City Council

680 Park Avenue City Council Meeting Idaho Falls, ID 83402 Minutes Thursday, August 24, 2023, 7:30 PM City Council Chambers 1. Call to Order Present: Mayor Rebecca L. Noah Casper, Council President Michelle Ziel-Dingman, Councilor Radford (Virtually), Councilor Hally, Councilor Freeman, Councilor Francis; and Councilor Burtenshaw Also present: All available Department Directors Randy Fife, City Attorney Corrin Wilde, City Clerk 2. Pledge of Allegiance Mayor Casper led those present in the Pledge of Allegiance. Public Comment No one appeared. Consent Agenda A. Idaho Falls Power 1) 2023-2025 EICAP Energy Efficiency Agreement B. Public Works 1) Bid Award - 15th Street and Lee Avenue Storm Drain Improvements C. Office of the City Clerk 1) Minutes from Council Meetings 2) License Applications Councilor Radford stated that because there is an item on the consent agenda that is between Idaho Falls Power and Eastern Idaho Community Action Partnership and because he is the CEO of EICAP he is recusing himself from this portion and will not vote tonight. It was moved by President Ziel -Dingman, seconded by Councilor Francis to approve, accept, or receive all items on the Consent Agenda according to the recommendations presented. The motion was carried by the following vote: Aye – Councilors Francis, Dingman, Freeman, Hally, Burtenshaw. Nay – None. Abstain – Councilor Radford.  680 Park Avenue City Council Meeting Idaho Falls, ID 83402 Minutes 5. Regular Agenda A. Public Works 1) Agreement with the Local Highway Technical Assistance Council (LHTAC) for replacing the Emerson Bridge over the Butte Arm Canal Attached for your consideration is an Agreement with LHTAC to replace the Emerson Bridge over the Butte Arm Canal. The proposed project is part of the Leading Idaho Bridge Program. Assistant Director Chris Canfield appeared. Mr. Canfield stated that the Governor implemented a bridge replacement program recently with surplus state funds and is a direct state project. Mr. Canfield stated that the Emerson bridge project has been on our radar on our bridge inspections report for some time and it has a bit of a sag on the west sidewalk is showing age and is ready for replacement. He said there is no cost share on behalf of the city as a local sponsor with this program and LHTAC would administer multiple bridge bundle projects with designs of multiple projects and administer construction projects throughout the state. Councilor Hally stated that the plan is to widen 65th Street, Mr. Canfield agreed, but he noted that it is not a road widening project currently. Mr. Canfield stated that with the bridge replacement project, we will widen the structure to match the future alignment that is desired. Mr. Canfield stated that with the 65th Northbridge, there are two bridge programs including the Federal Aid bridge program that we initiated a Resolution on back in February and we qualified to replace that structure. Mr. Canfield says he applied for that because he didn't know that the state program was just to replace the structure in the width that currently exists. Mr. Canfield stated that since then LHTAC has verified that they can widen the structure under the state program. He says it's a better deal for the city to go under the state program because it's less match responsibly and saves a half million dollars by not going with the Federal program and we get our bridge replaced a little sooner. Mr. Canfield stated the bridge will be widened and the road will come with development. It was moved by Councilor Burtenshaw, seconded by Councilor Hally, to approve the Agreement with LHTAC for replacing the Emerson Bridge over the Butte Arm Canal and authorization for the Mayor and City Clerk to sign the documents. The motion was carried by the following vote: Aye – Councilors Freeman, Francis, Hally, Radford, Burtenshaw, Dingman. Nay -None. 2) Agreement with the Local Highway Technical Assistance Council (LHTAC) for replacing the 65th North Bridge over the Idaho Canal It was moved by Councilor Hally, seconded by Councilor Burtenshaw to approve the Agreement with LHTAC for replacing the 65th North Bridge over the Idaho Canal and authorize the Mayor and City Clerk to sign the necessary documents. The motion was carried by the following vote: Aye – Councilors Dingman, Radford, Francis, Burtenshaw, Hally, Freeman. Nay -None. 3) Easement Vacation - First Amended Snake River Landing Addition, Division 15. Assistant Director Chris Canfield stated that this item is on the Snake River Landing development parcel. He said it is close to the Heritage Park project where there was a power line relocation to accommodate the development along the park as well as coordinate with development activities in the area. He said  680 Park Avenue City Council Meeting Idaho Falls, ID 83402 Minutes this is a vacation requested by the property owner and is a power line easement vacation and has been reviewed by public works as well as Idaho Falls Power has acknowledged it and everyone is on board with it and recommends approval. It was moved by Councilor Burtenshaw, seconded by Councilor Hally 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. The motion was carried by the following vote: Aye – Councilors Radford, Freeman Burtenshaw, Francis, Dingman, Hally. Nay - None. At the request of Mayor Casper, the City Clerk read the ordinance by title only: ORDINANCE NO. 2023- 3530 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. B. Municipal Services 1) Adoption of the 2023/24 Fees, Including New Fees, and Fee Increases Director Pam Alexander stated the reason we have this item for consideration first is because those Fees are a copulation of the actual budget. Director Alexander stated that we did have a public hearing on August 10th and during the public hearing it was revealed that there were a few fees that were inadvertently left off the Fee Schedule and those fees will have to go through a public hearing process again and issue a 14-day notice. Director Alexander stated that we will be considering those fees that were inadvertently left off on September 14th at a public hearing. She said the purpose of this evening is to review and approve the fees that we did review at the public hearing on August 10th. It was moved by Council President Dingman, seconded by Councilor Francis to Adopt the 2023/2024 fee resolution. The motion was carried by the following vote: Aye – Councilors Hally, Burtenshaw, Dingman, Freeman, Francis, Radford. Nay - None. RESOLUTION NO. 2023-16 A RESOLUTION OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, ADOPTING A SCHEDULE OF REVISED FEES FOR SERVICES PROVIDED AND REGULARLY CHARGED AS SPECIFIED BY CITY CODE; AND PROVIDING THAT THIS RESOLUTION BE EFFECTIVE UPON ITS PASSAGE, APPROVAL, AND PUBLICATION ACCORDING TO LAW. 2) Adoption of the 2023/24 Fiscal Year Budget Ordinance Director Alexander stated that this evening they are looking to adopt the 2023/24 fiscal year budget for $339,533,522.  680 Park Avenue City Council Meeting Idaho Falls, ID 83402 Minutes It was moved by Councilor Francis, seconded by Councilor Freeman to Adopt the 2023/24 fiscal year budget in the amount of $339,533,522 and approve the attached appropriations ordinance appropriating monies to and among various funds, 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 was carried by the following vote: Aye – Councilors Burtenshaw, Hally, Freeman, Francis. Nay – Councilors Radford, Dingman. At the request of Mayor Casper, the City Clerk read the ordinance by title only: ORDINANCE NO. 3531 THE ANNUAL APPROPRIATION ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, FOR THE PERIOD COMMENCING OCTOBER 1, 2023, AND ENDING SEPTEMBER 30, 2024, APPROPRIATING AND APPORTIONING THE MONIES OF SAID CITY TO AND AMONG THE SEVERAL FUNDS OF SAID CITY AND DESIGNATING THE PURPOSE FOR WHICH SAID MONIES MAY BE EXPENDED; SPECIFYING THE AMOUNT OF MONEY PAID BY PROPERTY TAX TO BE APPROPRIATED TO SAID FUNDS; AND PROVIDING WHEN THE ORDINANCE SHALL BECOME EFFECTIVE. 3) Declare a Sole Source Expenditure and Ratify the Approval of the Repair of the Idaho Falls Civic Center for the Performing Arts Gala Orchestra Pit Lift Repair. Director Alexander stated on the August 10th Council Agenda regarding the request to receive a quote to fix the Idaho Falls Civic Center for the Performing Arts pit lift in the amount of $232,000. Director Alexander stated that one of the things that they neglected to do as part of that action was highlight the emergency statute that allowed us to remove the water from the pit lift as well as designate the Sole Source to bring the vendor back out to install the pit lift and make those repairs. Director Alexander stated this item before you this evening is to declare a Sole Source expenditure to Gala Systems, Inc. and Ratify the approved repair of the Gala Orchestra pit lift at the Idaho Falls Civic Center for the Performing Arts. Councilor Radford wanted to know if the city has flood insurance and if this would be covered by insurance. Director Alexander stated that because this was such a rare and unique storm our insurance company declined it because it was an act of God. Director Alexander stated because of the volume of water and the fast pace in a short period the water overwhelmed the drainage in the parking lot at the Civic. She said the water went down the stairs and breached the door and there was over 5 feet of water within a very short period. Mayor Casper noted that no system failed it was just more water than the system was ever designed for. It was moved by Council President Dingman, seconded by Councilor Francis to Declare that Gala Systems, Inc., is the only vendor that can perform repairs necessary to protect the Idaho Falls Civic Center's Pit Lift and that the expenditure is immediately required to safeguard the Idaho Falls Civic Center for the Performing Arts operations and ratify the purchase order in the amount of $232,000. The motion was carried by the following vote: Aye – Councilors Francis, Dingman, Freeman, Hally, Radford, Burtenshaw. Nay - None.  680 Park Avenue City Council Meeting Idaho Falls, ID 83402 Minutes 4) Declare a Response to an Emergency and Ratify Emergency Restoration Services at the Idaho Falls Civic Center for the Performing Arts. Director Alexander stated that this item is to declare an emergency as well as Ratify expenditures. Director Alexander says that with the amount of water, the city called restoration companies and the first company that was able to respond came within an hour to the City Hall building and then went over to the Civic. Ms. Alexander noted that she did attach some pictures and stated that you see the amount of damage that there was it was very prudent that city staff call a restoration company as it was an emergency. Director Alexander stated that this item declares the flooding of the Idaho Falls Civic Center as an emergency and requires immediate expenditure of public money pursuant to Idaho code 67-2808 and ratify the emergency services performed by Tobin Restoration for a total of $123,636.91. It was moved by Council President Dingman, seconded by Councilor Francis to Declare that the flooding of the Idaho Falls Civic Center was an emergency that necessarily demanded the immediate expenditure of public money pursuant to Idaho Statute §67-2808, and ratify the emergency restoration services performed by Tobin Restoration at the Idaho Falls Civic Center for the Performing Arts for a total of $123,636.91. The motion was carried by the following vote: Aye – Councilors Freeman, Francis, Hally, Radford, Burtenshaw, Dingman. Nay - None. C. Community Development Services 1) Legislative Public Hearing-Part 1 of 2 of the Annexation and Initial Zoning-Annexation Ordinance and Reasoned Statement of Relevant Criteria and Standards for 16.302 acres in the SE ¼ of Section 6, NE ¼ of Section 7, Township 2 North, Range 38 East 2) Legislative Public Hearing-Part 2 of 2 of the Annexation and Initial Zoning of LC, Limited Commercial with the Controlled Development Airport Overlay Zone, Initial Zoning Ordinance and Reasoned Statement of Relevant Criteria and Standards for 16.302 acres of the SE ¼ of Section 6, NE ¼ of Section 7, Township 2 North, Range 38 East. Mayor Casper opened the public hearing and ordered all items presented to be entered into the record. She requested an applicant presentation. Applicant Blake Jolley with Connect Engineering 2295 N Yellowstone Hwy Suite 6. Mr. Jolley stated that the request tonight for annexation into the city. He said it is a category A annexation and is 16.302 acres adjacent to the City of Idaho Falls on the North side of Idaho Falls and NW of Bish's RV and E of the INL (Idaho National Laboratory). Mr. Jolley stated on the comprehensive plan the property is a mixed-use zone and the zone of LC would fit well in that area to be able to provide different opportunities there. He said at this point no project is being considered and feels that it will be a good opportunity for the property owner to figure out what they want to do with it. Director Sanner appeared and presented a slide presentation. Mr. Sanner stated this request is for approximately 16.3 acres to be annexed into the city with a zoning designation of LC, Limited  680 Park Avenue City Council Meeting Idaho Falls, ID 83402 Minutes Commercial. Director Sanner presented slide-1 an aerial view of the property lines and described the location as being East of North Boulevard and East 33rd Street intersection and it borders to the South butting up against the South to Hwy 20. Slide -2 Zoning of surrounding properties. He noted the property to the North is still in the County. Slide 3 refers to the comprehensive plan showing the property as a mixed-use transect encouraging a mixture of commercial and residential which the LC allows. Director Sanner stated that as part of this annexation, we are getting the full right of way for 33rd Street. Mr. Sanner stated for the Airport Compatibility land use this is listed as controlled development and it does not impact the annexation. Mr. Sanner stated that this is a very straightforward annexation and meets what the comprehensive plan transect shows of a mixed-use zone. Mayor Casper requested any public comment. She reiterated this annexation is straightforward. No one appeared. Mayor Casper closed the public hearing. It was moved by Councilor Burtenshaw, seconded by Councilor Francis to approve the Ordinance annexing 16.302 acres in the SE ¼ of Section 6, NE ¼ of Section 7, Township 2 North, Range 38 East, assign a Comprehensive Plan Designation of “Mixed-Use Center and Corridors”, and under a suspension of the rules requiring three complete and separate readings, request that it be read by title and published by summary. The motion was carried by the following vote: Aye–Dingman, Radford, Francis, Burtenshaw, Hally, Freeman. Nay - None. At the request of Mayor Casper, the City Clerk read the ordinance by title only: ORDINANCE NO. 3532 AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO; PROVIDING FOR THE ANNEXATION OF APPROXIMATELY 16.302 ACRES DESCRIBED IN EXHIBIT A OF THIS ORDINANCE, AMENDING THE LEGAL DESCRIPTION OF THE CITY WITH THE APPROPRIATE COUNTY AND STATE AUTHORITIES; AND PROVIDING SEVERABILITY, PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE. It was moved by Councilor Burtenshaw, seconded by Councilor Francis to approve the Reasoned Statement of Relevant Criteria and Standards for the annexation of 16.302 acres in the SE ¼ of Section 6, NE ¼ of Section 7, Township 2 North, Range 38 East and give authorization for the Mayor to execute the necessary documents. The motion was carried by the following vote: Aye – Radford, Freeman, Burtenshaw, Francis, Dingman, Hally. Nay - None. It was moved by Councilor Burtenshaw, seconded by Councilor Francis to approve the Ordinance establishing the initial zoning of LC, Limited Commercial with the Controlled Development Airport Overlay Zone as shown in the Ordinance exhibits under a suspension of the rules requiring three complete and separate readings and request that it be read by title and published by summary, that the City limits documents be amended to include the area annexed herewith, and that the City Planner be instructed to reflect said annexation, amendment to the Comprehensive Plan, and initial zoning on the Comprehensive Plan and Zoning Maps located in the Planning office. The motion was carried by the following vote: Aye–Hally, Burtenshaw, Dingman, Freeman, Francis, Radford. Nay - None.  680 Park Avenue City Council Meeting Idaho Falls, ID 83402 Minutes At the request of Mayor Casper, the City Clerk read the ordinance by title only: ORDINANCE NO. 3533 AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO; PROVIDING FOR THE INITIAL ZONING OF APPROXIMATELY 16.302 ACRES DESCRIBED IN EXHIBIT A OF THIS ORDINANCE AS LC, LIMITED COMMERCIAL WITH THE CONTROLLED DEVELOPMENT AIRPORT OVERLAY ZONE; AND PROVIDING SEVERABILITY, PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE. It was moved by Councilor Burtenshaw, seconded by Councilor Francis to approve the Reasoned Statement of Relevant Criteria and Standards for the initial zoning of LC, Limited Commercial with the Controlled Development Airport Overlay Zone and give authorization for the Mayor to execute the necessary documents. The motion was carried by the following vote: Aye – Councilors Burtenshaw, Hally, Radford, Dingman, Freeman, Francis. Nay - None. 3) Final Plat, Development Agreement, and Reasoned Statement of Relevant Criteria and Standards, Virlow Village Division 1. Director Sanner is referring to the site plan that is in the Council packet. He said this is an infill development and there is a provision in our city code 11-2-6 p7. Director Sanner stated that typically the lot size should be 150-foot-long lots and this provision allows for a reduction of the lot size and that is why the length of these lots is less than 150. Director Sanner noted that the reason the lot lines look a little different on the plat is because per the access management plan that we have in the city, there is only allowed one access onto 1st Street and that drives how the lot is laid out. He said with the one access point as opposed to each townhome having an access point. You come off 1st Street you come into this internal drive that is prescribed on the plat as an access easement to allow the residents to access their homes and garage. He said that we have the internal drive and because of the radius that is required for a fire truck it shifted all the garages to the left and that is why you will see the property lines come straight then make a slight angle and straighten out again. He said there is also an access easement on the south of lots 1 and 2 which does not have cross property access. It was moved by Councilor Burtenshaw, seconded by Councilor Francis to approve the Development Agreement for the Final Plat for Virlow Village Division 1 and give authorization for the Mayor and City Clerk to sign said agreement. The motion was carried by the following vote: Aye – Councilors Dingman, Burtenshaw, Francis, Freeman, Hally, Radford. Nay - None. It was moved by Councilor Burtenshaw, seconded by Councilor Francis to accept or Approve the Final Plat for Virlow Village Division 1 and give authorization for the Mayor, City Engineer, and City Clerk to sign said Final Plat. The motion was carried by the following vote: Aye – Councilors Francis, Dingman, Freeman, Hally, Radford, Burtenshaw. Nay - None.  680 Park Avenue City Council Meeting Idaho Falls, ID 83402 Minutes 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 Virlow Village Division 1 and give authorization for the Mayor to execute the necessary documents. The motion was carried by the following vote: Aye – Councilors Burtenshaw, Hally, Dingman, Radford, Freeman, Francis. Nay - None. 3. Announcements Mayor Casper stated that September 11th is our next Work Session and before that September 4th is Labor Day. She noted that is time for the Eastern Idaho State Fair and back to school for the kids. 4. Adjournment. There being no further business, the meeting adjourned at 8:20 PM s/ Corrin Wilde s/Rebecca L. Noah Casper Corrin Wilde, City Clerk Rebecca L. Noah Casper, Mayor +