December 7, 2023 – Council Minutes

The mayor called the meeting to order at 7:00 pm Thursday, Dec. 7, 2023.   The pledge of allegiance was given by Roarke Burke and the prayer given by Aliza King.           

The mayor asked the clerk to call the roll:

Councilwoman King                         Present  

Councilman D Burke                        Present    

Councilwoman Harrison                Present

Councilman R. Burke                      Present      

Councilman Orme                            Absent  

Councilman Wilder                          Absent     

Also in attendance:  Mitch Bradley, Chief Fullmer, Attorney Angell

Amend Agenda:

Councilwoman King moved to amend the agenda to allow decision on issuance of a fireworks permit that came to the city after posting of the agenda. Motion seconded by Councilwoman Harrison.

The mayor called for a voice poll: all in favor none opposed.

Public Comment:

None

Fireworks Permit:

Justin Weaver made an application to sell fireworks from Dec 21, through Jan 5, 2024.  The mayor stated the fire department had no objection to the issuance of the permit.  The fireworks will be sold at 465 Annis Hwy. 

Councilwoman King moved to approve the fireworks permit seconded by Councilman D Burke.

The mayor called for a voice poll: all in favor none opposed.

Public Auction:

The mayor stated the city had advertised 1.87 acres of surplus land that is located south of South Park that is not accessible without a bridge.  The time and date of the auction have been advertised, this being the time.  He asked Mr. Bradley to step forward and conduct the auction.  Mr. Bradley stated the auction at $10,000 with three active bidders the final bid was approved at $19,000 by Marvin Crapo. 

Public Hearing – Lakeside Development:

Proponent:

Kurk Rowland stepped forward on behalf of the development.  He stated they have met with the city and county and made changes to the plat that both had with the prior plat.  Accesses have been approved with turn lanes and/or turn bays.  The project has 37% green space where the city code requires a minimum of 30%. 

Neutral:

 Mark Taylor county attorney, spoke neutral to the development but expressed concerns over the maintenance of the roads which have been partly annexed but not the entire width of the road.  The city county needs to have an agreement over the issue of maintenance of the jointly owned road.   

Rob Cromwell  county road superintendent, read a letter that he drafted dated December 6, 2023 wherein he addressed the issues with access, easements, right-hand turn bays along with a review of the development plan.

Andrew Rawlings, questioned the agenda notice which only referred to the hearing being a preliminary plat and the decision being discussed was on the final plat.  The agenda lacked proper notice of the subject item being discussed and decided.

The city attorney requested a recess.

The mayor reconvened the meeting. He stated that after discussion with the attorney being the agenda did not state that the hearing was on the final plat, he recommended the item be tabled and re-published.

Councilwoman Harrison moved to re-schedule and re-publish the Lakeside Development as being the final plat.  Councilwoman King made an alternative motion to schedule the hearing for a special meeting on Dec. 28 seconded by Councilman D Burke. 

The mayor called for a vote on the alternative motion:

Councilwoman King                         Yes   

Councilman D Burke                        Yes     

Councilwoman Harrison                No 

Councilman R. Burke                      No

Being tie vote the mayor voted – no.

Councilwoman Harrison moved to hold the meeting on Jan. 4, 2024, seconded by Councilman R Burke.       

The mayor called for a vote on the motion:

Councilwoman King                         No    

Councilman D Burke                        No      

Councilwoman Harrison                Yes 

Councilman R. Burke                      Yes

Being tie vote the mayor voted – Yes. 

Review and Approval of Nov 7, 2023 elections:

The mayor reviewed the summary of election results as certified by Jefferson County.  The three receiving the most votes were: Tonya Hillman, Timothy Howe, and Reed Stone.

Councilwoman Harrison moved to approve the election results of November 7, 2023 seconded by Councilman R Burke. 

The mayor called for a voice poll: all in favor none opposed.

ADA Ramps Resolution:

Mitch Bradley reviewed the grant application that the city received for installing ADA ramps.  The original grant was to replace the ramps on Hwy 48.  However, those have been replaced by Idaho Transportation Dept and are in compliance with ADA.    Mr. Bradley requested that the funds be switched from Hwy 48 to those along Farnsworth, which the state approved doing.  The resolution changes the location of the ramps from Hwy 48 to Farnsworth. 

Councilwoman King moved to approve the resolution as prepared by ITD reference number 2336 seconded by Councilwoman Harrison. 

The mayor called for a vote on the motion:

Councilwoman King                         Yes    

Councilman D Burke                        Yes      

Councilwoman Harrison                Yes 

Councilman R. Burke                      Yes

Replacement Truck:

Mr. Bradley stated that both of his snowplow trucks are currently down and out of service due to mechanical issues.  The large truck which has the sander in the bed is the one needing immediate attention.  The fuel tanks have rusted out and they cannot locate any replacement tanks.  They are in the process of epoxying the hole but are not sure it will hold.  He is looking for council approval to being looking for a replacement truck that will be large enough to hold the sand spreader.  Council approved Mitch to see what’s available and report back to them.

Approval of Minutes:

Councilwoman King moved to approve the minutes of November 16, 2023, seconded by Councilman D Burke.

The mayor called for a voice poll: all in favor with Councilman R Burke abstaining none opposed.

Review and Approval of Bills:

The clerk indicated there is one bill to be added: Precision Striping for $400.  Councilwoman King moved to approve the bills and Precision Striping seconded by Councilman D Burke.

The mayor called for a vote on the motion:

Councilwoman King                         Yes    

Councilman D Burke                        Yes      

Councilwoman Harrison                Yes 

Councilman R. Burke                      Yes

Executive Session:

Councilwoman King moved the council enter executive session per Idaho Code 74-206(f) seconded by Councilman D Burke. 

The mayor called for a vote on the motion:

Councilwoman King                         Yes    

Councilman D Burke                        Yes      

Councilwoman Harrison                Yes 

Councilman R. Burke                      Yes

Council enters executive session: 8:05p.m.

Council exits executive session 8:15 p.m..

Adjournment:

Councilwoman King moved to adjourn seconded by Councilman D Burke.

The mayor called for a voice poll: all in favor none opposed.

CITY OF RIGBY

                                                                                _____________________

                                                                                Richard Datwyler, Mayor

ATTEST:

___________________

David Swager, Clerk

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