City Council

September 14, 2017 The City Council of the City of Idaho Falls met in Regular Council Meeting, Thursday, September 14, 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 Ed Marohn Councilmember Michelle Ziel-Dingman Councilmember Barbara Ehardt Councilmember Thomas Hally Councilmember John B. Radford Councilmember David M. Smith (by telephone) 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 Eric Day, Division Chief of Emergency Medical Services (EMS), to lead those present in the Pledge of Allegiance. Public Comment: Terry Kellogg, Morningstar Lane, Esquire Acres in Idaho Falls, appeared. Ms. Kellogg expressed her concern with the construction occurring at the Idaho Falls Airport. She stated she has attempted to contact the Airport on multiple occasions, with no response received. She expressed her concerned for the property value, the increased air traffic, and the change of direction of the airplanes. She stated the emissions have caused her physical sickness and she believes the emissions can cause other health issues. She indicated the expansion of the Airport has taken away the mountain view from her residence. Ms. Kellogg stated she suggested a retaining wall, no response was received for this request. She expressed her frustration as a taxpayer stating any expansions on residences require permission and she expects the same accountability for any Airport expansion which would allow residences to voice their opinions. She indicated there was no posting of any notification. She believes additional work is occurring and will possibly continue. Again, she requested notification of any future work. Marian Boag, Arden Drive, appeared. Ms. Boag stated her family, consisting of five (5) children, lives in close proximity to Sunnyside Elementary and Taylorview Middle School. She indicated she is representing a group of parents and community members who believe improvements can be made to ensure the safety of their children. She stated it is not uncommon to witness traffic collision near misses. Ms. Boag believes it is important for the community to have crossing guards due to the expansion of the neighborhood and the increase in traffic. She stated she is volunteering as a crossing guard as short-term solution and many children and parents have expressed their appreciation. Ms. Boag indicated a high percentage of drivers are also exceeding the speed limit. She requested assistance to implement a long-term solution, including the hiring of properly trained crossing guards. She believes it is time to update and improve the community safety measures. Jamie Braithwaite, Woodhaven Lane, appeared. Ms. Braithwatie stated four (4) of her six (6) children currently attend Sunnyside Elementary. She indicated she is representing her family as well as the Stonebrook Homeowners Association (HOA), where she is serving as Board President. She stated over the course of several years parents 1  September 14, 2017 have raised concerns regarding the increase of traffic during school drop-off and release times. She stated the traffic is only getting worse and the City, the school board, and the local authority are failing to ensure the safety of the children walking to and from school. Ms. Braithwaite reviewed the number of students who reside in the safe-to- walk school zone, however she stated a high percentage of those students are driven due to the unsafe intersections. She indicated collaboration is occurring with the City Traffic Committee, the Idaho Falls Police Department, and School District #91 as a stop gap but this is not addressing the amount of traffic or lack of enforcement. She has requested paid crossing guards for the four (4) intersections surrounding Sunnyside Elementary, enforcement of school zone speed, and updating and implementing the proposed remedies of the 2008 Traffic Committee Study. Ms. Braithwaite expressed her concern and stated there are several angry residents as this problem has lingered for more than a decade and is only getting worse. She requested Council agenda time for a future presentation. She indicated she has requested the same opportunity from the School Board to come to a solution to protect the children, implement safety measures, and enforcement of the traffic laws. Consent Agenda: Idaho Falls Airport requested approval of Final Notice of Award – Rehabilitation of Taxiway A, C and Runway 2/20 - FAA AIP Project #3-16-0018-043. Public Works requested approval of Bid Award – Well 18 New Well House and Booster Station Improvements. Idaho Falls Power requested approval of Bonneville Power Administration (BPA) Exhibit E, Revision No. 2; ratify power transactions with Shell Energy; and, Idaho Mutual Assistance Agreement. Municipal Services requested approval of write-off of unpaid utility service accounts; Bid IF-18-01, Haul and Spread Liquid Wastewater Biosolids; Bid IF-18-02, Chlorine and Sodium Bisulfite; Bid Award – Q-17-044, Crushed Road Base Gravel; Rejection of Bid IF-17-21, Parks Wayfinding Project; Bid IF-17-T, Sole Source Purchase – Self Check Library Systems; and insurance contracts for worker’s compensation for 2017/2018. The City Clerk requested approval of Expenditure Summary for the month of August, 2017. FUND TOTAL EXPENDITURE General Fund $1,599,597.95 Street Fund 116,700.02 Recreation Fund 35,553.04 Library Fund 37,681.69 Municipal Equipment Replacement Fund (MERF) 796,870.92 Electric Light Public Purpose Fund 122,822.35 Golf Fund 50,309.30 Self-Insurance Fund 94,688.99 Municipal Capital Improvement Fund 4,564.00 Street Capital Improvement Fund 20,108.71 Traffic Light Capital Improvement Fund 2,312.00 Parks Capital Improvement Fund 13,151.50 Fire Capital Improvement Fund 45,246.55 Airport Fund 1,561,463.05 Water and Sewer Fund 545,932.17 Sanitation Fund 61,141.60 Ambulance Fund 60,641.17 Electric Light Fund 2,414,905.75 Payroll Liability Fund 4,122,737.55 TOTAL 11,706,428.31 2  September 14, 2017 The City Clerk requested approval of minutes from the August 7, 2017 Council Work Session; August 10, 2017 Council Meeting; August 17, 2017 Public Hearing; August 22, 2017 Council Work Session; and, August 24, 2017 Council Meeting; 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 Radford, Ehardt, Smith, Marohn, Dingman, Hally. Nay – none. Motion carried. Regular Agenda: Fire Department Subject: Bonneville County Ambulance Service Contract For consideration is the 2017/2018 Ambulance Service Contract with Bonneville County. This year's contract includes changes that reflect a three percent (3%) increase to the base fee. This year we have also added a $1,000 per month rental fee for use of the County building in Swan Falls. This fee has been added to our base amount which reflects a neutral cost to the City. In consideration of the base and rental fees the County will be paying the City $2,526,000 in the 2017/2018 agreement. It was moved by Councilmember Marohn, seconded by Councilmember Radford, to approve the 2017/2018 Ambulance Service Contract with Bonneville County, and give authorization for the Mayor and City Clerk to execute the necessary documents. Roll call as follows: Aye – Councilmembers Hally, Smith, Dingman, Ehardt, Marohn, Radford. Nay – none. Motion carried. Subject: Physician (SiteMed) Contract for Firefighter Physicals For consideration is the contract between SiteMed and the City for conducting annual Firefighter physical examinations. This item was negotiated with our Union for the 2017/2018 year. In the past, annual physicals were required however they did not meet national standards (NFPA). These new physicals are more comprehensive and will identify potential problems early on which will reduce the City’s risk. It was moved by Councilmember Marohn, seconded by Councilmember Radford, to approve the SiteMed Contract, and give authorization for the Mayor to execute the necessary documents. Roll call as follows: Aye – Councilmembers Smith, Hally, Radford, Dingman, Ehardt, Marohn. Nay – none. Motion carried. Subject: Bonneville County Fire District #1 Wildfire Deployment Agreement For consideration is a Wildfire Deployment Agreement between the City and the Bonneville County Fire District #1. This agreement will allow assets (Fire Vehicles) of the Fire District to be deployed in the region on wildfires through our existing agreement with the Idaho Department of Lands. Councilmember Marohn stated the Fire District requested cost sharing for their equipment. The Fire District will retain 70% of the revenue and the City will collect 30% after personnel expenses are paid. Councilmember Marohn commended Fire Chief Dave Hanneman for his fiduciary aspect on deployment for reimbursement of personnel and equipment. He indicated this new annual agreement will be reviewed after one (1) year. It was moved by Councilmember Marohn, seconded by Councilmember Radford, to approve the Wildfire Deployment Agreement with Bonneville County Fire District #1, and give authorization for the Mayor and City Clerk to execute the necessary documents. Roll call as follows: Aye – Councilmembers Dingman, Smith, Marohn, Ehardt, Hally, Radford. Nay – none. Motion carried. Idaho Falls Power 3  September 14, 2017 Subject: Permission to Contract with Rhodehouse Construction Inc. for the Gem Lake Marina Project Idaho Falls Power was awarded a $122,231.25 grant from the Idaho Parks and Recreation Board for improvements to the Gem Lake Marina. In the FY17/18, Idaho Falls Power budgeted $165,000 for the project and another $7,000 for landscaping at the Marina, which is part of the quoted work. Idaho Falls Power respectfully requests that City Council authorize a contract with Rhodehouse Construction Inc. in the amount of $172,372. Councilmember Smith stated the improvements are required under the pending Federal Energy Regulatory Commission (FERC) licensing. It was moved by Councilmember Marohn, seconded by Councilmember Hally, to approve the contract with Rhodehouse Construction Inc. in the amount of $172,372 for the Gem Lake Marina Project, and give authorization for the Mayor to execute the necessary documents. Roll call as follows: Aye – Councilmembers Marohn, Dingman, Ehardt, Hally, Radford, Smith. Nay – none. Motion carried. Municipal Services Subject: Amend City Code, Title 4, Chapters 3 & 4, Sale of Beer and Wine The Municipal Services Department is requesting an amendment to City Code, Title 4, Chapters 3 & 4 to extend to the limits allowed by State Code. Idaho Code 23-1012 permits the City to allow the sale of beer and wine on Christmas Day. The amendment also extends the time beer and wine may be sold from 1:00 a.m. to 2:00 a.m. as permitted by Idaho Code. Councilmember Marohn stated this amendment was requested by the restaurant/business community. Councilmember Dingman believes this amendment will assist with equity in economic development. It was moved by Councilmember Marohn, seconded by Councilmember Radford, to approve the ordinance amending Title 4, Chapters 3 & 4 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 Smith, Hally, Dingman, Radford, Ehardt, Marohn. Nay – none. Motion carried. At the request of Mayor Pro Tem, the City Clerk read the ordinance by title only: ORDINANCE NO. 3134 AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO; AMENDING TITLE 4, CHAPTER 3, TO ALLOW THE SALE OF BEER ON CHRISTMAS DAY; AND AMENDING TITLE 4, CHAPTER 4, TO ALLOW THE SALE OF WINE ON CHRISTMAS DAY; AND PROVIDING SEVERABILITY, CODIFICATION, PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE. Subject: Amendment to Resolution 2015-11, Mayor Execution of Contract Authority Amount The Municipal Services Department is requesting amendment of Resolution 2015-11, granting the Mayor special authority to execute contracts not to exceed $50,000. Resolution 2015-11, currently authorizes the Mayor special authority to execute contracts not to exceed $25,000. Effective July 1, 2017, the State Legislature enacted changes to the threshold for when a public procurement is to be approved by a governing board. Amending City resolution 2015-11 to a not-to-exceed amount of $50,000 will extend the limits to the extent allowed by current Idaho State Statute 67-2803 with respect to procurement of goods and services. Councilmember Marohn stated all bids and contracts will continue to require due diligence by the appropriate departments. He believes this authority will increase efficiency and will expedites contracts. Councilmember Hally 4  September 14, 2017 believes additional protection will be ensured by the Council liaison. He stated this item was presented by the Association of Idaho Cities (AIC) particularly for potential time delay of projects. Councilmember Smith stated this resolution is only applicable to items already included and passed within the budget. Councilmember Ehardt believes the intent was to allow Cities to set an amount within the limit. She indicated she is not comfortable with the limit of $50,000 and she strongly encouraged the Council to set a lower limit and possibly raise the limit in the future. It was moved by Councilmember Marohn, seconded by Councilmember Radford, to approve the resolution granting the Mayor special authority to execute contracts not to exceed $50,000, and give authorization for the Mayor and City Clerk to execute the necessary documents. Roll call as follows: Aye – Councilmembers Hally, Marohn, Radford, Dingman, Smith. Nay – Councilmember Ehardt. Motion carried. RESOLUTION NO. 2017-23 A RESOLUTION OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, MEMORALIZING CITY POLICY BY GRANTING THE MAYOR SPECIAL AUTHORITY TO EXECUTE CONTRACTS NOT TO EXCEED $50,000 TO FURTHER THE INTERESTS OF THE CITY; AND PROVIDING THAT THIS RESOLUTION BE EFFECTIVE UPON ITS PASSAGE, APPROVAL AND PUBLICATION ACCORDING TO LAW. Subject: Bid IF-17-U, Sole Source Purchase – Airport Passenger Boarding Ramp The Municipal Services Department requests authorization to make a sole source procurement and then issue a purchase order for a KSI Passenger Boarding Ramp for the Idaho Falls Regional Airport in the lump sum amount of $58,000. The BAR 3035 passenger boarding ramp is a universal ramp designed to fit all commercial carriers and larger sized aircraft. This procurement will be from Keith Consolidated Industries, Inc. located in White City, Oregon. Councilmember Marohn stated sole source purchase indicates only one (1) company is able to provide the equipment. He also stated the Airport is an Enterprise Fund and all fees are generated from usage of the Airport. It was moved by Councilmember Marohn, seconded by Councilmember Radford, to approve the sole source procurement and issue a purchase order in the amount of $58,000 to Keith Consolidated Industries, Inc. Roll call as follows: Aye – Councilmembers Ehardt, Radford, Smith, Marohn, Dingman, Hally. Nay – none. Motion carried. Community Development Services Subject: Final Plat Extension, Castlerock Division No. 5 The Final Plat for Castlerock Division No. 5 was approved by the Mayor and City Council in October, 2016. City staff did not have record of it ever recording, but recently discovered the applicant had recorded it with Bonneville County but neglected to collect the City's signature. However, even though the applicant had made the effort to record the plat, it was still outside of the required time frame to record the plat. Out of an abundance of caution, staff determined that because the original recording was technically outside the required time frame to record, it would be best to request an extension to record the corrected plat. A new, corrected plat has been created and has all of the signatures ready to record. Staff recommends approval of a 30-day extension to record the plat. It was moved by Councilmember Dingman, seconded by Councilmember Ehardt, to approve the 30-day extension to record the Final Plat for Castlerock Division No. 5. Roll call as follows: Aye – Councilmembers Radford, Ehardt, Hally, Smith, Marohn, Dingman. Nay – none. Motion carried. Subject: Public Hearing – Rezone from PB to R-1, Zoning Ordinance, and Reasoned Statement of Relevant Criteria and Standards, M&B 12.183 acres, NW¼ Section 33 T2N R38E 5  September 14, 2017 For consideration is the application for Rezoning from PB to R-1, Zoning Ordinance, and Reasoned Statement of Relevant Criteria and Standards, M&B 12.183 acres, NW¼ Section 33 T2N R38E, located north of Lexington and west of Washington Parkway. The Planning and Zoning Commission considered this request at its August 1, 2017 meeting and recommended approval by unanimous vote. Staff concurs with this recommendation. Mayor Pro Tem Hally opened the public hearing. Councilmember Dingman requested all items presented be entered into the record. Community Development Services Director Brad Cramer appeared and stated this request is to rezone to a less dense zone (considered a down zone). He presented the following: Slide 1 – Property under consideration Slide 2 – Aerial photo of property under consideration Slide 3 – Additional aerial photo of property under consideration Slide 4 – Comprehensive Plan Future Land Use Map Slide 5 – Photo looking west from Kentucky Avenue Slide 6 – Photo looking northwest from Kentucky Avenue Slide 7 – Photo looking south to Kentucky Avenue Slide 8 – Photo looking east toward commercial uses Slide 9 – Photo looking north Councilmember Dingman requested any public comment. No one appeared. Councilmember Dingman closed the public hearing. Councilmember Dingman stated the president of the HOA is supportive of the development. It was moved by Councilmember Dingman, seconded by Councilmember Ehardt, to approve the Ordinance rezoning M&B 12.183 acres, NW¼ Section 33 T2N R38E from PB to R-1, 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 Marohn, Dingman, Ehardt, Hally, Radford, Smith. Nay – none. Motion carried. At the request of Mayor Pro Tem, the City Clerk read the ordinance by title only: ORDINANCE NO. 3135 AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO; PROVIDING FOR THE REZONING OF APPROXIMATELY 12.183 ACRES AS DESCRIBED IN EXHIBIT 1 OF THIS ORDINANCE FROM PB PROFESSIONAL BUSINESS ZONE TO R-1 RESIDENCE ZONE; AND PROVIDING SEVERABILITY, PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE. It was moved by Councilmember Dingman, seconded by Councilmember Ehardt, to approve the Reasoned Statement of Relevant Criteria and Standards for the rezone of M&B 12.183 acres, NW¼ Section 33 T2N R38E, and give authorization for the Mayor to execute the necessary documents. Roll call as follows: Aye – Councilmembers Ehardt, Marohn, Hally, Radford, Smith, Dingman. Nay – none. Motion carried. There being no further business, it was moved by Councilmember Marohn, seconded by Councilmember Radford, to adjourn the meeting at 8:16 p.m. s/ Kathy Hampton s/ Rebecca L. Noah Casper CITY CLERK MAYOR 6