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City Council

Regular Meeting

Idaho Falls, ID · June 9, 2016

AgendaMinutes

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. 1 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. 2 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 3 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 4 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 5 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 6 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 7 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: 8 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. 9 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 10

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 item was not included in the original Agenda posting. City Council Meetings are live streamed at www.idahofallsidaho.gov, 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). Page 2 of 6 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. Page 3 of 6 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. Page 4 of 6 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) Page 5 of 6 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. Page 6 of 6

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