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City Council

Regular Meeting

Idaho Falls, ID · September 11, 2017

AgendaMinutes

Minutes

September 11, 2017 The City Council of the City of Idaho Falls met in Special Meeting (Council Work Session), Monday, September 11, 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 (by telephone) Councilmember Michelle Ziel-Dingman Councilmember Barbara Ehardt Councilmember Ed Marohn Councilmember Thomas Hally (arrived at 3:14) Councilmember John B. Radford (arrived at 3:22) Also present: Brad Cramer, Community Development Services Director Bryon Reed, Bonneville County Commissioner Paul Wilde, Bonneville County Sheriff Bryce Johnson, Police Chief Royce Clements, Police Captain Pamela Alexander, Municipal Services Director Kenny McOmber, Treasurer Stacy Scott, Accountant II Jackie Flowers, Idaho Falls Power Director Greg Weitzel, Parks and Recreation Director Chris Fredericksen, Public Works Director Kent Fugal, City Engineer Kerry Hammon, Public Information Officer Randy Fife, City Attorney Kathy Hampton, City Clerk Mayor Casper called the meeting to order at 3:04 p.m. with the following agenda items: Acceptance and/or Receipt of Minutes: It was moved by Councilmember Marohn, seconded by Councilmember Dingman, to receive the minutes from the Planning and Zoning Commission. Roll call as follows: Aye – Councilmembers Marohn, Dingman, Smith, Ehardt. Nay – none. Motion carried. Calendar, Announcements and Reports: Mayor Casper stated several Idaho Falls firefighters are on deployment with various fires. Reimbursement for deployment is received at the federal rate. September 16, Coffee with a Cop, and Idaho Falls Senior Citizen Center fundraiser luncheon September 18, proclamation reading in conjunction with Constitution Week September 19, Walk a Mile in Her Shoes fundraiser for the Domestic Violence and Sexual Assault Center September 28, Idaho Falls Power Board Meeting, and City Council Meeting September 9, the Bonneville County Heritage Association sponsored a tour of Rose Hill Cemetery, this tour may be repeated in October weather permitting October 14, Family History/Genealogy Conference Councilmember Smith had no items to report Councilmember Marohn had no items to report 1 September 11, 2017 Councilmember Ehardt stated the westside River Walk pathway projects have begun Councilmember Dingman had no items to report Area of Impact Re-introduction: Mayor Casper stated the Area of Impact (AOI) calendar began in 2014 between the City and the Bonneville County Planning and Zoning (P&Z) Commissions. Director Cramer stated the two (2) P&Z Commissions have made a recommendation, following a public hearing, in which the recommendation requires review by the City and County for acceptance. He presented the following with general discussion throughout:  What is an Area of City Impact - Director Cramer stated the AOI involves a map and an agreement passed by ordinance between the City and the County. It indicates the area where the City can grow and intends to grow in the future. Criteria determining the agreement includes: trade area, geographic factors, and, areas that can reasonably be expected to be annexed to the City in the future. He stated the agreement should be beneficial to both the City and the County. Director Cramer stated the AOI is not a growth boundary. He indicated Category A annexations can occur outside the AOI boundary, unlike Category B or C annexations which cannot occur outside the AOI boundary.  Why it is important to plan for the AOI - Director Cramer stated a City cannot legally annex property without an established AOI. The Local Land Use Planning Act (LLUPA) list 12 steps for planning by Cities and Counties. Several of those steps include: protect property rights; ensure that adequate public facilities and services are provided at reasonable cost; encourage urban development with Cities; provide a way for Cities to grow that is cost effective for residents. Statutory requirements checklist includes: ordinance; map; negotiation and renegotiation; review.  Responsibilities - Cities/Counties – negotiate an AOI plan and ordinance; adopt map of AOI; adopt ordinance for Comprehensive Plan & regulations within AOI; review AOI every 10 years. Cities – AOI before annexation Counties – implement plan within AOI; enforce regulations within AOI Director Cramer the criteria to determine the AOI is not well defined by the State. He stated best practices “in the future” include: at least ten years; difficult to plan accurately more than twenty years; ideal to match with Comprehensive Plan(s); match infrastructure plans. Director Cramer reviewed the AOI timeline. He stated he prefers to have this AOI completed before the end of 2017 due to the upcoming election and to avoid re-education of newly elected officials. He reviewed maps outlining the current City AOI boundaries, overlapping boundaries, and potential growth areas. He indicated there is approximately 215 acres of average growth per year. He stated Community Development Services staff does not believe the boundary line is the most important factor as he shared staff’s concern with growth standards. He believes the boundary would be acceptable if a better relationship could occur with the County along with an increase of standards. Director Cramer reviewed the City Comprehensive Plan map. He believes it would be appropriate to reduce the Comprehensive Plan to be closer to the AOI. He reviewed an updated recommended map as approved by the City and County P&Z Commissions. He stated this map would allow approximately 26 years of growth. Director Cramer also reviewed the County Comprehensive Plan map. He stated the County views the Comprehensive Plan as a pre- zoning map and the County believes reduction of the area of their Comprehensive Plan would reduce their rights to development. He indicated future discussion will need to occur regarding this issue. Director Cramer reiterated the proposed agreement would require enforcement by the County. Minor changes should/may include:  City to adjust Comprehensive Plan to be closer to AOI boundaries and make minor adjustments to better reflect existing land uses  Bonneville County to adjust zoning ordinance changes to better match City’s ordinance  P&Z Commissions to meet annually and as needed to review growth and development  City and County Public Works Departments to review infrastructure standards to see if any additional changes need to be made to County standards 2 September 11, 2017 Major changes should/may include:  Development agreements for County developments to require City standards for infrastructure and requirement for annexation for properties that receive a City utility  City to write an annexation policy  When contiguous land proposed for rezoning in County, County will not consider until an annexation application has been submitted and denied  City to consider extension of water and sewer service to properties in AOI with specific conditions Director Cramer indicated discussion has occurred with Public Works regarding service extensions and believes Public Works is not in favor of offering utilities. He believes the only advantage to consider extension of utilities is for the ease of future annexations. Director Cramer stated future discussion regarding the area surrounding the I-15 Interchange at Sunnyside may need addressed. He also indicated utility extensions may need to be discussed as well. Next steps include:  Determine as a Council satisfaction with the P&Z recommendation  Meet with County Commissioners at least once to discuss the recommendation and any possible changes. The number of meetings depends on the Council and Commission level of acceptance of the map and agreement.  Once satisfied, prepare and pass two (2) ordinances: one (1) for the map and one (1) for the standards and processes. After general comments and discussion, there was consensus of the Council to finalize the AOI prior to January. Director Cramer will propose a schedule for additional discussion. Commissioner Reed indicated he would prefer coordination of meetings as soon as possible. Real Estate Land Transfer with Bonneville County Discussion: Mayor Casper indicated Councilmembers were assigned to assist with County topics per previous discussion/meetings. She stated this particular item was assigned to Councilmember Smith who has provided background information and insight to the proposed real estate land transfer of the 4H Building and the 911 Dispatch Center. Councilmember Smith stated a concerted effort has been made for numerous years to provide the best joint law enforcement services for the City and the County and the Dispatch Center is a very important piece of the law enforcement organization. He believes an overall law enforcement evaluation should occur, not just one piece of the service, to determine how to proceed. He does not believe the Dispatch Center should be considered to accomplish a trade. He indicated if the City wants the 4H property, the City should purchase the 4H property. To respond to Councilmember Marohn, Councilmember Smith indicated, upon review of other counties/cities, there is no best practice for law enforcement. Sheriff Wilde stated 90% of dispatch centers in the State of Idaho are governed by the County. He indicated in 1977 there was a joint agreement between Bonneville County and the City for dispatch. He stated per the agreement, the City elected to discontinue the jail service within the City Building, therefore an agreement was made to construct the Law Enforcement Building (LEB) and to include the jail and dispatch services. Obligation for the jail would be administered by the County, and dispatch, which would be combined for the entire County, would be administered by the City. Sheriff Wilde believes the land and the building are assets for the City and the County and any agreements are for the service of the community. Councilmember Hally noted the City has expressed interest in the 4H Building for several years. Director Weitzel concurred. Director Weitzel commended Commissioner Reed for his assistance with this item. He stated discussion originally occurred regarding a land swap of property at Sandy Downs for the 4H Building, however, the County located alternate property in close proximity to Sandy Downs. Director Weitzel stated one of the major issues in the Tautphaus Park Master Plan is to expand the zoo. He believes the 4H Building is the logical choice and preferred location for the Zoo Education Center. He also believes this location would make economic sense. He indicated the location for the Zoo Education Center needs to be determined as soon as possible per the Memorandum of Understanding (MOU) with the Maeck Foundation donation. Mayor Casper noted the MOU was signed prior to any land swap discussion, therefore, it was anticipated the Zoo Education Center would be constructed on the existing park property. She believes the 4H property may be 3 September 11, 2017 a more suitable location. Mr. Fife clarified, per the MOU, the default location for construction of the Zoo Education Center has been determined, unless the donor agrees to construct elsewhere. Mayor Casper stated conversation has occurred with the Maeck Foundation regarding an alternate location. Councilmember Radford indicated the Maeck Foundation is in favor of the 4H property. Chief Johnson believes public safety should not be sacrificed. He stated dispatch is one of two vital public safety operations and the dispatch facility is a vital operation center. He believes adjustments need to be made with the agreement although public safety should be the decision-making factor. He reviewed the number of services/calls by Police, Fire, and County noting the Idaho Falls Police Department (IFPD) is the largest user of dispatch. He stated he is not in favor of a County owned/City contracted dispatch. Chief Johnson is favorable of the zoo but he requested an additional option for the zoo to ensure this land swap does not negatively affect the Dispatch Center. He believes there are current restrictions with the building and giving up ownership of the building gives up the ability to have an influence on the decisions. He reiterated dispatch services are mission critical to the public safety departments which he believes should be the driving factor of this discussion. Sheriff Wilde concurred. Commissioner Reed stated once the alternate location of 4H property became available for the County he suggested the Dispatch Center as an equitable solution. He stated there was no discussion of leverage or control of the Dispatch Center however, he does not believe the ownership would make any difference. He also believes additional issues and improvements need to be resolved. Councilmember Ehardt stated she was not in favor of the Sandy Downs 4H property exchange. She concurred with Commissioner Reed wanting to have a win-win situation. Councilmember Dingman expressed her concern for future binding of agreements. Brief discussion followed regarding ownership of the building. Councilmember Radford believes, per the agreement, no changes can occur. Chief Johnson believes there is a fundamental difference between owning and renting. He believes the IFPD is losing in this potential situation. Sheriff Wilde stated he will work with Chief Johnson as law enforcement agencies as he is dedicated to dispatch as they are extremely important to law enforcement. At the request of Mayor Casper, Sheriff Wilde briefly reviewed the function of the Multi Agency Board (MAB). He stated the MAB is an advisory board to ensure dispatch operates efficiently and effectively. Brief discussion followed regarding 911 funds. Mr. Fife indicated no documents have been produced on the City level regarding collection of 911 funds, the MAB, agreements of dispatch functions, or tracking of contributions for expenditures. He indicated he has submitted a request to the County for said agreements. Mr. Fife believes the relationship of a landlord or tenant changes due to the ultimate control, however, he indicated an agreement could address any concerns. Brief discussion followed regarding agreements/contracts. Director Flowers stated Idaho Falls Power (IFP) has a fiber hub site (points of connection) located at the Dispatch Center. She stated this infrastructure allows IFP’s dispatch center to monitor the conditions of the system and respond to outages. She believes IFP’s use of the building is incidental to the primary function. She believes public safety should be the primary driver and any use of the building should be based on primary needs of emergency services with a written agreement. Mayor Casper requested Council’s preference to proceed forward. Councilmember Radford prefers an agreement regarding ownership. Councilmember Hally is in favor of the swap. Councilmember Marohn prefers a document to address all issues including rent, maintenance, and the City and County’s role in the event of a land swap. Councilmember Dingman believes issues have been occurring over the course of time, at this time she is hesitant to request any documentation. Mayor Casper indicated all costs will need to be considered with a land swap or an outright purchase of the 4H property. Commissioner Reed stated the County will surplus the 4H property after August 2018. He believes the option for the City to purchase the property could occur over the course of time. Councilmember Smith believes the 4H property would be the best location for the Zoo Education Center and any purchase or swap would still cost money. He prefers a joint law enforcement agreement separate from the 4H property. Councilmember Marohn prefers to see all City and County costs relative to the Dispatch Center. Mayor Casper proposed a MOU be presented for Council in the near future. 17th Street Median Program and Public Involvement Update: Director Fredericksen stated 17th Street is one of the most-utilized streets. He then turned the presentation to Mr. Fugal with general discussion throughout: Access Management Principles –  Managing and planning the spacing and design of driveways; median openings; traffic signals; interchanges  Primary benefits improve safety and capacity, and extend function life of the roadways  Improves safety by limiting conflict points and reducing speed differential 4 September 11, 2017  Functional area of an intersection includes the areas leading to and from the intersection, and vehicle interaction. Medians would limit the traffic movements that occur within the traffic area to improve safety. 17th Road Safety Audit (RSA) Recommendations –  Close/consolidate driveways at numerous locations along 17th Street  Install median curbs to prevent left turns to/from driveways that are too close to intersections Mr. Fugal reviewed RSA recommendation of a median at 17th Street and Rollandet. Future projects include implementation of the RSA recommendations at this intersection as well as improvements to the 19th Street railroad crossing and the 19th Street/Leslie Avenue intersection.  2018 Federal-Aid projects include a mill and overlay as well as 17th Street median curbs at intersections of Boulevard; Holmes Avenue; June Avenue; Jennie Lee Drive; St. Clair Road; Woodruff Avenue; and Channing Way. Mr. Fugal briefly reviewed each intersection per the RSA recommendations. Public/property owner involvement –  Meet one-on-one with property owners and businesses directly affected by the curb installations  Work with the Public Information Officer to release information to the public  Post plans on website Mr. Fugal stated potential future median curb treatments to occur at Sunnyside Road and Woodruff Avenue, and, Hitt Road and Brianne Avenue. He indicated all projects are projected for summer of 2018. Final design packet will require submittal to Local Highway Technical Assistance Council (LHTAC) in the near future. Mayor Casper requested concerns from the Council prior to Public Works staff submitting said paperwork with regard to potential public comments. Councilmember Ehardt believes these projects, due to the poor planning of 17th Street, will be beneficial to the public. There were no other Council comments. Purchasing State Statute Changes Discussion: Director Alexander stated changes to State Statute regarding purchasing were effective July 1, 2017. The proposed resolution would conform to State Statute 67-2803, and would allow the Mayor to approve contracts or purchases less than $50,000 and procurement of goods and services that have been previously budgeted. Director Alexander reviewed State Statute changes to Public Works construction stating solicitations for bids/quotes (sent to a minimum of three licensed contractors) have increased from $25,000-$100,00 to $50,000-$200,000. Councilmember Ehardt expressed her concern for the increase, including change orders. Mayor Casper stated when Council sets the budget several projects are already identified and approval of the expenditure is given at that time. She believes this process shows trusts and professionalism of directors. Director Fredericksen stated this resolution helps business move faster on smaller contracts. He stated change orders thresholds are set by a separate resolution with the amount of the change orders set by contract amount. Councilmember Ehardt suggested the proposed resolution threshold be raised but at a lower amount. After additional brief comments there was consensus to include this item on the September 14 Council Meeting agenda. Proposed Utility Service Write-off Discussion: Director Alexander stated this is an annual item which follows the process to determine if an account is deemed uncollectable. She stated the proposed write-off = $295,188.42 for calendar year of 2012, which is less than half a percent of total revenue for 2012. She indicated the 2011 write-off = $338,346.04. She stated staff follows a moderately aggressive process for collections and she commended the team effort of staff. She stated delinquent accounts are continually tracked for possible future collection. Mr. McOmber stated conservation loan write-off amounts to approximately $13,000, which is included in the total proposed write-off. This item will be included on the September 14 Council Meeting agenda. Christmas Day Alcohol Ordinance Revision Discussion: Mayor Casper indicated this item was requested by community members. Director Alexander stated restaurants are not currently allowed to sell beer or wine on Christmas Day. This amendment would conform with State Code 23- 10-12 to allow such sales. She stated the amendment also includes a time extension from 1a.m. to 2a.m. Mr. Fife clarified the State allows Cities to make a local adjustment to State Code. Mayor Casper believes this is a commerce issue. This item will be included on the September 14 Council Meeting agenda. 5 September 11, 2017 There being no further business, it was moved by Councilmember Marohn, seconded by Councilmember Dingman, to adjourn the meeting at 6:39 p.m. and move into Executive Session. The Executive Session has been called pursuant to the provisions of Idaho Code Section 74-206(1)(c) To conduct deliberations concerning labor negotiations or to acquire an interest in real property which is not owned by a public agency. At the conclusion of the Executive Session, the Council will not reconvene into regular Work Session. Roll call as follows: Aye – Councilmembers Radford, Ehardt, Hally, Smith, Marohn, Dingman. Nay – none. Motion carried. The City Council of the City of Idaho Falls met in Special Meeting (Executive Session), Monday, September 11, 2017, in the City Annex Conference Room, in the City Annex Building located at 680 Park Avenue in Idaho Falls, Idaho at 6:43 p.m. There were present: Mayor Rebecca L. Noah Casper Councilmember Ed Marohn Councilmember Michelle Ziel-Dingman Councilmember Thomas Hally Councilmember John B. Radford Councilmember David M. Smith (by telephone) Councilmember Barbara Ehardt Also present: Randy Fife, City Attorney Michael Kirkham, Assistant City Attorney Greg Weitzel, Parks and Recreation Director The Executive Session has been called pursuant to the provisions of Idaho Code Section 74-206(1)(c) To conduct deliberations concerning labor negotiations or to acquire an interest in real property which is not owned by a public agency. There being no further business, the meeting adjourned at 7:01 p.m. s/ Kathy Hampton s/ Rebecca L. Noah Casper CITY CLERK MAYOR 6

Agenda

Honorable Mayor and Council Brad Cramer, Director September 8, 2017 September 5, 2017, Planning Commission Action Planning Commission took the following action during the September 5, 2017 meeting. 1. ANNX17-005: ANNEXATION/INITIAL ZONING OF C-1 (LIMITED RETAIL BUSINESS). M&B 14.647 Acres Secs 22 & 23 T 2N, R 37E (Shively). Generally south of W Broadway, west of S Troy Ave., north of Pancheri Dr., and east of S Bellin Rd. Recommended approval as presented. 2. RZON17-008: REZONE. Removal of PT-1 Zone, East Half Blocks 24 & 37 Highland Park. Generally south of Science Center Dr., west and north of US Hwy 20 & east of Fremont Ave. Recommended approval as presented. 3. RZON17-009: REZONE. Amend Table 6, Billboards, Chapter 9, Sign Code of Title 7. Recommended denial as presented. 4. PLAT16-003: FINAL PLAT. Grandview Storage Units. Generally south of Sawtelle St., west of Foote Dr., north of Grandview Dr., and east of N Skyline Dr. Recommended approval as presented. 5. PLAT17-016: FINAL PLAT. Televison Park Addition, 1st Amended. Generally south of E 12th St., west of St. Clair Rd., north of E 17th St., and east of S Holmes Ave. Recommended approval as presented. 6. PLAT17-018: FINAL PLAT. Action Sports Addition, Division No. 2. Generally south and east of N Yellowstone Hwy., east of Hollipark Dr., and north of Lincoln Rd. Recommended approval as presented. 7. PLAT17-021: FINAL PLAT. Eagle Rock Town Center, Division 4. Generally south of Broadway, west of S Utah Ave., north of Pioneer Rd., and east of I-15. Recommended approval as presented. RECOMMENDED COUNCIL ACTION: To receive recommendation(s) from the Planning and Zoning Commission pursuant to the Local Land Use Planning Act (LLUPA). BGC/dp cc: File Idaho Falls Sister Cities Youth Meeting July 17, 2017 Attendees: Cameron Archer Rachel Cebull Ian Finnigan Jacobi Retallic Jenna Bauer Jackie Corbridge Alexia Lords Don Rueff Karen Bauer Tate Corbridge Maureen Miaullis Janet Rueff Max Benjamin Garrett Corbridge Caitlin Miaullis Zoe Sehlke Misty Benjamin Brennan Corbridge Jorge Padron Rebecca Smith Maggie Boring Dave Eaton Brenda Padron Whitney St. Michel Elliot Boring Kylie Eaton Gabe Padron Ian St. Michel Wendy Boring Katie Eaton Kendra Peck Anna St.Michel Melinda Cebull Victoria Estrada Nathan Peck Stephanie Van Ausdeln Peter Cebull Mario Estrada Dallin Peck Nicholas Cebull Karen Finnigan Laurie Retallic Business Section of the Meeting Minutes: The July 5th meeting minutes were provided to the group by email. Victoria motioned to approve the minutes and Maureen seconded her motion. Language Lessons: The next language less will be held from noon to 1:30 at the library on 7/18. Contact Rachel (rcebull@gmail.com) if you have questions. Hosting Preparations: RSVP Forms: Whitney collected the RSVP forms and Peter collected the money. She passed out t-shirts to people who had paid for them. Whitney answered questions about the RSVP forms. If you are driving on your own to Yellowstone and/or Lagoon or have zoo or museum memberships, please indicate this on the RSVP form. Whitney will be buying the rodeo tickets this week, and she will need to have the numbers and money to purchase the tickets. Speeches: Rachel went through the speeches with the students and adults giving speeches. Hosting Food and Equipment Sign-ups: Members will be bringing potluck items to the following meals:  Friendship Garden (7/27) – Check with Wendy if you haven’t signed-up  Welcome Dinner (7/28) – Whitney has this sign-up and will send it out.  Rodeo Dinner (8/3) - Whitney has this sign-up and will send it out.  Farewell Dinner (8/5) Whitney has this sign-up and will send it out. Whitney will bring the plates, cups, and flatware to all of the meals. Melinda will bring coolers with water and lemonade to the Friendship Garden. Wendy will pass them on to Kendra to use at lunch. Brenda will bring additional coolers with lemonade and water to the Welcome Party and tables and chairs. ** If you are coordinating a meals and need coolers, tables, or any other equipment, let Whitney know. Welcome Bags: Whitney has t-shirts, spud bars, Yellowstone pens, and a small note pad for each student and chaperone. Translation: Haruka has asked us to provide talks from as many of the activities as possible in advance. She would like to be able to translate as much as possible ahead of time. Rachel will try to translate as many of the preplanned Idaho activities as possible but may need help with some of the more difficult translations. Farewell Dinner: We talked about the activities during the party. The students will show the Japanese student a little bit about how we celebrate Halloween, Easter, Christmas, and Thanksgiving. The students should come in Halloween costumes so they can trick-or-treat in a nearby neighborhood. Idaho families should bring Easter baskets and Halloween containers for the students to use to collect candy and use during the Easter egg hunt. Idaho families should bring a small (~$5) wrapped Christmas present for anyone who wants to participate in the gift exchange and their Japanese student. Farewell speeches and group gifts will be presented at the dinner. Gifts: People asked about gift ideas for their Japanese student. Some suggestions were:  Idaho souvenirs  Farmers’ Market or Art Walks may provide unique Idaho items  T-shirts, hats, calendars  Beef jerky, candy You can buy gifts during the visit after you know more about what your student likes. August Meeting Katie asked if there was any reason to meet in August. We usually don’t meet in August unless there is a special reason. The group decided not to meet in August. Student Section of the Meeting The students went over all the jobs that they would do throughout the trip. They each signed up for about four. We also watched a video that the Japanese sent us introducing most of the delegates coming to Idaho. Rachel then recorded us introducing ourselves similarly to theirs, and she posted the recording to Facebook for the Japanese to see. Motion to adjourn was made by Maureen and seconded by Karen. Comprehensive Plan. The Bonneville County Comprehensive Plan shall apply to the area of impact. The Comprehensive Plan maps of each jurisdiction were reviewed and found to be generally compatible with each other. Idaho Falls should make minor adjustments to its Comprehensive Plan map within the area of impact to be more consistent with Bonneville County’s Comprehensive Plan, as outlined below. Future amendments to the City of Idaho Falls and Bonneville County Comprehensive Plan, within the area of impact, should be coordinated between Bonneville County and the City of Idaho Falls, where possible. Recommended changes to the Idaho Falls Comprehensive Plan map: 1. Idaho Falls should amend its Comprehensive Plan to reduce the size of the plan area to more closely match the boundaries of the area of impact. 2. Idaho Falls should amend its Comprehensive Plan in the area along Lincoln Road, generally between 15th East and 25th East to match the Bonneville County’s designation. 3. Idaho Falls should amend its Comprehensive Plan in the area south of Sunnyside, west of the Carriage Gate Subdivision to match the County’s “industrial” designation. 4. Idaho Falls should add a commercial node to their Comprehensive Plan map at the intersection of 65th South and 15th East. Zoning Ordinance. Bonneville County should amend its Zoning Ordinance, within the area of impact, to be compatible with Idaho Falls Comprehensive Zoning Ordinance, as outlined below. The amended Zoning ordinance of Bonneville County shall apply to the area of impact. Recommended changes to the Bonneville County Zoning Ordinance: 1. Add a minimum landscaping requirement of 20% of the total lot area as is done in the County’s C-2 Zone within the C-1, HC-1, P-B, I&M-1 Zones. 2. Remove hatcheries as an allowed use within the C-2 Zone. Subdivision Ordinance. The Bonneville County Subdivision Ordinance shall apply to the area of impact. The Idaho Falls and Bonneville County Public Works Departments should review and compare City and County infrastructure standards and determine whether amendments are necessary to make the County standards compatible with City standards within the area of impact. Development Agreements. Bonneville County should enter into development agreements with owners, tenants, and developers of property located within the area of impact. The purpose of these development agreements should be to address the implementation of standards for development in the area of impact, as agreed to by Bonneville County and the City of Idaho Falls. Development agreements for properties requesting a utility service from the City of Idaho Falls should include language requiring the property to be annexed upon the property becoming contiguous to the City’s corporate limits. Annexations. City of Idaho Falls should adopt a written annexation policy as part of the area of city impact agreement. Annexations to the City of Idaho Falls shall be in accordance with Idaho Code. When land is proposed for rezoning in the area of impact and such land is eligible for annexation per State Code, Section 50-222(i.e. is contiguous to city limits), Bonneville County should not approve requests for rezoning unless the applicant has filed a request for annexation and initial zoning, of a similar zone, to the City of Idaho Falls and the City has denied the request. Utility Extensions. In its sole discretion, the City of Idaho Falls may offer to provide utilities to properties within the area of impact. If such service is requested, the cost to extend and connect to such utilities shall be borne entirely by the applicant, developer, or recipient of the services unless otherwise agreed. The City should provide for a cost recovery program to reimburse the developer for installing new infrastructure that will be used by other future developments. As a prerequisite for service, any recipient of City utilities in the area of impact shall enter into a development agreement requiring the property to be annexed immediately upon the property becoming contiguous to the City’s corporate limits. Electric utilities may be provided pursuant to agreements with Rocky Mountain Power and Idaho Code. Existing Developments. When developments approved by Bonneville County, (including phased development), are annexed into the City of Idaho Falls, prior to completion of all of the phases, they may continue to develop remaining phases according to the standards established at the time of approval. If City of Idaho Falls utilities are requested, the City may require any necessary upgrades to utility infrastructure in order to meet City standards. Tax supported infrastructure shall be grandfathered upon annexation. Administration and Enforcement. Bonneville County shall be responsible for administration and enforcement this agreement. Final decision making authority in the area of impact shall be retained by Bonneville County. The Bonneville County Planning and Zoning Commission shall act as the Planning and Zoning Commission for unincorporated areas within the area of impact. The Bonneville County Commissioners shall appoint one resident of the City or its impact area as a representative to the Bonneville County Planning and Zoning Commission. The City Council may submit nominations for the Bonneville County Planning and Zoning Commission to the Chair of the Board of County Commissioners. At least twenty (20)days prior to the Bonneville County Commission or Planning and Zoning Commission taking action on an applications for rezones, conditional use permits, comprehensive plan changes, and subdivision plats, the Zoning Administrator of Bonneville County should submit those application materials to the City Community Development Services Department for review and comment. City Review. For any development which includes utilities that will be connected to the City of Idaho Falls utilities, Bonneville County shall forward all improvement drawings, development agreements, and final plats to the City of Idaho Falls for review and comment on those items that will be connected to City of Idaho Falls utilities or maintained by the City. The City of Idaho Falls will return comments to Bonneville County within fifteen (15) days of receipt. Bonneville County shall forward City of Idaho Falls comments to the applicant for corrections. If the City of Idaho Falls comments and corrections regarding utility infrastructure and connections are not made and enforced by Bonneville County and infrastructure is not built and inspected to City approved standards, the City of Idaho Falls may reject acceptance of the infrastructure improvements and not provide utility service to the development. Bonneville County shall allow the City to inspect any of the installed infrastructure for compliance. Renegotiation. Renegotiation shall follow the procedures outlined in Idaho Code Section 67-6526. Periodic Review. Bonneville County and the City of Idaho Falls Planning and Zoning Commissions should meet at least annually and on an “as needed basis” to review growth and development within the area of impact, the City of Idaho Falls, and Bonneville County. At such meetings the Planning and Zoning Commissions may recommend that Bonneville County and the City of Idaho Falls revise part or all of the area of impact agreement or to not revise the agreement. If it is determined by the two Planning Commissions that only minor changes are needed and are jointly agreed to by the two Planning Commissions then a simple hearing schedule process may be used to make those changes (rather than implementing the full renegotiation process). Severability. The provisions of this ordinance are severable. In the event, any provision hereof is determined to be unenforceable or invalid, such determination shall not affect the validity of the remaining provisions. Effective Date. This ordinance shall be in full force and effect from and after its execution by both the City and County and passage and publication as required by law. Proposed Area of City Impact Boundary N 25TH EAST (HITT RD) Legend N 5TH EAST (LEWISVILLE HWY) RD) Proposed Area of Impact W 65TH NORTH (EAMES RD) EST W 65TH NORTH (TOWER RD) E 65TH NORTH (TOWER RD) RIVE ¯ R Current Area of Impact ER R D (W Current City Boundaries N RIV Snake River N 35TH WEST (OSGOOD RD) E 49TH NORTH (TELFORD RD) N 5TH WEST (EAST RIVER RD) N 15TH EAST (ST LEON RD) D Y BLV ) HW RD AY NE NA DS O 20 ST LIN (IO Y W R TH HW LL O W 33RD NORTH (SNARR RD) E 33RD N O US E IONA RD Y E E IONA RD N ST N 26TH WEST (OLD BUTTE RD) EY N HOLMES AV L AN ST HE M M E RT A V N BOULEVARD AV NT FRE M O TE INTERSTA SCIENCE C E NT ER DR W 17TH NORTH (AIRWAY RD) E ANDERSON ST LINCOLN RD LINCOLN RD ERSTA T 15 INT E 15 RD GRAND V I E W DR W ELVA ST LE E ELVA ST MI BU RI V TT N WOODRUFF AV E NO N SKYLINE DR E RT SID HG ER OL D AT GARFIELD ST N BELLIN RD N E DR FS LOMAX ST W BROADWAY TAH T ES E 1ST ST AV OR IA DS T LD S OLD BUTTE RD T NU R BIR CH S WOODRUFF AV Y E 5TH ST JOHN A D AMS PKW ME M ST S SKYLINE DR S BELLIN RD AS H HO EL ST E 9TH ST PANCHERI DR M ES V AL ST E 10TH ST OP A AV P IT E 12TH ST V AV ZL S U T AH S CA YA AS HMENT AV G RI Z S BOULEVARD W 17TH ST W 17TH SOUTH (MILL RD) E 17TH ST S 35TH WEST (NEW SWEDEN SCHOOL RD) W 19TH ST WY ROLLANDET AV PK E 25TH ST R VE RI E 25TH ST K E A SN C H A NN I N G WY W SUNNYSIDE RD E SUNNYSIDE RD W 33RD SOUTH (PIONEER RD) S HOLMES AV TO NE AV EL LO WS SY W 49TH SOUTH W 49TH SOUTH (TOWNSHIP RD) E 49TH SOUTH (TOWNSHIP RD) S 15TH EAST (ST CLAIR RD) S 15TH WEST (JAMESTON RD) W 65TH SOUTH (YORK RD) E 65TH SOUTH (YORK RD) E 65TH SOUTH (YORK RD) S 25TH EAST (HITT RD) S 5TH WEST (PARK RD) TO NE HW E 73RD SOUT H Y EL LO WS S 1ST EAST SY W 81ST SOUTH W 81ST SOUTH (COTTON RD) E 81ST SOUTH City Council Proposed real estate Mayor Rebecca Casper land transfer with September 8, 2017 Bonneville County Attached please find a report from Councilman David Smith which provides background and insight with respect to the many issues surrounding the proposed real estate land transfer with Bonneville County. As you will recall, Councilman Smith was assigned to represent the Council in this matter. In preparation for the scheduled discussion in the City Council Work Session on Monday September 11th, I recommend review of the report. I wish to extend my thanks to Councilman Smith for this thorough report which will ensure a well-rounded discussion. Report to the Mayor and City Council City/County Property Exchange Fair Grounds/Dispatch Building Purpose The purpose of this report is to provide the information necessary for the Mayor and City Council to make an informed decision regarding whether to exchange the building owned by the City of Idaho Falls, occupied by the 911/Dispatch center (Dispatch) with the Fairgrounds property owned by Bonneville County. The potential exchange would accommodate a new location for the construction of The William J. Maeck Education Center. According to the terms of the donation for the construction of the Education Center, construction must be substantially commenced before June 1, 2018 and substantially completed by October 1, 2020. The Donation Agreement specifies the exact location for the construction, but allows for the selection of an alternative location. On the surface, the exchange seems logical and beneficial to both parties. However, there are multiple City Departments that have identified complications regarding the exchange of the Dispatch. It should be noted that the concerns expressed regarding the exchange are not based on personal agendas or from government bodies inability to work together as someone may have suggested, but on real, long term costs. Sources of Information Discussions with: Bonneville County Commissioner Bryon Reed Bonneville County Sherriff Paul Wilde Idaho Falls Police Chief Mark McBride Idaho Falls Police Chief Bryce Johnson Idaho Falls Fire Chief Dave Hanneman Idaho Falls City Attorney Randy Fife Director of Idaho Falls Power, Jackie Flowers Documents: Idaho State Statues Memorandum of Directors meeting Lease Agreement of Dispatch dated October 29, 2012 MOU Zoo Education Center Donation Law Enforcement Building Agreement Memo Exchange An exchange is essentially a purchase, made by two or more entities whereby property ownership is traded, with or without additional cash (Boot) changing hands. Properties of equal value can simply be exchanged, and properties of unequal value require some other form of boot, or cash to equalize the values traded. Properties Dispatch The Dispatch building is a former fire station. The Dispatch houses the 911 emergency call center, and the dispatch employees. In a simplistic view, an incoming call is a 911 emergency function, while an outgoing call assigning the appropriate first response, is a Dispatch function. The Dispatch building is leased to the County as the 911 emergency response center for $2,515.44 per month. The current 20 year lease was signed October 8, 2012 and contains an option to renew for an additional 10 years. There is a five year inflation adjustment to the monthly lease payment (and each five year anniversary). The City is responsible for exterior maintenance and the County is responsible for the interior maintenance and utilities. At the end of the lease, all additions to the premises become property of the City, except for furniture and fixtures that are not permanently attached. The Dispatch houses a fiber hub belonging to Idaho Falls Power and a utility meter receiver is attached to the antennae. I received two different explanations for the location of the Fiber Hub. One was the County requested access to fiber for faster speed than the T1 line that existed. The other is the City asked for the space to house the hub. I also received two different explanations for the space in an electronics rack used by the hub. First, the City owned a rack that was in place, and that rack was removed and consolidated to save floor space. The other explanation, only one rack was ever there. The hub and associated equipment could be relocated to another City owned property (Recreation Center) at a cost. The meter reading receiver can be relocated if permission can be obtained from the FAA. Both would take time. Currently, the plan is to move the receiver to another space on the same antennae and then test to see if it causes any interference. I am not aware that the receiver has ever caused any interference, even in the existing location. The dispatch employees (23) are employees of the Idaho Falls Police department. The 911 Center manager is an employee of the County, paid out of 911 funds. The County has also placed IT personnel in the building that are paid from County funds, but the space the County IT employees occupy is paid for out of 911 funds (included in the lease). The expenses of the 911 Emergency Center are paid by a tax on phone lines and cell phones. The County administers these funds and does not own the 911 system. The City pays the expense of the Dispatch function from City taxpayer general funds (Police Department budget). The County taxpayers do not have any actual cost for either the 911 Emergency Center or Dispatch. Ammon, Iona, and Ucon contribute towards the Dispatch based on contracts with the City. Other incorporated cities in Bonneville County, ambulance dispatch calls outside of the County or fire districts do not share the cost of dispatch. The City budget for dispatch is $1,300,000 annually, Ammon pays $118,068, Iona pays $9,122, and Ucon pays $3,600. Approximately $250,000 of 911 tax funds were originally spent to remodel the Dispatch Center. In return, the City charges a below market lease rate for the 911 Emergency Center. Recently the Police Department paid $300,000 and the Fire Department paid $100,000 towards the purchase of new 911 software (New World ERP from Tyler Technologies). The County presumably disbursed matching funds from the 911 funds. The City share of the annual maintenance for the software is $31,000. New World provides a mapping system for first responders, but the Police Officers use Google maps instead, because it works better. Fairgrounds The Fairgrounds includes a heated building used for 4H indoor displays and other events (the Hamilton Building) three livestock barns (sheds), and a heated, but uninsulated sales building. The Fairgrounds are contiguous to the Idaho Falls Zoo, separated by a road that the Tautphaus Park Master Plan designates to be abandoned. Access to the Fairgrounds would allow the Zoo to be open more months per year, thereby spreading fixed costs over more time and customers. However, the Fairground property will require additional funds to actually place the buildings in use. Meaning the Zoo will be requesting budgeted funds for remodeling in the near future. Obtaining the Fairgrounds for the Zoo could be a very desirable addition to the Zoo, but exchanging the Dispatch could include an ongoing annual cost to the City. Appraisals Actual third party appraisals have not been prepared (or ordered) at this time. Commissioner Reed requested that two county real estate appraisers (county employees) appraise the properties. Two different appraisers concluded two different values for the Fairgrounds, with a substantial difference in value. Commissioner Reed proposed a value of $750,000 for the Fairgrounds, less the appraised value of the barns (due to the condition) for a net value of $550,000. The County appraiser valued the Dispatch at $525,000 to $575,000. If these value are acceptable to both parties, an even trade may be possible. Due to the large disparity in the two Fairground appraisals, Commissioner Reed and I felt a third party, independent appraisal of the properties should be made. We also agreed, that since the properties are owned by different taxpayers, a third party appraisal should be done anyway We agreed the MAI Appraiser, Brent Thompson would be the appraiser of choice for an appraisal. Mr. Thompson indicates if the appraisal is ordered right away, it would be sometime in December before it is complete. If the Commissioners and the Council agreed on the value of $550,000 for both properties, the properties could legally be exchanged without waiting until December for an appraisal. Background History In 1977 the City dispatch was located in the “Old” City building. The County had their own dispatch in the County building. Both entities also had separate jails. In a spirit of cooperation, the City elected to “get out of the Jail business” and an agreement was made to construct the Law Enforcement Building (LEB). The LEB was constructed by the City and County to jointly provide law enforcement. The County paid $887,737 by obtaining a Federal grant of $889,880. The County taxpayers did not actually expend tax dollars for the construction of the LEB. The City taxpayers paid $320,000 but there is no record of how the County expended the City’s contribution towards the LEB. The jails and dispatch were moved to the LEB. The county paid for the operation of the jails, and the City paid for the dispatch. Both radio frequencies were used, one as primary, and the other as a secondary. Fire had its own radio frequency. After the construction of the LEB, lawsuits began across the nation targeting jail conditions. The Bonneville County jail was targeted by a lawsuit for over‐crowding. The lawsuits prompted the construction of a new, larger jail. At about the same time, the enhanced 911 systems were developed (emergency calls that provided the caller location). The combined 911/dispatch center was moved to the old fire station on Skyline Drive, making additional space available in the LEB for the City “muster” room. A vote was passed by the electorate to designate the County as the administrator of the enhanced County‐wide 911 system. The Idaho statute specifies what expenses can be paid from the 911 funds. Emergency Center expenses are covered, dispatch expenses are not, and cannot be paid from the 911 tax. The 911 emergency funds can be administered by a City, County, or a special taxing district. It does take a vote of the electorate to set up the taxing authority. Although entities smaller than a County can administer the funds, I believe that a reading of the law indicates the intent is to have the taxing district cover as much ground as possible. Meaning Cities can do it, but if the system can be provided county‐ wide, then the County should administer the tax. The next evolution will most likely be regional emergency centers rather than County based. When the dispatch center was moved to Skyline drive, the County would collect and administer the 911 funds, rent the space from the City to house the 911 system (at a lower than market rate) and the City would pay the expense of dispatch. The County would continue to provide for the cost of the jail. The County is required under State law to provide the law enforcement for state offenses. Violations of City ordinances are the responsibility of the City; however, an arrest for breaking an ordinance usually does not happen, except for DUI and domestic disturbances. Even these may be State violations. In other words the County is required by law to enforce state laws, which is most of the arrests in the County, but percentage wise, the bulk of the arrests are made by Idaho Falls officers within Idaho Falls. To summarize: The City pays for dispatch, the 911 funds pay for the 911 Emergency Center, and the County pays for the jails. As I previously stated, I believe this arrangement was made in the spirit of cooperation to provide efficient and effective law enforcement. A single operator of both the 911 Emergency Center and the Dispatch would probably be more efficient. However, City Department directors feel that the ownership of the building and the lease are the only bargaining chips available to obtain proper service from the 911 Center. As far as turning the function of dispatch over to the County, one Director stated “I would need a very compelling reason to give up dispatch”. Issues Numerous issues have been expressed by Department Directors regarding the transfer of ownership of the Dispatch Center. The most important issues deal with the control of the Dispatch employees. Control refers to the hiring, training, staffing, management, and compensation. There are other issues of non‐performance from the existing 911 software system, such as dispatching the wrong equipment, or equipment from the wrong location. Emergency Center staff have indicated that these problems may be solved with the next update in October, which is unacceptable. The ability for the City to make changes to the system was removed when access codes to the software were changed. Since the City is not the “owner” of the software (license), the software vendor cannot be approached directly. Any problems with programming have to go through the 911 Emergency Center staff, which has been slow to respond to, at best. The relationship between the Emergency Center Management Advisory Board (made up of the Sherriff, Police Department, Fire Department, Information Technology, and in the past the City of Ammon) and the County Commissioners has been supplanted by Emergency Center staff. This action prevents the flow of information from the users of the system to the Commissioners that administer the 911 funds. It is not enough to just answer the phone when an emergency call is received. It also takes efficient, accurate, and appropriate dispatch. The current arrangement has not provided sufficient performance. Recently, Fire Chief Hanneman met with Emergency Center staff, Commissioner Christensen, and IT staff to discuss some of these issues. Chief Hanneman has indicated that after the meeting, he felt the issues were addressed, and might be resolved to his satisfaction. However, prior experience indicates there are problems associated with two entities managing a coordinated service. Issues, or concerns of Department Directors, will continue whether the Dispatch is exchanged with the Fairgrounds, or not. If a single entity assumes control of the entire 911/dispatch functions, then the issues would most likely be resolved. Alternatives Alternative #1 – No change to dispatch or 911. The City continues providing dispatch services and the 911 Center pays rent for the occupied space. The City could purchase the Fairgrounds from the County at the FMV appraised price, or at an agreed price. The law enforcement/dispatch issues still exist and the entire purchase cost in cash may not be palatable to the Council. Alternative #2 – The Dispatch building is exchanged for the Fairgrounds, plus whatever cash would be necessary to equalize the values. The City would then pay the County rent for the Dispatch Center, unless the County agreed otherwise. This alternative saddles the City (Police Department) for additional annual (continuing) cost of providing the Dispatch function, and does not solve the law enforcement/dispatch issues. Alternative #3 – The Dispatch building is exchanged for the Fairgrounds, plus whatever cash would be necessary to equalize the values, and the County assumes the function of dispatch. The City would then enter into a performance based contract with the County for the dispatch services. This alternative removes control from the City of how Dispatch is staffed, trained, and compensated. The only method of making changes in Dispatch is to enforce or modify a contract. However, Department Directors prefer this alternative over #2 because of the existence of an enforceable performance contract. This alternative may not be possible if the increased costs to the County exceed the ability to increase the budget enough to cover the cost (3% cap on budget increases). Alternative #4 – The Dispatch building is exchanged for the Fairgrounds, plus whatever cash would be necessary to equalize the values, and the City assumes the 911 administrative function. The City would then enter into performance based contracts with the County, cities within the County, and the fire districts. This alternative would require a vote of the electorate to change the administrator of the 911 funds. County taxpayers would probably not vote for this alternative. Next step Whether the Fairgrounds are exchanged with Dispatch or not, the Fairgrounds property will need to be appraised if the City purchases the property, which will take until December sometime. According to the City Finance Department, to record the sale or exchange of the Fairgrounds property, the Government Accounting Standards Board rules require an appraisal. The law enforcement/dispatch issues need to be discussed, and negotiated, in a manner that continues to provide a joint arrangement between the Cities (plural) and the County. All areas need to be considered, not just dispatch. The City/County agreements for the Law Enforcement Building, the operation of the jail, the shared software and equipment costs, Court costs, records, dispatch, emergency response, ambulance, search and rescue, and fire services all need to be considered as a whole to develop collaborative law enforcement and fair cost allocations. Evaluating just one agreement without considering the entire picture will produce misleading conclusions. All these agreements evolved over time, and are interrelated and dependent upon each other. Therefore, if the exchange occurs, or if the City purchases the property, the transaction should be considered without attempting to resolve other law enforcement issues. Those issues will require a more comprehensive study. If the Council and the Commission are in agreement that an exchange of the properties is in the best interest of both entities, a memorandum of understanding, or a contract for exchange could be written based upon the appraised values, yet to be determined. Or, the exchange could take place now at the agreed upon values. Basing an exchange, or purchase, on the agreed values does present a risk that the appraised value would be different than the agreed value (Farr Candy property). I have been informed that the preferred location for the William J. Maeck Education Center on the Fairgrounds property does not conflict with the needs of the next 4‐H fair. Therefore, a MOU at an appraised price or a contract for purchase or exchange would not be a problem for the County/4‐H, as long as any agreement provides the 4‐H program access until September 1, 2018 and the City can substantially begin construction before June 1, 2018 with completion prior to October 1, 2020. In other words, the construction will need to begin, but the City and the 4‐H program will need to work together in the use, and access of the property. This needs to be spelled out in any agreement. Executive Summary If an exchange is in the best interest of both governments, a memorandum of understanding could be written now, for an exchange based on yet to be determined appraised values. Exchanged property will need to be appraised under GASB rules, and will take until December to complete. A MOU could allow the City to proceed with construction planning for the William J. Maeck Education Center. Or, a contract of exchange can be written now based on agreed values, but the appraised value will be different than the agreed value. (I would not be in favor of this approach.) If the Dispatch is not deemed “surplus property” then the use of agreed values may not be possible. The City could also purchase the Fairgrounds property at the appraised value, yet to be determined. If a purchase is made at an agreed value, the Fairgrounds property will still need to be appraised under GASB rules. This approach allows the City to retain the ownership in the Dispatch Center and then reconsidered when future City/County law enforcement agreements are evaluated. For any of the above transfers, the City/County law enforcement agreements need to be considered, evaluated, and negotiated separate from the Fairgrounds agreement.

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