City Council

CITY COUNCIL MEETING Thursday, September 28, 2017 7:30 p.m. CITY COUNCIL CHAMBERS 680 Park Avenue Idaho Falls, ID 83402 Thank you for your interest in City Government. If you wish to express your thoughts on a matter listed below, please contact Councilmembers by email or personally before the meeting. Public testimony on agenda items will not be taken unless a hearing is indicated. Be aware that an amendment to this agenda may be made upon passage of a motion that states the reason for the amendment and the good faith reason that the agenda item was not included in the original agenda posting. Regularly-scheduled City Council Meetings are live streamed at www.idahofallsidaho.gov, then archived on the city website. If you need communication aids or services or other physical accommodations to participate or access this meeting, please contact City Clerk Kathy Hampton at 612-8414 or the ADA Coordinator Lisa Farris at 612-8323 as soon as possible and they will accommodate your needs. 1. Call to Order. 2. Pledge of Allegiance. 3. Public Comment. Members of the public are invited to address the City Council regarding matters that are not on this agenda or already noticed for a public hearing. When you address the Council, please state your name and address for the record and please limit your remarks to three (3) minutes. Please note that matters currently pending before the Planning Commission or Board of Adjustment which may be the subject of a pending enforcement action, or which are relative to a City personnel matter are not suitable for public comment. 4. Special Presentation. Proclamation Reading: Family History Month 5. Consent Agenda. Any item may be removed from the Consent Agenda at the request of any member of the Council for separate consideration. A. Items from Office of the Mayor: 1) Appointments/Reappointments to City Boards, Committees and Commissions Carrie Athay – Historic Preservation Commission, New Appointment 2) Official Proclamations from preceding month B. Items from Municipal Services: 1) Write-off of Unpaid Ambulance Service Accounts 2) Civic Auditorium Balcony ADA (Americans with Disabilities Act) Steps and Railing 3) ICRMP (Idaho Counties Risk Management Program) Annual Member Contribution for Pre-paid Insurance Policy C. Items from the City Clerk: 1) Treasurer’s Report for the month of August, 2017.  2) Minutes from the September 11, 2017 Council Work Session and Executive Session; and September 14, 2017 Council Meeting. 3) License Applications, all carrying the required approvals. RECOMMENDED ACTION: To approve, accept, or receive all items on the Consent Agenda according to the recommendations presented (or take other action deemed appropriate). 6. Regular Agenda. A. Community Development Services 1) Final Plat and Reasoned Statement of Relevant Criteria and Standards, Grandview Storage Units, Division No. 1: For consideration is the application for Final Plat and Reasoned Statement of Relevant Criteria and Standards, Grandview Storage Units Division No. 1. This plat was approved by the Council in March 2016 but was never recorded. Staff sent the plat back to the Planning and Zoning Commission for re-consideration on September 5, 2017. The Commission recommended approval of the plat by unanimous vote. Staff concurs with this recommendation. RECOMMENDED ACTIONS: (in sequential order) a. To approve the Final Plat for Grandview Storage Units Division No. 1, and give authorization for the Mayor, City Engineer, and City Clerk to sign said Final Plat. b. To approve the Reasoned Statement of Relevant Criteria and Standards for the Final Plat for Grandview Storage Units Division No. 1, and give authorization for the Mayor to execute the necessary documents. B. Idaho Falls Power 1) Service Allocation Agreement with PacifiCorp, dba Rocky Mountain Power: For consideration is a proposed Service Allocation Agreement that Idaho Falls Power has negotiated with Rocky Mountain Power. If approved, this agreement will govern customer requests to change service providers. The City Attorney has reviewed the document. RECOMMENDED ACTION: To approve the Service Allocation Agreement with PacifiCorp, dba Rocky Mountain Power, and give authorization for the Mayor to execute the necessary documents (or take other action deemed appropriate). 2) Agreement with Eastern Idaho Community Action Partnership (EICAP): For consideration is a proposed agreement between Idaho Falls Power and Eastern Idaho Community Action Partnership (EICAP) with respect to administering funds for Bonneville Power Administration (BPA) approved energy efficiency measures to low income households in Idaho Falls Power's service territory. EICAP provides energy assistance from a variety of funding sources. Allowing EICAP to administer these funds in addition to other low income funding sources maximizes effectiveness and efficiency of the services to low income customers. EICAP has historically administered these low income funds for Idaho Falls Power. The City Attorney has reviewed the document. Page 2 of 3  RECOMMENDED ACTION: To approve the agreement with Eastern Idaho Community Action Partnership (EICAP), and give authorization for the Mayor and City Clerk to execute the necessary documents (or take other action deemed appropriate). C. Fire Department 1) Idaho State University Paramedic Instruction Agreement: For consideration is the contract between Idaho State University and the City for providing paramedic instruction and clinical experience for Idaho State University's Paramedic program. This is the second year of the program and reflects a three (3%) increase from last year's agreement. RECOMMENDED ACTION: To approve the agreement with Idaho State University, and give authorization for the Mayor and City Clerk to execute the necessary documents (or take other action deemed appropriate). D. Municipal Services 1) Amend City Code, Title 4, Chapter 2, Sale of Liquor by the Drink: The Municipal Services Department is requesting an amendment to City Code, Title 4, Chapter 2 to extend to the limits allowed by State Code. Idaho Code 23-1012 permits the City to allow the sale of liquor by the drink from 1:00 am to 2:00 am. RECOMMENDED ACTION: To approve the ordinance amending Title 4, Chapter 2 under the suspension of the rules requiring three complete and separate readings and that it be read by title and published by summary (or consider the Ordinance on the first reading and that it be read by title, or reject the Ordinance). 7. Motion to Adjourn. Page 3 of 3  City Council Request for appointment of Carrie Athay Mayor Rebecca Casper to the Historical Preservation Commission September 26, 2017 I have appointed Ms. Carrie Athay to the Historic Preservation Commission and seek your confirming vote. Attached please find a memorandum from Brad Cramer, Director of Community Development Services recommending the same. Ms. Athay is interested in serving because it is important to her to be involved in the community and she seeks to be a voice for preservation of our city’s history. She also feels preservation of historical buildings and sites gives our community a uniqueness that makes Idaho Falls economically appealing. As mentioned in Mr. Cramer’s memo, Ms. Athay works as the curator for the Museum of Idaho where she maintains an archival collection of historical work from our region. She has a trained eye for historical works and architecture and her experience will be an asset to the work of this commission. Name Commission Sponsoring Dept. Term Expires Status Carrie Athay Historic Preservation Commission Community Dvt. Services 12/31/2020 Appointment I request your confirmation of this appointment at the regular City Council Meeting on Thursday evening, the 28th of September, 2017. If you have any questions or comments, please feel free to contact me. CITY OF IDAHO FALLS MONTHLY TREASURER'S REPORT KENNETH MCOMBER - TREASURER AUGUST, 2017 BEGINNING BEGINNING TOTAL MATURED JOURNAL TOTAL NEW JOURNAL CASH ON INVESTED ENDING FUND CASH BALANCE RECEIPTS INVESTMTS DEBIT EXPENSES INVESTS CREDITS HAND FUNDS BALANCE GENERAL 924,655.21 12,231,226.32 1,696,805.03 4,008,850.00 1,901,825.73 4,702,920.14 2,000,000.00 1,368,083.31 461,132.52 9,297,721.11 9,758,853.63 HEALTH & ACCIDENT INSUR. 221,740.10 2,472,573.43 - - - - - - 221,740.10 2,250,833.33 2,472,573.43 STREET 3,083,523.72 3,083,523.72 12,165.43 - 22,045.15 245,145.64 2,700,000.00 - 172,588.66 2,700,000.00 2,872,588.66 RECREATION 27,115.46 27,115.46 90,909.50 - - 126,424.31 - 4,152.13 (12,551.48) - (12,551.48) LIBRARY 1,075,093.46 1,975,093.46 522,634.47 200,000.00 - 173,599.17 1,000,000.00 3,051.73 621,077.03 1,700,000.00 2,321,077.03 AIRPORT PFC FUND 20,415.58 20,415.58 70,397.01 - - - - 20,415.58 70,397.01 - 70,397.01 MUNICIPAL EQUIP. REPLCMT. 1,928,863.00 17,461,127.95 32,807.11 3,398,980.97 413,628.50 796,870.92 4,486,415.06 - 490,993.60 16,619,699.04 17,110,692.64 EL. LT. WEATHERIZATION FD 703,487.45 2,453,487.45 3,711.96 300,000.00 - 122,822.35 - - 884,377.06 1,450,000.00 2,334,377.06 BUSINESS IMPRV. DISTRICT 106,617.49 106,617.49 876.00 - - - - - 107,493.49 - 107,493.49 GOLF (246,292.83) (246,292.83) 362,024.94 - - 172,104.04 - 30,927.33 (87,299.26) - (87,299.26) GOLF CAPITAL IMPROVEMENT 154,866.17 154,866.17 - - - - - - 154,866.17 - 154,866.17 SELF-INSURANCE FD. 892,077.31 2,592,077.31 102,780.64 200,000.00 - 94,688.99 200,000.00 - 900,168.96 1,700,000.00 2,600,168.96 SANITARY SEWER CAP IMP. 1,583,577.26 1,583,577.26 96,599.92 - - - 700,000.00 - 980,177.18 700,000.00 1,680,177.18 MUNICIPAL CAPITAL IMP. 1,035,028.38 1,035,028.38 2,543.90 - - 4,564.00 200,000.00 - 833,008.28 200,000.00 1,033,008.28 STREET CAPITAL IMPRV. 1,892,820.89 1,892,820.89 - - 35,411.55 20,108.71 1,000,000.00 - 908,123.73 1,000,000.00 1,908,123.73 BRIDGE & ARTERIAL STREET 378,176.99 378,176.99 4,928.88 - - - - - 383,105.87 - 383,105.87 WATER CAPITAL IMPR. 1,500,268.54 2,800,268.54 162,667.13 - - - 700,000.00 - 962,935.67 2,000,000.00 2,962,935.67 SURFACE DRAINAGE 115,054.21 115,054.21 1,643.77 - - - - - 116,697.98 - 116,697.98 TRAFFIC LIGHT CAPITAL IMPRV. 975,865.51 1,175,865.51 - - 28,551.60 2,312.00 200,000.00 - 802,105.11 400,000.00 1,202,105.11 PARKS CAPITAL IMPROVEMENT 263,873.90 263,873.90 15,565.00 - - 13,151.50 - - 266,287.40 - 266,287.40 FIRE CAPITAL IMPROVEMENT (3,582,613.36) (3,582,613.36) 997.12 - - 45,246.55 - - (3,626,862.79) - (3,626,862.79) AIRPORT 650,605.96 1,850,605.96 914,552.85 500,000.00 - 1,661,748.15 - 132,571.55 270,839.11 700,000.00 970,839.11 WATER & SEWER 3,055,967.59 29,678,237.12 1,699,655.64 8,409,197.53 - 859,916.67 8,850,000.00 444,388.91 3,010,515.18 27,063,072.00 30,073,587.18 W & S EQUIPMENT REPLACE 1,009,972.87 1,009,972.87 - - - - - - 1,009,972.87 - 1,009,972.87 W & S SANITARY INTERCPT 742,691.10 742,691.10 - - - - - - 742,691.10 - 742,691.10 SANITATION (168,065.04) 331,934.96 705,850.31 - 866,713.41 205,618.07 - - 1,198,880.61 500,000.00 1,698,880.61 AMBULANCE (533,651.35) (533,651.35) 478,859.83 - - 428,278.42 - 137,050.75 (620,120.69) - (620,120.69) ELECTRIC LIGHT 536,032.83 10,979,600.86 4,877,430.10 6,549,568.03 - 3,077,167.98 6,099,568.03 1,129,267.75 1,657,027.20 9,993,568.03 11,650,595.23 IFP RATE STABILIZATION FD 2,546,895.39 21,382,874.00 45,185.11 4,600,000.00 - - 6,200,000.00 - 992,080.50 20,435,978.61 21,428,059.11 IFP CAPITAL IMPROVEMENT 3,479,493.00 10,645,228.35 - - - - 1,800,000.00 - 1,679,493.00 8,965,735.35 10,645,228.35 PAYROLL FUND 937,123.38 937,123.38 5,166,350.36 - 1,733.10 6,087,340.45 - - 17,866.39 - 17,866.39 CLAIMS FUND - - 4,820,916.58 - - 4,820,916.58 - - - - - TOTAL ALL FUNDS 25,311,280.17 125,018,501.08 21,888,858.59 28,166,596.53 3,269,909.04 23,660,944.64 36,135,983.09 3,269,909.04 15,569,807.56 107,676,607.47 123,246,415.03 1 of 3 CITY OF IDAHO FALLS MONTHLY TREASURER'S REPORT CASH AND INVESTMENT REPORT Aug-17 DISTRIBUTION OF CASH INVESTMENTS CASH AND TRUST ACCOUNTS TIME TO MATURITY INSTITUTION AMOUNT INVESTMENT TYPE 1-30 DAYS 31-90 DAYS 91-180 DAYS OVER 180 DAYS TOTAL BPA Loan Imprest (BICLI) $113,124.85 Certificate of Deposit 1,245,000.00 3,335,000.00 3,750,000.00 5,875,000.00 $14,205,000.00 El. Lt. Imprest (BIELI) $4,921.76 Refund Acct. (BIRFD) $95,585.92 U.S. Securities 15,000.00 - - 11,006,423.33 $11,021,423.33 Wells Fargo Bank $7,458,666.53 Petty Cash $14,740.00 Commercial Paper 7,986,562.76 15,962,772.20 - - $23,949,334.96 US Bank (US) $5,560,814.14 US Bank Payroll (USPAY) $1,739,894.08 Corporate Bonds - 1,000,000.00 5,793,430.19 51,707,418.99 $58,500,849.18 Wells Fargo Bank (WELLS) $574,392.19 Key Bank $7,668.09 TOTAL $15,569,807.56 TOTAL $9,246,562.76 $20,297,772.20 $9,543,430.19 $68,588,842.32 $107,676,607.47 2 of 3  GENERAL FUND BALANCE 20,000,000 18,000,000 16,000,000 14,000,000 12,000,000 10,000,000 8,000,000 6,000,000 4,000,000 2,000,000 0 Aug-10 Aug-11 Aug-12 Aug-13 Aug-14 Aug-15 Aug-16 Aug-17 GENERAL FUND BALANCE Aug-10 Aug-11 Aug-12 Aug-13 Aug-14 Aug-15 Aug-16 Aug-17 18,436,000 19,604,000 18,210,000 19,568,000 18,787,000 17,886,000 17,140,391 9,759,000 3 of 3  September 11, 2017 - Unapproved 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 - Unapproved 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 - Unapproved 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 - Unapproved 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 - Unapproved  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 - Unapproved 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. CITY CLERK MAYOR 6  September 14, 2017 - Unapproved 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 - Unapproved 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 - Unapproved 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 - Unapproved 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 - Unapproved 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 - Unapproved 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. CITY CLERK MAYOR 6  Honorable Mayor and Council Brad Cramer, Community Development Services Director September 25, 2017 Final Plat and Reasoned Statement of Relevant Criteria and Standards, Grandview Storage Units, Division No. 1 Attached is the application for Final Plat and Reasoned Statement of Relevant Criteria and Standards, Grandview Storage Units Division No. 1. This plat was approved the Council in March, 2016 but was never recorded. Staff sent the plat back to the Planning and Zoning Commission for re-consideration on September 5, 2017. The Commission recommended approval of the plat by unanimous vote. Staff concurs with this recommendation. This item is now being submitted to the Mayor and City Council for consideration. Attachments: Vicinity Map Aerial Photo Final Plat Staff Report, September 5, 2017 P&Z Minutes, September 5, 2017  IDAHO FALLS PLANNING AND ZONING COMMISSION STAFF REPORT FINAL PLAT Community Grandview Storage Units Development September 5, 2017 Services Applicant: Eagle Rock Requested Action: To recommend to the Mayor and City Council Engineering approval of the final plat for Grandview Storage Units. Location: Generally located Staff Comments: This final plat was recommended for south of Sawtell Street, approval by the Planning Commission in February 2016 and north of Grandview Drive, approved by the Mayor and City Council in March 2016. east of N. Skyline Drive, Following this approval the applicant did not record the plat and west and adjacent to and is now required to go through the approval process again Foote Drive. due to the length of time since the initial approval. There have not been any changes to the original final plat or the City Size: 6.745 acres Subdivision Ordinance. Existing Zoning: Site: HC-1, M-1 Staff Recommendation: Staff has reviewed the final plat and North: M-1 recommends approval of the plat. South: R-1 East: HC-1 West: M-1 Existing Land Uses: Site: Commercial, Vacant North: Office South: Residential East: Commercial West: Office Future Land Use Map: Commercial Attachments: 1. Maps and aerial photos 2. Subdivision Page 1 of 4 Subdivision Ordinance: Boxes with an “X” indicated compliance with the ordinance REQUIREMENTS Staff Review  Purposes listed in Section 10-1-1 as follows: Building envelopes sufficient to construct a building. X Lot dimensions conform to the minimum standards of Zoning X Ordinance. Lots have full frontage on, and access to, a dedicated street. X Residential lots do not have direct access to arterial streets. NA Direct access to arterial streets from commercial or industrial lots X shall be permitted only where it can be demonstrated that: 1) The direct access will not impede the flow of traffic on the arterial or otherwise create an unsafe condition; 2) There is no reasonable alternative for access to the arterial via a collector street; 3) There is sufficient sight distance along the arterial from the proposed point of access; 4) The proposed access is located so as not to interfere with the safe and efficient functioning of any intersection; and 5) The developer or owner agrees to provide all improvements, such as turning lanes or signals, necessitated for the safe and efficient uses of the proposes access. Adequate provisions shall be made for soil preservation, drainage X patterns, and debris and waste disposal and collection. Sidelines of lots shall be at, or near, right angles or radial to the X street lines. All corner lots shall have a minimum radius of twenty feet on the property line. All property within the subdivision shall be included within a lot X or area dedicated for public use. All corner lots zoned RP through R-3, inclusive, shall be a NA minimum of ten percent larger in area than the average area of all similarly zoned lots in the plat or subdivision under consideration. All major streets in subdivision must conform to the major street NA plan of the City, as set forth in Comprehensive Plan. The alignment and width of previously platted streets shall be NA preserved unless topographical conditions or existing buildings or structures required otherwise. Residential lots adjoining arterial streets shall comply with: 1) NA Such lots shall have reverse frontage on the arterial streets, 2) such lots shall be buffered from the arterial street by any effective combination of the following: lot depth, earth berms, vegetation, walls or fences, and structural soundproofing, 3) Minimum lot depth shall be 150 ft except where the use of berms, vegetation, and structures can be demonstrated to constitute an effective buffer, 4) Whenever practical, existing roadside trees shall be saved and used in the arterial buffer, 5) Parking areas shall be used as part of the arterial buffer for high density residential uses, 6) Annexation and development agreement shall include provisions for installation and continued maintenance of arterial buffers. Page 2 of 4 Planning Director to classify street on basis of zoning, traffic NA volume, function, growth, vehicular & pedestrian safety, and population density. Zoning Ordinance: 10-3-17: C-1 LIMITED BUSINESS ZONE (A) General Objectives and Characteristics. The C-1 Limited Business Zone has been established as a district in which the primary use of the land is for retail stores and service establishments of a kind which sell the types of goods and services needed to fill the daily household and personal service requirements of the people living in the surrounding area. This Zone is usually located at specific locations along major streets and is characterized by buildings having a wide variety of architectural forms and shapes. The objectives in establishing this Zone are to: (1) Encourage the development and continued use of the land within the zone for business purposes. (2) To promote the development of serviceable and convenient retail and service facilities. (3) To provide appropriate areas for the development of business uses within the City and to prevent the scattering of business uses into surrounding Zones. (4) To prohibit industrial uses within the Zone and to discourage any other use which tends to thwart or militate against the continued use and development of the land within the Zone for its primary purposes. In order to accomplish the objectives and purposes of this Zoning Code, the following regulations shall apply in the C-1 Limited Business Zone. (B) Use Requirements. The following uses shall be permitted in the C-1 Zone: (1) Any use permitted in the RSC-1 Residence Shopping Zone. (2) Appliance Shops and appliance service establishments. (3) Bakeries. (4) Motels. (5) Beer Parlors, and taverns, as a secondary use only, when incidental to such uses as clubs, lodges and restaurants. (6) Commercial garages, but NOT including the storage of wrecked or dismantled automobiles. (7) Dwellings and Home Occupations. (8) Radio and T.V. studios and antennas. (9) Glass cutting and installation. (10) Public buildings and public utility buildings and structures. (11) Plumbing and carpenter shops and similar craft shops. (12) Drive-in restaurants, or restaurants with drive-up windows. Page 3 of 4  (13) Signs identifying the buildings and signs advertising products sold on the premises as permitted by the City's Sign Code. (14) Enclosed rental storage facilities. (15) Other uses ruled by the Council to be similar to the above listed uses and in harmony with the objectives and characteristics. (C) Area Requirements. There shall be no lot area requirements for commercial buildings and structures constructed in accordance with adopted building codes of Idaho Falls, except as may be required for off-street parking, yards and the requirements of the Effect of Street Plan subsection of this Zoning Code. Dwellings shall comply with the R-3A Residence Zone’s area requirements and width requirements. (D) Width Requirements. There shall be no lot width requirements for commercial buildings and structures constructed in accordance with the Building Code of Idaho Falls. For dwellings, the minimum width of lots shall be fifty feet (50’). (E) Location of Buildings and Structures. (1) Setback. All buildings shall be set back a minimum of thirty feet (30’) from any public street, except as herein provided and required under the provisions of this Zoning Code. (2) Side Yards. There shall be no side yards required for any commercial buildings or structures. For dwellings, there shall be a side yard at least six feet (6’). (3) Rear Yards. There shall be no rear yards required for any commercial buildings or structures. For dwellings, there shall be a rear yard of at least twenty-five feet (25’) for all main residential buildings. For accessory residential buildings, no rear yard shall be required except where an alley is located at the rear of the lot, in which case a three foot (3’) rear yard is required. (F) Special Provisions. (1) Off-street parking shall be provided as required in this Zoning Code and shall be hard-surfaced. (2) All merchandise, equipment, and other materials, except seasonal merchandise such as nursery stock, fruits and vegetables, and vehicles in running order shall be stored within an enclosed building. (3) No dust, odor, smoke, vibration or intermittent light, glare or noise shall be emitted which is discernible beyond the premises, except for normal movement of automobile traffic. (4) Residential developments shall comply with Location of Parking Facilities subsection of this Zoning Code and the Lot Coverage and Landscaping requirements of the R-3A Residence Zone. (5) When a development in the C-1 Zone adjoins land zoned RP, RP-A, R-1, or RMH or unincorporated land designated for single-family residential use in the Idaho Falls Comprehensive Plan, either a minimum ten foot (10’) foot landscape buffer with trees spaced at twenty foot (20’) intervals or a six foot (6’) opaque fence shall be provided. (6) A landscaped strip of lawn, ground cover, shrubbery, and trees at forty foot (40’) centers at least fifteen feet (15’) in width shall be provided and maintained along the entire length of any street bordering a development except for permitted driveways. (G) See Supplementary Regulations to Zones. Page 4 of 4 Business: 1. PLAT 16-003: FINAL PLAT. Grandview Storage Units. McLane presented the staff report, a part of the record. No applicant was present. Morrison moved to recommend to the Mayor and City Council approval of the Final Plat for Grandview Storage Units as presented, Foster seconded the motion and it passed unanimously.  REASONED STATEMENT OF RELEVANT CRITERIA AND STANDARDS FINAL PLAT OF GRANDVIEW STORAGE UNITS LOCATED GENERALLY LOCATED NORTH OF GRANDVIEW DRIVE, WEST AND ADJACENT TO FOOTE DRIVE, SOUTH OF SAWTELLE STREET, AND EAST OF N. SKYLINE DRIVE. WHEREAS, the applicant filed an application for a final plat on August 15, 2017; and WHEREAS, this matter came before the Idaho Falls Planning and Zoning Commission during a duly noticed public meeting on September 2, 2017; and WHEREAS, this matter came before the Idaho Falls City Council during a duly noticed public meeting on September 28, 2017 and WHEREAS, having reviewed the application, including all exhibits entered and having considered the issues presented: I. RELEVANT CRITERIA AND STANDARDS 1. The City Council considered the request pursuant to the City of Idaho Falls 2013 Comprehensive Plan, the City of Idaho Falls Zoning Ordinance, the City of Idaho Falls Subdivision Ordinance, the Local Land Use Planning Act, and other applicable development regulations. 2. The property is an approximate 6.745 acre parcel located generally located north of Grandview Drive, west and adjacent to Foote Drive, south of Sawtelle Street, and east of N. Skyline Drive. 3. The subdivision includes one commercial lot. 4. There will not be any access allowed onto Grandview Drive 5. The plat complies with all requirements of the Subdivision Ordinance and Zoning Ordinance for the HC-1 Zone 6. The Idaho Falls Planning and Zoning Commission recommended approval of this Final Plat as presented. II. DECISION Based on the above Reasoned Statement of Relevant Criteria and Standards, the City Council of the City of Idaho Falls approved the Final Plat of Grandview Storage Units PASSED BY THE CITY COUNCIL OF THE CITY OF IDAHO FALLS THIS_____DAY OF___________, 2017 _________________________________ Rebecca L. Noah Casper, Mayor  AGREEMENT BETWEEN IDAHO FALLS POWER (IFP) AND EASTERN IDAHO COMMUNITY ACTION PARTNERSHIP (EICAP) This Agreement (the “Agreement”) made this _______ day of ___________2017, by and between CITY OF IDAHO FALLS, IDAHO, a municipal corporation of the State of Idaho, and its Electric Light Division d/b/a Idaho Falls Power, (hereinafter “IFP”), whose mailing address is P.O. Box 50220, Idaho Falls, Idaho 83405, and EASTERN IDAHO COMMUNITY ACTION PARTNERSHIP, (“EICAP”), _____________, whose mailing address is 935 E. Lincoln Road, Idaho Falls, Idaho 83401. WHEREAS, Idaho Falls Power began taking power service in 2012 under a power sales agreement with Bonneville Power Administration (BPA) for generation resources in the Northwest; and WHEREAS, that power sales agreement includes terms for energy efficiency as a condition of receiving federal power service; and WHEREAS, BPA stakeholders participated in shaping Energy Efficiency Post-2011 through a public process the led to a policy framework that defines BPA’s post-2011 role in meeting public power’s share of the conservation target set out in the Northwest Power and Conservation Council’s Sixth Power Plan and future power plans; and WHEREAS, Idaho Falls Power has re-entered into the Energy Efficiency agreement with Bonneville Power Administration for the 2017-2019 rate period t o provide energy efficiency to all of its customer base including low income; and WHEREAS, Eastern Idaho Community Action Partnership provides energy assistance from a variety of funding sources and energy efficiency repairs to Idaho Falls Power customers which qualify for low income; and WHEREAS, Idaho Falls Power desires to partner with EICAP and provide funding for BPA approved energy efficiency measures to low income households in the Idaho Falls Power service area to maximize the effective and efficient delivery of energy efficiency services to low income. NOW THEREFORE, in consideration of the above and for other good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Effective Date EICAP AGREEMENT PAGE 1 OF 7  The terms of this agreement shall apply to service provided during the time period between October 1, 2017, and September 30, 2019. This Agreement may be renewed by mutual written agreement of the parties. 2. Services Provided by EICAP EICAP (Agency) agrees to perform the services detailed in Exhibit A of this Agreement. 3. Program The Residential Low Income Weatherization Program (“Program”) is a program run in conjunction with the Bonneville Power Administration (“BPA”) and IFP. It is designed to assist with the installation of certain electric energy saving weatherization measures in homes of low income customers residing within the service territories of IFP. All funds will be used to fund installation of BPA qualified measures of low income customers receiving service from participating utilities. The Agency may use other funding to cover measures not covered by the BPA program. Agency will take steps to ensure that only BPA program energy saving measures actually installed will be reported to IFP. 4. Promotion and Printed Materials All written materials, and the use of the IFP name, designed to describe or promote the Program shall be coordinated between AGENCY and IFP. Any use of IFP logo or name shall be approved by IFP. 5. Confidentiality AGENCY will keep all IFP customer information to which it may gain access to confidential and will use it only for performance of its obligations under this Agreement. AGENCY shall not release such member information to any third party without written permission from IFP. AGENCY will treat member information as confidential information and shall mark it as such in its filing system. If AGENCY uses any consultants or subcontractors to perform any of its obligations under this Agreement, they must abide by this same confidentiality provision. 6. Payment IFP will pay AGENCY the allowable BPA incentive payment for the measures installed plus 7.5% for AGENCY administrative costs. Prime window replacements will be paid at cost, up to the maximum reimbursement rate of $20 sq. /ft. of glazing. An itemized invoice shall be submitted for payment. AGENCY is responsible for collecting from the customer any additional funds for work performed that are not covered by the BPA willingness-to-pay provisions. AGENCY is EICAP AGREEMENT PAGE 2 OF 7  required to review this with the customer and AGENCY shall acquire prior written acknowledgement from the customer prior to beginning the installation of measures. 7. Budget IFP will commit one hundred fifty thousand dollars ($150,000) to reimburse AGENCY for BPA-approved low income weatherization measures installed in participating utilities low income customer homes and AGENCY administration fees. 8. Insurance Without limiting any liabilities or any other obligations of AGENCY, AGENCY shall, prior to commencing work, secure and continuously carry with insurers, and shall provide evidence of such coverage to IFP, the following insurance coverage: Commercial General Liability Insurance with a minimum single limit of one million dollars ($1,000,000). Business Automobile Liability Insurance with a minimum single limit of one million dollars ($1,000,000) for bodily injury and property damage, with respect to AGENCY’s vehicle, whether owned, hired or non-owned, assigned to, or used in the performance of the work. 9. Workers Compensation AGENCY shall comply with all applicable workers compensation acts in the State of Idaho, and shall furnish proof thereof satisfactory to IFP prior to commencing work. 10. Indemnification AGENCY specifically and expressly agrees to defend, indemnify and hold harmless IFP and agents (collectively INDEMNITEES) against and from any and all losses, claims, demands, suits or costs and damages of every description, including attorney’s fees, brought or made against or incurred by any of the INDEMNITIES resulting from, arising out of, or in any way connected with any act, omission, fault, or negligence of AGENCY, its employees, agents or representatives in the performance or nonperformance of AGENCY’s obligations under this Agreement, or in any way related to this Agreement. AGENCY’s indemnity obligation under this article shall not extend to any liability caused by the sole negligence of any or the INDEMNITEES. 11. Independent Contractor EICAP AGREEMENT PAGE 3 OF 7  AGENCY is an independent contractor, and all persons employed by AGENCY in connection herewith shall be employees of AGENCY and not employees of IFP in any respect. 12. Entire Agreement This Agreement includes all of the following: Exhibit A; and 2016 Residential Weatherization Specifications https://www.bpa.gov/EE/Sectors/Residential/Documents/Wx_Specificatio ns_2016.pdf; and BPA’s Implementation Manual (10/1/2017)--Residential Section . Attached hereto (which are incorporated herein as part of this Agreement), contains the entire understanding between IFP and AGENCY on this subject and supersedes any prior written or oral agreements or understanding. There are no oral understandings or representations outside this Agreement on this subject matter. This Agreement may be amended or modified by either party upon thirty (30) days written notice from one party or the other. The provisions of Sections 5 through 12 of this Agreement shall survive the termination of this Agreement. 13. Termination This Agreement shall be in effect from execution until September 30, 2019, but may be renewed by written agreement by both parties. This Agreement may be terminated by either party upon thirty (30) days prior written notice from one party to the other. The provisions of Section 5 through 12 of this Agreement shall survive the termination of this Agreement. 14.Assignment AGENCY shall not assign this Agreement, or any part hereof, without the prior written consent of IFP, and any attempted assignment in violation hereof shall be void. 15. Invalid Provisions If any provisions of this Agreement is held to be illegal, invalid, or unenforceable under present or future law, each provision shall be fully severable; this Agreement shall be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part of this Agreement; and the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by the illegal, invalid, or unenforceable provision, there shall be added automatically as a part of this Agreement a provision as similar in term to such illegal, invalid and unenforceable provision as may be possible and be legal, valid and enforceable. 16. Jurisdiction and Venue EICAP AGREEMENT PAGE 4 OF 7  It is agreed that this Agreement shall be construed under and governed by the laws of the State of Idaho. In the event of litigation concerning it, it is agreed that proper venue shall be the District Court of the Seventh Judicial District of the State of Idaho, in and for the County of Bonneville. This Agreement is agreed to and accepted by: ATTEST: “CITY” City of Idaho Falls, Idaho By By Kathy Hampton, City Clerk Rebecca L. Noah Casper, Mayor Idaho Falls Power (IFP) EASTERN IDAHO COMMUNITY ACTION PARTNERSHIP (EICAP) By: __________________________ By: __________________________ Name: _______________________ Name: _______________________ Title: ________________________ Title: _________________________ Date: ________________________ Date: _________________________ EICAP AGREEMENT PAGE 5 OF 7  STATE OF IDAHO ) ) ss. County of Bonneville ) On this day of , 2017, before me, the undersigned, a notary public for Idaho, personally appeared Rebecca L. Noah Casper, known to me to be the Mayor of the City of Idaho Falls, Idaho, a municipal corporation that executed the foregoing document, and acknowledged to me that she is authorized to execute the same for and on behalf of said City. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public of Idaho Residing at: ______________________________ My Commission Expires:______________ (Seal) EICAP AGREEMENT PAGE 6 OF 7  EXHIBIT A SCOPE OF WORK Eastern Idaho Community Action Partnership (AGENCY) will perform the following services related to the Low Income Weatherization Program for Idaho Falls Power (IFP). 1. AGENCY shall use IFP program funds to assist customer households currently receiving electric service from IFP and use the electricity as the primary heating source. 2. AGENCY will qualify IFP customers for the program using the guidelines provided in the BPA Implementation Manual, including the following guidelines: a. The resident’s income does not exceed 200% of poverty as defined by federal guidelines. b. All measures must generate reportable, cost-effective savings in IFP service territory. c. There will be no discrimination among applicants on the basis of race, color, religion or sex. 3. AGENCY will operate within the parameters given in the latest version of the Regional Technical Forum Weatherization Specifications and the BPA Implementation Manual. 4. AGENCY may qualify projects (verifying financial and site requirements) and perform energy audits without prior consent of IFP. Notification of an energy audit to the utility providing electric service to the residence is preferred whenever possible. 5. Supporting documentation required by the BPA Program will be provided for all invoices sent to IFP or its representative upon request. AGENCY is not to submit any information to BPA directly. 6. AGENCY is responsible for installing and verifying that all measures are in accordance with local building codes, manufacturer’s recommendations and all other applicable guidelines. 7. AGENCY will communicate to the customer that an IFP representative will also complete a post-installation inspection. 8. AGENCY may perform additional measures that are not covered within the BPA low income guidelines at their discretion. However, IFP will not pay AGENCY for these measures and AGENCY will be responsible to collect any amount owed for the additional measures from the customer. 9. AGENCY will provide any written materials regarding the program to IFP for review and acceptance before providing them to customers. IFP agrees to work in conjunction with AGENCY as follows: 1. IFP will process the information received from AGENCY in an expeditious manner and submit reports directly to BPA. 2. IFP will remit payment to AGENCY. EICAP AGREEMENT PAGE 7 OF 7  ORDINANCE NO. 2017- AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, AMENDING TITLE 4, CHAPTER 2, TO EXTEND THE HOURS OF SALE OF LIQUOR BY THE DRINK TO 2 AM; AND PROVIDING SEVERABILITY, CODIFICATION, PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE. WHEREAS, the State Code permits cities to allow the sale of liquor by the drink to extend until two o’clock am (2:00 am); and WHEREAS, the Idaho Falls City Code currently prohibits the sale of liquor by the drink after one o’clock am (1:00 am) within City limits; and WHEREAS, the City wishes to be consistent in its administration of alcohol related-codes by the County and State; and WHEREAS, the Council believes that the allowing for the sale of liquor by the drink will not adversely affect the population or the City’s ability to enforce current alcohol related-codes. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF IDAHO FALLS, AS FOLLOWS: SECTION 1. Chapter 2 of Title 4 of the City Code of the City of Idaho Falls, Idaho, is hereby amended as follows: ... 4-2-15: HOURS OF SALE: No liquor shall be sold, offered for sale or given away upon any licensed premises during the following hours: (A) Between one two o'clock (1:00 2:00) a.m. on Christmas and ten o'clock (10:00) a.m., of the following day. (B) Between one two o'clock (1:00 2:00) a.m. and ten o'clock (10:00) a.m. of any day. ... SECTION 2. Savings and Severability Clause. The provisions and parts of this Ordinance are intended to be severable. If any section, sentence, clause or phrase of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. The remaining Sections of Title 4, Chapter 2, shall be in full force and effect. ORDINANCE –EXTENDING HOURS OF SALE OF LIQUOR BY THE DRINK PAGE 1 OF 3 SECTION 3. Codification Clause. The City Clerk is instructed to immediately forward this Ordinance to the codifier of the official municipal code for proper revision of the Code. SECTION 4. Publication. This Ordinance, or a summary thereof in compliance with Idaho Code, shall be published once in the official newspaper of the City, and shall take effect immediately upon its passage, approval, and publication. SECTION 5. Effective Date. This Ordinance shall be in full force and effect from and after its passage, approval and publication. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR this _____ day of ______________, 2017. _________________________________ Rebecca L. Noah Casper, Mayor ATTEST: _________________________________ Kathy Hampton, City Clerk (SEAL) STATE OF IDAHO ) : ss. County of Bonneville ) I, KATHY HAMPTON, CITY CLERK OF THE CITY OF IDAHO FALLS, IDAHO, DO HEREBY CERTIFY: That the above and foregoing is a full, true and correct copy of the Ordinance entitled: “AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, AMENDING TITLE 4, CHAPTER 2, TO EXTEND THE HOURS OF SALE OF LIQUOR BY THE DRINK TO 2 AM; AND PROVIDING SEVERABILITY, CODIFICATION, PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE.” __________________________________ Kathy Hampton, City Clerk (SEAL) ORDINANCE –EXTENDING HOURS OF SALE OF LIQUOR BY THE DRINK PAGE 2 OF 3