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HomeMy WebLinkAboutCouncil Minutes - September 16, 2026 (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org City Council Minutes – September 16, 2026 Mayor Jerry Merrill Council Members: Bryanna Johnson David Reeser Colin Erickson Bill Riggins Eric Erickson Alisha Tietjen City Staff: Spencer Rammell – 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. Council Member Riggins said the prayer. Mayor Merrill led the pledge. Roll Call of Council Members: Attending: Council Member Johnson, Council Member Tietjen, Council Member C. Erickson, Council Member Reeser, Council Member Riggins and Council President E. Erickson Motion to Amend the Agenda as per Idaho State Statute §74-204(4)(b): Item 6(C)(4) Amendment to add Approval of Idaho Transportation Department Grant Agreement and FY27 Budget Adj Action Item Council Member Riggins moved to amend the agenda as per Idaho State Statute §74-204(4)(b): Item 6(C)(4) Amendment to add Approval of Idaho Transportation Department Grant Agreement and FY27 Budget Adjustment; 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 Tietjen Council Member C. Erickson Council Member Reeser Council Member Riggins Council President E. Erickson The motion carried. 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. NONE A member of the public asked whether the Flock camera issue will be discussed later. Mayor Merrill confirmed that the City Council will receive a presentation and discuss the issue. However, he clarified that the item is not a scheduled public hearing and that public comments will not be made during the presentation. Mayor Merrill explained that residents can submit comments to the City Council by email at any time. He emphasized that the City Council will not be making any decisions regarding the Flock cameras that evening because the item is scheduled for City Council discussion and informational purposes only. A member of the public asked when residents will have an opportunity to provide public comments regarding the issue. Mayor Merrill stated that there is currently no public forum scheduled but that the City Council could schedule a public hearing at a later date if they chose to do so. Additional clarification provided that the current public comment period is intended for matters that are not listed on the agenda. Mayor Merrill confirmed that public comments regarding the Flock camera agenda item will not be taken that evening. A member of the public also asked whether audience members can ask questions during the presentation. Mayor Merrill explained that audience participation is typically not permitted during informational presentations that are not public hearings. He stated that the City Attorney will provide a presentation to educate the City Council about automated license plate readers (ALPRs). If the City Council decided to pursue the matter further, a public hearing or other opportunity for public participation can be considered at a later date. Kenneth Sellers asked why members of the public were not allowed to publicly express their opposition to the Flock cameras and instead are required to submit their comments electronically. Mayor Merrill thanked Mr. Sellers for his comments and explained that residents can contact the Mayor or City Councilmembers by email at any time. He stated that public testimony is generally received during scheduled public hearings, which are required to be listed on the agenda. He explained that the Flock camera item scheduled for that evening is an informational presentation intended to provide the City Council with additional information and is not a public hearing. Mr. Sellers stated that, as a Rexburg voter, he believes residents should have an opportunity to discuss the issue publicly with the Mayor and City Council rather than being limited to submitting comments online. Mayor Merrill stated that the City Council could consider holding a public hearing if it determined that one is appropriate, but no public hearing is currently scheduled. He encouraged everyone to listen to the presentation because it can answer many of the questions regarding the Flock cameras. Mr. Sellers reiterated that he believes there should be a public hearing where Rexburg voters can discuss the issue directly with the Mayor and City Council rather than communicating solely through emails or other online methods. Mayor Merrill explained that residents can email or call to request that the matter be considered for a public hearing. He stated that no public hearing has been scheduled at that time and again encouraged those present to listen to the evening's presentation, which he believes will provide additional information and answer many questions. Troy Seaman said he had lived in Rexburg for approximately eight years. He said Central Park Apartments is generally a pleasant place to live but expressed concerns regarding ongoing construction and property maintenance. The road construction project on South 4th West, that began on July 6. He also referenced the ongoing construction at the former Frontier Pies property, which has been underway for approximately four years. Having both projects underway at the same time have created significant inconvenience for residents in the area. Mr. Seaman also raised concerns regarding emergency access to Central Park Apartments and the apartment complex across the street. There were three access points in the area, and two accesses have been affected by the construction projects. He questioned how emergency vehicles, including fire trucks, will access the properties if needed. He requested information regarding the anticipated completion date for the South 4th West Road project, noting that residents were provided with a start date but not a project completion date. Mr. Seaman then addressed concerns regarding dog waste on the grassy area along 450 West 4th South near Central Park Apartments. He stated that he spoke with the property manager, who indicated that the maintenance employee is not responsible for cleaning up the waste and that management cannot determine whether the animals belong to apartment residents. The property manager also indicated that the landscaping company is responsible for cleaning the area. Mr. Seaman explained that he walks through the area daily on his way to work and stated that the dog waste has not been adequately cleaned up. He requested that the area be better maintained. Mayor Merrill acknowledged that construction is inconvenient and stated that the City is working to complete the road project as quickly as possible. Regarding the dog waste concern, Mayor Merrill explained that the issue involved private property. However, he stated that the city has a nuisance ordinance and advised Mr. Seaman that he could report the matter to the city’s ordinance officer if he believes it has risen to the level of a public nuisance. The city ordinance officer could then contact the property owner and assist with compliance. Jason Sellers explained that when he first moved into the area, Wendy’s and other businesses along Moody Road were not developed. He noted that traffic has become more congested as development occurs and expressed concern about the additional traffic that will result from WinCo and other planned developments. He asked whether the city plans to improve traffic flow in the area. Public Works Director Keith Davidson stated that the city evaluated traffic impacts as new businesses and developments are proposed. He explained that a traffic impact study was completed for the WinCo development. As growth continues in the area, the city will evaluate potential intersection improvements. He noted that funding remained a consideration but stated that improvements are being evaluated at the intersection of Moody Road and 2nd East. Mr. Sellers asked whether the WinCo parking lot will have access to 2nd East or whether all traffic will be directed through Moody Road. Public Works Director Davidson confirmed that an access point onto 2nd East is planned just south of Moody Road. Michael Cook referenced the Fourth Amendment to the United States Constitution regarding protections against unreasonable searches and seizures. He stated that searches conducted without a warrant are illegal under the Constitution. Items from Council: Committees: MEPI, Cultural Arts, Grants, School Board, MUSIC, MYAB, Emergency Services Board, Beautification, Trails/Parks & Recreation, Urban Renewal, Airport, Golf Board, ADA Oversight Board, Historical Preservation Committee, and Legacy Flight Museum Council Member C. Erickson reported that the Golf Board met and discussed potential rate increases, which are expected to come before the City Council within the next few months. He stated that even with the proposed increases, the golf course rates will remain below those of surrounding courses. Council Member C. Erickson reported that the installation of GPS units on the golf carts is delayed due to backorders. The units are expected to be operational by the end of September or October. He explained that the GPS system will allow staff to monitor and manage golf cart locations, improve the pace of play, and provide advertising opportunities that could generate additional revenue for the golf course, City, and County. The Golf Board scheduled disc golf events at the golf courses in early spring. Council Member C. Erickson reported that the School District's bus barn shop on University Avenue is complete. Construction of the new district office on 12th West has begun, with site preparation underway for the foundation. Council Member C. Erickson reported on a Junior High School trip to New York City, where students performed at the Lincoln Center. Council Member C. Erickson said he attended the trip as a chaperone and stated that the students received positive comments regarding the quality of their performance. He recognized the students for representing the community positively. Council Member C. Erickson also reported that he attended a planning meeting related to the Rexburg Accelerator program and efforts to reconnect the east and west sides of the city. He said that the group had received support and was evaluating potential plans, funding opportunities, and other resources to assist with the effort. The group planned to continue meeting monthly. The Airport Board has not met but is expected to meet the following month. Council Member C. Erickson also reported that he spoke with the Police Chief regarding concerns about electric motorbikes. He stated that City Attorney Rammell has provided information to the Police Chief and that the Police Department planning to increase public education regarding the safe use of the bikes. The outreach is expected to include information for parents and children and coordination with the schools and School Resource Officers. Council Member Johnson reported on the Parks, Recreation, and Trails Committee. She stated that the pickleball courts are ready for their grand opening, which is scheduled for the following Tuesday. She also reported that repairs to portions of the pathway at Nature Park are expected to begin soon. Public Works Director Keith Davidson stated that the pathway is anticipated to be repaved the following week. Council Member Tietjen reported that the Grants Committee continues to meet monthly and is applying for several grants for various city projects. She stated that grant opportunities are currently limited but that the upcoming grant cycle is expected to provide additional opportunities. Council Member Tietjen reported that the Mayor’s Youth Advisory Board held their kickoff meeting with approximately 15 youth in attendance. The MYAB participated in the homecoming parade with a float, which attracted additional youth participation. Their first service project is scheduled for the following day and will involve tying blankets. She expressed enthusiasm for the Council’s activities during the upcoming year. Council Member Tietjen reported that the ADA Oversight Board continued to seek one additional member and encouraged interested individuals to participate. Council Member Tietjen also reported that the Historical Preservation Commission met and discussed potential grants and projects. The Commission clarified that the city is a Certified Local Government, which allowed it to apply for grant opportunities that can assist with historical preservation studies. The Commission plans to explore those funding opportunities. Council President E. Erickson reported that the MEPI Committee did not meet and that he has no additional information to report. Council Member Riggins reported that the Urban Renewal Agency met earlier that day. He referenced the City Council’s discussion two weeks earlier regarding the proposed West Highway District and reported that the Agency approved a resolution to move the proposal forward to Madison County for review. The Property owners are in the process of being contacted as the West Highway District continues through the approval process. Council Member Riggins also reported that the Agency discussed the Downtown District, including the property located at 30 North 1st West. New Requests for Proposals (RFPs) are scheduled to be issued within the next two days seeking proposals for the purchase and development of the property. The Agency also approved issuing an RFP for the demolition of the existing buildings to determine the anticipated demolition costs. Council Member Riggins emphasized that efforts are being made to work with the Historical Preservation Commission to preserve the former seminary building. He explained that preservation of the seminary building will be incorporated into the RFP as the Agency sought proposals for development of the entire property. Other Reports: NONE Staff Reports: Finance: - Matt Nielson Financial Reports Finance Officer Nielson reviewed the Treasurer’s Expenditure Report. The city is approximately 92% through the fiscal year, with about one month remaining. Overall expenditure is approximately 64% of the total budget. Major operating funds, including the General Fund, are approximately 92% expended, which is consistent with expectations for that point in the fiscal year. A few smaller funds are slightly over budget. Recreation programs will require a small subsidy, and the DARE program has slightly exceeded its budget but has sufficient cash available. Fire impact fee expenditures are also expected to exceed the budget slightly due to delays in completing the impact fee studies. Finance Officer Nielson also provided an update on the impact fee studies. The streets impact fee study is nearing completion and is expected to be finished within the next month. City Staff contacted the individuals who have served on the Impact Fee Committee during the previous several years, and the committee is expected to begin meeting in October. City Staff anticipate bringing information and recommendations to the City Council beginning in November. He explained that the impact fee update process takes several months because it requires ordinances and public hearings. Any recommended changes to the impact fees are expected to come before the City Council early in the next calendar year, which is considered the best-case timeline for completing the process. Finance Officer Nielson noted that several large expenditures appeared in the report, including a required prepayment associated with the Teton River bridge project. He explained that the city is experiencing significant expenditures related to several ongoing construction projects. More than $4 million has been spent during the fiscal year on wastewater treatment plant construction. The city has also spent more than $3.4 million on the LID construction funds, with additional payments still anticipated. In addition, more than $2.5 million had been spent on the major sewer line project extending to the new temple area. He continued to explain that the significant amount of ongoing construction resulted in substantial cash expenditures.    Finance Officer Nielson reviewed the Cash & Investment Balance Report. He said he and City Controller Miller have been managing cash flow by moving funds from maturing investments into the Local Government Investment Pool (LGIP), which provided the city with access to the funds within a few days.  Finance Officer Nielson provided an update on the new lift station and gravity line project involving Rexburg, Sugar City, and Teton. The project is expected to be completed within approximately three months. The city submitted its final draw request for the $5 million federal grant and needs to provide a few remaining documents before receiving approximately $740,000 that is outstanding. He has billed Sugar City and Teton for their respective contributions to the project, which totaled approximately $3.4 million. He said he anticipates receiving those funds within 30 to 60 days, which will help improve the city's cash flow. Legal: Spencer Rammell Discussion of ALPR systems City Attorney Rammell provided an informational presentation regarding automated license plate reader (ALPR) systems. He clarified that the presentation is intended solely for instructional, educational, and informational purposes. There is no action item before the City Council, and the Councilmembers are not being asked to approve or disapprove the use of license plate readers or Flock cameras. Therefore, the discussion is not a public hearing or a forum for public debate. City Attorney Rammell explained that members of the City Council heard concerns from residents regarding ALPR systems. The Councilmembers are interested in hearing the concerns of their constituents and understanding the city's position regarding the technology. He noted that residents can communicate directly with the Mayor and Council Members, who can then relay concerns to City Staff and make recommendations. City Attorney Rammell stated that the City of Rexburg does not have Flock cameras, does not have plans to pursue a contract with Flock, and does not operate a passive tracking system. He explained that ALPR systems are regulated by Idaho Code Section 49-1432, which was adopted in 2025 and established requirements for Idaho cities, counties, and state agencies using the technology. He explained that when ALPR systems are used by law enforcement, the data can only be used to investigate felony or misdemeanor crimes, investigate traffic accidents, search for missing or endangered persons, or study and manage traffic flow. He stated that the law prohibited the use of ALPR data for routine traffic infractions unrelated to traffic accidents, personal use, political activity, or surveillance unrelated to purposes authorized by law. Agencies using ALPR systems are required to limit access to authorized personnel, provide training to users, log every search, and audit those logs twice each year. Misuse could result in disciplinary action, administrative penalties, or criminal prosecution when applicable. City Attorney Rammell explained that he instructed city department heads that any contract or proposal involving the use of ALPR technology be reviewed by the City Attorney's Office. During the previous year, a proposal was presented involving a third-party company that law enforcement is considering for parking enforcement. After reviewing the proposal and the technology involved, he determined that its proposed use conflicted with state law and recommended that the city not pursue the contract. City Attorney Rammell said the city has additional checks and balances through its public processes. The City Council approves the city's budget during public meetings, and budget information is available to the public. City contracts, policies, and records are subject to the Idaho Public Records Act. He explained that these transparency requirements provide additional opportunities for the City Council and the public to review city activities and expenditures. There are distinctions between what the city can and cannot legally control such as privacy and private property rights both involve limitations on government authority. He acknowledged concerns regarding government tracking of law-abiding individuals and stated that those concerns are among the reasons the Idaho Legislature established restrictions on governmental use of ALPR technology. City Attorney Rammell also explained that limitations on government authority restricted the city's ability to regulate lawful activities occurring on private property. He stated that the city cannot necessarily prohibit private business, homeowners’ association, or property owner from using lawful security equipment on private property. He noted that constitutional protections also applied to certain forms of photography and recording of what can be observed from public areas, including license plates displayed publicly. City Attorney Rammell said the city can control whether it uses ALPR technology, entered into contracts involving the technology, or allowed equipment to be installed on city property, public rights-of-way, or city-owned poles. The city can also determine whether it will utilize data provided by such systems. However, the city's authority does not extend to prohibiting lawful security systems located on private property. City Attorney Rammell reiterated that the City of Rexburg does not operate or contract for Flock cameras on city property and has no intention of entering into such contracts. He said that if a department head presented a future proposal involving ALPR technology, he will make it a priority to bring the matter before the City Council and follow any applicable public meeting or hearing requirements. Council President E. Erickson asked whether license plate readers, separate from Flock cameras, are currently in use within the city. City Attorney Rammell clarified that the City of Rexburg is not operating or controlling any license plate reader systems and is not collecting license plate data through such a system. City Attorney Rammell noted that a recent public records request identified that the city's existing security camera system have the capability to utilize ALPR technology. He explained that technology is evolving quickly and that there is a distinction between having equipment capable of supporting ALPR technology and actively using that capability. City Attorney Rammell said he spoke with Police Chief Rhodes to specifically review the Police Department's security cameras, body cameras, and vehicle cameras. The Police Department contracted with Axiom, which offered an additional paid service that can provide license plate reader capabilities. However, the city did not subscribe to that service, and none of the Police Department's vehicles are currently using the ALPR feature through Axiom. Council President E. Erickson asked who has access to the city's security cameras and whether that access is controlled. City Attorney Rammell explained that after his appointment as City Attorney, he began a legal audit of the city's employee handbook. The previous handbook assigned certain security camera permissions and responsibilities to the mayor. He said he recommended restructuring those responsibilities to provide additional protection for the mayor and to ensure that responsibility for potential violations did not rest solely with one elected official. As part of that process, the city restructured permissions and access related to the placement and maintenance of security cameras. Access to IT rooms, equipment, and related systems is also restricted and closely controlled. Council President E. Erickson asked whether any data collected through the city's security cameras is tightly controlled and accessible to only a limited number of individuals. IT Operations Manager Jackson explained that surveillance camera recordings are generally retained for up to 30 days before being overwritten. Department heads have access only to cameras associated with their respective areas, such as Parks Department staff having access to park cameras. Citywide access is limited to the Chief Information Officer, designated IT staff, and the Police Department. Certain Police Department cameras have more restricted access because they involve evidence, with only two individuals authorized to access those cameras. IT Operations Manager Jackson clarified that there have been three active license plate readers in the alley behind the Police Department for approximately nine months. Only one IT staff member knows how to operate those readers. The Police Department can request assistance from that employee when necessary; however, no requests to search the license plate reader data have been received and no reports have been generated from the system. City Attorney Rammell clarified his earlier comments by explaining that, based on his discussions with the Police Chief, the Police Department does not have an independent contract or independent access to an ALPR system. He said that he has not previously utilized the three license plate readers located behind the Police Department. The Police Department's uses those rear alley security cameras for custody exchanges and the resulting requests for surveillance footage. The city can further discuss whether the three license plate readers are necessary because city staff have not identified a functional use for them. Council Member Johnson acknowledged that automated license plate readers have raised concerns locally and across the country. The presentation has been helpful in addressing residents' concerns. She noted that although the City Council approves departmental budgets, individual line items are sometimes broad and do not identify every specific purchase. In addition, purchases or contracts below certain monetary thresholds did not necessarily require City Council approval. She asked whether the city could adopt an ordinance requiring any proposed contract for an automated license plate reader system to receive City Council approval before implementation. City Attorney Rammell stated that the City Council could adopt such an ordinance but questioned whether the matter might be better addressed through city policy. He explained that law enforcement agencies are the most common users of ALPR technology and that Police Chief Rhodes indicated that the Police Department does not have an independent ALPR system or contract. The city's existing security system has the capability to use license plate reader technology; however, the system is not actively collecting that information. City Attorney Rammell explained that an ordinance could potentially regulate an activity that is not currently occurring. He also noted that Idaho law has established restrictions governing the use of ALPR technology. He questioned whether a proposed ordinance would prohibit ALPR use entirely or instead require City Council approval before the city used the technology for purposes permitted under state law. ALPR technology can be used for legitimate traffic studies, including evaluating traffic patterns and traffic flow as the city continues to grow. He also raised the question of whether a city ordinance restricting ALPR technology could affect equipment used by the State of Idaho on state-controlled roadways or traffic signals within the city. Public Works Director Davidson clarified that Main Street and a portion of Second East extending toward Yellowstone Highway and Sugar City are under state control. City Attorney Rammell added that cameras or other equipment located on traffic signals along those roadways can be installed, maintained, and funded by the State of Idaho rather than the city. Council Member Johnson clarified that she is not proposing that the city prohibits the use of ALPR technology. Instead, she asked whether a policy or ordinance could require the Police Department to bring any proposed ALPR contract before the City Council for approval. City Attorney Rammell said internal policies and checks and balances are already in place. However, if the City Council wanted to require specific approval before any department could use ALPR technology, the city could establish such a requirement. He explained that the Councilmembers could determine whether approval should come through department heads, the City Attorney's Office, or the City Council as an action item. Council Member Johnson requested that the matter be placed on a future agenda to discuss proposed ALPR contracts to come before the City Council for approval. City Attorney Rammell added that the proposed ALPR approval requirement could also be implemented through the City handbook or the department head policy handbook. Council Member C. Erickson explained the distinction between Flock cameras and other license plate reader systems. He expressed concern about Flock systems because of their use of artificial intelligence and their ability to share and collect information across a broader network. He stated that he is pleased that the city does not have Flock cameras and does not plan to obtain them. City Attorney Rammell clarified that the license plate readers associated with the security system in the alley behind the Police Department are not part of a Flock system. He reiterated that the city has no contract with Flock and has no intention of entering into one. He also noted that license plate recognition technology has become increasingly accessible and can even be used through certain mobile devices. Council Member C. Erickson said the city does not have a system that uses artificial intelligence to track individuals and did not plan to implement such a system. He supports the idea of establishing a policy requiring additional review of ALPR technology. He also expressed confidence that the Police Chief and Police Department will bring any proposed system before the City Council before purchasing or implementing it. Council Member C. Erickson reiterated that the city does not have or plan to obtain a Flock system and other resources can be used for law enforcement purposes without collecting unnecessary information on residents. He expressed appreciation for the presentation and hopes the discussion clarified the city's position for residents. Other jurisdictions use Flock systems; the City of Rexburg does not. Council Member Johnson clarified that her request for a policy is not related to a lack of trust in the Police Chief. She explained that policies provide consistency regardless of who is in a leadership position. Because residents have expressed concerns regarding ALPR technology, she believes that establishing a policy can help address those concerns. City Attorney Rammell explained that city government and policies benefited from appropriate checks and balances. He referenced previous city handbooks that had assigned responsibility for the placement, security, and maintenance of cameras to the mayor, even though those responsibilities were not actually performed by the mayor. The policies have since been revised to assign responsibilities to IT, department heads, and other designated individuals. City Attorney Rammell added that additional checks and balances were established to ensure that individuals do not have access to information they are not authorized to view. He also emphasized the city's commitment to public transparency, noting that most city information is available through public records requests, with limited exceptions such as certain employee information. Public Works: - Keith Davidson Surplus approval of Water Department Ford Pickup Truck #34-01 needing motor rebuilt - Action Item Public Works Director Keith Davidson requested City Council approval to declare a Ford truck from the Water Department as surplus property.  Council President E. Erickson moved to approve to Surplus Ford Pickup Truck #34-01 needing motor rebuilt; Council Member Tietjen seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Johnson none Council Member Tietjen Council Member C. Erickson Council Member Reeser Council Member Riggins Council President E. Erickson The motion carried. Approval of Fall Cleanup Dates October 26th to November 16th, 2026 - Action Item Council Member Tietjen asked whether the collection period could be extended if weather conditions, such as snow, interfered with the scheduled timeframe. Public Works Director Davidson explained that staff generally tried to keep collection within the established timeframe because collecting debris throughout the city requires significant manpower. Extensions are typically not provided unless there are extenuating circumstances, although city staff could work individually with residents when necessary. Council Member Johnson moved to approve the Fall Cleanup Dates of October 26th to November 16th, 2026; Council Member Riggins seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Johnson none Council Member Tietjen Council Member C. Erickson Council Member Reeser Council Member Riggins Council President E. Erickson The motion carried. Approval of Contract for the design of the Wastewater Treatment Plant’s dewatering replacement and drying upgrade - Action Item Public Works Director Davidson explained that the proposed contract with Aqua Engineering is for the design of upgrades to the biosolids handling process at the wastewater treatment plant. The proposed system will include dewatering equipment that would reduce the moisture content of the biosolids to approximately 16% to 18%. The material would then pass through a natural-gas drying system that will increase the solids content to approximately 90% and produce Class A biosolids. He stated that the improvements are also expected to help reduce odors at the treatment plant and assist the city in maintaining regulatory compliance. Council President E. Erickson asked whether the proposed improvements are in response to a lawsuit. Public Works Director Davidson stated that the project is partially related but clarified that the city has been planning improvements before the lawsuit because upgrades to the treatment plant were needed. Council Member Tietjen asked about the anticipated project timeline. Public Works Director Davidson stated that the design process is expected to take approximately one year. After the design is complete, the project will be advertised for bids, the bids will be brought back for consideration, and a construction contract will then be awarded. He clarified that the contract currently under consideration is only for the design phase. Mayor Merrill asked about the cost of the contract. Public Works Director Davidson stated that the Aqua Engineering design contract is approximately $845,750. Council Member C. Erickson asked whether city staff believed the proposed design contract represented a fair price, noting that the cost is significant. Public Works Director Davidson acknowledged the high cost but explained that wastewater projects are generally expensive. He added that staff negotiated the contract with Aqua Engineering and believes the proposed price is fair. Council Member Erickson emphasized the importance of ensuring that city staff carefully review and balance project costs, noting that both providing clean water and treating wastewater required significant investment. Mayor Merrill asked whether city staff has an estimate cost for the overall wastewater treatment plant upgrade. Public Works Director Davidson stated that the final cost will become clearer as the design progressed but estimates that construction could range from approximately $14 million to $20 million Council Member Riggins asked whether the proposed design considered future growth and the city's wastewater treatment needs of approximately 20 years into the future. He emphasized the importance of long-term planning given the significant cost of the project. Public Works Director Davidson responded that city staff hope the improvements will accommodate approximately 20 years of growth but acknowledged that future growth rates are difficult to predict. He added that the proposed project will not be the only upgrade needed at the wastewater treatment plant. Each treatment process has a specific capacity measured in millions of gallons per day (MGD), and individual components will need to be upgraded as the city's wastewater flows increased. Public Works Director Davidson explained that the city is currently upgrading the plant's headworks from a capacity of approximately 6 million gallons per day to 12 million gallons per day. The biosolids handling system at the end of the treatment process is the next area requiring an upgrade. Future improvements are anticipated for the oxidation ditches and clarifiers. The city addresses wastewater treatment capacity incrementally by upgrading individual components to provide additional capacity and then proceeding to the next area that becomes a system bottleneck. Council Member Riggins asked whether a state government agency will be required to review and approve the proposed wastewater treatment plant design. Public Works Director Davidson confirmed that the project will be reviewed by the Idaho Department of Environmental Quality (DEQ). He explained that city staff will work through the required review process to ensure that DEQ approved the proposed system and confirmed that the drying process will produce Class A biosolids as intended. Mayor Merrill asked Financial Officer Nielson whether sufficient funding will be available for the project. Financial Officer Nielson explained that the city will likely need to issue a revenue bond by the time the project reached full buildout. Mayor Merrill noted that the city saved as much as reasonably possible but acknowledged that a project of this size will likely require additional financing. The revenue bond will be repaid through wastewater fees over future years. Financial Officer Nielson added that the city's previous wastewater revenue bond was paid off during the prior year. The city could have approximately three years without revenue bond debt before another bond is needed for the upcoming improvements. Council Member C. Erickson moved to approve the Contract for the design of the Wastewater Treatment Plant’s dewatering replacement and drying upgrade; Council Member Riggins seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Johnson none Council Member Tietjen Council Member C. Erickson Council Member Reeser Council Member Riggins Council President E. Erickson The motion carried. **Approval of Idaho Transportation Department FTA 5311 Rural Funding Agreement #02771RX and Fiscal Year 2027 Budget Adjustment for Public Transportation Study Action Item Public Works Director Davidson reported that the city staff received notice in June that the city was awarded a grant for a public transportation study. The formal grant agreement was received the previous day, and he thanked the City Council for amending the agenda to allow the item to move forward because the grant period begins October 1. Public Works Director Davidson explained that the study will evaluate public transportation needs within the community. The study would identify gaps in existing transportation options, evaluate which transportation solutions could work effectively for the community, and determine potential future transportation needs. The total grant amount is $200,000 and requires an 80/20 funding split. The grant will provide $160,000, or 80% of the project cost, while the city will be responsible for the remaining $40,000. The city's required contribution is the reason for the accompanying budget adjustment.  Council Member Tietjen asked whether the grant is reimbursable, requiring the city to pay the expenses upfront and then receive reimbursement. Public Works Director Davidson confirmed that it is reimbursable grant. Council Member Johnson asked whether BYU-Idaho had committed $20,000 toward the City's $40,000 contribution. Director Davidson confirmed that BYU-Idaho's $20,000 contribution is included in the proposed budget adjustment. Council President E. Erickson asked whether the study would focus solely on Rexburg or does it include surrounding communities such as Sugar City, Rigby, and Idaho Falls. Public Works Director Davidson explained that the study is primarily intended to evaluate transportation needs within Rexburg, but the city has flexibility in developing the scope of work. The city planned to issue a request for proposals to engineering firms and could incorporate additional items into the scope based on City Council input. Council President Erickson suggested considering a countywide scope that included Sugar City and other outlying areas that could benefit from public transportation. Council Member Johnson asked about the anticipated timeline for completing the study. Public Works Director Davidson explained that the city planned to conduct the study over approximately two years, with project expenditures distributed over that period. Council President E. Erickson moved to approve the Idaho Transportation Department FTA 5311 Rural Funding Agreement #02771RX and Fiscal Year 2027 Budget Adjustment for Public Transportation Study; Council Member Tietjen seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Johnson none Council Member Tietjen Council Member C. Erickson Council Member Reeser Council Member Riggins Council President E. Erickson The motion carried. Mayor’s Report/Business: Mayor Merrill reported that he attended the Fire Department Board meeting the previous day. The Fire Department responded to numerous fires throughout Madison County during the year. Several crews were also deployed to assist with fires in other areas. The Fire Department was able to maintain sufficient personnel locally to respond to emergencies before sending crews to other areas. The Department declined some requests for outside assistance to ensure adequate local coverage. Backfill personnel were also available to cover positions when crews were deployed elsewhere. Mayor Merrill also reported that the Fire Board approved the replacement of two brush trucks that have experienced significant wear over the years. Funding is available for the replacement vehicles. The city's fire protection ratings have improved from Class 3 to Class 2, and the rating for county areas have improved from Class 4 to Class 3. The improved ratings could result in savings for residents on their fire insurance premiums. Mayor Merrill added that the Fire Department's budget remains relatively flat compared to FY2026. At approximately 92% through the fiscal year, expenditures are at 84.23% of the budget. The Fire Department is approximately 6% under budget at that point and is expected to finish the fiscal year close to budget. The Fire Department and Madison County discontinued the fire ban. The City's ordinance supporting the fire ban is scheduled to expire at the end of the month. Council Member Tietjen asked whether residents could currently have fires even though the city's ordinance has not expired. Mayor Merrill confirmed that fires are permitted because the county discontinued the fire ban. Items for Consideration: Staff recommendation to approve an amendment to Resolution No 2006-14 Rexburg’s Records Retention Schedule to comply with Federal Regulations (8 CFR 27a.2) regarding the retention of Employee I-9s. Designated as Resolution No 2026-13 if motion passes – Brandon Smith - Action Item City Clerk Lovejoy explained that Human Resources Director Brandon Smith brought the matter to city staff's attention and advised that the city could face penalties for retaining certain records longer than permitted. She said that staff recommended aligning the city's retention requirements with federal regulations to ensure that the city remained compliant with applicable record retention requirements. Resolution 2026 – 13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REXBURG, IDAHO, AMENDING RESOLUTION NO. 2006-14 AND THE CITY OF REXBURG RECORDS RETENTION SCHEDULE RELATING TO THE RETENTION OF EMPLOYMENT ELIGIBILITY VERIFICATION FORMS (FORM I-9). WHEREAS, on December 20, 2006, the City Council of the City of Rexburg adopted Resolution No. 2006-14, establishing a records retention schedule identifying minimum retention periods for various types of City records; and WHEREAS, the records retention schedule adopted by Resolution No. 2006-14 classifies Employment Eligibility Verification Forms (Form I-9) as semi-permanent records and currently provides that such records shall be retained for five (5) years after separation from employment; and WHEREAS, federal regulations governing Employment Eligibility Verification Forms provide that an employer shall retain an employee's Form I-9 for three (3) years after the date of hire or one (1) year after the date the individual's employment is terminated, whichever is later, pursuant to 8 C.F.R. § 274a.2(b)(2)(i)(A); and WHEREAS, the City Council desires to amend the City's records retention schedule so that the retention period applicable to Employment Eligibility Verification Forms conforms to the retention requirements established by federal law; and WHEREAS, in accordance with the federal retention requirement, the City will retain the Form I-9 for each active employee throughout the employee's employment with the City and, following termination of employment, will retain the Form I-9 until the later of three (3) years after the employee's first day of employment or one (1) year after the employee's termination date; and WHEREAS, the City Council finds that amending the records retention schedule in this manner will establish a clear and consistent retention period for Employment Eligibility Verification Forms while ensuring compliance with applicable federal requirements. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF REXBURG, IDAHO, as follows: Section 1. Amendment of Records Retention Schedule. The records retention schedule adopted as Exhibit “A” to Resolution No. 2006-14 is hereby amended under Personnel Records regarding Employment Eligibility Verification Forms (I-9), incorporated herein by Section 2 of Resolution No 2026-13. Section 2. Retention Schedule Amendment for Employment Eligibility Verification Forms (I-9): For an employee whose employment with the City lasts two (2) years or less, Form I-9 shall be retained until three (3) years after the employee's first day of employment. For an employee whose employment with the City lasts more than two (2) years, Form I-9 shall be retained until one (1) year after the employee's termination date. Section 3. Continuing Effect of Resolution No. 2006-14. Except as specifically amended by this Resolution, Resolution No. 2006-14 shall remain in full force and effect. Passed by the City Council and approved by the Mayor this 16th day of September 2026. CITY OF REXBURG, MADISON COUNTY, IDAHO BY: Jerry L. Merrill, Mayor ATTEST: Deborah Lovejoy, City Clerk Council Member C. Erickson moved to approve Resolution No 2026-13 an amendment to Resolution No 2006-14 Rexburg’s Records Retention Schedule to comply with Federal Regulations (8 CFR 27a.2) regarding the retention of Employee I-9s; Council Member Johnson seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Johnson none Council Member Tietjen Council Member C. Erickson Council Member Reeser Council Member Riggins Council President E. Erickson The motion carried. Calendared Bills: Tabled Items: Annexation of approximately 80 E 7th N into the City of Rexburg (26-00321) – Alan Parkinson - Action Item Second Reading: Those items which have been first read: NONE C. 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. Minutes from September 2, 2026, Meeting - Action Item Council Member Tietjen explained that while reviewing the September 2nd City Council meeting minutes, she noticed that information from one of the discussions was omitted. moved to table approval of the minutes until October 7th to allow the missing information to be added. Council Member Tietjen moved to table approval of the September 2 , 2026 Meeting Minutes; Council Member Johnson seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Johnson none Council Member Tietjen Council Member C. Erickson Council Member Reeser Council Member Riggins Council President E. Erickson The motion carried. Approve Payment of the City of Rexburg Bills - Action Item Council Member Riggins moved to approve the payment of the City of Rexburg Bills; 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 Tietjen Council Member C. Erickson Council Member Reeser Council Member Riggins Council President E. Erickson The motion carried. Adjournment 7:59 P.M. APPROVED: ________________________________ Jerry Merrill, Mayor Attest: ________________________________ Marianna Gonzalez, City Deputy Clerk