City Council

City Council Meeting 680 Park Avenue Idaho Falls, ID 83402 Agenda Thursday, February 25, 2021 7:30 PM City Council Chambers Thank you for your interest in City Government. In response to the COVID-19 crisis, and in compliance with the Idaho Rebounds Stage 3 Order, which recommends avoidance of public gatherings, the City of Idaho Falls hereby provides reasonable means for citizens to participate in the above-noticed meeting. The City believes strongly in public participation and has therefore identified the following ways to participate in this meeting: General Meeting Participation. 1. Livestream on the Internet. The public may view the meeting at www.idahofallsidaho.gov. Meetings are also archived for later viewing on the City’s website. 2. Email. Public comments may be shared with the Mayor and members of the City Council via email at any time. Electronic addresses for elected officials are located at https://www.idahofallsidaho.gov/398/City-Council. 3. In-person attendance. The public may view the meeting from the Council Chambers, or, if the Chambers are full, via livestream in a nearby room. To comply with the Centers for Disease Control and Prevention (CDC) social distancing guidelines, appropriate seating will be provided in the Council Chambers and in a nearby overflow room. Such seating is available on a first-come, first-served basis. Citizens are required to wear face masks for the protection of others. Please be aware that an amendment to this agenda may be made in the meeting upon passage of a motion that states the reason for the amendment and the good faith reason why the desired change was not included in the original agenda posting. All regularly scheduled City Council Meetings are live-streamed and then archived on the city website (barring electronic failure). If communication aids, services or other physical accommodations are needed to facilitate participation or access for this meeting, please contact City Clerk Kathy Hampton at 208-612-8414 or the ADA Coordinator Lisa Farris at 208-612-8323 as soon as possible so they can seek to accommodate your needs. 1. Call to Order. 2. Pledge of Allegiance. 3. Public Comment. Temporarily suspended - see above. 4. Consent Agenda. Any item may be removed from the Consent Agenda at the request of any member of the Council for separate consideration. A. Municipal Services: 1) Minutes from the February 8, 2021 Legislative Discussion; February 9, 2021 Council Work Session; and February 11, 2021 Council Meeting 2) License Applications, all carrying the required approvals Recommended Action: Approve, accept, or receive all items on the Consent Agenda according to the recommendations presented Page 1 of 4  February 25, 2021 City Council Meeting Agenda (or take other action deemed appropriate). 5. Regular Agenda. A. Idaho Falls Power 1) IF21-17 Bid Award to Intermountain Electronics, Inc. for Idaho 21-025 Falls Power Paine Substation Control Building Idaho Falls Power solicited bids from qualified contractors to provide a control building for the new Paine Substation. We received four bids and the lowest priced bidder was determined to be non-responsive by the City Attorney because they could not meet time requirements listed in the bid documents. Intermountain Electronics, Inc. was the lowest responsive, responsible bidder. The Engineer’s estimated cost was for $200,000. Recommended Action: Approve this bid award to Intermountain Electronics, Inc. of Price, Utah for a not-to-exceed amount of $217,575.00 and give authorization for the Mayor and City Clerk to execute the necessary documents (or take other action deemed appropriate). Attachments: IF21-17 Intermountain Electronics, Inc Agreement for Idaho Falls Power Paine Sub Control Bldg B. Municipal Services 1) Resolution to Approve Inter-Departmental Loan Policy 21-009 Resolution 2020-27 approved the Inter-Department Direct Loan Policy for the purposes of providing direct loans for the Idaho Falls Airport and Parks and Recreation Departments. This resolution only included direct loans and did not address the negative cash balance section of the policy. During the Monday, January 25, 2021 work session, the Finance Team reviewed language updates to the negative cash balance section of the policy, with an effective date of October 1, 2021. Recommended Action: Approve the resolution to memorialize the Inter-Department Loan Policy for the purpose of assisting City Departments in achieving long-term financial success and planning, and give authorization for the Mayor and City Clerk to execute the necessary documents, or take other action deemed appropriate. Attachments: Resolution and Interdepartmental Loan Policy.pdf 2) Ordinance, Amend Idaho Falls City Code, Title 1, Chapter 9, 21-020 Section 2, Bonding Requirements Idaho Code Section 50-204 requires the Clerk and Treasurer to be bonded before performing their duties for the City. A blanket bond is provided by the City’s liability provider, Idaho County Risk Management Program (ICRMP) for all officials, officers, and employees required to provide such a bond under Idaho Code 59-408.This ordinance amendment reduces the number of City officers and employees required to be bonded in order to align City Code with current City practice and with current City liability coverage. Page 2 of 4  February 25, 2021 City Council Meeting Agenda Recommended Action: Approve the ordinance amending Title 1, Chapter 9, Section 2 bonding requirements under a suspension of the rules requiring three complete and separate readings and request that it be read by title, reject the ordinance or take other action deemed appropriate. Attachments: Ordinance - Title 1 Ch 2 Sec 9 Bond Requirements 2.17.21.pdf 3) Resolution to relinquish all Claims and Liens for Treasurer’s Tax 21-028 Deed No. 0584870 Treasurer’s Tax Deed No. 0584870 was issued by the City Treasurer on November 18, 1977 and recorded as a local improvement district tax deed in the amount of $174.64 for property located at 366 Park Avenue, lots 7 and 8, Block 26, Railroad Addition. Mr. Crofts has paid the total outstanding balance of the Local Improvement tax lien filed by the City against the property. Recommended Action: Approve the resolution to relinquish all claims and liens for Treasurer’s Tax Deed No. 0584870 and give authorization for the Mayor and City Clerk to execute the necessary documents or take other action deemed appropriate. Attachments: MS_QuitClaim Deed for Tax Deed 0584870.pdf C. Public Works 1) Development Agreement for Southeast Townhomes Division No. 21-021 1, within the City of Ammon Southeast Townhomes, Division No. 1 is a development within the City of Ammon immediately adjacent to Hitt Road (25th East) south of Sunnyside Road. This Development Agreement identifies developer responsibilities including the design and construction of road improvements for Hitt Road (25th East). Specific requirements are covered within the Special Conditions included within Exhibit B of the agreement. Recommended Action: Approval of Southeast Townhomes Division No. 1 Development Agreement; and, authorization for Mayor and City Clerk to sign the documents or take other action deemed appropriate. Attachments: Southeastern Townhomes Dev Agreement.pdf 2) Easement Vacation - Lots 8-13, Block 1, Division 2 of Chaffin 21-022 Addition Attached for consideration is an ordinance for easement vacations covering Lots 8-13, Block 1, Division 2 of the Chaffin Addition for the purpose of better facilitating development of the property. Recommended Action: Page 3 of 4  February 25, 2021 City Council Meeting Agenda Approve the Easement Vacation Ordinance under a suspension of the rules requiring three complete and separate readings and request that it be read by title (or consider the ordinance on the first reading, reject the ordinance, or take other action deemed appropriate). Attachments: Chaffin Easement Vacation .pdf 3) 17th Street and Woodruff Avenue Intersection Improvement 21-023 Right-of-Way Agreement. Please find attached for execution a right-of-way agreement with the Roman Catholic Diocese of Boise for the sale of property to accommodate improvements to the 17th Street and Woodruff Avenue Intersection project. The purchase value was negotiated and involves Parcel 16 for $279,411.00. Recommended Action: Approval of the 17th Street and Woodruff Avenue Intersection Improvement Right-of-Way Agreement; and, authorization for the Mayor and City Clerk to sign the document or take other action as deemed appropriate. ..end Description, Background Information & Purpose Attachments: Right of Way Agreement.pdf 4) Resolution - Condemnation of Properties for the 17th Street and 21-024 Woodruff Avenue Intersection Improvement Project The 17th Street and Woodruff Avenue intersection improvement project has been programmed and includes design and construction funds to address capacity and safety issues at this major intersection. Proposed improvements to add turn lanes require that additional right-of-way be purchased to construct the project. With the support of the City Council, Public Works staff have negotiated with the property owner and made fair-market offers to purchase needed right-of-way, but have been unable to reach agreement for the parcels included within the resolution. Therefore, it is recommended that the city exercise its eminent domain authority to acquire necessary right-of-way to complete the proposed intersection improvements. Recommended Action: Approval of the resolution and authorization for Mayor and City Clerk to sign the document or take other action deemed appropriate. Attachments: Resolution for Condemnation - Project A014 (024) (002).pdf 6. Announcements. 7. Adjournment. Page 4 of 4  February 8, 2021 Legislative Session - Unapproved The City Council of the City of Idaho Falls met in Legislative Session, Monday, February 8, 2021, in the Council Chambers in the City Annex Building located at 680 Park Avenue in Idaho Falls, Idaho at 4:00 p.m. Call to Order and Roll Call: There were present: Mayor Rebecca L. Noah Casper Councilor John Radford (via WebEx) Councilor Thomas Hally Councilor Jim Freeman (via WebEx) Councilor Jim Francis Councilor Shelly Smede Absent: Council President Michelle Ziel-Dingman Also present: Pamela Alexander, Municipal Services Director Duane Nelson, Fire Chief Robert Wright, Library Director Bear Prairie, Idaho Falls Power Director (via WebEx) Brad Cramer, Community Development Services Director (via WebEx) Bryce Johnson, Police Chief (via WebEx) Chris Fredericksen, Public Works Director (via WebEx) Josh Roos, Treasurer (via WebEx) Mark Hagedorn, Controller Carla Bruington, Executive Assistant to the Mayor (via WebEx) Dana Briggs, Economic Development Coordinator Randy Fife, City Attorney Kathy Hampton, City Clerk Mayor Casper described Operation Cupid Heart to Heart, a valentine service opportunity for the community’s elderly population. She will distribute additional information as requested. Discussion of State Legislative Proposals impacting the City of Idaho Falls and determination of City response, if any: Mayor Casper indicated several proposed legislative bills will affect Municipal Services as well as other General Fund departments. She noted the State website has a bill tracker feature. This tracker feature details the text of the bill, the status of the bill, and who sponsored the bill. Mayor Casper briefly reviewed the following House Bills (HB) and Senate Bills (SB), including support or opposition from the Association of Idaho Cities (AIC), with general comments throughout: Disaster Declarations, Boards of Health, City Orders/Health and others, Eminent Domain – Limitation/Urban Renewal, Electronic Notices (Mayor Casper stated this bill passed the House State Affairs Committee in spite of heavy opposition from the newspaper industry; Director Cramer noted this will not affect the mailing of notices for Local Land Use items; and Director Alexander stated $27,792 was paid to the Post Register in the previous year for legal notices), Peace Officer Standards Training (POST) Funding – Liquor Fund, Psychoactive Drugs – Constitutional Amendment (brief discussion followed regarding amendments to the Constitution, Councilor Radford noted small doses of psychoactive drugs may be U.S. Food and Drug Administration (FDA) approved in the future for specific ailments/issues), City Advisory Ballot, Libraries/Library Boards (Director Wright believes this is to separate Libraries from politics, he requested support from the Mayor and the elected officials), Liquor Licensing 1  February 8, 2021 Legislative Session - Unapproved (liquor licenses are currently issued based on population, Mayor Casper stated this is problematic economically for small cities), Water Quality, Heavy Trucks, Imagine Idaho Broadband (Mayor Casper believes this mirrors electricity and has become a necessity), Monuments and Memorials – Legislative Approval, Bond Levy Elections/Disclosures, Municipalities and Bankruptcy, Business Licensing (brief discussion followed regarding those individuals under 18 years old who may have a City license), Impact Fees, Local Government – Uniform Accounting (Mr. Hagedorn believes this a transparency issue versus an accounting standard, and it would not affect the audit although it would be more complicated; Director Alexander believes this is a trend within government), and Property Taxes/Taxing District Budgets (Mayor Casper stated this would put a cap on incoming monies, and would diminish the ability to meet the needs that are incurred with new growth. She briefly reviewed AIC proposals. She noted property taxes are only one (1) leg of the stool along with sales tax and income tax. Mr. Hagedorn stated this bill would be financially crippling to the City, budget cuts would have to occur each year, it would be necessary to take the foregone money, and Idaho does not have a Local Option Sales Tax. Discussion followed including preferred communication to the State legislators.). There being no further business, the meeting adjourned at 5:54 p.m. Kathy Hampton, City Clerk Rebecca L. Noah Casper, Mayor 2  February 9, 2021 Work Session - Unapproved 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 - Unapproved 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 - Unapproved 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. Kathy Hampton, City Clerk Rebecca L. Noah Casper, Mayor 3  680 Park Avenue City Council Meeting Idaho Falls, ID 83402 Minutes - Draft Thursday, February 11, 2021 7:30 PM City Council Chambers 1. Call to Order. Present: Council President Michelle Ziel-Dingman, Councilor Shelly Smede, Councilor Jim Francis, and Councilor Thomas Hally Absent: Mayor Rebecca L Noah Casper Via WebEx: Councilor John Radford, and Councilor Jim Freeman Also present: All available Department Directors Randy Fife, City Attorney Kathy Hampton, City Clerk 2. Pledge of Allegiance: Mayor Casper requested Brad Cramer, Community Development Services Director, to lead those present in the Pledge of Allegiance. 3. Public Comment. Public comment has been temporarily suspended. 4. Coronavirus (COVID-19) Update. Council President Dingman stated there are 27 current cases in Bonneville County with an active rate of 11.6 per 10,000. She noted the numbers continue to stabilize and decrease; the masking mandate was recently removed by Eastern Idaho Public Health (EIPH); and School District 91 will potentially vote on changes related to COVID-19. 5. Consent Agenda. A. Mayor's Office 1) Appointments to War Bonnet Round Up Advisory Committee Attached please find communication from Parks & Recreation Director, PJ Holm, regarding the citizen volunteers I am appointing to serve on the War Bonnet Round Up Advisory Committee sponsored by the Parks and Recreation Department: Name Term Expires Status Krisi Staten 12/31/23 New Appointment Dennis Marshall 12/31/22 New Appointment Jeff Newgard 12/31/23 New Appointment Kyle Searle 12/31/21 New Appointment Kassi Jones 12/31/23 New Appointment Robert Skinner 12/31/22 New Appointment Page 1 of 7 City Council Meeting Minutes - Draft February 11, 2021 Tribal Member TBA Ongoing The applicants have been screened and subsequently recommended by Director Holm. I too have reviewed the applications. The Shoshone-Bannock Tribal Member appointee will go through a rigorous vetting process by the Tribal Council. For this reason, I have no concern for the quality and commitment of the appointee. Overall, we are confident that all of these individuals meet the criteria set forth in the city code, and that all will make positive contributions to the War Bonnet Round Up and the City of Idaho Falls. If you have questions or comments, please feel free to contact me. 2) Appointment to the Idaho Falls Redevelopment Agency Board Attached please find communication from Community Development Services Director, Brad Cramer regarding the volunteer I am appointing to serve on the Board of the Idaho Falls Redevelopment Agency. Name Term Expires Status Jon Walker 12/31/26 Appointment The proposed appointee has been recommended by Director Cramer. We are confident Commissioner Walker meets the criteria set forth in the city code. Having a County Commissioner on the Board allows for a high level of intergovernmental coordination and communication. We expect this will make a positive contribution to the good work of the Redevelopment Agency. B. City Attorney 1) Settlement Agreement in Bovee v. Idaho Falls, Case No. CV10-20-6062 On September 9, 2020, the City was added as a party to Bovee v. Copeland in a quiet title action to resolve a property ownership dispute. The City was added to the suit because the City recorded a Treasurer’s Tax Deed in November 1977 for delinquent LID payments. The attached Settlement resolves the City’s claim on the property by quitclaiming the City’s property interest to the last purchaser. In exchange the City will be released from the suit and the purchaser will indemnify the City from any further claims on the property. C. Idaho Falls Power 1) First Amendment and Credit Support Annex to the Shell Energy Master Confirmation Agreement The purpose of this amendment and credit support annex is to allow Idaho Falls Power to enter into longer term energy purchases and sales agreements that extend beyond one year in time. These agreements are standard in the energy industry to protect both buyers and sellers of commodity futures from potential counterparty credit risks and market price exposure risks. D. Municipal Services Page 2 of 7 City Council Meeting Minutes - Draft February 11, 2021 1) Treasurer’s Report for December 2020 A monthly Treasurer’s Report is required pursuant to Resolution 2018-06 for City Council review and approval. For the month-ending December 2020, total cash and investments total $123.1M. Total receipts received and reconciled to the general ledger were reported at $25.5M, which includes revenues of $12.8M and interdepartmental transfers of $12.7M. Total disbursements reconciled to the general ledger were reported at $34.1M, which includes salary and benefits of $5.5M, operating costs of $15.9M and interdepartmental transfers of $12.7M. During the month of December there was a $4M loan transfer from Idaho Falls Power to the Airport for the land acquisition. As reported in the attached investment report, the total investments reconciled to the general ledger were reported at $114M. 2) Quote, Software and License Renewal for Information Technology This purchase renews software and licenses for the city’s use of Artic Wolf software and professional services to monitor network traffic. The quote also includes access to the Artic Wolf managed risk platform to monitor network vulnerabilities. 3) Minutes from the January 25, 2021 Council Work Session; and January 28, 2021 Council Meeting and Executive Session 4) License Applications, all carrying the required approvals Councilor Hally recognized the presence of Bonneville County Commissioner Jon Walker. It was moved by Councilor Smede, seconded by Councilor Radford, to approve, accept, or receive all items on the Consent Agenda according to the recommendations presented. The motion carried by the following vote: Aye - Councilors Radford, Freeman, Smede, Francis, Dingman, Hally. Nay - none. 6. Regular Agenda. A. City Attorney 1) Resolution Related to COVID-19 Council Resolution 2020-29 and Resolution 2021-03 (recently amending Resolution 2020-29) stated Council’s support of the Governor’s and Eastern Idaho Public Health District’s directives, based upon then-current COVID-19 data and recommended actions designed to prevent or reduce COVID-19 spread. The Council wishes to clarify City policy related to those directives by the passage of a Resolution that supersedes both 2020-29 and Resolution 2021-03 and supports safe hygiene, mask wearing, and social distancing practices. Mr. Fife stated this item was discussed on February 9 following a decision to amend Resolution 2020-29 to Resolution 2021-03. He also stated, as a result of the discussion, the proposed draft resolution is a hybrid of several interests from the Council. Councilor Francis stated the Council passed resolution 2020-29 on November 24 in support of Governor Little’s Rebound Plan Stage 2 and EIPH’s Response Plan, however, within the previous two (2) weeks the Governor adjusted the Rebound Plan to Stage 3 and EIPH rescinded its order or restriction for Bonneville Page 3 of 7 City Council Meeting Minutes - Draft February 11, 2021 County. He also stated the resolution presented replaces 2020-29 and as amended 2021-03. He believes the resolution is necessary so the Council statement is consistent and supportive of the policies from the Governor and EIPH. Councilor Francis explained the public message included in the resolution. Councilor Hally stated the strong encouragement of wearing masks is related to the progress across the country which is looking more favorable. He noted an additional strain has been identified as being more contagious than the current strain; vaccines are expected to rapidly increase; and there is a good chance of stopping the mutation if mitigation strategies are followed. He continues to encourage mask wearing. Councilor Freeman believes Resolution 2021-03 is very good, although he believes this resolution is even better. Council President Dingman believes it’s important to clarify the resolution is a tool to express intent, there is no force of law. She believes there were challenges with Resolution 2020-29 regarding the enforcement mandate. She also believes this resolution has made the Council’s intention more clear by utilizing and recommending the mitigation strategies endorsed by EIPH. It was moved by Councilor Francis, seconded by Councilor Hally, to approve the Resolution related to State and Eastern Idaho Public Health District directives. The motion carried by the following vote: Aye - Hally, Smede, Dingman, Freeman, Francis, Radford. Nay - none. RESOLUTION 2021-04 A RESOLUTION OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, RELATED TO STATE AND HEALTH DISTRICT COVID-19 POLICIES, AND PROVIDING THAT THIS RESOLUTION BE EFFECTIVE UPON ITS PASSAGE. B. Public Works 1) Professional Services Agreement with Keller Associates, Inc. for the Well 12 Facility Rehabilitation Design project The purpose of this Agreement is to establish a contract with Keller Associates, Inc., to provide engineering design and construction phase support services for the Well 12 Facility Rehabilitation Design project. Councilor Freeman stated the total cost of the project is $151,000. He also stated the funds have been budgeted. Public Works Director Chris Fredericksen stated Well 12 produces approximately 4,000 gallons per minute, was constructed in 1972, and is in need of upgrades. He also stated tasks have been identified for efficiency. He indicated $25,000 of the cost is for potential additional services that may be identified. It was moved by Councilor Freeman, seconded by Councilor Radford, to approve the Professional Services Agreement with Keller Associates, Inc. and give the Mayor and Clerk authorization to execute the necessary documents. The motion carried by the following vote: Aye - Councilors Smede, Hally, Radford, Dingman, Freeman, Francis. Nay - none. C. Idaho Falls Power: Page 4 of 7 City Council Meeting Minutes - Draft February 11, 2021 1) IF21-18 Bid Award to Alan Clark Construction, LLC. for Idaho Falls Power Building Remodel Idaho Falls Power solicited bids from qualified contractors to remodel the IFP Administration Building per NBW Architect’s drawings and specifications. We received five bids with Alan Clark Construction, LLC. being the lowest responsive responsible bidder. The architect’s estimated cost for this project was $200,000. Idaho Falls Power Assistant Director Stephen Boorman stated this item is for the remodel for the main floor of the office. He also stated this is for a future project anticipated in future years. It was moved by Councilor Radford, seconded by Councilor Freeman, to approve this bid award to Alan Clark Construction, LLC. of Idaho Falls, Idaho for a not-to-exceed amount of $174,800.00 and give authorization for the Mayor and City Clerk to execute the necessary documents. The motion carried by the following vote: Councilors Dingman, Smede, Francis, Freeman, Hally, Radford. Nay - none. 2) IF21-05 Conduit Fiber Phase I Agreement with B. Jackson Construction Idaho Falls Power solicited bids from qualified contractors to provide conduit for buried electrical conductor replacement and fiber optic cable installation. We received three bids with B. Jackson Construction being the lowest responsive responsible bidder. The base bid with add-on alternatives is $1,426,060.65, plus a ten percent (10%) contingency of $142,606.07, plus a ten percent (10%) change order authority of $142,606.07 for installation of fiber based on this bid price for areas with existing fiber conduit, for a total authorization of $1,711,272.79. Mr. Boorman stated this is the third year for installation of conduit. He also stated this is in the area between Rollandet and Boulevard, North of Sunnyside. He indicated there will be approximately three (3) phases this year. Per Councilor Smede, Mr. Boorman stated IFP is on track with the fiber project as anticipated. Councilor Radford believes the use of conduit is improving the system to IFP which is benefiting both power and fiber. It was moved by Councilor Radford, seconded by Councilor Freeman, to approve this bid award to B. Jackson Construction of West Jordan, Utah for a total not-to-exceed amount of $1,711,272.79 and give authorization for the Mayor and City Clerk to execute the necessary documents. The motion carried by the following vote: Councilors Francis, Dingman, Freeman, Hally, Radford, Smede. Nay - none. D. Community Development Services 1) Public Hearing-Planned Unit Development (PUD) and Reasoned Statement of Relevant Criteria and Standards, Providence Point. Attached is the application for the PUD and Reasoned Statement of Relevant Criteria and Standards for Providence Point. The Planning and Zoning Commission considered this item at Page 5 of 7 City Council Meeting Minutes - Draft February 11, 2021 its October 20, 2020, meeting and recommended approval by a unanimous vote. Staff concurs with this recommendation. Council President Dingman opened the public hearing and ordered all items presented be entered into the record. She requested applicant presentation. Dean Mortimer appeared. Mr. Mortimer stated the development is for a 55+ community consisting of approximately 103 lots, and is adjacent to Providence Point Phase 1. He believes this is a good addition to the City and is a good opportunity for the community. Council President Dingman requested staff presentation. Director Cramer appeared and presented the following: Slide 1 - Property under consideration in current zoning Director Cramer stated this area is located at 49th South and 15th East, and is currently zoned R1 with R1 to the east and R3A to the west. Slide 2 - Aerial photo of the property under consideration Director Cramer stated the area is currently vacant, although there is single-family housing in the immediate area. Slide 3 - Additional aerial photo of the property under consideration Slide 4 - PUD site plan Director Cramer stated this development will be twin homes that will front a common open space and a club house, which is a unique feature. He also stated there is private alley access on the north and south with proper width for emergency vehicles and easements. He indicated adjustments will include 20’ side yards and smaller rear yards in exchange for perimeter landscape. He noted the development exceeds the requirements for common open space and meets all other requirements. Slides 5-7 - Elevations of buildings Director Cramer stated this includes a mix of attached and detached homes. Per Councilor Hally, Director Cramer stated connections will allow individuals to exit the area not just on 49th South, and any improvements to 49th South will be required per the development as the area grows. Per Councilor Radford, Director Cramer confirmed this area is adjacent to the former hatch pit, and the adjacent division has roadway connection. Per Councilor Radford, Mr. Mortimer stated Phase 1 has a direct connection from 49th South and connects to the public right-of-way and the potential City park area/City property. He indicated there will be a dedicated street into the City property from the south; there is current access to east; and plenty of access from potential development from the west and the north. He also indicated they are not anticipating a lot of movement from this project into the City park, although there is a 10’ greenspace on the very northern part of the subdivision that will be adjacent to the City property in the future, and it is anticipated there will be a walking path around the entire development. Mr. Fife clarified the age of the community cannot be considered by the Council, the Council must remain neutral and only consider the PUD. Page 6 of 7 City Council Meeting Minutes - Draft February 11, 2021 Councilor Francis questioned the slope in the Planning & Zoning hearing. Mr. Mortimer deferred to Kurt Rowland, Eagle Rock Engineering. Mr. Rowland stated he is unsure of the slope although he stated there is a 5-to-1 slope on lands/pond. Council President Dingman requested any public comment. No one appeared. Council President Dingman closed the public hearing. Councilor Radford believes walkable communities are fantastic, and he hopes to see more of them. He expressed his gratitude for the perseverance. Councilor Francis believes this PUD is creating more housing options. It was moved by Councilor Radford, seconded by Councilor Francis, to approve the Planned Unit Development for Providence Point as presented. The motion carried by the following vote: Aye - Councilors Smede, Hally, Dingman, Radford, Freeman, Francis. Nay - none. It was moved by Councilor Radford, seconded by Councilor Francis, to approve the Reasoned Statement of Relevant Criteria and Standards for the Planned Unit Development for Providence Point and give authorization for the Mayor to execute the necessary documents. The motion carried by the following vote: Aye - Councilors Hally, Francis, Radford, Dingman, Smede, Freeman. Nay - none. 7. Announcements. Council President Dingman acknowledged a terrible tragedy that occurred earlier in the week which resulted in a loss of life and has impacted many lives. She believes patience is required for the answers that so many are desperately seeking. There being no further business, the meeting adjourned at 8:06 p.m. ______________________________ ______________________________ CITY CLERK MAYOR Page 7 of 7  Memorandum File #: 21-025 City Council Meeting FROM: Bear Prairie, General Manager DATE: Tuesday, February 16, 2021 DEPARTMENT: Idaho Falls Power Subject IF21-17 Bid Award to Intermountain Electronics, Inc. for Idaho Falls Power Paine Substation Control Building Council Action Desired ☐ Ordinance ☐ Resolution ☐ Public Hearing ☒ Other Action (Approval, Authorization, Ratification, etc.) Approve this bid award to Intermountain Electronics, Inc. of Price, Utah for a not-to-exceed amount of $217,575.00 and give authorization for the Mayor and City Clerk to execute the necessary documents (or take other action deemed appropriate). Description, Background Information & Purpose Idaho Falls Power solicited bids from qualified contractors to provide a control building for the new Paine Substation. We received four bids and the lowest priced bidder was determined to be non-responsive by the City Attorney because they could not meet time requirements listed in the bid documents. Intermountain Electronics, Inc. was the lowest responsive, responsible bidder. The Engineer’s estimated cost was for $200,000. Alignment with City & Department Planning Objectives ..body City of Idaho Falls Page 1 of 2 Printed on 2/23/2021 powered by Legistar™ File #: 21-025 City Council Meeting ☐ ☐ ☒ ☐ ☐ ☐ ☐ ☐ ..body This action supports our readiness for managed, well-planned growth and development, ensuring that community infrastructure meets current and future needs. This action also supports the growth element of the IFP Strategic Plan. ..end Interdepartmental Coordination Municipal Services and Idaho Falls Power concur that this agreement is appropriate. Fiscal Impact This agreement is included in the Idaho Falls Power 2020/21 CIP budget. Legal Review Legal has reviewed this agreement. City of Idaho Falls Page 2 of 2 Printed on 2/23/2021 powered by Legistar™  Memorandum File #: 21-009 City Council Meeting FROM: Pam Alexander, Municipal Services Director DATE: Thursday, January 28, 2021 DEPARTMENT: Municipal Services Subject Resolution to Approve Inter-Departmental Loan Policy Council Action Desired ☐ Ordinance ☒ Resolution ☐ Public Hearing ☐ Other Action (Approval, Authorization, Ratification, etc.) Approve the resolution to memorialize the Inter-Department Loan Policy for the purpose of assisting City Departments in achieving long-term financial success and planning, and give authorization for the Mayor and City Clerk to execute the necessary documents, or take other action deemed appropriate. Description, Background Information & Purpose Resolution 2020-27 approved the Inter-Department Direct Loan Policy for the purposes of providing direct loans for the Idaho Falls Airport and Parks and Recreation Departments. This resolution only included direct loans and did not address the negative cash balance section of the policy. During the Monday, January 25, 2021 work session, the Finance Team reviewed language updates to the negative cash balance section of the policy, with an effective date of October 1, 2021. Alignment with City & Department Planning Objectives ☐ ☒ ☐ ☐ ☐ ☐ ☐ ☐ ..body City of Idaho Falls Page 1 of 2 Printed on 2/23/2021 powered by Legistar™ File #: 21-009 City Council Meeting The approval of the resolution supports the good governance community-oriented result by providing policy for the careful financial planning and management of City funds. ..end Interdepartmental Coordination Review of the policy have been conducted with all necessary city departments. Fiscal Impact Not applicable. Legal Review Legal has reviewed this language and concurs that the Council action desired is within State Statute and the inter-departmental loan resolution and policy. City of Idaho Falls Page 2 of 2 Printed on 2/23/2021 powered by Legistar™  RESOLUTION NO. 2021- A RESOLUTION OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, ADOPTING A REVISED POLICY RELATED TO CONSIDERATION OF CITY INTER- DEPARTMENTAL LOANS, INCLUDING SCOPE, PROCESS, TERMS, AND LIMITATIONS OF SUCH LOANS AND PROVIDING THAT THIS RESOLUTION BE EFFECTIVE UPON ITS PASSAGE. WHEREAS, there is a strong desire to assist City Departments in achieving long-term financial success; and WHEREAS, long-term financial success requires careful planning and forecasting; sound investment management; and careful attention to regulatory requirements, as well as commitment and discipline in order to assist City Departments with ever-changing economic conditions; and WHEREAS, in general, Idaho cities have very limited economic tools to increase financial resources with increase operational costs; and WHEREAS, Idaho cities must manage their finances within narrow statutory constraints, leaving little room for using the wider variety of financial management practices found in the private sector; and WHEREAS, direct loans are never intended to become part of a business as usual practice; and WHEREAS, the guidelines/parameters adopted by Resolution 2020-27 and this Resolution help ensure that caution is applied such that a direct interdepartmental loan will not be used to circumvent the regular City budgeting process or simply to achieve goals that may appear to be not politically feasible for a time. WHEREAS, this Council-approved policy includes a repayment process for City Departments that are reporting a cash deficit and/or Departments that may require a short-term loan of City funds in order to complete projects essential to City services. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF IDAHO FALLS, IDAHO, AS FOLLOWS: 1. The City Council hereby adopts the Consideration of Inter-departmental Loans Policy attached to this Resolution as Exhibit “A”. ADOPTED this day of , 2021. INTER-DEPARTMENTAL LOAN POLICY PAGE 1 OF 5 EFFECTIVE on the 1st day of October, 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, ADOPTING A REVISED POLICY RELATED TO CONSITERATION OF CITY INTER- DEPARTMENTAL LOANS, INCLUDING SCOPE, PROCESS, TERMS, AND LIMITATIONS OF SUCH LOANS AND PROVIDING THAT THIS RESOLUTION BE EFFECTIVE UPON ITS PASSAGE.” _______________________________ Kathy Hampton, City Clerk (SEAL) INTER-DEPARTMENTAL LOAN POLICY PAGE 2 OF 5  CONSIDERATION OF INTER-DEPARTMENTAL LOANS I. Policy Purpose These guidelines/parameters have been drafted to ensure that caution is applied such that a direct inter-Departmental loan will not be used to circumvent the regular City budgeting process or simply to achieve goals that may appear to be politically infeasible for a time. Direct loans are never intended to become part of a business-as-usual practice. In general, Idaho cities have very limited economic tools to increase financial resources with increased operational costs. Idaho cities must manage their finances within narrow statutory constraints, leaving little room for using the wider variety of financial management practices found in the private sector. II. Negative Cash Balances A negative cash balance occurs when a specific fund is reporting deficit cash at month-end. Short-term borrowing is defined as a not-to-exceed twelve (12) month period. A short-term loan will be charged a monthly investment rate as an interest charge. Negative cash balances exceeding twelve (12) months are considered long-term borrowing and should be transitioned into a long- term direct loan. A Council-approved repayment process (and possible fund restructuring) will be required by the loaning Department until the fund reports a positive cash balance. Departments with long-term negative cash balances will submit a repayment plan to the Council to eliminate the negative cash balance. The repayment plan must be submitted within a three (3) month period following the date that the fund has been determined by the Municipal Services Department to be in a negative long-term cash balance status. The City’s annual budget process will reflect a repayment plan, including interest. III. Direct Loans There is a strong desire to assist City Departments in achieving long-term financial success. This requires careful planning and forecasting; sound investment management; and careful attention to regulatory requirements, as well as commitment and discipline. The total not-to-exceed aggregate amount for a long-term loan is fifteen ( 15%) percent, reported at September 30, of available cash funds and no individual loan greater than seven and a half (7.5%) percent. All loans will be subject to a market-based interest rate. An interest rate analysis will occur annually to ensure that the loan is not adversely affecting the City’s investment portfolio. In the event there is a material change between loan and market rate, a refinancing will occur. IV. Loan Committee The City’s Municipal Services Finance Team recognizes that occasionally, out-of-the ordinary circumstances arise which require special consideration. Working together with the City Attorney, the Finance Team has developed a direct inter-departmental loan mechanism to assist Departments with financial needs that fall outside the normal scope of budgeting and planning. To aid in careful consideration before implementing this tool as a more permanent policy/practice, the Finance Team has developed the following guidelines which define the INTER-DEPARTMENTAL LOAN POLICY PAGE 3 OF 5 very limited use this particular funding mechanism. “Loan” Committee. The Loan Committee shall be comprised of the City’s Financial Team and one (1) Director from another Department than the Municipal Services Department. The review and recommendation process will be as follows: 1. The Loan Committee will review all loan considerations and apply Policy parameters before recommending approval of the requested loan 2. Compliance with lending authority 3. Legal review 4. Mayor and Council approval IV. Policy Parameters A. Narrow Scope. 1. A loan should be relate to a necessary, fundamental or “essential” City service. 2. A loan should help to achieve a specific policy goal that results in greater efficiency or an overall cost savings to the City. A loan may be applied to a circumstance requiring compliance with state or federal requirements. B. Loan Terms. 1. A loan should include realistic terms of repayment based upon sound business and financial practices and forecasts. “Realistic” applies both an achievable repayment amount and a practical repayment schedule. 2. Loan terms must include appropriate interest in scheduled payments. 3. The loan terms must be in writing. 4. Funds for loan repayment must be specifically identified. 5. Loan terms must be approved by the Department Director, the Loan Committee; the City Attorney; the Mayor; and the Council. This approval will provide a variety of internal controls designed to check for inappropriate application of political or other pressure. C. Limitations. 1. A loan cannot impair the loaning Department’s ability to proceed with its regular business and spending. 2. A loan should be applied to circumstances that include an element of expediency that precludes using the regular City budgetary process, legal, or regulatory restriction. 3. The borrowing Department should be encouraged to follow regular City budget processes whenever possible in order to avoid inter-departmental INTER-DEPARTMENTAL LOAN POLICY PAGE 4 OF 5  loan transactions. 4. A loan only should be sought after more traditional funding sources have been examined and exhausted. 5. A loan should not be used to fund projects that commit the City to ongoing costs or other financial obligations that are greater than current City financial obligations. INTER-DEPARTMENTAL LOAN POLICY PAGE 5 OF 5  Memorandum File #: 21-020 City Council Meeting FROM: Pam Alexander, Municipal Services Director DATE: Wednesday, February 10, 2021 DEPARTMENT: Municipal Services Subject Ordinance, Amend Idaho Falls City Code, Title 1, Chapter 9, Section 2, Bonding Requirements Council Action Desired ☒ Ordinance ☐ Resolution ☐ Public Hearing ☐ Other Action (Approval, Authorization, Ratification, etc.) Approve the ordinance amending Title 1, Chapter 9, Section 2 bonding requirements under a suspension of the rules requiring three complete and separate readings and request that it be read by title, reject the ordinance or take other action deemed appropriate. Description, Background Information & Purpose Idaho Code Section 50-204 requires the Clerk and Treasurer to be bonded before performing their duties for the City. A blanket bond is provided by the City’s liability provider, Idaho County Risk Management Program (ICRMP) for all officials, officers, and employees required to provide such a bond under Idaho Code 59- 408.This ordinance amendment reduces the number of City officers and employees required to be bonded in order to align City Code with current City practice and with current City liability coverage. Alignment with City & Department Planning Objectives ..body City of Idaho Falls Page 1 of 2 Printed on 2/23/2021 powered by Legistar™ File #: 21-020 City Council Meeting ☐ ☒ ☐ ☐ ☐ ☐ ☐ ☐ ..body The amendment to this ordinance supports the good governance community-oriented result by assuring regulatory and policy compliance to minimize and mitigate risk. ..end Interdepartmental Coordination The amended ordinance has been reviewed with all involved departments. Fiscal Impact There is no fiscal impact to the amended ordinance. Legal Review The ordinance was reviewed by Legal and concurs the action desired is within State of Idaho Statute. City of Idaho Falls Page 2 of 2 Printed on 2/23/2021 powered by Legistar™  ORDINANCE NO. AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO; PROVIDING FOR THE AMENDMENT OF TITLE 1, CHAPTER 9, SECTION 2 OF THE IDAHO FALLS CITY CODE TO CHANGE BONDING REQUIREMENTS FOR CITY PUBLIC OFFICIALS, OFFICERS, AND EMPLOYEES; AND PROVIDING SEVERABILITY, CODIFICATION, PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE. WHEREAS, Idaho Code Section 59-804 requires surety bonds, blanket surety bonds, or suitable crime insurance bonds of certain public officials and employees; and WHEREAS, such bonds may be individual bonds or blanket bonds; and WHEREAS, Idaho Code Section 50-204 requires that, before performing their duties for the City, the Clerk, Treasurer, and other City officials and employees, execute a penal bond in favor of the City; and WHEREAS, the City has historically required the posting of bonds for dozens of City employees; and WHEREAS, a blanket bond is provided by the City’s liability provider, Idaho County Risk Management Program (ICRMP) for all officials, officers, and employees required to provide such a bond under Idaho Code Section 59-408; and WHEREAS, only the Clerk and Treasurer are required by the Idaho Code to be bonded; and WHEREAS, reducing the number of City officers and employees required to be bonded aligns the City Code with current City practice and with current City liability coverage; and WHEREAS, Council deems it to be in the best interest of the City, its employees, and constituents to allow the liability coverage fees to be paid by the City in favor of the employees. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF IDAHO FALLS, IDAHO THAT: SECTION 1. Title 1, Chapter 9, Section 2 of the City Code of the City of Idaho Falls, Idaho, is hereby amended as follows: 1-9-2: BONDS: Before performing any duties of their respective offices, the following appointive officers shall furnish an official bond in the following amounts: Director of Municipal Services $5,000 Controller $5,000 Clerk $5,000five thousand dollars ($5,000) Ordinance – Title 1, Chapter 9, Section 2 Bonding Requirements Page 1 of 3  Treasurer $5,000five thousand dollars ($5,000) Deputy Treasurer $5,000 Purchasing Agent $1,000 Water Superintendent $2,000 City Engineer $1,000 Fire Chief $1,000 Street Superintendent $1,000 All officers and employees of the Police Department shall be covered by a blanket bond as follows: Chief of Police $2,000 All other officers or employees $1,000 All office employees in the Mayor and Clerk's office and all building inspectors shall becovered a blanket bond in the amount of five thousand dollars ($5,000). Such bonds shall be approved by the Mayor and Council and shall be filed with the Clerk, except the bond of the Clerk, which shall be filed with Mayor. The premiums on such bonds shall be paid by the City.The bond required for the Treasurer shall be approved by the Council and shall be filed with the Clerk. The bond required for the Clerk shall be approved by the Council and shall be filed with the Mayor. The public officials, officers, or employees of the City, who are required to provide a bond before entering upon the performance of their duties, shall, through the City's liability insurance coverage, be deemed to have coverage compliant with provisions of Idaho Code section 59-804 for the terms and responsibilities of such public officials, officers, or employees, to the extent required by the Idaho Code bonding requirements for public officials. The fee for the required bonds shall be paid by the City and shall be deemed by the Mayor and the Council to have been executed by such public officials, officers, and employees. SECTION 2. Savings and Severability Clause. The provisions and parts of this Ordinance are intended to be severable. If any section, sentence, clause, or phrase of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this Ordinance. SECTION 3. Codification Clause. The City Clerk is instructed to immediately forward this Ordinance to the codifier of the official municipal code for proper revision of the Code. SECTION 4. Publication. This Ordinance, or a summary thereof in compliance with Idaho Code, shall be published once in the official newspaper of the City, and shall take effect immediately upon its passage, approval, and publication. SECTION 5. Effective Date. This Ordinance shall be in full force and effect from and after its passage, approval, and publication. Ordinance – Title 1, Chapter 9, Section 2 Bonding Requirements Page 2 of 3 PASSED by the City Council and APPROVED by the Mayor of the City of Idaho Falls, Idaho, this day of , 2021. CITY OF IDAHO FALLS, IDAHO ATTEST: REBECCA L. NOAH CASPER, MAYOR KATHY HAMPTON, CITY CLERK (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 Ordinance entitled, “AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO; PROVIDING FOR THE AMENDMENT OF TITLE 1, CHAPTER 9, SECTION 2 OF THE IDAHO FALLS CITY CODE; AMENDING BOND REQUIREMENTS FOR CITY PUBLIC OFFICIALS, OFFICERS, AND EMPLOYEES; AND PROVIDING SEVERABILITY, CODIFICATION, PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE.” (SEAL) KATHY HAMPTON, CITY CLERK Ordinance – Title 1, Chapter 9, Section 2 Bonding Requirements Page 3 of 3  Memorandum File #: 21-028 City Council Meeting FROM: Pam Alexander, Municipal Services Director DATE: Thursday, February 18, 2021 DEPARTMENT: Municipal Services Subject Resolution to relinquish all Claims and Liens for Treasurer’s Tax Deed No. 0584870 Council Action Desired ☐ Ordinance ☒ Resolution ☐ Public Hearing ☐ Other Action (Approval, Authorization, Ratification, etc.) Approve the resolution to relinquish all claims and liens for Treasurer’s Tax Deed No. 0584870 and give authorization for the Mayor and City Clerk to execute the necessary documents or take other action deemed appropriate. Description, Background Information & Purpose Treasurer’s Tax Deed No. 0584870 was issued by the City Treasurer on November 18, 1977 and recorded as a local improvement district tax deed in the amount of $174.64 for property located at 366 Park Avenue, lots 7 and 8, Block 26, Railroad Addition. Mr. Crofts has paid the total outstanding balance of the Local Improvement tax lien filed by the City against the property. Alignment with City & Department Planning Objectives ☐ ☒ ☐ ☐ ☐ ☐ ☐ ☐ ..body City of Idaho Falls Page 1 of 2 Printed on 2/23/2021 powered by Legistar™ File #: 21-028 City Council Meeting Approval of this resolution supports the good governance community-oriented result by ensuring regulatory and policy compliance to minimize and mitigate risk. ..end Interdepartmental Coordination Review of the resolution have been conducted with all necessary city departments. Fiscal Impact There is no fiscal impact with the approval of this resolution. Legal Review Legal has reviewed and concurs the council action desired is within State Statute. City of Idaho Falls Page 2 of 2 Printed on 2/23/2021 powered by Legistar™  QUITCLAIM DEED THIS INDENTURE is made by and between CITY OF IDAHO FALLS, IDAHO, a municipal corporation of the State of Idaho, (“GRANTOR’), and Randy Crofts, whose mailing address is 366 Park Avenue, Idaho Falls, Idaho, 83402, (“GRANTEE”). WITNESSETH: That GRANTOR, for and in consideration of the payment of Bonneville County Treasurer’s Tax Deed No. 0584870 in the amount of one hundred seventy-four dollars and sixty- four cents ($174.64), lawful money of the United States of America and other good and valuable consideration to GRANTOR in hand paid by GRANTEE, the receipt of whereof is hereby acknowledged, does by these presents remise, release, and forever quitclaim unto GRANTEE and to GRANTEE’s heirs, successors, and assigns forever, all right, title, and interest now owned or hereafter acquired by GRANTOR in all the following described real estate in the County of Bonneville, State of Idaho, to wit: Lot 7 and 8, Block 26, Railroad Addition TOGETHER, with the tenements, hereditaments, and appurtenances thereunto belonging or in anywise appertaining, and any reversions, any remainders, and rents, issues, and profits therefrom. TO HAVE AND TO HOLD the said premises and the appurtenances unto GRANTEE, and to GRANTEE’s heirs, successors, and assigns forever. In construing this Quitclaim Deed and where the context so required, the singular includes the plural. IN WITNESS WHEREOF, GRANTOR has executed the within instrument on the date set forth below. ATTEST: CITY OF IDAHO FALLS, IDAHO _________________________ ___________________________________ Kathy Hampton, City Clerk Rebecca L. Noah Casper, PhD., Mayor (SEAL) STATE OF IDAHO ) ) ss. County of Bonneville ) On this _________day of ______________________, 2021, before me, the undersigned, a notary public for Idaho, personally appeared Rebecca L. Noah Casper, known to me to be the Mayor of the City of Idaho Falls, Idaho, the municipal corporation that executed the foregoing document, and acknowledged to me that she is authorized to execute the same for and on behalf of said City. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ___________________________________ Notary Public of Idaho Residing at: ________________________ My Commission Expires:______________ (Seal)  RESOLUTION NO. 2021 A RESOLUTION OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, RELINQUISHING ALL CLAIMS AND LIENS UPON THE LOCAL IMPROVEMENT DISTRICT PROPERTY DESCRIBED IN THIS RESOLUTION; AND PROVIDING THAT THIS RESOLUTION BE EFFECTIVE UPON ITS PASSAGE. WHEREAS, pursuant to the provisions of Chapter 17, Title 50, Idaho Code, and by deed of the City Treasurer, dated the 18th day of November, 1977, and recorded as Instrument No. 0584870 in the records of Bonneville County, Idaho, the City acquired through the local Improvement District legal process (Idaho Code Title 50, Chapter 17), a legal interest in the title to and possession of the following-described real property, to-wit: Lots 7 and 8, Block 26, Railroad Addition. WHEREAS, Randy Crofts has paid to the City, the amount for which such property interest was acquired, together with all the installments of assessments subsequent to the one for which said real property interest was acquired due, together with penalties and interest thereof; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF IDAHO FALLS, IDAHO, AS FOLLOWS: That the Mayor and City Clerk are hereby authorized and directed, to execute and deliver to Randy Crofts, a Quitclaim Deed to the property described herein above, pursuant to the provisions of Section 50-1751, Idaho Code, relinquishing all City claims to and liens upon such property. ADOPTED and effective this ______ day of ______________, 2021 ATTEST: CITY OF IDAHO FALLS, IDAHO _________________________ ___________________________________ Kathy Hampton, City Clerk Rebecca L. Noah Casper, PhD., Mayor (SEAL)  Memorandum File #: 21-021 City Council Meeting FROM: Chris H Fredericksen, Public Works Director DATE: Tuesday, February 16, 2021 DEPARTMENT: Public Works Subject Development Agreement for Southeast Townhomes Division No. 1, within the City of Ammon Council Action Desired ☐ Ordinance ☐ Resolution ☐ Public Hearing ☒ Other Action (Approval, Authorization, Ratification, etc.) Approval of Southeast Townhomes Division No. 1 Development Agreement; and, authorization for Mayor and City Clerk to sign the documents or take other action deemed appropriate. Description, Background Information & Purpose Southeast Townhomes, Division No. 1 is a development within the City of Ammon immediately adjacent to Hitt Road (25th East) south of Sunnyside Road. This Development Agreement identifies developer responsibilities including the design and construction of road improvements for Hitt Road (25 th East). Specific requirements are covered within the Special Conditions included within Exhibit B of the agreement. Alignment with City & Department Planning Objectives ☐ ☐ ☒ ☐ ☐ ☐ ☐ ☒ ..body This Development Agreement supports the community-oriented results of well-planned growth and development and reliable public infrastructure and transportation by ensuring that new development participates financially in expanding needed infrastructure. ..end City of Idaho Falls Page 1 of 3 Printed on 2/23/2021 powered by Legistar™ File #: 21-021 City Council Meeting Interdepartmental Coordination Reviews will be conducted with all necessary city departments to ensure coordination of proposed roadway improvements. Fiscal Impact This agreement identifies needed improvements to be undertaken by the developer. However, the overall development of Hitt Road (25th East) will require financial contribution by the city as per city ordinance. Sufficient funding and spending authority exists within the Bridge and Arterial Street Fund for these expenditures. Legal Review The agreement was prepared by the Legal Department. City of Idaho Falls Page 2 of 3 Printed on 2/23/2021 powered by Legistar™  Memorandum File #: 21-022 City Council Meeting FROM: Chris H Fredericksen, Public Works Director DATE: Tuesday, February 16, 2021 DEPARTMENT: Public Works Subject Easement Vacation - Lots 8-13, Block 1, Division 2 of Chaffin Addition Council Action Desired ☒ Ordinance ☐ Resolution ☐ Public Hearing ☐ Other Action (Approval, Authorization, Ratification, etc.) Approve the Easement Vacation Ordinance under a suspension of the rules requiring three complete and separate readings and request that it be read by title (or consider the ordinance on the first reading, reject the ordinance, or take other action deemed appropriate). Description, Background Information & Purpose Attached for consideration is an ordinance for easement vacations covering Lots 8-13, Block 1, Division 2 of the Chaffin Addition for the purpose of better facilitating development of the property. Alignment with City & Department Planning Objectives ☒ ☐ ☐ ☐ ☐ ☐ ☐ ☒ ..body These easement vacations support the community-oriented result of economic growth and vibrancy by allowing property owners to make better use of their property. ..end Interdepartmental Coordination City of Idaho Falls Page 1 of 2 Printed on 2/23/2021 powered by Legistar™ File #: 21-022 City Council Meeting Other appropriate departments have reviewed and approved the easement vacation. Fiscal Impact N/A Legal Review The vacation ordinance was prepared by the Legal Department. 2021-12 City of Idaho Falls Page 2 of 2 Printed on 2/23/2021 powered by Legistar™  Memorandum File #: 21-023 City Council Meeting FROM: Chris H Fredericksen, Public Works Director DATE: Tuesday, February 16, 2021 DEPARTMENT: Public Works Subject 17th Street and Woodruff Avenue Intersection Improvement Right-of-Way Agreement. Council Action Desired ☐ Ordinance ☐ Resolution ☐ Public Hearing ☒ Other Action (Approval, Authorization, Ratification, etc.) Approval of the 17th Street and Woodruff Avenue Intersection Improvement Right-of-Way Agreement; and, authorization for the Mayor and City Clerk to sign the document or take other action as deemed appropriate. Description, Background Information & Purpose Please find attached for execution a right-of-way agreement with the Roman Catholic Diocese of Boise for the sale of property to accommodate improvements to the 17th Street and Woodruff Avenue Intersection project. The purchase value was negotiated and involves Parcel 16 for $279,411.00. ..end Alignment with City & Department Planning Objectives ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☒ ..body This right-of-way purchase supports the community-oriented result of reliable public infrastructure and transportation by allowing for capacity and safety improvements at the intersection of 17th Street and Woodruff Avenue. ..end City of Idaho Falls Page 1 of 3 Printed on 2/23/2021 powered by Legistar™ File #: 21-023 City Council Meeting Interdepartmental Coordination Other appropriate departments have reviewed project plans and this agreement. Fiscal Impact The 17th Street and Woodruff Avenue intersection improvement project is federally funded. Right-of-way funds have been programmed to address necessary land acquisition to construct the project. The city will receive reimbursement at 92.66% of the cost of right-of-way acquisition. Sufficient funding and spending authority exist to acquire necessary right-of-way. Legal Review The agreement was prepared by the Legal Department. City of Idaho Falls Page 2 of 3 Printed on 2/23/2021 powered by Legistar™  Memorandum File #: 21-024 City Council Meeting FROM: Chris H Fredericksen, Public Works Director DATE: Wednesday, February 17, 2021 DEPARTMENT: Public Works Subject Resolution - Condemnation of Properties for the 17th Street and Woodruff Avenue Intersection Improvement Project Council Action Desired ☐ Ordinance ☒ Resolution ☐ Public Hearing ☐ Other Action (Approval, Authorization, Ratification, etc.) Approval of the resolution and authorization for Mayor and City Clerk to sign the document or take other action deemed appropriate. Description, Background Information & Purpose The 17th Street and Woodruff Avenue intersection improvement project has been programmed and includes design and construction funds to address capacity and safety issues at this major intersection. Proposed improvements to add turn lanes require that additional right-of-way be purchased to construct the project. With the support of the City Council, Public Works staff have negotiated with the property owner and made fair-market offers to purchase needed right-of-way, but have been unable to reach agreement for the parcels included within the resolution. Therefore, it is recommended that the city exercise its eminent domain authority to acquire necessary right-of-way to complete the proposed intersection improvements. Alignment with City & Department Planning Objectives ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☒ ..body This resolution supports the community-oriented result of reliable public infrastructure and transportation by ..end City of Idaho Falls Page 1 of 3 Printed on 2/23/2021 powered by Legistar™ File #: 21-024 City Council Meeting allowing for capacity and safety improvement at the intersection of 17th Street and Woodruff Avenue. ..end Interdepartmental Coordination Other appropriate departments have reviewed project plans for this intersection improvement project. Fiscal Impact The 17th Street and Woodruff Avenue intersection improvement project is federally funded. Right-of-way funds have been programmed to address necessary land acquisition to construct the project. The city will receive reimbursement at 92.66% of the cost of right-of-way acquisition. Sufficient funding and spending authority exist to acquire necessary right-of-way. Legal Review The resolution was prepared by the Legal Department. City of Idaho Falls Page 2 of 3 Printed on 2/23/2021 powered by Legistar™  RESOLUTION NO. 2021- A RESOLUTION OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, ORDERING THE CONDEMNATION OF PROPERTY FOR A FUNDED AND APPROVED PUBLIC RIGHT OF WAY PROJECT; AND PROVIDING THAT THIS RESOLUTION BE EFFECTIVE UPON ITS PASSAGE, APPROVAL, AND PUBLICATION ACCORDING TO LAW. WHEREAS, eight (8) years ago the City of Idaho Falls initiated planning and applications to receive federal funding for the expansion of the intersection of East 17th Street and South Woodruff Avenue, located within the City of Idaho Falls, Bonneville County, State of Idaho (“Project”); and WHEREAS, both the United States Federal Highway Administration (FHWA) and the Idaho Transportation Department have identified the Project as a public need; and WHEREAS, both the State of Idaho and the FHWA have approved and provided federal funds to assist the City to construct the Project; and WHEREAS, the Project will better serve the traveling public as the City continues to grow, and WHEREAS, the Project will increase the traffic capacity and improve the safety of the intersection; and WHEREAS, the City initiated the design of the Project in 2016; and, WHEREAS, the environmental and preliminary design process for the Project has been completed; and WHEREAS, the Idaho Transportation Department has authorized right-of-way acquisition for the project; and WHEREAS, the City has been able to acquire all real properties, except two (2) parcels, that are necessary to complete the Project, through a fair-market offer, negotiation, and sale; and WHEREAS, Parcels 5A (Right-of-Way) and 5E (Permanent Easement) of the 17th Street and Woodruff Avenue Right of Way Plat, attached hereto as Exhibit “A” are both currently part of Lot 7, Block 4 Fairmont Park Addition, Division No. 1, Record No. 263051 of Bonneville County, Idaho (RPA0800004007O). WHEREAS, Parcels 3A (Right-of-Way) and 3E (Permanent Easement) of the 17th Street and Woodruff Avenue Right of Way Plat, attached hereto as Exhibit “A” are both currently part of Lot RESOLUTION – ORDERING THE CONDEMNATION OF PROPERTY FOR A PAGE 1 OF 2 FUNDED AND APPROVED PUBLIC RIGHT OF WAY PROJECT 1, Block 4 Fairmont Park Addition, Division No. 1, Record No. 263051 of Bonneville County, Idaho (RPA0800004001O). WHEREAS, the City has made fair-market offers, supported by appraisals conducted by a licensed real property appraiser, for Parcels 3A, 3E, 5A, 5E, as described in Exhibit “A” attached hereto; and WHEREAS, the City has been unable to enter into a negotiation for an agreement to the purchase of the real property of Parcels 3A, 3E, 5A, 5E, as described in Exhibit “A;” and WHEREAS, the real property described in Exhibit “A” is necessary to complete the Project; and WHEREAS, the City has eminent domain authority to acquire real property for public purposes. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF IDAHO FALLS, IDAHO, AS FOLLOWS: 1. That the City exercise its Eminent Domain authority to condemn Parcels 3A, 3E, 5A, 5E, as described in Exhibit “A.” This Resolution shall be in full force and effect from and after its passage by the Council. ADOPTED and effective this ________ day of February, 2021. CITY OF IDAHO FALLS, IDAHO Rebecca L. Noah Casper, Mayor ATTEST: Kathy Hampton, City Clerk RESOLUTION – ORDERING THE CONDEMNATION OF PROPERTY FOR A PAGE 2 OF 2 FUNDED AND APPROVED PUBLIC RIGHT OF WAY PROJECT  Exhibit “A RESOLUTION – ORDERING THE CONDEMNATION OF PROPERTY FOR A Exhibit “A” FUNDED AND APPROVED PUBLIC RIGHT OF WAY PROJECT