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City Council

Regular Meeting

Idaho Falls, ID · July 14, 2016

AgendaMinutes

Minutes

JULY 14, 2016 The City Council of the City of Idaho Falls met in Regular Council Meeting, Thursday, July 14, 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: Councilmember Ed Marohn Councilmember Michelle Ziel-Dingman Councilmember Barbara Ehardt Councilmember Thomas Hally Councilmember John Radford Absent: Mayor Rebecca L. Noah Casper Councilmember David Smith Also present: Randy Fife, City Attorney Kathy Hampton, City Clerk All available Department Directors Mayor Pro Tem Hally invited Greg Weitzel, Parks and Recreation Director, to come forward and lead those present in the Pledge of Allegiance. It was moved by Councilmember Dingman, seconded by Councilmember Ehardt, to withdraw Community Development Services item 5.G.3. Extension to Record a Final Plat, Hollipark Addition, Division No. 3, from the agenda. Roll call as follows: Aye – Councilmembers Dingman, Marohn, Ehardt, Hally, Radford. Nay – none. Motion carried. Mayor Pro Tem Hally requested any public comment not related to items on the agenda. No one appeared. Consent Agenda Items: Idaho Falls Power requested a Maintenance Obligations and Ownership Agreement with Bonneville Power Administration. The City Clerk requested approval of Expenditure Summary for the month of June, 2016. FUND TOTAL EXPENDITURE General Fund $1,029,126.40 Street Fund 80,560.11 Recreation Fund 92,593.69 Library Fund 24,475.49 Municipal Equipment Replacement Fund (MERF) 267,115.87 Electric Light Public Purpose Fund 66,448.62 Golf Fund 85,855.76 Self-Insurance Fund 42,488.65 Municipal Capital Improvement Fund 22,966.00 Street Capital Improvement Fund 23,881.79 Traffic Light Capital Improvement Fund 37,460.99 Airport Fund 809,185.10 Water and Sewer Fund 1,052,961.50 Sanitation Fund 4,509.73 Ambulance Fund 44,904.28 Electric Light Fund 4,070,859.47 1 JULY 14, 2016 Payroll Liability Fund 1,827,958.88 TOTAL $9,583,352.33 The City Clerk requested approval of Treasurer’s Report for the month of June, 2016. The City Clerk requested approval of Minutes from the May 26, 2016, Idaho Falls Power Board Meeting, June 6, 2016, Council Work Session, June 9, 2016, Regular Council Meeting, June 20, 2016, Regular Council Meeting, and June 29, 2016, Council Work Session (Parks Reports). The City Clerk requested approval of License Applications, all carrying the required approvals. It was moved by Councilmember Marohn, seconded by Councilmember Ehardt, to approve all items on the Consent Agenda according to the recommendations presented. Roll call as follows: Aye – Councilmembers Ehardt, Radford, Marohn, Dingman, Hally. Nay – none. Motion carried. Regular Agenda Items: Municipal Services Department submitted the following items for Council consideration: Subject: Bid IF-16-1 Sole Source Purchase, Schlage Brand Integrated Security Locks for City Facilities The Municipal Services Department requests authorization to advertise the City's intent to make a sole source procurement following a 14-day period, as per I.C. § 67-2808, and then to issue a purchase order for Schlage brand name locks, cylinders, keys and electrified access control products in the amount of $96,771.00, once the advertisement has been completed. Schlage is the only manufacturer that has the ability to integrate with the City's existing access security system. The City selected Schlage brand name products a number of years ago based on the manufacturer’s ability to provide patented key systems to protect against unauthorized key duplication, manufacturing and distribution of key blanks. If approved, a purchase order will be issued to Architectural Building Supply (ABS), the only authorized distributor in the area and located in Idaho Falls, Idaho. Funding for the access security hardware is included the 2015/16 department budgets identified below. City Hall, Annex and Spares General Fund $14,425.00 Fire Department General Fund 21,670.00 Street Department Street/Sanitation Fund 3,231.00 Water Department Water Fund 57,445.00 Total $96,771.00 It was moved by Councilmember Marohn, seconded by Councilmember Ehardt, to advertise the City's intent to make a sole source procurement following a 14-day period, as per I.C. § 67-2808, and then to issue a purchase order for Schlage brand name locks, cylinders, keys and electrified access control hardware products in the amount of $96,771.00. Roll call as follows: Aye – Councilmembers Radford, Ehardt, Hally, Marohn, Dingman. Nay – none. Motion carried. Subject: Bid Award IF-16-034-City Hall ADA Door It is the recommendation of the Municipal Services Department to accept the lowest responsive, responsible bid from River's West Construction, Inc. in the amount of $23,848.00. This amount includes the required payment and performance bonds amount. This project will remodel the City Hall west entrance to allow for ADA access and will follow drawing set#20616-A1.0 and E1.1 prepared by Alderson Karst & Mitro Architects, P.A. Funding for this project will be from the 2015/16 Municipal Services General Services General Building Repair and Maintenance operating budget. 2 JULY 14, 2016 It was moved by Councilmember Marohn, seconded by Councilmember Ehardt, to accept the lowest responsive, responsible bid from River's West Construction, Inc. in the amount of $23,848.00, to remodel the City Hall west entrance to allow for ADA access, and authorize the Mayor and City Clerk to sign any necessary documents. Roll call as follows: Aye – Councilmembers Ehardt, Marohn, Hally, Radford, Dingman. Nay – none. Motion carried. Subject: Bid IF-16-K, Hot Asphalt Plant Mix It is the recommendation of the Public Works and the Municipal Services Departments to piggyback the Idaho Department of Transportation's contract #ITB16000705 with H-K Contractors, Inc. The supplier will furnish the required annual Bituminous (Hot Asphalt) Plant Mix for $44.95 per ton of 3/4" and 1/2" hot mix and $49.95 per ton of 3/8" Hot Mix. For the contract period of July 1, 2015, through June 30, 2016, the Street Division ordered 1,921.43 tons of hot mix totaling $96,170.50. Funding to purchase the supplies are included in the Public Works 2015/16 and 2016/17 operating budgets. It was moved by Councilmember Marohn, seconded by Councilmember Ehardt, to piggyback the Idaho Department of Transportation's contract with H-K Contractors to furnish the required annual Hot Asphalt Plant Mix for an amount totaling $96,170.50. Roll call as follows: Aye – Councilmembers Marohn, Dingman, Ehardt, Hally, Radford. Nay – none. Motion carried. Public Works submitted the following items for Council consideration: Subject: Bid Award – Well 18 Production Well On June 21, 2016, bids were received and opened for the Well 18 Production Well project. Public Works recommends approval of the plans and specifications, award to the lowest responsive, responsible bidder, O’Keefe Drilling Company, Inc., in an amount of $171,577.00. Councilmember Ehardt stated this additional well will not affect the City water rights as water is based on total consumption, not the number of wells. It was moved by Councilmember Ehardt, seconded by Councilmember Dingman, to approve of the plans and specifications, award to the lowest responsive, responsible bidder, O’Keefe Drilling Company, Inc., an amount of $171,577.00 for the Well 18 Production Well project, and, give authorization for the Mayor and City Clerk to execute the necessary documents. Roll call as follows: Aye – Councilmembers Dingman, Radford, Marohn, Hally, Ehardt. Nay – none. Motion carried. Subject: Bid Award – Well 19 Drilling On June 21, 2016, bids were received and opened for the Well 19 Drilling project. Public Works recommends approval of the plans and specifications, award to the lowest responsive, responsible bidder, O’Keefe Drilling Company, Inc., in an amount of $188,551.00. It was moved by Councilmember Ehardt, seconded by Councilmember Dingman, to approve of the plans and specifications, award to the lowest responsive, responsible bidder, O’Keefe Drilling Company, Inc., an amount of $188,551.00 for the Well 19 Drilling project, and, give authorization for the Mayor and City Clerk to sign the necessary documents. Roll call as follows: Aye – Councilmembers Radford, Ehardt, Marohn, Dingman, Hally. Nay – none. Motion carried. Subject: Bid Award – Water Meter Installation – 2016 3 JULY 14, 2016 On July 6, 2016, bids were received and opened for the Water Meter Installation – 2016 project. Public Works recommends approval of the plans and specifications, award to the lowest responsive, responsible bidder, 3H Construction LLC, in an amount of $160,896.00. It was moved by Councilmember Ehardt, seconded by Councilmember Dingman, to approve of the plans and specifications, award to the lowest responsive, responsible bidder, 3H Construction LLC, an amount of $160,896.00 for the Water Meter Installation – 2016 project, and, give authorization for the Mayor and City Clerk to execute the necessary documents. Roll call as follows: Aye – Councilmembers Hally, Dingman, Ehardt, Marohn, Radford. Nay – none. Motion carried. Subject: Professional Service Agreements (2) for Materials Testing with Strata For consideration are two (2) Professional Service Agreements for materials testing with Strata. The agreements, if approved, will be used by the Street and Water Divisions to ensure that construction within the public right-of-way adheres to City standards. These agreements have been reviewed by the City Attorney. Councilmember Ehardt indicated these agreements are to ensure specifications of water line installation are correct. It was moved by Councilmember Ehardt, seconded by Councilmember Dingman, to approve of the Professional Service Agreements for materials testing with Strata, and, give authorization for the Mayor and City Clerk to sign the contract documents. Roll call as follows: Aye – Councilmembers Hally, Radford, Dingman, Ehardt, Marohn. Nay – none. Motion carried. Subject: Professional Services Agreement for North Capital Avenue and Elm Street Road Safety Audit For consideration is a Professional Services Agreements for engineering services on the North Capital Avenue and Elm Street Road Safety Audit with Precision Engineering. Under the agreement, Precision Engineering will provide engineering services as necessary for a not-to-exceed amount of $35,800.00. The City will be responsible for $2,627.72, which is 7.34% of this amount. This agreement has been reviewed by the City Attorney. It was moved by Councilmember Ehardt, seconded by Councilmember Dingman, to approve of the Professional Services Agreement for engineering services with Precision Engineering, and, give authorization for the Mayor and City Clerk to sign the necessary documents. Roll call as follows: Aye – Councilmembers Dingman, Marohn, Ehardt, Hally, Radford. Nay – none. Motion carried. Parks and Recreation submitted the following item for Council consideration: Subject: Change Order #1 Rock Solid Landscape Design and Construction On July 2, 2015, a bid was awarded to Rock Solid Landscaping Design and Construction for construction of the Wayfinding Monument Sign. Due to design changes and additional services performed beyond the original scope of work, the Department of Parks and Recreation respectfully requests an increase in the contract amount of $35.396.37 bringing the original award of $79,583.00 to a total of $114,979.37, and requests authorization for the Mayor and City Clerk to accept the executed contract as written. Councilmember Radford stated this item is actually three (3) change orders compiled into one request. Parks and Recreation Director Greg Weitzel anticipates no additional change orders. It was moved by Councilmember Radford, seconded by Councilmember Hally, to approve Change Order #1 to Rock Solid Landscaping Design and Construction in an amount of $35.396.37, and authorize the Mayor and City Clerk to accept the executed contract as written. Roll call as follows: Aye – Councilmembers Marohn, Dingman, Hally, Radford. Nay – Councilmember Ehardt. Motion carried. 4 JULY 14, 2016 Idaho Falls Power submitted the following items for Council consideration: Subject: Ordinance Amending Sections of the City Code of Idaho Falls Pertaining to the Public Fiber Optic Network For consideration is an Ordinance amending sections of the City Code of Idaho Falls pertaining to the Public Fiber Optic Network. Following staff recommendations, the ordinance amending Title 8, Chapter 13 was prepared by the City Attorney's office. The proposed changes seek to clarify provisions associated with amortizing extension costs and the methodology for cost recovery. Councilmember Hally indicated this ordinance allows fiber customers a time frame for costs where the amount to be amortized does not exceed a cap allowance of $10,000. Idaho Falls Power Director Jackie Flowers stated the cap allowance is to limit exposure of extension costs. Other terms related to amortization will not change. She indicated this ordinance also streamlines the method of recouping costs, as well as minor administrative changes. It was moved by Councilmember Hally, seconded by Councilmember Marohn, to approve the Ordinance amending City Code Title 8, Chapter 13, pertaining to the Public Fiber Optic Network 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 Hally, Dingman, Radford, Ehardt, Marohn. Nay – none. Motion carried. At the request of Mayor Pro Tem Hally, the City Clerk read the ordinance by title only: ORDINANCE NO. 3075 AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, AMENDING TITLE 8, CHAPTER 13 OF THE IDAHO FALLS, IDAHO, CITY CODE TO CLARIFY CONDITIONS FOR SERVICE OF FIBER TO CUSTOMERS; FOR CUSTOMER COST RECOVERY AND AMORTIZATION; AND PROVIDING SEVERABILITY, CODIFICATION, PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE. Subject: Resolution to Reserve Fiber Pairs for Economic Development Projects in the City of Idaho Falls For consideration is a resolution reserving three (3) unused, dedicated fiber pairs from the City's dark fiber optic network for economic development projects in the City of Idaho Falls. Director Flowers stated staff has identified a reclamation plan to free up previously spliced pairs due to a service provided no longer in business. It was moved by Councilmember Hally, seconded by Councilmember Marohn, to approve the Resolution to reserve three (3) unused, dedicated fiber pairs for economic development projects in the City of Idaho Falls, and authorize the Mayor to sign the document. Roll call as follows: Aye – Councilmembers Hally, Marohn, Radford, Dingman, Ehardt. Nay – none. Motion carried. RESOLUTION NO. 2016-24 A RESOLUTION OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, TO RESERVE UNUSED, UNDEDICATED FIBER PAIRS FOR ECONOMIC DEVELOPMENT PROJECTS; AND PROVIDING THAT THIS RESOLUTION BE EFFECTIVE UPON ITS PASSAGE, APPROVAL, AND PUBLICATION ACCORDING TO LAW. Idaho Falls Airport submitted the following item for Council consideration: 5 JULY 14, 2016 Subject: Acceptance of Federal Aviation Administration (FAA) Grant Offer AIP Project No. 3-16-0018-041-2016 For your consideration is FAA Grant Offer AIP No. 3-16-0018-041-2016 in the amount of $1,064,269.00 for the Design Phase of the Rehabilitation of Taxiway A and C, Runway 2/20 and North Terminal Expansion projects. This grant represents 93.75% of FAA eligible costs, with the remaining costs funded by Airport budgeted resources. The Airport Department respectfully requests acceptance and authorization for the Mayor and City Attorney to execute said documents. Councilmember Radford indicated this grant will assist with luggage expansion as well as taxiway safety. He expressed his appreciation to Idaho Falls Airport Director Craig Davis for the cost savings of taxpayer dollars by the use of federal grants for airport improvements. It was moved by Councilmember Radford, seconded by Councilmember Ehardt, to accept FAA Grant Offer AIP No. 3-16-0018-041-2016 in the amount of $1,064,269.00 for the Design Phase of the Rehabilitation of Taxiway A and C, Runway 2/20 and North Terminal Expansion projects, and give authorization for the Mayor and City Attorney to execute said documents. Roll call as follows: Aye – Councilmembers Ehardt, Radford, Marohn, Dingman, Hally. Nay – none. Motion carried. Idaho Falls Police Department submitted the following item for Council consideration: Subject: Dog Control Ordinance For consideration is an amendment to the Dog Control Ordinance. The Dog Control Ordinance has references to kennels as a place; which is in conflict with current zoning ordinances. Zoning ordinance defines kennels as a use. To address this conflict, staff recommends replacing the City’s current kennel licensing with an additional dog permit. The amendment also provides for procedural due process to appeal a denial of an additional dog permit. The City Attorney has drafted an amendment to City Ordinance Title 5, Chapter 2. Although not advertised as a public hearing, Mayor Pro Tem Hally allowed public comments. Steve Barrara, 2713 Laguna Drive, Idaho Falls, appeared. Mr. Barrara stated it appears the proposed ordinance makes it easier for property owners to have up to five (5) dogs. He reviewed previous issues he has encountered with a neighbor and their barking dogs, and indicated the situation was only controlled for a short amount of time. He believes this proposed ordinance is more of an ease for the City, not the neighbors. Del Sprague, 1808 Alturas, Idaho Falls, appeared. Mr. Sprague stated it’s very difficult to deal with neighbors and their dogs. He is adamantly opposed to removing the neighborhood approval from the proposed ordinance. He reviewed issues he has encountered with previous neighbors. He does not agree with this proposed ordinance. Councilmember Radford shared similar concerns and believes the neighborhood should have a right to voice their opinion. Councilmember Dingman stated the laws and access to city permits should be equitable, and believes neighborhood input with regard to a City permit is not equitable as a neighbor is not required to give any specific reason if they vote against a permit. She reviewed the proposed permitting process, including the language clarifying a nuisance. She indicated the number of dogs isn’t always related to a nuisance. Police Chief Mark McBride stated there are current nuisance laws that are enforced when law enforcement is made aware of the situation(s). He stated this proposed ordinance allows due process. Councilmember Ehardt stated the intent of this proposed ordinance was for the Police Department and Community Development Services Department to be in compliance with the proper language of “Kennel”. She indicated the 6 JULY 14, 2016 number of dogs allowed has not been discussed at this time. She believes the neighborhood approval should be discontinued. Mr. Fife stated this proposed ordinance would give the authority to staff to approve any license or permit, not City residents. It was moved by Councilmember Dingman, seconded by Councilmember Marohn, to approve the Ordinance amending City Code Title 5, Chapter 2, Dog Control Ordinance, 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, Dingman. Nay – Councilmembers Radford, Hally, Marohn. Motion failed. Community Development Services submitted the following items for Council consideration: Subject: Request for Waiver of Electric Line Extension Fees, Lorin C. Anderson, Division No. 1, 3rd Amended For consideration is a request for waiver of electric line extension fees for the project at Lorin C. Anderson, Division No. 1, 3rd Amended. The total fees are $51,000. 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." This site is surrounded by City development and is near the core of the City rather than on the fringes. Sewer and water facilities are adjacent to the site. Because the site is a greenfield, or not previously developed, significant electrical infrastructure is required to support the development. Idaho Falls Power and Community Development staff are therefore recommending a waiver of the labor portion of the fee which totals $12,750. It was moved by Councilmember Dingman, seconded by Councilmember Hally, to waive the labor portion of electric line extension fees in the amount of $12,750 for the project at Lorin C. Anderson, Division No. 1, 3rd Amended. Roll call as follows: Aye – Councilmembers Marohn, Dingman, Ehardt, Hally, Radford. Nay – none. Motion carried. Subject: Extension to Record a Final Plat, Lorin C. Anderson, Division No. 1, 3rd Amended For consideration is a request to extend the deadline for recording a plat for Lorin C. Anderson, Division No. 1, 3rd Amended. The City Council approved the plat on March 24, 2016, and the Subdivision Ordinance requires that the plat be recorded within 90 days of approval or the Council may rescind its approval. The applicant is prepared to record the plat immediately following the granting of an extension. Staff recommends approval of the request to extend the deadline to record the plat an additional 90 days. It was moved by Councilmember Dingman, seconded by Councilmember Ehardt, to approve the request to extend the deadline for recording a final plat for Lorin C. Anderson, Division No. 1, 3rd Amended, for an additional 90 days. Roll call as follows: Aye – Councilmembers Ehardt, Marohn, Hally, Radford, Dingman. Nay – none. Motion carried. Subject: Annexation and Initial Zoning of HC-1, Annexation Ordinance, Zoning Ordinance, and Reasoned Statements of Relevant Criteria and Standards, M&B: 55.416 Acres, Sections 26, 27, 34, and 35, T 2N, R 37E (Jackson Hole Junction) For 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: 55.416 Acres, Sections 26, 27, 34, and 35, T 2N, R 37E (Jackson Hole Junction). The Planning and Zoning Commission considered this application at its June 7, 2016 meeting and recommended approval by unanimous vote. Staff concurs with this recommendation. 7 JULY 14, 2016 Mayor Pro Tem Hally opened the public hearing. Community Development Services Director Brad Cramer requested all staff items and presentations be entered into the record. It was so ordered by Mayor Pro Tem Hally. Slide 1: Property under consideration in surrounding zoning use Director Cramer stated this parcel includes the last portion of Sunnyside Road between Interstate-15 (I-15) and Hitt Road that has not been currently annexed into the City. This property was recently rezoned within Bonneville County from C-2 to HC-1 zone which he believes is a more appropriate zone for this property/location as it will allow a broad range of uses, excluding residential uses. Slide 2: Aerial photo of property under consideration Slide 3: Additional aerial photo of property under consideration Slide 4: Future Land Use Map of the Comprehensive Plan Slide 5: Photo looking north across the property Slide 6: Additional photo looking north across the property Slide 7: Photo looking west toward I-15 Slide 8: Photo looking south toward car dealership Slide 9: Photo looking south toward existing residences Director Cramer indicated staff is anxious for the annexation of this property. Mayor Pro Tem Hally invited any public comments. Clint Boyle, 901 Pier View Drive, Idaho Falls, appeared. Mr. Boyle, representative of the development team, stated numerous hours and properties have been consolidated for this project. He indicated collaboration has occurred with Idaho Transportation Department and City staff regarding roadway access locations along Sunnyside Road. Mayor Pro Tem Hally closed the public hearing. It was moved by Councilmember Dingman, seconded by Councilmember Ehardt, to approve the Ordinance annexing Jackson Hole Junction, 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 Hally, Dingman, Ehardt, Marohn, Radford. Nay – none. Motion carried. At the request of Mayor Pro Tem Hally, the City Clerk read the ordinance by title only: ORDINANCE NO. 3076 AN ORDINANCE ANNEXING CERTAIN LANDS TO THE CITY OF IDAHO FALLS; DESCRIBING SUCH LANDS; AMENDING THE CITY MAP; ASSIGNING A COMPREHENSIVE PLAN MAP DESIGNATION OF COMMERCIAL; AMENDING THE LEGAL DESCRIPTION OF THE CITY WITH THE APPROPRIATE COUNTY AND STATE AUTHORITIES; AND PROVIDING SEVERABILITY, PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE. It was moved by Councilmember Dingman, seconded by Councilmember Ehardt, to approve the Reasoned Statement of Relevant Criteria and Standards for the annexation for Jackson Hole Junction, and give authorization for the Mayor to execute the necessary documents. Roll call as follows: Aye – Councilmembers Hally, Radford, Dingman, Ehardt, Marohn. Nay – none. Motion carried. It was moved by Councilmember Dingman, seconded by Councilmember Ehardt, to approve the Ordinance assigning a Comprehensive Plan Designation of Commercial and establishing the initial zoning for Jackson Hole Junction as HC-1 (Highway 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 8 JULY 14, 2016 amendment to the Comprehensive Plan on the Comprehensive Plan and Zoning Maps located in the Planning Office. Roll call as follows: Aye – Councilmembers Dingman, Ehardt, Marohn, Hally, Radford. Nay – none. Motion carried. At the request of Mayor Pro Tem Hally, the City Clerk read the ordinance by title only: ORDINANCE NO. 3077 AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO; PROVIDING FOR THE INITIAL ZONING OF APPROXIMATELY 55.416 ACRES DESCRIBED IN EXHIBITS A AND C 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 Ehardt, to approve the Reasoned Statement of Relevant Criteria and Standards for the Initial Zoning of HC-1 Commercial for Jackson Hole Junction, and give authorization for the Mayor to execute the necessary documents. Roll call as follows: Aye – Councilmembers Marohn, Dingman, Ehardt, Hally, Radford. Nay – none. Motion carried. Subject: Conditional Use Permit and Reasoned Statement of Relevant Criteria and Standards, Third Ward Medical Office, 187 E. 13th Street For consideration is the application for a Conditional Use Permit (CUP) and Reasoned Statement of Relevant Criteria and Standards, Third Ward Medical Offices, 187 E. 13th Street. The Planning and Zoning Commission considered this application at its June 7, 2016 meeting and recommended approval by unanimous vote. Staff concurs with this recommendation. Councilmember Dingman opened the public hearing. Director Cramer appeared and requested all staff items and presentations be entered into the record. It was so ordered by Mayor Pro Tem Hally. Slide 1: Property under consideration in surrounding zoning use Slide 2: Aerial photo of property under consideration Slide 3: Additional aerial photo of property under consideration Director Cramer stated the current access points to the property will remain and the alley is proposed to be paved the entire length of the property. Slide 4: Site plan Director Cramer indicated waivers for parking and landscaping requirements would be necessary for zoning ordinance standards at this property. The Local Land Use Planning Act provides a process that allows the Council to approve such waivers for a CUP. Slide 5: Photos looking at front of the building Slide 6: Photos looking directly across the street, east and west down 13th Street Slide 7: Photos looking down the alley north of the property Slide 8: Photos looking on the east side of the property toward Lee Avenue Mayor Pro Tem Hally requested any public comments. Steven Loosli, 5390 S. Marbrisa, Ammon, Idaho, appeared. Mr. Loosli indicated the building will be used for an alternative medical clinic. The building was acquired in May, 2016, and major renovations have been occurring since that time. He stated a tremendous amount of money has been and will be invested in this property and he is delighted to have the opportunity to preserve this historic building. 9 JULY 14, 2016 Yon Scott, 125 E. 14th Street, Idaho Falls, appeared. Mr. Scott stated Mr. Loosli has been very respectful to the neighbors and expressed his appreciation. Graham Whipple, 205 W. 14th Street, Idaho Falls, appeared. Mr. Whipple stated he is a member of the Historic Preservation Commission and expressed his excitement for the re-purposed of this building. He is in support of the project. All Councilmembers expressed their appreciation to the applicant including his involvement of the surrounding neighborhood. It was moved by Councilmember Dingman, seconded by Councilmember Ehardt, to approve the Conditional Use Permit for Third Ward Medical Offices, 187 E. 13th Street. Roll call as follows: Aye – Councilmembers Hally, Marohn, Radford, Dingman, Ehardt. Nay – none. Motion carried. It was moved by Councilmember Dingman, seconded by Councilmember Ehardt, to approve the Reasoned Statement of Relevant Criteria and Standards for the Conditional Use Permit for Third Ward Medical Offices, 187 E. 13th Street, and give authorization for the Mayor to execute the necessary documents. Roll call as follows: Aye – Councilmembers Ehardt, Radford, Marohn, Dingman, Hally. Nay – none. Motion carried. There being no further business, it was moved by Councilmember Marohn, seconded by Councilmember Ehardt, that the meeting adjourn at 8:58 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, July 14, 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. Consent Agenda. Any item may be removed from the Consent Agenda at the request of any member of the Council for separate consideration. A. Idaho Falls Power: 1) Maintenance Obligations and Ownership Agreement with Bonneville Power Administration B. Items from the City Clerk: 1) Approval of Expenditure Summary for the month of June, 2016. 2) Approval of Treasurer’s Report for the month of June, 2016. 3) Approval of Minutes from the May 26, 2016, Idaho Falls Power Board Meeting, June 6, 2016, Council Work Session, June 9, 2016, Regular Council Meeting, June 20, 2016, Regular Council Meeting, and June 29, 2016, Council Work Session (Parks Reports). 4) Approval of License Applications, including a Transfer of Beer to Be Consumed to A Street Soup Market (from Alchemy Bistro), all carrying the required approvals. RECOMMENDED ACTION: To approve all items on the Consent Agenda according to the recommendations presented. 5. Regular Agenda. A. Municipal Services 1) Bid IF-16-1 Sole Source Purchase, Schlage Brand Integrated Security Locks for City Facilities: The Municipal Services Department requests authorization to advertise the City's intent to make a sole source procurement following a 14-day period, as per I.C. § 67-2808, and then to issue a purchase order for Schlage brand name locks, cylinders, keys and electrified access control products in the amount of $96,771.00, once the advertisement has been completed. Schlage is the only manufacturer that has the ability to integrate with the City's existing access security system. Funding for the access security hardware is included the 2015/16 department budgets identified below. City Hall, Annex and Spares General Fund $14,425.00 Fire Department General Fund 21,670.00 Street Department Street/Sanitation Fund 3,231.00 Water Department Water Fund 57,445.00 Total $96,771.00 RECOMMENDED ACTION: To advertise the City's intent to make a sole source procurement following a 14-day period, as per I.C. § 67-2808, and then to issue a purchase order for Schlage brand name locks, cylinders, keys and electrified access control products in the amount of $96,771.00 (or take other action deemed appropriate). 2) Bid IF-16-K, Hot Asphalt Plant Mix: It is the recommendation of the Public Works and the Municipal Services Departments to piggyback the Idaho Department of Transportation's contract #ITB16000705 with H-K Contractors, Inc. to furnish the required annual Bituminous (Hot Asphalt) Plant Mix ($44.95 per ton of 3/4" and 1/2" hot mix and $49.95 per ton of 3/8" Hot Mix). For the contract period of July 1, 2015, through June 30, 2016, the Street Division ordered 1,921.43 tons of hot mix totaling $96,170.50. Funding to purchase the supplies are included in the Public Works 2015/16 and 2016/17 operating budgets. RECOMMENDED ACTION: To piggyback the Idaho Department of Transportation's contract with H-K Contractors to furnish the required annual Hot Asphalt Plant Mix for an amount totaling $96,170.50 (or take other action deemed appropriate). 3) Bid Award IF-16-034-City Hall ADA Door: It is the recommendation of the Municipal Services Department to accept the lowest responsive, responsible bid from River's West Construction, Inc. in the amount of $23,848.00. This amount includes the required payment and performance bonds amount. This project will remodel the City Hall west entrance to allow for ADA access. Funding for this project will be from the 2015/16 Municipal Services General Services General Building Repair and Maintenance operating budget. RECOMMENDED ACTION: To accept the lowest responsive, responsible bid from River's West Construction, Inc. in the amount of $23,848.00, to remodel the City Hall west entrance to allow for ADA access, and authorize the Mayor and City Clerk to sign any necessary documents (or take other action deemed appropriate). Page 2 of 7 B. Public Works 1) Bid Award – Well 18 Production Well: On June 21, 2016, bids were received and opened for the Well 18 Production Well project. Public Works recommends approval of the plans and specifications, award to the lowest responsive, responsible bidder, O’Keefe Drilling Company, Inc., in an amount of $171,577.00. RECOMMENDED ACTION: To approve of the plans and specifications, award to the lowest responsive, responsible bidder, O’Keefe Drilling Company, Inc., an amount of $171,577.00 for the Well 18 Production Well project, and, give authorization for the Mayor and City Clerk to sign contract documents (or take other action deemed appropriate). 2) Bid Award – Well 19 Drilling: On June 21, 2016, bids were received and opened for the Well 19 Drilling project. Public Works recommends approval of the plans and specifications, award to the lowest responsive, responsible bidder, O’Keefe Drilling Company, Inc., in an amount of $188,551.00. RECOMMENDED ACTION: To approve of the plans and specifications, award to the lowest responsive, responsible bidder, O’Keefe Drilling Company, Inc., an amount of $188,551.00 for the Well 19 Drilling project, and, give authorization for the Mayor and City Clerk to sign contract documents (or take other action deemed appropriate). 3) Bid Award – Water Meter Installation – 2016: On July 6, 2016, bids were received and opened for the Water Meter Installation – 2016 project. Public Works recommends approval of the plans and specifications, award to the lowest responsive, responsible bidder, 3H Construction LLC, in an amount of $160,896.00. RECOMMENDED ACTION: To approve of the plans and specifications, award to the lowest responsive, responsible bidder, 3H Construction LLC, an amount of $160,896.00 for the Water Meter Installation – 2016 project, and, give authorization for the Mayor and City Clerk to sign contract documents (or take other action deemed appropriate). 4) Professional Service Agreements (2) for Materials Testing with Strata: For consideration are two (2) Professional Service Agreements for materials testing with Strata. The agreements, if approved, will be used by the Street and Water Divisions to ensure that construction within the public right-of-way adheres to City standards. These agreements have been reviewed by the City Attorney. RECOMMENDED ACTION: To approve of the Professional Service Agreements for materials testing with Strata, and, give authorization for the Mayor and City Clerk to sign contract documents (or take other action deemed appropriate). 5) Professional Services Agreement for North Capital Avenue and Elm Street Road Safety Audit: For consideration is a Professional Services Agreements for engineering services on the North Capital Avenue and Elm Street Road Safety Audit with Precision Engineering. Under the agreement, Precision Engineering will provide engineering services as necessary for a not-to- exceed amount of $35,800.00. The City will be responsible for $2,627.72, which is 7.34% of this amount. This agreement has been reviewed by the City Attorney. Page 3 of 7 RECOMMENDED ACTION: To approve of the Professional Services Agreement for engineering services with Precision Engineering, and, give authorization for the Mayor and City Clerk to sign contract documents (or take other action deemed appropriate). C. Parks and Recreation 1) Change Order #1 Rock Solid Landscape Design and Construction: On July 2, 2015, a bid was awarded to Rock Solid Landscaping Design and Construction for construction of the Wayfinding Monument Sign. Due to design changes and additional services performed beyond the original scope of work, the Department of Parks and Recreation respectfully requests an increase in the contract amount of $35.396.37 bringing the original award of $79,583.00 to a total of $114,979.37, and requests authorization for the Mayor and City Clerk to accept the executed contract as written. RECOMMENDED ACTION: To approve Change Order #1 to Rock Solid Landscaping Design and Construction in an amount of $35.396.37, and authorize the Mayor and City Clerk to accept the executed contract as written (or take other action deemed appropriate). D. Idaho Falls Power 1) Ordinance Amending Sections of the City Code of Idaho Falls Pertaining to the Public Fiber Optic Network: For consideration is an Ordinance amending sections of the City Code of Idaho Falls pertaining to the Public Fiber Optic Network. Following staff recommendations, the ordinance amending Title 8, Chapter 13 was prepared by the City Attorney's office. The proposed changes seek to clarify provisions associated with amortizing extension costs and the methodology for cost recovery. RECOMMENDED ACTION: To approve the Ordinance amending City Code Title 8, Chapter 13, pertaining to the Public Fiber Optic Network 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). 2) Resolution to Reserve Fiber Pairs for Economic Development Projects in the City of Idaho Falls: For consideration is a resolution reserving three (3) unused, dedicated fiber pairs from the City's dark fiber optic network for economic development projects in the City of Idaho Falls. RECOMMENDED ACTION: To approve the Resolution to reserve three (3) unused, dedicated fiber pairs for economic development projects in the City of Idaho Falls, and authorize the Mayor to sign the document (or take other action deemed appropriate). E. Idaho Falls Airport 1) Acceptance of Federal Aviation Administration (FAA) Grant Offer AIP Project No. 3-16-0018- 041-2016: For your consideration is FAA Grant Offer AIP No. 3-16-0018-041-2016 in the amount of $1,064,269.00 for the Design Phase of the Rehabilitation of Taxiway A and C, Runway 2/20 and North Terminal Expansion projects. This grant represents 93.75% of FAA eligible costs, with the remaining costs funded by Airport budgeted resources. The Airport Department respectfully requests acceptance and authorization for the Mayor and City Attorney to execute said documents. Page 4 of 7 RECOMMENDED ACTION: To accept FAA Grant Offer AIP No. 3-16-0018-041-2016 in the amount of $1,064,269.00 for the Design Phase of the Rehabilitation of Taxiway A and C, Runway 2/20 and North Terminal Expansion projects, and give authorization for the Mayor and City Attorney to execute said documents (or take other action deemed appropriate). F. Police Department 1) Dog Control Ordinance: For consideration is an amendment to the Dog Control Ordinance. The Dog Control Ordinance has references to kennels as a place; which is in conflict with current zoning ordinances. Zoning ordinance defines kennels as a use. To address this conflict, staff recommends replacing the City’s current kennel licensing with an additional dog permit. The amendment also provides for procedural due process to appeal a denial of an additional dog permit. The City Attorney has drafted an amendment to City Ordinance Title 5, Chapter 2. RECOMMENDED ACTION: To approve the Ordinance amending City Code Title 5, Chapter 2, Dog Control Ordinance, 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). G. Community Development Services 1) Request for Waiver of Electric Line Extension Fees, Lorin C. Anderson, Division No. 1, 3rd Amended: For consideration is a request for waiver of electric line extension fees for the project at Lorin C. Anderson, Division No. 1, 3rd Amended. The total fees are $51,000. 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." This site is surrounded by City development and is near the core of the City rather than on the fringes. Sewer and water facilities are adjacent to the site. Because the site is a greenfield, or not previously developed, significant electrical infrastructure is required to support the development. Idaho Falls Power and Community Development staff are therefore recommending a waiver of the labor portion of the fee which totals $12,750. RECOMMENDED ACTION: To waive the labor portion of electric line extension fees in the amount of $12,750 for the project at Lorin C. Anderson, Division No. 1, 3rd Amended (or take other action deemed appropriate). 2) Extension to Record a Final Plat, Lorin C. Anderson, Division No. 1, 3rd Amended: For consideration is a request to extend the deadline for recording a plat for Lorin C. Anderson, Division No. 1, 3rd Amended. The City Council approved the plat on March 24, 2016, and the Subdivision Ordinance requires that the plat be recorded within 90 days of approval or the Council may rescind its approval. The applicant is prepared to record the plat immediately following the granting of an extension. Staff recommends approval of the request to extend the deadline to record the plat an additional 90 days. RECOMMENDED ACTION: To approve the request to extend the deadline for recording a final plat for Lorin C. Anderson, Division No. 1, 3rd Amended, for an additional 90 days (or take other action deemed appropriate). Page 5 of 7 3) Extension to Record a Final Plat, Hollipark Addition, Division No. 3: For consideration is a request to extend the deadline for recording a plat for Hollipark Addition, Division No. 3. The City Council approved the plat on September 11, 2014, and the Subdivision Ordinance requires that the plat be recorded within 90 days of approval or the Council may rescind its approval. The delay in recording the plat was due to unforeseen issues with securing access easements. Staff required the applicant to resubmit the plat for review to ensure it still complies with all current requirements. The plat still complies and the applicant is prepared to record the plat immediately following the granting of an extension. Staff recommends approval of the request to extend the deadline to record the plat an additional 90 days. RECOMMENDED ACTION: To approve the request to extend the deadline for recording a final plat for Hollipark Addition, Division No. 3, for an additional 90 days (or take other action deemed appropriate). 4) Public Hearing – Annexation and Initial Zoning of HC-1, Annexation Ordinance, Zoning Ordinance, and Reasoned Statements of Relevant Criteria and Standards, M&B: 55.416 Acres, Sections 26, 27, 34, and 35, T 2N, R 37E (Jackson Hole Junction): For 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: 55.416 Acres, Sections 26, 27, 34, and 35, T 2N, R 37E (Jackson Hole Junction). The Planning and Zoning Commission considered this application at its June 7, 2016 meeting and recommended approval by unanimous vote. Staff concurs with this recommendation. RECOMMENDATION ACTIONS: (in sequential order) a. To approve the Ordinance annexing Jackson Hole Junction, 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 Jackson Hole Junction, and give authorization for the Mayor to execute the necessary documents. c. To approve the Ordinance assigning a Comprehensive Plan Designation of Commercial and establishing the initial zoning for Jackson Hole Junction as HC-1 (Highway 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 Commercial for Jackson Hole Junction, and give authorization for the Mayor to execute the necessary documents. 5) Public Hearing – Conditional Use Permit and Reasoned Statement of Relevant Criteria and Standards, Third Ward Medical Office, 187 E. 13th Street: For consideration is the application for a Conditional Use Permit and Reasoned Statement of Relevant Criteria and Standards, Third Ward Page 6 of 7 Medical Offices, 187 E. 13th Street. The Planning and Zoning Commission considered this application at its June 7, 2016 meeting and recommended approval by unanimous vote. Staff concurs with this recommendation. RECOMMENDATION ACTIONS: (in sequential order) a. To approve the Conditional Use Permit for Third Ward Medical Offices, 187 E. 13th Street. b. To approve the Reasoned Statement of Relevant Criteria and Standards for the Conditional Use Permit for Third Ward Medical Offices, 187 E. 13th Street, and give authorization for the Mayor to execute the necessary documents. 6. Motion to Adjourn. Page 7 of 7

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