City Council
Regular MeetingIdaho Falls, ID · July 14, 2016
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
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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.
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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
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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.
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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:
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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
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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.
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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
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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.
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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
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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).
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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.
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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.
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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).
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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
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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.
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