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City of Rigby

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minutes meeting date 2025-09-18 · fetched 2026-09-17 · 18562 characters · official file · plain text

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MINUTES                                                 
 
REGULAR MEETING 
RIGBY CITY COUNCIL 
THURSDAY September 18th, 2025 
7:00 PM 
 
CALL TO ORDER: Mayor Richard Datwyler called the meeting to order.  
 
The Pledge of Allegiance was given by Councilwoman Harrison and the prayer by 
Councilman Espinosa. 
 
ROLL CALL ATTENDANCE:  
Councilman Mike Wilder                         Absent 
Councilwoman Becky Harrison               Present 
Councilman Alex Espinosa                     Present 
Councilman Timothy Howe                     Present 
Councilman Reed Stone                         Present 
Councilwoman Tonya Hillman                Absent 
 
ALSO PRESENT-  
City Attorney, Sam Angell 
Director Of Public Works, Mitch Bradley 
Police Chief Allen Fullmer 
Planning and Zoning Administrator, Ione Hansen 
Library Director, Brittney Fielding 
Wastewater Treatment Plant Superintendent – Scott Humpherys 
 
 
PUBLIC COMMENT -  
 
Dennis Lybe attended the meeting to express concerns about the City’s water billing 
structure. He noted that some residents are charged a flat rate plus an overage fee if 
they exceed the base allotment, while others are billed only a flat rate. His concern is 
that during the winter months, many residents—including himself—do not use the full 
amount of water covered by the flat rate, and he feels it would be more equitable to be 
charged only for the water actually used, based on metered consumption. 
 
Jeff Frankum expressed concern about vehicles being allowed to park on the road. He 
noted that children often ride their bikes in the street because they have no other place 
to ride, and the parked vehicles create blind spots that pose a safety hazard.

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ACTION ITEM - CONSENT AGENDA 
The following business items may be approved by one motion and a vote.  If any 
one member of the Council so desires, any matter listed can be moved to a 
separate agenda item.  
A. Council Minutes – September 4th, 2025 
 
Councilman Howe made the motion to Approve the Minutes for September 4th, 
seconded by Councilman Stone, 
 
B. Accounts Payable- September 2025 
 
 
Councilman Howe made the motion to Approve the Accounts Payable bills as 
written, seconded by Councilman Espinosa, 
roll call vote: 
Councilman Timothy Howe -         Yes                   
Councilman Alex Espinosa -         Yes              
Councilwoman Becky Harrison -  Yes       
Councilman Reed Stone -             Yes 
 
 
ACTION ITEM: Sanitation Violation 
 
Mr. Humpherys informed Council that a commercial dumping company has been 
illegally discharging into the city’s sewer system. He consulted with the State’s 
Pretreatment Coordinator to determine what actions the City can take. As the 
superintendent, Mr. Humpherys stated he has the authority to issue fines at his 
discretion, both in number and amount. 
The company in question has been discharging through a cleanout dug in the private 
yard of the business owner, which connects directly to a city manhole located in the 
alley behind the City Office. Although the company does use the treatment plant for 
proper dumping, they appear to be circumventing fees by using the unauthorized 
cleanout. There could be up to 28 violations. 
The Public Works Water Operator has had to clean out the manhole multiple times, 
which raised suspicion. There is photo evidence of the illegal activity. Council agreed 
that issuing fines for four clear violations—given the business owner’s awareness of 
proper procedures—would send a strong message and help prevent future infractions. 
Council and Mr. Humphries agreed to proceed with enforcement on four violations.

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ACTION ITEM: Consider Approval of Additional Costs from State Inspection for 
the Elevator 
 
Action A: Mr. Bradley has reached out to a contractor to do the work at the library but 
hasn’t received a bid yet.  
 
Tabled 
 
 
Councilwoman Harrison made a motion to amend the agenda to add a section B 
to this Action Item being the approval for the Urban Renewal funds for the 
updates for the library and we are amending the agenda because the meeting was 
just before this meeting and must be paid for before the next meeting. Seconded 
by Councilman Howe.  
 
Action B: Urban Renewal held a meeting earlier today and approved funding for 
several improvements to the library, including new carpet, interior paint, an ADA-
compliant front door, and a new LED message board. Per Urban Renewal procedures, 
the City will pay the expenses upfront and be reimbursed by Urban Renewal. The total 
approved amount is $50,323.17. 
 
Councilwoman Harrison made the motion to Approve the $50,323.17 for updates 
for the library upfront and to be reimbursed from the Urban Renewal for the 
updates listed, seconded by Councilman Espinosa, 
roll call vote: 
Councilman Alex Espinosa -          Yes              
Councilman Timothy Howe -          Yes                 
Councilman Reed Stone -   
 Yes 
Councilwoman Becky Harrison -    Yes       
 
 
ACTION ITEM: Brent Jones – Connection Fees for four-plex on 2nd South 
 
 
 
 
 
Tabled

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INFORMATIONAL ITEM: Dean Mortimer – Water 
 
The Eastern Idaho Water Rights Coalition, represented by Dean Mortimer, Director 
Keith Esplin, and President Roger Waren, delivered an informative presentation on the 
evolution of water rights in Eastern Idaho and best practices for their use and 
management. 
Keith Esplin, representing the Eastern Idaho Water Rights Coalition (EIWRC), outlined 
the organization’s mission: to stay informed and engaged on water-related political, 
regulatory, and policy developments, including coordination with the Idaho Water Users 
Association. 
He provided a brief history of water rights and usage in Eastern Idaho, emphasizing the 
ongoing challenges of balancing surface and groundwater use. Over the past two 
decades, significant negotiations have taken place between surface water users and 
groundwater pumpers to address aquifer depletion and drought resilience. 
EIWRC was formed in response to growing concerns about water security in Eastern 
Idaho. In 2015, a landmark agreement was reached in which groundwater users 
committed to reducing pumping by up to 12%, while surface water entities agreed to 
contribute 250,000 acre-feet of recharge annually to support aquifer recovery. 
While the agreement functioned for several years, compliance issues arose during 
drought conditions. Groundwater users interpreted the agreement as based on multi-
year averages, but the courts ruled that reductions were required annually. In 2024, the 
region faced a critical impasse that threatened to shut off irrigation to hundreds of 
thousands of acres—posing severe economic and agricultural consequences. 
A new four-year agreement was negotiated to avoid widespread curtailment. The 
current year marks year two of that deal. Esplin noted that a strong winter season is 
essential to replenish aquifers and maintain compliance. If recharge targets cannot be 
met next year, further cutbacks may be necessary. 
New rules have been implemented for new developments, requiring that new 
subdivisions use surface water for irrigation where available. This change is part of 
broader efforts to conserve groundwater and manage aquifer recharge. It was noted 
that farmers currently use about 97% of the region’s water, but cities also rely on these 
resources and are subject to many of the same regulations.   
Discussion included the Nez Perce water rights agreement, which guarantees flow 
augmentation for salmon habitat. Under this agreement, over 400,000 acre-feet of water 
are released annually for salmon recovery. However, recent studies suggest that these 
releases have not produced measurable ecological benefits. The agreement is set to 
expire in nine years, and stakeholders are hopeful that renegotiation could redirect 
some of that water to address pressing regional needs.  
Roger Warner addressed the impact of recent legislation concerning domestic wells, 
noting that it will significantly affect cities like Rigby. Under the new rules, new 
subdivisions and developments will no longer have access to water in the same way 
they once did and will increasingly rely on in-house municipal water systems. The State 
is encouraging greater use of canal water, which does not draw from the aquifer and 
helps preserve groundwater supplies.

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Mr. Warner emphasized the need for cities to begin planning for a transition to canal-
based irrigation systems. He pointed out that nearby cities are already operating dual 
systems—one for canal water and one for groundwater—to manage resources more 
effectively. Rigby has access to canal water and is already paying assessments on it, so 
it would be prudent to begin utilizing that resource more fully. 
Council scheduled a work meeting with the Eastern Idaho Water Rights Coalition 
(EIWRC) for October 23rd at 7:00 p.m. 
                                         
 
INFORMATIONAL ITEM: Michelle Mortimer – Water 
 
Michelle Mortimer from Rigby, Andrus & Rigby Law, PLLC handed out copies of the 
statutes she would be discussing. She explained that recent changes to domestic 
exemptions and related statutes have a significant impact on cities and planning 
policies. These include: 
 
Idaho Code 42-111 – Domestic Purposes 
 
Idaho Code 42-227 – Domestic Wells Exempt from Permit Requirements 
 
Idaho Code 31-3805 – Delivery of Water into Subdivisions 
She noted that state statute defines a subdivision as five acres or less. Cities can adopt 
a different definition in their own code, but Rigby currently does not have a separate 
definition—so the state’s applies. Under the new rules, shared wells are now limited to 
in-home use only, and irrigation for outdoor use must come from canal water. These 
requirements are enforced by IDWR, and enforcement often begins with neighbor 
complaints. 
The rules apply only to new development, but that includes new construction on existing 
lots within older subdivisions. If the property is located within the impact area, new 
builds must be compatible with future connection to city services. 
Michelle Mortimer reviewed Idaho Code § 67-6537, which requires that available 
surface water must be used for irrigation. She also discussed Idaho Code § 67-6538, 
which states that if a property owner sells their water rights, the new owner has two 
years to compel the previous owner to reacquire them. 
Michelle looked into Rigby’s groundwater rights and found six or seven existing rights, 
most of which are municipal, meaning they can be used for any purpose within city 
limits. Rigby’s current groundwater allocation is 13.15 cubic feet per second (cfs), which 
equals approximately 5,917.5 gallons per minute. She emphasized the need to identify 
uses for surface water, and noted that if the city’s demand exceeds its current 
allocation, additional water rights will need to be secured. 
Moving forward, she recommended a two-step approach: 
1. Determine what water rights the city currently owns and how much is being used.

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2. Establish what water resources developers will be required to bring in for new 
projects. 
These two statutes give the city authority to revise its municipal code to better align with 
current water policy and planning needs. 
                                         
 
ACTION ITEM: Consider Approval of Beer/Liquor License for Rigby’s Patty Shack 
LLC 
 
 
Councilman Stone made the motion to Approve the Wine and Beer License for 
Rigby’s Patty Shack LLC, seconded by Councilman Espinosa. 
       
                                         
 
ACTION ITEM: Consider Approval of a Camera Maintenance Contract 
 
The Mayor explained that the City is seeking to hire a new contractor to restore the 
camera system to full functionality. Councilwoman Harrison noted that Ms. Keller had 
reached out to multiple vendors for bids but was only able to obtain two: one from the 
original installer, previously presented at the City Council Meeting on June 6, 2025, and 
another from Twisted Tech. 
Council reviewed and discussed the differences between the two proposals. Although 
Twisted Tech’s bid may involve slightly higher initial costs due to the time required to 
locate and resolve system issues, Council agreed to proceed with Twisted Tech under a 
cost cap of $10,000 per fiscal year. All work will be approved through the City Clerk to 
ensure it remains focused on priorities and within budget. 
 
Councilwoman Harrison made the motion to Approve the Contract from Twisted 
Tech Not to Exceed $10,000 per Fiscal Year, seconded by Councilman Howe, 
roll call vote: 
Councilman Reed Stone -   
Yes 
Councilman Timothy Howe -         Yes                   
Councilman Alex Espinosa -         Yes               
Councilwoman Becky Harrison -  Yes         
                                     
 
ACTION ITEM: 3rd Reading of Budget Ordinance #2025-656 
 
 
Councilwoman Harrison made the motion to Read the Ordinance by Title and 
Summary Only, seconded by Councilman Stone. 
All present voted “Aye”. None Opposed. Motion was Adopted.

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ACTION ITEM: Adopt the Budget Ordinance #2025-656 
 
Councilman Howe made the motion to Adopt the Budget Ordinance #2025-656, 
seconded by Councilman Stone, 
roll call vote: 
Councilman Alex Espinosa -         Yes               
Councilman Timothy Howe -         Yes                   
Councilman Reed Stone -   
Yes 
Councilwoman Becky Harrison -   Yes       
                                      
 
ACTION ITEM: Water and Wastewater Connection Fee Study 
 
The Mayor informed Council that the City’s connection fees have been in place for a 
long time. To better understand how Rigby compares to other municipalities, he has 
reached out to neighboring cities. The Mayor and Mr. Bradley also contacted Keller and 
Associates to conduct a formal study, so that any future decision to adjust fees will be 
based on verified data and analysis. 
 
Councilman Stone made the motion to Accept the agreement for professional 
services between the City of Rigby and Keller and Associates for a study for the 
water and Wastewater Connection Fee not to exceed the $39,280, seconded by 
Councilwoman Harrison, 
roll call vote: 
Councilman Alex Espinosa -       Yes                 
Councilman Timothy Howe -       Yes                    
Councilman Reed Stone -           Yes 
Councilwoman Becky Harrison - Yes         
                                          
 
ACTION ITEM: Rigby Wastewater Facility Planning Study 5th West Amendment 
 
Mr. Bradley explained that the City is receiving increased interest in annexation on the 
west side of town. Currently, each new development in that area installs its own lift 
station. The proposed study would help identify a central location for a single lift station 
that could serve multiple future builds, reducing redundancy and improving efficiency. 
 
Counilman Espinosa made the motion to Accept the Professional Services 
between the City of Rigby and Keller and Associates for a Study for Wastewater 
Facility Planning on 5th West Not to Exceed $14,080, seconded by Councilwoman 
Harrison, 
roll call vote: 
Councilman Reed Stone -   
Yes 
Councilman Timothy Howe -         Yes                  
Councilman Alex Espinosa -         Yes               
Councilwoman Becky Harrison -  Yes

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ACTION ITEM: Ordinance # 2025-657 Urban Renewal Termination of the District 
 
Mayor Datwyler explained that the Urban Renewal District in Rigby will terminate at the 
end of the calendar year. In order to formally close the District, the City must adopt an 
ordinance authorizing its closure. He clarified that while the District itself is ending, the 
Urban Renewal Agency will remain in place. 
 
Councilwoman Harrison made the motion to Adopt Ordinance #2025-657, 
seconded by Councilman Howe, 
roll call vote: 
Councilwoman Becky Harrison -   Yes       
Councilman Alex Espinosa -         Yes               
Councilman Timothy Howe -         Yes                  
Councilman Reed Stone -   
Yes 
       
                                         
 
ACTION ITEM: Consider Approval for TVI to Manage US Bank Investments 
 
TVI serves as an Investment Coordinator. The City of Rigby currently holds 
approximately 86 separate investments, and tracking all the associated maturity dates 
has become increasingly difficult. To improve oversight and streamline management, 
the City has reached out to TVI for assistance in coordinating and managing a larger 
portion of its investment portfolio. 
 
Councilman Howe made the motion to Approve for TVI to Manage the US Bank 
Investments, seconded by Councilman Stone, 
roll call vote: 
Councilwoman Becky Harrison -  Yes        
Councilman Alex Espinosa -         Yes              
Councilman Timothy Howe -         Yes                   
Councilman Reed Stone -   
Yes 
       
                                         
 
ACTION ITEM: Proclamation for Suicide Prevention Month 
 
Mayor Datwyler read the Proclamation for Suicide Prevention Month

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 ACTION ITEM: Executive Session pursuant to Idaho Code § 74-206(1)(b) to 
consider the performance evaluation of city employees 
 
 
Councilman Stone made the motion to Enter into Executive Session to Consider 
Performance Evaluation of City Employees, seconded by Councilman Espinosa, 
 All present voted “Aye”. None Opposed. Motion was Adopted 
 
Time Out: 9:03PM 
Time In: 9:15PM          
                                         
 
  ACTION ITEM: Council Discussion/Decision on Executive Session 
 
 
 
Councilman Stone made the motion to Award the Public Works Director, the Chief 
of Police and The Treasurer/City Clerk for a 5% Salary Raise, seconded by 
Councilman Espinosa, 
roll call vote: 
Councilman Timothy Howe -         Yes                   
Councilman Alex Espinosa -         Yes              
Councilwoman Becky Harrison -   Yes       
Councilman Reed Stone –  
Yes 
                                                                                         
 
 
Action Item- Adjournment  
 
 
Councilwoman Harrison motioned to Adjourn, seconded by Councilman Stone,  
All present voted “Aye”. None Opposed. Motion was Adopted. 
 
 
 
 
APPROVED__________________________________  
                       Richard Datwyler, Mayor 
 
 
Attest__________________________ 
            Kiesha Keller, City Clerk

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