City Council

CITY COUNCIL MEETING Thursday, June 8, 2017 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, please contact Councilmembers by email or personally before the meeting. Public testimony on agenda items will not be taken unless a hearing is indicated. 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. Regularly-scheduled 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 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 this 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. 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. Item from Office of the Mayor: 1) Appointments/Reappointments to City Boards, Committees and Commissions Kyler Hope – Parks & Recreation Commission, New Appointment Richard Potter – Shade Tree Advisory Board, New Appointment B. Item from Municipal Services: 1) Bid IF-17-R, Sole Source Purchase, Chest Compression Systems C. Items from the City Clerk: 1) Minutes from the May 22, 2017 Council Work Session; and May 25, 2017 Council Meeting. 2) License Applications, 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) Cayenta Enterprise Resource Planning System Change Order #036: Municipal Services recommends approval of change order #036 with Cayenta, a division of N. Harris Computer Corporation, for a total of $200,000. Change order #036 extends Phase 2 of the implementation category of the project by six (6) months for a total project extension cost for software and configuration of $415,480, not including travel for on-site support as per the original agreement. This is an unbudgeted 2016/17 expense. Directors from the Airport, Fire Department, Idaho Falls Power, and Public Works Departments have agreed to reprioritize their budgets to fund the cost share amounts. Funding for the general fund portion will be covered by reprioritizing general fund project funds in Municipal Services. RECOMMENDED ACTION: To approve change order #036 with Cayenta for a total amount of $200,000, and give authorization for the Mayor to execute the necessary documents (or take other action deemed appropriate). B. Public Works 1) Professional Services Agreement with Six Mile Engineering for Design Services of the 17 th Street and Woodruff Avenue Intersection Improvements: For consideration is a Professional Services Agreement with Six Mile Engineering for Design Services of the 17th Street and Woodruff Avenue Intersection Improvements. Under the agreement, Six Mile Engineering will provide engineering services as necessary for a not-to-exceed amount of $250,000.00; the City’s responsibility is to provide 7.34% or $18,350.00. RECOMMENDED ACTION: To approve the Professional Services Agreement with Six Mile Engineering for Design Services of the 17th Street and Woodruff Avenue Intersection Improvements, and give authorization for the Mayor and City Clerk to execute the necessary documents (or take other action deemed appropriate). C. Airport 1) Airport Real Estate Purchase and Sale Agreement – Herbert J. Swanson and Bonnie Jean Swanson Land Acquisition-North Parcel Project FAA AIP Project No. 3-16-0018-042-2016: For consideration is a Real Estate Purchase and Sale Agreement between the City of Idaho Falls and Herbert J. Swanson and Bonnie Jean Swanson in the amount of $678,000 for the land acquisition of the North Parcel Project. The purchase of this parcel fulfills the Federal Aviation Administration’s requirement for the Airport to own, in fee-simple, the property within the Runway 20 Protection Zone (RPZ). RECOMMENDED ACTION: To approve the Real Estate Purchase and Sale Agreement with Herbert J. Swanson and Bonnie Jean Swanson, and give authorization for the Mayor and City Clerk to execute the necessary documents (or take other action deemed appropriate). D. Idaho Falls Power 1) Change Order #1 to the Transformer Rewind Project: On March 9, City Council awarded to Solomon Corporation the transformer rewind project in the amount of $122,925.59. The project scope was to rewind the transformer from Upper Power Plant that was replaced in conjunction with the sedimentation removal project. Once the contractor was able to access the inside of the transformer, it was determined that a rewind of the transformer was not feasible due to the type Page 2 of 5  of winding inside. The contractor has since presented an alternative proposal, Change Order #1 for $26,394.41 for a new project cost of $149,320, for a new transformer. While the cost is roughly a 21.4% increase from their original awarded bid, it is still well below the second low bid ($162,455) and would result in a new transformer. RECOMMENDED ACTION: To approve Change Order #1 in the amount of $26,394.41 for the transformer rewind project, and give authorization for the Mayor to execute the necessary documents (or take other action deemed appropriate). E. Community Development Services 1) Resolution for Consolidated Annual Performance and Evaluation Report (CAPER) 2016: For consideration is the resolution approving the 2016 CAPER for the Community Development Block Grant (CDBG). The CAPER was reviewed by the Council at the May 11, 2017 meeting. No comments were received during the public comment period. RECOMMENDED ACTION: To approve the resolution for the 2016 Consolidated Annual Performance and Evaluation Report (CAPER) for the Community Development Block Grant (CDBG), and give authorization for the Mayor and City Clerk to execute the necessary documents (or take other action deemed appropriate). 2) Extension to Record a Final Plat for Linden Trails Division No. 1: The developer for Linden Trails Division No. 1 is requesting the deadline for recording the plat be extended an additional 90 days. The City Council approved the final plat on February 9, 2017 and the Subdivision Ordinance requires that the plat be recorded within 90 days of approval or the Council may rescind its approval. The plat is ready to be recorded pending final approval of construction documents. Staff recommends approval of the extension request for an additional 90 days. RECOMMENDED ACTION: To approve the request for a 90 day extension to record the final plat for Linden Trails Division No. 1 (or take other action deemed appropriate). 3) Public Hearing – Planned Unit Development and Reasoned Statement of Relevant Criteria and Standards Coachman Place: For consideration is the application for Planned Unit Development and Reasoned Statement of Relevant Criteria and Standards for Coachman Place. The Planning and Zoning Commission considered this application at its April 4, 2017 meeting and recommended approval by a vote of 7 to 2. Staff concurs with this recommendation. RECOMMENDED ACTIONS: (in sequential order) a. To approve the Planned Unit Development for Coachman Place. b. To approve the Reasoned Statement of Relevant Criteria and Standards for the Planned Unit Development for Coachman Place, and give authorization for the Mayor to execute the necessary documents. 4) Final Plat and Reasoned Statement of Relevant Criteria and Standards, Westhaven Addition, Division No. 1, 1st Amended: For consideration is the application for Final Plat and Reasoned Statement of Relevant Criteria and Standards, Westhaven Addition, Division No. 1, 1st Amended. Page 3 of 5 The Planning and Zoning Commission considered this application at its April 4, 2017 meeting and recommended approval by a vote of 8 to 1. Staff concurs with this recommendation. RECOMMENDED ACTIONS: (in sequential order) a. To accept the Final Plat for Westhaven Addition, Division No. 1, 1st Amended, and give authorization for the Mayor, City Engineer, and City Clerk to sign said Final Plat. b. To approve the Reasoned Statement of Relevant Criteria and Standards for the Final Plat for Westhaven Addition, Division No. 1, 1st Amended, and give authorization for the Mayor to execute the necessary documents. 5) Public Hearing - Rezone from R-1 to R-3A, Zoning Ordinance, and Reasoned Statement of Relevant Criteria and Standards, a portion of Lot 12, Block 13, Linden Park Division 8, 1st Amended: For consideration is the application for Rezoning from R-1 to R-3A, Zoning Ordinance, and Reasoned Statement of Relevant Criteria and Standards for a portion of Lot 12, Block 13, Linden Park Division 8, 1st Amended. The Planning and Zoning Commission considered this application at its May 2, 20 17 meeting and recommended approval by unanimous vote of 8 to 0. Staff concurs with this recommendation. RECOMMENDED ACTIONS: (in sequential order) a. To approve the Ordinance rezoning Lot 12, Block 13, Linden Park Division 8, 1st Amended from R-1 to R-3A Zone, 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 rezoning of Lot 12, Block 13, Linden Park Division 8, 1st Amended from R-1 to R-3A Zone, and give authorization for the Mayor to execute the necessary documents. 6) Public Hearing - Annexation & Initial Zoning, Annexation Ordinance, Zoning Ordinance Reasoned Statements of Relevant Criteria & Standards, Handly Avenue Annexation: For consideration is the application for Annexation and Initial Zoning of R-1, Zoning Ordinance, Annexation Ordinance, Reasoned Statement of Relevant Criteria and Standards, Lots 1-5, Block 1, Lots 3-5, Block 2, Sunnyside Park Subdivision Division 1, and Sunnyside Park Subdivision Division 2, and approximately 0.252 acres NW 1/4, Section 32, T 2N, R 38E, located generally South of E. Sunnyside Road, West of S. 15th East, North of Castlerock Lane, and East of S. Holmes. The Planning and Zoning Commission considered this item at its May 2, 2017 meeting and recommended annexation and initial zoning of R-1 by a unanimous vote of 8-0 vote. Staff concurs with this recommendation. RECOMMENDED ACTIONS: (in sequential order) a. To approve the Ordinance annexing Lots 1-5, Block 1, Lots 3-5, Block 2, Sunnyside Park Subdivision Division 1, and Sunnyside Park Subdivision Division 2, and approximately 0.252 acres NW 1/4, Section 32, T 2N, R 38E, under the suspension of the rules requiring three complete and separate readings and that it be read by title and published by summary (or Page 4 of 5  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 of Lots 1-5, Block 1, Lots 3-5, Block 2, Sunnyside Park Subdivision Division 1, and Sunnyside Park Subdivision Division 2, and approximately 0.252 acres NW 1/4, Section 32, T 2N, R 38E, and give authorization for the Mayor to execute the necessary documents. c. To approve the Ordinance assigning a Comprehensive Plan Designation of Low Density and establishing the initial zoning for Lots 1-5, Block 1, Lots 3-5, Block 2, Sunnyside Park Subdivision Division 1, and Sunnyside Park Subdivision Division 2, and approximately 0.252 acres NW 1/4, Section 32, T 2N, R 38E, as R-1 (Residence Zone), under the suspension of the rules requiring three complete and separate readings and that it be read by title and published by summary (or consider the Ordinance on the first reading and that it be read by title, or reject the Ordinance), that the Comprehensive Plan be amended to include the area annexed herewith, and that the City Planner be instructed to reflect said annexation, zoning, and amendment to the Comprehensive Plan on the Comprehensive Plan and Zoning Maps located in the Planning Office. d. To approve the Reasoned Statement of Relevant Criteria and Standards for the Initial Zoning of R-1 Residence Zone for Lots 1-5, Block 1, Lots 3-5, Block 2, Sunnyside Park Subdivision Division 1, and Sunnyside Park Subdivision Division 2, and approximately 0.252 acres NW 1/4, Section 32, T 2N, R 38E, and give authorization for the Mayor to execute the necessary documents. 6. Motion to Adjourn. Page 5 of 5  May 22, 2017 - Unapproved The City Council of the City of Idaho Falls met in Special Meeting (Council Work Session), Monday, May 22, 2017, in the Council Chambers in the City Annex Building located at 680 Park Avenue in Idaho Falls, Idaho at 3:00 p.m. Call to Order and Roll Call: There were present: Mayor Rebecca L. Noah Casper Councilmember David M. Smith Councilmember Ed Marohn Councilmember Michelle Ziel-Dingman Councilmember Thomas Hally Councilmember Barbara Ehardt (arrived at 3:15) Councilmember John B. Radford (arrived at 3:42) Also present: Ryan Tew, Human Resources Director AJ Argyle, American Insurance Representative Brad Cramer, Community Development Services Director Mark McBride, Police Chief Dave Hanneman, Fire Chief Chris Fredericksen, Public Works Director Greg Weitzel, Parks and Recreation Director Randy Fife, City Attorney Kerry Hammon, Public Information Officer Kathy Hampton, City Clerk Mayor Casper called the meeting to order at 3:03 p.m. with the following agenda items: Calendar, Announcements and Reports: Mayor Casper stated a recent traffic accident has claimed the lives of two (2) local teenagers. She expressed her condolences to those families affected. Mayor Casper stated the opening season of stock car racing at Noise Park has begun. She noted crews are working on beautifying the City flower beds. She indicated Department Directors may be out of the office for various reasons and Councilmembers should plan any meetings accordingly. She stated the Oppenheimer Company recently spoke at the City Club forum, this forum will be rebroadcast on May 29. Mayor Casper expressed her gratitude to all those community members who recently volunteered at Rose Hill Cemetery after the recent vandalism. May 22, Mayors Bike Ride May 23, Shade Tree Commission Meeting May 24, Idaho Falls Auditorium District Meeting May 25, Idaho Falls Power Board Meeting; Library Board Meeting; and, City Council Meeting Farmers Market, occurring on Saturdays May 26-29, Field of Honor at Freeman Park June 3, North American Brewers Association/Beer Fest June 4, LDS Temple dedication June 5, Council Work Session and joint City Council/County Commissioners Meeting June 12, Westside Soil and Water Conservation Tour June 29, Public Works Utility Meeting Councilmember Hally stated any donations to assist with restoration costs at Rose Hill Cemetery are being accepted in the City Treasurer's Office. Councilmember Marohn had no items to report. 1  May 22, 2017 - Unapproved Councilmember Smith stated he is the Chairman, as well as a major sponsor, for the Field of Honor. He briefly reviewed the schedule of ceremonies, stating Mayor Casper and Councilmember Marohn will be participating in the ceremonies. Councilmember Dingman commended the volunteers at Rose Hill Ceremony. She expressed her appreciation to those who celebrated National Police Week in honor of the local police officers. Councilmember Ehardt had no items to report. Budget Workshop Part III: Health Insurance Recommendations: Director Tew stated there is no cost increase for employee benefits due to negotiations with Blue Cross from Mr. Argyle. Therefore, he recommended no changes to the premium structure for medical and dental insurance for the upcoming fiscal year. He believes due to the employee/employer shared costs, it makes sense to continue as is. Mr. Argyle confirmed Healthy Measures will continue. Mayor Casper indicated this discussion, along with previous discussion regarding the 2.5% inflation increase, will allow budget documents to be prepared with true numbers. Councilmember Dingman expressed her appreciation to the work and forethought. She also expressed her appreciation to Mr. Argyle. Director Tew indicated demographics of the workforce is always evolving which has resulted in a shift of employees benefits plans. The result has caused a decrease to the expense for the City, which has resulted in savings of ~$75,000-$155,000 from the previous year. He stated he will be looking at survey data and a proposal to funnel a portion of this savings to make the vacation package more generous as he believes the vacation policy is not competitive for employees, especially those employees that have been employed for 1-6 years. At the request of Councilmember Marohn, Director Tew stated the current yearly cap of vacation is approximately 5 weeks. Mayor Casper indicated a portion of said savings may also be placed into a self-insurance fund or the General Fund. Brief general discussion followed. Councilmember Ehardt believes any department savings should be returned to that department versus the General Fund. Mayor Casper requested any changes be proposed during the budget presentation in July. Personnel Policy Update: Mayor Casper stated in conjunction with the 2015 Citizens Review Committee (CRC) recommendation to rescind the Civil Service System, there was also recommendation to replace the employee precautions found in the Civil Service Rules with a written policy with a fair treatment just cause standard to govern personnel actions. Director Tew reiterated he does not believe any rights were being taken away with the rescission of the Civil Service System as there are current Federal and State laws that prohibit discrimination for various reasons. He indicated although the current personnel policy does not contain the proposed/requested ‘for cause’ statement, the employees still have those protections. He believes the verbiage, taken from State Code, should be included in the City personnel policy as this is important for perception. Director Tew stated since his hire date he has been revising the City grievance policy. He indicated ‘at will’ versus ‘for cause’ becomes legally complex. Mr. Fife believes this proposed change does not change what the police officers believed they had related to Civil Service, and does not change what the non-Civil Service employees had related to grievances. Director Tew believes the City policy accomplishes everything the Civil Service policy accomplished and more. Mr. Fife briefly explained ‘at will’ and ‘for cause’ policy/guideline. He recommended this proposed policy change. Brief discussion followed. Mayor Casper believes there will be more workforce aware of their rights and responsibilities which will assist with employee valuations and compensation. At the request of Councilmember Ehardt, Mr. Fife clarified the date included in the policy is due to the rescission of Civil Service. Councilmember Ehardt stated she prefers not to have the date included. To the response of Councilmember Dingman, Director Tew stated there has been indirect input from employees. Mayor Casper stated this item will be included on the May 25 Council Meeting agenda. Idaho Falls Downtown Development Corporation (IFDDC) Business Improvement District (BID) Request and Presentation: Mayor Casper recognized Greg Crockett, Chairman of the IFDDC, and Catherine Smith, Executive Director of IFDDC. She then turned the presentation to Director Cramer. Director Cramer stated the IFDDC presents the BID report to Council on an annual basis. This BID particular process occurs once every ten (10) years, the BID was originally approved in 1997 and renewed in 2007. He reviewed the designation boundary map of downtown properties. He stated although the IFDDC manages the BID agreements with directed funds, the BID is controlled by 2  May 22, 2017 - Unapproved State Statute. Director Cramer reviewed the steps for the BID process. Step one: applicants obtain petitions from property owners. More than 50% of property owners affected by the district must sign in order to renew or establish the district. This 50% is based on evaluation of the property. Step two: petitions are reviewed by the City for validity. Step three: if petitions are valid, the State Statute directs the City Council to adopt a resolution notifying intent to renew or establish the district and sets the date for a public hearing. The public hearing has been proposed for July 13, 2017. Final step: Council will consider the Ordinance, if renewing the district, proposed for July 27, 2017. Director Cramer stated for the previous 20 years, the City has collected the tax which is then distributed to IFDDC. He indicated for this renewal, IFDDC has been working with Bonneville County to collect the tax, which is a more logical method. Director Cramer stated since 1996 all properties have been assessed at the 1996 value, no matter the condition of the building, with a $1700 maximum annual assessment. Proposed change would increase maximum annual assessment to $2500. He also indicated the BID has assessed properties at a 4 mills rate. Additional proposed change would reduce the 4 mills to a 2 mills rate. Mayor Casper stated the resolution for this item will be included on the May 25 Council Meeting agenda. Independence Day Planning: Mayor Casper believes, due to careful planning and attention to detail, citizens and any visitors will enjoy several activities during the Independence Day events. She stated significant effort has taken place on formerly unimproved land, with coordination of Melaleuca, Ball Ventures, and, City officials and staff. Estimated costs for public safety/traffic control were reviewed. Chief Hanneman indicated the Fire Department services to the parade will include mini ambulance and bike patrol, with appropriate staff. Service to Riverfest/Fireworks include mini ambulance, bike patrol, swift water rescue technician, and wildland engine crew, with appropriate staff. He estimated costs of ~$10,000.00, with amount based on the average of hourly base rate. He stated the hourly base rate does not include those exempt employees participating in this event. Chief Hanneman stated there has not been a separate Fire Department budget for special events, any costs are found within the budget as part of the service provided. Brief discussion followed. Chief McBride indicated the Police Department services include rotating bike teams between Riverfest, riverwalk pathways and parks during the fireworks. Officers are also assigned to traffic control during and after the fireworks. Estimated costs of ~$23,000.00, with amount based on employee cost. Director Fredericksen indicated Public Works staff has been working with Ball Ventures for additional pedestrian crossings on Snake River Parkway. He stated a line item is budgeted in Public Works for various events, with any adjustments as needed. Estimated costs of ~$6500 will include temporary crosswalk designations, traffic support, and sand for firework bedding. Director Weitzel commended Melaleuca and Ball Ventures for their responsiveness and assistance with this event. He estimated costs to close South Tourist Park during the event of ~$640.00, as this location will be designated as the staging area for the Bonneville County Sheriff. Mayor Casper indicated Idaho Falls Power has been requested to turn off street lights, there is no estimated cost at this time as additional discussion is occurring regarding any liability issues. Estimated costs for fee-based services were reviewed. Director Weitzel indicated this is a private event which is open to the public. He stated Parks and Recreation (P&R) Department assists with set up and clean up for any special events. Estimated costs, including staffing, of ~$10,000.00, which has been factored into the budget. Director Fredericksen stated fee-based services, including barricades, refuse containers, and water for 12 acres of landscaping (ongoing cost) are estimated at ~$16,100.00. He indicated Ball Ventures has requested to waive the monthly fee of the water service (approximately $6500) as well as the water main connection fee for this landscaped area, in the amount of $47,232.00. Director Fredericksen stated the requested waiver would end once the irrigation season ends. Brief discussion followed regarding water/metering. Councilmember Smith is in favor of waiving all fees, as has previously occurred, with the exception of reducing the water amount by $3900 (3 months of water). Mayor Casper noted P&R and public safety are funded by the General Fund whereas, water service are funded from the Enterprise Fund. She believes any waiver may set the precedent for future years. She also believes any intent needs to be clarified whether the Council support is for the July 4 activities/events or if the Council is willing to waive other private events that may also be seeking assistance. Councilmember Smith believes the City has always been in support of the July 4 activities and that support should be continued, no matter the location. Councilmember Dingman stated she has no issues with fee-based services or public services, regardless of location although she believes the cost for the water 3  May 22, 2017 - Unapproved is due to location change. At the request of Councilmember Hally, Mr. Fife stated the City could participate as a partner with an event occurring on private property, although there may be concern from taxpayers regarding the benefit to the general population. Brief discussion followed. At Mayor Casper’s request, Tony Lima, Director of Public Relations at Melaleuca, appeared. Mr. Lima believes the narration message of the fireworks show has been important for the meaning of the July 4. He indicated for several years this narration has expressed gratitude for the partnership with the City of Idaho Falls. Councilmember Smith is not in favor of ‘partnership’ as he believes a partnership has connotation of liability. He would prefer the City be known as sponsor or supporter. Mr. Lima expressed his appreciation to Ball Ventures for hosting this event as he believes this new venue for the firework show will allow adequate space to host 30,000-60,000 people. This venue change will also allow a creation of green space along the river to be used year round. Mr. Fife reminded the Council that any City involvement with a private event needs to be clarified. Mayor Casper proposed a resolution to address the requested services and fee waivers provided by the City, for approval at the June 8 Council Meeting. Director Fredericksen recommended, in order to maintain consistency on fee waivers, not to waive the water connection fee ($47,232) but allow waiver of two (2) months of water service ($2,600). He believes the description of items should be included in resolution. Councilmember Dingman expressed her appreciation to Ball Ventures and Melaleuca. Targhee Regional Public Transportation Authority (TRPTA): Mayor Casper introduced Amanda Ely, General Manager of TRPTA, and Mike O’Bleness, Board Member of TRPTA. She indicated this presentation will assist with requested funds from TRPTA during the upcoming budget session. She then turned the presentation to Ms. Ely. Ms. Ely indicated State Code allows TRPTA to have exclusive jurisdiction over all publicly funded or publicly subsidized transportation services and programs except those services/programs under the jurisdiction of public schools and law enforcement agencies. In addition to, TRPTA may also provide services to fixed or unfixed transportation routes as well as special events, community celebrations, and, sporting events and entertainment. Ms. Ely stated a 5-year service study is currently being conducted by KFH Consulting to review State Code and look for ways to better serve the community. She indicated TRPTA may enter into cooperative agreements with the state, other authorities, counties, cities, and highway districts under the provisions of 67-2328 Idaho Code. She stated there is a current agreement with Bonneville Metropolitan Planning Organization (BMPO) for bookkeeping services. Ms. Ely briefly reviewed the timeline of Fiscal Year (FY) 16-17 events including single audit reviews, staff retirements, completed safety audits, and reimbursement costs. She also reviewed FY16 events including the addition of a fixed route between Idaho Falls and Rexburg, an increase in starting wages, submittal of the first RFP (Request For Proposal) – although unsuccessful, dedicated funding has not been secured for fleet replacement, rebranding recommendation, and, current work with dispatching technology. Ms. Ely stated KFH Consulting has completed the following outreach efforts: (2) advisory committee meetings, on-board rider surveys, community meetings in May 2017, stakeholder interviews, “Meeting on the Bus” at Earth Day event in April 2017, and meetings with TRPTA and BMPO staff. Community Outreach results included expanded transportation services (Saturday and service in Ammon), reduced extensive travel in parking lots to create route timeliness, expanded outreach to raise community awareness, funding considerations and concerns, capital improvements and considerations (shelters, new buses), improve coordination, and connectivity. Potential opportunities include: rediscover Idaho Falls routes, modify demand response services to eliminate competition with scheduled routes, expand marketing campaign (including rebranding), sponsorship programs, and expand access to other transportation providers. Ms. Ely reviewed FY16 funding levels: Total local government match =$169,000 Total non-government match=$540,420 Total fares=$38,720 (decreased due to free senior rides) Total government funding=$986,913 Brief discussion followed regarding costs to each City and the County. Ms. Ely stated KFH Consulting is creating economic calculations based on population and/or service levels by City with proposed funding levels as part of their Service Study. 4  May 22, 2017 - Unapproved Funding request: City of Idaho Falls Historical Match Contribution FY14 FY15 FY16 FY17 FY18 FY19 FY20 Requested Requested Requested Annually $99,800 $109,800 $109,800 $109,800 $165,000 $165,000 $165,000 Ms. Ely stated future request will include medical benefit options (based on broker estimates $50,000 match/year for urban area employees). TRPTA is also looking for dedicated capital funds for fixed route vehicle replacement at $5000/year. Councilmember Radford believes the consultants are working hard to make this program become more efficient. He indicated several people rely on this important service. He stated TRPTA will be requesting additional money from other communities as well. Ms. Ely stated KFH Consulting will present their service results to the Council in the near future for future recommendations. Mr. O’Bleness stated the Development Workshop Inc. (DWI)/Festival of Trees has dedicated $10,000 toward TRPTA for a pilot project for disabled citizens. He believes public resources are important and necessary for people with disabilities to engage as citizens in our community. Historic Preservation Commission: Kim Smith, Historic Preservation Commission Member, introduced fellow board member Julie Williams. He also recognized additional board members Graham Whipple, Roxane Mitro, and Renee Magee. Mr. Smith presented the following with brief discussion throughout: Comprehensive Plan –  The policies in the comprehensive plan are based on ideas and opinions from the citizens of Idaho Falls  Historic Preservation Section o Continue to identify historic properties  Downtown Section o Encourage the reuse of second floor space for offices or residences  Transition Areas Section o Work with residents of the neighborhoods to develop a plan for their neighborhood (17th Street)  Growth and Development Section o Our downtown can be an exciting collection of interesting shops, busy offices, public spaces and walks Mr. Smith presented photos of valuing existing properties, important places, and associated stories. He stated the Historic Preservation brings people and reinvestment into downtown and existing neighborhoods. He presented photos of buildings which reinvestment started in the 1990s by property owners as well as older neighborhoods with historic importance. He stated the goal of the commission is to encourage sympathetic reinvestment in existing properties. He reviewed photos of those existing properties, including the Bonneville Hotel. Brief discussion followed. Director Cramer stated the funding source for the Bonneville Hotel is being allocated from the Historic Preservation Commission tax credits from the Federal government. Mayor Casper expressed her appreciation to the members of the Historic Preservation Commission. There being no further business, it was moved by Councilmember Smith, seconded by Councilmember Marohn, to adjourn the meeting at 5:47 p.m. CITY CLERK MAYOR 5  May 25, 2017 - Unapproved The City Council of the City of Idaho Falls met in Regular Council Meeting, Thursday, May 25, 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: Councilmember Barbara Ehardt Councilmember John B. Radford Councilmember David M. Smith Councilmember Ed Marohn Councilmember Michelle Ziel-Dingman Councilmember Thomas Hally Absent: Mayor Rebecca L. Noah Casper Also present: Kerry Hammon, Public Information Officer Randy Fife, City Attorney Kathy Hampton, City Clerk All available department directors Pledge of Allegiance: Mayor Pro Tem Hally invited Brad Cramer, Community Development Services Director, to lead those present in the Pledge of Allegiance. Public Comment: Mayor Pro Tem Hally requested any public comment not related to items on the agenda or noticed for a public hearing. No one appeared. It was moved by Councilmember Hally, seconded by Councilmember Marohn, to add, as an agenda item at the end of the agenda, an Executive Session pursuant to the provisions of Idaho Code Section 74-206(1)(f) To communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated. The good faith reason for the motion is that a change today in a legal matter requires the City to make decisions that cannot be delayed. Roll call as follows: Aye – Councilmembers Hally, Marohn, Radford, Dingman, Smith, Ehardt. Nay – none. Motion carried. Consent Agenda: It was moved by Councilmember Ehardt, seconded by Councilmember Dingman, to remove item B (Human Resources) from the Consent Agenda and place it on the Regular Agenda. Roll call as follows: Aye – Councilmembers Dingman, Ehardt. Nay – Councilmembers Hally, Smith, Marohn, Radford. Motion failed. Municipal Services requested approval of Bid IF-17-19 Electrical Inventory. Human Resources requested change to Section XXIX of the City’s Personnel Policy Manual. The City Clerk requested approval of the Expenditure Summary for the month of April, 2017. FUND TOTAL EXPENDITURE Reserve Accounts Fund $1,239,094.49 1  May 25, 2017 - Unapproved Street Fund 44,365.52 Recreation Fund 84,109.34 Library Fund 77,432.30 Municipal Equipment Replacement Fund (MERF) 176,185.19 Electric Light Public Purpose Fund 49,820.33 Golf Fund 112,975.51 Self-Insurance Fund 78,704.46 Municipal Capital Improvement Fund 240,305.89 Street Capital Improvement Fund 40,000.00 Water Capital Improvement Fund 5,437.41 Fire Capital Improvement Fund 46,685.91 Airport Fund 208,499.79 Water and Sewer Fund 612,176.58 Sanitation Fund 7,024.68 Ambulance Fund 33,568.05 Electric Light Fund 2,556,713.38 Payroll Liability Fund 2,685,842.88 TOTAL $8,298,941.71 The City Clerk requested approval of the Treasurer’s Report for the month of April, 2017, minutes from the May 8, 2017 Council Work Session and Executive Session; and May 11, 2017 Council Meeting, and, license applications, all carrying the required approvals. It was moved by Councilmember Marohn, seconded by Councilmember Hally, to approve all items on the Consent Agenda according to the recommendations presented. Roll call as follows: Aye – Councilmembers Marohn, Hally, Radford, Smith. Nay – Councilmembers Ehardt, Dingman. Motion carried. Regular Agenda: Community Development Services Subject: Resolution to Set a Public Hearing to Consider Renewal of the Downtown Business Improvement District (BID) Business Improvement Districts are governed by Idaho Code Title 50 Section 26. The statute requires the Council to adopt a resolution of intention to establish or renew the district. The resolution must include a date for a public hearing to be held in consideration of the establishment of a district. The resolution for this renewal sets the public hearing date as July 13, 2017. Councilmember Dingman stated the 10-year expiration date for the BID renewal is approaching. This is one of the steps in the process for renewal. It was moved by Councilmember Dingman, seconded by Councilmember Smith, to adopt the resolution to set a public hearing to consider renewal of the Downtown Business Improvement District, and give authorization to the Mayor and City Clerk to sign the necessary documents. Roll call as follows: Aye – Councilmembers Dingman, Radford, Marohn, Smith, Hally, Ehardt. Nay – none. Motion carried. RESOLUTION NO. 2017-13 A RESOLUTION OF THE CITY COUNCIL OF IDAHO FALLS, IDAHO, FOR RENEWAL OF THE DOWNTOWN IDAHO FALLS BUSINESS IMPROVEMENT DISTRICT; AND PROVIDING THAT THIS RESOLUTION BE EFFECTIVE UPON ITS PASSAGE, APPROVAL, AND PUBLICATION ACCORDING TO LAW. 2  May 25, 2017 - Unapproved Subject: Public Hearing – Annexation and Initial Zoning of R-1, Annexation and Zoning Ordinances, and Reasoned Statement of Relevant Criteria and Standards, Yorkside, Division No. 3 For consideration is the application for Annexation and Initial Zoning of R-1, Annexation and Zoning Ordinances, and Reasoned Statement of Relevant Criteria and Standards, Yorkside, Division No. 3. The Planning and Zoning Commission considered this item at its April 4, 2017 meeting and recommended approval by unanimous vote. Staff concurs with this recommendation. Councilmember Dingman opened the public hearing. Director Cramer requested all presentation items as well as staff reports and materials be entered into the record. Slide 1: Property under consideration in current zoning area Slide 2: Aerial photo of property under consideration Slide 3: Comprehensive Plan Future Land Use Map Slide 4: Photo looking east across the property Councilmember Dingman stated this property is located within the Area of Impact and can be served by City utilities and services. Mayor Pro Tem Hally requested any public comment. No one appeared. Mayor Pro Tem Hally closed the public hearing. It was moved by Councilmember Dingman, seconded by Councilmember Smith, to approve the Ordinance annexing Yorkside, Division No. 3, 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 Radford, Ehardt, Smith, Marohn, Dingman, Hally. Nay – none. Motion carried. At the request of Mayor Pro Tem Hally, the City Clerk read the ordinance by title only: ORDINANCE NO. 3118 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 LOW DENSITY RESIDENTIAL; 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 Smith, to approve the Reasoned Statement of Relevant Criteria and Standards for the annexation for Yorkside, Division No. 3, and give authorization for the Mayor to execute the necessary documents. Roll call as follows: Aye – Councilmembers Hally, Smith, Dingman, Ehardt, Marohn, Radford. Nay – none. Motion carried. It was moved by Councilmember Dingman, seconded by Councilmember Smith, to approve the Ordinance assigning a Comprehensive Plan Designation of Low Density Residential and establishing the initial zoning for Yorkside, Division No. 3 as R-1 (Residence Zone), under the suspension of the rules requiring three complete and separate readings and that it be read by title and published by summary, that the Comprehensive Plan be amended to include the area annexed herewith, and that the City Planner be instructed to reflect said annexation, zoning, and amendment to the Comprehensive Plan on the Comprehensive Plan and Zoning Maps located in the Planning Office. Roll call as follows: Aye – Councilmembers Smith, Hally, Radford, Dingman, Ehardt, Marohn. Nay – none. Motion carried. 3  May 25, 2017 - Unapproved At the request of Mayor Pro Tem Hally, the City Clerk read the ordinance by title only: ORDINANCE NO. 3119 AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO; PROVIDING FOR THE INITIAL ZONING OF APPROXIMATLEY 8.463 ACRES DESCRIBED IN EXHIBIT A OF THIS ORDINANCE AS R-1 ZONE; AND PROVIDING SEVERABILITY, PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE. It was moved by Councilmember Dingman, seconded by Councilmember Smith, to approve the Reasoned Statement of Relevant Criteria and Standards for the Initial Zoning of R-1 Residence Zone for Yorkside, Division No. 3, and give authorization for the Mayor to execute the necessary documents. Roll call as follows: Aye – Councilmembers Dingman, Smith, Marohn, Ehardt, Hally, Radford. Nay – none. Motion carried. Subject: Final Plat, Development Agreement, Reasoned Statement of Relevant Criteria and Standards, Yorkside, Division No. 3 For consideration is the application for Final Plat, Development Agreement, Reasoned Statement of Relevant Criteria and Standards, Yorkside, Division No. 3. The Planning and Zoning Commission considered this application at its April 4, 2017 meeting and recommended approval by unanimous vote. Staff concurs with this recommendation. Also included for reference is the Water Use and Assessment Agreement. Typically this document is signed prior to the plat being approved. However, the document was not able to be presented to the irrigation district prior to the City Council meeting. Staff requests the document be approved and the Mayor authorized to sign so when the irrigation district approves it at their board meeting it can be recorded along with the plat. Councilmember Dingman stated the preliminary plat for this division was approved in 2006 and a revised preliminary play, submitted by the developer, was approved in 2015. This division will include 21 single-dwelling units/lots. She noted this division will connect to a future subdivision development to the east and to the south. It was moved by Councilmember Dingman, seconded by Councilmember Smith, to approve the Development Agreement for Yorkside, Division No. 3, and give authorization for the Mayor and City Clerk to execute the necessary documents. Roll call as follows: Aye – Councilmembers Marohn, Dingman, Ehardt, Hally, Radford, Smith. Nay – none. Motion carried. It was moved by Councilmember Dingman, seconded by Councilmember Smith, to accept the Final Plat for Yorkside, Division No. 3, and give authorization for the Mayor, City Engineer, and City Clerk to sign said Final Plat. Roll call as follows: Aye – Councilmembers Smith, Hally, Dingman, Radford, Ehardt, Marohn. Nay – none. Motion carried. It was moved by Councilmember Dingman, seconded by Councilmember Smith, to approve the Reasoned Statement of Relevant Criteria and Standards for the Final Plat for Yorkside, Division No. 3, and give authorization for the Mayor to execute the necessary documents. Roll call as follows: Aye – Councilmembers Hally, Marohn, Radford, Dingman, Smith, Ehardt. Nay – none. Motion carried. It was moved by Councilmember Dingman, seconded by Councilmember Smith, to approve the Water Use and Assessment Agreement for Yorkside, Division No. 3, and give authorization for the Mayor and City Clerk to execute the necessary documents. Roll call as follows: Aye – Councilmembers Ehardt, Radford, Smith, Marohn, Dingman, Hally. Nay – none. Motion carried. Municipal Services Subject: Bid IF-17-18, Bleacher Seating & Equipment for Sandy Downs 4  May 25, 2017 - Unapproved It is the recommendation of the Parks and Recreation and Municipal Services Departments to accept the sole bid from Southern Bleacher Company, Inc. to furnish bleacher seating and equipment for Phase II and Phase III for a lump sum amount of $36,100.00. A total of $30,000 is budgeted in the 2016/17 Sandy Downs, improvements other than buildings budget. The additional $6,100 over the budget will be covered through project savings in the 2016/17 Parks Administration, improvements other than buildings budget. It is further recommended to reject bids submitted for Phase I and Phase IV due to budgetary restrictions. It was moved by Councilmember Marohn, seconded by Councilmember Smith, to accept the sole bid from Southern Bleacher Company, Inc. to furnish bleacher seating and equipment for a lump sum amount of $36,100.00. Roll call as follows: Aye – Councilmembers Radford, Ehardt, Hally, Smith, Marohn, Dingman. Nay – none. Motion carried. Legal Department Subject: Resolution to Destroy Certain Temporary Documents For consideration is a resolution to authorize the destruction of certain temporary records which have no intrinsic, historical, or other value. Councilmember Ehardt stated this process occurs periodically/annually. It was moved by Councilmember Ehardt, seconded by Councilmember Radford, to adopt the resolution for destruction of certain temporary records, and give authorization to the Mayor and City Clerk to sign the necessary documents. Roll call as follows: Aye – Councilmembers Marohn, Dingman, Ehardt, Hally, Radford, Smith. Nay – none. Motion carried. RESOLUTION NO. 2017-14 A RESOLUTION OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, PROVIDING FOR THE CLASSIFICATION AND DESTRUCTION OF CERTAIN TEMPORARY PUBLIC RECORDS PURSUANT TO IDAHO CODE § 50-907; PROVIDING THIS RESOLUTION TO BE EFFECTIVE UPON ITS PASSAGE AND APPROVAL AND PUBLICATION ACCORDING TO LAW. It was moved by Councilmember Hally, seconded by Councilmember Marohn, to move into Executive Session. The Executive Session has been called pursuant to the provisions of Idaho Code Section 74-206(1)(f) To communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated. The mere presence of legal counsel at an executive session does not satisfy this requirement. The Executive Session will be held in the City Annex Conference Room. At the conclusion of the Executive Session, the Council will reconvene into regular Council Meeting. Roll call as follows: Aye – Councilmembers Dingman, Radford, Marohn, Smith, Hally, Ehardt. Nay – none. Motion carried. The City Council of the City of Idaho Falls met in Special Council Meeting (Executive Session), Thursday, May 25, 2017, in the City Annex Conference Room in the City Annex Building located at 680 Park Avenue in Idaho Falls, Idaho at 7:55 p.m. There were present: Mayor Rebecca L. Noah Casper (by telephone) Councilmember Thomas Hally Councilmember Ed Marohn Councilmember David M. Smith Councilmember John B. Radford 5  May 25, 2017 - Unapproved Councilmember Barbara Ehardt Councilmember Michelle Ziel-Dingman Also present: Mark McBride, Police Chief Ryan Tew, Human Resources Director Randy Fife, City Attorney Kerry Hammon, Public Information Officer Holly Cook, Temporary Assistant in the Mayor’s Office Kathy Hampton, City Clerk The Executive Session has been called pursuant to the provisions of Idaho Code Section 74-206(1)(f) To communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated. The mere presence of legal counsel at an executive session does not satisfy this requirement. There being no further business, the meeting adjourned at 8:15 p.m. and reconvened into regular Council Meeting. It was moved by Councilmember Dingman, seconded by Councilmember Marohn, to add, as an agenda item, consideration of an offer of settlement in Downs V. City of Idaho Falls, CV-2016-4373. The good faith reason for the motion is that the settlement offer was received today and must be considered in order for the parties to meet dates imminent in the Court-ordered schedule. Roll call as follows: Aye – Councilmembers Smith, Hally, Dingman, Radford, Ehardt, Marohn. Nay – none. Motion carried. Councilmember Dingman invited Mr. Fife to present an overview of the settlement. Mr. Fife stated seven (7) plaintiffs had filed a lawsuit against the City alleging there was inappropriate/inaccurate application from the Civil Service Rules that were currently in place when considering a promotion for sergeant. This resulted in an injunction filed by the Court against the City for any promotions to the sergeant position. The City responded with the belief there was no wrong doing. The parties then worked together for a compromise settlement which states both parties will give up their legal position in exchange for moving forward with this agreement. A condition contained in the agreement states one (1) of the seven (7) plaintiffs will be promoted to sergeant, chosen by Chief McBride, within 10 days. Mr. Fife stated that unfortunately one (1) of the police officers passed away during the term of the litigation but his name will symbolically be considered for promotion. The promoted officer will proceed with sergeant pay at that point forward, there will be no back pay. Subsequent condition states the City will pay litigation costs for the plaintiff’s attorney, in the amount of $22,878, within 15 days of dismissal of the law suit. The $5000 deposit for the injunction will be returned to the plaintiffs. There will be no discrimination or mistreatment or failure to consider anyone who applies for sergeant position from this group. Mediation costs will be split equally and each party will absorb their own incidental court costs. This agreement would result in the lawsuit being settled. All plaintiffs, through their attorney, has signed the document. Mr. Fife stated if the Council approves this settlement, the authority would be given to Council President Hally to sign the document which would complete the settlement. Councilmember Ehardt stated she is pleased both parties have come to a conclusion. Councilmember Dingman concurred. It was moved by Councilmember Dingman, seconded by Councilmember Marohn, to accept the Mediation and Compromise and Settlement Agreement as presented and to authorize Council President Hally to sign and execute the necessary agreements. Roll call as follows: Aye – Councilmembers Radford, Ehardt, Hally, Smith, Marohn, Dingman. Nay – none. Motion carried. There being no further business, it was moved by Councilmember Marohn, seconded by Councilmember Dingman, to adjourn the meeting at 8:25 p.m. CITY CLERK MAYOR 6  Honorable Mayor & City Council Chris H Fredericksen June 5, 2017 Professional Services Agreement with Six Mile Engineering for Design Services of the 17th Street and Woodruff Avenue Intersection Improvements Attached for consideration is a Professional Services Agreement for Six Mile Engineering to provide design services for the 17th Street and Woodruff Avenue Intersection Improvements. Under the agreement, which has been reviewed by the City Attorney, Six Mile Engineering will provide engineering services as necessary for a not-to-exceed amount of $250,000.00. The City will be responsible for $18,350.00, which is 7.34% of this amount. Public Works recommends approval of this Professional Services Agreement, and, authorization for the Mayor and City Clerk to sign the document. 2-38-21-3-STR-2016-07 2017-58