City Council

680 Park Avenue City Council Meeting Idaho Falls, ID 83402 Minutes Thursday, September 14, 2023, 7:30 PM City Council Chambers 1. Call to Order Present: Councilor Radford, Councilor Hally, Councilor Freeman, Councilor Francis; and Councilor Burtenshaw Absent: Mayor Rebecca L. Noah Casper, Council President Ziel-Dingman Also present: All available Department Directors Randy Fife, City Attorney Corrin Wilde, City Clerk 2. Pledge of Allegiance Deputy Chief Jon Perry led those present in the Pledge of Allegiance. Public Comment Kathy Wells Joined the meeting virtually to provide public comment. Ms. Wells lives in Idaho Falls. Ms. Wells stated that she is excited about the Council passing this Noise Ordinance. She feels that it is not perfect but it is what this community needs and is a good start. Ms. Wells applauds the efforts put into this Ordinance. Barbara Thorn Joined the meeting virtually to provide public comment. Ms. Thorn lives in Idaho Falls. Ms. Thorn stated that she is in favor of this Noise Ordinance and feels that it is a down-to-earth and reasonable proposition that will improve the quality of life for Idahoans and hopes it is approved tonight. David Wingert joined the meeting virtually to provide public comment. Mr. Wingert stated that he agrees with everything that has been said already and would like to add that this Ordinance is very much needed in Idaho Falls. He feels the Police Department would be happy to have something like this to work with. Mr. Wingert stated that the Ordinance is a good start. He added that he would like to recommend a little more thought to the hours listed, specifically when noises are enforced and not enforced. He says the time frame of 12 am to 5 am for construction work and 12 am to 8 am for general things is a little too relaxed. Mr. Wingert stated that midnight is late for those INL (Idaho National Laboratory) workers who must get up early and catch a bus. Mr. Wingert feels 10:30 PM until 8 am for construction work. He says he feels 8 a.m. is early in a residential area. Mr. Wingert stated that he would like to have the hours looked at with a little more scrutiny and doesn’t feel it is quite right. However, Mr. Wingert says he does support the Ordinance very much.  680 Park Avenue City Council Meeting Idaho Falls, ID 83402 Minutes Councilor Hally stated that we did receive a written comment from Katie Stewart as well. Councilor Hally asked Council members if there were any items that any Council member wished to withdraw. Councilor Francis agreed that he would like to remove item C 3 2023 Impact Fee report and move to the regular agenda and would like to have Director Alexander explain for the public record the line referring to total fees outstanding. Councilor Francis requests this item be added to the Regular Agenda listed as 5. A. and all the following be adjusted down. Consent Agenda A. Police Department 1) School Resource Officer Agreement with Idaho Falls School District 91 B. Idaho Falls Power 1) Brookfield Renewable Trade Confirmation Agreements 2) Idaho Falls Power Board Meeting minutes – August Meeting C. Municipal Services 1) Idaho Falls Power Board Meeting Minutes - February and March Meetings 2) Treasurer’s Report for June 2023 D. Office of the City Clerk 1) License Applications Councilor Francis stated that there is a scrivener error on the memo for the Brookfield Renewable Trade Confirmation Agreement. He stated that the memo indicated that Legal did not review that contract. Councilor Francis stated that he did verify in a conversation with Mr. Fife on September 13th that this has been reviewed by the legal department. It was moved by Councilor Francis, seconded by Councilor Burtenshaw 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 Freeman, Radford, Burtenshaw, Francis, Hally. Nay – None 5. Regular Agenda A. Municipal Services 1) 2023 First Quarter Impact Fee Report Councilor Francis asked Director Alexander to explain to the public and Council the meaning of the Outstanding Fees which shows 1.9M Total Impact Fees Calculated Outstanding (First Quarter). Director Alexander stated that the current Impact Fee Ordinance requires Quarterly reports from the Impact Fee Administrator and presented it to the Council. Ms. Alexander stated that this report is for the first Quarter of this 2023/2024 calendar year. She says the reports take all the activity that happened in that  680 Park Avenue City Council Meeting Idaho Falls, ID 83402 Minutes Quarter from June 1, 2023, to August 31, 2023. The activity is broken out by category, multi-family, single-family, Industrial, Institutional office retail, and then also police, fire, parks and recreation, and transportation impact fees. Director Alexander stated that when someone submits a plan or some kind of development, they will submit it to the Community Development Services Department, and at that time if that project is eligible for impact fees those are calculated so that that developer knows what that fee will be when they come in to receive the permit. Director Alexander stated that the time the permit is requested is when the fee is paid. Director Alexander stated that when you see the outstanding number that is the activity that has been submitted to Community Development Services and is in various stages of review by city staff as well as the developer finalizing their plans. She says once the plans are finalized and the developer requests the permit that is when those fees are received. Councilor Francis stated that this is anticipated because of development coming down the line but they have not pulled building permits. Director Alexander agreed and noted that we could have a development that is submitted and it may be a year before the developer comes in and requests the permit and that is when the impact fees are to be paid. Councilor Francis wanted to verify that is not money going to the city that is unpaid. Director Alexander agreed. It was moved by Councilor Francis, seconded by Councilor Burtenshaw to accept that the 2023 First Quarter Impact Fee report. The motion was carried by the following vote: Aye – Councilors Radford, Freeman, Burtenshaw, Francis, Hally. Nay – None B. Parks and Recreation 1) Approval of the Concession Agreement Between KCR Adventures, LLC, and the City of Idaho Falls. Councilor Radford stated that he has been looking at the drawings and has been watching the development as he drives into town it appears that they are creating terraces and it doesn't appear that there is a link that you could walk up it. Councilor Radford asked if that was on purpose. Director Holm stated that on the South side of the hill according to the drawing all the terraces open to that side. He said there will be a way to get up to each terrace but they will not be connected in a switchback. Director Holm noted the reason for the terraces is really for maintenance and to be able to maintain turf and different landscaping areas in between. Councilor Radford stated that it appears in the drawings that they will be building up beyond the slope as well and they will be manufacturing snow and then creating different slides. Director Holm agreed. He said they will be building snow throughout the season and will be open from Thanksgiving time to around Easter. They will build a hill but they will also bring in scaffolding that they build on top to give a nice flat top and they will have the magic carpet that will attach and take the riders to the top. Councilor Radford thanked Councilor Burtenshaw for all her hard work on this project and the Parks and Recreation department for all the many months of work. Councilor Burtenshaw thanked Director Holm for everything he has done as well as other departments, such as Community Development Services, Public Works, and the City Attorney. Councilor Burtenshaw feels it is important to see so many departments and everyone working together on this to make it happen and feels it will be a great benefit to have this snow hill. Councilor Hally pointed out that this is a private sector that is building this and is a wonderful amenity to the community. He noted that part of the activities on the hill will be free of charge and other activities are at a reasonable price.  680 Park Avenue City Council Meeting Idaho Falls, ID 83402 Minutes It was moved by Councilor Radford, seconded by Councilor Burtenshaw to approve an agreement between KCR Adventures, LLC, and the City of Idaho Falls, whereas KCR Adventures will operate a winter sports venue in a portion of Ryder Park. The motion was carried by the following vote: Aye – Councilors Hally, Radford, Francis, Burtenshaw, Freeman. Nay -None. C. Idaho Falls Power 1) Ordinance Amending City Code Title 8, Chapter 13 to clarifying what are the City’s fiber network and service provider expectations. Councilor Freeman stated that what is on the agenda with our expansion of Idaho Falls Power and Fiber has prompted us to look at how our city code relates to that and found there are improvements that we need to make to the Ordinance. He said this has been discussed in our Power Board meetings as well. It was moved by Councilor Freeman, seconded by Councilor Radford to approve the amendments to Title 8, Chapter 13 clarifying the fiber network and service provider expectations under 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 – Councilors Burtenshaw, Francis, Freeman, Hally, Radford. Nay -None. At the request of Councilor Hally presiding as Council Chair, the City Clerk read the ordinance by title only: ORDINANCE NO. 3534 AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO; AMENDING TITLE 8, CHAPTER 13, REFINING THE CITY'S FIBER NETWORK AND THE CUSTOMER SERVICE EXPECTATIONS FOR INTERNET SERVICE PROVIDERS; AND PROVIDING SEVERABILITY, CODIFICATION, PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE. D. Public Works 1) Right of Way and Easement Vacation - Old Butte Road Stub Street Director Fredericksen stated that the vacation is being sought by the adjacent property owners to accommodate proposed development. The property is located on the east side of Old Butte Rd south of Broadway and north of Pancheri Dr. It was moved by Councilor Burtenshaw, seconded by Councilor Hally to approve the 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 Hally, Burtenshaw, Dingman, Freeman, Francis, Radford. Nay - None. At the request of Councilor Hally presiding as Council Chair, the City Clerk read the ordinance by title only:  680 Park Avenue City Council Meeting Idaho Falls, ID 83402 Minutes ORDINANCE NO. 3535 AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, PROVIDING FOR THE VACATIONS OF RIGHT-OF-WAY LOCATED WITHIN THE CITY OF IDAHO FALLS AND LEGALLY DESCRIBED IN SECTION I OF THIS ORDINANCE; PROVIDING THAT TITLE TO SAID VACATED RIGHT-OF­W A Y SHALL VEST AS SPECIFIED IN SECTION 2 OF THIS ORDINANCE; PROVIDING THAT THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT FROM AND AFTER PASSAGE, APPROVAL, AND PUBLICATION ACCORDING TO LAW. E. Community Development Services 1) Final Plat, Development Agreement, and Reasoned Statement of Relevant Criteria and Standards, East River Townhomes Division No. 1. Councilor Francis pointed out a discrepancy in the acreage for this final plat as listed on the Reasoned Statement of Relevant Criteria and Standards, Councilor Francis confused which final plat was being addressed and misspoke by giving the acreage for agenda item 5 E 2 Anderson Townhomes Division 1 instead of the East River Townhomes final plat. Director Sanner stood to correct Councilor Francis’ error. Director Sanner gave the Council the correct revised acreage for East River Townhomes Division 1. He stated that the Reasoned Statement for East River Townhomes Division 1 should read 28.400 acres as opposed the document in the agenda packet that reads 27.354 acres. It was moved by Councilor Burtenshaw, seconded by Councilor Francis to approve the Development Agreement for the Final Plat for East River Townhomes Division No. 1 and give authorization for the Mayor and City Clerk to sign said agreement summary. The motion was carried by the following vote: Aye – Councilors Hally, Radford, Francis, Burtenshaw, Freeman. Nay - None. It was moved by Councilor Burtenshaw, seconded by Councilor Francis to accept the Final Plat for East River Townhomes Division No. 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 Burtenshaw, Hally, Radford, Freeman, Francis. 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 East River Townhomes Division No. 1 with the adjustment of acreage being 28.4 and give authorization for the Mayor to execute the necessary documents. The motion was carried by the following vote: Aye – Councilors Hally, Francis, Radford, Burtenshaw, Freeman. Nay - None. 2) Final Plat, Development Agreement, and Reasoned Statement of Relevant Criteria and Standards, Anderson Townhomes Division No. 1. Councilor Burtenshaw stated that we will need to clarify the acreage again in the Reasoned Statement of Relevant Criteria.  680 Park Avenue City Council Meeting Idaho Falls, ID 83402 Minutes It was moved by Councilor Burtenshaw, seconded by Councilor Francis to approve the Development Agreement for the Final Plat for Anderson Townhomes Division No. 1 and give authorization for the Mayor and City Clerk to sign said agreement. The motion was carried by the following vote: Aye – Councilors Freeman, Radford, Burtenshaw, Francis, Hally. Nay - None. It was moved by Councilor Burtenshaw, seconded by Councilor Francis to accept the Final Plat for Anderson Townhomes Division No. 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, Freeman, Hally, Radford, Burtenshaw. 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 Anderson Townhomes Division No. 1 with the clarification that the property is 1.033 acres and give authorization for the Mayor to execute the necessary documents. The motion was carried by the following vote: Aye – Councilors Freeman, Francis, Hally, Radford, Burtenshaw. Nay - None. F. Municipal Services 1) Approval to Write-Off Unpaid Ambulance Service Accounts Director Pam Alexander stated that every year we go through the write-off process and try to get it done by September 30th to make our receivables year-end close as accurate as possible. This evening she is bringing forward the amount of $3,546,926.04 to reduce the Medicare and Medicaid allowable. She said when we have EMS service calls for Medicare and Medicaid patients we must bill with the published rates and then they are discounted back to the allowable rates, whether it be allowable under Medicare or Medicaid. That is approximately 57% of this total amount. The balance is the contractual arrangements we have with hospitals, collection agencies, deceased individuals with no known estate, and any individuals who have been awarded a bankruptcy and the approved hardships account. Director Alexander stated that this total amount is approximately 281 thousand dollars less than last year. That is with all the efforts from our ambulance committee which is chaired by our division Chief Jon Perry as well as Jennifer Strong from the Treasurer’s office and Maria Escobar from the Fire Department. Councilor Hally asked if there is a deductible on Medicare. Director Alexander stated that it depends on the benefits plan they have. Councilor Radford asked what attributes to the $300,000 improvement. Director Alexander stated that it is a collection effort. The Committee meets once a month and we meet with the collection agency (Professional Credit) quarterly and one thing we have been working with them on is the timing of things. During COVID we were able to leverage some of those checks coming in so we could help pay some of these bills for people that had an outstanding account. The collection agency Professional Credit can collect in all the States. Councilor Hally stated that it is important to realize that the City of Idaho Falls is audited and one requirement of an accurate audit is that your receivables are receivable and when they become non receivable you have to take action. It was moved by Councilor Freeman, seconded by Councilor Francis to approve the write-off of unpaid ambulance service accounts for the calendar service dates of 2019, 2020, 2021, and 2022 determined as past statute or uncollectible for a total of $3,546,926.04. The motion was carried by the following vote: Aye – Councilors Radford, Francis, Burtenshaw, Hally, Freeman. Nay - None.  680 Park Avenue City Council Meeting Idaho Falls, ID 83402 Minutes 2) Approval to Write-Off Unpaid Utility Service Accounts Director Alexander stated that this write-off for Unpaid Utility Services is something that they do every year. She said it is also a little less than last year's approved write-off request and is $281,522.40 which is less than 1 percent of the total utility bills. Director Alexander stated that these are accounts that are authorized through the write-off policy mentioned in the previous write-off request. This request is for the calendar years of 2018 – 2022. Councilor Francis thanked Director Alexander for working on this. He said all these utilities are city public services and feel this is pretty good considering this is for 4 years 2018 to 2022. It was moved by Councilor Francis, seconded by Councilor Burtenshaw to approve the write-off of $281,522.40 in unpaid utility service accounts which have been determined as uncollectible for the calendar years 2018-2022. The motion was carried by the following vote: Aye – Councilors Radford, Freeman, Burtenshaw, Francis, Hally. Nay - None. 3) Approval to Write-Off Unpaid Miscellaneous Revenue Accounts Director Alexander stated that these accounts are not utility service accounts and they are not EMS accounts. She said these accounts are similar to if there has been a traffic accident where some city property was damaged or it could be related to equipment. The uncollectible accounts are for the calendar years 2017 - 2022 and meet the terms of the City Service Delivery Account Write-Off Policy where no payment has been posted to the account within a four-year/five-year period; the City's contracted collection agency determined the account is uncollectible; the account is in the name of a deceased person with no known estate; or the Finance division or Department Director recommends an account write-off (in whole or part) because of hardship, collectability, payment schedule, difficulty of collection or another business reason. She stated that the total amount of write-off being requested is $38,391.77. It was moved by Councilor Francis, seconded by Councilor Burtenshaw to approve the write-off of $38,391.77 in unpaid miscellaneous revenue accounts which have been determined as uncollectible. The motion was carried by the following vote: Aye – Councilors Hally, Burtenshaw, Freeman, Francis, Radford. Nay - None. 4) Quote 23-14, Restoring Civic Center Basement Dressing Rooms, and Restrooms Director Alexander reminded Council members of the flood that happened on May 23rd this year. This request is to restore the Civic Center basement dressing rooms and restrooms to their original function following the May 23, 2023, flood to the facility in time for the fall performance season, beginning in October. On August 23, 2023, an opportunity to submit a quote was emailed to a minimum of three local vendors. The quote document included an opportunity for interested vendors for an on-site review of the project on Tuesday, August 29, 2023. Quotes were due on Friday, September 1, 2023, by 4:00 pm. The city received only one quote from Alan Clark Construction. Director Alexander stated that on September 1st we received correspondence and information from the city insurance company. She said they are going to be reviewing all these expenditures that we have and have informed us that we do have a $25,000 deductible for flood insurance and with that they will determine what they will be reimbursing the City. Councilor Francis wondered what the amount they would pay. Director Alexander  680 Park Avenue City Council Meeting Idaho Falls, ID 83402 Minutes stated that she believes they reimbursed everything less the $25,000 deductible but they have an adjuster looking at it now and will determine if the city was billed correctly and everything expended is reasonable and prudent. Councilor Freeman pointed out that it is the time of season coming up for the Civic Center and we need to get these dressing rooms and bathrooms in shape in the basement because that is where the people in the performances go so we need to get it done and we could not wait for the insurance company so we went ahead and started the process and it is good news that it sounds like they will be reimbursing us. It was moved by Councilor Francis, seconded by Councilor Burtenshaw to approve the quote received from Alan Clark Construction for a total of $132,055.00 to restore the dressing rooms and the restrooms in the basement of the Civic Center for the Performing Arts. The motion was carried by the following vote: Aye – Councilors Burtenshaw, Hally, Radford, Freeman, Francis. Nay - None. 5) Public Hearing for Proposed Fees for Fiscal Year 2023/24 Councilor Hally opened the public hearing. Director Alexander stated that unfortunately when we had a fee hearing on August 10th, we noticed earlier that day that 11 Public Works Water division fees were inadvertently left off the proposed fee schedule that was published in the paper as required by state statute. She said what we had to do was another 14-day notice in advance of a public hearing for these 11 water fees. If these fees are approved, they will be adopted on Thursday, September 28th, and will be effective 2023/24 fiscal year October 1, 2023. Councilor Hally requested that the proposed fee changes on the water corrections 2023 08 25 be included in the record. Councilor Hally asked for any members of the public who would like to speak regarding the fees. No one appeared. Councilor Hally asked that all attachments be included in the minutes of the public hearing. Councilor Hally closed the hearing. No action is required. Public hearing only. G. City Attorney 1) Noise Ordinance. Councilor Francis stated that he feels the premise here is that certain noises at certain times can be a public nuisance and the question is how to deal with that. Councilor Francis pointed out that what we have in front of us has been more than a year in the works and is a classic example of balancing public interest and compromising because we have a variety of needs and desires in the community and a variety of rights that have conflict. He said the balance of citizens desiring maintenance of a quiet community but understanding there are times when construction, music, and fireworks have a place. We have people involved in construction that may on occasion have to work (if we are not careful how we do this) in the middle of a hot day, making their work unhealthy for the individual workers and untenable. We have people who enjoy outdoor amplified music. We also have people who need to remove snow in the middle of the night so that the roads and parking lots are open to the public. Councilor Francis stated that other elements are part of this balancing and we have been working on it  680 Park Avenue City Council Meeting Idaho Falls, ID 83402 Minutes for a long time to make it as narrow as possible and deal with all the various groups as described and others. Councilor Radford appreciates all the effort that has gone into this, particularly from Councilor Francis. Councilor Radford wanted to understand if this is an infraction and if someone has more than a few it becomes a misdemeanor. He wanted to know what the worst-case scenario is for the offender; would they go to jail? Mr. Kirkham stated that if you are found guilty of an infraction twice within one calendar year. He said the third offense would be considered a misdemeanor, at that point you would be entitled to a jury trial and be found guilty by your peers of violating the noise Ordinance for the third time. The Judge then would have the option if you were found guilty of imposing a sentence. The maximum sentence for any of the city's misdemeanors is a $300 fine six months in jail or both. Councilor Radford was wondering if we could entertain a motion that included a sunset clause to revise this Ordinance and see how it's going. Councilor Radford is concerned that the midnight music might be able to get a permit to have a special event with loud music. He said if you follow the letter of the law then that music concert should be over at midnight. Mr. Kirkham stated that this would only limit audible noise creating a noise that you can hear 50 feet from the property line that the sound is emanating from. Councilor Francis stated that the police do use their judgment but this helps them use their judgment and that is why this is so carefully crafted within several meetings with Captain Tisdale trying to make sure it would work with the police. Councilor Francis said that he understood from the police department that the current Noise Ordinance references disturbing the peace is too vague for the police and it is easier if we give them time. It was the consensus of the Council to not include the Sunset Clause however Staff will bring the Ordinance back to the Council in a year and a month from now. It was moved by Councilor Francis, seconded by Councilor Burtenshaw to approve the Ordinance amending Title 5, Chapter 5 by adding Section 9 prohibiting nuisance noises to regulate the time, place, and manner of noise generated by a variety of activities and establishing penalties for violations, under a suspension of the rules requiring three complete and separate readings and that it be read by title and published by summary. The motion was carried by the following vote: Aye – Councilors Burtenshaw, Francis, Freeman, Hally, Radford. Nay - None. At the request of Councilor Hally presiding as Council Chair, the City Clerk read the ordinance by title only: ORDINANCE NO. 3536 AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO; AMENDING TITLE 5, CHAPTER 4 BY ADDING SECTION 9 PROHIBITING NUISANCE NOISES TO REGULATE THE TIME, PLACE, AND MANNER OF NOISE GENERATED BY A VARIETY OF ACTIVITIES; ESTABLISHING PENALTIES FOR VIOLATIONS; PROVIDING SEVERABILITY, CODIFICATION, PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE. 2) Changes to Certain On-street or Alley Parking Time Limits. City Attorney Randy Fife stated that the Ordinance change came up because of some parking disputes and a parking ticket that was written last year. Mr. Fife stated that when he reviewed the Ordinance, he  680 Park Avenue City Council Meeting Idaho Falls, ID 83402 Minutes felt the language itself wasn’t clear in what was trying to be regulated. He said the current Ordinance doesn’t separate a vehicle from a motor vehicle or a trailer and this will just clean up what he believes the intent in the code has been for many years which is to regulate what vehicle can be parked on city streets outside of the downtown area and what is expected of a motorhome and what is expected of a trailer. This cleans it up so that it makes sense. It was moved by Councilor Radford, seconded by Councilor Freeman to approve the Ordinance regulating on-street and alley parking of vehicles 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 Francis, Freeman, Hally, Radford, Burtenshaw. Nay - None. At the request of Councilor Hally presiding as Council Chair, the City Clerk read the ordinance by title only: ORDINANCE NO. 3537 AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO; AMENDING TITLE 9, CHAPTER 4, DEFINING AND REGULATING STORAGE OF MOTOR VEHICLES, MOTORHOMES, AND TRAILERS ON PUBLIC STREETS AND ALLEYS; AND PROVIDING SEVERABILITY, CODIFICATION, PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE. 3) Clarifying the use of pronouns in the City Code and exempting City employees and agents from prosecution for City Code violations when acting reasonably within the course of employment. Randy Fife stated that these changes are at the beginning of our code. Mr. Fife stated that in reviewing the City's continuing commitment to diversity, equity, inclusivity, and accessibility relative to grants that we apply for and initiatives that the Federal Government has. It appeared that a little bit of change for pronouns could be done to avoid a discussion or a concern or a feeling of discrimination by those who don’t agree that they are of a certain gender and so this makes it neutral to have pronouns that are meant to apply to any individual regardless of how they self-identify or how they are identified by others. Mr. Fife stated that another feature of this Ordinance is it changes a little bit about what happens when city workers/agents violate city codes as part of what they do for their job. Mr. Fife indicated that this would apply to things that are not egregious and things that are in the course and scope of their employment and are acting on behalf of the city and reasonably within the course and scope of what their task is rather than them being subject to prosecution but not have a penalty, they will not be prosecuted. Councilor Francis stated that when we discussed months ago the idea of pronouns in all our code, we were on a direction that as we modified Ordinances or created new ones, we would use neutral pronouns and wanted to know if this current proposal changed that goal. Mr. Fife stated that it does not change that goal but we use the word gender and gender has been the subject of discussion and some people believe they don't have a gender. Just taking the word out and saying it applies to all people regardless of sex, gender, gender identity, and gender expression makes it even more clear that what the Council is trying to accomplish in this code is neutrality.  680 Park Avenue City Council Meeting Idaho Falls, ID 83402 Minutes It was moved by Councilor Radford, seconded by Councilor Burtenshaw to approve the Ordinance clarifying the neutral use of pronouns in the City Code and exempting City employees and agents from City Code violation when acting reasonably with the course of employment 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, Radford, Freeman, Francis. Nay - None. At the request of Councilor Hally presiding as Council Chair, the City Clerk read the ordinance by title only: ORDINANCE NO. 3538 AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO; AMENDING TITLE 1, CHAPTER 3, TO CLARIFY USE OF PRONOUNS IN CITY CODE; AMENDING TITLE 1, CHAPTER 4, TO CLARIFY EXEMPTION FROM PROSECUTION FOR CITY CODE VIOLATIONS FOR CITY EMPLOYEES AND AGENTS ACTING REASONABLY WITHIN COURSE AND SCOPE OF AUTHORITY; AND PROVIDING SEVERABILITY, CODIFICATION, PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE. 4) Clarification that the City Forester is authorized to enforce City Code provisions regulating public and private tree public nuisances Mr. Fife stated that looking at the Code it was unclear to people who are involved, who is responsible ultimately for the clearing of public nuisance related to our city forest (trees and shrubs). This makes it clear that public nuisances that are related to trees and shrubs are under the jurisdiction of Forester's decision-making. Mr. Fife gave some examples of what some of those nuisances may be including high weeds, tree limbs, and diseased trees are examples of some kinds of things that are in that chapter. It was moved by Councilor Radford, seconded by Councilor Freeman to approve the Ordinance clarifying that the City Forester is authorized to enforce City Code provisions regulating public and private tree public nuisances 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 Hally, Francis, Radford, Burtenshaw, Freeman. Nay - None. At the request of Councilor Hally presiding as Council Chair, the City Clerk read the ordinance by title only: ORDINANCE NO. 3539 AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO; AMENDING TITLE 8 CHAPTER 9, TO CLARIFY THE ROLE AND AUTHORITY OF THE IDAHO FALLS CITY FORESTER AND TO ALIGN AND CORRECT INTERNAL CODE REFERENCES TO THE CITY CODE, CODIFICATION, PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE.  680 Park Avenue City Council Meeting Idaho Falls, ID 83402 Minutes 5) Defining the word “quorum” and applying it to City public meetings and actions of the Council and City boards, committees, and commissions. This Ordinance defines the word and concept of a "quorum" and applies it consistently to the various operations and decisions made by the Council and various City boards, committees, and commissions, to sustain confidence in City decisions and compliance with State open meetings requirements. Mr. Fife explains to meet the requirement for the Open Meetings Law a quorum must be formed to have a public meeting. He indicated that sometimes there is confusion when you have a board and there are vacant positions and whether or not the vacant positions are counted or not counted when deciding whether you have half plus one. He says sometimes people don’t know what is meant by a quorum. Mr. Fife feels that this will make it more clear how you count people for a quorum. It was moved by Councilor Radford, seconded by Councilor Freeman to approve the Ordinance defining the word “quorum” and applying it to City public meetings and actions 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 Freeman, Radford, Burtenshaw, Francis, Hally. Nay - None. At the request of Councilor Hally presiding as Council Chair, the City Clerk read the ordinance by title only: ORDINANCE NO. 3540 AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO; AMENDING TITLE I, CHAPTER 3, TO DEFINE "QUORUM" AND CONFORMING TITLE 2, CHAPTERS l THROUGH 12 WITH SUCH DEFINITION; AND PROVIDING SEVERABILITY, CODIFICATION, PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE. 6) An Ordinance clarifying that the Board of Adjustment considers appeals of the City Building Official’s decisions and reducing the number of Board members from seven to five. This Ordinance clarifies that a duty of the City’s Board of Adjustment includes consideration of any appeal of the City Building Official’s decisions regarding a City-adopted building code, e.g., a City- adopted code promulgated by the International Code Council or a similar construction-related City Code. Appeals otherwise authorized by the Code will not be considered by the Board of Appeals. Reduction of the number of Board members from seven (7) to five (5) should make convening a quorum easier without compromising Board decision-making. It was moved by Councilor Radford, seconded by Councilor Freeman to approve the Ordinance clarifying that the Board of Adjustment considers appeals of the City Building Official's decisions, and reducing the number of Board members from seven to five 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 Hally, Radford, Francis, Burtenshaw, Freeman. Nay - None.  680 Park Avenue City Council Meeting Idaho Falls, ID 83402 Minutes At the request of Councilor Hally presiding as Council Chair, the City Clerk read the ordinance by title only: ORDINANCE NO. 3541 AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO; AMENDING TITLE 2, CHAPTER 3, TO ESTABLISH THE BOARD OF ADJUSTMENT AS THE BODY TO CONSIDER APPEALS OF THE BUILDING OFFICIAL'S DECISIONS; REDUCE BOARD MEMBERSHIP TO FIVE; ELIMINATE THE REQUIREMENT THAT AT LEASE ONE BOARD MEMBER ALSO BE A MEMBER OF PLANNING AND ZONING COMMISSION; AND PROVIDING SEVERABILITY, CODIFICATION, PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE. 7) Ordinance amending War Bonnet Roundup Rodeo Advisory Committee membership The City’s relationship with the Shoshone Bannock Tribes is precious and vital to the continuing success of the War Bonnet Roundup Rodeo. Currently, the War Bonnet Roundup Rodeo Advisory Committee requires that a member of the Shoshone Bannock Tribes be designated as one of its voting members. This requirement appears to have inadvertently and unnecessarily burdened the Tribes, which have asked that it be changed to allow Advisory Committee membership to be optional rather than required. The Ordinance honors the Tribes’ request and also streamlines language regarding Advisory Committee members’ breadth of knowledge. Councilor Francis stated that he wanted to read a couple of the WHEREAS recitals from the Ordinance into the record. The following are the items read by Councilor Francis: WHEREAS, the Tribes' support and participation in the War Bonnet Roundup brings to the event an irreplaceable richness, context, and heritage; and WHEREAS, it is the Council's strong and sincere desire that the Tribes continue to contribute their wisdom, passion, cultural richness, talents, and enthusiasm to the City, the greater community, and the War Bonnet Roundup Rodeo. Councilor Francis wants to emphasize that we welcome representatives from the Tribal Business Council to be part of the advisory committee but if this passes, that decision will be in their hands to make that decision. He stated that we very much want the tribes to be part of the Rodeo. Mr. Fife stated that he misunderstood what the origin of the change was. On Monday (Work Session) he indicated that he thought that the tribes had asked for that change and that was corrected. He said he amended the recital but can see that the memo is still incorrect. He indicated that the memo still says that the tribe asked for the change and he does not believe that is correct as this was a conversation that was initiated by the city. Mr. Fife would like the record to reflect that the Ordinance is correct it is just the memo that did not get updated to reflect the correct explanation of the reason for the change. It was moved by Councilor Radford, seconded by Councilor Francis to approve the Ordinance amending War Bonnet Roundup Rodeo Advisory Committee membership under a suspension of the rules requiring three complete and separate readings, request that it be read by title and published by summary. The  680 Park Avenue City Council Meeting Idaho Falls, ID 83402 Minutes motion was carried by the following vote: Aye – Councilors Burtenshaw, Francis, Freeman, Hally, Radford. Nay - None. At the request of Councilor Hally presiding as Council Chair, the City Clerk read the ordinance by title only: ORDINANCE NO. 3542 AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO; AMENDING TITLE 2, CHAPTER 4, REVISING THE STRUCTURE OF THE WAR BONNET ROUNDUP RODEO ADVISORY COMMITTEE; AND PROVIDING SEVERABILITY, CODIFICATION, PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE. 3. Announcements Councilor Francis emphasized that September 29th is City Day for the delegation from Tokai- Mura coming to Idaho Falls. He noted that at the Sister Cities Committee meeting this afternoon they emphasized that in Japan when the US delegation enters their Council room there is a standing ovation from the Council members and staff and is appreciated. He asked that anyone who can be at City Hall in the morning to take pictures would really be appreciated by the people coming from Japan. 4. Adjournment. There being no further business, the meeting adjourned at 9:13 PM s/ Corrin Wilde s/Rebecca L. Noah Casper Corrin Wilde, City Clerk Rebecca L. Noah Casper, Mayor +