City Council
Regular MeetingIdaho Falls, ID · June 9, 2016
Minutes
JUNE 9, 2016
The City Council of the City of Idaho Falls met in Regular Council Meeting, Thursday, June 9, 2016, 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 L. Noah Casper
Councilmember David M. Smith
Councilmember John B. Radford
Councilmember Michelle Ziel-Dingman
Councilmember Barbara Ehardt
Councilmember Ed Marohn
Absent:
Councilmember Thomas Hally
Also present:
Randy Fife, City Attorney
Kathy Hampton, City Clerk
All available Department Directors
Mayor Casper invited Dave Coffey, Deputy Fire Chief of Operations, to come forward and lead those present in the
Pledge of Allegiance.
Mayor Casper requested any public comment not related to items on the agenda. No one appeared.
Presentation:
Fire Chief Dave Hanneman appeared for River Rescue Honors. He stated a total of 16 Fire Department personnel
were involved in the recent rescue operations and introduced staff in attendance; Lance Johnson-Battalion Chief,
Brian Moncur-Captain, Matt Hardy-Firefighter, Matt Call-Firefighter, and Jess Morgan-Firefighter. He also
introduced two (2) of the victims, Jose Gomez and his four (4)-year old son, Jose Gomez Junior, stating the
remaining two (2) victims, Dennis Davey and his son Jacob Davey also four (4) years old, were unable to attend the
presentation. Chief Hanneman stated on May 24, 2016, Mr. Davey’s boat, containing the four (4) victims capsized
in the Snake River near Memorial Drive and Broadway. Several Fire Department, Police Department, and Sheriff’s
Office units were dispatched to the scene. It was known upon arrival that Jacob Davey was trapped in debris
underneath the boat. Mr. Gomez, Jose Jr., and Mr. Davey were rescued from the water by departments’ staff. All
victims were transported by Emergency Medical Services (EMS) to Eastern Idaho Regional Medical Center
(EIRMC) for treatment of hypothermia as the water temperature was approximately 50 degrees. Once Jacob was
extricated, Battalion Chief Johnson immediately began CPR as Jacob had been under water for approximately 15-
20 minutes and had no heartbeat. He was then transported by awaiting EMS to EIRMC. Chief Hanneman stated
persons who normally have no heartbeat for 6-10 minutes will generally not regain a heartbeat, however, those who
experience a cold-water drowning have a better chance of survival. He stated younger children have a better of
survival as well. Due to the described life-saving measures, Jacob is expected to have a full recovery. Chief
Hanneman once again recognized those who participated in the river rescue. A standing ovation followed. Chief
Hanneman then re-introduced Jose Gomez. Mr. Gomez briefly recalled the events and expressed his appreciation to
the Fire Department staff. Mayor Casper believes the continual first responder training improves response time for
such emergencies. She also expressed her appreciation to the Fire Department staff.
Consent Agenda Items:
Idaho Falls Power (IFP) requested approval of Bonneville Power Administration (BPA) Contract Revision No. 4 to
Exhibit D.
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JUNE 9, 2016
The City Clerk requested approval of the Expenditure Summary for the month of May, 2016.
FUND TOTAL EXPENDITURE
General Fund $958,535.25
Street Fund 135,133.43
Recreation Fund 37,529.85
Library Fund 67,987.78
Municipal Equipment Replacement Fund (MERF) 283,058.98
Electric Light Public Purpose Fund 66,353.79
Business Improvement District 12,500.00
Golf Fund 92,908.47
Self-Insurance Fund 93,066.35
Street Capital Improvement Fund 10,000.00
Traffic Light Capital Improvement Fund 1,964.36
Airport Fund 93,479.34
Water and Sewer Fund 334,279.44
Sanitation Fund 3,551.81
Ambulance Fund 45,408.68
Electric Light Fund 3,643,098.42
Payroll Liability Fund 2,660,532.68
TOTAL $8,539,388.63
The City Clerk requested approval of minutes from the April 15 & 16, 2016, Strategic Planning Session, May 9,
2016, Joint Meeting with Ammon Officials, May 12, 2016, Idaho Falls Power Board Meeting, and May 12, 2016,
Regular Council Meeting.
The City Clerk requested approval of license applications, all carrying the required approvals.
It was moved by Councilmember Marohn, seconded by Councilmember Smith, to approve all items on the Consent
Agenda according to recommendations presented. Roll call as follows: Aye – Councilmembers Ehardt, Marohn,
Radford, Smith, Dingman. Nay – none. Motion carried.
Regular Agenda Items:
Municipal Services Department submitted the following item for Council consideration:
Subject: Bid IF-16-20, Purchase and Removal of House
It is the recommendation of Idaho Falls Power and Municipal Services Departments to accept the sole bid from
Greg Rainey to purchase and remove a house located on City property in the amount of $1,500.00. Idaho Falls
Power purchased the property located at 2017 East Iona Road to be used for a future substation site location. The
buyer of the house will arrange to have Lemon’s House Moving move the house by September 30, 2016.
Councilmember Marohn stated this property is located along the North Loop transmission line project on the east
side of town. It was critical to obtain this property to proceed on the planned route for development of transmission
lines and substation as the property includes water rights and a well. In 2012, an appraisal was completed for one
(1) acre of the property. However, the owner, through negotiation process, agreed to sell all five (5) acres which the
City purchased in 2014. The decision was made to discontinue maintenance on the property, therefore a bid process
was extended to allow the sale of the house. After several weeks of being advertised, only one (1) bid, from Greg
Rainey, was received.
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JUNE 9, 2016
It was moved by Councilmember Marohn, seconded by Councilmember Radford, to accept the sole bid from Greg
Rainey in the amount of $1,500.00 to purchase and remove a house located at 2017 East Iona Road to be used for
future substation site location, and authorize the Mayor and City Clerk to sign any necessary documents. Roll call
as follows: Aye – Councilmembers Dingman, Smith, Marohn, Ehardt, Radford. Nay – none. Motion carried.
Parks and Recreation submitted the following items for Council consideration:
Subject: Cemetery Plots Resolution
For your consideration is a resolution to create protocol in alignment with recently passed protocol by Idaho State
Legislature which allows for the more efficient distribution of unused cemetery plots. The resolution has been
reviewed and approved by the City Attorney.
Councilmember Radford stated this Resolution will not be effective until July 1, 2016.
It was moved by Councilmember Radford, seconded by Councilmember Marohn, to approve the resolution creating
protocol for the efficient distribution of unused cemetery plots, and give authorization for the Mayor and City Clerk
to sign the necessary documents. Roll call as follows: Aye – Councilmembers Marohn, Dingman, Ehardt, Radford,
Smith. Nay – none. Motion carried.
Subject: Primary Stock Contract – War Bonnet Roundup Rodeo
For your consideration is the Primary Stock Contractor Agreement with Dakota Rodeo for the War Bonnet
Roundup Rodeo in an estimated amount of approximately $50,000.00. This one (1) event agreement has been
reviewed and approved by the City attorney.
Councilmember Radford stated the actual costs will be determined by the number of rodeo events. It is anticipated
costs related to the rodeo will be funded through rodeo sponsors and ticket sales.
It was moved by Councilmember Radford, seconded by Councilmember Marohn, to approve Primary Stock
Contractor Agreement for the War Bonnet Roundup Rodeo with Dakota Rodeo in an estimated amount of
approximately $50,000 and give authorization for the Mayor and City Clerk to sign the necessary documents. Roll
call as follows: Aye – Councilmembers Smith, Dingman, Radford, Ehardt, Marohn. Nay – none. Motion carried.
Public Works submitted the following items for Council consideration:
Subject: Idaho Transportation Department State/Local Agreement – 12th Street Idaho Canal Bridge Project
For your consideration is a State/Local Development Agreement with the Idaho Transportation Department and
accompanying Resolution with respect to the 12th Street Idaho Canal Bridge project. This agreement stipulates that
$7,000.00 be forwarded as deposit against the City match with the signed agreement if approved. This agreement
has been reviewed by the City Attorney.
It was moved by Councilmember Ehardt, seconded by Councilmember Dingman, to adopt the resolution, approve
the State/Local Development Agreement for the 12th Street Idaho Canal Bridge project, and give authorization for
the Mayor and City Clerk to sign the necessary documents. Roll call as follows: Aye – Councilmember Marohn,
Radford, Dingman, Smith, Ehardt. Nay – none. Motion carried.
RESOLUTION 2016-17
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JUNE 9, 2016
WHEREAS, THE IDAHO TRANSPORTATION DEPARTMENT, HEREAFTER, CALLED THE STATE, HAS
SUBMITTED AN AGREEMENT STATING OBLIGATIONS OF THE STATE AND THE CITY OF IDAHO
FALLS, HEREAFTER CALLED THE CITY, FOR DEVELOPMENT OF 12TH STREET IDAHO CANAL
CULVERT.
Subject: Idaho Transportation Department State/Local Agreement – South Boulevard Corridor Rectangular Rapid
Flashing Beacons (RRFB)
For your consideration is a State/Local Development Agreement with the Idaho Transportation Department and
accompanying Resolution with respect to the South Boulevard Corridor Rectangular Rapid Flashing Beacons
project. This agreement stipulates that the City will administer the construction and inspection services in lieu of
the customary fund match of 7.34%. This agreement has been reviewed by the City Attorney.
Public Works Director Chris Fredericksen stated the rapid flashing beacons will be installed at Birch Street, near
the D Street underpass as well as 9th Street. The project will be completed with accepted safety improvement funds.
He believes the current beacons have been well received in the community.
It was moved by Councilmember Ehardt, seconded by Councilmember Dingman, to adopt the resolution, approve
the State/Local Development Agreement for the South Boulevard Corridor Rectangular Rapid Flashing Beacons
project, and give authorization for the Mayor and City Clerk to sign the necessary documents. Roll call as follows:
Aye – Councilmember Ehardt, Radford, Smith, Marohn, Dingman. Nay – none. Motion carried.
RESOLUTION 2016- 19
WHEREAS, THE IDAHO TRANSPORTATION DEPARTMENT, HEREAFTER, CALLED THE STATE, HAS
SUBMITTED AN AGREEMENT STATING OBLIGATIONS OF THE STATE AND THE CITY OF IDAHO
FALLS, HEREAFTER CALLED THE CITY, FOR CONSTRUCTION OF S. BOULEVARD CORRIDOR RRFB
LIGHTS.
Subject: Idaho Transportation Department State/Local Agreement – Lomax Street and F Street Flashing Stop Signs
For your consideration is a State/Local Development Agreement with the Idaho Transportation Department and
accompanying Resolution with respect to the Lomax Street and F Street Flashing Stop Signs project. This
agreement stipulates that the City will administer the construction and inspection services in lieu of the customary
fund match of 7.34%. This agreement has been reviewed by the City Attorney.
Director Fredericksen stated this project is utilizing federal funding as a safety improvement to install LED (light-
emitting diode) lights on three (3) stop signs located on F Street (Capital/Park Avenue/Shoup) as well as three (3)
stop signs located on Lomax Street (Freeman/Wabash/Fanning). Solar power is being utilized where possible to
reduce any ongoing costs.
It was moved by Councilmember Ehardt, seconded by Councilmember Dingman, to adopt the resolution, approve
the State/Local Development Agreement for the Lomax Street and F Street Flashing Stop Signs project, and give
authorization for the Mayor and City Clerk to execute the necessary documents. Roll call as follows: Aye –
Councilmember Radford, Ehardt, Smith, Marohn, Dingman. Nay – none. Motion carried.
RESOLUTION 2016- 20
WHEREAS, THE IDAHO TRANSPORTATION DEPARTMENT, HEREAFTER, CALLED THE STATE, HAS
SUBMITTED AN AGREEMENT STATING OBLIGATIONS OF THE STATE AND THE CITY OF IDAHO
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JUNE 9, 2016
FALLS, HEREAFTER CALLED THE CITY, FOR CONSTRUCTION OF LOMAX AND F STREET
FLASHING STOP SIGNS.
Subject: Right-of-Way Use Agreement – ExteNet
For your consideration is a proposed Right-of-Way Use Agreement for ExteNet to install fiber optics in public
right-of-way. The agreement was prepared by the City Attorney and has been reviewed by Idaho Falls Power.
Councilmember Ehardt stated due to State regulations, a franchise agreement would not apply. Idaho Falls Power
Compliance and Engineering Manager Richard Malloy stated the agreement allows services within the right-of-
way, including provisions to allow the City to reserve space within said right-of-way. This agreement is for
underground use.
It was moved by Councilmember Ehardt, seconded by Councilmember Dingman, to approve the Right-of-Way Use
Agreement for ExteNet and give authorization for the Mayor and City Clerk to execute the necessary documents
and give authorization for the Mayor and City Clerk to execute the necessary documents. Roll call as follows: Aye
– Councilmember Marohn, Dingman, Ehardt, Radford, Smith. Nay – none. Motion carried.
Idaho Falls Power submitted the following items for Council consideration:
Subject: Approve Pole Attachment License Agreement with ExteNet Systems, Inc
Idaho Falls Power (IFP) has received a request from ExteNet Systems Inc. to attach communication infrastructure
to power poles. IFP has a Federal Communications Commission (FCC)-approved template for licensing agreements
that will be applied to the ExteNet request. This template will be adopted for all pole attachment requests and, in
fact, Idaho Falls Power is currently negotiating agreements with three (3) other companies.
Councilmember Smith stated this agreement is for above the ground use and height of pole placement will be
determined by the attached cables.
It was moved by Councilmember Smith, seconded by Councilmember Marohn, to approve the Pole Attachment
License Agreement with ExteNet Systems Inc., and authorize the Mayor to execute the necessary documents. Roll
call as follows: Aye – Councilmember Ehardt, Marohn, Radford, Smith, Dingman. Nay – none. Motion carried.
Subject: Bid Award - Gem State Right Dike Drain Replacement Project
For your consideration is the bid tabulation for the Gem State Right Dike Drain Replacement Project. The right
dike is part of the engineered earthen structure of the Gem State dam. This project will replace the single wall ADS
pipe between manholes 1 and 2 on the right dike, where the pipe has collapsed. This project is in the Capital
Improvement Plan and in the FY16 budget.
Engineer’s Estimate 3H Construction LLC
$163,912.00 $159,227.00
It was moved by Councilmember Smith, seconded by Councilmember Ehardt, to approve the design and award the
bid to the lowest responsive, responsible bidder, 3H Construction LLC, in the amount of $159,227.00, and give
authorization for the Mayor and City Clerk to sign any necessary documents. Roll call as follows: Aye –
Councilmember Dingman, Radford, Marohn, Smith, Ehardt. Nay – none. Motion carried.
Subject: Approve a Resolution to Procure Services for the Upper Plant Boat Ramp Replacement Project on the
Open Market
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JUNE 9, 2016
Idaho Falls Power solicited bids to replace the boat ramp near the Upper Plant this fall while the sedimentation
removal project is in progress. No bids were received. The project was included in the Capital Improvement Plan
and the FY16 budget. Given the lack of bids, staff requests permission to negotiate services for the project on the
open market.
It was moved by Councilmember Smith, seconded by Councilmember Ehardt, to approve the resolution to
authorize staff to procure services for the Upper Plant Boat Ramp Replacement Project on the open market, and
give authorization for the Mayor and City Clerk to sign the necessary documents. Roll call as follows: Aye –
Councilmember Radford, Ehardt, Smith, Marohn, Dingman. Nay – none. Motion carried.
RESOLUTION NO. 2016-21
A RESOLUTION OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE
STATE OF IDAHO, TO PROCURE SERVICES FOR THE UPPER PLANT BOAT RAMP REPLACEMENT ON
THE OPEN MARKET; AND PROVIDING THAT THIS RESOLUTION BE EFFECTIVE UPON ITS PASSAGE,
APPROVAL, AND PUBLICATION ACCORDING TO LAW.
Legal Department submitted the following item for Council consideration:
Subject: Resolution of City’s Records Retention Schedule
For your consideration is a Resolution which follows recent changes made by the Idaho Legislature regarding City
records retention. The Legislature has changed some of the definitions and requirements relative to reproducing,
retaining, and managing public records. The most significant change allows cities, under certain circumstances, to
maintain a copy of a City record in a photographic, digital, or other non-paper medium. The resolution contains a
definition of “ephemera”, which addresses transitory, non-permanent records which do not normally constitute
something likely to have intrinsic value or constitute something that the City would keep in the normal course of
City business.
Attorney Fife reviewed the length of time required to retain public records including historical, permanent, and
semi-permanent. He indicated prior to destroying records, a resolution must be passed to address records by type.
He stated “ephemera” includes ‘post-it’ or similar notes which are only used as a utility to create the document.
Records will be reviewed between the City Clerk’s Office and the City Attorney’s Office to ensure proper records
are retained per State Code.
It was moved by Councilmember Ehardt, seconded by Councilmember Marohn, to adopt the resolution regarding a
City Records Retention Schedule and authorize the Mayor and City Clerk to sign the necessary documents. Roll
call as follows: Aye – Councilmember Smith, Dingman, Ehardt, Marohn, Radford. Nay – none. Motion carried.
RESOLUTION NO. 2016-22
A RESOLUTION OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE
STATE OF IDAHO, PROVIDING A DEFINITION OF CITY RECORDS AND THE CLASSIFICATION AND
RENTENTION OF CERTAIN PUBLIC RECORDS PURSUANT TO IDAHO CODE AND COUNCIL POLICY;
AND PROVIDING THAT THIS RESOLUTION BE EFFECTIVE UPON ITS PASSAGE, APPROVAL, AND
PUBLICATION ACCORDING TO LAW.
Community Development Services submitted the following items for Council consideration:
Subject: Request for Waiver of Electric Line Extension Fees
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JUNE 9, 2016
For your consideration is a request for waiver of the Electric Line Extension Fee for the Springhill Suites project
located at 660 River Walk Drive. The fees requested for waiver total $54,579.55. This request is made pursuant to
City Code 8-5-31 which states, "Council reserves the right to waive or adjust fees (other than net metering fees)
upon a finding of good cause to do so where such waiver or reduction supports redevelopment or the annexation of
property contiguous with or surrounded by the City.” The site under consideration is part of an urban renewal
district and is an area that is redeveloping. Staff recommends approval of the waiver.
Councilmember Dingman stated this waiver process began in January, 2016.
Community Development Services Director Brad Cramer stated this is the second request for this waiver. Waiver
requests will only be presented to Council upon recommendation by Community Development Services staff.
It was moved by Councilmember Dingman, seconded by Councilmember Smith, to approve the waiver of the
Electric Line Extension Fee for the Springhill Suites project located at 660 River Walk Drive. Roll call as follows:
Aye – Councilmember Smith, Radford, Dingman, Ehardt, Marohn. Nay – none. Motion carried.
Subject: Community Development Block Grant (CDBG) 2015 Consolidated Annual Performance and Evaluation
Report (CAPER) Resolution
For your consideration is the resolution approving the 2015 CDBG CAPER. The CAPER was reviewed by the
Council at the May 12, 2016, meeting. No comments were received during the public comment period.
Councilmember Dingman stated approval of the resolution is the final step in the mandated process for the CDBG
CAPER.
It was moved by Councilmember Dingman, seconded by Councilmember Smith, to approve the Community
Development Block Grant 2015 Consolidated Annual Performance and Evaluation Report Resolution and give
authorization for the Mayor and City Clerk to sign the necessary documents. Roll call as follows: Aye –
Councilmember Dingman, Smith, Marohn, Ehardt, Radford. Nay – none. Motion carried.
RESOLUTION NO. 2016-23
RESOLUTION OF THE CITY OF IDAHO FALLS ADOPTING THE FY2015 ANNUAL REPORT
CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER) FOR THE
COMMUNITY DEVELOPMENT BLOCK GRANT.
Subject: Annexation and Initial Zoning of HC- 1, Annexation Ordinance, Zoning Ordinance, and Reasoned
Statements of Relevant Criteria and Standards, M&B: 5.66 Acres, SE ¼, Section 8, T 2N, R 38E
For your consideration is the application for Annexation and Initial Zoning of HC-1, Annexation Ordinance,
Zoning Ordinance, and Reasoned Statements of Relevant Criteria and Standards, M&B: 5.66 Acres, SE ¼, Section
8, T 2N, R 38E. The Planning and Zoning Commission considered this item at its May 3, 2016, meeting and
recommended approval by unanimous vote. Staff concurs with this recommendation.
Mayor Casper opened the public hearing and ordered all staff reports and presentation materials be entered into the
record.
Director Cramer appeared with the following:
Slide 1: Property under consideration in surrounding zoning use
Slide 2: Future Land Use Map of the Comprehensive Plan
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JUNE 9, 2016
Slide 3: Aerial photo of property under consideration
Slide 4: Additional aerial photo of property under consideration
Director Cramer stated the southern portion of this property has been receiving City services of water and sewer,
since 1989.
Slide 5: Photo of property frontage along Yellowstone Avenue
Slide 6: Photo looking northwest across property
Slide 7: Photo looking northeast along trailer park driveway
Slide 8: Photo looking at undeveloped portion of property to the north
Mayor Casper invited any public comments.
Kevin Murray, Idaho Falls, appeared in lieu of the applicant. Mr. Murray stated this property has been purchased by
the owners of State Trailer Supply and was annexed at an earlier time. The parcel is adjacent to current zoning. It is
unknown of the power supply source.
Mayor Casper closed the public hearing.
Councilmember Dingman stated curb, gutter, and sidewalk improvements will be required for the frontage of the
property as development occurs.
It was moved by Councilmember Dingman, seconded by Councilmember Smith, to approve the Ordinance
annexing M&B: 5.66 Acres, SE ¼, Section 8, T 2N, R 38E, 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 –
Councilmembers Smith, Dingman, Radford, Ehardt, Marohn. Nay – none. Motion carried.
At the request of Mayor Casper, the City Clerk read the Ordinance by title only:
ORDINANCE NO. 3070
AN ORDINANCE ANNEXING APPROXIMATELY 5.66 ACRES LOCATED NORTH OF YELLOWSTONE
HIGHWAY AND WEST OF 15TH EAST 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; ESTABLISHING A COMPREHENSIVE PLAN
DESIGNATION, AND PROVIDING SEVERABILITY, PUBLICATION BY SUMMARY, AND
ESTABLISHING EFFECTIVE DATE.
It was moved by Councilmember Dingman, seconded by Councilmember Smith to approve the Reasoned Statement
of Relevant Criteria and Standards for the annexation for M&B: 5.66 Acres, SE ¼, Section 8, T 2N, R 38E, and
give authorization for the Mayor to execute the necessary documents. Roll call as follows: Aye – Councilmembers
Marohn, Radford, Dingman, Smith, Ehardt. Nay – none. Motion carried.
It was moved by Councilmember Dingman, seconded by Councilmember Smith to approve the Ordinance
assigning a Comprehensive Plan Designation of HC-1 (Highway Commercial) Zone and establishing the initial
zoning for M&B: 5.66 Acres, SE ¼, Section 8, T 2N, R 38E, as “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 – Councilmembers Ehardt, Radford, Smith, Marohn,
Dingman. Nay – none. Motion carried.
At the request of Mayor Casper, the City Clerk read the Ordinance by title only:
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JUNE 9, 2016
ORDINANCE NO. 3071
AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE
STATE OF IDAHO; PROVIDING FOR THE INITIAL ZONING OF APPROXIMATELY 5.66 ACRES
DESCRIBED IN EXHIBIT A OF THIS ORDINANCE AS HC-1 ZONE; AND PROVIDING SEVERABILITY,
PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE.
It was moved by Councilmember Dingman, seconded by Councilmember Smith, to approve the Reasoned
Statement of Relevant Criteria and Standards for the Initial Zoning of HC-1 Zone for M&B: 5.66 Acres, SE ¼,
Section 8, T 2N, R 38E, and give authorization for the Mayor to execute the necessary documents. Roll call as
follows: Aye – Councilmembers Radford, Ehardt, Smith, Marohn, Dingman. Nay – none. Motion carried.
Subject: Annexation and Initial Zoning of R-1, Annexation Ordinance, Zoning Ordinance, and Reasoned
Statements of Relevant Criteria and Standards, Heritage Park
For your consideration is the application for Annexation and Initial Zoning of R-1, Annexation Ordinance, Zoning
Ordinance, and Reasoned Statements of Relevant Criteria and Standards for Heritage Park. The Planning and
Zoning Commission considered this item at its May 3, 2016, meeting and recommended approval by unanimous
vote. Staff concurs with this recommendation.
Mayor Casper opened the public hearing and ordered all staff reports and presentation materials be entered into the
record.
Director Cramer appeared with the following, stating the City is the applicant.
Slide 1: Property under consideration in surrounding zoning use
Director Cramer stated there is a small parcel in this location which is not under City ownership and therefore is not
being annexed. At this time the property owner of said parcel is unknown. There is also a small section, considered
the bank of the Snake River, which would include State involvement for annexation. It was recommended by the
City Surveyor to delay contacting the State until other river concerns could be addressed as well.
Slide 2: Future Land Use Map of the Comprehensive Plan
Slide 3: Aerial photo of property under consideration
Slide 4: Additional aerial photo of property under consideration
Slide 5: Photo looking southeast across property
Slide 6: Photo looking east across Snake River of IFP Power Plant
Slide 7: Photo looking south toward Sunnyside Road
Slide 8: Photo looking west across Snake River at property
Slide 9: Photo looking west across site
Slide 10: Additional photo looking west across Snake River at property
Director Cramer stated the islands in close proximity can eventually be annexed into City.
Mayor Casper invited any public comments.
Due to the City being the owner through land donation, there was no public comment.
Mayor Casper closed the public hearing.
Councilmember Dingman stated this is a very early step in the process related to the zoning for development of a
City park while maintaining consistency with the Comprehensive Plan.
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JUNE 9, 2016
It was moved by Councilmember Dingman, seconded by Councilmember Smith, to approve the Ordinance
annexing Heritage Park, 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 – Councilmembers Ehardt, Marohn, Radford,
Smith, Dingman. Nay – none. Motion carried.
At the request of Mayor Casper, the City Clerk read the Ordinance by title only:
ORDINANCE NO. 3072
AN ORDINANCE ANNEXING APPROXIMATELY 9.41 ACRES LOCATED NORTH OF SUNNYSIDE
ROAD, WEST OF THE SNAKE RIVER AND EAST OF SNAKE RIVER PARKWAY 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;
ESTABLISHING A COMPREHENSIVE PLAN DESIGNATION, AND PROVIDING SEVERABILITY,
PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE.
It was moved by Councilmember Dingman, seconded by Councilmember Smith, to approve the Reasoned
Statement of Relevant Criteria and Standards for the annexation for Heritage Park, and give authorization for the
Mayor to execute the necessary documents. Roll call as follows: Aye – Councilmembers Dingman, Radford,
Marohn, Smith, Ehardt. Nay – none. Motion carried.
It was moved by Councilmember Dingman, seconded by Councilmember Smith, to approve the Ordinance
assigning a Comprehensive Plan Designation of R-1 (Residence) Zone and establishing the initial zoning for
Heritage Park as “Parks, Recreation”, 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 – Councilmembers Radford, Ehardt, Smith, Marohn, Dingman. Nay – none.
Motion carried.
At the request of Mayor Casper, the City Clerk read the Ordinance by title only:
ORDINANCE NO. 3073
AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE
STATE OF IDAHO; PROVIDING FOR THE INITIAL ZONING OF APPROXIMATELY 9.41 ACRES
DESCRIBED IN EXHIBIT A OF THIS ORDINANCE AS R-1 ZONE; AND PROVIDING SEVERABILITY,
PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE.
It was moved by Councilmember Dingman, seconded by Councilmember Smith, to approve the Reasoned
Statement of Relevant Criteria and Standards for the Initial Zoning of R-1 Zone for Heritage Park, and give
authorization for the Mayor to execute the necessary documents. Roll call as follows: Aye – Councilmembers
Smith, Dingman, Ehardt, Marohn, Radford. Nay – none. Motion carried.
There being no further business, it was moved by Councilmember Radford, seconded by Councilmember Marohn,
to adjourn the meeting at 8:37 p.m. which motion passed following a unanimous vote.
s/ Kathy Hampton s/ Rebecca L. Noah Casper
CITY CLERK MAYOR
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Agenda
CITY COUNCIL MEETING
Thursday, June 9, 2016
7:30 p.m.
CITY COUNCIL CHAMBERS
680 Park Avenue
Idaho Falls, Id 83402
Thank you for your interest in City Government. If you wish to express your thoughts on a matter listed below, it is best to
contact Councilmembers by email or personally before the meeting. Be aware that an amendment to this Agenda may be
made upon passage of a motion that states the reason for the amendment and the good faith reason that the Agenda
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then archived on the city website. If you need communication aids or services or other physical accommodations to
participate or access this meeting please contact City Clerk Kathy Hampton at 612-8414 or the ADA Coordinator Lisa Farris
at 612-8323 as soon as possible and they will make an effort to accommodate your needs.
1. Call to Order.
2. Pledge of Allegiance.
3. Public Comment. Members of the public are invited to address the City Council regarding matters
that are not on the Agenda or already noticed for a public hearing. When you address the Council, please state
your name and address for the record and please limit your remarks to three (3) minutes. The Mayor may
exercise discretion to decide if and when to allow public comment on an agenda item that does not include a
public hearing. If the Mayor determines your comments may be made later in the meeting, she will let you
know when you may make your comments. Please note that matters currently pending before the Planning
Commission or Board of Adjustment which may be the subject of a pending enforcement action, or which are
relative to a City personnel matter are not suitable for public comment.
4. Presentation. River Rescue Honors.
5. Consent Agenda. Any item may be removed from the Consent Agenda at the request of any member
of the Council for separate consideration.
A. Item from Idaho Falls Power:
1) Bonneville Power Administration (BPA) Contract Revision No. 4 to Exhibit D.
B. Items from the City Clerk:
1) Approval of Expenditure Summary for the month of May, 2016.
2) Approval of Minutes from the April 15 & 16, 2016, Strategic Planning Session, May 9, 2016,
Joint Meeting with Ammon Officials, May 12, 2016, Idaho Falls Power Board Meeting, and May
12, 2016, Regular Council Meeting.
3) Approval of License Applications, all carrying the required approvals.
RECOMMENDED ACTION: To approve all items on the Consent Agenda according to the
recommendations presented.
6. Regular Agenda.
A. Municipal Services
1) Bid IF-16-20, Purchase and Removal of House: It is the recommendation of Idaho Falls Power
and Municipal Services Departments to accept the sole bid from Greg Rainey to purchase and
remove a house located on City property in the amount of $1,500.00. Idaho Falls Power purchased
the property located at 2017 East Iona Road to be used for a future substation site location.
RECOMMENDED ACTION: To accept the sole bid from Greg Rainey in the amount of $1,500.00 to
purchase and remove a house located at 2017 East Iona Road to be used for future substation site
location, and authorize the Mayor and City Clerk to sign any necessary documents (or take other
action deemed appropriate).
B. Parks and Recreation
1) Cemetery Plots Resolution: For your consideration is a resolution to create protocol in
alignment with recently passed protocol by Idaho State Legislature which allows for the more
efficient distribution of unused cemetery plots. The resolution has been reviewed and approved
by the City Attorney.
RECOMMENDED ACTION: To approve the resolution creating protocol for the efficient
distribution of unused cemetery plots, and give authorization for the Mayor and City Clerk to sign
the necessary documents (or take other action deemed appropriate).
2) Primary Stock Contract – War Bonnet Roundup Rodeo: For your consideration is the Primary
Stock Contractor Agreement with Dakota Rodeo for the War Bonnet Roundup Rodeo in an
estimated amount of approximately $50,000.00. This one (1) event agreement has been reviewed
and approved by the City attorney.
RECOMMENDED ACTION: To approve the Primary Stock Contractor Agreement for the War
Bonnet Roundup Rodeo with Dakota Rodeo in an estimated amount of approximately $50,000.00,
and give authorization for the Mayor and City Clerk to sign the necessary documents (or take other
action deemed appropriate).
C. Public Works
1) Idaho Transportation Department State/Local Agreement – 12th Street Idaho Canal Bridge
Project: For your consideration is a State/Local Development Agreement with the Idaho
Transportation Department and accompanying Resolution with respect to the 12th Street Idaho
Canal Bridge project. This agreement stipulates that $7,000.00 be forwarded as deposit against the
City match with the signed agreement if approved. This agreement has been reviewed by the City
Attorney.
RECOMMENDED ACTION: To adopt the resolution, approve the State/Local Development
Agreement for the 12th Street Idaho Canal Bridge project, and give authorization for the Mayor and
City Clerk to sign the necessary documents (or take other action deemed appropriate).
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2) Idaho Transportation Department State/Local Agreement – South Boulevard Corridor
Rectangular Rapid Flashing Beacons: For your consideration is a State/Local Development
Agreement with the Idaho Transportation Department and accompanying Resolution with respect
to the South Boulevard Corridor Rectangular Rapid Flashing Beacons project. This agreement
stipulates that the City will administer the construction and inspection services in lieu of the
customary fund match of 7.34%. This agreement has been reviewed by the City Attorney.
RECOMMENDED ACTION: To adopt the resolution, approve the State/Local Development
Agreement for the South Boulevard Corridor Rectangular Rapid Flashing Beacons project, and give
authorization for the Mayor and City Clerk to sign the necessary documents (or take other action
deemed appropriate).
3) Idaho Transportation Department State/Local Agreement – Lomax Street and F Street
Flashing Stop Signs: For your consideration is a State/Local Development Agreement with the
Idaho Transportation Department and accompanying Resolution with respect to the Lomax Street
and F Street Flashing Stop Signs project. This agreement stipulates that the City will administer the
construction and inspection services in lieu of the customary fund match of 7.34%. This agreement
has been reviewed by the City Attorney.
RECOMMENDED ACTION: To adopt the resolution, approve the State/Local Development
Agreement for the Lomax Street and F Street Flashing Stop Signs project, and give authorization
for the Mayor and City Clerk to sign the necessary documents (or take other action deemed
appropriate).
4) Right-of-Way Use Agreement – ExteNet: For your consideration is a proposed Right-of-Way
Use Agreement for ExteNet to install fiber optics in public right-of-way. The agreement was
prepared by the City Attorney and has been reviewed by Idaho Falls Power.
RECOMMENDED ACTION: To approve the Right-of-Way Use Agreement for ExteNet and give
authorization for the Mayor and City Clerk to sign the necessary documents (or take other action
deemed appropriate).
D. Idaho Falls Power
1) Approve Pole Attachment License Agreement with ExteNet Systems, Inc.: Idaho Falls Power
(IFP) has received a request from ExteNet Systems Inc. to attach communication infrastructure to
power poles. IFP has a Federal Communications Commission (FCC)-approved template for licensing
agreements that will be applied to the ExteNet request. This template will be adopted for all pole
attachment requests and, in fact, Idaho Falls Power is currently negotiating agreements with three
other companies.
RECOMMENDED ACTION: To approve the Pole Attachment License Agreement with ExteNet
Systems Inc., and authorize the Mayor to execute the necessary documents (or take other action
deemed appropriate).
2) Bid Award - Gem State Right Dike Drain Replacement Project: For your consideration is the
bid tabulation for the Gem State Right Dike Drain Replacement Project. The right dike is part of the
engineered earthen structure of the Gem State dam. This project is in the Capital Improvement
Plan and in the FY16 budget.
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RECOMMENDED ACTION: To approve the design and award the bid to the lowest responsive,
responsible bidder, 3H Construction LLC, in the amount of $159,227.00, and give authorization for
the Mayor and City Clerk to sign any necessary documents (or take other action deemed
appropriate).
3) Approve a Resolution to Procure Services for the Upper Plant Boat Ramp Replacement
Project on the Open Market: Idaho Falls Power solicited bids to replace the boat ramp near the
Upper Plant this fall while the sedimentation removal project is in progress. No bids were received.
The project was included in the Capital Improvement Plan and the FY16 budget. Given the lack of
bids, staff requests permission to negotiate services for the project on the open market.
RECOMMENDED ACTION: To approve the resolution to authorize staff to procure services for the
Upper Plant Boat Ramp Replacement Project on the open market, and give authorization for the
Mayor and City Clerk to sign the necessary documents (or take other action deemed appropriate).
E. Legal Department
1) Resolution of City’s Records Retention Schedule: For your consideration is a Resolution which
follows recent changes made by the Idaho Legislature regarding City records retention. The
Legislature has changed some of the definitions and requirements relative to reproducing,
retaining, and managing public records including an allowance for some photographic, digital, and
other, non-paper records.
RECOMMENDED ACTION: To adopt the resolution regarding a City Records Retention Schedule
and authorize the Mayor and City Clerk to sign the necessary documents (or take other action
deemed appropriate).
F. Community Development Services
1) Request for Waiver of Electric Line Extension Fees: For your consideration is a request for
waiver of the Electric Line Extension Fee for the Springhill Suites project located at 660 River Walk
Drive. The fees requested for waiver total $54,579.55. This request is made pursuant to City Code
8-5-31 which states, "Council reserves the right to waive or adjust fees (other than net metering
fees) upon a finding of good cause to do so where such waiver or reduction supports
redevelopment or the annexation of property contiguous with or surrounded by the City.” The site
under consideration is part of an urban renewal district and is an area that is redeveloping. Staff
recommends approval of the waiver.
RECOMMENDED ACTION: To approve the waiver of the Electric Line Extension Fee for the
Springhill Suites project located at 660 River Walk Drive (or take other action deemed
appropriate).
2) Community Development Block Grant (CDBG) 2015 Consolidated Annual Performance and
Evaluation Report (CAPER) Resolution: For your consideration is the resolution approving the
2015 CDBG CAPER. The CAPER was reviewed by the Council at the May 12, 2016, meeting. No
comments were received during the public comment period.
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RECOMMENDED ACTION: To approve the Community Development Block Grant 2015
Consolidated Annual Performance and Evaluation Report Resolution and give authorization for the
Mayor and City Clerk to sign the necessary documents (or take other action deemed appropriate).
3) Public Hearing – Annexation and Initial Zoning of HC- 1, Annexation Ordinance, Zoning
Ordinance, and Reasoned Statements of Relevant Criteria and Standards, M&B: 5.66 Acres SE ¼,
Section 8, T 2N, R 38E: For your consideration is the application for Annexation and Initial Zoning
of HC-1, Annexation Ordinance, Zoning Ordinance, and Reasoned Statements of Relevant Criteria
and Standards, M&B: 5.66 Acres SE ¼, Section 8, T 2N, R 38E. The Planning and Zoning Commission
considered this item at its May 3, 2016, meeting and recommended approval by unanimous vote.
Staff concurs with this recommendation.
RECOMMENDED ACTIONS: (In sequential order)
a. To approve the Ordinance annexing M&B: 5.66 Acres SE ¼, Section 8, T 2N, R 38E, under the
suspension of the rules requiring three complete and separate readings and that it be read by
title and published by summary (or consider the Ordinance on the first reading and that it be
read by title, or reject the Ordinance).
b. To approve the Reasoned Statement of Relevant Criteria and Standards for the annexation
for M&B: 5.66 Acres SE ¼, Section 8, T 2N, R 38E, and give authorization for the Mayor to
execute the necessary documents.
c. To approve the Ordinance assigning a Comprehensive Plan Designation of HC-1 (Highway
Commercial) Zone and establishing the initial zoning for M&B: 5.66 Acres SE ¼, Section 8, T 2N,
R 38E, as “Commercial”, under the suspension of the rules requiring three complete and
separate readings and that it be read by title and published by summary (or consider the
Ordinance on the first reading and that it be read by title, or reject the Ordinance), 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.
d. To approve the Reasoned Statement of Relevant Criteria and Standards for the Initial
Zoning of HC-1 Zone for M&B: 5.66 Acres SE ¼, Section 8, T 2N, R 38E, and give authorization
for the Mayor to execute the necessary documents.
4) Public Hearing – Annexation and Initial Zoning of R-1, Annexation Ordinance, Zoning
Ordinance, and Reasoned Statements of Relevant Criteria and Standards, Heritage Park: For
your consideration is the application for Annexation and Initial Zoning of R-1, Annexation
Ordinance, Zoning Ordinance, and Reasoned Statements of Relevant Criteria and Standards for
Heritage Park. The Planning and Zoning Commission considered this item at its May 3, 2016,
meeting and recommended approval by unanimous vote. Staff concurs with this
recommendation.
RECOMMENDED ACTIONS: (In sequential order)
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a. To approve the Ordinance annexing Heritage Park, under the suspension of the rules
requiring three complete and separate readings and that it be read by title and published by
summary (or consider the Ordinance on the first reading and that it be read by title, or reject
the Ordinance).
b. To approve the Reasoned Statement of Relevant Criteria and Standards for the annexation
for Heritage Park, and give authorization for the Mayor to execute the necessary documents.
c. To approve the Ordinance assigning a Comprehensive Plan Designation of R-1 (Residence)
Zone and establishing the initial zoning for Heritage Park as “Parks, Recreation”, under the
suspension of the rules requiring three complete and separate readings and that it be read by
title and published by summary (or consider the Ordinance on the first reading and that it be
read by title, or reject the Ordinance), 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.
d. To approve the Reasoned Statement of Relevant Criteria and Standards for the Initial
Zoning of R-1 Zone for Heritage Park, and give authorization for the Mayor to execute the
necessary documents.
7. Motion to Adjourn.
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