City Council

680 Park Avenue City Council Meeting Idaho Falls, ID 83402 Minutes - Final Wednesday, November 10, 2021 7:30 PM City Council Chambers 1. Call to Order. Present: Mayor Rebecca L Noah Casper, Councilor John Radford, Councilor Thomas Hally, Councilor Jim Freeman, Councilor Jim Francis, and Councilor Lisa Burtenshaw Absent: Council President Michelle Ziel-Dingman 2. Pledge of Allegiance. Mayor Casper requested Councilor Freeman to lead those present in the Pledge of Allegiance. 3. Public Comment. Mayor Casper requested any public comment not related to items currently listed on the agenda or not related to a pending matter. Kris Burnham, Idaho Falls resident, appeared. Ms. Burnham thanked the Council for their work and service for the city. She believes that it’s becoming obvious that not enough people may have been aware that South Capital Park was one of the proposed locations for the water tower. She also believes there’s a lot of objections being raised about this location. Ms. Burnham stated she’s perplexed why the city is continuing down this path when it’s clear that it’s the wrong path. She believes some of the other options seemed to have been dismissed early on for various reasons. Ms. Burnham stated she’s also hearing there are other viable sites/options that were never on the table and she questioned why they have not been explored. She also stated she hates the idea to settle for a terrible choice just because not all options have been looked at and that a decision was made without the benefit of enough information, or enough diligence, or enough time, and now that decision will stand because the city doesn’t want to admit that they could’ve done better. Ms. Burnham stated if those other locations were rejected due to costs or not taking the time to look at alternatives or mistakes were made, now is the time to correct and rethink as it isn’t too late. She also stated going down the wrong path further doesn’t make it become the right path and if more costs are incurred because of a change of course, then so be it. She questioned those costs in a hundred-year timeframe rather than an election-cycle timeframe. She requested to not get stuck with a bad choice for 100 years without being absolutely certain that it’s the best possible choice. Jonathan Gallup appeared. Mr. Gallup stated he was born and raised in Idaho Falls, has loved and enjoyed the greenbelt growing up, and has loved seeing the development over the years and along the river. He also stated he has seen the effort to give the river more green space and more buffer. He believes this is evident how important South Capital Park is that gives more breathing to the river. He also believes that green space is important for a lot of reasons, it’s accessible for those working downtown and the neighborhood across the street, and it would be devastating to make a long-term decision that would have a big impact on that green space. Mr. Gallup indicated he is also a member of the Rotary Club. He stated it was amazing to see the recent donation for Heritage Park for new green space at the river, while realizing that is not as accessible to the local residents. He urged the Council to reconsider the location for the water tower. Melissa Ball, Idaho Falls resident, appeared. Ms. Ball believes what matters personally is looking at this (park) space 40+ years ago. She stated she is so pleased with the effort that has been made around that river, and that is why the city was named City of Idaho Falls as the city wants to showcase the river. She questioned a 14-story structure in one of the oldest parks. She stated Page 1 of 6 City Council Meeting Minutes - Final November 10, 2021 this baffles her and she is curious to understand more. Ms. Ball offered any personal help for a new location. She stated she is not opposed to getting more involved if she could be of assistance. Following a brief explanation by Mayor Casper, it was moved by Councilor Hally, seconded by Councilor Francis, that the ordinance revising and standardizing Title 2 of the City Code as agenda item 5.D.2) be removed because it is not ready to go and legal has more work, and that the Council will continue discussing this on November 23. The motion carried by the following vote: Aye - Councilor Francis, Freeman, Hally, Radford, Burtenshaw. Nay - none. 4. Consent Agenda. A. Municipal Services 1) Bid IF-22-A, Purchase Replacement Street Sweeper for Public Works This purchase includes a trade-in value of $30,000 for unit #1527, a 2010 Elgin Pelican Sweeper that has reached it useful life and is scheduled for replacement. 2) Bid IF-22-D, Purchase New Vactor Vacuum Stock Unit for Public Works This purchase is an approved budgeted addition to the Water Department equipment fleet for fiscal year 2021/22. 3) Bid IF-22-E, Purchase Replacement Vactor Truck for Public Works This purchase includes a trade-in value of $40,000 for unit #1176, a 2013 International 7500 that has reached its useful life and is scheduled for replacement. 4) Minutes from Council Meetings October 25, 2021 City Council Work Session and October 28, 2021 City Council Meeting. 5) License Applications, all carrying the required approvals Recommended Action: It was moved by Councilor Burtenshaw, seconded by Councilor Francis, to approve all items on the Consent Agenda according to the recommendations presented. The motion carried by the following vote: Aye - Councilors Francis, Freeman, Hally, Radford, Burtenshaw. Nay - none. 5. Regular Agenda. A. Public Works 1) Right-of-Way Vacation - Township Road Church Addition, Division No. 2, Instrument No. 1362696 A sight-triangle chamfer was dedicated for public use as part of the Township Road Church Addition within Division 2 referred to as Instrument No. 1362696. The alignment for Providence Point Drive has shifted further to the east eliminating the need for the right-of-way chamfer. Staff has concluded there is no need to retain the right-of-way in question. Page 2 of 6 City Council Meeting Minutes - Final November 10, 2021 Public Works Director Chris Fredericksen appeared. He noted the underlying easements would not be intended for vacation. It was moved by Councilor Freeman, seconded by Councilor Radford, to approve the right-of-way vacation ordinance under a suspension of the rules requiring three complete and separate readings and request that it be read by title and published by summary. The motion carried by the following vote: Aye - Councilors Burtenshaw, Hally, Radford, Freeman, Francis. Nay - none. At the request of Mayor Casper, the City Clerk read the ordinance by title only: ORDINANCE NO. 3424 AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO; PROVIDING FOR THE VACATION OF A RIGHT OF WAY LOCATED WITHIN THE CITY OF IDAHO FALLS AND LEGALLY DESCRIBED IN SECTION 1 OF THIS ORDINANCE; PROVIDING THAT TITLE TO SAID VACATED RIGHT OF WAY SHALL VEST AS SPECIFIED IN SECTION 3 OF THIS ORDINANCE; PROVIDING THAT THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT FROM AND AFTER PASSAGE, APPROVAL, AND PUBLICATION ACCORDING TO LAW. 2) Easement Vacation - Parkwood Addition, Division 4, Lot 4, Block 2, Instrument No. 1362696 The property owners have requested that the underground utility easement residing within Parkwood Addition, Division 4, Lot 4, Block 2 and referred to as Instrument No. 1005885 be vacated to make better use of the property. Staff has concluded that the existing easement is no longer needed. Director Fredericksen noted the instrument number listed in the subject line submitted is incorrect. It was moved by Councilor Freeman, seconded by Councilor Radford, to 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 and published by summary. The motion carried by the following vote: Aye - Councilors Hally, Francis, Radford, Burtenshaw, Freeman. Nay - none. At the request of Mayor Casper, the City Clerk read the ordinance by title only: ORDINANCE NO. 3425 AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO; PROVIDING FOR THE VACATIONS OF EASEMENTS LOCATED WITHIN THE CITY OF IDAHO FALLS AND LEGALLY DESCRIBED IN SECTION 1 OF THIS ORDINANCE; PROVIDING THAT TITLE TO SAID VACATED EASEMENTS SHALL VEST AS SPECIFIED IN SECTION 3 OF THIS ORDINANCE; PROVIDING THAT THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT FROM AND AFTER PASSAGE, APPROVAL, AND PUBLICATION ACCORDING TO LAW. 3) Resolution to Adopt a Revised Snow and Ice Control Policies and Procedures Manual Attached is a proposed resolution to amend the City of Idaho Falls Snow and Ice Control Policies and Procedures Manual as discussed at the August 23, 2021 Council Work Session. The policy has been updated to reflect current snow removal practices and to account for newly annexed streets. Four streets are proposed for changing plowing practices and include Nevada Avenue, Seattle Street, Technology Drive and Freeman Avenue. If approved, these streets would be plowed to the outside Page 3 of 6 City Council Meeting Minutes - Final November 10, 2021 rather than plowed to the center of the roadway. A map is attached that highlight these changes. Director Fredericksen indicated the county will plow 33rd North and the city would pick up plowing associated with Pioneer Road and Pioneer Drive. He noted more than four (4) miles of roadway and eight (8) new cul-de-sacs have been added to the city this year. Per Councilor Francis, Director Fredericksen confirmed the city traded Pioneer Road with the county. Per Councilor Burtenshaw, Director Fredericksen confirmed plowing will occur from MK Simpson to Sage Lakes. Per Mayor Casper, Director Fredericksen stated the majority of these routes are more commercial. He noted it's the Street Division’s practice to notify owners in advance of snow removal activities. Councilor Freeman clarified the resolution being signed is slightly different than the resolution that was included in the packet. He noted ‘revises’ is being changed to ‘adopts’. It was moved by Councilor Freeman, seconded by Councilor Radford, to adopt the resolution to revise the City of Idaho Falls Snow and Ice Control Policies and Procedures Manual which has been updated to reflect current snow removal practices and give authorization for the Mayor and City Clerk to execute the documents. The motion carried by the following vote: Aye - Councilors Freeman, Radford, Burtenshaw, Francis, Hally. Nay - none. RESOLUTION NO. 2021-33 A RESOLUTION OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, REVISING A UNIFORM SNOW AND ICE CONTROL POLICIES AND PROCEDURES MANUAL AND PROVIDING THAT THIS RESOLUTION BE EFFECTIVE UPON ITS PASSAGE, APPROVAL, AND PUBLICATION ACCORDING TO LAW. B. Idaho Falls Power 1) IFP 21-38, Additional Spending Request for Fiber Optic Cable Installation Services City Council approved Wheeler Electric, Inc.’s original contract to provide the fiber connection and optical network transmitter installation inside customers’ homes for an amount of $456,000.00 on September 23, 2021. Due to the popularity and high demand for fiber, additional budget authority is required. IFF requests additional spending authority on Wheeler’s original contract and pricing for $600,000.00. Idaho Falls Power (IFP) Director Bear Prairie appeared. He noted all three (3) IFP items are related to the fiber installation to homes project. He stated the first item is to install the transmitter and wiring into the home, the second item is the backbone for fiber aerial installation, and the third item is for underground installation. He noted half of the electric system is overhead and half is underground. Per Mayor Casper, Director Prairie stated the contracts were funded from the previous fiscal year where money was allocated and budgeted. Per Councilor Francis, Director Prairie stated aerial work can be performed during the winter months, underground may continue for another month with moderate frost, and in-home installation can continue through the winter months. It was moved by Councilor Freeman, seconded by Councilor Radford, to give authorization for Idaho Falls Fiber for additional spending authority on Wheeler Electric, Inc.’s original contract for a not-to-exceed amount of $600,000.00. The motion carried by the following vote: Aye - Councilors Hally, Radford, Francis, Burtenshaw, Freeman. Nay - none. Page 4 of 6 City Council Meeting Minutes - Final November 10, 2021 2) IF 20-06, Additional Spending Request for Overhead Fiber Project City Council approved B. Jackson Construction, Inc.’s original contract to provide overhead fiber optic cable services for an amount of $1,000,000.00 on January 9, 2020. Due to the scale of the project and miles of overhead lines that need to have fiber optic cable strung, additional, ongoing work is required for this four-year project. In the 2020 aerial construction bid, B. Jackson Construction, Inc. was the only qualified and responsive, responsible bidder. IFF staff is not aware of other interested parties in performing this work due to the highly technical and unique nature of the required work. B. Jackson is currently willing to continue to work under the original contracts pricing and terms. IFF staff believes it is the best interests of the customers and the fiber network to request additional spending under the terms of the existing contract, for $1,000,000.00. It was moved by Councilor Radford, seconded by Councilor Freeman, that Idaho Falls Fiber receives authorization for additional spending authority on B. Jackson Construction, Inc.’s original contract for a not-to-exceed amount of $1,000,000.00. The motion carried by the following vote: Aye - Councilors Francis, Freeman, Hally, Radford, Burtenshaw. Nay - none. 3) IF 21-37, Additional Spending Request for Fiber Microduct Deep-Drop Installation Services City Council approved B. Jackson Construction, Inc.’s contract to provide deep-drop microduct installation services for an amount of $140,593.00 on June 24, 2021. Due to the high demand for fiber in areas requiring conduit installation from the fiber backbone to their individual home, additional spending authority is required. To continue to meet the connection requests by customers in these areas, IFF is requesting additional spending authority on B. Jackson’s original contract and pricing terms for $600,000.00. It was moved by Councilor Radford, seconded by Councilor Freeman, that Idaho Falls Fiber requests authorization for additional spending authority on B. Jackson Construction, Inc.’s deep drop installation contract for a not-to-exceed amount of $600,000.00. The motion carried by the following vote: Aye - Councilors Freeman, Francis, Hally, Radford, Burtenshaw. Nay - none. C. Community Development Services 1) Final Plat and Reasoned Statement of Relevant Criteria and Standards, Providence Point Division 1, 1st Amended. Attached is the application for the Final Plat and Reasoned Statement of Relevant Criteria and Standards for Providence Point Division 1, 1st Amended. The Planning and Zoning Commission considered this item at its August 3, 2021, meeting and recommended approval by unanimous vote. Staff concurs with this recommendation. Councilor Francis noted there was an adjustment in the street to mesh with an island with the church. It was moved by Councilor Radford, seconded by Councilor Francis, to accept the Final Plat for Providence Point Division 1, 1st Amended and give authorization for the Mayor, City Engineer, and City Clerk to sign said Final Plat. The motion carried by the following vote: Aye - Councilors Radford, Francis, Burtenshaw, Hally, Freeman. Nay - none. Page 5 of 6 City Council Meeting Minutes - Final November 10, 2021 It was moved by Councilor Radford, seconded by Councilor Francis, to approve the Reasoned Statement of Relevant Criteria and Standards for the Final Plat for Providence Point Division 1, 1st Amended and give authorization for the Mayor to execute the necessary documents. The motion carried by the following vote: Aye - Councilors Radford, Freeman, Burtenshaw, Francis, Hally. Nay - none. D. City Attorney 1) Opioid Settlement Intrastate Allocation Agreement The State of Idaho, through its Attorney General, is recommending settlement of Idaho claims brought against parties variously responsible for manufacture, sale, promotion, distribution, and/or utilization of pharmaceutical opioids which resulted in the opioid crisis and its unnecessary costs to governmental entities. In order to secure its proportional share of the negotiated settlement amount, the City needs to deliver to the AG’s office an executed sign-on form (the Intrastate Allocation Agreement) before December 3, 2021. Councilor Hally stated the settlements go to the State for a guaranteed amount of money. He noted the option not to sign with the lawsuit may go on for years. Mayor Casper noted the money must be spent in ways directly related to opioid abuse and prevention. It was moved by Councilor Hally, seconded by Councilor Radford, to authorize the Mayor to sign and deliver to the Idaho Attorney General’s office the Agreement/sign-on form before December 3, 2021. The motion carried by the following vote: Aye - Councilors Hally, Burtenshaw, Freeman, Francis, Radford. Nay - none. 2) Ordinance Revising and Standardizing Title 2 of City Code City Code Title 2 establishes and regulates various City boards, commissions, and advisory committees. The proposed Ordinance is intended to standardize the structure and functions of the various boards, commissions, and committees while maintaining particularized language where it serves a practical or legal purpose. The proposed Ordinance also retires several groups no longer essential to City functions. This item was removed from the agenda. 6. Announcements. Mayor Casper announced Veterans Day on November; American Legion breakfast on November 13; the Association of Idaho Cities (AIC) Fall Academy on November 15; Bonneville Metropolitan Planning Organization (BMPO) Policy Board on November 17; pancake breakfast at the Senior Center on November 20; Council Work Session on November 22; and City Council Meeting on November 23. 7. Adjournment. There being no further business, the meeting adjourned at 8:15 p.m. s/ Kathy Hampton ________________________________________ s/ Rebecca L. Noah Casper ___________________________________________ Kathy Hampton, City Clerk Rebecca L. Noah Casper, Mayor Page 6 of 6