City Council

December 13, 2018 The City Council of the City of Idaho Falls met in Regular Council Meeting, Thursday, December 13, 2018, 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 Thomas Hally Councilmember Shelly Smede Councilmember Michelle Ziel-Dingman Councilmember John Radford Councilmember Jim Freeman Councilmember Jim Francis Also present: All available department directors Randy Fife, City Attorney Kathy Hampton, City Clerk Pledge of Allegiance: Mayor Casper requested Beth Taylor, community member, 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. No one appeared. Consent Agenda: Office of the Mayor requested approval of reappointments to Arthur Kull, Carrie Scheid, Anne Staton-Voilleque, Bonnee Taggart, and, Deidre Warden to the Civic Center for the Performing Arts Committee. Idaho Falls Airport requested approval of $15,000 Grant Offer of the State of Idaho through Idaho Transportation Department, Division of Aeronautics. Public Works requested approval of Bid Award – Well 16 Power Upgrades. Municipal Services requested approval of Bid IF-19-05, Side Loader Container Truck for Public Works; Bid IF-19- 06, Tilt Frame Truck for Public Works; Purchase of Replacement Mower for Pinecrest Golf Course; Bid IF-19-10, Orchestra Shell for the Idaho Falls Civic Center for the Performing Arts; Quote for Stryker® Power Load System and Gurneys for the Fire Department; Quote, 19-100 Street Light Poles for Idaho Falls Power; Bid IF-19-C, Replacement Vehicles for Various Departments; Annual License Renewal for Microsoft Software Products for Municipal Services; and, Online Service Agreement Renewal for Idaho Falls Power. The City Clerk requested approval of the Expenditure Summary for the month of November, 2018; minutes from the October 25, 2018 Council Meeting; November 5, 2018 Council Work Session; November 8, 2018 Idaho Falls Power Board Meeting; November 8, 2018 Council Meeting; November 19, 2019 Council Work Session; and, November 20, 2018 Council Meeting; and, license applications, including Beer Licenses to Applebee’s Neighborhood Grill; ARTitorium on Broadway; Arugula Deli; Bee’s Knees Pub & Catering; Blue Wave LLC; Bowlero; Buffalo Wild Wings; Carniceria Aguililla Inc.; Casa Jaliscos Inc.; Chinese Garden; City Bagels & Bakery; Common Cents Food Stores #160, #161, and #162; Copper Rill Restaurant; D’Railed; Diamond Concessions; Eagle’s Lodge; Elk’s Lodge; Famous Dave’s BBQ; Ford’s Bar; Fred Meyer Stores Inc.; Garcia’s; 1  December 13, 2018 Garcia’s Meat Market #2; Gas-N-Grub; Hampton Inn; Hilton Garden Inn; Hitt the Road; Holmes Speedi Mart; Home 2 Suites by Hilton; Idaho Brewing Company; Idaho Falls Arts Council; Idaracing at Sandy Downs; Jacksons; Jaker’s of Idaho Falls; KC’s Food Mart; Krung Thep; La Hidalguense; La Union Market; Legends Bar & Grill; Leo’s Place; Los Albertos Inc.; Marcellar’s Vintage Wines & Brews; Maverik Country Stores #239, #396, and #578; Midget Market; Muddy’s Place; Olive Garden Italian Restaurant; Pachangas Mexican Food; Paula’s Meat Market; Plum Loco; Pockets Inc.; Puerto Escondido Inc.; R & R Bar; Red Robin America’s Gourmet Burgers; Roadhouse Saloon; Roadrunner Pit Stop; Samoa Club; Sam’s Club; Sandpiper East LLC; Shaka’s; Shari’s of Idaho Falls; Shopko; Short Stop Market; Sizzler Family Steak House; Skyline Lanes; Smith’s Food and Drug Center; Snake Bite Restaurant; Snow Eagle Brewing & Grill; Speedi Mart; Stinker Stores #27 and #28; Stockman’s Restaurant; Sunnyside Travel; Tap-N-Fill; That One Place Lounge; The Alibi; The Celt; The Zone; Tobacco Connections #15 and #30; Uncle Benny’s Pizza; Walmart; Walmart Fuel Station; Winco Foods; and, Yummy House Restaurant; 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 Freeman, Radford, Smede, Francis, Dingman, Hally. Nay – none. Motion carried. Regular Agenda: Municipal Services Subject: IF-19-C, Addition to Fleet for Public Works It is the recommendation of the Municipal Services Department to piggyback the State of Idaho Contract #SBPO18200325 with Smith Chevrolet to furnish one pickup with snowplow for a lump sum total of $36,102.60. This purchase is an addition to the fleet as requested and approved in the Public Works 2018/2019 budget for a total of $45,000. It was moved by Councilmember Radford, seconded by Councilmember Smede, to approve the purchase of one pickup with snowplow for a lump sum total of $36,102.60. Roll call as follows: Aye – Councilmembers Hally, Radford, Francis, Dingman, Smede, Freeman. Nay – none. Motion carried. Police Department Subject: Animal Ordinance Revision Idaho Falls Animal Services recommends that the City Ordinances dealing with licensing be amended. This ordinance was discussed at a previous Council Work Session. Councilmember Hally briefly reviewed the changes to the amended ordinance. This item was discussed at the November 19, 2018 Council Work Session. Mayor Casper stated due to an inadvertent error, and upon recommendation from Mr. Fife, she requested this item be tabled to the end of the meeting to allow the correct strike-out version of the amended ordinance be distributed to the Council for review. There was consensus of the Council to move this item to the end of meeting. Idaho Falls Power Subject: Approve Task Order 1 with HDR Engineering for Paine Substation Design Idaho Falls Power (IFP), in accordance with Idaho State Statute 65-2320, solicited proposals for engineering services involving the design of the Paine Sub and Sugarmill to Paine transmission line. HDR Engineering was selected as the most qualified firm for that work. Therefore, the City has entered into a Multiple Services Agreement with HDR Engineering Inc. for professional services. The Multiple Services Agreement is a blanket 2  December 13, 2018 agreement governing all work between Idaho Falls Power and HDR Engineering Inc. Task Order 1 includes a scope of services and a not-to-exceed amount of $200,000. Councilmember Radford stated this item was discussed at the December 13, 2018 IFP Board Meeting. It was moved by Councilmember Radford, seconded by Councilmember Hally, to approve Task Order 1, under the Multiple Services Agreement dated July 11, 2014, and give authorization for the Mayor 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: Final Plat and Reasoned Statement of Relevant Criteria and Standards, Television Park Addition, 1st Amended For consideration is the application for the Final Plat and Reasoned Statement of Relevant Criteria and Standards for Television Park Addition, 1st Amended. The Planning and Zoning (P&Z) Commission first considered this item at its September 5, 2017 meeting and recommended approval by an 8-2 vote. Due to technical issues with the plat that took a significant amount of time to resolve, the plat was not ready to bring forward to the Mayor and Council until recently. Because of the length of time since the Planning and Zoning Commission recommendation, staff brought the plat to that commission again and December 4, 2018 and it was recommended for approval by unanimous vote. Staff concurs with this recommendation. Councilmember Smede stated this area was annexed in 1956 and platted in 1988. The parcel contains five (5) lots zoned commercial with a portion of residential zone. The proposed re-plat is to allow possible future residential development on the larger parcel north and east. The southern parcel is currently planned to remain undeveloped. Both parcels are overlayed by the cell phone tower overlay. Mayor Casper questioned the December 4, 2018, P&Z minutes. Community Development Services Director Brad Cramer stated the minutes are not complete as the meeting was recently held. Councilmember Radford stated this area, located on 17th Street, has been vacant for decades. Councilmember Francis expressed his concern for the lack of the December 4, 2018 P&Z minutes as well as the one (1) access point as he does not believe this access point has been approved by the Fire Department. He also questioned the potential development in the area. Director Cramer stated the original P&Z recommendations were a year old. There were only minor changes at the December 4, 2018 meeting as the layout of the lots have not changed, with continued recommendation for approval. Director Cramer indicated there is an emergency access, not accessible to the public, on the west side of the building. He noted the Fire Department has approved this access. He also noted the plat is defining property lines and any development cannot exceed the fire code. Director Cramer stated the applicant has no issues with the current zone. Councilmember Freeman questioned the lack of presence by the applicant at the two (2) P&Z meetings. Director Cramer was unsure why the applicant, or the representative, was not present. Councilmember Francis questioned this item being tabled until the December 4, 2018 P&Z minutes are available. To the response of Mayor Casper, Director Cramer stated he is not aware of any timeliness issue for development although he believes there is a timeliness issue with those involved with the project. It was then moved by Councilmember Francis to table this item. The motion died for lack of a second. It was moved by Councilmember Smede, seconded by Councilmember Dingman, to accept the Final Plat for Television Park Addition, 1st Amended, and give authorization for the Mayor, City Engineer, and City Clerk to sign said Final Plat. Roll call as follows: Aye – Councilmembers Dingman, Radford, Smede, Hally, Freeman. Nay – Councilmember Francis. Motion carried. It was moved by Councilmember Smede, seconded by Councilmember Dingman, to approve the Reasoned Statement of Relevant Criteria and Standards for the Final Plat for Television Park Addition, 1st Amended, and 3  December 13, 2018 give authorization for the Mayor to execute the necessary documents. Roll call as follows: Aye – Councilmembers Radford, Freeman, Smede, Dingman, Hally. Nay – none. Abstain – Councilmember Francis. Motion carried. Subject: Street Name Change, University Boulevard to MK Simpson Boulevard For consideration is an ordinance to change the name of University Boulevard to MK Simpson Boulevard. The request for this change was made by the Idaho National Laboratory (INL). Notices were sent to property owners along University Boulevard and staff has not received any comments or concerns. Councilmember Radford stated the City is fortunate to have a Congressman who cares about the region. Congressman Simpson has been serving since 1999 and obtained his seat on the Appropriation Committee since 2003 and has also been a member and/or Chairman of the Energy and Water Subcommittee since that time. The INL has 4,300 employees with an average salary of approximately $98,000. Congressman Simpson took some initiative in 2003 when then-President Bush proposed “cleaning up and closing down” the lab and he has led the way all throughout his tenure. The growth along University Boulevard is a direct result of Congressman Simpson’s efforts and his resolve to make sure the lab has an ongoing mission. Congressman Simpson has led the ability to diversify, including the recent Small Modular Reactor (SMR). Councilmember Radford stated there are many opportunities to recognize individuals for good behavior for a region or a City. He clarified this street name change is a recognition, not an endorsement. The INL is a gem in the desert thanks to the efforts of Mike and Kathy Simpson, as they are a team. Councilmember Radford believes many times there is not the opportunity to recognize people in their prime, this is an opportunity to honor someone for his lifetime of service. Councilmember Hally stated he remembered Congressman Simpson in the Idaho legislature when he championed the placement of smoking products behind counters. He believes this was significant. Councilmember Francis concurred with Councilmember Radford although he questioned the principle. He believes political leaders get recognition when they retire. He believes this street name change may be an endorsement, which could put the Council in an awkward long-term position as other political leaders may request a similar request. Councilmember Francis believes this honor should occur when the leader has retired, not actively campaigning in politics. The principle makes him stumble. Councilmember Radford expressed his appreciation to Councilmember Francis’ comments. He also believes this is a real concern although this request should be outweighed by good performance. He stated this request did not originate with Congressman Simpson or his campaign as the endorsement question would be problematic. Mayor Casper stated the proposed name, MK Simpson, represents Mike and Kathy Simpson as Kathy has many important contributions as well. She is a former INL employee at the lab and her input was instrumental for the infrastructure in this location. The Simpson couple has impacted the community in several ways. Councilmember Smede stated the Council has not sought or endorsed. The INL has requested the street name change to recognize the Simpsons’ contributions to the INL. Councilmember Smede briefly reviewed letters received. She believes this will recognize what Congressman Simpson has done to help the City as well as the additional committees in which he serves. Councilmember Francis stated he absolutely supports all the efforts that Congressman Simpson has done. It was moved by Councilmember Smede, seconded by Councilmember Dingman, to approve the Ordinance for the street name change of University Boulevard to MK Simpson Boulevard, 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, Radford. Nay – Councilmember Francis. Motion carried. At the request of Mayor Casper, the City Clerk read the ordinance by title only: ORDINANCE NO. 3230 AN ORDINANCE CHANGING THE NAME OF UNIVERSITY BOULEVARD, A STREET LOCATED WITHIN THE CITY OF IDAHO FALLS, TO MK SIMPSON BOULEVARD; PROVIDING SEVERABILITY, CODIFICATION, PUBLICATION BY SUMMARY, AND ESTABLISHING AN EFFECTIVE DATE. 4  December 13, 2018 Mayor Casper noted a celebration/commemoration will be forthcoming. Subject: Public Hearing - Annexation and Initial Zoning of RP, R1, R2, and LC, Annexation and Zoning Ordinances, and Reasoned Statements of Relevant Criteria and Standards, M&B Approximately 1.64 Acres SW 1/4 Section 28, T 2N R 38E and 2.46 Acres NW 1/4 Section 29, T 2N R 38E For consideration is the application for Annexation and Initial Zoning of RP, R1, R2, and LC, Annexation and Zoning Ordinances, and Reasoned Statements of Relevant Criteria and Standards, M&B Approximately 1.64 Acres SW 1/4 Section 28, T 2N R 38E and 2.46 Acres NW 1/4 Section 29, T 2N R 38E. This is a City-initiated annexation. 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 this is a City-initiated annexation. He appeared with the following: Slide 1 – Property under consideration in current zoning Slide 2 – Aerial photo of property under consideration Slide 3 – Aerial photo of 25th Street and Holmes Avenue Director Cramer stated staff recommends the residence on the corner of 25th Street be zoned R2 Zone, P&Z recommends LC Zone. He believes R2 Zone may be more appropriate due to the size of the parcel as commercial development would not fit. An LC Zone may be difficult as an access would be too close to the street to meet the standards, although access would have to be provided. An LC Zone would make sense with the Comprehensive Plan although Director Cramer believes LC Zone may not be the right solution at this time for viable development although he noted due to P&Z unanimous recommendation there is not strong opposition from staff for the LC Zone. Slide 4 – Aerial photo of the residence along 25th Street Director Cramer stated City records indicated this residence had been annexed for several years although there was no recorded annexation with the County. He indicated the homeowner believed they were already annexed into the City and are currently paying City taxes. Slide 5 – Aerial photo of property along Richards Avenue and St. Clair Road Director Cramer stated this parcel is proposed for RP Zone due to the size of the parcel. Slide 6 – Future Land Use Map of the Comprehensive Plan Slide 7 – Proposed zoning as recommended by staff Slide 8 – Proposed zoning as recommended by P&Z Slide 9 – Photos of properties along Holmes Avenue Slide 10 – Photo of residence on 25th Street Slide 11 – Photos of properties along Richards Avenue Councilmember Radford believes a unique small business could be located on the corner of 25th Street with the LC Zone. Director Cramer stated the LC Zone could remain a residence. Per Councilmember Francis, Director Cramer clarified the recommended actions are the P&Z recommendations. Mayor Casper requested any public comment. No one appeared. Director Cramer stated, following discussion with Mr. Fife, any motion for LC Zone must include Slide 8 to be included as an exhibit in the ordinance and, any motion for R2 Zone must include Slide 7 to be included as an exhibit in the ordinance. He also clarified there is a small piece of right-of-way included in annexation. Mayor Casper closed the public hearing. Councilmember Smede reiterated this item is a Category A annexation. She reviewed the residences that currently receive/do not receive electric, water, and sewer utilities. She stated sidewalk improvements would be required along Richards Avenue. She also briefly reviewed proposed zoning for the specific properties. 5  December 13, 2018 Councilmember Radford indicated the property owner of the 25th Street residence strongly requested LC Zone. He believes, due to the lack of opposition, the property owner should have the freedom to have that option. Councilmember Francis believes a re-zone may be requested in the future pending development. Mayor Casper expressed her concern for the small lot in a location next to an intersection as this may result in less than best practice curb cut. Councilmember Radford is hopeful this area would allow pedestrian traffic and less access for vehicular traffic. The current access is for a single user. It was moved by Councilmember Smede, seconded by Councilmember Dingman, to approve the Ordinance annexing M&B approximately 1.64 acres SW 1/4 Section 28, T 2N R 38E and 2.46 acres NW 1/4 Section 29, T 2N R 38E, under the suspension of the rules requiring three complete and separate readings and that it be read by title and published by summary with the map as Slide 8 as an exhibit to the ordinance. Roll call as follows: Aye – Councilmembers Smede, Hally, Radford, Dingman, Freeman, Francis. Nay – none. Motion carried. At the request of Mayor Casper, the City Clerk read the ordinance by title only: ORDINANCE NO. 3231 AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO; PROVIDING FOR THE ANNEXATION OF APPROXIMATELY 1.64 ACRES AND 2.46 ACRES DESCRIBED IN EXHIBITS A, B, C, AND D 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. With Slide 8 as an exhibit to the ordinance, it was moved by Councilmember Smede, seconded by Councilmember Dingman, to approve the Reasoned Statement of Relevant Criteria and Standards for the annexation for M&B approximately 1.64 acres SW 1/4 Section 28, T 2N R 38E and 2.46 acres NW 1/4 Section 29, T 2N R 38E, and give authorization for the Mayor to execute the necessary documents. Roll call as follows: Aye – Councilmembers Dingman, Smede, Francis, Freeman, Hally, Radford. Nay – none. Motion carried. With Slide 8 as an exhibit to the ordinance, it was moved by Councilmember Smede, seconded by Councilmember Dingman, to assign a Comprehensive Plan Designation of Higher Density and to approve the ordinance establishing the initial zoning for M&B approximately 1.64 acres SW 1/4 Section 28, T 2N R 38E and 2.46 acres NW 1/4 Section 29, T 2N R 38E as RP, R1, R2, and LC Zones, 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 City limits documents be amended to include the area annexed herewith, and that the City Planner be instructed to reflect said annexation, amendment to the Comprehensive Plan, and initial zoning on the Comprehensive Plan and Zoning Maps located in the Planning Office. Roll call as follows: Aye – Councilmembers Francis, Dingman, Freeman, Hally, Radford, Smede. Nay – none. Motion carried. At the request of Mayor Casper, the City Clerk read the ordinance by title only: ORDINANCE NO. 3232 AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO; PROVIDING FOR THE INITIAL ZONING OF APPROXIMATELY 1.64 ACRES AND 2.46 ACRES DESCRIBED IN EXHIBITS A, B, C, AND D OF THIS ORDINANCE AS RP, R1, R2, AND LC ZONES; AND PROVIDING SEVERABILITY, PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE. With Slide 8 as an exhibit to the ordinance, it was moved by Councilmember Smede, seconded by Councilmember Dingman, to approve the Reasoned Statement of Relevant Criteria and Standards for the Initial Zoning of RP, R1, R2, and LC Zones for M&B approximately 1.64 acres SW 1/4 Section 28, T 2N R 38E and 2.46 acres NW 1/4 6  December 13, 2018 Section 29, T 2N R 38E, and give authorization for the Mayor to execute the necessary documents. Roll call as follows: Aye – Councilmembers Smede, Hally Dingman, Radford, Freeman, Francis. Nay – none. Motion carried. Police Department Subject: Animal Ordinance Revision Idaho Falls Animal Services recommends that the City Ordinances dealing with licensing be amended. This ordinance was discussed at a previous Council Work Session. Mayor Casper stated the Council has since received a hard copy of the ordinance including the marked-up format. Mr. Fife stated the strike-out version also includes comments, which are not part of the text of the ordinance. Following brief comments regarding the proposed changes and the ordinance formatting, Mr. Fife recommended this item be tabled until the December 20, 2018 Council Meeting to ensure the correct version of the ordinance is approved. It was moved by Councilmember Dingman, seconded by Councilmember Francis, to table the Animal Ordinance Revision until the December 20, 2018 Council Meeting. Roll call as follows: Aye – Councilmembers Francis, Dingman, Freeman, Hally, Radford, Smede. Nay – none. Motion carried. Announcements and Adjournment: Mayor Casper briefly reviewed upcoming events. There being no further business, the meeting adjourned at 8:38 p.m. s/ Kathy Hampton s/ Rebecca L. Noah Casper CITY CLERK MAYOR 7