City Council

JULY 9, 2015 The City Council of the City of Idaho Falls met in Regular Council Meeting, Thursday, July 9, 2015, in the Council Chambers in the City Annex Building located at 680 Park Avenue in Idaho Falls, Idaho at 7:30 p.m. There were present: Mayor Rebecca Casper Councilmember Sharon D. Parry (by phone) Councilmember Barbara Ehardt Councilmember Tom Hally Councilmember David M. Smith Councilmember Ed Marohn Councilmember Michael Lehto Also present: Randy Fife, City Attorney Kathy Hampton, City Clerk All available Department Directors Mayor Casper invited Mark McBride, Idaho Falls Police Chief, to come forward and lead those present in the Pledge of Allegiance. Mayor Casper invited any public comments not related to items on the agenda. No one appeared. CONSENT AGENDA ITEMS: The City Clerk requested approval of Minutes from the June 22, 2015, Council Work Session. The City Clerk requested Council ratification for the publication of legal notices calling for public hearings on July 9, 2015. It was moved by Councilmember Marohn, seconded by Councilmember Lehto, to approve all items on the Consent Agenda. Roll call as follows: Aye: Councilmember Ehardt Councilmember Parry Councilmember Smith Councilmember Marohn Councilmember Lehto Councilmember Hally Nay: None Motion carried. REGULAR AGENDA ITEMS: The Public Works Department submitted the following item for Council consideration: MEMORANDUM 1  JULY 9, 2015 To: Honorable Mayor & City Council From: Chris H Fredericksen, Public Works Director Subject: PROFESSIONAL SERVICES AGREEMENT WITH URS ENERGY AND CONSTRUCTION INCORPORATED FOR THE 17TH STREET SAFETY AUDIT Attached for consideration is a professional services agreement with URS Energy & Construction, Incorporated to provide engineering services for the 17th Street Safety Audit. The Public Works Department has negotiated the attached agreement and fee in an amount not to exceed $79,000.00 and the City Attorney has reviewed the agreement. Public Works recommends approval of this agreement; and, authorization for Mayor and City Clerk to sign necessary documents. s/ Chris H Fredericksen Councilmember Ehardt stated this agreement is in conjunction with the Idaho Transportation Department (ITD) and will involve the section of 17th Street between Yellowstone Avenue and Hitt Road. It was moved by Councilmember Ehardt, seconded by Councilmember Lehto, to approve the agreement with URS Energy & Construction, Incorporated and fee not to exceed $79,000.00 and give authorization for Mayor and City Clerk to sign necessary documents. Roll call as follows: Aye: Councilmember Hally Councilmember Marohn Councilmember Parry Councilmember Lehto Councilmember Smith Councilmember Ehardt Nay: None Motion carried. The Municipal Services Department submitted the following items for Council consideration: MEMORANDUM To: Honorable Mayor and City Council From: Craig Rockwood, Municipal Services Director Subject: PURCHASE OF ASPHALT MIX The State of Idaho Transportation Department recently awarded the contract for Bituminous (Hot Asphalt) Plant Mix for 2015 – 2016 to H-K Contractors, Inc. Municipal Services respectfully requests authorization to purchase the City’s requirements for 3/4”, 1/2”, and 3/8” Hot Mix per the State Contract #ITB15000580. s/ Craig Rockwood 2  JULY 9, 2015 It was moved by Councilmember Marohn, seconded by Councilmember Smith, to authorize the purchase of the City’s requirements for 3/4”, 1/2”, and 3/8” Hot Mix per the State Contract #ITB15000580. Roll call as follows: Aye: Councilmember Smith Councilmember Hally Councilmember Lehto Councilmember Parry Councilmember Ehardt Councilmember Marohn Nay: None Motion carried. MEMORANDUM To: Honorable Mayor and City Council From: Craig Rockwood, Municipal Services Director Subject: RESOLUTION TO PURCHASE WAYFINDING AND MONUMENT SIGNAGE ON THE OPEN MARKET On June 22, 2015 bids were received and opened for the Wayfinding Signage and Monument project. The bids received had lump sum totals that significantly exceeded the budget for this project. Therefore, at the June 25, 2015 Regular Council Meeting, the Council rejected all of the bids. Please find the attached resolution to secure goods and services in the open market for design, fabrication, and installation of certain signs related to the City's Wayfinding plan. Municipal Services respectfully requests the City Council approve the resolution and authorize the Mayor to execute the documents. s/ Craig Rockwood It was moved by Councilmember Marohn, seconded by Councilmember Smith, to approve the resolution to secure goods and services in the open market for design, fabrication, and installation of certain signs related to the City’s Wayfinding plan and authorize the Mayor and City Clerk to execute the necessary documents. Roll call as follows: Aye: Councilmember Lehto Councilmember Smith Councilmember Marohn Councilmember Ehardt Councilmember Hally Councilmember Parry Nay: None Motion carried. 3  JULY 9, 2015 RESOLUTION NO. 2015-24 A RESOLUTION OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, AUTHORIZING STAFF TO SECURE GOODS AND SERVICES IN THE OPEN MARKET FOR DESIGN, FABRICATION, AND INSTALLATION OF CERTAIN SIGNS RELATED TO THE CITY'S WAYFINDING PLAN AND PROVIDING THAT THIS RESOLUTION BE EFFECTIVE UPON ITS PASSAGE, APPROVAL, AND PUBLICATION ACCORDING TO LAW. WHEREAS, the City has recently invited qualified persons and entities to bid on the fabrication and installation of signage and graphic elements to be used to execute a portion of the City's wayfinding and signage project; and, WHEREAS, a number of solicitations were received by interested bidders; and, WHEREAS, only two (2) bidders submitted a bid and response to bid IF-15-12A fabricating, install, signage, and graphic elements and to bid IF-15-12B design, fabricate, and install signage and graphic element monument; and, WHEREAS, the bidders tendered such bids in an amount far in excess of the total estimated budget for the project related to such bids; and, WHEREAS, the City does not wish to enter into an agreement with any bidder because all bids were in excess of the project's estimated value to the City; and WHEREAS, §Idaho Code 67-2806 (h) allows the City to reject all bids presented and allows the City to pass resolution declaring that the subject goods and services can be produced more economically on the open market; and WHEREAS, the paucity of bids submitted and the overage of those which were submitted clearly shows that these goods and/or services can be procured more economically on the open market. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF IDAHO FALLS, IDAHO, AS FOLLOWS: 1. Council declares that the goods and services contained in Bid IF-15-12A Fabricate and Install Signage and Graphic Elements and of Bid IF-15-12B Design, Fabricate and Install Signage and Graphic Element Monument can be procured more economically on the open market. 2. City staff is hereby directed to pursue such goods and services on the open market. ADOPTED and effective this 9th day of July, 2015. CITY OF IDAHO FALLS, IDAHO s/ Rebecca L. Noah Casper Rebecca L. Noah Casper, Mayor ATTEST: s/ Kathy Hampton Kathy Hampton, City Clerk 4  JULY 9, 2015 (SEAL) The Legal Department submitted the following item for Council consideration: MEMORANDUM To: Mayor Casper From: Randy Fife, City Attorney Subject: ORDINANCE AMENDING THE CITY CODE TO REFLECT CHANGES IN THE IDAHO CODE Recently, the Idaho Legislature consolidated laws related to the public records act, ethics in government, prohibitions against contracts with officers, and regulations regarding the Idaho Open Meetings Law by creating a new Idaho Code Title 74, called Transparent and Ethical Government. These changes became effective July 1, 2015, and, because there is a reference to the former Title 67, Chapter 23, in a portion of the Idaho Falls City Code, that reference has been changed in the draft ordinance to reflect changes made by the Idaho Legislature. The draft ordinance proposes that Idaho Falls City Code Section 1-6-3 be amended to refer to the Idaho Code and not to a specific section. The City Attorney’s office recommends consideration and adoption of the Ordinance amending the City Code to reflect changes in the Idaho Code by the Council. It was moved by Councilmember Ehardt, seconded by Councilmember Lehto, to adopt the Ordinance amending Idaho Falls City Code Section 1-6-3 to reflect changes in the Idaho Code under the suspension of the rules requiring three complete and separate readings and that it be read by title and published by summary. Roll call as follows: Aye: Councilmember Smith Councilmember Hally Councilmember Parry Councilmember Lehto Councilmember Ehardt Councilmember Marohn Nay: None Motion carried. At the request of Mayor Casper, the City Clerk read the Ordinance by title only, as follows: ORDINANCE NO. 3012 AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, AMENDING TITLE 1, CHAPTER 6, BY UPDATING A REFERENCE TO OPEN MEETINGS IN THE IDAHO CODE THAT HAS RECENTLY BEEN CHANGED BY THE STATE LEGISLATURE; PROVIDING SEVERABILITY, CODIFICATION, PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE. Mayor Casper announced one item from the Community Development Services Department, regarding Trumblee Acres, had been requested by the applicant to be recessed to a later date. 5  JULY 9, 2015 The Police Department submitted the following item for Council consideration: MEMORANDUM To: Rebecca Casper, Mayor From: Mark McBride, Chief of Police Subject: Special Assistant U.S. Attorney MOU The Police Department respectfully requests approval of the attached Memorandum of Understanding (MOU). This MOU creates an Eastern Idaho Partnership to provide funds to hire a Special Assistant United States Attorney (SAUSA) to prosecute federal matters within the federal court system. Chief McBride appeared to explain the SAUSA. Councilmember Hally indicated the State will fund 70% while the Eastern Idaho Partnership will fund the remaining 30%. Councilmember Lehto stated the City of Idaho Falls’ contribution will be less than $5000.00. After a brief discussion it was moved by Councilmember Hally, seconded by Councilmember Ehardt, to authorize the Mayor to sign the MOU creating a partnership with other eastern Idaho cities and counties to provide funds for hiring a Special Assistant United States Attorney. Roll call as follows: Aye: Councilmember Hally Councilmember Smith Councilmember Lehto Councilmember Ehardt Councilmember Marohn Councilmember Parry Nay: None Motion carried. The Community Development Services Department submitted the following items for Council consideration: MEMORANDUM To: Honorable Mayor and City Council From: Brad Cramer, Community Development Services Director Subject: APPROVAL OF QUITCLAIM DEED TO CONVEY PROPERTY TO IDAHO FALLS REDEVELOPMENT AGENCY The Idaho Falls Redevelopment Agency has requested property which includes a portion of Snake River Parkway and Utah Avenue be conveyed from the City of Idaho Falls to the Agency. The recently approved final plat for Eagle Ridge Division No. 3 includes the requested property as part of the dedicated right-of-way. However, because the City has fee title ownership of the property shown as right- of-way, the plat cannot be recorded and development of the property cannot begin until the property has been transferred to the developer. The intent of the Agency's request is to obtain the property and then immediately convey the property to the developer. The developer has already signed the plat dedicating the property as right-of-way. 6  JULY 9, 2015 Director Cramer appeared and explained roads are normally dedicated as right of ways to the city. In this particular case, the roadway was not dedicated but is owned by the city as a piece of land. However, due to policy, the city can convey the property to the Urban Renewal Agency. It was moved by Councilmember Lehto, seconded by Councilmember Marohn, to approve the Quitclaim Deed to convey property to the Idaho Falls Redevelopment Agency and authorize the Mayor to execute the documents. Roll call as follows: Aye: Councilmember Parry Councilmember Ehardt Councilmember Smith Councilmember Marohn Councilmember Lehto Councilmember Hally Nay: None Motion carried. MEMORANDUM To: Honorable Mayor and City Council From: Brad Cramer, Community Development Services Director Subject: ANNEXATION AND INITIAL ZONING OF HC-1, ANNEXATION AGREEMENT, ANNEXATION ORDINANCE, ZONING ORDINANCE, FINAL PLAT, AND REASONED STATEMENTS OF RELEVANT CRITERIA AND STANDARDS, NORTH HOLMES BUSINESS ROUTE, DIVISION NO. 1 Attached is the application for Annexation and Initial Zoning of HC-1, Annexation Agreement, Annexation Ordinance, Zoning Ordinance, Final Plat, and Reasoned Statements of Relevant Criteria and Standards, North Holmes Business Route, Division No. 1. The Planning and Zoning Commission considered this item at its June 2, 2015 meeting and recommended approval by unanimous vote. Staff concurs with this recommendation. The application is now being submitted to the Mayor and City Council for consideration. Mayor Casper opened the public hearing for this item. Director Cramer appeared and requested the slides, Planning and Zoning Commission minutes and staff report be entered into the record. Mayor Casper so ordered. Following is a list of exhibits used in connection with this request. Slide 1: Zoning map of property Slide 2: Aerial photo of vicinity map Slide 3: Additional aerial photo with surrounding land uses Slide 4: Additional aerial photo specifying the four (4) lots Slide 5: Comprehensive Plan Future Land Use map Slide 6: Image of Final Plat Slide 7: Photo looking west across the site under consideration Slide 8: Photo looking west toward northern end of site under consideration Mayor Casper requested any public comment. Boyd Jolley, 985 N. Capital, Idaho Falls, Idaho, appeared. He indicated these lots will be used for commercial development. Mr. Jolley stated he is currently in communication with the Public Works Department staff regarding the infrastructure of these specific lots. 7  JULY 9, 2015 Councilmember Parry requested and received clarification from Director Cramer regarding the storm drainage system. Mayor Casper closed the hearing. It was moved by Councilmember Lehto, seconded by Councilmember Marohn, to approve the Annexation Agreement for North Holmes Business Route, Division No. 1, and give authorization for the Mayor and City Clerk to execute the necessary documents. Roll call as follows: Aye: Councilmember Parry Councilmember Ehardt Councilmember Hally Councilmember Smith Councilmember Marohn Councilmember Lehto Nay: None Motion carried. It was moved by Councilmember Lehto, seconded by Councilmember Marohn, to approve the Ordinance annexing North Holmes Business Route, Division No. 1, under the suspension of the rules requiring three complete and separate readings and that it be read by title and published by summary. Roll call as follows: Aye: Councilmember Ehardt Councilmember Parry Councilmember Smith Councilmember Marohn Councilmember Lehto Councilmember Hally Nay: None Motion carried. At the request of Mayor Casper, the City Clerk read the Ordinance by title only, as follows: ORDINANCE NO. 3013 AN ORDINANCE ANNEXING CERTAIN LANDS TO THE CITY OF IDAHO FALLS; DESCRIBING SUCH LANDS; AMENDING THE CITY MAP; AMENDING THE LEGAL DESCRIPTION OF THE CITY WITH THE APPROPRIATE COUNTY AND STATE AUTHORITIES; AND PROVIDING SEVERABILITY, PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE. It was moved by Councilmember Lehto, seconded by Councilmember Marohn, to approve the Reasoned Statement of Relevant Criteria and Standards for the annexation of North Holmes Business Route, Division No. 1, and give authorization for the Mayor to execute the necessary documents. Roll call as follows: Aye: Councilmember Hally Councilmember Marohn 8  JULY 9, 2015 Councilmember Parry Councilmember Lehto Councilmember Smith Councilmember Ehardt Nay: None Motion carried. It was moved by Councilmember Lehto, seconded by Councilmember Marohn, to approve the Ordinance assigning a Comprehensive Plan Designation of Higher Education Center and establishing the initial zoning for North Holmes Business Route, Division No. 1, as HC-1 (General Commercial), under the suspension of the rules requiring three complete and separate readings and that it be read by title and published by summary, that the Comprehensive Plan be amended to include the area annexed herewith, and that the City Planner be instructed to reflect said annexation, zoning, and amendment to the Comprehensive Plan on the Comprehensive Plan and Zoning Maps located in the Planning Office. Roll call as follows: Aye: Councilmember Smith Councilmember Hally Councilmember Lehto Councilmember Parry Councilmember Ehardt Councilmember Marohn Nay: None Motion carried. At the request of Mayor Casper, the City Clerk read the Ordinance by title only, as follows: ORDINANCE NO. 3014 AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO; ASSIGNING A COMPREHENSIVE PLAN DESIGNATION OF HIGHER EDUCATION CENTER; PROVIDING FOR THE INITIAL ZONING OF APPROXIMATELY 2.321 ACRES DESCRIBED IN SECTION 1 OF THIS ORDINANCE AS HC-1 ZONE; AND PROVIDING SEVERABILITY, PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE. It was moved by Councilmember Lehto, seconded by Councilmember Marohn, to approve the Reasoned Statement of Relevant Criteria and Standards for the Initial Zoning of HC-1 General Commercial Zoning for North Holmes Business Route, Division No. 1, and give authorization for the Mayor to execute the necessary documents. Roll call as follows: Aye: Councilmember Marohn Councilmember Lehto Councilmember Ehardt Councilmember Hally Councilmember Parry Councilmember Smith 9  JULY 9, 2015 Nay: None Motion carried. It was moved by Councilmember Lehto, seconded by Councilmember Marohn, to accept the Final Plat for North Holmes Business Route, Division No. 1, and give authorization for the Mayor, City Engineer, and City Clerk to sign said Final Plat. Roll call as follows: Aye: Councilmember Lehto Councilmember Smith Councilmember Marohn Councilmember Ehardt Councilmember Hally Councilmember Parry Nay: None Motion carried. It was moved by Councilmember Lehto, seconded by Councilmember Marohn, to approve the Reasoned Statement of Relevant Criteria and Standards for the Final Plat for North Holmes Business Route, Division No. 1, and give authorization for the Mayor to execute the necessary documents. Roll call as follows: Aye: Councilmember Smith Councilmember Hally Councilmember Parry Councilmember Lehto Councilmember Ehardt Councilmember Marohn Nay: None Motion carried. It was moved by Councilmember Lehto, seconded by Councilmember Parry, to recess the Public Hearing – Annexation with Initial Zoning of R-1, Annexation and Zoning Ordinances, Development Agreement, Final Plat, and Reasoned Statements of Relevant Criteria and Standards, Trumblee Acres, Division No. 1 to the August 13, 2015 Regular Council Meeting. Roll call as follows: Aye: Councilmember Ehardt Councilmember Marohn Councilmember Hally Councilmember Parry Councilmember Smith Councilmember Lehto Nay: None 10  JULY 9, 2015 Motion carried. MEMORANDUM To: Honorable Mayor and City Council From: Brad Cramer, Community Development Services Director Subject: PLANNED UNIT DEVELOPMENT AND REASONED STATEMENT OF RELEVANT CRITERIA AND STANDARDS FOR A MEDICAL OFFICE, LOT 10, BLOCK 13, ST. CLAIR ESTATES DIVISION NO. 13, 4TH AMENDED Attached is the application for Planned Unit Development and Reasoned Statement of Relevant Criteria and Standards for a Medical Office, Lot 10, Block 13, St. Clair Estates Division No. 13, 4th Amended. The Planning and Zoning Commission considered this item at its June 2, 2015 meeting and recommended approval by unanimous vote. Staff concurs with this recommendation. The application is now being submitted to the Mayor and City Council for consideration. Mayor Casper opened the public hearing for this item. Director Cramer appeared and requested the slides, Planning and Zoning Commission minutes and staff report be entered into the record. Mayor Casper so ordered. Following is a list of exhibits used in connection with this request. Slide 1: Zoning map of property Slide 2: Aerial photo of vicinity map Slide 3: Site view of property Slide 4: Site plan Slide 5: Photo from north property line Slide 6: Photo along Potomac Way Slide 7: Photo of southern property line Mayor Casper requested any public comment. No one appeared. Councilmember Parry expressed her concern regarding the parking areas with this property. Director Cramer indicated the requirement of five (5) parking stalls per 1000 square feet of building space is being followed. Mayor Casper closed the hearing. It was moved by Councilmember Lehto, seconded by Councilmember Marohn, to approve the Planned Unit Development for a Medical Office, Lot 10, Block 13, St. Clair Estates Division No. 13, 4th Amended. Roll call as follows: Aye: Councilmember Hally Councilmember Marohn Councilmember Parry Councilmember Lehto Councilmember Smith Councilmember Ehardt Nay: None Motion carried. It was moved by Councilmember Lehto, seconded by Councilmember Marohn, to approve the Reasoned Statement of Relevant Criteria and Standards for the Planned Unit Development and Reasoned 11  JULY 9, 2015 Statement of Relevant Criteria and Standards for a Medical Office, Lot 10, Block 13, St. Clair Estates Division No. 13, 4th Amended, and give authorization for the Mayor to execute the necessary documents. Roll call as follows: Aye: Councilmember Smith Councilmember Hally Councilmember Lehto Councilmember Parry Councilmember Ehardt Councilmember Marohn Nay: None Motion carried. Mayor Casper stated the Regular Council Meeting scheduled for July 23, 2015 will be cancelled due to lack of quorum. It was moved by Councilmember Marohn, seconded by Councilmember Ehardt, that the meeting adjourn at 8:20 p.m. which motion passed by the following: Aye: Councilmember Marohn Councilmember Lehto Councilmember Ehardt Councilmember Hally Councilmember Parry Councilmember Smith Nay: None Motion carried. _____________________________________ _______________________________________ CITY CLERK MAYOR 12