City Council

March 9, 2017 The City Council of the City of Idaho Falls met in Regular Council Meeting, Thursday, March 9, 2017, in the Council Chambers in the City Annex Building located at 680 Park Avenue in Idaho Falls, Idaho at 7:30 p.m. Call to Order: There were present: Mayor Rebecca L. Noah Casper Councilmember Thomas Hally Councilmember John B. Radford Councilmember Michelle Ziel-Dingman Councilmember Barbara Ehardt Councilmember Ed Marohn Absent: Councilmember David M. Smith Also present: Randy Fife, City Attorney Kathy Hampton, City Clerk All available department directors Pledge of Allegiance: Mayor Casper invited Zachary Jensen, a 5th grade student at Discovery Elementary School and Boy Scout Troop #319, to lead those present in the Pledge of Allegiance. Public Comment: Mayor Casper requested any public comment not related to items on the agenda. Curtis Johnson, local business owner of a dumpster rental company, appeared. Mr. Johnson stated he loves owning and running small businesses. He believes small businesses give passion, life, ambition, and are a huge part of the economy. He indicated one of his obstacles is government interference and his business growth is limited due to City competition. He stated his business is outlawed in City limits. He relocated to Idaho because he saw a potential to make a difference. He also relocated for family, the community and opportunity. Mr. Johnson indicated he has attempted to speak with the Public Works Director as well as the Assistant Director, but believes they have no incentive to change the City Code. He stated Rubicon Global, a global waste company that distributes business for waste management, is his incentive. Rubicon Global recently sent Mr. Johnson two (2) bid requests for roll-off dumpsters for Kroger and Walmart indicating 1.3% and 2.9% of roll-off dumpsters, respectively, are regulated by cities, including Idaho Falls. He stated 97-99% of cities do not regulate roll-off dumpsters. He is hopeful the City Council will listen and will help his small business grow. He is requesting a change in City Code to allow his company, and others, to provide roll-off dumpsters. Mayor Casper requested Mr. Johnson submit his contact information to Chris Fredericksen, Public Works Director. She committed follow-up conversation from the City. Consent Agenda: Office of the Mayor requested new appointment of Dave Radford to the Idaho Falls Redevelopment Agency. Municipal Services requested approval of Bid IF-17-14, Replacement Ambulances for Fire Department, and, Bid IF-17-12, Services to Rebuild/Rewind a Step-up Power Transformer. 1  March 9, 2017 Public Works requested approval of bid awards for Ryder Park Pond Drainage Improvements, Sanitary Sewer Rehabilitation – 2017, and Water Meter Installation – 2017 Phase I. Idaho Falls Power requested approval to ratify power transactions with Shell Energy. Idaho Falls Power requested approval of bid awards for 2017 Underground Reconductor Project, Gem State Left Dike Drain Repair Project, and Gem State Right Dike Drain Replacement Phase 2 Project. The City Clerk requested approval of Expenditure Summary for the month of February, 2017. FUND TOTAL EXPENDITURE General Fund $2,046,519.56 Street Fund 93,995.20 Recreation Fund 65,124.14 Library Fund 23,114.54 Municipal Equipment Replacement Fund (MERF) 9,335.89 Electric Light Public Purpose Fund 60,674.96 Golf Fund 28,469.38 Self-Insurance Fund 65,152.04 Municipal Capital Improvement Fund 265.00 Street Capital Improvement Fund 1,875.31 Bridge & Arterial Street Fund 553.14 Surface Drainage Fund 324.86 Fire Capital Improvement 30,987.04 Airport Fund 176,402.94 Water and Sewer Fund 392,489.97 Sanitation Fund 8,909.23 Ambulance Fund 76,341.72 Electric Light Fund 3,141,750.24 Payroll Liability Fund 1,938,943.27 TOTAL 8,161,228.43 The City Clerk requested approval of minutes from the February 21, 2017 Council Work Session; February 23, 2017 Idaho Falls Power Board Meeting; and, February 23, 2017 Council Meeting. The City Clerk requested approval of license applications, including a Beer License for GR Bar on Easy Street, and Pelonas Shack, all carrying the required approvals. It was moved by Councilmember Marohn, seconded by Councilmember Radford, to approve all items on the Consent Agenda according to the recommendations presented. Roll call as follows: Aye – Councilmembers Hally, Dingman, Radford, Ehardt, Marohn. None – nay. Motion carried. Regular Agenda: Public Works Subject: Right-of-Way Vacation Request – Joelle Avenue and a portion of Tara Street (Freeway Commercial Center) The developer of the property located within the Freeway Commercial Center has requested the vacation of Joelle Avenue and the western portion of Tara Street. 2  March 9, 2017 It was moved by Councilmember Ehardt, seconded by Councilmember Dingman, to authorize the City Attorney to prepare documents needed to accomplish the vacation. Roll call as follows: Aye – Councilmembers Hally, Marohn, Radford, Dingman, Ehardt. None – nay. Motion carried. Community Development Services Subject: Electric Line Extension Fee Waiver, Culver’s Restaurant, 946 Pancheri Drive Pursuant to Resolution 2016-29, City staff recommends waiver of electric line extension fees for the proposed Culver's Restaurant located at 946 Pancheri Drive in the amount of $10,025.45. The site is within the geographic area defined by the resolution for consideration for such fee waivers. It is also located within an urban renewal district. Councilmember Radford expressed his appreciation for this resolution. It was moved by Councilmember Dingman, seconded by Councilmember Ehardt, to waive the electric line extension fees for the proposed Culver's Restaurant located at 946 Pancheri Drive in the amount of $10,025.45. Roll call as follows: Aye – Councilmembers Ehardt, Radford, Marohn, Dingman, Hally. None – nay. Motion carried. Subject: Final Plat, Development Agreement, and Reasoned Statement of Relevant Criteria and Standards, Sand Pointe, Division No. 1 For consideration is the application for Final Plat, Development Agreement, and Reasoned Statement of Relevant Criteria and Standards for Sand Pointe, Division No. 1. The Planning and Zoning Commission reviewed this application at its September 6, 2016 meeting and unanimously recommended approval with the condition that a pathway easement be added along the canal. The applicant will dedicate the canal lot and easement to the City following approvals. Staff concurs with this recommendation. Councilmember Dingman stated this area includes approximately 14 acres and a 16-foot pathway along the western edge of the property. The pathway is part of the Connecting Our Communities Plan and is also included in the Final Plat. This property is located at the corner of E. 65th S. and St. Clair Road. It was moved by Councilmember Dingman, seconded by Councilmember Ehardt, to approve the Development Agreement for Sand Pointe, Division No. 1, and give authorization for the Mayor and City Clerk to execute the necessary documents. Roll call as follows: Aye – Councilmembers Radford, Ehardt, Hally, Marohn, Dingman. None – nay. Motion carried. It was moved by Councilmember Dingman, seconded by Councilmember Ehardt, to accept the Final Plat for Sand Pointe, Division No. 1, and give authorization for the Mayor, City Engineer, and City Clerk to sign said Final Plat. Roll call as follows: Aye – Councilmembers Marohn, Dingman, Ehardt, Hally, Radford. None – nay. Motion carried. It was moved by Councilmember Dingman, seconded by Councilmember Ehardt, to approve the Reasoned Statement of Relevant Criteria and Standards for the Final Plat for Sand Pointe, Division No. 1, and give authorization for the Mayor to execute the necessary documents. Roll call as follows: Aye – Councilmembers Ehardt, Marohn, Hally, Radford, Dingman. None – nay. Motion carried. Attorney’s Office Subject: Public Hearing – Resolution to Adopt Fees: The resolution amends and updates fees and charges. The proposed fee increase was advertised February 23 and March 2 as required by Idaho Code. The public hearing is scheduled for Thursday, March 9, 2017, in the Council Chambers in the City Annex Building located at 680 Park Avenue in Idaho Falls. 3  March 9, 2017 Mayor Casper stated it may be necessary to adjust fees throughout the year due to additional programs. She opened the public hearing and ordered all testimony and information entered into the record. She then invited Parks and Recreation Director Greg Weitzel for explanation of proposed fees. Director Weitzel stated the proposed fees were developed by numerous committees and staff. He briefly reviewed the proposed fees for the Golf Division, the Recreation Department, and the Parks Department. He also reviewed proposed fees for Melaleuca Field including rental of Melaleuca Field for special events and a $1 surcharge per entry of special events. This surcharge would assist with the Capital Improvement Fund. Director Weitzel indicated there are no current funds set aside for any improvements at Melaleuca Field and these surcharge funds would be earmarked for such improvements. He indicated there is an existing agreement with the Idaho Falls Chukars and any changes to the agreement would require approval from the Chukars as well as the City Council. He believes the special event rental fee is at fair market value compared to other venues. He indicated the proposed partial rental does not include the field. Any fee waiver by a non-profit organization would require approval by the designated committee. Councilmember Hally confirmed the proposed fees for camping at South Tourist Park would continue past the Eclipse event. Sandy Downs and Noise Park will only be available for reserveable camp sites during the Eclipse weekend. Director Weitzel stated a seasonal camp host at South Tourist Park has been proposed to assist with any potential issues that may occur at the park. He indicated the camp host would also assist with general maintenance, therefore the yearly maintenance costs at South Tourist Park would significantly reduce. Any revenues generated would be incorporated into the general park system funding. At the request of Councilmember Ehardt, Director Weitzel explained the tent rental fee. Councilmember Ehardt expressed her concern with competing with the private sector for rentals. She also expressed her concern for camp use fees at South Tourist Park. Councilmember Marohn believes the timing of these proposed fees is important due to the number of upcoming large events. Mayor Casper requested any public comment. Tim Hopkins, attorney on behalf of the Idaho Falls Chukars organization, appeared. Mr. Hopkins indicated the proposed fees seem modest and seem to be based on rationale with the management of the facility. He stated the current lease agreement between the Chukars organization and the City of Idaho Falls began in 2007 and has been extended through 2026. He believes this partnership has real basis and real history. He expressed his concern, on behalf of the Chukars organization, that imposing fees on the use of the facility has implications for a clear understanding of the Chukars use of field. Mr. Hopkins stated Melaleuca Field has been used for other activities, conducted by the organization, including food and beverage services. He believes the agreement needs clarified prior to establishing the proposed fees. He requested the proposed fees, related to Melaleuca Field only, be tabled to allow the organization to obtain clear understanding of any implications for the future. Noah Olivas, President of NKO Global Security Solutions, appeared. Mr. Olivas requested knowledge of security measures with the upcoming large events in the City. Mayor Casper stated conversation regarding security may need to occur at the conclusion of the Council Meeting. Mayor Casper closed the public hearing. Councilmember Dingman stated she supports an amendment to the resolution to preclude the proposed Melaleuca Field fees, while moving forward on the remaining fees. Mayor Casper clarified the passage of any fee resolution gives the City authority to impose the fee although it does not mandate that fee to be imposed. Mr. Fife stated the Council directs fees although specific instructions can be given to charge less than the authorized fee amount. After further brief discussion, it was consensus to have future additional discussion regarding the Melaleuca Field fees. It was moved by Councilmember Ehardt, seconded by Councilmember Dingman, to table the Melaleuca Field rental, Melaleuca Field Capital Surcharge, and Melaleuca Field partial field rental to the March 23, 2017 Council Meeting. After further clarification by Mr. Fife, it was moved by Councilmember Dingman, seconded by Councilmember Ehardt, to adopt the Resolution Exhibits A and B, City of Idaho Falls fee changes, excluding Exhibit A items 5A; 14, 15, and 16 which includes Melaleuca Field rental, Melaleuca Field Capital Surcharge, and Melaleuca Field 4  March 9, 2017 partial field rental, and update the noticed fees into the City’s fee schedule, and table the three (3) mentioned fees to the March 23, 2017 Council Meeting. Roll call as follows: Aye – Councilmembers Radford, Ehardt, Marohn, Dingman, Hally. None – nay. Motion carried. RESOLUTION NO. 2017-09 A RESOLUTION OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, ADOPTING A SCHEDULE OF REVISED FEES FOR SERVICES PROVIDED AND REGULARLY CHARGED AS SPECIFIED BY CITY CODE; AND PROVIDING THAT THIS RESOLUTION BE EFFECTIVE UPON ITS PASSAGE, APPROVAL, AND PUBLICATION ACCORDING TO LAW. There being no further business, it was moved by Councilmember Marohn, seconded by Councilmember Ehardt, that the meeting adjourn at 8:30 p.m. s/ Kathy Hampton s/ Rebecca L. Noah Casper CITY CLERK MAYOR 5