City Council

October 12, 2017 The City Council of the City of Idaho Falls met in Regular Council Meeting, Thursday, October 12, 2017, in the Council Chambers in the City Annex Building located at 680 Park Avenue in Idaho Falls, Idaho at 7:30 p.m. Call to Order: There were present: Mayor Rebecca L. Noah Casper Councilmember John B. Radford Councilmember Barbara Ehardt Councilmember David M. Smith Councilmember Ed Marohn Councilmember Michelle Ziel-Dingman Councilmember Thomas Hally Also present: Michael Kirkham, Assistant City Attorney Kathy Hampton, City Clerk All available department directors Pledge of Allegiance: Mayor Casper invited Nick James, a freshman student at Idaho Falls High School and Bonneville Chapter DeMolay, to lead those present in the Pledge of Allegiance. Public Comment: Mayor Casper requested any public comment not related to items on the agenda or noticed for a public hearing. Jaime Braithwaite, Woodhaven Lane, Idaho Falls, appeared. Ms. Braithwaite stated she is serving as President for the Stonebrook Home Owners Association (HOA). She expressed her appreciation to the Parks and Recreation (P&R) Department for the letter of reprimand regarding the violations of trees that may be below the required clearance from sidewalks and streets. She stated the letter has been distributed digitally to all homes within the association. She is hopeful this will assist with the visibility of school traffic signs although she requested all the signs be updated per the Idaho Falls Traffic Committee study. Ms. Braithwaite also expressed her appreciation with law enforcement although she believes the signs are inadequate for the school zone. She expressed her concern for the volunteer crossing guards and the children regarding the lack of enforcement. She requested to collaborate, persevere, and take responsibility in this traffic safety issue for results. Rome Stiffler, member of South Fork Archers, appeared. Mr. Stiffler questioned the absence of the South Fork Archers lease agreement on the agenda as the lease has expired. He believes this is a push to remove the archery range for the location of a substation. He indicated the land for said substation currently exists. He also believes the developer is pushing Idaho Falls Power not to disturb his investment. Mr. Stiffler stated this is a successful facility and continues to grow with the assistance of P&R. He questioned the resources and money that have been utilized if the archery range were to close. He stated if this closure is occurring, he is very disappointed. Katie Hart, resident of Stonebrook, appeared. Ms. Hart expressed her appreciation to the several Councilmembers who have taken the time to address the safety concerns within the Stonebrook neighborhood. She requested direction for the correct forum to address this concern and other issues, such as the archery range. Ms. Hart indicated the residents of Stonebrook have waited ten (10) years for results regarding the school zone issues. She indicated it would be helpful to keep continuity over time when politicians change and issues do not get resolved. Ms. Hart stated one result would be paid crossing guards, which have been requested. She believes this result would allow additional time to work on the remaining issues. She also believes collaboration is needed and requested results to happen soon. 1  October 12, 2017 Mayor Casper believes conversations have been occurring to resolve all concerns expressed. She briefly reviewed the appropriate City process prior to any official response. She expressed her appreciation to those citizens who have raised their issues and concerns. Consent Agenda: Idaho Falls Power requested ratification of power transactions with Shell Energy. Public Works requested approval of Bid Award – Well 1 Upgrades. Municipal Services requested approval of Bid IF-18-A, Replacement Ambulance for the Fire Department; Bid IF- 18-C, Road Salt for the Public Works Department; and Self-Insured Workers’ Compensation Claims Management Contract. The City Clerk requested approval of minutes from the September 25, 2017 Council Work Session; and September 28, 2017 Council Meeting, and license applications, all carrying the required approvals. It was moved by Councilmember Marohn, seconded by Councilmember Radford, to approve, accept, or receive all items on the Consent Agenda according to the recommendations presented. Roll call as follows: Aye – Councilmembers Dingman, Smith, Marohn, Ehardt, Hally, Radford. Nay – none. Motion carried. Regular Agenda: Municipal Services Subject: Bid IF-18-B, Purchase of Stryker Power Load Systems for Fire Department Municipal Services and Fire Department requests authorization to make a sole source purchase for Stryker power load systems for a total purchase cost of $126,889.56. Transition to this system has been a priority of the Fire Department over the last 2-3 years and reduces the risk of Fire personnel safety issues associated with lifting and loading patients in ambulances. Councilmember Marohn stated the purchase includes six (6) systems of which four (4) systems will be installed into older ambulances and two (2) systems will be installed into new ambulances. Funding for the four (4) ambulances is within the Ambulance Fund, and funding for the two (2) ambulances is within the Municipal Equipment Replacement Fund (MERF). Councilmember Radford believes this money is being well spent due to the reduced workmans’ compensation claims. It was moved by Councilmember Marohn, seconded by Councilmember Radford, to give authorization for Municipal Services and Fire Department to make a sole source purchase for Stryker power load systems for a total purchase cost of $126,889.56. Roll call as follows: Aye – Councilmembers Marohn, Dingman, Ehardt, Hally, Radford, Smith. Nay – none. Motion carried. Fire Department Subject: Entry Level Testing Agreement with Public Safety Testing For consideration is an agreement with Public Safety Testing to administer our annual entry level Firefighter test and also subscribe to their out of region testing system. Fire Chief Dave Hanneman stated the testing process has traditionally occurred on a local basis which has been difficult to gain diversity in the Idaho Falls Fire Department. This company offers agreements within all 50 states and several colleges which would allow an applicant to take the test at their current location prior to coming to 2  October 12, 2017 Idaho Falls. Councilmember Marohn stated the total amount for the written portion of the Public Safety Testing is approximately $2500. Chief Hanneman stated current costs for the written test are approximately $8000. It was moved by Councilmember Marohn, seconded by Councilmember Radford, to approve the agreement with Public Safety Testing, and give authorization for the Mayor to execute the necessary documents. Roll call as follows: Aye – Councilmembers Smith, Hally, Dingman, Radford, Ehardt, Marohn. Nay – none. Motion carried. Parks and Recreation Subject: Festival of Lights Personal Services Agreement For consideration is a Personal Services Agreement renewal between the City of Idaho Falls and Wilding Enterprises, LLC for set up and administration of a drive through winter light display at Freeman Park. The agreement has been reviewed and approved by the City attorney. Councilmember Radford stated this event has been a popular feature over the previous two (2) years. It was moved by Councilmember Radford, seconded by Councilmember Hally, to approve the Professional Services Renewal Agreement with Wilding Enterprises, LLC, 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, Ehardt. Nay – none. Motion carried. Subject: Ice Arena Concessions Agreement For consideration is the Ice Arena Concessions Agreement between the City of Idaho Falls and Idaho Falls Youth Hockey IFYHA, Inc. for concession rights at the Joe Marmo and Wayne Lehto Ice Arena from October 1, 2017 through September 30, 2018. The agreement has been reviewed and approved by the City attorney. It was moved by Councilmember Radford, seconded by Councilmember Hally, to approve the Ice Arena Concessions Agreement with the Idaho Falls Youth Hockey IFYHA, and give authorization for the Mayor and City Clerk to execute the necessary documents. Roll call as follows: Aye – Councilmembers Ehardt, Radford, Smith, Marohn, Dingman, Hally. Nay – none. Motion carried. Subject: Tautphaus Park Arcade Concession Agreement For consideration is an agreement renewal between the City of Idaho Falls and LOML , L.L.C. d/b/a Funland for the purposes of providing arcade concessions at Tautphaus Park from February 1, 2018 through January 31, 2019. The agreement has been reviewed and approved by the City attorney. Councilmember Radford stated this City is not entering into a long-term contract due to the Tautphaus Park Master Plan. It was moved by Councilmember Radford, seconded by Councilmember Hally, to approve the renewal agreement with LOML , L.L.C. d/b/a Funland, and give authorization for the Mayor and City Clerk to execute the necessary documents. Roll call as follows: Aye – Councilmembers Radford, Ehardt, Hally, Smith, Marohn, Dingman. Nay – none. Motion carried. Subject: Veterinary Services Independent Contractor Agreement For consideration is an independent contractor agreement renewal between the City of ldaho Falls and Dr. Rhonda Aliah for the purposes of providing veterinary services at the Idaho Falls Zoo at Tautphaus Park from October 1, 2017 through September 30, 2018. The agreement has been reviewed and approved by the City attorney. 3  October 12, 2017 Councilmember Radford commended Dr. Rhonda Aliah. It was moved by Councilmember Radford, seconded by Councilmember Hally, to approve the independent contractor renewal agreement with Dr. Rhonda Aliah, and give authorization for the Mayor and City Clerk to execute the necessary documents. Roll call as follows: Aye – Councilmembers Marohn, Dingman, Ehardt, Hally, Radford, Smith. Nay – none. Motion carried. Community Development Services Subject: Approval of FY2017/2018 BID (Business Improvement District) Management Agreement For consideration is the BID Management Agreement for FY2017/2018. As part of the BID ordinance, the City approves the agreement with Idaho Falls Downtown Development Corporation (IFDDC) to manage the funds collected through the BID assessment. The agreement establishes the conditions, dates for payment, and outlines IFDDC’s goals and objectives for the coming year. Staff recommends approval of the agreement. Councilmember Dingman stated the BID allows the City to collect and provide funds to the IFDDC. This agreement will allow for Open Meeting Law requirements for the Board of Directors. It was moved by Councilmember Marohn, seconded by Councilmember Smith, to approve the BID (Business Improvement District) Management Agreement, and give authorization for the Mayor and City Clerk to execute the necessary documents. Roll call as follows: Aye – Councilmembers Ehardt, Marohn, Hally, Radford, Smith, Dingman. Nay – none. Motion carried. Subject: Public Hearing - Rezoning to remove a PT-1 Overlay, Zoning Ordinance, and Reasoned Statement of Relevant Criteria and Standards, Lots 19-24, Block 24, Lots 7-24, Block 37, Highland Park For consideration is the application for Rezoning to remove a PT-1 Overlay, Zoning Ordinance, and Reasoned Statement of Relevant Criteria and Standards, Lots 19-24, Block 24, Lots 7-24, Block 37, Highland Park. The Planning and Zoning Commission considered this item at its September 5, 2017 meeting and recommended approval by unanimous vote. Staff concurs with this recommendation. Mayor Casper opened the public hearing and ordered all information presented be entered into the record. Community Development Services Director Brad Cramer appeared with the following: Slide 1 – Property under consideration in current zoning, includes two (2) parcels Slide 2 – Aerial photo of property under consideration Slide 3 – Additional aerial photo of property under consideration Director Cramer stated the property owner on the southern portion of the property requested development but was not allowed due to the current zoning. He stated over the course of time no development had occurred, therefore the City initiated the rezoning to allow consistency in the area. Slide 4 – Comprehensive Plan Future Land Use Map Slide 5 – Photo looking at undeveloped lot at the end of Elmore Street Slide 6 – Photo of Elmore Street looking north Slide 7 – Photo of undeveloped lots along Elmore Street Slide 8 – Photo of northern end of the rezone area Councilmember Smith noted Elmore Street is an unpaved street. Director Cramer does not anticipate paving unless a development occurs. He stated if a residence was constructed on the lot improvements for street, curb, and gutter would be required. Mayor Casper requested any public comment. No one appeared. Mayor Casper closed the public hearing. 4  October 12, 2017 Councilmember Dingman commended staff for the residents’ response. It was moved by Councilmember Dingman, seconded by Councilmember Smith, to approve the Rezoning Ordinance for Lots 19-24, Block 24, Lots 7-24, Block 37, Highland Park, 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 Dingman, Radford, Marohn, Smith, Hally, Ehardt. Nay – none. Motion carried. At the request of Mayor Casper, the City Clerk read the ordinance by title only: ORDINANCE NO. 3137 AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO; PROVIDING FOR THE REZONING OF LOTS 19-24, BLOCK 24, AND LOTS 7-24, BLOCK 37, HIGHLAND PARK ADDITION AS DESCRIBED IN SECTION 1 OF THIS ORDINANCE FROM R-1 ZONE WITH A PT-1 OVERLAY ZONE TO R-1 ZONE; AND PROVIDING SEVERABILITY, PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE. It was moved by Councilmember Dingman, seconded by Councilmember Smith, to approve the Reasoned Statement of Relevant Criteria and Standards for the rezoning for Lots 19-24, Block 24, Lots 7-24, Block 37, Highland Park, and give authorization for the Mayor to execute the necessary documents. Roll call as follows: Aye – Councilmembers Radford, Ehardt, Smith, Marohn, Dingman, Hally. Nay – none. Motion carried. Subject: Public Hearing - Sign Ordinance amendment to modify requirements for billboard locations For consideration is an ordinance amendment requested by YESCO Signs according to Local Land Use Planning Act (LLUPA) §67-6509 and §67-6511 to modify location requirements for billboards. The amendment would be applicable to entryways to the City and allow billboards to be closer to the Snake River and Riverwalk and measure distance between billboards with a linear measurement instead of a radial measurement. Planning and Zoning Commission considered this item at its September 5, 2017 meeting and recommended denial by a 9-1 vote. Staff concurs with this recommendation. Mayor Casper opened the public hearing and ordered all information presented be entered into the record. Director Cramer clarified staff has had a good working relationship with YESCO for several years and YESCO has assisted with the previously revised sign ordinance on two (2) occasions. Director Cramer stated under the current City Code, YESCO can install an electronic sign on their property, just not the type requested. He presented the following: Slide 1 – Current Code Definitions He stated the code addresses On Premise Signs – located on the premises upon which the sign is located and only advertises any business located on that property; and, Off Premise Signs – not related to the premises on which the sign is located, such as a billboard. He also stated every commercial property is allowed to have an On Premise Sign, not every property can have an Off Premise Sign as required by zoning. Director Cramer briefly reviewed examples of electronic message center signs and electronic billboards. He indicated the requested change includes the measurement from 750’ radial to 750’ linear and the distance required would be reduced from 750’ to 500’ from designated gateways/entryways to the City. Examples of gateways/entryways include Broadway and I15, and Sunnyside and I15. Director Cramer stated the changes would open approximately 30 billboard sites. He believes this is a concern for the Planning and Zoning (P&Z) Commission as this relates to the Comprehensive Plan Policies which may allow clutter of the City with too many signs. He also indicated concern of the P&Z rewriting a code for a certain property benefit as well as providing protection of the Snake River. Brief discussion followed regarding entryways to the City. Director Cramer believes the location of YESCO, in proximity to Yellowstone Highway, is an entryway to the City. He indicated billboard regulations did not exist approximately 15 years ago and therefore the City was approached by a billboard company which in turn assisted with drafting the City Code. Per 5  October 12, 2017 Councilmember Radford, the definition of billboard was clarified by Mr. Kirkham. Director Cramer reiterated this request only pertains to the Off Premise Sign code as billboards are allowed to be a larger size. Mayor Casper requested any public comment. Eric Ensign, YESCO, appeared. Mr. Ensign stated Director Cramer has been professional and courteous regarding this issue. He indicated the reason for the billboard request is to showcase what YESCO can provide. He believes there is concern for other companies wanting similar signs, but Mr. Ensign does not believe this will occur due to the expense of the signs to build and to maintain. He indicated YESCO has suggested Sunnyside Road be a gateway due to the retail businesses and the natural barriers that would protect the greenbelt. Councilmember Smith stated two (2) substations, one for Idaho Falls Power and one for Rocky Mountain Power, are located along the Snake River. To the response of Councilmember Radford, Director Cramer clarified Snake River Landing (SRL) only advertises SRL businesses. There being no additional public comment, Mayor Casper closed the public hearing. Councilmember Dingman stated she met with Mr. Ensign several years ago and she commended him. She believes future conversations will occur regarding the linear and radial measurement. She also believes the foundation of the planning principles within the City, including the culture of the community, has been built into the Comprehensive Plan. Councilmember Dingman believes businesses should be able to market their own business for success. She stated there are numerous billboards available and believes this request is for a sole applicant looking for a change for their business. She agrees with P&Z regarding change of uses and protection of the Snake River. Councilmember Radford expressed his concern with the future use of the area and he understands that exceptions are difficult. Councilmember Ehardt stated she is a member of the Sign Committee and wants to ensure the committee is forward thinking for businesses including discussions regarding variety of signs. She believes this request is unique due to the individual business advertisement. She does not believe this is in close proximity to the Snake River. She also believes this request could be reasonably accommodated to possibly assist with additional businesses. To the response of Councilmember Hally, Director Cramer stated a variance would only be allowed regarding the height and size of a sign, not the separation distances. He believes a variance could be considered at another time. Mr. Kirkham stated a variance would allow a unique use of property for a specific parcel. It was moved by Councilmember Dingman, seconded by Councilmember Smith, to deny the Sign Ordinance amendment to modify requirements for billboard locations. Roll call as follows: Aye – Councilmembers Smith, Dingman, Marohn, Radford. Nay – Councilmembers Hally, Ehardt. Motion carried. Subject: Public Hearing - Annexation and Initial Zoning of C-1, Annexation and Zoning Ordinances, and Reasoned Statements of Relevant Criteria and Standards, M&B: 14.647 Ac., Sec. 22&23, T2N, R37E For consideration is an application for Annexation and Initial Zoning of C-1, Annexation and Zoning Ordinances, and Reasoned Statement of Relevant Criteria and Standards, M&B: 14.647 Acres, Sections 22 & 23, T 2N, R 37E (Corner of Broadway and S. Bellin Road). The Planning and Zoning Commission considered this application at its September 5, 2017 meeting and recommended approval by unanimous vote. Staff concurs with this recommendation. Mayor Casper opened the public hearing and ordered all information presented be entered into the record. Director Cramer appeared with the following: Slide 1 – Property under consideration in current zoning 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 Director Cramer stated all uses for the C-1 Zone is being considered 6  October 12, 2017 Slide 5 – Photo looking east across the property to W. Broadway Slide 6 – Photo looking southeast across the property Slide 7 – Photo looking south down Bellin Road Slide 8 – Photo looking northwest across intersection of Bellin Road and W. Broadway Slide 9 – Photo looking east down Sunnyvale Way Slide 10 – Photo looking northeast at the corner of Sunnyvale Way and Harmony Drive Slide 11 – Photo south at the corner of Sunnyvale Way and Harmony Drive Director Cramer stated this is a Category A annexation. To the response of Mayor Casper, Director Cramer stated any plans to widen Bellin Road would depend on the existing plans of Bellin Road or a potential traffic study. He noted several County parcels surround this property. Mayor Casper requested any public comment. John Szulczewski, Idaho Falls, appeared. Mr. Szulczewski stated he is the land owner on the westside of this parcel. He requested curbs and gutters along the three (3) lanes of Bellin Road. He indicated people continually cross his property and he believes this would be resolved with the curbs and gutters. He also believes three (3) lanes are needed due to the amount of school buses and traffic. There being no additional public comment, Mayor Casper closed the public hearing. Councilmember Dingman reiterated this parcel is a Category A annexation and is also included in the City Area of Impact (AOI). Mayor Casper recommended the Council thoroughly consider the use of this zone with this particular property. It was moved by Councilmember Dingman, seconded by Councilmember Smith, to approve the Ordinance annexing M&B: 14.647 Acres, Sec. 22&23, T2N, R37E, 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, Radford, Dingman, Ehardt, Marohn. Nay – none. Motion carried. At the request of Mayor Casper, the City Clerk read the ordinance by title only: ORDINANCE NO. 3138 AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO; PROVIDING FOR THE ANNEXATION OF APPROXIMATELY 14.647 ACRES DESCRIBED IN EXHIBIT A OF THIS ORDINANCE, AMENDING THE LEGAL DESCRIPTION OF THE CITY WITH THE APPROPRIATE COUNTY AND STATE AUTHORITIES; AND PROVIDING SEVERABILITY, PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE. It was moved by Councilmember Dingman, seconded by Councilmember Smith, to approve the Reasoned Statement of Relevant Criteria and Standards for the annexation for M&B: 14.647 Acres, Sec. 22&23, T2N, R37E, and give authorization for the Mayor to execute the necessary documents. Roll call as follows: Aye – Councilmembers Dingman, Smith, Marohn, Ehardt, Hally, Radford. Nay – none. Motion carried. It was moved by Councilmember Dingman, seconded by Councilmember Smith, to approve the Ordinance assigning a Comprehensive Plan Designation of Employment Center and establishing the initial zoning for M&B: 14.647 Acres, Sec. 22&23, T2N, R37E as C-1 (Limited Business Zone), under the suspension of the rules requiring three complete and separate readings and that it be read by title and published by summary, that the Comprehensive Plan be amended to include the area annexed herewith, and that the City Planner be instructed to reflect said annexation, zoning, and amendment to the Comprehensive Plan on the Comprehensive Plan and Zoning Maps located in the Planning Office. Roll call as follows: Aye – Councilmembers Marohn, Dingman, Ehardt, Hally, Radford, Smith. Nay – none. Motion carried. 7  October 12, 2017 At the request of Mayor Casper, the City Clerk read the ordinance by title only: ORDINANCE NO. 3139 AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO; PROVIDING FOR THE INITIAL ZONING OF APPROXIMATELY 14.647 ACRES DESCRIBED IN EXHIBIT A OF THIS ORDINANCE AS C-1 ZONE; AND PROVIDING SEVERABILITY, PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE. It was moved by Councilmember Dingman, seconded by Councilmember Smith, to approve the Reasoned Statement of Relevant Criteria and Standards for the Initial Zoning of R-1 Residence Zone for M&B: 14.647 Acres, Sec. 22&23, T2N, R37E, and give authorization for the Mayor to execute the necessary documents. Roll call as follows: Aye – Councilmembers Smith, Hally, Dingman, Radford, Ehardt, Marohn. Nay – none. Motion carried. There being no further business, it was moved by Councilmember Hally, seconded by Councilmember Marohn, to adjourn the meeting at 8:56 p.m. which motion passed following a unanimous vote. s/ Kathy Hampton s/ Rebecca L. Noah Casper CITY CLERK MAYOR 8