City Council

November 8, 2018 The City Council of the City of Idaho Falls met in Regular City Council Meeting, Thursday, November 8, 2018, in the Council Chambers in the City Annex Building located at 680 Park Avenue, Idaho Falls, Idaho at 7:30 p.m. Call to Order: There were present: Mayor Rebecca L. Noah Casper Councilmember Thomas Hally (by telephone until 8:52 p.m.) Councilmember John Radford Councilmember Jim Francis Councilmember Michelle Ziel-Dingman Councilmember Shelly Smede Councilmember Jim Freeman Also present: All available department directors Randy Fife, City Attorney Kathy Hampton, City Clerk Pledge of Allegiance: Mayor Casper requested Tom Hammond, retired U.S. Navy Veteran and Idaho ‘Star’ instructor, to lead those present in the Pledge of Allegiance. Public Comment: Mayor Casper requested any public comment not related to items currently listed on the agenda or not related to a pending matter. Bruce Aaron, Idaho Falls, appeared. Mr. Aaron stated he represents the independent bikers/skin heads. He questioned the Idaho Falls Police Department (IFPD) personnel working at Eastern Idaho Regional Medical Center (EIRMC). He believes the personnel are working on their days off although they are being paid overtime. He also questioned the personnel wearing their uniforms and the use of the IFPD vehicles. Mr. Aaron stated there is no reason for this as EIRMC makes enough money to hire security guards. He believes patrol is needed on the City streets. Mr. Aaron also questioned the construction trucks driving in the fast lane on Sunnyside which is blocking traffic. Jeremy Westwood, Idaho Falls, appeared. Mr. Westwood stated he owns Alta Project Services and is a member of Idaho Falls Skyline LLC., the two (2) companies doing development on Skyline, south of Broadway. He indicated he received an estimate from the Building Division for fees of $221,312.00. At the time of payment of fees in October, 2018, the total fees were $244,116.43, which made a difference of 22,804.40. Mr. Westwood requested time on a Council agenda for discussion and timeline of these fees. He indicated he has spoken to all directors of the department. Mayor Casper stated she will follow up with the directors. Jim Jardine, Idaho Falls, appeared. Mr. Jardine stated it is commendable that the elected officials are potentially voting in favor of flying the Prisoner of War/Missing in Action (POW/MIA) flag. He questioned why the issue came up. Mayor Casper stated this item is included on agenda, the debate and discussion has already occurred. She indicated additional dialogue will need to occur following the meeting. Consent Agenda: Office of the Mayor requested new appointment of Christopher White to the Parks & Recreation Commission and to the Historic Preservation Commission; and, official Proclamations from preceding months. 1  November 8, 2018 Municipal Services requested approval of the Treasurer’s Report for the month of August, 2018; and, Bid IF-19-04, Purchase of Replacement Golf Carts for Sage Lakes Golf Course. The City Clerk requested approval of minutes from the September 24, 2018 Council Work Session; September 27, 2018 Idaho Falls Power Board Meeting; September 27, 2018 Council Meeting; October 9, 2018 Council Work Session; October 11, 2018 Council Meeting; October 17, 2018 Executive Session; October 17, 2018 Area of Impact Meeting; and, October 22, 2018 Council Work Session; and, license applications, including Beer to be Consumed licenses for Tailwind IDA LLC, and, The DEC – Downtown Event Center LLC, all carrying the required approvals. It was moved by Councilmember Radford, seconded by Councilmember Smede, to approve all items on the Consent Agenda according to the recommendations presented. Roll call as follows: Aye – Councilmembers Radford, Freeman, Smede, Francis, Dingman, Hally. Nay – none. Motion carried. Regular Agenda: Public Works Subject: Easement Vacation – Linden Trails Addition, Division 2, Lot 17, Block 3, Storm Sewer Easement For consideration are documents to vacate a public storm sewer easement on Linden Trails Addition, Division 2, Lot 17, Block 3 owned by New Earth Development, Inc. The owner has deed to the City a new easement wherein the storm sewer is located. Councilmember Freeman stated the easement line is being moved ten (10) feet for complete inclusion in the property. This will facilitate the builder and the owner. It was moved by Councilmember Freeman, seconded by Councilmember Francis, to approve the Ordinance providing for the easement vacation on Linden Trails Addition, Division 2, Lot 17, Block 3, 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 Hally, Smede, Dingman, Freeman, Francis, Radford. Nay – none. Motion carried. At the request of Mayor Casper, the City Clerk read the ordinance by title only: ORDINANCE NO. 3226 AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO; PROVIDING FOR THE VACATIONS OF EASEMENTS LOCATED WITHIN THE CITY OF IDAHO FALLS AND LEGALLY DESCRIBED IN SECTION 1 OF THIS ORDINANCE; PROVIDING THAT TITLE TO SAID VACATED EASEMENTS SHALL VEST AS SPECIFIED IN SECTION 3 OF THIS ORDINANCE; PROVIDING THAT THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT FROM AND AFTER PASSAGE, APPROVAL, AND PUBLICATION ACCORDING TO LAW. Municipal Services Subject: Sole Source Purchase of Opticom Preemption System Upgrade for Idaho Falls Power and Public Works Municipal Services, Idaho Falls Power, and Public Works Departments request authorization to advertise the City's intent to make a sole source procurement per I.C. § 67-2808, and then to issue a purchase order to Advanced Traffic Products of Everett, Washington for a total amount of $346,907.50. This purchase will upgrade the emergency Opticom preemption system originally installed in mid-1990 that will become obsolete. 2  November 8, 2018 Councilmember Radford stated this is a specific piece of equipment. It was moved by Councilmember Radford, seconded by Councilmember Smede, to advertise the City's intent to make a sole source procurement, per I.C. § 67-2808, and then to issue a purchase order to purchase Opticom preemption system upgrade from Advanced Traffic Products of Everett, Washington, for a total amount of $346,907.50. Roll call as follows: Aye – Councilmembers Smede, Hally, Radford, Dingman, Freeman, Francis. Nay – none. Motion carried. Subject: Ordinance – Amending Title 2, Chapter 9, Committee Member Terms for the Idaho Falls Civic Center for the Performing Arts Municipal Services requests authorization to amend Title 2, Chapter 9, Section 2. The purpose of this amendment is to allow for the staggering of Idaho Falls Civic Center for the Performing Arts committee appointment and reappointment terms. Councilmember Radford stated the staggered terms will not lose the education and historical data of the committee. Councilmember Freeman questioned the odd number of committee members. Municipal Services Director Pamela Alexander stated three (3) members will serve two-year terms and two (2) members will serve one-year terms. It was moved by Councilmember Radford, seconded by Councilmember Smede, to approve the Ordinance amending Title 2, Chapter 9, 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, Smede, Francis, Freeman, Hally, Radford. Nay – none. Motion carried. At the request of Mayor Casper, the City Clerk read the ordinance by title only: ORDINANCE NO. 3227 AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, AMENDING TITLE 2, CHAPTER 9 STAGGERING IDAHO FALLS CIVIC CENTER FOR THE PERFORMING ARTS COMMITTEE MEMBER TERMS; PROVIDING SEVERABILITY, CODIFICATION, PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE. Subject: City Resolution to Adopt the Idaho Falls Flag Policy Municipal Services respectfully requests the Mayor and City Council approve the adoption of the Idaho Falls flag policy to allow for standardization for the display of flags at all City locations. Councilmember Radford stated Idaho Falls did not previously have a policy, this policy will also direct the City maintenance workers. This item has been discussed at length at Council Work Sessions. It was moved by Councilmember Radford, seconded by Councilmember Smede, to approve the Resolution adopting the Idaho Falls Flag Policy, and give authorization for the Mayor and City Clerk to execute the necessary documents. Roll call as follows: Aye – Councilmembers Francis, Dingman, Freeman, Hally, Radford, Smede. Nay – none. Motion carried. RESOLUTION NO. 2018-29 A RESOLUTION OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, ADOPTING THE IDAHO FALLS FLAG POLICY; AND PROVIDING THAT THIS RESOLUTION BE EFFECTIVE UPON ITS PASSAGE. Subject: City Resolution to Adopt the Official City of Idaho Falls Flag 3  November 8, 2018 Municipal Services respectfully requests the Mayor and City Council approve the adoption of the City of Idaho Falls flag, the City Seal Portion of the flag, to allow for standardization for the display of flags at all City locations. Councilmember Radford stated the City may continue working toward an official City flag. Mayor Casper stated this resolution will designate the official City flag as the blue background with the City seal in the middle. She also stated the current design may be less than optimal. It was moved by Councilmember Radford, seconded by Councilmember Smede, to approve the Resolution adopting the official City of Idaho Falls Flag, and give authorization for the Mayor and City Clerk to execute the necessary documents. Roll call as follows: Aye – Councilmembers Smede, Hally, Dingman, Radford, Freeman, Francis. Nay – none. Motion carried. RESOLUTION NO. 2018-30 A RESOLUTION OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, ADOPTING THE OFFICIAL CITY OF IDAHO FALLS FLAG; AND PROVIDING THAT THIS RESOLUTION BE EFFECTIVE UPON ITS PASSAGE. Subject: City Resolution to Adopt the Schedule for Flying the Prisoner of War/Missing in Action (POW/MIA) Flag Municipal Services respectfully requests the Mayor and City Council approve the adoption of the schedule for flying the POW/MIA flag to allow for standardization for the display of flags at all City locations. Councilmember Radford stated the elected officials have appreciated the conversations and public input that has occurred regarding this flag. He believes government is only as good as its citizenry, this bodes well for the leaders. He also believes the Veterans have led the way which has also been influenced by young people. Councilmember Freeman stated he is proud to support this resolution, he expressed his appreciation to those who expressed their feelings. It was moved by Councilmember Radford, seconded by Councilmember Smede, to approve the Resolution establishing a schedule for flying the POW/MIA Flag, and give authorization for the Mayor and City Clerk to execute the necessary documents. Roll call as follows: Aye – Councilmembers Freeman, Radford, Smede, Francis, Dingman, Hally. Nay – none. Motion carried. RESOLUTION NO. 2018-31 A RESOLUTION OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, REAFFIRMING THE CITY’S SUPPORT OF THE ARMED SERVICES AND VETERANS AND ESTABLISHING A SCHEDULE FOR FLYING THE POW/MIA FLAG; AND PROVIDING THAT THIS RESOLUTION BE EFFECTIVE UPON ITS PASSAGE AND INSTALLATION OF APPROPRIATE SIGNAGE. Human Resources Subject: Amend the City Personnel Manual Pursuant to discussion held during the November 5, 2018 City Council Work Session, the Human Resources (HR) Department respectfully requests that the Council consider and vote on a resolution to amend the City Personnel Manual. Mayor Casper commended Councilmember Francis for his hard work on this manual. Councilmember Francis stated this revised City manual incorporates several key changes, a lot of thought, and much effort from the HR Department. This item was discussed at the November 5, 2018 Council Work Session. Councilmember Francis 4  November 8, 2018 stated the manual includes a progressive improvement of performance relative to the committed supervisor leadership training sessions. The manual also includes a revised step by step grievance procedure. Councilmember Francis noted, following conversation with Human Resources Director Ryan Tew regarding the salary schedule, ‘adequate’ has been changed to ‘satisfactory’. He also noted there was additional change regarding the Electrical Department exempt positions. Councilmember Dingman believes the Council may fail to recognize the City is a major employer. She expressed her appreciation to Councilmember Francis for his skills and his work to benefit the employees. She believes this manual clarifies important procedures. Councilmember Radford questioned the step and grade options within the Electrical Department. Councilmember Francis stated the Electrical Department is striving for cohesive compensation that would allow market salary structure. Director Tew stated for several years the Electrical Department has been looking at ways to merge several groups of employees under one (1) system that would be driven by a market structure. This includes grades but no step and grades and would be in-line with traditional business pay structure. Councilmember Hally believes the establishment of the HR Department has allowed the opportunity to improve the policy, which is a benefit to the City, the managers, and the numerous employees. It was moved by Councilmember Francis, seconded by Councilmember Freeman, to approve the Resolution amending the City Personnel Manual, and give authorization for the Mayor and City Clerk to execute the necessary documents. Roll call as follows: Aye – Councilmembers Hally, Francis, Dingman, Smede, Freeman. Nay – none. Abstain – Councilmember Radford. Motion carried. RESOLUTION NO. 2018-32 A RESOLUTION OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, AMENDING CITY OF IDAHO FALLS PERSONNEL POLICY REGARDING NEPOTISM, EMPLOYEES' COMMENT PERIOD ON PERSONNEL POLICY CHANGES, PROMOTIONS, SICK LEAVE PAYOUT, LEAVE WITHOUT PAY, PROGRESSIVE DISCIPLINE, TERMINATION, DRUG USE, AND GRIEVANCE PROCEDURES; AND PROVIDING THAT THIS RESOLUTION BE EFFECTIVE UPON ITS PASSAGE, APPROVAL, AND PUBLICATION ACCORDING TO LAW. Subject: Adopt the Police Personnel Manual Pursuant to discussion held during the November 5, 2018 City Council Work Session, the Police Department respectfully requests that the Council consider and vote on a resolution to adopt the proposed Police Personnel Manual. Councilmember Francis read the preamble of the policy. He believes collaboration means the concept for people to reasonably discuss ideas and come to an agreement. He stated this manual clarifies the overtime policy, creates grievance procedures, and increases communication. Councilmember Freeman congratulated Councilmember Francis for his hard work on this policy. It was moved by Councilmember Francis, seconded by Councilmember Freeman, to approve the Resolution adopting the Police Personnel Manual, and give authorization for the Mayor and City Clerk to execute the necessary documents. Roll call as follows: Aye – Councilmembers Francis, Dingman, Freeman, Hally, Radford, Smede. Nay – none. Motion carried. RESOLUTION NO. 2018-33 A RESOLUTION OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, ADOPTING AN IDAHO FALLS POLICE DEPARTMENT PERSONNEL MANUAL; AND PROVIDING THAT THIS RESOLUTION BE EFFECTIVE UPON ITS PASSAGE, APPROVAL, AND PUBLICATION ACCORDING TO LAW. Airport 5  November 8, 2018 Subject: Approval of Concession Lease Agreement with Tailwind IDA For consideration is a lease agreement with Tailwinds IDA. This is a 5-year lease agreement to provide concessions/restaurant services. Councilmember Dingman recognized the economic benefits of the Airport. She stated the City accepted proposals for a concessionaire, the current concessionaire did not apply. She commended Airport Director Rick Cloutier for his efficiencies of the Airport. Director Cloutier believes Tailwind IDA will bring a great service to the community and Airport passengers. He also believes the concessionaire will increase revenue and will decrease costs to the Airport. Director Cloutier stated Tailwind IDA will spend approximately $150,000 in improvements for a full- service restaurant. There will be two (2) full-service restaurants, one (1) on each floor of the Airport to accommodate non-flying individuals. It was moved by Councilmember Dingman, seconded by Councilmember Smede, to approve the lease agreement with Tailwind IDA, and give authorization for the Mayor and City Clerk to execute the necessary documents. Roll call as follows: Aye – Councilmembers Freeman, Francis, Hally, Radford, Smede, Dingman. Nay – none. Motion carried. Community Development Services Subject: Public Hearing – Rezoning from I&M (Industrial & Manufacturing) to P (Parks and Open Space), Zoning Ordinance, and Reasoned Statement of Relevant Criteria and Standards, M&B 4.6 Acres, N ½ Section 35, T 2N, R 37E For consideration is the application for Rezoning from I&M to P, Zoning Ordinance, and Reasoned Statement of Relevant Criteria and Standards, M&B 4.6 Acres, N ½ Section 35, T 2N, R 37E. The Planning and Zoning (P&Z) Commission considered this item at its October 2, 2018 meeting and recommended approval by unanimous vote. Staff concurs with this recommendation. Mayor Casper stated the applicant is the City. Mayor Casper opened the public hearing and ordered all items presented be entered into the record. Community Development Services (CDS) Director Brad Cramer stated the field adjacent to the Waste Water Treatment Plant was annexed earlier in the year, the future pathway for greenbelt expansion was not included. He presented the following: Slide 1 – Property under consideration in current zoning Slide 2 – Comprehensive Plan Future Land Use Map Slide 3 – Aerial photo of property under consideration Slide 4 – Additional aerial photo of property under consideration Mayor Casper requested any public comment. No one appeared. Mayor Casper closed the public hearing. Councilmember Smede reiterated this rezone will allow for protection of the property for extension of greenbelt. Councilmember Radford values the space next to the Snake River as he believes the parks lands enhances lives. Councilmember Francis is in favor of protecting land along the banks of the Snake River. It was moved by Councilmember Smede, seconded by Councilmember Dingman, to approve the Ordinance rezoning M&B 4.6 Acres, N ½ Section 35, T 2N, R 37E, 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, Francis, Smede, Hally, Freeman. Nay – none. Motion carried. At the request of Mayor Casper, the City Clerk read the ordinance by title only: 6  November 8, 2018 ORDINANCE NO. 3228 AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO; PROVIDING FOR THE REZONING OF M&B: APPROXIMATELY 4.6 ACRES, N 1/2 SECTION 35, T 2N, R 37E AS DESCRIBED IN SECTION 1 OF THIS ORDINANCE FROM I&M ZONE TO P ZONE; AND PROVIDING SEVERABILITY, PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE. It was moved by Councilmember Smede, seconded by Councilmember Dingman, to approve the Reasoned Statement of Relevant Criteria and Standards for rezoning M&B 4.6 Acres, N ½ Section 35, T 2N, R 37E, and give authorization for the Mayor to execute the necessary documents. Roll call as follows: Aye – Councilmembers Radford, Freeman, Smede, Francis, Dingman, Hally. Nay – none. Motion carried. Subject: Public Hearing – Rezoning from R1 (Residence) with a PT (Planned Transition) overlay to R3A (Residence), Zoning Ordinance, and Reasoned Statement of Relevant Criteria and Standards, Fremont Avenue Subdivision For consideration is the application for Rezoning from R1 with a Planned Transition (PT) overlay to R3A, Zoning Ordinance, and Reasoned Statement of Relevant Criteria and Standards, Fremont Avenue Subdivision. The Planning and Zoning Commission considered this item at its October 2, 2018 meeting and recommended approval by unanimous vote. Staff concurs with this recommendation. Mayor Casper opened the public hearing and ordered all items presented be entered into the record. Director Cramer stated the rezone will remove the PT overlay, the rezone will also change the underlying zone. He presented the following: Slide 1 – Property under consideration in current zoning Director Cramer stated the PT was a zoning tool used in the late 1980’s to transition from single-family uses to new commercial and office uses. He stated at that time this site was vacant. Slide 2 – Aerial photo of property under consideration Slide 3 – Additional aerial photo of property under consideration Director Cramer stated the current zone with the PT overlay allows multi-family housing and professional office uses. Uses not included in PT would be considered ‘nuisance’. R3A zone would allow single-family home, apartment complex, or professional business. Director Cramer stated the PT was instituted at a time when the zoning ordinance had very little development standards. Those items have now migrated to other zones. He stated there was a problematic issue with height requirement restrictions, the minimal parcel size was restrictive, and restriction on hours of operations would be eliminated. This would limit the uses to business and residential. Slide 4 – Comprehensive Plan Future Land Use Map Slide 5 – Photos looking north from the center of the property and looking south from the center of the property Slide 6 – Photos looking south across Fremont Avenue from the center of the property and looking north across Fremont Avenue from the center of the property Councilmember Francis questioned the P&Z notes referring to the R3A being more restrictive. He also requested clarification of the houses facing toward the park. Director Cramer stated the restriction refers to the land uses, he also confirmed the houses in proximity face toward the park. Mayor Casper requested public comment from the applicant. Brett Manwaring, Idaho Falls, appeared. Mr. Manwaring represents the owner of the parcel. He stated the original parcel included several lots. The owners originally purchased the majority of the property, they now own the entire block. Mr. Manwaring stated several years ago the owner attempted to re-plat the area into four (4) lots, although the problem was the overlay zone which required a 30,000 square foot lot. He noted, per discussion with CDS staff, 7  November 8, 2018 it was confirmed the overlay could be removed. Mr. Manwaring stated the alley would be turned into a driveway which would make the property more desirable. Mayor Casper requested additional public comment. No one appeared. Mayor Casper closed the public hearing. Councilmember Smede stated Highland Park was annexed and platted in 1891. The area was rezoned in 1987 to add the PT overlay to maintain land use compatibility. In 2015 this area was re-platted. Councilmember Smede reiterated the 30,000 square foot lot requirement, which has discouraged development of property in this area. Councilmember Francis stated he is hesitant to change the zoning. Councilmember Smede believes this rezone would be a good transition between the homes and the street. Councilmember Radford believes businesses need to be cost effective. He also believes this is prime real estate for the technical corridor and allows several options for the property. Councilmember Dingman believes the zoning needs to be functional. Due to the size of the property and layout, it makes sense to remove the overlay. She also believes the current zoning is preventing the property from being developed. It was moved by Councilmember Smede, seconded by Councilmember Freeman, to approve the Ordinance rezoning Fremont Avenue Subdivision 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 Hally, Smede, Dingman, Freeman, Francis, Radford. Nay – none. Motion carried. At the request of Mayor Casper, the City Clerk read the ordinance by title only: ORDINANCE NO. 3229 AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO; PROVIDING FOR THE REZONING OF THE FREMONT AVENUE SUBDIVISION AS DESCRIBED IN SECTION 1 OF THIS ORDINANCE FROM R1 ZONE WITH A PT OVERLAY ZONE TO R3A ZONE; AND PROVIDING SEVERABILITY, PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE. It was moved by Councilmember Smede, seconded by Councilmember Dingman, to approve the Reasoned Statement of Relevant Criteria and Standards for rezoning Fremont Avenue Subdivision, and give authorization for the Mayor to execute the necessary documents. Roll call as follows: Aye – Councilmembers Smede, Hally, Radford, Dingman, Freeman, Francis. Nay – none. Motion carried. Executive Session It was moved by Councilmember Radford, seconded by Councilmember Smede, to move into Executive Session in the Annex Conference Room. The Executive Session has been called pursuant to the provisions of Idaho Code Section 74-206(1)(f) to communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated, but imminently likely to be litigated. At the conclusion of the Executive Session the Council will reconvene into regular Council Meeting. Roll call as follows: Aye – Councilmembers Francis, Dingman, Freeman, Hally, Radford, Smede. Nay – none. Motion carried. The City Council of the City of Idaho Falls met in Special Meeting (Executive Session), Thursday, November 8, 2018, in the City Annex Conference Room in the City Annex Building located at 680 Park Avenue in Idaho Falls, Idaho at 8:42 p.m. There were present: Mayor Rebecca L. Noah Casper Councilmember Michelle Ziel-Dingman 8  November 8, 2018 Councilmember John B. Radford Councilmember Jim Francis Councilmember Jim Freeman Councilmember Shelly Smede Also present: Pamela Alexander, Municipal Services Director Randy Fife, City Attorney The Executive Session was called pursuant to the provisions of Idaho Code Section 74-206(1)(f) to communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated, but imminently likely to be litigated. There being no further business, the Executive Session adjourned at 9:04 p.m. Municipal Services Subject: Idaho Falls Civic Center for the Performing Arts Center (Bid IF-18-16) Municipal Services requests City Council authorization to negotiate a settlement for Bid IF-18-16. It was moved by Councilmember Radford, seconded by Councilmember Smede, to execute a settlement for Bid IF- 18-16 and authorize the Mayor to sign the necessary documents. Roll call as follows: Aye – Councilmembers Smede, Dingman, Radford, Freeman, Francis. Nay – none. Motion carried. Announcements and Adjournment: Mayor Casper briefly reviewed several forthcoming Veterans Day events. There being no further business, the meeting adjourned at 9:07 p.m. s/ Kathy Hampton s/ Rebecca L. Noah Casper CITY CLERK MAYOR 9