City Council

October 26, 2017 The City Council of the City of Idaho Falls met in Regular Council Meeting, Thursday, October 26, 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 Ed Marohn Councilmember Michelle Ziel-Dingman Councilmember Barbara Ehardt Councilmember Thomas Hally Councilmember John B. Radford Councilmember David M. Smith Also present: Randy Fife, City Attorney Kathy Hampton, City Clerk All available department directors Pledge of Allegiance: Mayor Casper invited Karsten Borg, an eighth-grade student at Sandcreek Middle School and Boy Scout Troop #110, 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. Jon Wood, Wood Funeral Home, appeared. Mr. Wood indicated he submitted documentation to the Councilmembers regarding the fee changes at Rosehill and Fielding Memorial Cemeteries. He stated he also visited with Brent Martin, Parks and Recreation Superintendent, and Scott Davis, Cemetery Sexton, which whom he was very impressed. Mr. Wood stated he was in error in his documentation. He reviewed cemetery fees, including the additional charge of $300 for a Saturday burial plus the $500 opening and closing fee as well as an additional $300 late fee, for those working past 4:30 p.m. Mr. Wood believes the general population operates 8:00-5:00, therefore the late fee was concerning. He also expressed his concern for a new 72-hour fee, in the amount of $300. He stated he is against the Saturday fees, as Saturday is a typical working day for funeral homes and cemeteries. Mr. Wood stated Mr. Martin indicated he would lower the 72 hours to 48 hours, in which Mr. Wood would be in favor of. Brian Wood, Wood Funeral Home, appeared. Mr. Wood believes some of the cemetery fees are unclear per the documentation received from the Parks and Recreation Department. He indicated the 72-hour notice was due to staffing and safety concerns although he questioned the validity of the 72-hour notice. Mr. Wood believes the 72- hour notice has been difficult for the general public to accept as he believes the City is stating when funerals can and cannot occur. Consent Agenda: Office of the Mayor requested approval of Economic Development – Community Development Grant Awards, and official Proclamations from the preceding month. Public Works requested approval of Bid Award – 65th South Pump Station to Well 18 Water Line. Municipal Services requested approval of Bid IF-17-22, Parks Wayfinding; Bid IF-17-23, Line Clearance Project; and, Bid IF-18-D, Airport Security System. 1  October 26, 2017 Idaho Falls Public Library requested approval of the Library Resolution. *RESOLUTION 2017-24 A RESOLUTION OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, GRANTING APPROVAL TO IDAHO FALLS PUBLIC LIBRARY BOARD OF TRUSTEES FOR CERTAIN LIBRARY BOARD PRACTICES; AND PROVIDING THAT THIS RESOLUTION BE EFFECTIVE UPON ITS PASSAGE, APPROVAL AND PUBLICATION ACCORDING TO LAW. The City Clerk requested approval of Expenditure Summary for the month of September, 2017; minutes from the September 28, 2017 Idaho Falls Power Board Meeting; October 2, 2017 Special Meeting; October 10, 2017 Council Work Session; October 12, 2017 Idaho Falls Power Board Meeting; and October 12, 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 Radford, Ehardt, Smith, Marohn, Dingman, Hally. Nay – none. Motion carried. Regular Agenda: Community Development Services Subject: RSC-1 Site Plan Approval and Reasoned Statement of Relevant Criteria and Standards for Dutch Brothers Coffee, Lot 1, Block 1, Candy Cottage Addition For consideration is the application for RSC-1 Site Plan Approval and Reasoned Statement of Relevant Criteria and Standards for Dutch Brothers Coffee, Lot 1, Block 1, Candy Cottage Addition. The Planning and Zoning Commission considered this application at its October 3, 2017 meeting and recommended approval by unanimous vote with conditions that the site plan show a 50 foot setback, a pedestrian connection be added from the sidewalk to the building, and that north access to Bonita be labeled as one-way traffic. The required adjustments have been made. Staff recommends approval of the application. Councilmember Dingman stated this parcel is approximately ½ acre and was rezoned in 2004. It was moved by Councilmember Dingman, seconded by Councilmember Smith, to approve the Site Plan for Dutch Brothers Coffee, Lot 1, Block 1, Candy Cottage Addition. Roll call as follows: Aye – Councilmembers Hally, Smith, Dingman, Ehardt, Marohn, Radford. Nay – none. Motion carried. It was moved by Councilmember Dingman, seconded by Councilmember Smith, to approve the Reasoned Statement of Relevant Criteria and Standards for the Site Plan for Dutch Brothers Coffee, Lot 1, Block 1, Candy Cottage Addition, 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. Parks and Recreation Subject: South Fork Archers Lease Agreement For consideration is a Lease Agreement renewal between the City of Idaho Falls and South Fork Archers for the purposes of leasing property for archery range usage from October 1, 2017 through September 30, 2022. Parks and Recreation Director Greg Weitzel stated the major difference of the renewal agreement is the removal of a section of land on the west side of the property. He indicated the property was envisioned for future development 2  October 26, 2017 although any future development will not occur until funding becomes available. At that time, any site plan will be submitted per normal City procedures. Mr. Fife stated the exhibit area is described in paragraph 1 of the agreement. It was moved by Councilmember Radford, seconded by Councilmember Hally, to approve the South Fork Archers lease agreement renewal, 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. Mayor Casper stated several Department Directors have met with the South Fork Archers leadership regarding long-term land uses. She believes the goal is to meet the needs of Idaho Falls citizens. Subject: Woodbury Special Warranty Deed and Memorandum of Understanding For consideration is a Memorandum of Understanding and Special Warranty Deed to accept the donation of a parcel of property as well as to agree to design, develop and construct a public restroom on said property in aesthetic similarity to the adjacent hotel. Councilmember Radford stated materials were donated from the hotel. He also stated there is no use of taxpayer dollars due to the grant and the donation. It was moved by Councilmember Radford, seconded by Councilmember Hally, to approve the Memorandum of Understanding and Special Warranty Deed, 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. Public Works Subject: Easement Vacation Request – Portion of Dedicated Easement located Southeast of Broadway/Old Butte Road Intersection Liberty Homes is requesting the vacation of a portion of a dedicated public utility easement, Instrument No. 1309254. They have built upon a portion of the easement and have agreed to provide additional easement as requested by review utilities. Utilities have no objection to the request as long as the additional easement is provided. It was moved by Councilmember Ehardt, seconded by Councilmember Dingman, to give authorization for City Attorney to prepare documents needed to accomplish the vacation. Roll call as follows: Aye – Councilmembers Smith, Hally, Dingman, Radford, Ehardt, Marohn. Nay – none. Motion carried. Subject: Minor Change Order No. 1 – 7th Street Water Line Replacement from South Boulevard to Holmes Avenue For consideration is Change Order No. 1 to the 7th Street Water Line Replacement from South Boulevard to Holmes Avenue project. During construction the existing base material beneath the existing pavement was deemed inadequate and needed to be replaced. In addition, unsuitable building material was encountered throughout the project that required removal and replacement of these materials as well. The total cost to the City for this additional work is $207,476.50 which will be apportioned between the Street and Water Divisions. Councilmember Ehardt stated this amount will be allocated from the previous year budget. It was moved by Councilmember Ehardt, seconded by Councilmember Dingman, to approve Change Order No. 1 to the 7th Street Water Line Replacement from South Boulevard to Holmes Avenue project, and give authorization 3  October 26, 2017 for the Mayor to execute the necessary documents. Roll call as follows: Aye – Councilmembers Hally, Marohn, Radford, Dingman, Smith, Ehardt. Nay – none. Motion carried. Idaho Falls Power Subject: Acceptance of Qualified Bidders for 15th Street Substation Rebuild and Invitation to Bid At the August 24 City Council meeting, Council authorized staff to prequalify potential bidders for general contractor work associated with upgrades to the 15th Street Substation. Ten potential bidders responded to our advertised solicitation. The responses have been reviewed by our engineer, MPE Consulting, with five being deemed qualified and allowed to move forward. It was moved by Councilmember Smith, seconded by Councilmember Hally, to approve prequalification of Cache Valley Electric, Caribou Construction, Anderson & Wood Construction, Probst Electric, and Wheeler Electric and authorize the bid package to be mailed to these contractors for competitive bidding. Roll call as follows: Aye – Councilmembers Ehardt, Radford, Smith, Marohn, Dingman, Hally. Nay – none. Motion carried. Subject: Approve Battelle Energy Alliance (BEA) LLC Utility Update Agreement This agreement is for the conversion of their facilities to a negotiated rate due to the triggering of the new large single load rate with the construction of the C3 and Cybercore buildings. This agreement outlines the work required to convert their facilities to the new rate along with interconnection of the two new buildings, C3 and Cybercore. Councilmember Smith stated the negotiated rate is part of the economic development tools within the City. Councilmember Radford concurred. He believes this is the cost of doing business. He commended Idaho Falls Power Director Jackie Flowers and the Idaho Falls Power staff. It was moved by Councilmember Smith, seconded by Councilmember Hally, to approve the agreement with Battelle Energy Alliance (BEA) LLC, and give authorization for the Mayor to execute the necessary documents. Roll call as follows: Aye – Councilmembers Radford, Ehardt, Hally, Smith, Marohn, Dingman. Nay – none. Motion carried. Subject: Approve License Agreement for Access with Verizon Wireless Idaho 6 - Clark Limited Partnership dba Verizon Wireless has requested permission to use property owned and maintained by Idaho Falls Power as access to adjacent property they lease. Their leasehold property includes a cellular tower, for which placement was approved by Bonneville County. It was moved by Councilmember Smith, seconded by Councilmember Hally, to approve the License Agreement for Access with Idaho 6 – Clark Limited Partnership dba Verizon Wireless, 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. Legal Subject: Public Hearing - Proposed Fee Increase to Ambulance Fees and Charges This proposed fee increase and notification of hearing was advertised October 15 and October 22 as required by Idaho Code. This Resolution will amend and update ambulance fees and charges. The proposed changes are necessary to address the increased cost of providing ambulance service. Mayor Casper opened the public hearing and ordered all information presented be entered into the record. 4  October 26, 2017 Idaho Falls Fire Department Division Chief Jeff Parsons appeared. He stated the proposed fees were advertised incorrectly as the 2015 fees. This change is required to reflect the fees approved for the FY2017/2018 budget year. Councilmember Marohn clarified ambulance fees were increased 5%, including the mileage. He confirmed the error in posting the fees. Mayor Casper requested any public comment. There being no public comment, Mayor Casper closed the public hearing. It was moved by Councilmember Ehardt, seconded by Councilmember Radford, to adopt the resolution to add and update the noticed fees into the City’s fee schedule. Roll call as follows: Aye – Councilmembers Ehardt, Marohn, Hally, Radford, Smith, Dingman. Nay – none. Motion carried. *RESOLUTION NO. 2017-25 A RESOLUTION OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, ADOPTING A SCHEDULE OF REVISED FEES FOR SERVICES PROVIDED AND REGULARLY CHARGED AS SPECIFIED BY CITY CODE; AND PROVIDING THAT THIS RESOLUTION BE EFFECTIVE UPON ITS PASSAGE, APPROVAL, AND PUBLICATION ACCORDING TO LAW. There being no further business, the meeting adjourned at 8:07 p.m. s/ Kathy Hampton s/ Rebecca L. Noah Casper CITY CLERK MAYOR *Resolution titles were inadvertently omitted. Titles were added to the minutes per City Attorney approval 1-5-2018. 5