City Council

680 Park Avenue City Council Meeting Idaho Falls, ID 83402 Minutes - Final Thursday, December 16, 2021 7:30 PM City Council Chambers 1. Call to Order. Present: Mayor Rebecca L Noah Casper, Council President Michelle Ziel-Dingman, Councilor John Radford, Councilor Thomas Hally, Councilor Jim Freeman, Councilor Jim Francis, and Councilor Lisa Burtenshaw Also present: All available Department Directors Michael Kirkham, Assistant City Attorney Kathy Hampton, City Clerk 2. Pledge of Allegiance. Mayor Casper requested Clark Kirkham, son of Mr. Kirkham, 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. Linda Calder, Idaho Falls resident, appeared. Ms. Calder stated she prefers to keep the park by the river and not have a water tower there. Ms. Calder also stated she received a code violation. She indicated her neighborhood is transitioning as not a lot of people there have a lot of money. She stated her son was working in Utah and his trailer was rear-ended while on his way back to Idaho Falls. She explained that the trailer was pulled into the front yard of an adjacent vacant property for approximately five (5) days and then the trailer was moved. She indicated she received a notice of charges the for first day, for the second day, and for every day after that that the trailer was there. Ms. Calder stated the trailer was wrecked although it was able to be moved, however, it could have been extremely difficult to move due to work and health issues. She indicated she was told that she lives in a little neighborhood which is close to downtown. She also indicated she had a conversation with a code enforcement officer who was sitting in front of her house. Ms. Calder mentioned another trailer on Short Street to this code enforcement officer and was told the police have knocked on the trailer but they can’t do anything if they can’t catch the individual living there. Ms. Calder stated she doesn’t want this individual living in the trailer. She reiterated her issues with her son’s trailer and receiving the violation. She believes this is very unfair, and she doesn’t know of anyone who would like to have this daily charge. She wants to know what she can do about this issue. 4. Consent Agenda. A. Mayor's Office 1) Appointments to City Boards, Commissions, and Committees-Community Development Services Attached please find communication from Community Development Services Director, Brad Cramer, regarding the citizen volunteers I am appointing/reappointing to serve on the following City of Idaho Falls Boards, Commissions, and Committees: Page 1 of 7 City Council Meeting Minutes - Final December 16, 2021 Name Board, Commission, Committee Term Expires Status Kirk Larsen Idaho Falls Redevelopment Agency 12/31/26 Re-appoint Brent Thompson Idaho Falls Redevelopment Agency 12/31/26 Re-appoint Christopher Harvey Idaho Falls Redevelopment Agency 12/31/26 Re-appoint Margaret Wimborne Planning and Zoning Commission 12/31/27 Re-appoint George Morrison Planning and Zoning Commission 12/31/27 Re-appoint Kim Smith Historic Preservation Commission 12/31/24 Re-appoint Nathan Kennedy Historic Preservation Commission 12/31/26 Re-appoint The applicants have been recommended by Director Cramer. They have provided excellent volunteer service to our community, and I am pleased they are willing to continue. It gives me great pleasure to recommend them for reappointment. I am confident these individuals meet the criteria set forth in City Code. I anticipate each will continue to make positive contributions to the good work of the City. I request your vote to give consent to these reappointments at the regular Council Meeting on Thursday, December 16, 2021. If you have questions or comments, please feel free to contact me or Director Cramer. B. Idaho Falls Power 1) Quote 1263913, Inventory for Idaho Falls Fiber This inventory is power meter adaptors for the installation of fiber service to customers where we connect through the meter. C. Municipal Services 1) License Applications, all carrying the required approvals Recommended Action: It was moved by Councilor Burtenshaw, seconded by Council President Ziel-Dingman, to approve all items on the Consent Agenda according to the recommendations presented. The motion carried by the following vote: Aye - Councilors Freeman, Francis, Hally, Radford, Burtenshaw, Dingman. Nay - none. 5. Regular Agenda. A. Community Development Services 1) Final Plat and Reasoned Statement of Relevant Criteria and Standards, Parkwood Addition Division No. 4, 3rd Amended. Attached is the application for the Final Plat and Reasoned Statement of Relevant Criteria and Standards for the Parkwood Addition Division No. 4, 3rd Amended. The Planning and Zoning Commission considered this item at its January 5, 2021, meeting and recommended approval by unanimous vote. Staff concurs with this recommendation. Community Development Services Director Brad Cramer appeared. He stated this is a two (2) lot plat Page 2 of 7 City Council Meeting Minutes - Final December 16, 2021 west of the John Adams and Woodruff Avenue intersection. It was moved by Councilor Radford, seconded by Councilor Francis, to accept the Final Plat for Parkwood Addition Division No. 4, 3rd 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 Dingman, Radford, Francis, Burtenshaw, Hally, Freeman. Nay - none. 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 Parkwood Addition Division No. 4, 3rd 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, Dingman, Hally. Nay - none. B. Idaho Falls Power 1) IFP 22-03 Transformer Purchase Resolution Idaho Falls Power (IFP) solicited bids from qualified vendors to purchase transformers and found that vendors would not guarantee pricing or delivery. IFP and City Legal Services recommend that the City reject all bids and adopt a resolution authorizing staff to secure goods and services in the open market for power transformers in the approximate amount of $1,101,675.75. IFP Director Bear Prairie appeared. He stated transformer purchases normally have a 15-20 week lead time, however, this past year the lead time was 40-45 weeks. Therefore, IFP put out the bid faster to ensure there was enough lead time so IFP would not run out of transformer inventory. Director Prairie stated the pricing had increased with some transformers increasing to four (4) times the cost. He displayed a graph identifying the transformer bid percent increase from prior purchase, stating clearly there are shortages. He also stated most of the low bids received would not guarantee a specific delivery time, and a specific bidder would not guarantee a price but would place IFP in the manufacturing cue with a 30-day price. Director Prairie stated due to the price increase of transformers, IFP is requesting the ability to purchase from various suppliers and manage the transformer inventory in a more fluid manner, which would spread the risk. He believes it is not prudent to accept the single lowest bidder and running the risk of not having the equipment. Councilor Radford believes this is unusual but not unusual with the current times. Mayor Casper agrees this is a proactive prudent approach. It was moved by Councilor Radford, seconded by Councilor Freeman, to reject all bids presented with bid number IFP 22-03 for the Transformer Purchase and adopt the resolution authorizing staff to secure goods and services on the open market for power transformers and give authorization to the Mayor and City Clerk to execute the necessary documents. The motion carried by the following vote: Aye - Councilors Hally, Burtenshaw, Dingman, Freeman, Francis, Radford. Nay - none. RESOLUTION NO. 2021-39 A RESOLUTION OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, AUTHORIZING STAFF TO SECURE GOODS AND SERVICES IN THE OPEN MARKET FOR POWER TRANSFORMERS AND PROVIDING THAT THIS RESOLUTION BE EFFECTIVE Page 3 of 7 City Council Meeting Minutes - Final December 16, 2021 UPON ITS PASSAGE, APPROVAL, AND PUBLICATION ACCORDING TO LAW. 2) IFP 22-04 Conductor Inventory for Idaho Falls Power Idaho Falls Power solicited bids from qualified vendors to purchase conductor inventory for electric service. GEN PAC and IRBY were the only responsive, responsible bidders. Based on construction projections and unit bid prices, the base value is $1,288,033.59 with a 5% tolerance of $64,400.18 for a total cost of $1,352,403.77. Director Prairie stated IFP typically puts out 1-2 bids each year for wire purchase. He displayed a graph identifying current wire low bid price increase from prior purchase, indicating this is a similar situation as the transformer costs. He noted copper prices are increasing which reflect conductor prices. Director Prairie noted this inflation is a 6-month inflation, not a year-over-year inflation. He indicated firm delivery times were received although IFP is unsure if the prices will improve. Director Prairie commended IFP Assistant Director Stephen Boorman for managing this inventory and being proactive. He recognized IFPs aggressive recycling program with the wiring. It was moved by Councilor Radford, seconded by Councilor Freeman, to approve these bid awards to GEN PAC and IRBY for the unit prices shown as bid, for a not-to-exceed amount of $1,352,403.77. The motion carried by the following vote: Aye - Councilors Burtenshaw, Hally, Radford, Dingman, Freeman, Francis. Nay - none. C. Public Works 1) Iona Bonneville Sewer District (IBSD) - Request for Sewer Service Area Modification Public Works is in receipt of a request from the IBSD to decrease the district’s sewer service area boundary by 427.89 acres. The proposed sewer service area reductions are shown in the attached Exhibit Overview. In conjunction with the reduction, the district is also requesting expanding the sewer service area in a number of different locations totaling 379.65 acres as shown in the attached Exhibit A. Section 8 of the Cooperative Agreement for Sewage Collection and Treatment between Idaho Falls and the district requires that enlargements to the sewer service area be approved by the City of Idaho Falls. The city had previously requested that the district not expand its sewer service area unless alternative means were secured for sewage to reach the Wastewater Treatment Plant. Currently, the Sunnyside Sanitary Sewer Trunk line carries all flow from the district to the Plant. The district did reduce its service area in response to our request and is approximately 118.34 acres smaller than when originally requested by the city. The district’s sewer service area would still be approximately 166.58 acres smaller than it was in 2016, if this request is approved. Public Works Director Chris Frederickson appeared. He stated this item is in compliance with the request of the district. Per Mayor Casper, Director Fredericksen believes the reduced areas are east of 25th East/Hitt Road, and are not anticipated to be serviced by the city. Per Councilor Francis, Director Fredericksen confirmed this is not an extension of the service line. He explained the agreement that allows a reduction and an increase of service areas. Also per Councilor Francis, Director Fredericksen Page 4 of 7 City Council Meeting Minutes - Final December 16, 2021 stated the Wastewater Treatment Plant capacity is designed for 17M gallons per day, and is currently servicing approximately 9.5M gallons per day. Councilor Freeman believes IBSD is complying very well per the agreement. It was moved by Councilor Freeman, seconded by Councilor Radford, to approve the request to modify the Sewer Service Area for IBSD. The motion carried by the following vote: Aye - Councilors Dingman, Burtenshaw, Francis, Freeman, Hally, Radford. Nay - none. 2) Well 3 Elevated Water Tower - Location Site Change and Engineering Task Order, Addendum 3 City staff met with the Library Board to discuss the possibility of relocating the elevated water tower to the library south parking lot due to increasing anticipated costs associated with mitigation property from proposed impacts due to the Water Tower siting at the South Capital Park. The Library Board considered this request and voted unanimously to approve siting of the elevated tower at this location if it proved feasible. Furthermore, the Board discussed this during a library update to the City Council at the Work Session held on November 22, 2021. Public Works staff has worked with design consultant Murraysmith to determine if the library south parking lot is a viable site. This engineering feasibility work has concluded and determined that the site was appropriate for siting the elevated water tower. In addition, city representatives have met with a number of stakeholders in the immediate vicinity of the proposed elevated water tower location and received positive feedback for siting the elevated tower at this location. Therefore, an addendum to the contract with Murraysmith has been developed to provide design services and preparation of bidding and construction documents for the elevated water tower at this new location. The proposed contract amount for such services to be provided is $102,040.00. Director Fredericksen stated this item was discussed at December 13, 2021 City Council Work Session. He also stated this is a time and materials contract with anticipated completion date of plans and bid documents for mid-May 2022. He indicated the reduction in cost for mitigation property and the reduced length of water line will prove to be a cheaper alternative. Per Councilor Freeman, Director Fredericksen stated there is a slight delay of approximately three (3) months from the original contracts, and the project will take two (2) construction seasons. Per Mayor Casper, Director Fredericksen confirmed this will cost more in design costs and less in construction costs although those amounts are unknown at this time. Mayor Casper noted there was an additional increasing cost of compliance with the Land and Water Conservation Fund (LWCF) that will not occur with siting at the library. Director Fredericksen stated the estimated real estate costs for replacement property exceeded $100,000, and the shorter line distance will offset the costs with the additional engineering work. He believes this is a financially sound alternative. Councilor Freeman stated he is pleased to move the location. It was moved by Councilor Freeman, seconded by Councilor Radford, to approve the change in location for the Well 3 Elevated Water Tower from South Capital Park to the Library South Parking Lot; and approval of Addendum 3 to the Task Order with Murraysmith, LLC to accommodate this change in location; and authorization to City staff to take the steps necessary to implement this change in location. The motion carried by the following vote: Aye - Councilors Francis, Dingman, Freeman, Hally, Radford, Burtenshaw. Nay - none. D. City Attorney Page 5 of 7 City Council Meeting Minutes - Final December 16, 2021 1) Edits to Title 4, Chapter 6 Private Patrol Services The Council discussed amendments to the Private Patrol Services Chapter of the City Code to provide clarity of license requirements and to be more consistent with requirements of similar City license provisions. Other Council discussion included consideration of whether the City should continue to license private patrol activities. One of the draft Ordinances attached amends the list of disqualifying activities, includes certain related waiting periods for qualification, reduces the minimum age from 21 to 18, and eliminates the current citizenship requirement. The other draft Ordinance attached rescinds the Private Patrol Services Chapter of the City Code in its entirety. Mayor Casper stated this item was requested by the Council due to an appeal of a license denial. She noted this item has been discussed at previous (December 6 and December 13, 2021) City Council Work Sessions. Mr. Kirkham stated two (2) draft ordinances have been provided - the first draft ordinance contains requested changes by Council, the second draft ordinance would rescind the entire ordinance. He reiterated this item has been discussed at length. Per Councilor Hally, Mr. Kirkham confirmed an individual driving without privilege could not obtain this license if that individual is found guilty. Councilor Francis noted that offense would be for five (5) years. He does not believe this ordinance is worded exactly how he preferred, and he believes, per the appeal process, the Council couldn’t find a way to enforce the ordinance equitably. He also believes Title 4 should be looked at as a whole, however, this is an emergency action per the appeal. He indicated the Title 4 process has started although it will take some time. Councilor Francis believes the Idaho Falls Police Department (IFPD) is looking for a slightly different ordinance although he believes this is a short-term improvement. Councilor Freeman agreed there is a time element due to an individual who was denied the license. He also agreed work on the ordinance will continue. Councilor Burtenshaw prefers p. through gg. be removed from the ordinance. She also believes the ordinance needs to be worked on. Councilor Radford believes this ordinance should be rescinded as the market for this type of work requires a vast amount of insurance, and he believes the city can rely on the free market. He stated he agrees with Councilor Burtenshaw although he believes it would be easier to get rid of this ordinance and come back with what the IFPD wants if they can make a compelling argument that it’s not happening in the free market. He also believes this makes more time for the IFPD officers and the clerk. He does not believe it’s a huge impact for 40 individuals. Councilor Francis stated he would be more comfortable with rescission if more discussion had occurred with the IFPD. He believes it’s wrong to get rid of the ordinance and then come back in two (2) months. He also believes the Council should go forward with the ordinance knowing it needs modified. Councilor Radford indicated the ordinance includes citations that Council doesn’t want. He does not believe there is a problem with less oversight. Councilor Hally stated, referencing p. to gg., he does not believe there is a major risk waiting for two (2) months to carefully to redo the ordinance. It was then moved by Councilor Hally, seconded by Councilor Radford, to rescind Title 4, Chapter 6 Private Patrol 12.14.21.pdf. Councilor Burtenshaw stated she is unsure where the IFPD will come in. Mr. Kirkham believes the IFPD would like to re-write the regulated activity performed by the Private Patrol ordinance. He stated Private Patrol individuals are not employed directly by a property owner, they are a third party to provide security at the property. He also stated Private Patrol does not regulate a bouncer employed by the bar. Mr. Kirkham believes the IFPD would like to see regulation of events involving alcohol using public property and possibly private property. Per Council President Dingman, Mr. Kirkham stated a security contract could require criteria per the city’s wants. Council President Dingman stated this license does not cover all individuals performing security. Mr. Kirkham agreed. He stated Page 6 of 7 City Council Meeting Minutes - Final December 16, 2021 Private Patrol is a discreet/niche-type of security. Discussion followed including criteria and risk to the public that could be mitigated by city licensing, as well as an occupational barrier. Per Council President Dingman, Mr. Kirkham stated he is not aware of other neighboring communities that have a Private Patrol license. Mr. Kirkham provided a history of gun regulations believing these Private Patrol licenses were tied to guns. Councilor Freeman believes the IFPD prefers an ordinance. Councilor Hally believes the company/insurer would carry insurance that would be reasonable for the position. The motion then carried by the following roll call: Aye – Councilors Burtenshaw, Hally, Dingman, Radford. Nay – Councilors Freeman, Francis. At the request of Mayor Casper, the City Clerk read the ordinance by title only: ORDINANCE NO. 3434 AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO; RESCINDING TITLE 4, CHAPTER 6, PRIVATE PATROL SERVICES IN ITS ENTIRETY; PROVIDING SEVERABILITY, CODIFICATION, PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE. 6. Announcements. Councilor Francis announced the Parks and Recreation Department is selling advanced tickets for the War Bonnet Round Up Rodeo, and golf passes are on sale. Councilor Radford announced Deck the Falls. Council President Dingman announced the Tautphaus Park Zoological Society (TPZS) is selling zoo memberships, and the lights at the Japanese Friendship Garden are incredible. Mayor Casper announced city offices will be closed December 24 and December 31, the governor will deliver the State of the State address on January 10, and the January 13 City Council Meeting will include swearing in of the newly elected officials, the State of the City address, and some awards. She wished all a safe holiday season. 7. Adjournment. There being no further business, the meeting adjourned at 8:38 p.m. s/ Kathy Hampton _________________________________________ s/ Rebecca L. Noah Casper _________________________________________ Kathy Hampton, City Clerk Rebecca L. Noah Casper, Mayor Page 7 of 7