City Council

August 10, 2017 The City Council of the City of Idaho Falls met in Regular Council Meeting, Thursday, August 10, 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 Barbara Ehardt Councilmember John B. Radford Councilmember David M. Smith Councilmember Ed Marohn Councilmember Michelle Ziel-Dingman Absent: Councilmember Thomas Hally Also present: Kerry Hammon, Public Information Officer Randy Fife, City Attorney Kathy Hampton, City Clerk All available department directors Pledge of Allegiance: Mayor Casper invited Tom Hersch, local businessman and Parks and Recreation Commission member, to lead those present in the Pledge of Allegiance. Public Comment: Mayor Casper requested any public comment not related to items on the agenda or noticed for a public hearing. Tom Hersch, representative of the Parks and Recreation (P&R) Commission, appeared. Mr. Hersch wants to ensure the Council and leadership continue to recognize the importance of the park system. He believes the economic impact of the park system has been phenomenal in this community and it will continue to grow as long as there is support. He believes failure to support this system would be disastrous. He believes there are challenges including lack of fields and lack of space for growing activities such as lacrosse and the continuing growth of soccer. He also believes the City is far behind other communities which draw tournaments to their facilities. Mr. Hersch wants to ensure the new sprinkler system for Pinecrest Golf Course is moving forward. He also wants to ensure personal agendas are put aside as citizens expect the Council and Mayor continue to make this community better. Jim Dixon, Chairperson of the Westside Water and Soil Conservation District, and Matt Woodard, Chairperson of the Eastside Water and Soil Conservation District, appeared. Mr. Dixon extended an invitation to the Mayor and Council to a farm tour in September showcasing agricultural businesses and their economic impact to the community. Jeff Forbes, Idaho Falls resident, appeared. Mr. Forbes expressed his appreciation to the elected officials as well as City staff. He concurs with Mr. Hersch and believes the P&R Department is crucial to the City. Mr. Forbes believes the proposed land swap of the Bonneville County 4H property with the 911 Dispatch Center is a rare opportunity and he is hopeful the City will find a way to make this land swap occur in the next few weeks. Brandon Lee, president of the Bonneville Youth Soccer League (BYSL), appeared. Mr. Lee also concurs with Mr. Hersch and Mr. Forbes regarding the P&R Department. He voiced his strong support for the P&R Department regarding the partnership with BYSL, indicating the league has contributed ~$175,000 to field improvements over 1  August 10, 2017 the course of several years. He expressed his appreciation to City staff. Mr. Lee stated youth athletics continues to grow, with more than 1000 families currently involved in the leagues. He is hopeful to continue the BYSL partnership with the City and the P&R Department and find ways to continue to improve and, if possible, to increase resources dedicated to the youth sports activities. Steven Parker, Idaho Falls resident, and on behalf of the City taxi drivers, appeared. Mr. Parker believes Uber drivers are overstepping their bounds as, according to their rules, Uber drivers are not allowed to solicit at bars or the airport, or take customers with cash payments. He reviewed the City licensing process requirements for taxi companies and taxi operators and indicated Uber has no regulations. Mr. Parker expressed his frustration and requested the issue be looked in to. Judy Brower, Idaho Falls resident and Treasurer of BYSL, appeared. Ms. Brower stated she has been involved in soccer for numerous years, including committee involvement with the installation of the sprinkler system at the Soccer Complex. She believes the best thing is to continue BYSL partnership with the City as BYSL provided matching funds, as well as league funds, to assist with the lighting system at the soccer fields. Ms. Brower stated BYSL has hosted several tournaments which she believes gives the area youth a positive experience and is also very important to the City. She expressed her appreciation to the elected officials. Herb Pollard, Vice President of Idaho Falls Youth Hockey Association (IFYHA), appeared. Mr. Pollard expressed his appreciation for the support from P&R for the hockey rink and would like that support to continue. He stated there is a phenomenal relationship with the City regarding the improvements to the Ice Arena. He believes it is difficult to give kids opportunities with ice time due to a single rink and is hopeful for a second sheet of ice. Consent Agenda: Idaho Falls Power requested ratification of power transactions with Shell Energy. Public Works requested approval of Bid Award – Elva to Holmes and to North Tourist Park, and Bid Award – Utility Collars – 2017. The City Clerk requested approval of minutes from the July 13, 2017 Council Meeting; and July 14, 2017 Council Budget Session, and, license applications, 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 Ehardt, Marohn, Radford, Smith, Dingman. Nay – none. Motion carried. Regular Agenda: Public Works Subject: Easement Vacation Request – Lot 1 Block 1 KJ’s Sunnyside Division No. 1 The property owners of Lot 1 Block 1 KJ’s Sunnyside Division No. 1 have requested the vacation of a utility easement. The vacation of the easement will allow for better use of the property. All utility services have reviewed and approved the request. Councilmember Ehardt stated KJ’s is planning expansion of their business. It was moved by Councilmember Ehardt, seconded by Councilmember Dingman, to authorize the City Attorney to prepare documents needed to accomplish the easement vacation request for Lot 1 Block 1 KJ’s Sunnyside Division No. 1. Roll call as follows: Aye – Councilmembers Dingman, Radford, Marohn, Smith, Ehardt. Nay – none. Motion carried. 2  August 10, 2017 Municipal Services Subject: Purchase of Remote Meters for Idaho Falls Power Idaho Falls Power and Municipal Services are requesting approval to purchase additional Form 2S Class 200 (REXU) remote disconnect meters from Elster Solutions, LLC, in the amount of $95,950.00. This purchase is to restock the department inventory of remote disconnect meters. Councilmember Marohn stated home installation of the advanced meter system began in 2012. He indicated Elster Solutions is the only company that the City utilizes to purchase the meters. It was moved by Councilmember Marohn, seconded by Councilmember Smith, to approve the purchase of additional Form 2S Class 200 (REXU) remote disconnect meters from Elster Solutions, LLC, in the amount of $95,950.00. Roll call as follows: Aye – Councilmembers Radford, Ehardt, Smith, Marohn, Dingman. Nay – none. Motion carried. Mayor Casper requested an amendment to the agenda which is required for a procedural matter. She stated the amendment to the agenda will add an item at the end of the Regular Agenda to allow Council to proceed into Executive Session. It was moved by Councilmember Dingman, seconded by Councilmember Radford, to amend the agenda as requested by Mayor Casper with the Good Faith reason that this particular item is timely and requires immediate attention as the details were discovered earlier in the day by the director which did not allow adequate time to place the item on the agenda. This item cannot wait for another future Council meeting. The purpose of the Executive Session is pursuant to Idaho Code Section 74-206(1)(b) To consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent, or public school student. Roll call as follows: Aye – Councilmembers Marohn, Dingman, Ehardt, Radford, Smith. Nay – none. Motion carried. Idaho Falls Airport Subject: Acceptance of FAA Grant Offer FAA AIP Project # 3-16-0018-043-2017 For consideration is Federal Aviation Administration (FAA) Grant Offer AIP No. 3-16-0018-043-2017 in the amount of $7,813,597.00 for the Construction Phase of the Rehabilitation of Taxiway A, C and Runway 2/20 project. This grant represents 93.75% of FAA eligible costs, with the remaining costs funded by Airport budgeted resources. Councilmember Radford stated the grant will improve the safety of the Idaho Falls Airport. He expressed his appreciation to Airport Director Craig Davis as well as the aviation community. It was moved by Councilmember Radford, seconded by Councilmember Marohn, to approve Federal Aviation Administration (FAA) Grant Offer AIP No. 3-16-0018-043-2017 in the amount of $7,813,597.00, and give authorization for the Mayor and City Attorney to sign the necessary documents. Roll call as follows: Aye – Councilmembers Smith, Dingman, Ehardt, Marohn, Radford. Nay – none. Motion carried. Community Development Services Subject: Final Plat, Development Agreement, Water Use and Assessment Agreement, and Reasoned Statement of Relevant Criteria and Standards, Carriagegate Division No. 6 For consideration is the application for a Final Plat, Development Agreement, Water Use and Assessment Agreement, and Reasoned Statement of Relevant Criteria and Standards, Carriagegate Division No. 6. The Planning and Zoning Commission considered this item at its July 11, 2017 meeting and recommended approval by unanimous vote. Staff concurs with this recommendation. 3  August 10, 2017 Councilmember Dingman stated this final plat includes 7.412 acres and includes 12 lots for single-unit homes. She indicated a 20’ temporary emergency vehicle easement was required which will be recorded separately from the plat. It was moved by Councilmember Dingman, seconded by Councilmember Smith, to approve the Development Agreement for Carriagegate Division No. 6, and give authorization for the Mayor and City Clerk to execute the necessary documents. Roll call as follows: Aye – Councilmembers Dingman, Smith, Marohn, Ehardt, Radford. Nay – none. Motion carried. It was moved by Councilmember Dingman, seconded by Councilmember Smith, to accept the Final Plat for Carriagegate Division No. 6, 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, Radford, Smith. 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 Carriagegate Division No. 6, and give authorization for the Mayor to execute the necessary documents. Roll call as follows: Aye – Councilmembers Smith, Dingman, Radford, Ehardt, Marohn. Nay – none. Motion carried. It was moved by Councilmember Dingman, seconded by Councilmember Smith, to approve the Water Use and Assessment Agreement for Carriagegate Division No. 6, and give authorization for the Mayor to execute the necessary documents. Roll call as follows: Aye – Councilmembers Marohn, Radford, Dingman, Smith, Ehardt. Nay – none. Motion carried. Subject: Public Hearing – Amendment to Section 10-1-9- of the Subdivision Ordinance For consideration is an amendment to section 10-1-9 of the Subdivision Ordinance which modifies the time in which a final plat must be recorded following approval from 90 days to 180 days. The Planning and Zoning Commission considered this item at its July 11, 2017 meeting and recommended approval by unanimous vote. Staff concurs with this recommendation. Councilmember Dingman stated applicants are frequently requesting extensions of final plats and in most cases, there is no reason not to approve the extensions. She indicated this amendment makes sense to be flexible and business friendly. Councilmember Dingman stated there are various reasons for plat extensions and she commended staff’s response to consistent data of extension requests. She stated Council has the authority to revoke a plat if the extension is not met. Mayor Casper opened the public hearing and ordered all items, including Councilmember Dingman’s explanation, be entered into the record. She requested any public comment. No one appeared. Mayor Casper closed the public hearing. Councilmember Ehardt concurred with the intent of being business friendly. Councilmember Smith commented that developers will still have the option to record a final plat less than the 180 days. Councilmember Radford expressed his appreciation to the Planning and Zoning (P&Z) Commission. Councilmember Dingman stated approximately 30% of developers need plat extensions. It was moved by Councilmember Dingman, seconded by Councilmember Smith, to approve the ordinance amending section 10-1-9 of the Subdivision 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, Radford, Smith, Marohn, Dingman. Nay – none. Motion carried. At the request of Mayor Casper, the City Clerk read the ordinance by title only: 4  August 10, 2017 ORDINANCE NO. 3129 AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, AMENDING CITY CODE SECTION 10-1-9 BY EXTENDING THE TIME FOR THE FINAL PLAT APPROVAL PROCESS; PROVIDING SEVERABILITY, CODIFICATION, PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE. There being no further business, it was moved by Councilmember Dingman, seconded by Councilmember Smith, to move into Executive Session pursuant to Idaho Code Section 74-206(1)(b) To consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent, or public school student. The Good Faith reason for the motion is that the issue and details were just recently discovered and requires immediate attention. The Executive Session will be held in the City Annex Conference Room immediately following the regular Council Meeting. At the conclusion of the Executive Session, the Council will reconvene into regular Council Meeting. Roll call as follows: Aye – Councilmembers Ehardt, Marohn, Radford, Smith, Dingman. Nay – none. Motion carried. The City Council of the City of Idaho Falls met in Special Council Meeting (Executive Session), Thursday, August 10, 2017, in the City Annex Conference Room in the City Annex Building located at 680 Park Avenue in Idaho Falls, Idaho at 8:11 p.m. There were present: Mayor Rebecca L. Noah Casper Councilmember Ed Marohn Councilmember John B. Radford Councilmember Michelle Ziel-Dingman Councilmember Barbara Ehardt Councilmember David M. Smith Also present: Brad Cramer, Community Development Services Director Michael Kirkham, Assistant City Attorney The Executive Session has been called pursuant to the provisions of Idaho Code Section 74-206(1)(b) To consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent, or public school student. There being no further business, the meeting adjourned at 8:15 p.m. It was moved by Councilmember Dingman, seconded by Councilmember Marohn, to add, as an agenda item, consideration of approval of leave without pay for more than 15 days for an employee in the Community Development Services Department. The Good Faith reason for the motion is that the issue and details were just recently discovered and requires immediate attention. Roll call as follows: Aye – Councilmembers Dingman, Radford, Marohn, Smith, Ehardt. Nay – none. Motion carried. It was moved by Councilmember Dingman, seconded by Councilmember Marohn, to approve leave without pay for Debra Petty, an employee in the Community Development Services Department, through October 1, 2017. Roll call as follows: Aye – Councilmembers Radford, Ehardt, Smith, Marohn, Dingman. Nay – none. Motion carried. There being no further business, it was moved by Councilmember Marohn, to adjourn the meeting at 8:20 p.m. s/ Kathy Hampton s/ Rebecca L. Noah Casper CITY CLERK MAYOR 5