City Council

December 19, 2019 The City Council of the City of Idaho Falls met in Regular Council Meeting, Thursday, December 19, 2019, 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 Jim Francis Councilmember John Radford 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 Scott Grimmett, City of Idaho Falls Fire Marshal, 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: At the request of Mayor Casper, it was moved by Councilmember Hally, seconded by Councilmember Radford, to remove item 4.A.C.2) Surplus of Idaho Falls Power Mobile Substation, from the Consent Agenda for separate consideration on the Regular Agenda. Roll call as follows: Aye – Councilmembers Smede, Hally, Radford, Dingman, Freeman, Francis. Nay – none. Motion carried. The Office of the Mayor requested approval of Appointments/Reappointments to City Boards, Commissions and Committees: Bonnee Taggart, Civic Center for the Performing Arts Committee, Reappointment; Deidre Warden, Civic Center for the Performing Arts Committee, Reappointment; Arnold Cantu, Planning and Zoning, Reappointment; Joanne Denney, Planning and Zoning, Reappointment; George Swaney, Planning and Zoning, Reappointment; Gene Hicks, Board of Adjustment, Reappointment; James Wyatt, Board of Adjustment, Reappointment; Herschell Mynarcik, Historic Preservation Society, Reappointment; Dave Radford, Redevelopment Agency, Reappointment; Tom Hally, Redevelopment Agency, Reappointment; Kelly Ovard, Idaho Falls Business Assistance Corporation, New Appointment; Bill Combo, Parks & Rec Commission, Reappointment; Tom Hersch, Parks & Rec Commission, Reappointment; Rick Carosone, Golf Advisory Board, Reappointment; Dr. Gary Lattimore, Golf Advisory Board, Reappointment; and, Randy Westergard, Shade Tree Committee, Reappointment. Public Works requested approval of Bid Award – North Highland Park Concrete Improvements – 2019. Municipal Services requested approval of RFP IF-20-069, Cobra Head Streetlights for Idaho Falls Power. The City Clerk requested approval of License Applications, all carrying the required approvals. 1  December 19, 2019 It was moved by Councilmember Radford, seconded by Councilmember Smede, to approve all items on the Consent Agenda, minus item C.2), according to the recommendations presented. Roll call as follows: Aye – Councilmembers Hally, Francis, Radford, Dingman, Smede, Freeman. Nay – none. Motion carried. Regular Agenda: Idaho Falls Power Subject: Surplus of Idaho Falls Power Mobile Substation Municipal Services respectfully requests the Mayor and Council authorize the surplus of a 2001 Delta Start mobile substation for Idaho Falls Power (IFP). Pursuant to Resolution 2015-01, IFP has declared the substation no longer needed for City operations and eligible for surplus. The estimated value of the substation is $600,000-$800,000. Idaho Falls Power Director Bear Prairie briefly reviewed the resolution identifying limited economic and/or useful life. He noted the substation still has economic value and useful life although no longer needed due to investments made by IFP in the substations and distribution feeders. Therefore, the mobile substation, purchased in 2001, no longer makes economic sense and has been offered as mutual aid. Director Prairie stated there may be a potential buyer that would offer a good value. He noted this item has been discussed over the course of the previous year at IFP Board Meetings. He does believe the City is at risk by surplusing the substation and the purchase money would be applied to other infrastructure improvements. It was moved by Councilmember Radford, seconded by Councilmember Dingman, to surplus the Idaho Falls Power mobile substation. Roll call as follows: Aye – Councilmembers Francis, Freeman, Dingman, Radford, Hally, Smede. Nay – none. Motion carried. Public Works Subject: Easement Vacation – Lot 4, Block 5 of the First Amended Plant of the Channing Way Addition Division No. 5 For consideration is an easement vacation for Lot 4, Block 5 of the First Amended Plat of the Channing Way Addition Division No. 5. Councilmember Freeman stated this item was requested by Mountain View Hospital as the recent remodel of the hospital has made it necessary to move the easement. The new easement is already provided in the new location and the vacant easement is no longer needed. It was moved by Councilmember Freeman, seconded by Councilmember Francis, to approve the easement vacation ordiance under a suspension of the rules requiring three complete and separate readings and request that it be read by title and published by summary. Roll call as follows: Aye – Councilmembers Freeman, Radford, Smede, Francis, Dingman, Hally. Nay – none. Motion carried. At the request of Mayor Casper, the City Clerk read the ordinance by title only: ORDINANCE NO. 3293 AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, PROVIDING FOR THE VACATION OF AN EASEMENT LOCATED WITHIN THE CITY OF IDAHO FALLS AND LEGALLY DESCRIBED IN SECTION I OF THIS ORDINANCE; PROVIDING THAT TITLE TO SAID VACATED EASEMENT SHALL VEST AS SPECIFIED IN SECTION 2 OF THIS ORDINANCE; PROVIDING THAT THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT FROM AND AFTER PASSAGE, APPROVAL, AND PUBLICATION ACCORDING TO LAW. 2  December 19, 2019 Subject: City Ordinance Revision – Title 9, Chapter 5 - Snow Removal Parking Restrictions For consideration is a proposed revision to Title 9, Chapter 5, Snow Removal Parking Restrictions. The proposed revision was discussed at the November 12, 2019 Council Work Session. Councilmember Freeman stated this item addresses recent changes to street names, reductions to the Zone A snow removal area, and, official posting on the City website. It was moved by Councilmember Freeman, seconded by Councilmember Francis, to approve the ordinance revising Title 9, Chapter 5, under a suspension of the rules requiring three complete and separate readings and request that it be read by title and published by summary. Roll call as follows: Aye – Councilmembers Hally, Radford, Francis, Dingman, Smede, Freeman. Nay – none. Motion carried. At the request of Mayor Casper, the City Clerk read the ordinance by title only: ORDINANCE NO. 3294 AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, AMENDING TITLE 9, CHAPTER 5 TO DEFINE SNOW REMOVAL ZONES AND STREETS; DEFINING WHAT IS A SNOW REMOVAL EVENT; PROVIDING SEVERABILITY, CODIFICATION, PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE. Subject: Resolution to Adopt a Revised Snow and Ice Control Policies and Procedures Manual For consideration is a resolution to adopt a revised Snow and Ice Control Policies and Procedures Manual. Changes to the procedures manual were discussed at the November 12, 2019 Council Work Session. Councilmember Freeman stated this item addresses changes in lane mileage due to recent annexations, available equipment, staffing changes, and, the downsizing of Zone A. He noted these changes will improve efficiency with no additional costs. It was moved by Councilmember Freeman, seconded by Councilmember Francis, to approve the resolution adopting a revised Snow and Ice Control Policies and Procedures 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. 2019-26 A RESOLUTION OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, REVISING A UNIFORM SNOW AND ICE CONTROL POLICIES AND PROCEDURES MANUAL AND PROVIDING THAT THIS RESOLUTION BE EFFECTIVE UPON ITS PASSAGE, APPROVAL, AND PUBLICATION ACCORDING TO LAW. Municipal Services Subject: Public Hearing to Adopt a Schedule of Revised or New Fees for 2019/20 Fiscal Year Municipal Services respectfully requests the Mayor and Council conduct a public hearing to receive public comment prior to consideration of a schedule of revised and/or new fees for services for the 2019/20 fiscal year pursuant to Idaho Code §63-1311A. 3  December 19, 2019 Mayor Casper stated the fee resolution is typically passed along with budget ordinance although fees may need adjusted as programs develop or costs change. She noted the fees established are the maximum fees, there is no requirement to charge that maximum amount. Mayor Casper opened the public hearing and requested any comment. No one appeared. Mayor Casper closed the public hearing. Councilmember Radford briefly reviewed new or revised proposed fees. It was moved by Councilmember Radford, seconded by Councilmember Smede, to approve the resolution adopting a revised fee schedule for the 2019/20 fiscal year, 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. RESOLUTION NO. 2019-27 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. Community Development Services Subject: Final Plat and Reasoned Statement of Relevant Criteria and Standards, Alturas Parkway Plaza Subdivision For consideration is the Final Plat and Reasoned Statement of Relevant Criteria and Standards for Alturas Parkway Plaza Subdivision. The Planning and Zoning Commission considered this plat at its November 12, 2019 meeting and recommended approval with the inclusion of a cross access easement by a unanimous vote. Councilmember Smede stated this is a clean-up plat. The property was annexed in 1963 and included a single lot. Divisions have occurred outside the subdivision process so the divisions are being corrected. The property includes seven (7) lots and is intended to function as shopping as is the current use. Access will continue in the existing locations and, an amendment was made for a cross-access easement to be included. It was moved by Councilmember Smede, seconded by Councilmember Dingman, to accept the Final Plat for Alturas Parkway Plaza Subdivision, and give authorization for the Mayor, City Engineer, and City Clerk to sign said Final Plat. Roll call as follows: Aye – Councilmembers Dingman, Radford, Francis, Smede, Hally, Freeman. Nay – none. 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 Alturas Parkway Plaza Subdivision, 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: Final Plat and Reasoned Statement of Relevant Criteria and Standards, Micro Investments Addition For consideration is the Final Plat and Reasoned Statement of Relevant Criteria and Standards for Micro Investments Addition. The Planning and Zoning Commission considered this plat at its November 12, 2019 meeting and recommended approval by a unanimous vote. 4  December 19, 2019 Councilmember Smede stated this area was approved in 2006 although the property was annexed in 1952. There are three (3) buildable commercial lots. It was moved by Councilmember Smede, seconded by Councilmember Dingman, to accept the Final Plat for Micro Investments Addition, and give authorization for the Mayor, City Engineer, and City Clerk to sign said Final Plat. Roll call as follows: Aye – Councilmembers Hally, Smede, Dingman, Freeman, Francis, Radford. Nay – none. 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 Micro Investments Addition, 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. Subject: Public Hearing - Rezone from R2 to R3A, Zoning Ordinance and Reasoned Statements of Relevant Criteria and Standards, M&B: 0.367 Acres SW Corner SW1/4, NW1/4, Section 24, T 2N, R 37E For consideration is a request to rezone property from R3A to LC, the accompany zoning ordinance, and Reasoned Statement of Relevant Criteria and Standards for M&B: 0.367 Acres SW Corner SW1/4, NW1/4, Section 24, T 2N, R 37E. The Planning and Zoning (P&Z) Commission considered this item at its November 12, 2019 meeting and recommended approval by a vote of 5 to 1. Staff concurs with this recommendation. Councilmember Smede stated this rezone is a small parcel of land on the corner of Skyline and Pancheri. She stated there are historical pictures dating back to 1954. The land appears to be mostly vacant. The rezone will allow flexibility for the owners. Mayor Casper opened the public hearing and ordered all items presented be entered into the record. Community Development Services Director Brad Cramer stated the parcel of land is approximately one-third of an acre. He then presented the following: Slide 1 – Property under consideration in the current zoning Director Cramer clarified the reason for the rezone is the owner of this parcel also owns the parcel to the south. He stated this change would bring all the property that the individual owns into the same zone. He also noted, per concern of the P&Z minutes, it is not possible to have 35 units per acre on the site. Slide 2 – Comprehensive Plan Future Land Use Map Slide 3 – Airport Overlay Zone Slide 4 – Aerial photo Slide 5 – Additional aerial photo Slide 6 – Photos of the property in its current, vacant state Seeing no one present for public comment, Mayor Casper closed the public hearing. Councilmember Smede stated rezoning is taken seriously in the City and is not just upon an individual request. She also stated any zone must remain consistent with the principles of the Comprehensive Plan as required by Idaho Code. There are also potential effects on traffic, the capacity of existing public services, nuisances, health and safety hazards, and, recent changes of land use on adjoining parcels. Councilmember Smede reiterated Director Cramer’s comments. She stated the applicant will be required to make improvements to Skyline and to move the entrance approach away from the main intersection. Councilmember Francis stated he appreciates the consistency of the current zone. He also noted a typo in the memo regarding the zoning. Councilmember Freeman believes the rezone will benefit the property owner for development. It was moved by Councilmember Smede, seconded by Councilmember Dingman, to approve the Ordinance rezoning M&B: 0.367 Acres SW Corner SW1/4, NW1/4, Section 24, 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 5  December 19, 2019 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. 3295 AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO; PROVIDING FOR THE REZONING OF M&B: 0.367 ACRES SW COR SW l/4, NW l/4, SECTION 24, T 2N, R 37E AS DESCRIBED IN SECTION 1 OF THIS ORDINANCE FROM R2 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 the rezoning of M&B: 0.367 Acres SW Corner SW1/4, NW1/4, Section 24, T 2N, R 37E, and give authorization for the Mayor to execute the necessary documents. Roll call as follows: Aye – Councilmembers Francis, Dingman, Freeman, Hally, Radford, Smede. Nay – none. Motion carried. Announcements: Mayor Casper announced City offices will be closed on December 25 and January 1, therefore, the public may experience reduced staffing. She also wished everyone a safe and warm season. There being no further business, the meeting adjourned at 8:07 p.m. s/ Kathy Hampton s/ Rebecca L. Noah Casper CITY CLERK MAYOR 6