City Council

City Council Chambers in the City Annex Building located at 680 Park Avenue in Idaho Falls City Council Meeting Minutes December 8, 2022 Thursday, December 8, 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 Hally, Councilor Freeman, Councilor Francis; and Councilor Burtenshaw Also present: All available Department Directors Randy Fife, City Attorney Jasmine Marroquin, Deputy City Clerk Corrin Wilde, City Clerk 2. Pledge of Allegiance Mayor Casper led those present in the Pledge of Allegiance. It was moved by Councilor Francis, seconded by Councilor Burtenshaw to remove Item 5(C)(1) Ammunition Purchase for the Police Department from the Agenda, and move it to the next Council meeting. The Good Faith reason for the change is a note from the legal department saying that they have come across a discrepancy in the process, and they need to work that through. The motion carried by the following vote: Aye – Freeman, Francis, Hally, Radford, Burtenshaw, Dingman. Nay – None 3. Public Comment No one appeared. 4. Consent Agenda A. Office of the Mayor 1) Appointments to City Boards, Committees and Commissions B. Fire Department 1) Mountain America Center Service Agreement 2) Wittman Enterprises, LLC Billing and Collection Services Agreement C. Municipal Services 1) Annual Microsoft Software Product License Purchase for Information Technology 2) Treasurer’s Report for October 2022 3) 2022 Second Quarter Impact Fee Report 4) License Applications, all carrying the required approvals It was moved by Council President Ziel -Dingman, seconded by Council Francis 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 Hally, Burtenshaw, Dingman, Freeman, Francis, Radford. Nay –None 1 City Council Meeting Minutes December 8, 2022 5. Regular Agenda A. Office of the Mayor 1) Appointment of City Treasurer. Councilor Francis asked Director Alexander that it seems that the Controller’s office is busy in budget time, and he is concerned about adding something to that position’s plate and would like Director Alexander to explain why that works for Municipal Services. Director Alexander stated that since the organization has grown over the past years, they are looking at doing some efficiencies to the Department, and one of the things that they felt very clear about with the finance team, is being able to merge both the Treasurer’s Office and City Controller’s Office into a finance division. Director Alexander stated that it is similar to how other Cities of similar size do it, covering both the utility billing side and the accounting side. Director Alexander stated that this appointment is the first step in a reorganization that would allow those two divisions to come together and work together and share staff. There will be positions coming forward to provide support for the City Controller and Treasurer position. Councilor Francis stated that this could be called a first step in a larger organization coming forward in the near future. Director Alexander stated first they need to make the appointment; second update the City Code for the specific department; and then after they will make suggestions on titles and merging the two divisions into one division. Councilor Hally stated that a lot of times the Treasurer being separated from the Accounting Department could be seen as a checks and balance system, and if they merge them, where do they get the checks and balance system? Director Alexander stated that they are fortunate to have a City Controller that has a CPA and so that alone with the licensure that is required with that allows for the discipline and the separation, and the internal control piece that they can put together. Director Alexander stated that the key is that Mr. Hagedorn is a CPA, so he is already committed and licensed to provide the neutrality that is necessary for both positions to function. Mayor Casper added that since Mr. Hagedorn has begun his career with the City has been a leading voice for establishing internal controls, and they have modified several positions within the department between the time that Director Alexander has been here, and with the input of Mr. Hagedorn. Councilor Hally is not questioning Mark Hagedorn as he has tremendous skills, but he is looking at the long term in the future, and big organizations let it slip and there weren’t enough checks and balances to realize what was going on. Councilor Hally stated that checks and balances are important. Director Alexander added that the intention is to keep the investment finance committee in place which would allow for an opportunity for those presentations that they have monthly, and an opportunity to look at the checks and balances at the committee level prior to auditors being onsite to look at things. City Attorney Randy Fife stated that it is not on the agenda to change the structure of Municipal Services, and the appointment of Mr. Hagedorn doesn’t obligate the Council to make the change to the structure, and the action item at this time is to decide whether you want to appoint Mr. Hagedorn, and the vision presented today does not obligate the Council or the Mayor to change the current structure. Councilor Burtenshaw clarified that the Treasurer is set by appointment, and through Ordinance as identified. Councilor Burtenshaw asked if the Controller is the same kind of position. Mayor Casper stated no, not all, and State Law and City Ordinance both require they appoint the Treasurer. Councilor Burtenshaw stated that at any time it can be up to Municipal Services to decide who the new Controller will be. Mayor Casper clarified that right now the organization of Municipal Services is controlled by the Director, and by the City Code Title 3, Chapter 3, and within that Code are the rules that govern how the department can be organized. Mayor Casper stated that now is not the time for the reorganization 2 City Council Meeting Minutes December 8, 2022 discussion, but there is consistency in how the various departments are governed in Title 3, and that is something on the docket for Council’s consideration in the future. Mayor Casper stated that when they look at Title 3, Chapter 3 for Municipal Services, they could change any of the structures. Mayor Casper stated that it has been important to her as an administrator that the Directors have as much flexibility to manage their departments, according to the dictates of their profession, and what works for their management style. Councilor Burtenshaw stated she has relied heavily on the Controller in the past for budgetary purposes. Mayor Casper clarified that the Treasurer will be both. Councilor Burtenshaw feels it is a lot for one person. It was moved by Council President Dingman, seconded by Councilor Freeman to Confirm the appointment of Mark Hagedorn to be the Idaho Falls City Treasurer. The motion carried by the following vote: Aye- Freeman, Radford, Burtenshaw, Francis, Dingman, Hally. Nay – None 2) Appointment of City Clerk It was moved by Council President Dingman, seconded by Councilor Burtenshaw to Confirm the appointment of Ms. Corrin Wilde to be the Idaho Falls City Clerk. The motion carried by the following vote: Aye- Burtenshaw, Hally, Dingman, Radford, Freeman, Francis. Nay – None Mayor Casper invited Corrin Wilde, now appointed as City Clerk, to come forward and take her position as City Clerk. Mayor Casper thanked Jasmin Marroquin for her help in acting as City Clerk. There was well deserved applause. B. Municipal Services 1) Amend City Ordinance - Title 3, Chapter 3 and Title 1, Chapter 15 of City Code Municipal Services Director Alexander stated that the Municipal Services Department is one of the larger departments for many years, and served as the City Management Department, and over the years they have been looking at efficiencies of the department and finding ways to build in those efficiencies. Director Alexander presented an amendment to the City Code Title 3, Chapter 3, and Title 1, Chapter 15. Director Alexander stated that this is step one of multiple steps to reorganize the Municipal Services Department. Director Alexander stated that the request tonight is to remove the City Clerk’s Office from the Municipal Services Department, and now that they have a Chief of Staff, they can integrate the City Clerk’s functions and duties into that area of operations. Director Alexander stated that they are also reorganizing the Municipal Services Department to build on the efficiencies that she was explaining earlier. City Attorney Randy Fife clarified that he thinks that what this Ordinance does is take the statutory requirement of having the Clerk in the Municipal Services Department and release it from the necessity to be there, it doesn’t necessarily move it to a Chief of Staff, or the Mayor’s Office, or any place in particular, it allows a decision to be made organizationally about the Clerk that would not require a change in the code in the future. Mayor Casper stated that it has been an important managerial tenant (Directors, Mayor, Chief of Staff) that there is maximum flexibility to organize in whatever way seems appropriate for the structure. This amendment will provide latitude, and the intent is to house the supervision of the City Clerk within the Mayor’s office and the Chief of Staff would keep tabs on the needs of that department. Mayor Casper stated that the City Clerk position is a statutory position, and it has responsibilities that are dictated by State Law and City Code, so there is a great deal of independence built into the role. 3 City Council Meeting Minutes December 8, 2022 Councilor Francis asked for clarification and stated that if he understands they are removing words from Title 3, Chapter 3, and then making a minor change from 5 divisions to 4 divisions, and for Title 1, they are leaving everything as it is on 115-7 and then adding these 3 points (a, b, c), as there is already some wording about the public records custodian being the City Clerk. Randy Fife, Esq., stated that (c) doesn’t change, it is just a different letter, it was already there, so when they were talking about taking it out, he just took the language that is now in Municipal Services and put it together with what was already the Custodian Record. Councilor Francis clarified that the full wording for 115-7 will be what is red-lined. It was moved by Council President Dingman, seconded by Councilor Francis to approve the changes to Title 3, Chapter 3 to reorganize Municipal Services Department responsibilities and approve the changes to Title 1, Chapter 15 to describe City Clerk status and duties 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, Dingman, Burtenshaw, Freeman. Nay – None At the request of Mayor Casper, the City Clerk read the ordinance by title only: ORDINANCE NO. 3495 AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO; AMENDING TITLE 3, CHAPTER 3 AND TITLE 1, CHAPTER 15 TO DESCRIBE CITY CLERK STATUS AND DUTIES; PROVIDING SEVERABILITY, CODIFICATION, PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE. C. Community Development Services 1) Legislative Public Hearing: Amendments to City Code Title 11, Zoning Code Mayor Casper opened the public hearing on Amendments to City Code Title 11, Zoning Code. Director Brad Cramer appeared and presented the following: Director Cramer stated that at least once a year they try to bring changes to development codes, and tonight it is the Zoning Ordinance. Director Cramer stated that the proposed Code changes are a mixture of housekeeping items, and some are more substantive. Director Cramer walked through a few of the changes that the staff proposed that the Planning and Zoning Commission recommended denial of, and the staff does not agree with that decision. Director Cramer stated that it is not often that staff and P&Z are at odds, in that way, but staff felt these changes were important enough to continue to recommend approval. Director Cramer directed the Council to the Minutes on page 113 of the packet, so you can see how the motions went. Director Cramer explained that the first motion, was the change to allow 3 units attached in the R1 zone, instead of 2 units, and that is more of a housekeeping item, although it doesn’t sound like it. Director Cramer explained that for as long as he had worked for the city the R1 zone allowed 3 units to be attached, and when they updated the Code in 2018, the consultant that was putting the Code together changed it to 2, and they didn’t catch it until someone tried to do 3 units. Cramer stated that they have discovered that it had been changed and it wasn’t caught, but it makes sense in the R1 zone to find 3 units attached throughout the city, and the staff felt it was a reasonable chance to change it back. 4 City Council Meeting Minutes December 8, 2022 Director Cramer moved on to the next change that discussed the employees allowed for home occupation daycares. Director Cramer explained that home occupations are designed with a standard so that residential areas, keep residential character, and one of the conditions for in-home business, is that no outside employees (that don’t live at the residence) can work at the home occupation. Director Cramer stated that the experience with Covid and rising housing costs and inflation is that daycare is a critical service, and in-home daycares are a challenge without outside help. Director Cramer explained that this Code would allow an in-home daycare to have 1 employee that doesn’t reside at the residence, and there was a concern raised by the Commission about parking, but the way the parking was addressed wasn’t pertinent to the change being made. The concern appeared that they were allowing more children to be provided for at the residences than they previously had allowed, and that is not the case. Director Cramer stated that any home running a daycare can do a family daycare (1-6) or a group daycare (6-12), and that amount doesn’t change. Director Cramer feels the confusion was that the zoning code regulates some aspects of daycare, and you also have other codes, building, and fire codes that have a role in daycares, and the City has a separate daycare ordinance that talks specifically about provider-to-children ratio, and this change to allow an employee in the home would not put a home in a state that it could grow beyond the 12 kids despite the ratios. Director Cramer feels this is a reasonable accommodation for daycare providers that other communities are doing. Director Cramer moved to the residential units above the 1st Floor in the R&D Zone. P&Z recommended denial of that change due to some concerns about the language, and whether that should be allowed above a laboratory. Director Cramer stated that staff is concerned because the laboratory is a broad term that isn’t clearly defined, but Kerry Beutler (Assistant Planning Director) visited with the building official and confirmed that any use that would be on the main floor of a building that would have residences above it, there are building codes that would protect against insecure or unsafe conditions happening, so if there was a lab, the building and fire code would address any safety issues that would involve separation of those uses. Director Cramer feels comfortable that any of the safety concerns that were raised by the Commission were going to be addressed through other Codes, and it is appropriate to allow residences on the upper floors in that zone. Director Cramer pointed out that at the bottom of page 117, Table 11-2-3 the heading reads “Allowed Uses in Industrial and Special Purpose Zones” The table is labeled “Allowed uses in Industrial Zones” and then the table carries on with both industrial and special purpose. Director Cramer is recommending that the title be adjusted so it says, “Allowed uses in Industrial and Special Purpose Zones”. President Dingman wanted to understand the minutes in the packet and stated that there was a commissioner that thought that part of the Code Change was allowing from 6 children in the home daycare up to 12, and that was the thing he was uncomfortable with. Director Cramer agreed with President Dingman. Mayor Casper stated that a feature of this request by staff is to make changes according to the staff’s direction, rather than the Commission’s direction. Mayor Casper stated that the Commission is not going overboard or off the rails with concerns, but Staff has identified that other ordinances cover all the things, and everything doesn’t have to be solved within a single ordinance. Director Cramer stated that they value the recommendations and opinions the Commission gives, but this was a case that they felt that those recommendations were covered elsewhere, and it should be comforting in a sense that they do look at Code every year, and so if it turns out that they need to require parking for the employee that comes to the daycare, which was the concern, that can be done. Mayor Casper opened the hearing to the public for testimony. No one appeared in support or opposition. Mayor Casper closed the public hearing. 5 City Council Meeting Minutes December 8, 2022 Councilor Francis stated that overall, he thinks this set of changes is part of how you gradually make reality out of the Imagine IF Comprehensive Plan. Councilor Francis stated that the concept of the R&D Zone allowing residential on the upper floors is part of what will make the Innovative District work as a walkable, livable, workable, area of the city. Councilor Francis stated that as part of the walkable/livable the Zone R3A would now allow small food stores so people can walk to the store from their residences. Councilor Francis was concerned earlier when they said a lot of R3A coming up in the area on the north side of town. Councilor Francis feels it is important to realize the daycare issue is a community issue because when a daycare closes because of an illness of the owner of the daycare, it spins out into jobs in the business community because people must stay home to care for their child. Councilor Francis stated that the parks being labeled Public Space has been difficult because the National Parks Service thinks if it is labeled Parks, then they have to use it as a park, and that has prevented the city from doing some land and water conservation. Councilor Freeman stated that it is erroneous to expect a person who has daycare in their home to be there every day, and not be sick, not travel, etc. Councilor Freeman stated that when that daycare closes, it affects all the people that go there, their jobs, and their families. Councilor Freeman stated that they have been trying to find ways to ease the burden on daycare centers, and they have changed ordinances in other ways to help, and he is in support. Mayor Casper stated that on-street parking can be a problem in crowded neighborhoods, but it may be less of a problem than having a daycare closed. Councilor Francis clarified that Director Cramer’s comment about changing the title for the table is a mechanical thing and it doesn’t need to be added to the motion. Mayor Casper agreed. It was moved by Councilor Burtenshaw, seconded by Councilor Francis to Approve the Ordinance amending City Code Title 11, Zoning Code, 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 – Hally, Radford, Francis, Dingman, Burtenshaw, Freeman. Nay – None At the request of Mayor Casper, the City Clerk read the ordinance by title only: ORDINANCE NO. 3496 AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO; AMENDING TITLE 11, WITH LANGUAGE CONSISTENT WITH THE COMPREHENSIVE PLAN AND CITY CODE PROVISIONS; STANDARDIZING SETBACKS, BUFFERS AND DENSITY CALCULATIONS; MINOR CHANGES RELATED TO DWELLINGS, HOME DAY CARES, INTERNAL LANDSCAPING REQUIREMENTS FOR COMMERICAL PROPERTIES; RENAMING THE PARKS AND OPEN SPACE ZONE TO THE PUBLIC ZONE; PROVIDING SEVERABILITY, CODIFICATION, PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE. 2) Final Plat, Development Agreement, and Reasoned Statement of Relevant Criteria and Standards, Loock Subdivision Division 1. It was moved by Councilor Burtenshaw, seconded by Councilor Francis to Approve the Development Agreement for the Final Plat for Loock Subdivision Division 1 and give authorization for the Mayor and City Clerk to sign said agreement. The motion carried by the following vote: Aye – Freeman, Radford, Burtenshaw, Francis, Dingman, Hally. Nay – None 6 City Council Meeting Minutes December 8, 2022 It was moved by Councilor Burtenshaw, seconded by Councilor Francis to Accept the Final Plat for Loock Subdivision Division 1 and give authorization for the Mayor, City Engineer, and City Clerk to sign said Final Plat. The motion carried by the following vote: Aye – Dingman, Radford, Francis, Burtenshaw, Hally, Freeman. 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 Loock Subdivision Division 1 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 3) Final Plat, Development Agreement, and Reasoned Statement of Relevant Criteria and Standards, Loock Subdivision Division 2. It was moved by Councilor Burtenshaw, seconded by Councilor Francis to Approve the Development Agreement for the Final Plat for Loock Subdivision Division 2 and give authorization for the Mayor and City Clerk to sign said agreement. The motion carried by the following vote: Aye – Burtenshaw, Hally, Radford, Dingman, Freeman, Francis. Nay – None It was moved by Councilor Burtenshaw, seconded by Councilor Francis to Accept the Final Plat for Loock Subdivision Division 2 and give authorization for the Mayor, City Engineer, and City Clerk to sign said Final Plat. The motion carried by the following vote: Aye – Hally, Radford, Francis, Dingman, Burtenshaw, Freeman. 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 Loock Subdivision Division 2 and give authorization for the Mayor to execute the necessary documents. The motion carried by the following vote: Aye – Dingman, Burtenshaw, Francis, Freeman, Hally, Radford. Nay – None 6. Announcements Mayor Casper announced that this is a holiday month and there is a lot of travel, they had determined to have a Council meeting this week and next week, and the work sessions, there was a brief work session, and next week they have light business items, and Mayor Casper believes it is more responsible to hold one meeting, than two because of light agendas. Mayor Casper announced that she is open to communication after the meeting to guide in determination of a work session with business items, or an evening meeting with a bit of discussion. President Dingman stated that the open house for Airport Tenants is always a good time it will be in the meeting room behind the foyer area, near the board room. That is for all those that are part of the airport community. Mayor Casper stated that Saturday there is a fundraiser for the War Bonnet Association. Councilor Radford confirmed and stated that it might be too late to get tickets, as they are sold out. Mayor Casper reminded that next week is the UAMPS Annual meeting, in Salt Lake, next Wednesday in the morning. Mayor Casper announced that the Christmas Holiday will be observed on Monday the 26th. 7. Adjourned There being no further business, the meeting adjourned at 8:30 PM 7 City Council Meeting Minutes December 8, 2022 s/ Corrin Wilde s/Rebecca L. Noah Casper Corrin Wilde, City Clerk Rebecca L. Noah Casper, Mayor 8