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City Council

Regular Meeting

Idaho Falls, ID · February 9, 2021

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Minutes

February 9, 2021 Work Session The City Council of the City of Idaho Falls met in Council Work Session, Tuesday, February 9, 2021, in the Council Chambers in the City Annex Building located at 680 Park Avenue in Idaho Falls, Idaho at 7:15 a.m. Call to Order and Roll Call: 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: Pamela Alexander, Municipal Services Director Randy Fife, City Attorney Kathy Hampton, City Clerk Mayor Casper called the meeting to order at 7:15 p.m. with the following items: Acceptance and/or Receipt of Minutes: It was moved by Councilor Francis, seconded by Councilor Hally, that Council receive the recommendations from the Planning and Zoning Commission pursuant to the Local Land Use Planning Act (LLUPA). Roll call as follows: Aye – Councilors Hally, Radford, Francis, Dingman, Smede, Freeman. Nay – none. Motion carried. Calendars, Announcements and Reports: February 17, City offices closed for Presidents Day Mayor Casper noted, due to her absence, Council President Dingman will be leading the February 11 Council Meeting. Liaison Reports and Council Concerns: Council President Dingman had no items to report. Councilor Freeman had no items to report. Councilor Smede had no items to report. Councilor Radford had no items to report. Councilor Hally stated the Idaho Falls Fire Department (IFFD) ladder truck will be received in March. Councilor Francis had no items to report. Coronavirus (COVID-19) Update: Mayor Casper stated there were 449 cases State-wide, 64 cases in the Eastern Idaho Public Health (EIPH) District, and 29 cases in Bonneville County. This continues to be a lower case rate and as a result, the number of active cases has decreased. The rate per 10,000 in Bonneville County has decreased below the ten (10) active cases. Due to this lower active cases being achieved for two (2) weeks in a row, Bonneville County has moved from the Moderate Risk level to the Minimal Risk level. Mayor Casper indicated there are several changes from the Moderate Risk to the Minimal Risk although the most notable change is the lack of a mask mandate requirement. She stated it has been suggested that mask wearing should continue. She also stated vaccinations are continuing. She noted IFFD Fire Chief Duane Nelson stated 300 vaccinations could be delivered a day, although only approximately 80 doses are being 1 February 9, 2021 Work Session received weekly; Idaho is receiving fewer doses than expected; and the vaccination plan with EIPH has been modified. Reconsideration of Resolution 2020-29 and possible action to amend or rescind: Council President Dingman indicated several business owners closed their businesses due to the resolution passed by the Council in November 2020 (Resolution 2020-29) as the business owners believed they would be cited with a misdemeanor if the six-foot social distancing could not be maintained. She does not believe this was the intent of the resolution. She believes the intent was to communicate a variety of things – that Council was in support of COVID mitigation strategies (at that time there were hundreds of cases); was attempting to prevent super-spreader events (prior to the holidays); and was communicating the support of governing bodies (the governor’s office and EIPH) while realizing the hospitals were overwhelmed. Council President Dingman believes the result of this resolution was mixed. She also believes this resolution continued to muddy the waters in regard to law enforcement as no citations were issued for public events, and the post-holiday COVID spike did not occur. Council President Dingman stated EIPH, the governor’s office, and the school districts have modified their orders and policies since the passage of the resolution. She indicated she is in favor of rescinding the resolution or thoughtfully re-doing the resolution as she hates to see this confusion continue. Councilor Francis stated he agrees with Council President Dingman on many respects. He believes paragraphs 2, 3, and 4 should be rescinded from the resolution which references Stage 2 Orders from Governor Brad Little, which is no longer in effect and may cause confusion for the Parks and Recreation (P&R) Department. He expressed his concern for P&R. He suggested keeping a portion of paragraph 1 to support the EIPH Regional Response Plan. He understands the EIPH Regional Response Plan is a direction. Councilor Freeman suggested removing the first four (4) WHEREAS statements from the resolution. He also agrees to strike-out paragraphs 2, 3, and 4. Councilor Smede believes the Council should be flexible and upcoming situations should be addressed as they occur. She also believes Resolution 2020-29 should be rescinded and a new resolution be approved. Councilor Radford believes the resolution should be modified versus rescinding. He does not believe a resolution will have the same impact as an ordinance. Per Council President Dingman, Mr. Fife explained an ordinance is a statement of law by the governing board that applies to everyone within the jurisdiction with the potential for a misdemeanor, infraction, or civil fine; and a resolution is a statement of intent by the governing board which does not have the effective law although it has the effective persuasion and is the Council’s view/statement/opinion of process or policy. He also noted a resolution can be effective immediately. Council President Dingman believes the conversation has been framed that the resolution is an ordinance. She does not believe amending the resolution will have much impact. She also believes rescinding the resolution falls in line with the other governing bodies. Councilor Radford believes that rescinding the resolution will give a message that the Council thinks this (pandemic) is over. Councilor Francis agrees. He believes the messaging is crucial as the Council is not giving up trying to mitigate this disease. Per Council President Dingman, Mr. Fife indicated legal staff explained the governor’s orders to any public inquiry. Councilor Hally stated his focus in on the virus, he strongly believes a statement should be made regarding mask wearing. Per Councilor Radford, Mr. Fife explained rescinding and superseding a resolution. It was moved by Councilor Francis, seconded by Councilor Radford, that Council amend Resolution 2020-29 by removing the first four (4) WHEREAS clauses/recitals and removing, of the actual resolution, paragraphs 2, 3, and 4 leaving paragraph 1 in place as worded and work with Legal to rewrite the resolution for February 11 (Council Meeting) with a new resolution to supersede 2020-29. Councilor Freeman suggested to remove ‘will act to’ from paragraphs 1 and 2. It was then moved by Council President Dingman, seconded by Councilor Smede, to amend Councilor Francis’ motion of amending Resolution 2020-29 to withdraw the first four (4) WHEREAS clauses, to strike paragraphs 2, 3, and 4 and to modify paragraph 1 to strike the words ‘will act to’ in the first sentence. Roll call on the amended motion as follows: Aye – Councilors Freeman, Francis, Hally, Radford, Smede, Dingman. Nay – none. 2 February 9, 2021 Work Session Motion carried. Roll call on the new motion as follows: Aye – Councilors Dingman, Smede, Radford, Hally, Francis, Freeman. Nay – none. Motion carried. Following brief discussion, it was then moved by Council President Dingman, seconded by Councilor Francis, to amend the modified Resolution 2020-29 to remove ‘and any legal mandates’ from paragraph 1. Roll call on the motion as follows: Aye – Councilors Smede, Francis, Freeman, Hally, Radford, Dingman. Nay – none. Motion carried. Discussion followed regarding wording/inclusion for a resolution at the February 11, Council Meeting to supersede Resolution 2020-29. Mayor Casper clarified the City has never had a mask mandate, any requirement has come from EIPH’s order, which is no longer in affect. She also clarified the City will follow the laws of the State, which states the district and the governor can make orders. She reiterated a resolution is an expression of the Council’s intent/will and is meaningful although it does not have the force of law. There being no further business, the meeting adjourned at 8:45 a.m. s/ Kathy Hampton s/ Rebecca L. Noah Casper Kathy Hampton, City Clerk Rebecca L. Noah Casper, Mayor 3

Agenda

Honorable Mayor and Council Brad Cramer, Community Development Services Director February 3, 2021 February 2, 2021, Planning Commission Action Planning Commission took the following action during the February 2, 2021 meeting. 1. PLAN20-001: Northgate/1st Street Area Wide Planning Study. On February 2, 2021 the Planning and Zoning Commission recommended adoption of the Northgate/1st Street Area Wide Planning Study. 2. PLAT20-045: PRELIMINARY PLAT. Southpoint Division No. 11. Ag land northeast of 65th S and 5th W, north of W 65th S, east of S 5th W, south of W 49th S, west of Holmes Ave. On February 2, 2021 the Planning and Zoning Commission recommended to the Mayor and City Council approval of the preliminary plat as presented. 3. PLAT20-043: FINAL PLAT. Winchester-Kingwood Addition Division No. 1 Third Amended. Generally located southeast of the intersection of E Sunnyside Rd and S 25th E. North of E 49th S, east of S 15th E, south of E Sunnyside Rd, west of S 25th E. On February 2, 2021, the Planning and Zoning Commission recommended approval of the final plat as presented 4. ANNX20-020: ANNEXATION/INITIAL ZONING. LM and HC for approximately 10.623 acres in the SE ¼ of Section 1, Township 2 North, Range 37 East. Generally located south of Independence Dr., west of N 5th W, north of W 33rd N, and east of the Snake River. On February 2, 2021 the Planning and Zoning Commission recommended approval of the annexation with an initial zoning of R&D. 5. ANNX20-019: ANNEXATION /INITIAL ZONING. R1, R3, LC Southpoint Division No. 11. Generally located north of W 65th S, east of S 5th W, south of W 49th S, west of Holmes Ave. On February 2, 2021 the Planning and Zoning Commission recommended approval of the annexation and initial zoning as presented. RZON21-001: REZONE. Airport Property from R1 to LM. Generally located west of, 6. and adjacent to, N 5th W, south of Pevero Dr., north of W 33rd N, and east of the Snake River. On February 2, 2021 the Planning and Zoning Commission recommended denial of the rezone from R1 to LM. 7. PUD20-010: PLANNED UNIT DEVELOPMENT. Harvest Homes at Taylor View PUD. Directly south of Taylor View Middle School. Generally located north of E 49th S, east of S 5th W, south of E Sunnyside Rd., west of S Holmes Ave. On February 2, 2021 the Planning and Zoning Commission recommended approval of the PUD ad presented. RECOMMENDED COUNCIL ACTION: To receive recommendation(s) from the Planning and Zoning Commission pursuant to the Local Land Use Planning Act (LLUPA). PARKS & RECREATION COMMISSION MEETING JANUARY 4, 2021 WEBEX MEETING 12:00 Noon Members in Attendance: B. Lee, R. Nitschke, B. Combo, M. Hill, R. Foote, T. Hersh, C. White, J. Francis, J. Freeman, R. Casper, R. Campbell, S. Katseanes, P. Holm, T. Reinke, C. Horsley Members Not In Attendance: P. Lloyd, D. Radford, W. Johnson, D. Pennock CALL TO ORDER – B. COMBO B. Combo called the meeting to order at 12:06. APPROVAL OF MINUTES T. Hersh moved to approve the October 5, and November 2, 2020 minutes. M. Hill seconded. All in favor. DIRECTOR’S REPORT – P. Holm P. Holm reported on the following:  The new Parks and Recreation Commission members Renee Foote and Robert Nitschke were introduced.  The final version of the Idaho Falls Recreation Comprehensive plan was just e-mailed to P. Holm January 4th. He will send it out. He discussed the Parks and Recreation vision and the mission statement; “To Enrich Community”.  Splash Pad Update. The professional service agreement for design and construction of the splash pad was awarded to Stratton and Bratt and approved by City Council in December. The final color and concept designs were decided. We should have a completion by May 31st, 2021.  Pinecrest Irrigation project update. The irrigation loan was approved by City Council in December. This interdepartmental loan process was explained and the amount we borrowed from the Water Department was $500,000; the Power Dept. $500,000; Parks Department $1,000,000 and the golf MERF account $1,000,000. We have a ten year pay back schedule on this loan.  Right siding the Recreation fund was discussed. We are looking to get an increase on the recreation levy. A presentation will be given to City Council by Parks & Recreation. We will also be looking to add additional revenue from scholarships and grants, as well as looking at raising the fees for programs and facilities especially for non-residents.  Land and Water Conservation update: We have been meeting with an internal and external group to find ways to mitigate our non-compliance. The planned water tower location will cause further non-compliance however the Public Works Department is behind supporting us to get into compliance. B. Lee met with School District 91 and says there is a desire for collaboration with the City in regards to a parcel of land located at 49th S. and Holmes.  Mel Erickson bench discussion. P. Holm discussed the large footprint left by former council Mel Erickson in our city. The City Council is proposing collecting donations to install a memorial bench in one of the parks or golf courses. After much discussion, and a generous donation from T. Hersh and Dixie’s Diner, it was decided to table this topic until May to see the amount of donations collected in that time and then decide how to move forward.  War Bonnet update. We are just about finished collecting the signed contracts from our stock contractor, veterinarian, sound producers, etc. and then we will get them to the Mayor for approval. Staff and Committee reports T. Reinke – Golf operations Manager T. Reinke reported on the following:  T. Reinke reported on the 2020 revenue from passes, green fees, golf cart rentals, and merchandise and state of the courses during the pandemic.  He discussed the golf irrigation project, and his thoughts of how to complete the project with minimal disruptions for the customers. R. Campbell – Parks Superintendent R. Campbell reported on the following: He updated the commission on tasks being completed during December including:  Snow removal which not only includes parks and pathways but also city owned sidewalks and parking lots.  Tree trimming  Downtown Christmas lights on greenbelt and at Sportsman’s Park  Restroom repairs (we have 14 open in the winter)  Repairing the deck on the west bank of the river by the falls  Outdoor Ice ponds constructed and opened.  Cross country trails have been groomed.  Cemetery operations including burials and the planned Rosehill road improvements. C. Horsley – Recreation Superintendent C. Horsley reported on the following:  Winter programs continue to move forward. We keep reviewing and adjusting protocols to make sure programs are safe and successful.  Basketball leagues will kick off the first week of January. The governor’s office released new guide lines regarding high school sports protocol and we are reviewing it to see if it affects our spectator protocols.  The air filtration systems have been installed in the ice arena but they still need sealed.  A mold study was done at Aquatic Center and the results show there are no concerns. S. Katseanes – (on behalf of D. Pennock) S. Katseanes reported on the following:  The zoo is working on reorganization. Tim McCammon will now be a facilities manager and Sunny Katseanes will take on the role of public engagement curator, and head of guest services along with her current duties.  The zoo is working on expanding their season.  They are writing their first NSF Grant.  They have a New Point of Sale system that they will be bringing on-line.  Marvin the popular Red Panda will be back this spring with a lady friend.  The zoo camel is expecting. Motion to adjourn made by B. Nitschke, B. Lee seconded. Meeting adjourned at 1:29 PM. Next meeting will be held February 1, 2021. Recorded by: Tracy Sessions, Clerk, Parks & Recreation Idaho Falls Sister City Youth Approved Meeting-Minutes This meeting was conducted using the platform Zoom ​January 18, 2021 Maggie Boring Eden Combs Charlotte Combs Laura Combs Jackson Corbridge Jackie Corbridge David Eaton Katie Eaton Kylie Eaton Abby Gallegos Sam Hawker Lori Kidwell Charlie Medema Max Medema Heather Medema Mike Medema Jorge Padron Nathan Peck Kendra Peck Anna St. Michel Whitney St. Michel Stephanie VanAusdeln Carter Thompson Jennifer Thompson Approval of Meeting Minutes ​A motion by Stephanie VanAusdeln was made to approve the January 6, 2021 meeting minutes. Motion was seconded by David Eaton Passed. Reminder The next Zoom meeting will be ​February 3, at 7:00.​ Please put this on your calendar. A reminder email notice will be sent out before the meeting. Because February 15th is a holiday the group discussed whether to have the meeting then or schedule the meeting to another day. The group agreed to keep the February 15th meeting. ​An application will need to be filled out and sent to Katie Eaton at mskatherinejean@gmail.com​. Please include the guardians’ cell number and email address as well as the student’s cell phone number and email address. Each student is required to sign the Code of Conduct. Please email the completed Code of Conduct form along with the application form. Yearly dues: Individual ($25 – 1 student) Family ($35 – 2 or more students) Checks payable to Sister Cities of Idaho Falls. Please send a check to Lori Kidwell. Her address is: 1968 Sierra Idaho Falls, Idaho 83402 OR you may send membership dues using Venmo under the name of Lori Hawker. New Year Cards with Tokai-Mura Students ​David Eaton and Kendra Peck will distribute the remaining New Years postcards they received from Sister City Tokai-Mura students. Treasurer’s Report ​As of January 16, 2021 the amount in checking is $16,268.84. Fundraisers ​Selling Calendars There are several calendars left that need to be sold. Abby Gallegos, Kendra Peck, Stephanie VanAusdeln, Carter Thompson, Whitney St. Michel, and David Eaton stated they would sell one or more of the remaining calendars. Discussion with Idaho Falls City ​David Eaton met with Mayor Casper, a city councilman, and Cindy Ozaki. The Mayor stated that all monies given from the city needs to be tracked. The city proposed a hybrid model where IFSCY would submit a budget for the amount needed when the Tokai-Mura students are here in Idaho Falls. David showed a spreadsheet of expenses from the 2019 and 2017 exchange. Student Activity Carter Thompson did a powerpoint presentation on Japanese New Year Traditions. Attached is the Powerpoint presentation. ​Instagram Page ​An instagram page has been created and is being worked on now. The students discussed having an IFSCY instagram account. Stephanie VanAusdeln stated that permission from each Idaho Falls’ student as well as Tokai-Mura student needs to be given in order to post pictures on the public Instagram. Additional information will be added soon on this topic. Japanese Resources After some information gathering, it has been decided that it would be beneficial to give the group access to multiple ways to study Japanese, due to the Japanese student's effort to learn English. Access to this can be found below. Feedback Form The feedback form is to allow the Sister Cities Members to give more ideas for correction, and for growth. Website Corrections/New ideas ​Stephanie and Max are in charge of updating the website. If you have any questions or ideas, please let me know at ​lizardsrfun@gmail.com​, and I will get them to Stephanie. Student Volunteers for the upcoming meetings in 2021 are: Stephanie VanAusdeln volunteered to present on February 3rd and McKenzie McIsaac will present on February 15th. MaggieBoring volunteered to present at the first meeting in March. Next meeting: ​Next meeting will be on February 3, 2021. Motion to Adjourn Stephanie VanAusdeln motioned to adjourn the meeting. It was seconded by Carter Thompson. Below is the link to Carter Thompson’s powerpoint presentation Japanese New Year Tradition: https://docs.google.com/presentation/d/1hSf8d_LnaTeWrTBNQO8eFHBLhDKd5GB3wWJv4peh O1Y/edit?usp=sharing Below are links from Stephanie VanAusdeln. Free Japanese Resources: https://docs.google.com/document/d/1_0WvHyNiOfG-2-t5iYLPK63dUPedtO3y_WrbZPB8iWw/e dit?usp=sharing Japanese learning/games etc IFSCY Feedback Form: https://docs.google.com/forms/d/e/1FAIpQLSeBZeD9_hI2DprCnB4wd0xSLG1L-x43LvXN5Q4s4 BnFtIrWqg/viewform Current Checking Balance as of 01/06/2021---$16,318.84 Money Market balance $3292.53 Savings balance $25.05 December Deposits 12/01/2020 to 01/06/2021 (+$100) Dues received: Venmo: Laura Combs for Charlotte $25 (01/06) Cash Lori Kidwell for Sam $25 (​paid in November​ while waiting for Rebecca’s PayPal) Checks Date ​ ​Check# 11/28 #1534 Melinda Cebull for Nick $25 12/03 #2090 Rebecca Smith for Stephanie $25/ 11/11 Pay Pal payment didn’t go through 12/10 #119 Laura Kelley for Izabel $25 No December Deductions (Statement is still not available for December as of 1pm 01/06/2021) November 30, 2020 Statement Basic Checking $16,218.84 previous months balance $16,058.84 Money Market $3291.83 previous months balance $3291.16 (+$0.67) Reg Share Savings $25.05 previous months balance $25.05 November Deposits (+$160) No Deductions in November Venmo: Kendra Peck for Nathan Peck $25 Whitney St Michael for Anna $25 Jennifer Thompson for Carter $25 PayPal: Rebecca Smith for Stephanie $25(Didn’t go through/paid by check) Cash/Check Heather Medema for Charlie and Max $35 Jorge Padron for Gabe $25 RESOLUTION NO. 2021- A RESOLUTION OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, RESCINDING RESOLUTION 2020-29, AND PROVIDING THAT THIS RESOLUTION BE EFFECTIVE UPON ITS PASSAGE. WHEREAS, the Council issued Resolution 2020-06, on March 23, 2020, and Resolution 2020- 08, April 20, 2020, which ratified the Mayor of Idaho Falls’s March 18, 2020, declaration of Local Disaster Emergency in response to the COVID-19 Pandemic; and WHEREAS, the Local Disaster Emergency declared by the Mayor’s March 18, 2020, declaration (and ratified by the Council on March 23, 2020, and April 20, 2020) expired on April 30, 2020; and WHEREAS, the Governor of the State of Idaho and the Eastern Idaho Public Health Department have since issued a series of Emergency Orders that have established legal mandated and mitigation strategies to reduce the spread of COVID-19; and Whereas; the Council adopted Resolution 2020-29 which instructed City staff to adopt a policy to support Governor Little’s “Rebound Idaho” COVID-19 Proclamation on November 24, 2020; and WHEREAS, the new daily infections in Idaho on November 24, 2020, was 1,640 in the State; and WHEREAS, the projected increase in the number of COVID-19 cases and hospitalizations over November and December 2020 in the City and the surrounding communities had threatened local medical centers with capacity of service; and WHEREAS, the Council’s intent to support the “Rebound Idaho” policies was, in part, to avoid a surge of new cases during the winter months of November and December 2020; and WHEREAS, the daily new infection in Idaho as of February 2, 2020, has been significantly reduced to 482 cases; and WHEREAS, the moving average incident rate for Bonneville County has been reduced from 87.4 per 100,000 on November 24, 2020, to 24.3 per 100,000 on February 2, 2021; and WHEREAS, the Council believes that the objectives of Resolution 2020-29 have been achieved; and WHEREAS, the Council believes that the policies established by Resolution 2020-29 are no longer needed; and Withdrawing Resolution 2020-29 PAGE 1 OF 2 WHEREAS, Governor Little announced on February 2, 2021, that the State would be progressing to State 3 of the “Rebound Idaho” plan. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF IDAHO FALLS, IDAHO, AS FOLLOWS: 1. The entirety of Resolution 2020-29 shall be withdrawn. 2. That any policies adopted by the City in accordance with Resolution 2020-29 be discontinued by City staff. ADOPTED and effective this ______ day of ____________, 2021. ATTEST: CITY OF IDAHO FALLS, IDAHO _________________________ ___________________________________ Kathy Hampton, City Clerk Rebecca L. Noah Casper, Mayor (SEAL) STATE OF IDAHO ) ) ss: County of Bonneville ) I, KATHY HAMPTON, CITY CLERK OF THE CITY OF IDAHO FALLS, IDAHO, DO HEREBY CERTIFY: That the above and foregoing is a full, true and correct copy of the Resolution entitled, “A RESOLUTION OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, RESCINDING RESOLUTION 2020-29, AND PROVIDING THAT THIS RESOLUTION BE EFFECTIVE UPON ITS PASSAGE.” _______________________________ Kathy Hampton, City Clerk (SEAL) Withdrawing Resolution 2020-29 PAGE 2 OF 2

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