City Council

680 Park Avenue City Council Meeting Idaho Falls, ID 83402 Minutes Thursday, October 13, 2022 7:30 PM City Council Chambers 1. Call to Order Present: Mayor Rebecca L Noah Casper, Council President Michelle Ziel-Dingman, Councilor Radford, Councilor Thomas, Jim Freeman, Councilor Jim Francis; and Councilor Lisa Burtenshaw Absent: Councilor Hally Also present: All available Department Directors Randy Fife, City Attorney Jasmine Marroquin, Deputy City Clerk 2. Pledge of Allegiance Mayor Casper led those present in the Pledge of Allegiance. 3. Public Comment Faye Srala lives by Tautphaus Parkin the City of Idaho Falls. Srala has seen the lawless activity that happens in the park and wants a curfew for the City property. Ms. Srala wanted to talk about what happens in the park at night. Ms. Srala stated that there is a lot of drunk driving, reckless driving and the trash cans are filled with empty alcohol containers. Mr. Srala stated that she sees this every night. Ms. Srala sees vandalism and theft. She noted that she does call dispatch regularly. Ms. Sarala urges City Council to vote in favor of a curfew. Keith Daum, lives on Nathan Drive in the City of Idaho Falls. Mr. Daum passed out a map to Council members he also noted that he was on the police review committee 6 years ago. Mr. Daum showed that between south end of Nathan Drive near Leesburg and the north end south of Sunnyside there is a half mile stretch of straight road with no curve to keep people from speeding through the neighborhood, and people speed every day. Mr. Daum stated that police come sometimes and that when the police do come, they give tickets. Mr. Daum has talked with Sgt. Harkness in traffic division, and he knows it is a problem on Nathan. Mr. Daum stated that the traffic monitors do not keep data, so he cannot provide numbers to show the amount of speeding taking place. Mr. Daum stated that most people go 35-mph, in a 25-mph zone. Daum stated that it is right by Sunnyside School and Nathan Drive. Daum stated that pass through traffic comes a lot and the new subdivision that Rockwell is building will make traffic worse because there is no traffic light on Holmes near Taylorview and so they go through neighborhood because of lack of light. Mr. Daum wanted to add stop signs but talking to City Engineer he learned that you cannot use stop signs to slow people down and stop signs might cause more noise and pollution. Mr. Daum is suggesting a raised cross walk or a raised intersection on Nathan Drive. He stated that these are used in places like the City of Toronto, and the snowplows do ok with these raised intersections. Mr. Page 1 of 9 City Council Meeting Minutes October 13, 2022 Daum asked for 3 raised intersections to be placed on Nathan Drive; one at Williamsburg; Woodhaven; by school on Cobblestone. Mr. Daum would like this on an agenda for a future meeting. Cecile Perez lives in Idaho Falls. Ms. Perez is an advocate for mental health. She sees that there are issues with crime in the City that people want addressed and it is important to address the root of the issues. Ms. Perez stated people with mental health struggles encounter the police, and sometimes feels misunderstood, and police feel their time could be better spent addressing violent crime. Ms. Perez stated that people with serious mental illness are eleven times more likely to be victims of a violent crime than the general public, according to Treatment Advocacy.org. Ms. Perez stated that most people with mental health struggles are no more likely to be violent than anyone else and are more often victims than perpetrators. Ms. Perez stated that people with mental illness might prefer that well trained professionals respond when they are in crisis. Ms. Perez stated that experiencing severe mental health struggles can be emotionally excruciating and carry a lot of shame. Ms. Perez stated that having a solution to this issue that adequately addresses the needs of mentally ill people will improve officer relations in the community, and lighten the load of many duties for police officers, and as a result, positive officer relations to the public between neighbors and friends and it will improve the public view towards policing and will allow the police to do their job with less public upheaval. Shaga Condi is a resident of Idaho Falls, Condi has grown up here and has seen this struggle played out within her own age group. Ms. Condi indicated that people her age do struggle with mental health more than previous generations and this is an increase and cause to behaviors that are considered criminal. Ms. Condi suggested that addressing the root cause beginning with the police department they will be better able to reduce crime rates and allow the generation that is growing up and becoming adults to build a better future for the community. Ms. Condi stated that being able to reduce crime and attack it at the root cause, rather than focusing on the secondary behaviors will prevent recidivism and allow for the budget to be spent in ways that will help citizens. Ms. Condi understands the police are stretched thin and this will be able to lighten their load over the long term. Mayor Casper gave redirection of Agenda numbering due to software problems. Mayor Casper went through rules on purchase and bids. Mayor Casper stated that when an item is being purchased for the City, they have decided that if the item is budgeted for and routine and straight forward that the item can be placed on the consent agenda. Mayor Casper stated that State Law directs that if you want to purchase an item that is on the State Contract, it does not need a bid, and there are a few items like that tonight on the agenda. Mayor Casper indicated that a bid is required for things that are not on the State Contract if it is above the threshold of $100, 000. Director Pam Alexander agreed that if it is $100,000 it requires formal bid, and if it is 50,000 and below $100,000 it requires 3 written quotes (or the attempt to receive 3 quotes). Mayor Casper stated that after tonight’s meeting if the Council Members feel that they need a briefing on purchasing, she will add that to a future agenda. Mayor Casper stated that it used to be that in the City almost every single purchase went through Municipal Services and they carried those items on behalf of other departments, and now the Airport and Idaho Falls Power have opted to carry their own items, do their own bidding process and manage their own procurement and that gives 3 times as many eyes and hands on things, and will increase the number of people involved and could increase the Page 2 of 9 City Council Meeting Minutes October 13, 2022 number errors, so Council oversight is helpful. A Council member did find an item that was not entered perfectly, and so that will be pulled from the agenda for tonight. It was moved by Council President Ziel-Dingman, seconded by councilor Francis, to remove item 4(A)(2) The Approval of the Perimeter Fencing on the Southside Airport onto the consent Agenda, due to the fact there was an unintentional error in the bid process, and we need to remove it from the agenda and follow the proper procurement process. The motion carried by the following vote: Aye – Councilors Dingman, Radford, Francis, Burtenshaw, Freeman. Nay – None. 4. Consent Agenda A. Airport 1) Approval of Idaho Falls (IDA) – ATCT Siting Services Agreement 2) Approval of Perimeter Fencing on South Side of Airport (Removed) B. Idaho Falls Power 1) Approval of Idaho Falls Power Board Meeting Minutes- September 2) IFP 23-01 Transformer Purchase 3) IFP 23-02 Conductor Purchase for Idaho Falls Power C. Municipal Services 1) Treasurer’s Report for August 2022 2) Bid IF -23-B Purchase Replacement Lawn Mower for Public Works 3) Annual Renewal of CentralSquare Software Maintenance and Support 4) Minutes from Council Meetings September 19, 2022, and September 22, 2022. 5) License Applications, all carrying the required approvals It was moved by president Ziel -Dingman, seconded by Councilor Burtenshaw 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, Francis, Dingman, Burtenshaw, Freeman. 5. Regular Agenda A. Community Development Services 1) Final Plat, Development Agreement, and Reasoned Statement of Relevant Criteria and Standards, Bombardier Industrial Park. It was moved by Councilor Burtenshaw, seconded by Councilor Francis to approve the Development Agreement for the final plat for Bombardier Industrial Park and give authorization for the Mayor and City Clerk to sign said agreement. The motion carried by the following vote: Aye – Francis, Dingman, Freeman, Radford, Burtenshaw. Nay – None. Page 3 of 9 City Council Meeting Minutes October 13, 2022 It was moved by Councilor Burtenshaw, seconded by Councilor Francis to accept the Final Plat for Bombardier Industrial Park, and give authorization for the Mayor, City Engineer, and City Clerk to sign said Final Plat. The motion carried by the following vote: Aye – Freeman, Francis, Radford, Burtenshaw, Dingman. Nay – None. It was moved by Councilor Burtenshaw, seconded by Councilor Francis to Approve the Reasoned Statement of Relevant Criteria and Standards for the Final Plat for Bombardier Industrial Park and give authorization for the Mayor to execute the necessary documents. The motion carried by the following vote: Aye – Dingman, Radford, Francis, Burtenshaw, Freeman. Nay – None B. Parks and Recreation 1) Director PJ Holm is presenting a resolution to adopt the Connecting Our Community Map Amendments. Holm explained that Connecting Our Community is a comprehensive bicycle – pedestrian- trails facility plan that was created by BMPO to connect Ammon, Idaho Falls, Iona and Ucon. In 2021 BMPO’s governing body had a recommendation from TAC group (Technical Advisory Committee) to make changes to the map and it was a unanimous vote to approve changes. Holm stated last updates were done in 2015 and these changes will address growth that is facing the metropolitan area and will serve for guidance for planning in the future. Holm stated that changes are marked in red to update pathways completed including Johns Hole Bridge, Idaho Canal Trail, Improvements on Elva. This also extends the pathway on Broadway, 17th Street South, Sunnyside, and York up to 35th West as well as adding an additional river loop that extends to 145th North and connects to Old Butte Road. Additional roads have additions to address current and future growth. Councilor Freeman stated that it is good to see that Parks and Recreation is working with BMPO to make the plan work and this is catching up to what is put in place. Councilor Radford appreciates effort on Connecting Our Communities over the years. Councilor Radford stated that this plan is functioning, and this amendment shows it is a living document. It was moved by Councilor Radford, seconded by Councilor Burtenshaw to approve the resolution adopting the Connecting our Community Plan Amendments (and map) 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. Nay. None. RESOLUTION NO. 2022-32 A RESOLUTION OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, ADOPTING A MAP AMENDMENT FOR THE CONNECTING OUR COMMUNITY PARK PLAN; AND PROVIDING THAT THIS RESOLUTION BE EFFECTIVE UPON ITS PASSAGE, APPROVAL, AND PUBLICATION ACCORDING TO LAW. 2) Director PJ Holm presented an Ordinance of the City of Idaho Falls Amending Title 8, Chapter 3. Director Holm feels this will create a safer park system and eliminate vandalism in bathrooms and facilities. Director Holm stated that the proposed ordinance is 2 elements to establish hours of operations of parks, park amenities, and cemeteries to be between 5 a.m. to 11 p.m. and closed outside of those hours and establish time limits for non-reserved rentable spaces. Director Holm stated that the Page 4 of 9 City Council Meeting Minutes October 13, 2022 park management is excited to see parks close between 11 p.m. and 5 a.m. There can be exceptions with permitted events and activities. Director Holm stated that the parks used to have a curfew at 11 p.m. – 12 and there were gates that swung close but that became a barrier and gave people a way to lock into a park, and they are not proposing gates but rather a seamless signage with routine drive throughs and spot checks. Director Holm stated that these hours are when they see restrooms destroyed, equipment vandalized, bad behavior after 11 p.m. Director Holm believes it will stop drugs, drinking and loitering in parks during times that people should be somewhere else. Signs will go up shortly, and they will have all activity lighting turning off at 11 p.m. and that will help enforce this new ordinance, so they do not have to physically go to each facility to shut down lights. Director Holm stated that exceptions would be driving a vehicle on an interior public park roadway that provides direct access to a person’s residence; actively traveling on a designated bicycle or pedestrian pathway; Attending a permitted event; present do to protected Idaho Constitutional Right or pursuant to a controlling court decision applicable to the City; lawfully present in city camp site; present due to lawful order of police officer; or city employee doing city business. Director Holm stated that the shelter side of the ordinance would mean that for reserved spaces no one shall occupy a reserved park shelter or park amenity for more than the City approved reservation and they are rented on a daily basis. Holm stated that unreserved spaces may be used during unreserved time on a first come first serve basis. Cannot occupy during reservation hours. Cannot occupy more than 2 hours consecutively if they have not rented to ensure equitability. Mayor Casper noted that the reason that there are no questions is that this has been considered during work sessions in August and September. Councilor Radford appreciates effort and wants everyone to understand that there has been a big problem with vandalism throughout the city. Councilor Radford stated that they hope this will help. Councilor Radford stated that they are grateful for public comment. Hopefully, this is effective. The exception to actively using the pathways is helpful. Councilor Francis feels that this is one of the situations that the limits on behavior are required to provide liberty for the community to use the parks as public spaces. Francis feels the exceptions reflect a thoughtful decision on how to keep the parks as open as possible. Councilor Francis feels this has been discussed and came out in a fair way. Mayor Casper noted that being able to control access to shelters and other public rentable spaces gives them the opportunity to take care of health and safety needs that may arise. It was moved by Councilor Radford, seconded by Councilor Burtenshaw to approve the ordinance amending Title 8, Chapter 3, by the addition of Section 7 (Establishing a Park and Cemeteries curfew from 11:00 p.m. to 5:00 a.m.) and Section 8 (Regulating Park Shelters and amenities when not reserved). The motion carried by the following vote: Aye – Councilors Burtenshaw, Dingman, Freeman, Francis, Radford. Nay – None. There was a discussion regarding the language of the motion, not specifying that they were going to approve it on the first reading. A decision was made to make a new motion as it was the desire to pass on the first reading. Page 5 of 9 City Council Meeting Minutes October 13, 2022 Councilor Radford moved to approve the ordinance Amending Title 8 Chapter 3 by the addition of Section 7, establishing a park and cemeteries curfew from 11 p.m. – 5 a.m. and section 8 regulating park shelters and amenities when not reserved, even though there was a first reading, and requested to waive the additional two readings and pass it on the first reading – motion died for lack of second. Mayor Casper explained that state law dictates how they handle meetings, and if they do not specify, an ordinance must be read 3 times at 3 separate meetings and pass each time in order for it to move on and then it can become the law after it is published in the paper, but there is a process where they can condense it, and pass it on the first reading, if it is specified. It was moved by Council President Ziel – Dingman, seconded by Councilor Burtenshaw to approve ordinance amending Title 8, Chapter 3, by the addition of Section 7 establishing a park and cemeteries curfew from 11 p.m. – 5 a.m. and Section 8 regulating park shelters and amenities when not reserved under the suspension of the rules requiring 3 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 Radford, Freeman, Burtenshaw, Francis, Dingman. Nay – None. At the request of Mayor Casper, the City Clerk read the ordinance by title only: ORDINANCE NO. 3483 AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO; AMENDING TITLE 8, CHAPTER 3 BY THE ADDITION OF SECTION 7 (ESTABLISHING PARK.AND CEMETERY HOURS OF OPERATIONS) AND SECTION 8 (REGULATING PARK SHELTERS); PROVIDING SEVERABILITY, CODIFICATION, PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE. C. Municipal Services 1) Director Pam Alexander is asking for approval to purchase Cisco Core Routers to be used for an upgrade of the City’s network infrastructure. This project will replace aging equipment and redesign the network to incorporate enhanced cyber security functionality, including encryption of data that will host benefits to City facilities. They are accessing a State of Idaho Contract that allows them to do competitive bidding and pricing, so the City can access the pricing based on volume and government discounts. Director Alexander explained that they are accessing the State of Idaho Contract PADD20210672 from Compunet (a State of Idaho competitive vendor) for a total of $230,846.19. Director Alexander stated that this is not routine as it is not every year, and this dollar amount is not spent routinely. Director Alexander stated that the amount is over $200,000, and something that had not been done in a while, so they wanted it on regular agenda to answer questions from Council. President Ziel-Dingman stated that this is a budgeted item, and it was presented in prior meetings and Ziel-Dingman was aware it would be coming at some point. Ziel-Dingman stated that this is not routine, but it is not controversial, and as City becomes more sophisticated the encryption of data is important. Council members get phishing attacks everyday where someone is trying to get information or data from you. President Ziel-Dingman is pleased that Municipal Services follows plan to upgrade the systems as the Council had indicated. Page 6 of 9 City Council Meeting Minutes October 13, 2022 Councilor Radford asked Mayor Casper about legislative ability for the Council to hold executive sessions to discuss cyber security. Mr. Fife indicated that it is not listed as executive session category under Idaho Code 74-206. He noted that if someone makes a request for things that can be shown to be related to intimate matters of security, that request can be denied but that is different than an executive session. It was moved by Council President Ziel-Dingman, seconded by Councilor Francis, to Approve the purchase of Cisco core routers from the State of Idaho Contract # PADD20210672 from CompuNet for a total of $230,846.19. The motion was carried by the following vote: Aye – Councilors Burtenshaw, Radford, Dingman, Freeman, Francis. 2) Director Alexander stated that they talked briefly about the purchase of FF&E before the onsite tour on Tuesday. Director Alexander stated that there is a recommendation to issue a contract award to the State of Idaho Contract holder Interior Environments. Director Alexander stated that they got quotes from State of Idaho contractors to get volume and government discounts and keep dollars in Idaho. Interior Environments was lowest of the 4 quotes received and they are providing the facility furniture, fixtures and equipment that have been identified as a need for the facility in the amount of $665,959.45 and they are wanting to preorder so everything is ready when facility is open and they can avoid delays due to supply chain issues, and they will be fully ready with everything they need when they open the facility. Councilor Burtenshaw understands why it is important to go out and start doing this but is wondering if anyone has concerns with moving forward with the purchase without more of the structure being finished. Councilor Burtenshaw stated that at the meeting it looked like they were on budget but asked if anyone is concerned about the big purchase. Councilor Burtenshaw feels they are on target, but wanted it raised as an issue and does not feel that she is informed enough on what they would do if they did not have this. Director Alexander stated that the list of items was based on the quantities and measurements on the building, so there is nothing over what was measured for, so when everything is built these are the items needed, and there is a need and recommendation to order early due to quantity needed for some items, including desk and chairs. The company is willing to store in warehouse in Idaho Falls. Councilor Burtenshaw did not know if they would use the leftover furniture. Councilor Burtenshaw is ok to vote. President Ziel- Dingman understands that Councilor Burtenshaw is making sure there is nothing to make them hesitant to spend the money now with the possibility that some additional contingency might be needed in the future on the structure. President Ziel-Dingman stated that there is a contingency built into the construction plan and model, and they are far away from change orders. President Ziel- Dingman stated that she does not know of any concerns expressed by director Fredrickson and President Ziel-Dingman feels it is normal to feel hesitant when they are so far away from a constructed building, and these items will be delivered 2023 summer. President Ziel-Dingman feels that they are in a sound situation with the construction budget. Mayor Casper stated that there have been change orders, but they are within the budgeted amount and that speaks to the skill of Mr. Canfield and those he is working with. Mayor Casper shares President Ziel- Dingman’s trust and optimism in the schedule and costs. Mayor Casper stated that if they get to something unforeseen that drives the cost above the amount of the certificate of participation in the amount of $30 million, would they return the items or go to a different fund to pay for costs. Page 7 of 9 City Council Meeting Minutes October 13, 2022 Councilor Burtenshaw agrees that was her concern and wanted to discuss it. Councilor Francis asked if this is a fixed contract or does this have allowable adjustment. Director Alexander stated that it is based on a quote, and they are scanning to see what is available, but there are somethings that need to be ordered and manufactured so they are recommending moving froward now. The total of FF&E is $1.9 million and that is separate from the building construction budget. They are within the $1.9 million budget. President Ziel-Dingman stated that there are long lead times on items, and they could have this discussion in February, as they are further along in the construction, and still have the FF&E available for the fall/winter opening of the station. Mayor Casper asked why they need new stuff in the new building and why not use the old stuff, and part of it is because there is not enough stuff and enough desks to move over. Mayor Casper asked what happens to surplus desk and chairs. Director Alexander stated that she is not sure how much the city owns of the furniture and fixtures as it is an old facility and some of the other adjacent buildings. Director Alexander stated that they would go and valuate some of the surplus but some of the desks are WWII desks and not of use, but they could have someone take the steel and pay the city for the steel. Director Alexander stated that the current FFE has been used several times and is old. Councilor Radford stated that they always want to be careful with funds, and the timing at the height of inflation to buy FF&E is questionable, and it could be 20% lower in a year. Mayor Casper stated that we do not know about inflation tomorrow and it could go higher, and supply chains futures are hard to predict. Director Alexander stated that the quotes are fresh and were received in August, and there was a wide difference between some of the quotes for some of the items. Councilor Radford asked if anyone has asked if there is a better time to do this 20 months from completion. Mayor Casper stated that Mountain America Center has been ordering things far in advance (1 year – 18 months) because of long lead times. President Ziel-Dingman stated that this is why there were folding chairs in the airport. Director Alexander stated that the architects looked at all the quotes and they made recommendations, and one vendor was higher, and they did not go with that vendor. Director Alexander stated that experts’ eyes have been on it, and the vendor that provided the quote is recommending getting the order in so they can get things ordered when needed. Councilor Francis stated that they already approved the “secure evidence storage” and will there be more that is needed to make the building functional or will there be more asks. Director Alexander stated there will be some security equipment needed and those are not expected to be as much. Director Alexander stated that they did order the high-density equipment because they needed to get the measurements over to construction. Councilor Francis stated that when can they say this is now a functional building. Director Alexander stated that the team is aware that the FF&E will not exceed $1.9 million, and there are things that have not been selected to reserve funds for other items that are needed. It was moved by Council President Ziel-Dingman, seconded by Councilor Burtenshaw to approve the purchase of furniture, fixtures, and equipment from State of Idaho contract #PADD18200479 from Interior Environments for a total of $665,959.45. The motion carried by the following vote: Aye – Councilors Dingman, Burtenshaw, Francis, Freeman, Radford. Nay – None. Page 8 of 9 City Council Meeting Minutes October 13, 2022 6. Announcements Mayor Casper encouraged everyone to enjoy the weather. Councilor Radford added to enjoy parks before 11 pm. Councilor Francis’ wife will be participating in the City Club event talking about current situation with Russia and Ukraine next Thursday at the Bennion Center – University Place – 7 p.m. Boo at the Zoo next week. Councilor Freeman stated that early voting is open at the new election office on the corner of B and Capital. 7. Adjourned There being no further business, the meeting adjourned at 8:34 p.m. s/ Corrin Wilde s/Rebecca L. Noah Casper Corrin Wilde, City Clerk Rebecca L. Noah Casper, Mayor Page 9 of 9