City Council

December 17, 2020 Special City Council Meeting The City Council of the City of Idaho Falls met in Special Council Meeting, Thursday, December 17, 2020, 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 Council President Michelle Ziel-Dingman (via WebEx) Councilor John Radford (via WebEx) Councilor Thomas Hally Councilor Jim Freeman (via WebEx) Councilor Jim Francis Councilor Shelly Smede (via WebEx) Also present: All available Department Directors (in person and via WebEx) Michael Kirkham, Assistant City Attorney (via WebEx) Kathy Hampton, City Clerk Councilor Freeman announced former Councilmember Mel Erickson passed away earlier in the day. He stated former Councilmember Erickson was the epitome of public and selfless service for 36 years. He expressed his condolences to the family. Councilor Hally stated former Councilmember Erickson is the individual who personally got him in public service. He stated he will be missed. Councilor Radford recognized the number of hours of service by former Councilmember Erickson for 36 years. He stated former Councilmember Erickson was someone he always looked up to. Mayor Casper reiterated the epitome of someone loving their community. She requested a brief moment of silence. Pledge of Allegiance: Mayor Casper requested Kathy Hampton, City Clerk, to lead those present in the Pledge of Allegiance. Public Comment: Public comment was temporarily suspended. Coronavirus (COVID-19) update: Mayor Casper stated per Eastern Idaho Public Health (EIPH), there were 1,426 new cases in the State, 113 new cases and three (3) deaths in Bonneville County. She noted the EIPH website will be changing in the upcoming weeks. She also noted testing will not occur in several areas within the district within the next few weeks as the allotted doses will be depleted. The number of cases will likely decrease due to this lack of testing. Mayor Casper stated, per local data/analysis performed by EIPH, the COVID death rate is eight (8) times more deadly as compared with the flu. She also stated hospitals are reporting a decrease in numbers, although the specific reason is unknown at this point, and hospitals have also reported they are short staffed on nursing, specifically Intensive Care Unit (ICU) and critical-care nurses. Mayor Casper stated the first vaccine in Idaho was given at Madison Memorial Hospital earlier in the week. The distribution schedule for the vaccine is posted on the State website, the schedule indicates health care workers and assisted living residents are listed as the first individuals to receive the vaccine, critical infrastructure workers will follow this group, other groups have not been defined. States will decide the priority and deliverance of the vaccine. Mayor Casper stated the governor and the director of Health and Welfare have created a Coronavirus Vaccine Advisory Committee (CVAC). She also stated the current vaccine is made by Pfizer, Moderna is awaiting United States Food and Drug Administration (FDA) approval; each vaccine is a two- dose vaccine (Pfizer is a 21-day wait and Moderna is a 28-day wait); there will be a challenge to keep individuals engaged for the second dose of the vaccine as the immunity will be less-effective without the second dose; there are 1  December 17, 2020 Special City Council Meeting minimal side effects to the vaccine that subside within 1-2 days; the vaccines do not contain a live virus (Mayor Casper emphasized individuals cannot get COVID from the vaccine); and the vaccination is an enormous undertaking/global effort. Mayor Casper believes this vaccine is remarkable and is very good news. Consent Agenda: Office of the Mayor requested appointments to Renee Foote and Bob Nitschke to the Parks & Recreation Commission. Idaho Falls Airport requested real property purchase. Idaho Falls Power requested construction agreement with BPA for 161/46/12.47 kV Paine Substation Public Works requested approval of Bid Award – Sunnyside Sanitary Sewer Trunk Lining – 2021. Municipal Services requested approval of Treasurer’s Report for October 2020; and license applications, all carrying the required approvals It was moved by Councilor Smede, seconded by Council President Dingman, to approve, accept, or receive all items on the Consent Agenda according to the recommendations presented. Roll call as follows: Aye – Councilors Freeman, Radford, Smede, Francis, Dingman, Hally. Nay – none. Motion carried. Regular Agenda: Police Department Subject: Memorandum of Understanding with Law Enforcement Chaplaincy of Idaho This is a Memorandum of Understanding (MOU) with the Law Enforcement Chaplaincy of Idaho and the Idaho Falls Police Department (IFPD). The chaplaincy program will serve the community by providing support, for citizens that want it, in times of crisis such as the death of a family member or other traumatic event. The chaplaincy program also will provide internal support to IFPD employees who desire it. Councilor Francis stated this is a one-year renewable MOU. He reviewed the content and purpose of the MOU. He also stated it is a secular document offering support for the IFPD; no City funds will be allocated to this organization; and the chaplains are trained volunteers for officers, as requested. Councilor Francis clarified this is not mandatory as compared to the previously approved Creekside Counseling Agreement. The chaplains will also provide support for members of the community. Councilor Francis reviewed a section of the MOU showing this is support for the department and they are not acting independently. He stated this does not preclude other chaplaincy programs. It was moved by Councilor Francis, seconded by Councilor Freeman, to approve the MOU with Law Enforcement Chaplaincy of Idaho and give authorization for the Mayor and City Clerk to execute the necessary documents. Roll call as follows: Aye – Councilors Hally, Radford, Francis, Dingman, Smede, Freeman. Nay – none. Motion carried. Public Works Subject: Sewer Service Cooperative Agreement Extension with Iona Bonneville Sewer District (IBSD) The existing Cooperative Sewer Service Agreement between the City of Idaho Falls and IBSD expires on 31 December 2020. If approved, this Agreement would extend the existing cooperative agreement under the same terms and conditions until 31 May 2021. COVID-19 and substantial changes to IBSD billing determinants and connection fees have delayed the development of a new cooperative agreement. 2  December 17, 2020 Special City Council Meeting Councilor Freeman stated this five-month extension should allow the time to reach an agreement. It was moved by Councilor Freeman, seconded by Councilor Radford, to approve the Sewer Service Agreement Extension with Iona Bonneville Sewer District and authorize the Mayor and City Clerk to execute the necessary documents. Roll call as follows: Aye – Councilors Francis, Dingman, Freeman, Hally, Radford, Smede. Nay – none. Motion carried. Parks and Recreation Subject: Professional Services Agreement for the Design and Construction of the Reinhart Park Splash Pad The purpose of this agreement is to establish a professional agreement with Stratton & Bratt to provide design and construction of the Reinhart Park Splash Pad project. This vendor was selected after the evaluation committee, composed of Parks and Recreation and Public Works staff, evaluated all request for proposals received. Based on the evaluation criteria, Stratton & Bratt ranked highest and is therefore recommended for contract award. Councilor Francis stated this project will be providing a variety of features, including features specifically for Idaho Falls. He also stated the recirculation system will reduce the use of water; this is scheduled to be completed by May 31, 2021; and it is within the budgeted amount for the project. Councilor Freeman stated this project is a long time coming. He noted there were many snags in the previous two (2) years. He believes it is remarkable this is being completed among the COVID pandemic. He is hopeful for additional future splash pads. Councilor Radford expressed his appreciation to Parks and Recreation Director PJ Holm. Mayor Casper commended Director Holm. She noted even if the project is complete, this may be delayed pending public health orders at that time. It was moved by Councilor Francis, seconded by Councilor Smede, to approve the agreement with Stratton & Bratt for a total of $299,674.59 and give authorization for the Mayor and City Clerk to execute the necessary documents. Roll call as follows: Aye – Councilors Freeman, Francis, Hally, Radford, Smede, Dingman. Nay – none. Motion carried. Community Development Services Subject: Final Plat and Reasoned Statement of Relevant Criteria and Standards, M&B: 48.9 acres, Rose Nielsen Addition Division No. 101, Fifth Amended For consideration is the application for the Final Plat and Reasoned Statement of Relevant Criteria and Standards, M&B: 48.9 acres, Rose Nielsen Addition Division No. 101, Fifth Amended. The Planning and Zoning (P&Z) Commission considered this item at its October 20, 2020 meeting and recommended approval by a unanimous vote. Staff concurs with this recommendation. Councilor Francis stated this plat is 48 acres and involves changes to the Sears side of the Grand Teton Mall which is to be sold separately from the mall. He also stated this will not change the footprint of the remainder lot. He noted this is in anticipation of a charter high school per the P&Z Commission. It was moved by Councilor Francis, seconded by Councilor Radford, to accept the Final Plat for Rose Nielsen Addition Division No. 101, Fifth Amended, and give authorization for the Mayor, City Engineer, and City Clerk to sign said Final Plat. Roll call as follows: Aye – Councilors Dingman, Radford, Francis, Smede, Hally, Freeman. Nay – none. Motion carried. It was moved by Councilor Francis, seconded by Councilor Freeman, to approve the Reasoned Statement of Relevant Criteria and Standards for the Final Plat for Rose Nielsen Addition Division No. 101, Fifth Amended, and give authorization for the Mayor to execute the necessary documents. Roll call as follows: Aye – Councilors Radford, Freeman, Smede, Francis, Dingman, Hally. Nay – none. Motion carried. 3  December 17, 2020 Special City Council Meeting Subject: Public Hearing-Ordinance-2018 I-Code Adoption Following the December 10, 2020 City Council meeting, it was discovered that the 2018 edition of the International Existing Building Code was not included in the ordinance. This revised ordinance is to correct that error. Per Mayor Casper, Community Development Services Director Brad Cramer stated the Public Hearing was only noted for December 10. He noted a Public Hearing is not necessary. Councilor Francis stated inconsistency was found in the recently-approved ordinance, the 2018 edition will be formally adopted which is a requirement of State Code. Director Cramer reiterated this only addresses items that were previously missed (in the recently-approved ordinance). It was moved by Councilor Francis, seconded by Councilor Radford, to approve the Ordinance adopting the 2018-I Code with State and City of Idaho Falls amendments, 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 – Councilors 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. 3362 AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, AMENDING TITLE 7, CHAPTER 13 TO ADOPT THE 2018 EDITION OF THE INTERNATIONAL EXISTING BUILDING CODE; PROVIDING SEVERABILITY, PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE. Subject: Public Hearing – Annexation and Initial Zoning of RP & R1, Annexation and Zoning Ordinances, and Reasoned Statements of Relevant Criteria and Standards, M&B: Approximately 33 Acres, NW1/4, Section 4, Township 1 North, Range 38 East For consideration is the application for Annexation/Initial Zoning to RP & R1, Zoning Ordinance, and Reasoned Statement of Relevant Criteria and Standards, M&B: approximately 33 acres, NW1/4, Section 4, Township 1 North, Range 38E. The Planning and Zoning Commission considered this item at its July 21, 2020 meeting and recommended approval by a unanimous vote. Staff concurs with this recommendation. The Council approved the ordinances for annexation and initial zoning on December 10, 2020, pending corrected legal descriptions of the property. This second reading includes the corrected legal descriptions. Per Mayor Casper, Director Cramer stated this Public Hearing was only noted for December 10 as well. He noted a Public Hearing is not necessary. Councilor Francis reiterated this item was approved on the first reading only at the December 10 Council Meeting. He stated this is a Category A annexation. He noted one (1) element required clarification regarding the survey line and the legal wording has been adjusted. It was moved by Councilor Francis, seconded by Councilor Radford, to approve the Ordinance annexing Approximately 33 Acres, NW1/4, Section 4, Township 1 North, Range 38 East 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 – Councilors 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. 3363 AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO; PROVIDING FOR THE ANNEXATION OF APPROXIMATELY 32.596 ACRES DESCRIBED IN EXHIBIT A OF THIS ORDINANCE, AMENDING THE LEGAL DESCRIPTION OF THE 4  December 17, 2020 Special City Council Meeting CITY WITH THE APPROPRIATE COUNTY AND STATE AUTHORITIES; AND PROVIDING SEVERABILITY, PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE. It was moved by Councilor Francis, seconded by Councilor Hally, to approve the Reasoned Statement of Relevant Criteria and Standards for the annexation of Approximately 33 Acres, NW1/4, Section 4, Township 1 North, Range 38 East and give authorization for the Mayor to execute the necessary documents. Roll call as follows: Aye – Councilors Dingman, Smede, Francis, Freeman, Hally, Radford. Nay – none. Motion carried. It was moved by Councilor Francis, seconded by Councilor Radford, to assign a Comprehensive Plan Designation of “Low Density” and approve the Ordinance establishing the initial zoning for RP & R1 under a suspension of the rules requiring three complete and separate readings and request 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 – Councilors 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. 3364 AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO; PROVIDING FOR THE INITIAL ZONING OF APPROXIMATELY 32.596 ACRES DESCRIBED IN EXHIBIT A OF THIS ORDINANCE AS R1 AND RP ZONE; AND PROVIDING SEVERABILITY, PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE. It was moved by Councilor Francis, seconded by Councilor Radford, to approve the Reasoned Statement of Relevant Criteria and Standards for the Initial Zoning of RP & R1 and give authorization for the Mayor to execute the necessary documents. Roll call as follows: Aye – Councilors Smede, Hally, Dingman, Radford, Freeman, Francis. Nay – none. Motion carried. Subject: CV1-CDBG Resolution for Balance of Funds $25,007.20 CV1-CDBG CARES Act funds, in the amount of $250,072, were allocated to the City in August of 2020, for the purpose of preventing, addressing, and assisting with impacts of COVID- 19/Infectious Disease. To date, the City has allocated $130,296, leaving a balance of $119,776. The Resolution allocates $25,007.20 to projects approved during the first application process for CV1-CDBG funding. A substantial plan amendment is only triggered when changes in funding are 10% or more than the original allocation. 10% of $250,072 is $25,007.20; therefore, these changes are not subject to the substantial amendment process. The balance of funds subject to the substantial amendment process is $94,768.80 and is currently being addressed a new and separate application process. With this Resolution, the City will be allocating an additional $25,007.20 of CV1-CDBG funds, not subject to the substantial amendment process, to the activities/projects. Per Mayor Casper, Director Cramer stated the decisions are only needed for CV3. Both CV1 Resolutions were previously recommended. Councilor Francis stated he is a member of two (2) of the boards that receive money through these funds although he does not have any personal financial gain and he intends to vote on these items. Councilor Hally and Council President Dingman stated they are also members of some of the boards. Councilor Smede noted her daughter works at one (1) of the entities. Councilor Francis stated approval of the elements of CV1 is not subject to a substantial amendment. He reviewed the amount each entity would receive and noted all requests were fully funded. It was moved by Councilor Francis, seconded by Councilor Radford, to approve the Resolution approving CV1- CDBG funding allocations to previously approved projects as listed and give authorization for the Mayor and City 5  December 17, 2020 Special City Council Meeting Clerk to execute the necessary documents. Roll call as follows: Aye – Councilors Francis, Hally, Radford, Dingman, Smede, Freeman. Nay – none. Motion carried. RESOLUTION NO. 2020-33 A RESOLUTION OF THE CITY OF IDAHO FALLS, IDAHO, AMENDED CDBG PROGRAM YEAR 2020 ANNUAL ACTION PLAN TO APPROVE THE BALANCE OF CV1-CDBG FUNDS OF $25,007.20 FOR ACTIVITIES AND PROJECTS AS PROVIDED IN ATTACHED TABLE. Subject: CV1-CDBG Resolution for Balance of Funds $94,768.80, subject to a substantial 2020 plan amendment CV1-CDBG CARES Act funds, in the amount of $250,072, were allocated to the City in August of 2020, for the purpose of preventing, addressing, and assisting with impacts of COVID- 19/Infectious Disease. To date, the City has allocated $155,303.20, which includes $130,296 allocated during the first application period and $25,007.20 of additional allocation to these previously approved projects. This leaves a balance of $94,768.80, which is more than 10% of the original allocation and therefore triggers a substantial amendment to the 2020 plan. With this Resolution, the City will be allocating an additional $94,768.80 of CV1-CDBG funds to the activities/projects. The activities/projects were presented during the 12/10/20 public hearing. A five-day public comment period was held 12/10/20 through 12/15/20 and all comments were considered. Councilor Francis stated this is a substantial amendment. He reviewed the entities and proposed amounts. It was moved by Councilor Francis, seconded by Councilor Radford, to approve the Resolution approving CV1- CDBG funding allocations, subject to a substantial 2020 plan amendment, to projects as listed in the Resolution, and give authorization for the Mayor and City Clerk to execute the necessary documents. Roll call as follows: Aye – Councilors Freeman, Radford, Smede, Francis, Dingman, Hally. Nay – none. Motion carried. RESOLUTION NO. 2020-34 A RESOLUTION OF THE CITY OF IDAHO FALLS, IDAHO, AMENDED CDBG PROGRAM YEAR 2020 ANNUAL ACTION PLAN TO APPROVE THE BALANCE OF CV1-CDBG FUNDS OF $94,768.80 FOR ACTIVITIES AND PROJECTS AS PROVIDED IN ATTACHED TABLE. Subject: CV3-CDBG Resolution for New Funds of $257,585 A third round of CARES Act funds, CV3-CDBG ($257,585), was allocated to the City in September of 2020 for the purpose of preventing, addressing, and assisting with impacts of COVID-19/Infectious Disease. With this Resolution, the City will be allocating $257,585 of new CV3-CDBG funds to the activities/projects. This new round of funding also triggered a substantial amendment to the 2020 plan. A five-day public comment period was held 12/10/20 through 12/15/20 and all comments were considered. Director Cramer stated new information was received in the previous week specifically for the Skyline Activity Center and the Idaho Housing and Finance Association (IHFA). Grants Administration Lisa Farris stated she received 15 letters of recommendation and support. She noted she has not previously received that amount of public input. She stated nine (9) more individuals were discovered to qualify for housing. She also stated additional discussion will need to occur regarding the Activity Center as an immunization location. Ms. Farris reviewed the entities and amounts. Per Mayor Casper, Ms. Farris stated this would meet needs in the community. She also stated this option would not hold up funding for other agencies. She noted the money for the Activity Center does not need to be used at this time, it could be used in other areas, and it would not hold up funding. She stated all entities were funded at the requested amount versus City-sponsored projects. Ms. Farris stated, should the Resolution be approved, $61,572.43, including a portion from the previous Resolution, would assist 22 low to moderate income (LMI) homeowners in the census tracts for three (3) months of mortgage assistance. She stated IHFA has assistance 6  December 17, 2020 Special City Council Meeting for renters but there is a gap for homeowners. She noted several homeowners were 6-9 months delinquent, and this was a difficult decision. Director Cramer clarified the $70,000 could be removed from the Resolution although it would have to go through the process again, and if the Activity Center is chosen as an immunization location. It was moved by Councilor Francis, seconded by Councilor Radford, to approve the Resolution for CV3-CDBG funding allocations per the project list, as presented in the Council meeting this evening, subject to a substantial amendment to the 2020 plan, and give authorization for the Mayor and City Clerk to execute the necessary documents. Roll call as follows: Aye – Councilors Hally, Radford, Francis, Dingman, Smede, Freeman. Nay – none. Motion carried. RESOLUTION NO. 2020-34 A RESOLUTION OF THE CITY OF IDAHO FALLS, IDAHO, AMENDED CDBG PROGRAM YEAR 2020 ANNUAL ACTION PLAN TO APPROVE CV3-CDBG FUNDS OF $257,585 FOR ACTIVITIES AND PROJECTS AS PROVIDED IN ATTACHED TABLE. Announcements: Councilor Francis encouraged the public to see the lights at the Friendship Garden and along Memorial Drive. Mayor Casper noted Idaho Falls Fiber will serve its 1,000th customer in the near future, and this is the final Council Meeting of the year. She requested everyone celebrate carefully during the holidays. Adjournment: There being no further business, the meeting adjourned at 8:45 p.m. s/ Kathy Hampton s/ Rebecca L. Noah Casper Kathy Hampton, City Clerk Rebecca L. Noah Casper, Mayor 7