City Council

Tuesday, November 26, 2024, 7:30 PM City Council Chambers 1. Call to Order Present: Mayor Rebecca L Noah Casper, Council President Burtenshaw, Councilor Radford, Councilor Ziel-Dingman, Councilor Freeman, Councilor Francis; and Councilor Larsen Also present: All available Department Directors Micheal Kirkham, City Attorney Corrin Wilde, City Clerk 2. Pledge of Allegiance Tim Reinke, Operations Manager for Pinecrest Golf Course, led those present in the Pledge of Allegiance. 3. Public Comment No one appeared. Councilor Francis asked that the Parks and Recreation item (B.1) be moved from the consent agenda to become the first item on the regular agenda (A.1). He also requested that the Idaho Falls Power item (C.1) be moved from the consent agenda to become the second item on the regular agenda (B.1), since both require further discussion. The regular agenda will continue with its normal numbering after these changes. 4. Consent Agenda A. Municipal Services 1. Purchase Inventory of Ductile Pipe for Public Works The lowest of three quotes were received from Core & Main for the purchase of ductile pipe in the amount of $117,695.80. 2.Treasurer’s Report for September 2024 For the month of September 2024, cash and investments total $204.1M. Total fiscal year-to-date receipts received and reconciled to the general ledger were reported at $275.5M, which includes revenues of $139.1M for charges for services and taxes and intergovernmental revenues of $99.9M. Total fiscal year-to-date distributions reconciled to the general ledger were reported at $257.7M. This includes salary and benefits of $87.6M and operating costs of $113.1M. C. Office of the City Clerk 1) License Applications All carrying the required approvals It was moved by President Burtenshaw, seconded by Councilor Larsen 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 Freeman, Radford, Burtenshaw, Francis, Dingman, Larsen. Nay – None  5. Regular Agenda A. Parks and Recreation 1) Purchase and Installation of Turnkey Golf Barrier Netting System for Sand Creek Golf Course. Judge Netting will provide and install a 60-foot-tall golf barrier netting system to protect cars and pedestrians from rogue golf balls around the Sand Creek driving range. Operations Manager Tim Reinke provided background, noting the need for a 60’ x 600’ barrier to prevent golf balls from leaving the course and damaging nearby vehicles. Three bids were received, with Judge Netting identified as the lowest responsible bidder at $119,900. An additional $16,900 for a baseboard was included in their proposal, though Mr. Reinke indicated the baseboard will not be necessary. Other bids were higher ($120,000 and $220,000). Councilor Francis clarified that the memo contained an error and confirmed Judge Netting as the correct winning bid. It was moved by Councilor Francis, seconded by Councilor Dingman to accept and approve the proposal from Judge Netting Mountain West, which was the lowest price of three quotes, for the purchase and installation of a barrier netting system at Sand Creek Golf Course, in the amount of $119,900. The motion carried by the following vote: Aye – Councilors Francis, Dingman, Freeman, Larsen, Radford, Burtenshaw. Nay – None B. Idaho Falls Power 1) IFP 25-01 Bid Award to Ormond Builders Inc. for Idaho Falls Power Administration Building Remodel. Idaho Falls Power solicited bids from qualified contractors to remodel a section of the warehouse for field crew workspace and replace the buildings end of life chiller. Five bids were received with Ormond Builders Inc. being the lowest responsive, responsible bidder of $1,064,544 plus a 10% contingency for a total of $1,170,998.40. This project is budgeted for in the 2024/25 Capital Improvement Plan. Councilor Francis identified some missing information on the contract. Assistant General Manager Stephen Boorman explained that the original contract was missing three clauses required by City of Idaho Falls policy and state law, the non-discrimination clause, the Israel clause, and the China clause. The Legal Department identified the omission, corrected the contract, and sent out the updated version. It was moved by Councilor Francis, seconded by Councilor Larsen to approve the bid award to Ormond Builders Inc. of Idaho Falls, Idaho for a not-to-exceed amount of $1,170,998.40 and give authorization to the Mayor and City Clerk to execute the necessary documents . The motion carried by the following vote: Aye – Councilors Radford, Freeman, Burtenshaw, Francis, Dingman, Larsen. Nay – None C. Public Works 1) Bid Award - Idaho Falls Fire Station #6. On Monday, November 18, 2024, bids were received and opened for the Idaho Falls Fire Station #6 project. The purpose of the proposed bid award is to facilitate construction of a new fire station located at 2767 Spitfire Street. Director Fredericksen stated that after talking through some of the bids at the work session and consulting legal public works is recommending the award of the Base Bid and Alternate 2 deduct to Big-D Construction, in the amount of $2,632,708.00. It was moved by Councilor Francis, seconded by Councilor Larsen to approve the plans and specifications; award to the lowest responsive, responsible bidder, Big-D Construction, in the amount of $2,632,708.00, which includes the Base Bid and Alternate 2 Deduct; and give authorization for the Mayor and City Clerk to execute the necessary documents. The motion carried by the following vote: Aye – Councilors Larsen, Francis, Radford, Dingman, Burtenshaw, Freeman Nay – None D. Municipal Services 1) Sale of Used Law Enforcement Vehicles to Idaho State University, Law Enforcement Program. Law enforcement units 5757, 5778, and 5795 are recommended for replacement. Units 5778 and 5757 are 2014 Ford Explorers valued at $2,500 each. Unit 5795 is a 2016 Dodge Charger valued at $2,500. Idaho State University approached the city about purchasing and/or transferring the three units in support of its law enforcement program. The sale and/or transfer will result in savings for the department by not having to pay to have the law enforcement equipment removed for public surplus. Director Alexander explained that three vehicles are ready to be sent to surplus: two Ford Explorer SUVs and one Dodge Charger. Idaho State University (ISU) has inspected the vehicles and wants to buy the two Ford Explorers for $2,500 each, which is the standard surplus value. There is also interest in the Charger at the same price of $2,500. If ISU decides not to purchase the Charger, Director Alexander asked the council to consider transferring it to ISU’s Law Enforcement Program, where it would be used for training. Alexander noted that it normally costs $1,000 per vehicle to remove equipment and decals from all three vehicles. Councilor Burtenshaw pointed out that selling all three vehicles to ISU for $7,500 would be ideal, but since ISU can only afford the two Explorers ($5,000 total), the city would still have to surplus the Charger. If the city surpluses the vehicles and pays $1,000 each for equipment and decal removal, the city would net $4,500. She supports selling the two Explorers and transferring the Charger to the law enforcement program, saying it benefits the community. Francis asked for clarification about removal costs. Director Alexander clarified that only the decals need to be removed before selling them to ISU, which costs $400 per vehicle, and the equipment can remain in the vehicles at no additional cost. It was moved by Council President Burtenshaw, seconded by Councilor Larsen to approve the sale of unit 5757 and 5778 to Idaho State University and transfer vehicle 5795 to Idaho State University and give authorization for the Mayor and City Clerk to execute the necessary documents. The motion carried by the following vote: Aye – Councilors Burtenshaw, Larsen, Dingman, Radford, Freeman, Francis. Nay - None. E. City Attorney 1. Amendment to Joint Fuel Facility Agreement. City Attorney Micheal Kirkham explained that the City and County have a joint fuel agreement, originally established in 2010, to operate a shared gasoline and diesel fueling station used by both entities. The agreement is for 30 years, with approximately 16 years remaining. He stated that the County recently approached the City to ask whether there was interest in making capital improvements to the facility, specifically adding a canopy over the fuel pumps and increasing the station’s fuel storage capacity. The proposed amendment presented to the Council outlines these improvements and adds a requirement that, once fuel capacity is expanded, the City and County will maintain an emergency fuel reserve at all times to ensure government operations can continue during emergencies in the county. Mr. Kirkham noted that the amendment also includes cleanup language and clarifies the process for transferring management responsibilities between the City and County. He provided both a red-line draft and a clean version reflecting changes discussed during the previous work session and invited Council members to review the documents and let him know if any additional revisions were needed. Council members briefly reviewed the materials, noting that most edits involved updated dates and minor typographical corrections. It was moved by Councilor Burtenshaw, seconded by Councilor Radford to approve the Amendment to the Joint Fuel Facility Agreement. The motion carried by the following vote: Aye – Councilors Francis, Dingman, Freeman, Larsen, Radford, Burtenshaw. Nay - None. F. Community Development Services 1) Final Plat and Reasoned Statement of Relevant Criteria and Standards, First Amended Plat of Virlow Village Division No. 1. The Final Plat and Reasoned Statement of Relevant Criteria and Standards for the First Amended Plat of Virlow Division No. 1. The Planning and Zoning Commission considered this item at its July 2, 2024, meeting and unanimously voted to recommend approval of the Final Plat to the Mayor and City Council as presented. It was moved by Councilor Larson, seconded by Councilor Radford to accept or Approve the Final Plat for the First Amended Plat of Virlow Village Division No. 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 – Councilors Dingman, Burtenshaw, Francis, Freeman, Larson, Radford. Nay - None. It was moved by Councilor Larsen, seconded by Councilor Radford to approve the Reasoned Statement of Relevant Criteria and Standards for the Final Plat for the First Amended Plat of Virlow Village Division No. 1 and give authorization for the mayor to execute the necessary documents. The motion carried by the following vote: Aye – Councilors Burtenshaw, Larsen, Radford, Dingman, Freeman, Francis. Nay - None. 2) Final Plat, Development Agreement, and Reasoned Statement of Relevant Criteria and Standards, Ivywood Division No. 6 It was moved by Councilor Larsen, seconded by Councilor Radford to approve the Development Agreement for the Final Plat for Ivywood Division No. 6 and give authorization for the Mayor and City Clerk to sign said agreement. The motion carried by the following vote: Aye – Councilors Larsen, Burtenshaw, Dingman, Freeman, Francis, Radford. Nay – None. It was moved by Councilor Larsen, seconded by Councilor Radford to accept or Approve the Final Plat for Ivywood Division No. 6 and give authorization for the Mayor, City Engineer, and City Clerk to sign said Final Plat. The motion carried by the following vote: Aye – Councilors Radford, Freeman, Burtenshaw, Francis, Dingman, Larsen. Nay - None. It was moved by Councilor Larsen, seconded by Councilor Radford to approve the Reasoned Statement of Relevant Criteria and Standards for the Final Plat for Ivywood Division No. 6 and give authorization for the mayor to execute the necessary documents. The motion carried by the following vote: Aye – Councilors Dingman, Radford, Francis, Burtenshaw, Larsen, Freeman. Nay - None.  3) Final Plat, Development Agreement, and Reasoned Statement of Relevant Criteria and Standards, Ivywood Division No. 7 It was moved by Councilor Larsen, seconded by Councilor Radford to approve the Development Agreement for the Final Plat for Ivywood Division No. 7 and give authorization for the Mayor and City Clerk to sign said agreement. The motion carried by the following vote: Aye – Councilors Freeman, Francis, Larsen, Radford, Burtenshaw, Digman. Nay - None. It was moved by Councilor Larsen, seconded by Councilor Radford to accept or Approve the Final Plat for Ivywood Division No. 7 and give authorization for the Mayor, City Engineer, and City Clerk to sign said Final Plat. The motion carried by the following vote: Aye – Councilors Francis, Dingman, Freeman, Larsen, Radford, Burtenshaw. Nay - None. It was moved by Councilor Larsen, seconded by Councilor Radford to approve the Reasoned Statement of Relevant Criteria and Standards for the Final Plat for Ivywood Division No. 7 and give authorization for the mayor to execute the necessary documents. The motion carried by the following vote: Aye – Councilors Freeman, Francis, Larsen, Radford, Burtenshaw, Dingman. Nay - None. 4) Final Plat and Reasoned Statement of Relevant Criteria and Standards, Idaho Falls Fire Station 6. It was moved by Councilor Radford, seconded by Councilor Larsen to accept or Approve the Final Plat for the Idaho Falls Fire Station 6 and give authorization for the Mayor, City Engineer, and City Clerk to sign said Final Plat. The motion carried by the following vote: Aye – Councilors Dingman, Radford, Francis, Burtenshaw, Larsen, Freeman. Nay - None. It was moved by Councilor Radford, seconded by Councilor Larsen to approve the Reasoned Statement of Relevant Criteria and Standards for the Final Plat for the Idaho Falls Fire Station 6 and give authorization for the mayor to execute the necessary documents. The motion carried by the following vote: Aye – Councilors Francis, Dingman, Freeman, Larsen, Radford, Burtenshaw. Nay - None. 5) Legislative Public Hearing-Part 1 of 2 of the Annexation and Initial Zoning-Annexation Ordinance and Reasoned Statement of Relevant Criteria and Standards for approximately 18.866 acres in the N ½ of the SW ¼ of Section 1, Township 1 North, Range 37 East. Mayor Casper opened the public hearing and stated that all testimony and submitted materials would become part of the official record. She noted that letters from Swire Coca-Cola regarding the annexation were received earlier in the day, distributed to Council members, and are now part of the record. Copies may be requested through the City Clerk. Mr. Kurt Roland of Eagle Rock Engineering, 1331 Freemont Ave Idaho Falls representing Swire Pacific Holdings, presented the annexation request for an 18.86-acre property on South 15th West near the Anheuser-Busch area. He reviewed the existing county zoning and stated that the applicant is requesting City I&M zoning to match surrounding industrial uses. Council members asked clarifying questions about an existing home within the parcel boundary, current county zoning designations, and the property’s contiguity with City limits. Assistant Director Kerry Beutler then provided the staff report, confirming that the property is contiguous to the City, consistent with adjacent I&M zoning, and aligned with the Comprehensive Plan’s industrial designation. He noted that the annexation includes the South 15th West right-of-way and that industrial zoning requires buffering where residential uses are nearby. He also stated that the Planning and Zoning Commission recommended approval, and staff concurred. Mayor Casper asked additional questions about the nearby county “island” property and roadway jurisdiction, which Mr. Beutler addressed by explaining the separate process required for City-initiated annexations and how prescriptive roadway rights transfer upon annexation. Councilor Francis asked for clarification regarding earlier public testimony, noting that a resident with a horseshoe-shaped driveway had expressed concerns about water service. Mr. Beutler confirmed that the residents’ concern was unrelated to the annexation decision and explained that the City can provide services to the parcel. An existing water line is located in South 15th West, and sewer service is nearby and could be extended as needed. Councilor Francis acknowledged the clarification. With no further questions from Council, Mayor Casper thanked Mr. Beutler for his presentation and opened the floor for public testimony. No additional comments were offered. The Mayor then asked Council members whether they had any final questions for staff or the applicant; none were raised, and the hearing was closed. Councilor Radford expressed appreciation that businesses and property owners are seeking to join the City. With no further discussion. It was moved by Councilor Radford, seconded by Councilor Larsen to approve the Ordinance annexing approximately 18.866 acres in the N ½ of the SW ¼ of Section 1, Township 1 North, Range 37 East; assign a Comprehensive Plan Designation of “Industrial;” 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 carried by the following vote: Aye – Councilors Radford, Freeman, Burtenshaw, Francis, Dingman, Larsen. Nay - None. ORDINANCE TITLE READ: AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO; PROVIDING FOR THE ANNEXATION OF APPROXIMATELY 18.866 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 Radford, seconded by Councilor Larsen to approve the Reasoned Statement of Relevant Criteria and Standards for the annexation of approximately 18.866 acres in the N ½ of the SW ¼ of Section 1, Township 1 North, Range 37 East and give authorization for the Mayor to execute the necessary documents. The motion carried by the following vote: Aye – Councilors Burtenshaw, Larsen, Radford, Dingman, Freeman, Francis. Nay - None. 6) Legislative Public Hearing-Part 2 of 2 of the Annexation and Initial Zoning of I&M, Industrial and Manufacturing, Initial Zoning Ordinance and Reasoned Statement of Relevant Criteria and Standards for approximately 18.866 acres in the N ½ of the SW ¼ of Section 1, Township 1 North, Range 37 East. It was moved by Councilor Radford, seconded by Councilor Larsen to approve the Ordinance establishing the initial zoning for I&M, Industrial and Manufacturing 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 carried by the following vote: Aye – Councilors Larsen, Burtenshaw, Dingman, Freeman, Francis, Radford. Nay – None. ORDINANCE TITLE READ: AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO; PROVIDING FOR THE INITIAL ZONING OF APPROXIMATELY 18.866 ACRES DESCRIBED IN EXHIBIT A OF THIS ORDINANCE AS I&M, INDUSTRIAL AND MANUFACTURING; AND PROVIDING SEVERABILITY, PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE. It was moved by Councilor Radford, seconded by Councilor Larsen to approve the Reasoned Statement of Relevant Criteria and Standards for the initial zoning of I&M, Industrial and Manufacturing and give authorization for the mayor to execute the necessary documents. The motion carried by the following vote: Aye – Councilors Burtenshaw, Larsen, Radford, Dingman, Freeman, Francis. Nay - None. 6. Announcements Mayor asked Council members to indicate who would be attending the Association of Idaho Cities Legislative Summit the following Tuesday, noting that the summit provides a review of issues expected to affect cities in the upcoming 2025 legislative session. The Mayor then invited any community-related announcements. The Mayor highlighted the recent downtown Christmas tree lighting and winter market, describing it as a successful and festive community gathering. She reminded everyone that the next work session will be held on December 9, followed by the next regular City Council meeting on December 12. She wished the community a peaceful few weeks and a warm Thanksgiving holiday, noting that the Salvation Army’s community meal is open to all and will begin around 11:00–11:30 a.m. Councilor Freeman added that although golf courses are closed for the season, the Pinecrest pro shop remains open for holiday gift purchases. The Mayor closed the meeting by wishing everyone a happy start to the holiday season. 7. Adjournment. There being no further business, the meeting adjourned at 8:21PM s/ Corrin Wilde s/Rebecca L. Noah Casper Corrin Wilde, City Clerk Rebecca L. Noah Casper, Mayor