1. Call to Order. 2. Pledge of Allegiance.
Consent Agenda. Any item may be removed from the Consent Agenda at the request of any member of the Council for separate consideration. A. Item from Office of the Mayor: 1) Appointment of Josh Roos to City Treasurer B. Items from Municipal Services: 1) Treasurer’s Report for the month of July, 2018 2) Idaho Falls Civic Center for the Performing Arts Pledge from the William J. & Shirley A. Maeck Family Foundation 3) Purchase of Meter Inventory for Idaho Falls Power 4) Purchase of Conductor Cable for Idaho Falls Power C. Item from Idaho Falls Power: 1) Easement Assignment to Rocky Mountain Power D. Items from the City Clerk: 1) Minutes from the July 23, 2018 Council Work Session; July 30, 2018 Special Council Meeting; August 6, 2018 Council Work Session; and, August 9, 2018 Idaho Falls Power Board Meeting 2) License Applications, including a Beer license to Fiesta Cancun, The House Bar and Grill, and a Beer license transfer to Shilo Idaho Falls Restaurant, LLC, all carrying the required approvals RECOMMENDED ACTION: To approve, accept, or receive all items on the Consent Agenda according to the recommendations presented (or take other action deemed appropriate).
Public Works 1) Council Discussion of Communication to the Public Regarding South Boulevard Project RECOMMENDED ACTION: Discussion only, no action desired.
Municipal Services 1) Ordinance to Adopt Changes to Title 6, Chapter 3, Temporary Child Care Licensing: Municipal Services requests authorization to adopt changes to Title 6, Chapter 3, Temporary Child Care Licensing. Idaho Code §39-1108 requires Idaho’s cities that regulate child care services to maintain a criminal background check as stringent as the State of Idaho’s requirements. The Idaho Department of Health now requires that all child care workers and on-site non-providers receive a cleared criminal history background check prior to licensure. This authorization will remove Section 1, 6-3-4. (B) 6 and (C) 4 from the City’s child care regulations in compliance with Idaho Code §39-1108. RECOMMENDED ACTION: To approve the Ordinance adopting changes to Title 6, Chapter 3, under the suspension of the rules requiring three complete and separate readings and that it be read by title and published by summary (or consider the Ordinance on the first reading and that it be read by title, or reject the Ordinance).
Fire Department 1) Bonneville County Ambulance Contract: For consideration is the 2018/19 Ambulance Service Contract with Bonneville County. This year's contract includes changes that reflect a six percent (6%) increase to the base fee. This year we also have added an additional $400.00 in the monthly lease agreement to cover the cost of utilities in Swan Valley. RECOMMENDED ACTION: To approve the ambulance contract with Bonneville County and give authorization for the Mayor and City Clerk to execute the necessary documents (or take other action deemed appropriate).
Police Department 1) School Resource Officer Agreement: For consideration is the School Resource Officer Agreement with Idaho Falls School District #91. The Idaho Falls Police Department provides sworn officers to work as School Resource Officers within Idaho Falls School District #91 schools. This continued agreement provides for a 50% reimbursement for one of the officers and 70% for the other two officers to be paid by School District #91. This agreement is the same as approved by the Council last year with a change of dates to make it affective during school year 2018-2019, and the addition of one officer at the 50% reimbursement rate. RECOMMENDED ACTION: To approve the School Resource Officer Agreement and give authorization for the Mayor to execute the necessary documents (or take other action deemed appropriate).
Parks and Recreation Amendment of Title 8, Chapter 11 of the City Code in Regards to Cemeteries: The Parks and Recreation Department respectfully requests amendment of Title 8, Chapter 11 of the City Code to include changes in various definitions, regulations of grave lots and spaces, gravestones, and burial schedules, etc. in order to bring more consistency and predictability to cemetery uses and procedures. RECOMMENDED ACTION: To approve the Ordinance amending Title 8, Chapter 11, under the suspension of the rules requiring three complete and separate readings and that it be read by title and published by summary (or consider the Ordinance on the first reading and that it be read by title, or reject the Ordinance).
Agreement for Purchase and Sale of Water Right: For consideration is an agreement for the purchase and sale of the water right between Walker Land & Cattle, LLC and the City of Idaho Falls. Walker Land & Cattle, LLC desires to sell and the City of Idaho Falls desires to buy a 15-acre portion of the Water Right No. 35-13314 for use at Noise Park in the amount of $82,500. RECOMMENDED ACTION: To approve the agreement for the purchase and sale of the water right, and give authorization for the Mayor and City Clerk to execute the necessary documents (or take other action deemed appropriate).
Change Order No. 1 for the Myers Anderson agreement for the Maeck Zoo Education Center: For consideration is Change Order No. 1 in the amount of $68,089.73 for RC Heavy Haul, subcontractor to Petra, Inc. the general contractor on the Maeck Zoo Education Center project. This change order will include supply, installation and relocation of a 200-foot section of storm water piping, supply and installation of a water meter and pit, and supply and replacement of two existing manholes. It also provides an additional new sectionalizing cabinet. RECOMMENDED ACTION: To approve Change Order No. 1 in the amount of $68,089.73, and give authorization for the Mayor to execute the necessary documents (or take other action deemed appropriate).
Veterinary Services Independent Contractor Agreement: For consideration is an independent contractor agreement renewal between the City of Idaho Falls and Dr. Rhonda Aliah for the purposes of providing veterinary services at the Idaho Falls Zoo at Tautphaus Park from October 1, 2018 through September 30, 2019. RECOMMENDED ACTION: To approve the Veterinary Services Independent Contractor Agreement, and give authorization for the Mayor and City Clerk to execute the necessary documents (or take other action deemed appropriate).
Community Development Services Electric Line Extension Fee Waiver, Bonneville Hotel: For consideration is a request to waive the electric line extension fees for the Bonneville Hotel. The property is within the area designated for fee waivers by resolution 2016-29. The total fees, including materials and labor totaled $61,911.79. Of that amount, $23,228.90 is directly related to the hotel. The remaining amount is for burying the lines in the alley. To be consistent with other recent waivers downtown, staff recommends waiving $38,382.89 for the alley work. The applicant would like to request the remaining $23,228.90 be waived as well. RECOMMENDED ACTION: To approve the Electric Line Extension Fee Waiver for the Bonneville Hotel (or take other action deemed appropriate).
Professional Services Contract with Stantec for Management of EPA Brownfields Grant: For consideration is a contract with Stantec Consulting Services, Inc. for assistance in management of the recently awarded EPA Brownfields grant. Stantec was instrumental in helping write the grant and language in the contract for grant preparation indicated that if the grant was successful, the City intended to proceed with a contract for management of the grant. The contract is for an amount not to exceed $549,500. The full grant amount is $600,000 but it is expected that the City will retain a portion of the grant to cover staff efforts in administration. RECOMMENDED ACTION: To approve the Professional Services Contract with Stantec, and give authorization for the Mayor and City Clerk to execute the necessary documents (or take other action deemed appropriate).
Annexation and Initial Zoning of HC, Annexation and Zoning Ordinances, and Reasoned Statements of Relevant Criteria and Standards, M&B: 17.883 acres, SE ¼ Section 9, T 2N, R 38E: For consideration is the application for Annexation and Initial Zoning of HC, Annexation and Zoning Ordinances, and Reasoned Statements of Relevant Criteria and Standards, M&B: 17.883 acres, SE ¼ Section 9, T 2N, R 38E. The Planning and Zoning Commission considered this item at its June 19, 2018 meeting and recommended approval by unanimous vote. Staff concurs with this recommendation. RECOMMENDED ACTIONS (in sequential order): a. To approve the Ordinance annexing M&B: 17.883 acres, SE ¼ Section 9, T 2N, R 38E, under the suspension of the rules requiring three complete and separate readings and that it be read by title and published by summary (or consider the Ordinance on the first reading and that it be read by title, or reject the Ordinance). b. To approve the Reasoned Statement of Relevant Criteria and Standards for the annexation for M&B: 17.883 acres, SE ¼ Section 9, T 2N, R 38E, and give authorization for the Mayor to execute the necessary documents. c. To assign a Comprehensive Plan Designation of Commercial and to approve the ordinance establishing the initial zoning for M&B: 17.883 acres, SE ¼ Section 9, T 2N, R 38E as HC Zone, under the suspension of the rules requiring three complete and separate readings and that it be read by title and published by summary (or consider the Ordinance on the first reading and that it be read by title, or reject the Ordinance), 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. d. To approve the Reasoned Statement of Relevant Criteria and Standards for the Initial Zoning of HC Zone for M&B: 17.883 acres, SE ¼ Section 9, T 2N, R 38E, and give authorization for the Mayor to execute the necessary documents.
Final Plat, Development Agreement, and Reasoned Statement of Relevant Criteria and Standards, Park Place Division No. 5: For consideration is the application for Final Plat, Development Agreement, and Reasoned Statement of Relevant Criteria and Standards for Park Place Division No. 5. The Planning and Zoning Commission considered this item at its April 3, 2018 meeting and recommended approval by unanimous vote. Staff concurs with this recommendation. RECOMMENDED ACTIONS (in sequential order): a. To approve the Development Agreement for Park Place Division No. 5, and give authorization for the Mayor and City Clerk to execute the necessary documents. b. To approve the Final Plat for Park Place Division No. 5, and give authorization for the Mayor, City Engineer, and City Clerk to sign said Final Plat. c. To approve the Reasoned Statement of Relevant Criteria and Standards for the Final Plat for Park Place Division No. 5, and give authorization for the Mayor to execute the necessary documents.
Public Hearing – Rezone to Remove a PT Overlay, Zoning Ordinance, and Reasoned Statement of Relevant Criteria and Standards: For consideration is the application for rezoning property from LC and R1 with a PT overlay to LC and R1 without the PT overlay, Zoning Ordinance, and Reasoned Statement of Relevant Criteria and Standards, Lots 1-4, and a portion of Lot 5, Block 1, Television Park Addition Division 1, Lots 18-21 & 24-27, Block 2, Lots 9-13, Block 3, 1st Amended Anderson-Jeppson Addition. The Planning and Zoning Commission considered this item at its August 7, 2018 meeting and recommended approval by unanimous vote. Staff concurs with this recommendation. RECOMMENDED ACTIONS (in sequential order): a. To approve the Ordinance rezoning Lots 1-4, and a portion of Lot 5, Block 1, Television Park Addition Division 1, Lots 18-21 & 24-27, Block 2, Lots 9-13, Block 3, 1st Amended Anderson- Jeppson Addition, under the suspension of the rules requiring three complete and separate readings and that it be read by title and published by summary (or consider the Ordinance on the first reading and that it be read by title, or reject the Ordinance). b. To approve the Reasoned Statement of Relevant Criteria and Standards for the rezoning of Lots 1-4, and a portion of Lot 5, Block 1, Television Park Addition Division 1, Lots 18-21 & 24- 27, Block 2, Lots 9-13, Block 3, 1st Amended Anderson-Jeppson Addition, and give authorization for the Mayor to execute the necessary documents.
Public Hearing – Zoning Ordinance Amendments: For consideration is an ordinance amending various sections of the zoning ordinance. The changes include adding language back into the code that was inadvertently omitted, clarifying the conditional use permit process and responsibilities, and clarifying language regarding caretaker dwellings, density calculations, and enforcement. The Planning and Zoning Commission considered this item at its August 7, 2018 meeting and recommended approval by unanimous vote. Staff concurs with this recommendation. RECOMMENDED ACTION: To approve the ordinance amending various sections of the zoning ordinance under the suspension of the rules requiring three complete and separate readings and that it be read by title and published by summary (or consider the Ordinance on the first reading and that it be read by title, or reject the Ordinance).
3. Public Comment. Members of the public are invited to address the City Council regarding matters that are not on this agenda or already noticed for a public hearing. When you address the Council, please state your name and address for the record and please limit your remarks to three (3) minutes. Please note that matters currently pending before the Planning Commission or Board of Adjustment which may be the subject of a pending enforcement action, or which are relative to a City personnel matter are not suitable for public comment. 6. Announcements and Adjournment.
1. Call to Order. 2. Pledge of Allegiance.
Consent Agenda. Any item may be removed from the Consent Agenda at the request of any member of the Council for separate consideration. A. Item from Office of the Mayor: 1) Appointment of Josh Roos to City Treasurer B. Items from Municipal Services: 1) Treasurer’s Report for the month of July, 2018 2) Idaho Falls Civic Center for the Performing Arts Pledge from the William J. & Shirley A. Maeck Family Foundation 3) Purchase of Meter Inventory for Idaho Falls Power 4) Purchase of Conductor Cable for Idaho Falls Power C. Item from Idaho Falls Power: 1) Easement Assignment to Rocky Mountain Power D. Items from the City Clerk: 1) Minutes from the July 23, 2018 Council Work Session; July 30, 2018 Special Council Meeting; August 6, 2018 Council Work Session; and, August 9, 2018 Idaho Falls Power Board Meeting 2) License Applications, including a Beer license to Fiesta Cancun, The House Bar and Grill, and a Beer license transfer to Shilo Idaho Falls Restaurant, LLC, all carrying the required approvals RECOMMENDED ACTION: To approve, accept, or receive all items on the Consent Agenda according to the recommendations presented (or take other action deemed appropriate).
Public Works 1) Council Discussion of Communication to the Public Regarding South Boulevard Project RECOMMENDED ACTION: Discussion only, no action desired.
Municipal Services 1) Ordinance to Adopt Changes to Title 6, Chapter 3, Temporary Child Care Licensing: Municipal Services requests authorization to adopt changes to Title 6, Chapter 3, Temporary Child Care Licensing. Idaho Code §39-1108 requires Idaho’s cities that regulate child care services to maintain a criminal background check as stringent as the State of Idaho’s requirements. The Idaho Department of Health now requires that all child care workers and on-site non-providers receive a cleared criminal history background check prior to licensure. This authorization will remove Section 1, 6-3-4. (B) 6 and (C) 4 from the City’s child care regulations in compliance with Idaho Code §39-1108. RECOMMENDED ACTION: To approve the Ordinance adopting changes to Title 6, Chapter 3, under the suspension of the rules requiring three complete and separate readings and that it be read by title and published by summary (or consider the Ordinance on the first reading and that it be read by title, or reject the Ordinance).
Fire Department 1) Bonneville County Ambulance Contract: For consideration is the 2018/19 Ambulance Service Contract with Bonneville County. This year's contract includes changes that reflect a six percent (6%) increase to the base fee. This year we also have added an additional $400.00 in the monthly lease agreement to cover the cost of utilities in Swan Valley. RECOMMENDED ACTION: To approve the ambulance contract with Bonneville County and give authorization for the Mayor and City Clerk to execute the necessary documents (or take other action deemed appropriate).
Police Department 1) School Resource Officer Agreement: For consideration is the School Resource Officer Agreement with Idaho Falls School District #91. The Idaho Falls Police Department provides sworn officers to work as School Resource Officers within Idaho Falls School District #91 schools. This continued agreement provides for a 50% reimbursement for one of the officers and 70% for the other two officers to be paid by School District #91. This agreement is the same as approved by the Council last year with a change of dates to make it affective during school year 2018-2019, and the addition of one officer at the 50% reimbursement rate. RECOMMENDED ACTION: To approve the School Resource Officer Agreement and give authorization for the Mayor to execute the necessary documents (or take other action deemed appropriate).
Parks and Recreation Amendment of Title 8, Chapter 11 of the City Code in Regards to Cemeteries: The Parks and Recreation Department respectfully requests amendment of Title 8, Chapter 11 of the City Code to include changes in various definitions, regulations of grave lots and spaces, gravestones, and burial schedules, etc. in order to bring more consistency and predictability to cemetery uses and procedures. RECOMMENDED ACTION: To approve the Ordinance amending Title 8, Chapter 11, under the suspension of the rules requiring three complete and separate readings and that it be read by title and published by summary (or consider the Ordinance on the first reading and that it be read by title, or reject the Ordinance).
Agreement for Purchase and Sale of Water Right: For consideration is an agreement for the purchase and sale of the water right between Walker Land & Cattle, LLC and the City of Idaho Falls. Walker Land & Cattle, LLC desires to sell and the City of Idaho Falls desires to buy a 15-acre portion of the Water Right No. 35-13314 for use at Noise Park in the amount of $82,500. RECOMMENDED ACTION: To approve the agreement for the purchase and sale of the water right, and give authorization for the Mayor and City Clerk to execute the necessary documents (or take other action deemed appropriate).
Change Order No. 1 for the Myers Anderson agreement for the Maeck Zoo Education Center: For consideration is Change Order No. 1 in the amount of $68,089.73 for RC Heavy Haul, subcontractor to Petra, Inc. the general contractor on the Maeck Zoo Education Center project. This change order will include supply, installation and relocation of a 200-foot section of storm water piping, supply and installation of a water meter and pit, and supply and replacement of two existing manholes. It also provides an additional new sectionalizing cabinet. RECOMMENDED ACTION: To approve Change Order No. 1 in the amount of $68,089.73, and give authorization for the Mayor to execute the necessary documents (or take other action deemed appropriate).
Veterinary Services Independent Contractor Agreement: For consideration is an independent contractor agreement renewal between the City of Idaho Falls and Dr. Rhonda Aliah for the purposes of providing veterinary services at the Idaho Falls Zoo at Tautphaus Park from October 1, 2018 through September 30, 2019. RECOMMENDED ACTION: To approve the Veterinary Services Independent Contractor Agreement, and give authorization for the Mayor and City Clerk to execute the necessary documents (or take other action deemed appropriate).
Community Development Services Electric Line Extension Fee Waiver, Bonneville Hotel: For consideration is a request to waive the electric line extension fees for the Bonneville Hotel. The property is within the area designated for fee waivers by resolution 2016-29. The total fees, including materials and labor totaled $61,911.79. Of that amount, $23,228.90 is directly related to the hotel. The remaining amount is for burying the lines in the alley. To be consistent with other recent waivers downtown, staff recommends waiving $38,382.89 for the alley work. The applicant would like to request the remaining $23,228.90 be waived as well. RECOMMENDED ACTION: To approve the Electric Line Extension Fee Waiver for the Bonneville Hotel (or take other action deemed appropriate).
Professional Services Contract with Stantec for Management of EPA Brownfields Grant: For consideration is a contract with Stantec Consulting Services, Inc. for assistance in management of the recently awarded EPA Brownfields grant. Stantec was instrumental in helping write the grant and language in the contract for grant preparation indicated that if the grant was successful, the City intended to proceed with a contract for management of the grant. The contract is for an amount not to exceed $549,500. The full grant amount is $600,000 but it is expected that the City will retain a portion of the grant to cover staff efforts in administration. RECOMMENDED ACTION: To approve the Professional Services Contract with Stantec, and give authorization for the Mayor and City Clerk to execute the necessary documents (or take other action deemed appropriate).
Annexation and Initial Zoning of HC, Annexation and Zoning Ordinances, and Reasoned Statements of Relevant Criteria and Standards, M&B: 17.883 acres, SE ¼ Section 9, T 2N, R 38E: For consideration is the application for Annexation and Initial Zoning of HC, Annexation and Zoning Ordinances, and Reasoned Statements of Relevant Criteria and Standards, M&B: 17.883 acres, SE ¼ Section 9, T 2N, R 38E. The Planning and Zoning Commission considered this item at its June 19, 2018 meeting and recommended approval by unanimous vote. Staff concurs with this recommendation. RECOMMENDED ACTIONS (in sequential order): a. To approve the Ordinance annexing M&B: 17.883 acres, SE ¼ Section 9, T 2N, R 38E, under the suspension of the rules requiring three complete and separate readings and that it be read by title and published by summary (or consider the Ordinance on the first reading and that it be read by title, or reject the Ordinance). b. To approve the Reasoned Statement of Relevant Criteria and Standards for the annexation for M&B: 17.883 acres, SE ¼ Section 9, T 2N, R 38E, and give authorization for the Mayor to execute the necessary documents. c. To assign a Comprehensive Plan Designation of Commercial and to approve the ordinance establishing the initial zoning for M&B: 17.883 acres, SE ¼ Section 9, T 2N, R 38E as HC Zone, under the suspension of the rules requiring three complete and separate readings and that it be read by title and published by summary (or consider the Ordinance on the first reading and that it be read by title, or reject the Ordinance), 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. d. To approve the Reasoned Statement of Relevant Criteria and Standards for the Initial Zoning of HC Zone for M&B: 17.883 acres, SE ¼ Section 9, T 2N, R 38E, and give authorization for the Mayor to execute the necessary documents.
Final Plat, Development Agreement, and Reasoned Statement of Relevant Criteria and Standards, Park Place Division No. 5: For consideration is the application for Final Plat, Development Agreement, and Reasoned Statement of Relevant Criteria and Standards for Park Place Division No. 5. The Planning and Zoning Commission considered this item at its April 3, 2018 meeting and recommended approval by unanimous vote. Staff concurs with this recommendation. RECOMMENDED ACTIONS (in sequential order): a. To approve the Development Agreement for Park Place Division No. 5, and give authorization for the Mayor and City Clerk to execute the necessary documents. b. To approve the Final Plat for Park Place Division No. 5, and give authorization for the Mayor, City Engineer, and City Clerk to sign said Final Plat. c. To approve the Reasoned Statement of Relevant Criteria and Standards for the Final Plat for Park Place Division No. 5, and give authorization for the Mayor to execute the necessary documents.
Public Hearing – Rezone to Remove a PT Overlay, Zoning Ordinance, and Reasoned Statement of Relevant Criteria and Standards: For consideration is the application for rezoning property from LC and R1 with a PT overlay to LC and R1 without the PT overlay, Zoning Ordinance, and Reasoned Statement of Relevant Criteria and Standards, Lots 1-4, and a portion of Lot 5, Block 1, Television Park Addition Division 1, Lots 18-21 & 24-27, Block 2, Lots 9-13, Block 3, 1st Amended Anderson-Jeppson Addition. The Planning and Zoning Commission considered this item at its August 7, 2018 meeting and recommended approval by unanimous vote. Staff concurs with this recommendation. RECOMMENDED ACTIONS (in sequential order): a. To approve the Ordinance rezoning Lots 1-4, and a portion of Lot 5, Block 1, Television Park Addition Division 1, Lots 18-21 & 24-27, Block 2, Lots 9-13, Block 3, 1st Amended Anderson- Jeppson Addition, under the suspension of the rules requiring three complete and separate readings and that it be read by title and published by summary (or consider the Ordinance on the first reading and that it be read by title, or reject the Ordinance). b. To approve the Reasoned Statement of Relevant Criteria and Standards for the rezoning of Lots 1-4, and a portion of Lot 5, Block 1, Television Park Addition Division 1, Lots 18-21 & 24- 27, Block 2, Lots 9-13, Block 3, 1st Amended Anderson-Jeppson Addition, and give authorization for the Mayor to execute the necessary documents.
Public Hearing – Zoning Ordinance Amendments: For consideration is an ordinance amending various sections of the zoning ordinance. The changes include adding language back into the code that was inadvertently omitted, clarifying the conditional use permit process and responsibilities, and clarifying language regarding caretaker dwellings, density calculations, and enforcement. The Planning and Zoning Commission considered this item at its August 7, 2018 meeting and recommended approval by unanimous vote. Staff concurs with this recommendation. RECOMMENDED ACTION: To approve the ordinance amending various sections of the zoning ordinance under the suspension of the rules requiring three complete and separate readings and that it be read by title and published by summary (or consider the Ordinance on the first reading and that it be read by title, or reject the Ordinance).
3. Public Comment. Members of the public are invited to address the City Council regarding matters that are not on this agenda or already noticed for a public hearing. When you address the Council, please state your name and address for the record and please limit your remarks to three (3) minutes. Please note that matters currently pending before the Planning Commission or Board of Adjustment which may be the subject of a pending enforcement action, or which are relative to a City personnel matter are not suitable for public comment. 6. Announcements and Adjournment.