City Council

JANUARY 25, 2016 The City Council of the City of Idaho Falls met in Special Council Meeting (Council Work Session), Monday, January 25, 2016, at the City Council Chambers in the City Annex Building located at 680 Park Avenue in Idaho Falls, Idaho at 3:00 p.m. There were present: Mayor Rebecca L. Noah Casper Councilmember Ed Marohn Councilmember Michelle Ziel-Dingman Councilmember Barbara Ehardt Councilmember Thomas Hally Councilmember John Radford Councilmember David Smith Also present: Chris Fredericksen, Public Works Director Brad Cramer, Community Development Services Director Lisa Farris, Grant Administrator Other available Department Directors and staff Randy Fife, City Attorney Kathy Hampton, City Clerk Mayor Casper called the meeting to order at 3:03 p.m. with Council Reports. Councilmember Hally recommended the Council review a recent article in the Post Register regarding foregone money. He had no items to report. Councilmember Marohn stated in conjunction with the Department of Defense there will be upcoming anniversary veteran’s celebration with two (2) events happening each year for the next three (3) years. Councilmember Smith had no items to report. Councilmember Ehardt had no items to report. Councilmember Ziel-Dingman stated she recently attended a conference regarding Civitans where Idaho Falls was recognized as one of the best cities to work with the Civitans. She also stated Idaho Falls will be hosting the 34th annual Bankruptcy Seminar in February, 2016. Councilmember Radford stated the Library Board will be presenting the Annual Report at the February 8, 2016, Work Session. He indicated the Library offers free training on Office software applications. Mayor Casper reported on the following: -City Officials Day at the Capital – January 28, 2016. Mayor Casper requested Council attention to specific bills regarding Minimum Wage, Cyber Security and Critical Infrastructure, and Urban Renewal. She stated information on legislature is provided from a variety of sources, including the Chamber of Commerce, Eastern Idaho Technical College (EITC), Association of Idaho Cities (AIC), and various Directors. -Snow removal – Mayor Casper requested any questions or concerns be directed to Director Fredericksen. She stated future public meetings will be held regarding snow removal policy and procedures for possible modifications. Director Fredericksen stated the on-average expense for each city-wide snow removal is approximately $250,000, while arterial snow removal is approximately $500,000 per season. -Chamber of Commerce – February 4, 2016, State of City reviews. -City Club – March 11, 2016, Cities and Citizenship as topic of discussion. -Strategic Planning – possibly in March or April. 1  JANUARY 25, 2016 -Museum of Idaho (MOI) – David Pennock reported the MOI recently experienced internal embezzlement but stated no funds from City donations were affected. -Personnel – Controller replacement will be in the near future. Melanie Marsh, Human Resources Director, has resigned due to personal reasons but will be available as needed prior to and during the transition of a new director. -Training – After brief discussion it was decided by the Council that any additional training will occur at the conclusion of scheduled Work Sessions. Public Works submitted the following item: Discussion of Franchise Agreement with Intermountain Gas Company: Director Fredericksen appeared and introduced Teri TeNgaio, District Manager for Intermountain Gas Company. Key changes to the proposed ordinance include: a 30-year agreement reduced to a 15-year agreement, the ability of Intermountain Gas to view permits and Digline notifications, confidentiality issues allowable by law, electronic mapping capability for boundary review, increase of general liability insurance provisions, inclusion of most favorite nations (which will protect the investment by Intermountain Gas), maintenance repairs performed by Intermountain Gas were increased from one (1) year to three (3) years, and annual payments and reports were changed to a quarterly basis. Mr. Fife stated an ordinance is required for the franchise and will be concurrent with the existing ordinance. General discussion followed. Director Fredericksen stated the Franchise Agreement Ordinance will be included on the January 26, 2016, Council Meeting. Community Development Services submitted the following item: Community Development Block Grant (CDBG) Allocations: Director Cramer stated the CDBG monies are to be utilized per criteria and guidelines of Housing and Urban Development (HUD). Ms. Farris stated selection criteria is as follows: Must meet 1 of 3 HUD National Objectives: 1) Benefit LMI (Low to Moderate Income) clients 2) Prevent/eliminate conditions of slum/blight 3) Meet an urgent need Must be a HUD Eligible Activity Must address 1 of 4 HUD Priorities: 1) Housing 2) Community Development 3) Economic 4) Public Service Meet the goals of City’s 2016-2020 CDBG Five Year Consolidated Plan and be Council and HUD approved for the CDBG Annual Action Plan. Director Cramer and Ms. Farris have reviewed all requests presented at the December 10, 2015, public hearing. After lengthy discussion, Council concurred with the following allocations which will be approved by Resolution at the January 26, 2016, Council Meeting: FY2016 CDBG Applicants Project Application Description Amount allocated Public Service 15% Max Partners for Prosperity Financial counseling for Idaho Falls LMI clients with group $8000 financial classes and soft skills/personal development training. Idaho Falls Legal Aid Legal Aid Assistance for victims of domestic violence. $7000 Bonneville Metropolitan Match of 7.34% for Transportation Grant requirement to access $0 2  JANUARY 25, 2016 Planning Organization (BMPO) Safe Routes to School grant of $50,000. CLUB, Inc. Presumed homeless Crisis Intervention (CIT) Case $12,000 management/support for crisis housing and related services. Eastern Idaho Community Legal Aid Assistance – Grandparents raising grandchildren $3000 Action Partnership (EICAP) Community Council of Idaho 1349 S. Holmes – Upgrade to Computer Lab to assist illiterate $0 adults and/or migrant farm workers seeking employment. Total Public Service Requests/Options $30,000 Slum/Blight 30% Max Idaho Falls Downtown Public Facility – Slum/Blight Area (SBA). Improvements include: $55,000 Development Corporation facades/awnings/roofs/signs/code. (IFDDC) LMI projects 70% Min Planning Department-Code Code Enforcement Program in (3) LMI Census Tract $71,342 Enforcement neighborhoods. City Public Works Department Public Facility & Improvement with Curb/Gutter and Sidewalk $42,000 Replacement-Phase III Bel Aire Subdivision City Public Works Department Public Facility & Improvement/Water Line Repairs LMI $0 neighborhoods LIFE, Inc. Single Unit Housing Rehab to improve ADA access for (5-7) $0 disabled individuals with ADA ramps/bathroom remodels Sr. Citizen Community Center Public Facility/Improvement Sr. Centers. Replace 2 A/C units $11,000 and accordion curtains in dining hall. Idaho Falls Rescue Mission Public Facilities & Improvements for Homeless Facilities $50,000 Ruth House and Ark Habitat for Humanity Idaho Acquisition and Disposition – Allocate funds to purchase and $15,000 Falls (HFHIF) demolish or rebuild (1) home located within the (3) US Census Tracts for an LMI family to purchase. Total LMI Project Requests & Total Options $244,342 Administration 20% Max Administer CDBG – Includes supplies, office equipment, training $68,586 and resources 2016 Total Amount Requested by Application $342,928 Council Training and Discussion: General Council Member Overview – Open Records, Conflicts, Ethics: Mr. Fife reminded the Council of the following: -All meetings should be open and decisions should be made in a publicly-noticed meeting. -Refrain from email meetings by avoiding ‘reply all’. -Conflicts of interest refer to any monetary gain whether personal or professional. -Any public business can be considered a record, always assume a request will be submitted for any record, including those in electronic format. -Refer to Codes, or Mr. Fife’s office, for any questions or concerns. Council Meeting Overview – Definition, Notice and Scheduling, Agenda Management, Format, Streaming: Mayor Casper reviewed the schedule of 2016 meetings. She stated meetings requiring a forum, including Council Meetings, Work Sessions, Executive Sessions, any other Special Sessions, and Idaho Falls Power Board Meetings are noticed by the City Clerk. Other Department or Committee meetings are noticed by the participating Department. Mayor Casper reviewed the content of Council Meetings versus Work Sessions and requested Council feedback regarding routine business items. Mr. Fife stated routine business items generally reserved for 3  JANUARY 25, 2016 Council Meetings could be handled at Work Sessions, however, he recommended the Council consider broadcasting such meetings. Councilmember Hally preferred to broadcast Council Meetings as well as Work Sessions. He believes it would increase flexibility to the agenda process. Councilmember Marohn preferred to gradually evolve Consent Agenda items to Work Sessions but believes Council should be able to approve items as needed. Councilmember Ehardt believes discussion of items should be available to the public. Councilmember Smith believes any action items should be broadcast. After further general discussion, it was decided the Council would prefer to broadcast Work Sessions at the minimal cost available. Mayor Casper reviewed the City Code with regard to Agenda Management which states Mayor establishes the Order of Business, realizing the goal is to facilitate the Council needs. She briefly reviewed the current process of items being placed on the agenda with regard to requests from Department Directors, Council President, and majority approval by the Council. General discussion followed. Planning Overview – Processes, Basic Elements, 2016 Goals: Director Cramer appeared and presented the following information: Why Plan?  To comply with Idaho law  To engage in dialogue with the public about their vision of the future of the community  To protect our health, our safety  To reduce public costs and maintain financial stability  To protect those features residents value  Maintain/improve quality of life Local Land Use Planning Act (LLUPA) – Statutory Purpose of Planning  To protect property rights while making accommodations for others  To ensure that adequate public facilities and services are provided at reasonable costs  To ensure that the economy is protected  To ensure that important environmental features are protected  To encourage the protection of prime agricultural, forestry and mining lands and land uses  To encourage urban development within cities  To avoid undue concentration of population and overcrowding  To ensure that land is developed commensurate with its physical characteristics  To protect against natural hazards  To protect natural resources  To avoid pollution  To allow school district to participate in the planning process Required planning process – As part of the planning process, a planning or zoning commission shall provide for citizen meetings, hearings, surveys, or other methods, to obtain advice on the planning process, plan, and implementation. The commission may also conduct informational meetings and consult with public officials and agencies, public utility companies, and civic, educational, professional, or other organizations. As part of the planning process, the commission shall endeavor to promote a public interest in and understanding of the commission's activities. 4  JANUARY 25, 2016 Requirements of the Comprehensive Plan – The plan shall consider previous and existing conditions, trends, compatibility of land uses, desirable goals and objectives, or desirable future situations for each planning component. 17 Required Components of the Comprehensive Plan:  Property Rights  Population  School Facilities  Economic Development  Land Use  Natural Resources  Hazardous Areas  Public Services, Facilities, and Utilities  Transportation  Recreation  Special Areas or Sites  Housing  Community Design  Agriculture  Implementation  National Interest Electric Transmission Corridors  Airport Comprehensive Planning Process includes Background Work, Planning Commission/Citizen Participation, and Policy and Map Development. How to Implement the Plan Relating Comprehensive Planning to Ordinances:  Public Input and Background Research  Comprehensive Plan  Ordinances Comprehensive Plan Policy: Develop a program to involve neighbors in the community development process early. Unresolved opposition to land use development projects does not help us move towards our goals nor does it provide a predicable environment for investment and growth. We need to develop a process to move to resolution of issues early in the development process. Possible Action to be Taken: Develop an ordinance to require a developer to hold a neighborhood meeting prior to application for consideration at Planning Commission or Council. Implementation Projects 2016 Projects:  Sign Ordinance Revisions  Area of City Impact  Zoning Ordinance Revisions  Downtown Planning Future Projects:  Neighborhood Plans  Area Planning  Zoning Ordinance Revisions Process and Procedures 5  JANUARY 25, 2016 Typical Applications  Annexations  Initial Zonings  Final Plats  Rezoning  Planned Unit Developments (PUD)  Conditional Use Permits (CUP) (Planned Transition Zones, RSC-1 Shopping Centers) Required Notification Process  Application review  Legal description reviewed for accuracy  Legal Notice prepared  Legal Notice published in newspaper 15 days prior to hearing  Notice sent to all property owners within 300 feet of the property  Notice posted on the property at least 1 week prior to hearing  Agenda posted 48 hours prior to hearing  Meeting held Plan Review Time  Planning Department and Public Works staff meets with applicant if requested  Plan submitted to Planning Division  Planning Division reviews within 48 hours of submittal  Plan is sent to Public Works for review  Public Works, Fire, and Idaho Falls Power review within 10 working days from submittal date  Plan with corrections returned to applicant  Applicant makes corrections Plan Review Turn-Around Time  New Commercial Buildings & Additions: 10 working days from the time of submission.*  Commercial Interior Remodels: 5 working days from the time of submission.*  Residential Plans: 5 working days form time of submission.* *Turn-around times are based on receiving complete information for review. Process  Annexation (Reason to have in City)  Comprehensive Plan Designation (General idea for section of City)  Zoning (Consider all uses)  Plat (Preliminary and Final)  Land Use Mr. Fife stated Annexation, Comprehensive Plan Designation, and Zoning are legislative actions. Zoning, Plat, and Land Use are Quasi-judicial actions. Director Cramer stated a preliminary plat, which is located in the county, has no rights and individual lots cannot be sold until the final plat is approved by the Council and recorded on the County level. There being no further business it was moved by Councilmember Marohn, seconded by Councilmember Smith, to move into Executive Session at 6:21 p.m., pursuant to the provision of Idaho Code Section 74- 206A(1)(c) to acquire an interest in real property which is not owned by a public agency and not reconvene into Work Session. Roll call as follows: Aye – Councilmembers Ehardt, Radford, Smith, Marohn, Dingman, Hally. Nay – None. Motion carried. The City Council of the City of Idaho Falls met in Special Council Meeting (Executive Session), Monday, January 25, 2016, at the City Council Chambers in the City Annex Building located at 680 Park Avenue in 6  JANUARY 25, 2016 Idaho Falls, Idaho at 6:21 p.m., pursuant to the provision of Idaho Code Section 74-206A(1)(c) to acquire an interest in real property which is not owned by a public agency. There were present: Mayor Rebecca L. Noah Casper Councilmember John Radford Councilmember Barbara Ehardt Councilmember Thomas Hally Councilmember David M. Smith Councilmember Ed Marohn Councilmember Michelle Ziel-Dingman Also present: Randy Fife, City Attorney Pamela Alexander, Municipal Services Director Kathy Hampton, City Clerk It was moved by Councilmember Marohn, seconded by Councilmember Radford, to move out of Executive Session and that the meeting adjourn at 6:46 p.m., which motion passed following a unanimous vote. CITY CLERK MAYOR 7