CITY COUNCIL MEETING Thursday, October 24, 2019 7:30 p.m. CITY COUNCIL CHAMBERS 680 Park Avenue Idaho Falls, ID 83402 Thank you for your interest in City Government. If you wish to express your thoughts on a matter listed below, please contact Councilmembers by email or personally before the meeting. Public testimony on agenda items will not be taken unless a hearing is indicated. Be aware that an amendment to this agenda may be made upon passage of a motion that states the reason for the amendment and the good faith reason that the agenda item was not included in the original agenda posting. Regularly-scheduled City Council Meetings are live streamed at www.idahofallsidaho.gov, then archived on the city website. If you need communication aids or services or other physical accommodations to participate or access this meeting, please contact City Clerk Kathy Hampton at 612-8414 or the ADA Coordinator Lisa Farris at 612-8323 as soon as possible and they will accommodate your needs.
1. Call to Order.
2. Pledge of Allegiance.
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 city 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.
4. Consent Agenda. Any item may be removed from the Consent Agenda at the request of any member of the Council for separate consideration.
A. Items from Municipal Services:
1) Bid IF-20-B Loader for Public Works 2) Bid IF-20-C Grader for Public Works 3) Bid IF 20-E Ambulance Purchase for Fire Department
B. Items from the City Clerk:
1) Minutes from the October 7, 2019 Council Work Session; and, October 10, 2019 Council Meeting 2) License Applications, all carrying the required approvals
RECOMMENDED ACTION: Approve, accept, or receive all items on the Consent Agenda according to the recommendations presented (or take other action deemed appropriate).
5. Regular Agenda.
A. Office of the Mayor
1) Community Partnership Grant Committee Report: For consideration is the summary of funding recommendations from the Community Partnership Grant citizen committee. The report provides a detailed breakdown of the grant funding recommended for each nonprofit organization that applied for public funding during the 2019-2020 fiscal year.
RECOMMENDED ACTION: Approve the 2019-2020 Community Partnership Grant awards in the amount of $130,000 (or take other action deemed appropriate).
B. Idaho Falls Power
1) Resolution for BiologiQ as a commercial customer of Idaho Falls Power: For consideration is a resolution to establish BioLogiQ as a commercial energy rate customer of Idaho Falls Power.
RECOMMENDED ACTION: Approve the resolution to establish BioLogiQ as a commercial energy rate customer of Idaho Falls Power, and give authorization for the Mayor and City Clerk to execute the necessary documents (or take other action deemed appropriate).
2) Joint Powers Agreement with Utah Telecommunications Open Infrastructure Agency (UTOPIA) Fiber: For consideration is a Joint Powers Agreement for the design, execution and ongoing operation of a fiber optic network between the City of Idaho Falls and Utah Telecommunications Open Infrastructure Agency (UTOPIA).
RECOMMENDED ACTION: Approve the Joint Powers Agreement with UTOPIA, and give authorization for the Mayor and City Clerk to execute the necessary documents (or take other action deemed appropriate).
C. Community Development Services
1) Ordinance Amending Street Name Spellings: For consideration is an ordinance amending three street name spellings. These spellings were considered on September 26 as part of a separate ordinance which changed them to an unconventional spelling. The reason the ordinance changed the spellings was to have the least possible impact on existing homes addressed from the odd spellings. However, after concerns were later raised, staff has prepared the ordinance to again change the names to the commonly accepted spellings for the three street names.
RECOMMENDED ACTION: Approve the Ordinance amending street name spellings under a suspension of the rules requiring three complete and separate readings and request 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).
2) Ordinance Amending Section Title 5, Chapter 8 of City Code: For consideration is an ordinance amending Title 5, Chapter 8 of City Code regarding litter and abatement. The proposed changes modify the definitions to be clearer and easier to enforce. The ordinance also modifies other sections of the code related to litter and its accumulation as well as other general, minor edits throughout the section.
RECOMMENDED ACTION: Approve the Ordinance amending Title 5, Chapter 8, under a suspension of the rules requiring three complete and separate readings and request 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) Final Plat, Development Agreement, and Reasoned Statement of Relevant Criteria and Standards, MK Simpson Center Division No. 1: For consideration is the Final Plat, Development Agreement, and Reasoned Statement of Relevant Criteria and Standards for MK Simpson Center Division No. 1. This application was considered by the Planning and Zoning Commission at its October 1, 2019 meeting and recommended approval by unanimous vote. The plat complies with all requirements of the Subdivision Ordinance. Staff recommends approval of the application.
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RECOMMENDED ACTIONS (in sequential order):
a. Approve the Development Agreement for MK Simpson Center Division No. 1, and give authorization for the Mayor and City Clerk to execute the necessary documents.
b. Accept the Final Plat for MK Simpson Division No. 1, and give authorization for the Mayor, City Engineer, and City Clerk to sign said Final Plat.
c. Approve the Reasoned Statement of Relevant Criteria and Standards for the Final Plat for MK Simpsons Center Division No. 1, and give authorization for the Mayor to execute the necessary documents.
4) Request for Extension to Record a Final Plat, Windsor Addition No. 1, 1st Amended: For consideration is a request for an extension to record the Final Plat for Windsor Addition No. 1, 1st Amended. Section 10-1-9(B)(5)(b) states, “All approved final plats shall be offered for record within one hundred and eighty (180) days following approval by the Council, unless an extension of time for filing is granted by the Council.” The plat was approved by the Council on April 25, 2019. 180 days from the approval date was October 22. The applicant knew the plat would not be recorded by that date, but will be shortly thereafter if the extension is approved. The applicant explained to staff the reason the plat has not recorded is due to difficulties with deed restrictions on the adjacent Shopko property. Staff recommends approval of the extension for up to 180 days.
RECOMMENDED ACTION: Approve an extension to record the Final Plat for Windsor Addition Division No. 1, 1st Amended for a maximum of 180 days (or take other action deemed appropriate).
D. Municipal Services
1) Purchase and Sale Agreement between the City of Idaho Falls and Bonneville County: Pursuant to Idaho Code §67-2323 a public hearing was held on Monday, October 7, 2019 to receive testimony regarding the purchase and sale agreement between the City of Idaho Falls and Bonneville County. No testimony was offered.
RECOMMENDED ACTION: Approve the Purchase and Sale Agreement for the 4-H property for a total of $430,000, and give authorization for the Mayor and City Clerk to execute the necessary documents (or take other action deemed appropriate).
E. Parks and Recreation
1) Acquisition of Funland in Tautphaus Park: For consideration is an agreement to purchase the assets of Funland in Tautphaus Park and the business itself.
RECOMMENDED ACTION: Approve the purchase and acquisition of the Funland property for a total amount of $120,000, and give authorization for the Mayor and City Clerk to execute the necessary documents (or take other action deemed appropriate).
6. Announcements.
7. Adjournment.
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CONSENT AGENDA:
MUNICIPAL SERVICES COUNCIL AGENDA
IDAHO FALLS MEMORANDUM FROM: Pam Alexander DATE: Tuesday, October 15, 2019 RE: Bid IF-20-E - Ambulance Purchase for Fire Department
Item Description
On October 4, 2019 the attached quote was received in response to Bid IF-20-E -Ambulance Purchase for Fire Department.
Purpose
The purchase of the ambulances will replace units 843 and 844 and support the safe and secure community oriented results by providing safe and reliable equipment.
Fiscal Impact/ Financial Review
Funds to purchase the ambulances are within the Fire Department 2019/20 MERF budget.
Legal Review
Purchase complies with State Statute §67-2803(9).
Interdepartmental Review
The Fire Department concurs with the purchase.
Recommended Action
Municipal Services recommends approval of the quote received from Braun Northwest, Inc. to purchase two 2020 North Star 153-1 Module Ambulances for a total of $385,742.00 (or take other action deemed appropriate).
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October 7, 2019 - Unapproved
The City Council of the City of Idaho Falls met in Council Work Session, Monday, October 7, 2019, in the Council Chambers in the City Annex Building located at 680 Park Avenue in Idaho Falls, Idaho at 3:00 p.m.
Call to Order and Roll Call: There were present: Councilmember Thomas Hally Councilmember Shelly Smede Councilmember John Radford Councilmember Jim Freeman Councilmember Jim Francis
Absent: Mayor Rebecca L. Noah Casper Councilmember Michelle Ziel-Dingman
Also present: Brad Cramer, Community Development Services Director Catherine Smith, Idaho Falls Downtown Development Corporation (IFDDC) Executive Director Randy Fife, City Attorney Kathy Hampton, City Clerk
Mayor Pro Tem Hally called the meeting to order at 3:01 p.m. with the following items:
Calendars, Announcements and Reports: Mayor Pro Tem Hally stated a Special Council Meeting will be occurring on October 17 regarding Fiber.
Mayor Pro Tem Hally stated he recently attended an AmeriBen conference. He noted approximately 18% of medical is part of the gross national product which will continue to increase, he believes this is not sustainable. He also stated he recently attended a legislative meeting at the College of Eastern Idaho (CEI). He briefly reviewed topics discussed.
Acceptance and/or Receipt of Minutes: There were no minutes to accept.
Liaison Reports and Concerns: Councilmember Freeman stated the Ice Arena recently opened; Boo at the Zoo will be occurring October 24-26; and, leaf collection maps have been modified with leaf collection occurring October 28-November 27. Councilmember Smede stated an open house for the South Downtown Plan will be occurring on October 9. She also stated the Library is considering no charge for up to ten (10) copies as well as utilizing the conference room at no charge for Bonneville County residents. Councilmember Francis had no items to report. Councilmember Radford stated new sections of the community have opened for fiber services. He reiterated the Special Council Meeting on October 17. Mayor Pro Tem Hally noted painting of the new fairgrounds office building and, a Ribbon Cutting at the Airport will be occurring October 22.
Idaho Falls Downtown Development Corporation (IFDDC) Parking Management Agreement Discussion: Director Cramer stated this item includes an ordinance to modify Title 9 of City Code as well as a Memorandum of Understanding (MOU) between the City and IFDDC for a pilot project to enforce downtown parking. He noted Ms. Smith, on behalf of the IFDDC, requested funding at a previous Council Budget Session to assist with on-street parking management. IFDDC currently manages the City’s lots for off-street parking. The MOU will outline the duties, obligations, enforcement, and, how the funds from violations will be used. Director Cramer believes this step is approximately ten (10) years in the making per a previous study from the Idaho Falls Redevelopment Agency
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October 7, 2019 - Unapproved
(IFRdA). He noted one (1) of the first suggestions in this study was to place parking management under one (1) entity. Additional suggestions in the study, including better technology and assistance with funding, will also be fulfilled with the MOU. Mr. Kirkham noted due to the MOU, it was necessary to adjust City Code. He reviewed proposed changes in the ordinance, including enforcement agents, specific downtown parking areas, and, violations and procedures. Mayor Pro Tem Hally noted the IFRdA, through the Oppenheimer Group, manages the underground parking garage. To the response of Councilmember Francis, Ms. Smith stated a policy is currently in place to allow vehicles to be towed from the parking lots. This does not include the underground parking garage due to the ceiling height. Mr. Kirkham stated this ordinance would give the parking agent the same enforcement as the Idaho Falls Police Department (IFPD) for parking only. Councilmember Freeman questioned motorcycles. Mr. Kirkham stated the City does not currently permit certain vehicles, including motorcycles, on public sidewalks although there is an exception for the IFPD for parking enforcement. The exception has also been included for the City’s parking enforcement agent. This would not include motorcycles. Mr. Fife stated IFDDC has purchased a utility vehicle (UTV) to be used for parking enforcement. Brief discussion followed regarding parking enforcement in other cities and booting of vehicles. Mr. Kirkham clarified the MOU does not provide for booting of vehicles. Ms. Smith stated very clear notifications will be placed on windshields. She confirmed there are no plans to boot vehicles although additional enforcement steps may need to be considered if problems persist. Ms. Smith reviewed the off-street and on-street techniques including metering, the UTV with a License Plate Reader (LPR), and, available apps, stating this will all be very customer-service focused. She noted there will no longer be chalk marks on vehicle tires. She also briefly reviewed the Downtown Park IF online portal. Mr. Fife stated the enforcement agent, on behalf of the City, can collect the revenues to build up a fund, in excess of their costs, which can be spent on a public facility or the program. He clarified there will be no profit made from enforcement for the City. Mr. Kirkham stated any public improvements will be directed by the City. He noted the City is not releasing control of streets to the IFDDC. He also noted the MOU also includes an annual report which can be demanded as needed. To the response of Councilmember Radford, Mr. Fife stated LPR information would need to be retained for a minimum of two (2) years. Councilmember Smede questioned overdue tickets. Ms. Smith stated IFDDC has the capability to pull overdue tickets into their software system, however, the IFDDC has decided to start fresh. Brief discussion followed regarding vehicles with wheelchair placards, tourist tickets, downtown business employees, loading zones, reporting dates to coincide with the Business Improvement District (BID) report, and, merchant validation (off-street parking only). This item will be included on the October 10 Council Meeting agenda.
It was then moved by Councilmember Freeman, seconded by Councilmember Smede, to move into Executive Session. The Executive Session is being called pursuant to the provisions of Idaho Code Section 74-206(1)(c) to acquire an interest in real property which is not owned by a public agency. The Executive Session will be held in the City Annex Conference Room. At the conclusion of the Executive Session the Council will not reconvene into regular Work Session.
The City Council of the City of Idaho Falls met in Special Council Meeting (Executive Session), Monday, October 7, 2019, in the Council Chambers in the City Annex Building located at 680 Park Avenue in Idaho Falls, Idaho at 3:46 p.m.
Call to Order and Roll Call: There were present: Councilmember Thomas Hally Councilmember Shelly Smede Councilmember John Radford Councilmember Jim Freeman Councilmember Jim Francis
Also present: Chris Fredericksen, Public Works Director Michael Kirkham, Assistant City Attorney Randy Fife, City Attorney
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October 7, 2019 - Unapproved
The Executive Session was called pursuant to the provisions of Idaho Code Section 74-206(1)(c) to acquire an interest in real property which is not owned by a public agency.
There being no further business, the Executive Session adjourned at 4:14 p.m.
CITY CLERK MAYOR
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October 10, 2019 - Unapproved
The City Council of the City of Idaho Falls met in Regular Council Meeting, Thursday, October 10, 2019, in the Council Chambers in the City Annex Building located at 680 Park Avenue in Idaho Falls, Idaho at 7:30 p.m.
Call to Order:
There were present: Mayor Rebecca L. Noah Casper Councilmember Thomas Hally Councilmember Jim Freeman Councilmember Jim Francis Councilmember John Radford Councilmember Shelly Smede
Absent: Councilmember Michelle Ziel-Dingman
Also present: All available Department Directors Randy Fife, City Attorney Kathy Hampton, City Clerk
Pledge of Allegiance:
Mayor Casper requested Kamryn Roos, a 6th grade student at Rim Rock Elementary, and daughter of Josh Roos, City Treasurer, to lead those present in the Pledge of Allegiance.
Presentation:
Mayor Casper invited Police Chief Bryce Johnson for this presentation. Chief Johnson shared a personal story of the first July 4th celebration he attended in Idaho Falls. He stated at this celebration he was approached by a law enforcement officer from another jurisdiction which happened to be the stepson of Frank VanderSloot. Chief Johnson then indicated approximately one (1) year ago he received a phone call regarding some available office space at the Melaleuca Building on Broadway. He stated this office space was donated for multiple administrative duties which has allowed office space at the current Law Enforcement Building (LEB) to become available for a break room for uniformed officers and other civilian staff and, a soft interview room for witnesses and victims. Chief Johnson then presented the inaugural Idaho Falls Police Community Partner Award to Frank L. VanderSloot of Melaleuca. Chief Johnson stated this award is intended for community members who because of their desire support the Idaho Falls community in a significant way in support the furtherance of public safety, Police operations, and, the overall goals and missions of the Idaho Falls Police Department (IFPD). The donation of 3,500 square feet offers significant support to the IFPD operationally as well as supporting the quality of life for the officers. A standing ovation followed. Mayor Casper reiterated the shortage of space. She also reiterated this office space is a donation and has been made available without a great deal of cost. She noted this office space is not permanent although this space is very valuable in terms of safety and quality of Police work. She expressed her appreciation for this donation. Mr. VanderSloot believes this is an awesome community to live in and to be part of as there is very little contention. He believes this is due to the residents and the elected officials who serve. He recognized the unwarranted attacks on Police departments throughout the country. He believes the IFPD deserves the support.
Public Comment:
Mayor Casper requested any public comment not related to items currently listed on the agenda or not related to a pending matter. No one appeared.
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October 10, 2019 - Unapproved
Consent Agenda:
Idaho Falls Power requested approval of Power Trade Confirmation Agreements with Shell Energy North America (US), LP; and, approval of Generation Protection Services Review by Brown Kysar Inc. (BKI).
Municipal Services requested approval of the Treasurer’s Report for the month of August, 2019; Bid IF-20-A Backhoe for Public Works; and, Quote 19-035 Purchase of Cargo Van for Idaho Falls Zoo.
Public Works requested approval of Bid Award – Well 4 Well House Replacement; Bid Award – Mound Sanitary Sewer Lift Station Upgrade and 17th Street and Yellowstone Storm Lift Station Upgrade; and, Bid Award – Broadway Street Lights - Old Butte Road to Bellin Road.
The City Clerk requested approval of minutes from the September 23, 2019 Council Work Session; and, September 26, 2019 Council Meeting and Executive Session; and, license applications, all carrying the required approvals.
It was moved by Councilmember Radford, seconded by Councilmember Smede, to approve all items on the Consent Agenda according to the recommendations presented. Roll call as follows: Aye – Councilmembers Freeman, Radford, Smede, Francis, Hally. Nay – none. Motion carried.
Regular Agenda:
Airport
Subject: Contract and Notice of Award to Knife River Construction
It is the recommendation of the Idaho Falls Regional Airport to approve the Notice of Award to Knife River Construction. The Contract price is $1,824,292. The purpose of this project is to relocate runway 17 end and connecting taxiway, to remove taxiway A from taxiway A1 to runway 17, and to construct taxiway H from taxiway A to taxiway B. At the September 26, 2019 City Council Meeting the City Council approved the acceptance of the Federal Aviation Administration (FAA) Airport Improvement Program (AIP) grant #46-2019 for this project.
Airport Director Rick Cloutier reviewed the construction activities. He stated this intersection has been identified by the FAA as a hazardous spot. Director Cloutier reviewed the three (3) bidders. He stated this project is 93.75% funded by the FAA, the remaining $114,000 will be utilized from the Airport funds. Mayor Casper stated this item was reviewed prior to the receipt of the formal grants from the FAA. Councilmember Radford noted this project has been in the works for numerous years.
It was moved by Councilmember Radford, seconded by Councilmember Smede, to approve the Contract and Notice of Award to Knife River Construction and give authorization for the Mayor and City Clerk to execute the necessary documents. Roll call as follows: Aye – Councilmembers Hally, Radford, Francis, Smede, Freeman. Nay – none. Motion carried.
Subject: Approve and Authorize the Procurement Agreement with M-B Companies
It is the recommendation of the Idaho Falls Regional Airport to approve the Procurement Agreement to M-B Companies for the procurement and purchase of Multi-Tasking Equipment for Airfield Snow Removal. The contract price of the awarded contract is $680,114. At the September 26, 2019 City Council Meeting the City Council approved the acceptance of the FAA AIP grant #45-2019 for this project.
Director Cloutier reviewed the procurement equipment. He stated three (3) bids were received for this project. He also stated this project is 93.75% funded by the FAA, the remaining amount will be utilized from the Airport funds. He noted this equipment will not be received until the following summer.
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October 10, 2019 - Unapproved
It was moved by Councilmember Radford, seconded by Councilmember Smede, to approve the Procurement Agreement with M-B Companies and give authorization for the Mayor and City Clerk to execute the necessary documents. Roll call as follows: Aye – Councilmembers Francis, Freeman, Hally, Radford, Smede. Nay – none. Motion carried.
Idaho Falls Power
Subject: Bid Award to Rivers West Construction for Idaho Falls Power Mezzanine Remodel
To remodel the warehouse mezzanine in the Idaho Falls Power administration building to the lowest responsive and responsible bids received for $87,165.00.
Idaho Falls Power Director Bear Prairie stated this space, a current open warehouse area, will be utilized for additional office space.
It was moved by Councilmember Radford, seconded by Councilmember Freeman, to accept and approve the bid from the lowest responsive and responsible bidder, Rivers West Construction, for $87,165.00. Roll call as follows: Aye – Councilmembers Freeman, Francis, Hally, Radford, Smede. Nay – none. Motion carried.
Public Works
Subject: Easement Vacation – East View Addition
For consideration is an easement vacation for Lots 12, 13, 20, and 21 in Block 17 of the East View Addition, Division 3. This easement vacation is requested by the lot owners, Carey R. and Julie K. Heaton, to better facilitate the development of their property.
Councilmember Freeman stated all departments affected by this easement have given approval as there is no anticipated future need for the easement.
It was moved by Councilmember Freeman, seconded by Councilmember Francis, to approve the ordinance vacating the easements for Lots 12, 13, 20, and 21 in Block 17 of the East View Addition, Division 3, under the suspension of the rules requiring three complete and separate readings and request that it be read by title and published by summary. Roll call as follows: Aye – Councilmembers Radford, Francis, Smede, Hally, Freeman. Nay – none. Motion carried.
At the request of Mayor Casper, the City Clerk read the ordinance by title only:
ORDINANCE NO. 3275
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.
Community Development Services
Subject: Ordinance and Memorandum of Understanding Regarding Parking Enforcement in the Downtown Area
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October 10, 2019 - Unapproved
For consideration is an ordinance modifying various sections of City Code to allow an authorized parking enforcement agent to assist in parking enforcement. The Ordinance also includes an appeal process for parking violation tickets and addresses other minor changes within these sections. The ordinance is directly related to the Memorandum of Understanding (MOU) which designates Idaho Falls Downtown Development Corporation (IFDDC) as an authorized parking enforcement agent for the downtown area. This concept was discussed during the budget work sessions earlier this year and the Council indicated support for developing the MOU and committed $35,000 in the budget to assist with this transition. The MOU stipulates the authority of IFDDC, how the money from the City and any parking tickets may be used.
Community Development Services Director Brad Cramer reiterated changes to the ordinance will authorize an enforcement agent for the City to enforce parking standards specifically in the downtown area and, the MOU will designate IFDDC as the parking enforcement agent. He noted the Parking Management Agreement with IF-1, LLC, managed by the Oppenheimer Corporation, will manage the underground parking garage and the surface parking at The Broadway. Director Cramer stated the City currently owns The Broadway. The Broadway is still under warranty, hence the agreement with IF-1, LLC, and not IFDDC. This management agreement will be reviewed after one (1) year. To the response of Councilmember Freeman, Director Cramer stated the warranty is with the construction company. Councilmember Smede reiterated Director Cramer’s comments. She stated although this is a pilot project she recognized the extensive research by Catherine Smith, IFDDC Executive Director, with positive input received from the downtown business owners. Councilmember Smede noted this item was previously discussed during the budget sessions.
It was moved by Councilmember Smede, seconded by Councilmember Radford, to approve the Ordinance amending various sections of City Code related to parking enforcement under a suspension of the rules requiring three complete and separate readings and request that it be read by title and published by summary. Roll call as follows: Aye – Councilmembers Radford, Freeman, Smede, Francis, Hally. Nay – none. Motion carried.
At the request of Mayor Casper, the City Clerk read the ordinance by title only:
ORDINANCE NO. 3276
AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, AMENDING THE CITY CODE'S DOWNTOWN PARKING REGULATIONS, CREATING PROCEDURES AND REGULATIONS FOR THE COUNCIL TO AUTHORIZE AGENTS TO ENFORCE THE DOWNTOWN PARKING REGULATIONS, AND PROVIDING SEVERABILITY, CODIFICATION, PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE.
It was moved by Councilmember Smede, seconded by Councilmember Radford, to approve the Memorandum of Understanding with the Idaho Falls Downtown Development Corporation, and give authorization for the Mayor and City Clerk to execute the necessary documents. Councilmember Francis noted the annual report date was adjusted in the MOU. Roll call as follows: Aye – Councilmembers Hally, Smede, Freeman, Francis, Radford. Nay – none. Motion carried.
Subject: Parking Management Agreement with IF-1, LLC for The Broadway Garage
For consideration is a Parking Management Agreement between Idaho Falls and IF-1, LLC to manage the parking garage at The Broadway. IF-1, LLC owns the buildings on the site and constructed the garage and plaza.
Councilmember Smede reiterated Director Cramer’s previous comments. She stated the agreement outlines responsibilities for maintenance, revenues, and, expenditures.
It was moved by Councilmember Smede, seconded by Councilmember Radford, to approve the Parking Management Agreement with IF-1, LLC and give authorization for the Mayor and City Clerk to execute the
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October 10, 2019 - Unapproved necessary documents. Roll call as follows: Aye – Councilmembers Smede, Hally, Radford, Freeman, Francis. Nay – none. Motion carried.
Subject: Public Hearing – Snake River Townhomes Planned Unit Development and Reasoned Statement of Relevant Criteria and Standards
For consideration is the application for a Planned Unit Development (PUD) and Reasoned Statement of Relevant Criteria and Standards for Snake River Townhomes in the Snake River Landing Development. This application was considered by the Planning and Zoning Commission (P&Z) at its September 3, 2019 meeting and recommended for approval by unanimous vote.
Mayor Casper opened the public hearing and ordered all items presented be entered into the record.
Director Cramer stated this property includes 53 townhomes. He indicated one (1) reason for a PUD is when the developer wants to utilize private streets for lots that will eventually be sold. A PUD also allows for some adjustment of regular development standards in exchange for amenities in the development. Director Cramer presented the following: Slide 1 – Current zoning of property under consideration Slide 2 – Comprehensive Plan Future Land Use Map Slide 3 – Aerial photo of property under consideration Slide 4 – Additional aerial photo of property under consideration Director Cramer noted the private roadway system that was previously referenced. Slide 5 – Site plan exhibit Director Cramer stated in this design the fronts of the public buildings will face the public streets. He noted this is a unique design for Idaho Falls. He stated a request for a reduction in setbacks from a street, which is one (1) adjustment for the PUD, is taking place along the private streets with a rear-loaded garage. In exchange is a large playground on the north end of property. Slide 6 – Landscape exhibit Director Cramer noted the pathways will connect with the Snake River Landing bike and pedestrian system. This is one (1) of the amenities listed in the Code. Director Cramer stated PUDs are required to have a higher percentage of landscaping than normal development. Slide 7 – Phasing exhibit Director Cramer stated this development will be built over five (5) phases. The amenities are required to be built in the first phase of the PUD. Phase one (1) includes the playground. Slide 8 – Building 1, 5 unit elevations Slide 9 – Building 2, 3 unit elevations Slide 10 – Building 2, 5 unit elevations Slide 11 – Photo of corner of White Water and Snake River Parkway Slide 12 – Photos looking north and west along the site
Councilmember Radford questioned the requirement of the Home Owners Association (HOA) in the PUD to pay for snow removal. Director Cramer stated an HOA is not required although covenants are required to ensure the utility lines and roadways were covered. Any utility lines and roadways will be private and will require maintenance. To the response of Councilmember Hally, Director Cramer confirmed the internal streets are private within the development. To the response of Councilmember Freeman, Director Cramer also confirmed the City will not be required to maintain the park. Mayor Casper stated, due to the connectivity requirement, the most significant pathway is across a very busy street. She questioned a plan for pedestrian crossing of the street. Director Cramer is unsure if this item was specifically addressed in this particular development. He reviewed the most logical connection on the map. Mayor Casper questioned requirements for a child-friendly crosswalk versus the current pavers in Snake River Landing. Director Cramer stated an additional adjustment requested is a reduction in length of the parking stalls from 9x20 stalls to 9x19 stalls. He indicated a variance for that same standard and setbacks were approved for the adjacent apartments. He believes the loss of one (1) foot is not detrimental and there would be no negative impacts on the development. To the response of Councilmember Francis, Director Cramer 5
October 10, 2019 - Unapproved confirmed there will be no parking on the streets. He noted the additional parking stalls in the center of the development.
Mayor Casper requested public comment from the applicant.
Dan Larsen, Kartchner Homes, appeared. Mr. Larsen reviewed the connectivity of the trail systems. He noted the trail systems have not been pushed out into the road. He also noted each unit will have two-car parking. He reviewed the area for visitor parking. He also confirmed there will be no parking in the driveway or on the roads. Mr. Larsen expressed his appreciation to staff. Councilmember Radford questioned the parking enforcement. Mr. Larsen stated parking enforcement will be set up with the HOA.
Mayor Casper requested any public comment. No one appeared. Mayor Casper closed the public hearing.
Councilmember Smede reiterated Director Cramer’s comments of development, the number of units, and, the proposed living units. Councilmember Radford expressed his appreciation for Code changes that may have facilitated a different architectural style.
It was moved by Councilmember Smede, seconded by Councilmember Freeman, to approve the Planned Unit Development for Snake River Townhomes. Roll call as follows: Aye – Councilmembers Smede, Francis, Freeman, Hally, Radford. Nay – none. Motion carried.
It was moved by Councilmember Smede, seconded by Councilmember Freeman, to approve the Reasoned Statement of Relevant Criteria and Standards for the Planned Unit Development for Snake River Townhomes, and give authorization for the Mayor to execute the necessary documents. Roll call as follows: Aye – Councilmembers Francis, Freeman, Hally, Radford. Smede. Nay – none. Motion carried.
Subject: Public Hearing – Modifications to the Zoning Code and Sign Code
For consideration is an ordinance for minor modifications to the zoning code and sign code. These changes are part of ongoing maintenance to both codes which CDS conducts annually. The changes address issues identified during implementation of the codes. These changes were reviewed by the Planning and Zoning Commission at its September 3, 2019 meeting and recommended for approval by a 5-1 vote.
Mayor Casper opened the public hearing and ordered all items presented be entered into the record.
To the response of Mayor Casper, Director Cramer confirmed this item is a legislative hearing. He stated staff has been reviewing ordinances on an annual basis to keep the ordinances up-to-date. Staff is also addressing issues on a regular basis versus an emergency basis. These proposed modifications are mainly clean-up adjustments. Director Cramer stated the Zoning Code was amended several months ago to move Conditional Use Permits (CUP) from the P&Z to the Board of Adjustment (BOA). He believes this amendment has worked wonderfully and has increased the BOA meeting frequency. However, he indicated the CUPs were not changed in the Sign Code. Therefore, the only modification to the Sign Code is moving the CUP from the P&Z to the BOA. Director Cramer stated several of the Zoning Code changes will relate to land uses that were previously included although they were missed during the re-write of the Code. Slide 1 – Proposed text Director Cramer stated one (1) change will allow financial institutions in the R3A zone, which has always been allowed. He stated another change will allow residential development in the Limited Commercial (LC) Zone. The LC has been a mixed-use zone that has allowed residential development although single-unit attached and single- unit detached were missed in the previous amendments. He referred to the previous hearing for Snake River Landing that allowed these units. These units have been previously allowed, they are being reinserted in the Zoning Code. Slide 2 – Proposed text
6
October 10, 2019 - Unapproved
Director Cramer stated the Code previously allowed residential development to occur in the LC Zone although it needed to follow the standards of the R3A Zone. This is being re-inserted into the Code. Slide 3 – Proposed text Director Cramer stated the PUD of the Code previously required at least one (1) of the amenities must be built in the first phase of the phasing plan. This section was also dropped during the updates and is being re-inserted. Director Cramer believes this is an important part of the zoning ordinance to ensure the amenity is built. Councilmember Francis questioned the strike-through on the LC setback. Director Cramer stated this is a site-width requirement in the LC Zone in anticipation of residential development. He noted commercial developments do not have a requirement for street frontage, as is required on a home, as commercial development often takes a large lot and breaks it into smaller pieces. Not all of those lots may have frontage on a street. Director Cramer stated the site width was required to be the frontage, which created a problem. The width requirements were deleted from the Commercial Zones. Director Cramer also noted the asterisks will refer to the R3A standards in the Code. To the response of Councilmember Freeman, Director Cramer stated the elimination of the financial institutions was noticed by staff during a permit request.
Mayor Casper requested any public comment. No one appeared. Mayor Casper closed the public hearing.
Councilmember Smede reminded the Council that revisions would be required when the Code was changed in the previous year. She reiterated Director Cramer’s comments.
It was moved by Councilmember Smede, seconded by Councilmember Freeman, to approve the Ordinance amending the Zoning Code and Sign Code under a suspension of the rules requiring three complete and separate readings and request that it be read by title and published by summary. Roll call as follows: Aye – Councilmembers Smede, Hally, Radford, Freeman, Francis. Nay – none. Motion carried.
At the request of Mayor Casper, the City Clerk read the ordinance by title only:
ORDINANCE NO. 3277
AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, AMENDING TITLE 7, CHAPTER 9, TO CHANGE AND REVIEW CONDITIONAL USE PERMITS TO THE BOARD OF ADJUSTMENTS; AMENDING TITLE 11, CHAPTERS 2 AND 3 OF THE ZONING CODE TO MODIFY THE LAND USE TABLES; PROVIDING SEVERABILITY, CODIFICATION, PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE.
Municipal Services
Subject: Quote 19-036 Renovation of City Hall Utility Offices
On September 9, 2019, quotes were received and opened for the renovation of City Hall Utility Offices.
Councilmember Radford stated this item has been discussed for a number of years. To the response of Councilmember Freeman, Municipal Services Director Pamela Alexander confirmed a flood occurred in the utility office due to epic rain fall and old piping. She stated this issue will be addressed when current staff is relocated. Mayor Casper stated the renovations will allow consolidation of public services, including handicapped access.
It was moved by Councilmember Radford, seconded by Councilmember Smede, to approve the quote from Alan Clark Construction, Inc. of Idaho Falls for a total of $86,559.00. Councilmember Francis commended Director Alexander for working on the accessibility of City Hall for several years. Mayor Casper stated there is an ongoing plan for accessibility. Director Alexander noted City Hall is a 1930’s building, renovations are occurring as possible. She also recognized the Space Utilization Committee that focuses on Americans with Disabilities Act (ADA)-type accessibility issues. She noted the funding for the renovations is not coming from ADA funds. Roll call as follows: Aye – Councilmembers Hally, Francis, Radford, Smede, Freeman. Nay – none. Motion carried 7
October 10, 2019 - Unapproved
Subject: Public Hearing for the Purchase and Sale Agreement between the City of Idaho Falls and Bonneville County
The purpose of the public hearing is to receive public comment for the purchase of surplus 4-H property for $430,000.00.
Mayor Casper stated this property is known as the 4-H Building, or the Bonneville County Extension Building, and is currently owned by Bonneville County. This building will be intended to assist with zoo expansion and zoo administrative offices. Mayor Casper noted each governmental entity is required to hold public hearings. She indicated Bonneville County has previously held their public hearing and the agreement has been signed by the County. The agreement would be approved by the Council in the future if there are no concerns.
Mayor Casper opened the public hearing and requested any public comment. No one appeared. Mayor Casper closed the public hearing. Councilmember Francis expressed his concern for personal comments. Following brief discussion it was decided Councilmember Francis would contact the Directors for any specific concerns.
There was no action recommended.
Announcements:
Mayor Casper announced several shows will be forthcoming at the Colonial Theatre; Idaho Falls, on behalf of the Chamber of Commerce, will be hosting the annual legislative tour which will include a ribbon cutting for new Idaho National Laboratory (INL) buildings; a Special Council Meeting will be held on October 17 regarding the future of Idaho Falls Fiber; and, Councilmember Dingman is participating in transportation meetings. Councilmember Dingman will also be participating in the Mrs. Idaho pageant.
There being no further business, the meeting adjourned at 8:39 p.m.
CITY CLERK MAYOR
8
REGULAR AGENDA:
Office of the Mayor, Economic Development Coordinator Thursday, October 24, 2019 Community Partnership Grant Committee Report
Item Description
Attached please find the summary of funding recommendations from the Community Partnership Grant citizen committee. As discussed, the report provides a detailed breakdown of the grant funding recommended for each nonprofit organization that applied for public funding during the 2019-2020 fiscal year.
The Community Partnership Grant Committee thoroughly considered the merits of each request along with available funds and relative need for each organization. The committee also examined the nexus between each request and the essential city purpose it will achieve. Each request was further reviewed in the 21 October Work Session and did not recommended any substantive changes to the awards presented on the attached summary. As requested, clarification will be sent to the appropriate recipients regarding funds being used to serve City of Idaho Falls residents and/or interests.
Once approved, award letters will be sent to each recipient. As in the past, awards will be distributed upon request.
Purpose
The City of Idaho Falls Community Partnership Grants are awarded to publicly supported and tax- exempt nonprofit organizations, institutions, and agencies within the grant service area. The grant service area is defined as Bonneville County, with substantive benefits to City of Idaho Falls residents. The grants are intended to supplement city services and/or support key community objectives.
Fiscal Impact / Financial Review
$130,000 total allocated budget for the City of Idaho Falls Community Partnership Grant.
Legal Review
The program and recommendations have been reviewed and accepted by the Legal department.
Interdepartmental Review
N/A
Recommended Action To approve the 2019-2020 Community Partnership Grant awards in the amount of $130,000.
☒ Economic ☐ Governance ☐ Growth ☐ Learning
☐ Livable ☐ Safety ☐ Sustainability ☐ Transportation
2
Community Partnership Grant
FY2019/20 Applicants Amount Requested Amount Recommended Project Description Behavioral Health Crisis Center $ 10,000.00 $ - Assist with case management assessments and referrals for detoxing individuals Bonneville County Heritage Association $ 5,000.00 $ - Various items related to operations Community Food Basket $ 35,000.00 $ 17,500.00 Hunger and Food Insecurity Relief Program Eastern Idaho Spay/Neuter Coalition $ 25,000.00 $ 15,000.00 Spay/Neuter cats FreeMed $ 15,000.00 $ 15,000.00 Salary for two part-time employees Habitat for Humanity $ 35,000.00 $ 5,000.00 New home construction project Idaho Falls Area Humanitarian Center $ 2,041.37 $ 1,300.00 Purchase table saw, circular saw, sliding miter saw, and two laminators Idaho Falls Arts Council $ 35,000.00 $ 10,000.00 $25,000 towards Colonial and Willard endowment; $10,000 for 2020 Roaring Youth Jam Idaho Falls Community Garden Association $ 356.00 $ - Water service fees Idaho Falls Downtown Development Corporation $ 12,000.00 $ 11,000.00 Update Riverwalk kiosk sign Idaho Falls Historic Downtown Foundation $ 6,000.00 $ 6,000.00 Purchase of additional trash receptables for downtown Idaho Falls Rescue Mission $ 13,685.00 $ - Parking lot improvement project Idaho Falls Symphony $ 17,427.00 $ - Education and outreach programs support Liiingo $ 5,500.00 $ 5,500.00 Development and implementation of Liiingo Experience Idaho Falls Museum of Idaho $ 20,000.00 $ 6,000.00 Student Ticket Initiative Promise Ridge $ 6,000.00 $ 6,000.00 Night security staff annual wages Senior Citizens Community Center, Inc. $ 35,000.00 $ 21,275.00 Food expense shortage, utilities, wages, and fuel Snake River Animal Shelter $ 4,500.00 $ - Humane education program assistance (transportation, marketing) The Haven Shelter $ 10,425.00 $ 10,425.00 Client expenses (birth certificates, glasses/eye exams, cell phones, mattresses) Total $ 292,934.37 $ 130,000.00
Brad Cramer, Community Development Services Director Friday, October 18, 2019 Ordinance Amending Street Name Spellings
Item Description
For consideration at the October 24, 2019, regular Council meeting is an ordinance amending three street name spellings. These spellings were considered on September 26 as part of a separate ordinance which changed them to an unconventional spelling. The reason the ordinance changed the spellings was to have the least possible impact on existing homes addressed from the odd spellings. However, after concerns were later raised, staff has prepared the ordinance to again change the names to the commonly accepted spellings for the three street names.
Purpose
Changing the street name spellings is consistent with community oriented results for good governance.
Fiscal Impact / Financial Review
NA
Legal Review
Legal has reviewed the Ordinance.
Interdepartmental Review
Public Works staff has reviewed the Ordinance.
Recommended Action
Staff recommends the following actions: 1. To approve the Ordinance amending certain street name spellings, under the suspension of the rules requiring three complete and separate readings and that it be read by title and published by summary. Economic ☒ Governance ☐ Growth Learning ☐ ☐
☐ Livable Safety Sustainability ☐ Transportation ☐ ☐
2 ORDINANCE NO.
AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO; CHANGING THE SPELLING OF LAPOLOMA DRIVE TO LA PALOMA DRIVE; YUKATAN WAY TO YUCATAN WAY; AND CASSEOPEIA STREET TO CASSIOPEIA STREET; PROVIDING SEVERABILITY, CODIFICATION, PUBLICATION BY SUMMARY, AND ESTABLISHING AN EFFECTIVE DATE WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE.
WHEREAS, The City of Idaho Falls desires to maintain an efficient and logical roadway system; and
WHEREAS, the City desires to have a consistent street naming system; and
WHEREAS, having consistent street naming is critical for emergency services and delivery services; and
WHEREAS, the City wishes, where practicable and logical, to use commonly accepted spellings of words to identify streets; and
WHEREAS, the street name spellings proposed to be changed in this Ordinance modify the current spellings to the more commonly accepted spellings; and
WHEREAS, the Council conducted a duly noticed public meeting and passed a motion to approve the name changes on October 24, 2019.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF IDAHO FALLS, IDAHO, AS FOLLOWS: SECTION 1: That Lapoloma Drive is changed to La Paloma Drive.
SECTION 2. That Yukatan Way is changed to Yucatan Way. SECTION 3. That Casseopeia Street is changed to Cassiopeia Street.
SECTION 4. Savings and Severability Clause. The provisions and parts of this Ordinance are intended to be severable. If any section, sentence, clause or phrase of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance.
SECTION 5. Codification Clause. The City Clerk is instructed to immediately forward this Ordinance to the codifier of the official municipal code for property revision of the Code.
SECTION 6. Publication. This Ordinance, or a summary thereof in compliance with Idaho Code, shall be published once in the official newspaper of the City, and shall take effect immediately
ORDINANCE – STREET NAME CHANGES PAGE 1 OF 2 upon its passage, approval, and publication.
SECTION 7. Effective Date. This Ordinance shall become effective upon its passage, execution, and publication in the manner provided by law.
PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF IDAHO FALLS, IDAHO, THIS DAY OF , 2019.
CITY OF IDAHO FALLS, IDAHO
Rebecca L. Noah Casper, Mayor ATTEST:
Kathy Hampton, City Clerk
(SEAL)
STATE OF IDAHO ) ) ss: County of Bonneville )
I, KATHY HAMPTON, CITY CLERK OF THE CITY OF IDAHO FALLS, IDAHO, DO HEREBY CERTIFY:
That the above and foregoing is a full, true and correct copy of the Ordinance entitled, “AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO; CHANGING THE SPELLING OF LAPOLOMA DRIVE TO LA PALOMA DRIVE; YUKATAN WAY TO YUCATAN WAY; AND CASSEOPEIA STREET TO CASSIOPEIA STREET; PROVIDING SEVERABILITY, CODIFICATION, PUBLICATION BY SUMMARY, AND ESTABLISHING AN EFFECTIVE DATE WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE.”
Kathy Hampton, City Clerk ORDINANCE – STREET NAME CHANGES PAGE 2 OF 2 Brad Cramer, Community Development Services Director Friday, October 18, 2019 Ordinance Amending Section Title 5, Chapter 8 of City Code
Item Description
For consideration at the October 24, 2019, regular Council meeting is an ordinance amending Title 5, Chapter 8 of City Code regarding litter and abatement. Code Enforcement staff brought forward concerns that some of the definitions in the code were difficult to interpret and enforce. The proposed changes modify the definitions to be clearer and easier to enforce. The ordinance also modifies other sections of the code related to litter and its accumulation as well as other general, minor edits throughout the section. Litter is one of the most common code violations handled by Code Enforcement staff so clear code is critical to their work. Staff respectfully requests approval of the changes.
Purpose
Changing the code sections is consistent with community oriented results for good governance.
Fiscal Impact / Financial Review
NA
Legal Review
Legal has reviewed the Ordinance.
Interdepartmental Review
NA Recommended Action
Staff recommends the following actions:
1. To approve the Ordinance amending Title 5, Chapter 8, under the suspension of the rules requiring three complete and separate readings and that it be read by title and published by summary. Economic ☒ Governance ☐ Growth Learning ☐ ☐
☐ Livable Safety Sustainability ☐ Transportation ☐ ☐
2
ORDINANCE NO. ______
AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, AMENDING TITLE 5, CHAPTER 8 TO CLARIFY DEFINITIONS RELATED TO LITTER; ELIMINATE UNNECESSARY AND INCONSISTENT LANGUAGE; PROVIDING SEVERABILITY, CODIFICATION, PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE.
WHEREAS, the Council wishes to preserve, promote, and enhance the beauty of our community by reducing nuisances created by weeds and litter in and on public and private property; and
WHEREAS, the current Ordinance can be improved by providing different definitions for litter, rubbish, and garbage, as well as eliminating some redundant redundancy, and creating consistency of language throughout the Ordinance; and
WHEREAS, these changes should improve successful enforcement of these provisions of the City Code.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF IDAHO FALLS, IDAHO, THAT:
SECTION 1. Title 5, Chapter 8, of the City Code of the City of Idaho Falls, Idaho, is hereby amended as follows:
5-8-1 PURPOSE. The accumulation of waste, refuse, trash, garbage, rubbish, lLitter, weeds, and other deleterious substances upon public and private property, canal rights-of-way, and in streets, and alleys, rights-of-waysidewalks, parks, rights-of-way easement, tree lawns, and the like, within the City detracts from the appearance of the City and reduces property values. The accumulation of sSuch deleterious substances also increases the spread of contagious diseases and infections, and creates a health and safety hazard to children. It is necessary for the preservation of health, safety, sanitation and the public welfare that proper and adequate regulations be adopted to require property owners, tenants and all persons having control of real property and the storage, disposal, deposit, or and accumulation of deleterious substances, to remove and dispose of such deleterious substances in the manner specified in this Chapter.
5-8-2 DEFINITIONS. For the purposes of this Chapter, certain terms shall have the meanings ascribed below:
Aircraft. Any craft designed for navigation or flight in air.
Bulky Waste. Stores, water heaters, washing machines, refrigerators, freezers, microwaves, whole goods, durable consumer electronics, televisions, tires, tire rims, and similar items as well as household construction debris.
LITTER AND WEED ORDINANCE PAGE 1 OF 6
Garbage. Waste (animal, vegetable, and/or other matter) that results from the handling, packing, preparation, processing, consumption, dealing in, canning, storage, transportation, decay, or decomposition of meats, fish, fowl, birds, fruits, grains, or other animal or vegetable matter (including, but not by way of limitation, used tin cans, and other food containers; including all putrescible waste matter which is likely to attract flies or rodents).Any waste resulting from the preparation, cooking, consumption or handling of food or other edible substance, whether for human or animal consumption, including without limitation, waste from the handling, storage and sale of produce.
Handbill. Any printed or written matter, sample, circular, leaflet, pamphlet, booklet, or any other printed literature of any kind.
Junk. Any waste consisting of any mechanical appliance, vehicle, machinery, equipment or apparatus, or any parts therefrom, including without limitation, all non-functional appliances, automobiles, automobile parts, recreational vehicles, boats, snowmobiles, motorcycles, farming and construction equipment.
Litter. Garbage and Rubbish, including, but not limited to, that which is loosely strewn, uncollected, unpackaged, or uncontained which may include paper, bottles, cans, glass, crockery, plastic, rubber, waste building materials, disposable packages, cigarette butts and other tobacco products, gum, and containers.Garbage, junk, refuse, waste, and weeds as defined in this Chapter.
Noxious weed. Any plant classified by the Director of the Idaho State Department of Agriculture as a "noxious weed" in Title 06, Chapter 22 of the Idaho Administrative Procedures Act (IDAPA), as amended from time to time.
Occupant. Any person having control, possession or charge over real property.
Owner. Any person having a fee ownership in real property.
Refuse. All materials of any kind or nature, including, but not limited to, handbills, newspapers, papers, cartons, boxes, barrels, shrubs, tree trunks (other than stumps in the ground), wood, brush, weeds, branches, yard trimmings, leaves, furniture, bedding, tin cans, metals, bottles, ashes, clinkers, automobile bodies and parts, appliances, broken glass, broken concrete, rock, crockery, mineral waste, street sweepings, industrial waste, sawdust, lumber scraps, shavings, animal carcasses, wire and plastics.
Rubbish. Nonputrescible solid wastes (excluding ashes) consisting of both combustible and noncombustible wastes and Bulky Waste. Combustible rubbish includes paper, rags, cartons, wood, furniture, rubber, plastics, yard trimmings, leaves, and similar material. Noncombustible rubbish includes glass, crockery, metal cans, metal furniture and like material, which will not burn at ordinary incinerator temperatures (not less than one thousand six hundred (1600) degrees F).
Waste. Any material or items for which a reasonable person would conclude there is no practical use other than for recycling (rather than resale), and which if placed or deposited as prohibited in this Chapter is markedly offensive or unsightly; or which creates an offensive odor; or is unsanitary
LITTER AND WEED ORDINANCE PAGE 2 OF 6
or unsafe; attracts insects or rodents; or in any way creates a public nuisance or health or safety hazard.
Weeds. Any plant, growing or dead, more than ten (10”) inches in height, measured from the surface of the ground, except plants grown for ornamental purposes or for production of food for man or beast, and any noxious weed, regardless of height.
5-8-3 LITTERING PROHIBITED No person shall deposit or allow to be deposited litter in or upon any public or private property, canal right-of-way, public street, alley, sidewalk, park, right- of-way easement, or upon any publicly-owned property property within the City, except in receptacles designed therefor.
5-8-4 DEPOSIT OF LITTER IN RECEPTACLES. No person shall deposit or allow to be deposited litter in any receptacle, upon any public place or private property in a manner which exceeds the capacity of such receptacle or which will create a likelihood of its being dispersed, blown, or carried by the natural elements or animals. upon any public place or private property.
5-8-5 DEPOSIT OF PETROLEUM PRODUCTS. No person shall pour or deposit oil or any other petroleum product upon any public or private property, canal right right-of of-way, public street, alley, sidewalk, park, right-of-way easement or other public property, provided nothing herein shall prevent the use of oil, asphalt or other petro-chemicals for the purpose of construction, maintenance or operation of a street or alley.
5-8-6 LITTERING FROM VEHICLES. No person shall throw, or permit to be thrown from any vehicle, any litter or handbills while a driver or passenger in a vehicle being operated upon a public street or alley.
5-8-7 DROPPING MATERIAL FROM AIRCRAFT. No person in any aircraft shall throw out any litter or handbills while flying over the City
5-8-68 IMPROPER HAULING OF LITTER. It is unlawful for any person to haul litter, or otherwise operate a vehicle carrying litter, in any manner which causes litter to be deposited or to accumulate upon any private property, canal right-of-way, public street, alley, sidewalk, park, right-of-way, or upon any publically-owned property within the City, upon any public street, sidewalk or private property, or which creates a reasonable likelihood that litter will be blown, dropped or spilled therefrom.
5-8-79 POSTING NOTICES. No person shall post or affix any handbill or sign upon any public utility pole, building, sign post, lamp post, telephone pole, structure, shade tree, appurtenance, or upon any public structure or building, except as may be expressly authorized or required by law.
5-8-810 POSTING HANDBILLS OR SIGNS. No person shall post or affix any handbill or sign to any utility pole, building, sign post, lamp post, telephone pole, structure, shade tree, or appurtenance, or any structure owned by any other person, without the consent of the owner or occupant thereof.
LITTER AND WEED ORDINANCE PAGE 3 OF 6
5-8-911 ACCUMULATION OF LITTER UPON PRIVATE PROPERTY. It shall be unlawful and a public nuisance for any persons owning, occupying, or having control of private property within the City to deposit, store or allow the accumulation of litter upon such property, except:
(A) The temporary storage or accumulation of construction debris or materials in a manner which prevents the same from being blown or disbursed upon adjoining property, while a building or structure is being constructed upon the premises, or during remodeling or reconstruction thereof.
(B) Upon any property owned or operated by any recycler, salvage dealer, or junk yard dealer licensed by the City, subject to all provisions and restrictions contained in any ordinance or statute governing the operation of such licensed business.
5-8-10 LITTER VIOLATION. The hauling, depositing, or allowing of litter to be deposited in violation of this Code is an infraction for every twenty-four (24) hour time period that such litter is not removed following City notice to remove unless the litter is not removed after seventy-two (72) hours following the first notice of infraction, after which the violation automatically becomes a misdemeanor.
5-8-112 REMOVAL OF WEEDS. It shall be unlawful and a public nuisance for any owner(s) or occupant(s) or for controller(s) of any real property within the City to allow weeds to grow, exist or accumulate upon such real property.
5-8-13 LITTER VIOLATION. The hauling or allowing of litter to accumulate in violation of this Code is an infraction for every twenty-four (24) hour time period that such litter is not removed following City notice to remove unless the litter is not removed after seventy-two (72) hours following the first notice of infraction, after which the violation automatically becomes a misdemeanor. 5-8-124 NOTICE TO ABATE.
(A) Whenever a violation of this Chapter comprises a public nuisance, a notice shall be issued by the City to the owner(s), occupant(s), or person(s) of the premises requiring abatement of the nuisance identified in this notice.
(B) Said notice shall be served upon the owner(s) of the affected premises, as such ownership is shown on the last property tax assessment rolls of Bonneville County, Idaho, and upon any known occupant(s) or controller(s) of the premises. Service of notice may be accomplished through personal service on the owner(s), occupant(s), or person(s) in control of the property, by United States mail, by hand delivery, by posting in a conspicuous place upon the premises, or by other delivery method reasonably calculated to give notice to the owner(s), occupant(s), or person(s) in control of the property.
(C) Such notice shall be in writing and shall clearly state that the property contains a public nuisance and that the owner(s), occupant(s), or controller(s) shall abate the nuisance within ten (10) calendar days after the date of the notice; that the owner(s), occupant(s), or person(s) in control of the property given the notice may, within ten (10) calendar days following receipt of the notice, deliver in writing to the City Clerk his or her objections to the abatement of the nuisance and
LITTER AND WEED ORDINANCE PAGE 4 OF 6
request an appeal hearing before a panel comprised of three (3) members of the Board of Adjustment upon payment of a fee for the appeal in an amount established from time to time by the Council.
(D) Where the Director of Community Development Services determines that abatement of the nuisance requires more than ten (10) days to abate, the Director may defer abatement of such nuisance; however, any appeal of such an abatement notice (along with the proper fee for appeal) shall be filed ten (10) calendar days after receipt of such notice. The Director’s deferral of abatement shall be in writing and shall identify a date by which the nuisance shall be abated. Failure to abate the nuisance on or before the deferral date is a violation of this Chapter.
5-8-135 APPEAL. Upon receipt by the City of intent to appeal and payment of the appeal fee, a person receiving notice to abate shall be heard by the Board of Adjustment panel within ten (10) business days of the filing of the appeal, during which appeal time no action shall be taken by the City regarding the nuisance. At the appeal hearing, the appellant must show, by a preponderance of the evidence, that there is an exception to abatement of the nuisance under this Chapter. The decision of the Board of Adjustment panel shall be final. Unless the Board of Adjustment panel finds an exception to nuisance abatement, abatement of the nuisance shall take place within ten (10) calendar days following the decision by the Board of Adjustment panel.
5-8-146 CITY ABATEMENT.
(A) City is authorized to use public funds to abate a weed nuisance.
(B) If the property owner(s) or occupant(s) or person(s) in control of the property fails to abate a weed nuisance within ten (10) calendar days following a final decision regarding the weed nuisance, the City may enter the property and commence abatement, pursuant to Idaho Code.
(C) If the City abates the weed nuisance, all costs and expenses related to abatement shall be billed and assessed against the property owner and, if unpaid, shall be collectible by any lawful means including, but not limited to, creation of a special assessment collectible against the subject property, pursuant to Idaho Code.
SECTION 2. Savings and Severability Clause. The provisions and parts of this Ordinance are intended to be severable. If any section, sentence, clause, or phrase of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this Ordinance.
SECTION 3. Codification Clause. The City Clerk is instructed to immediately forward this Ordinance to the codifier of the official municipal code for proper revision of the Code.
SECTION 4. Publication. This Ordinance, or a summary thereof in compliance with Idaho Code, shall be published once in the official newspaper of the City, and shall take effect immediately upon its passage, approval, and publication.
LITTER AND WEED ORDINANCE PAGE 5 OF 6
SECTION 5. Effective Date. This Ordinance shall be in full force and effect from and after its passage, approval, and publication.
PASSED by the City Council and APPROVED by the Mayor of the City of Idaho Falls, Idaho, this _____ day of December, 2019.
CITY OF IDAHO FALLS, IDAHO
______REBECCA L. NOAH CASPER, MAYOR ATTEST:
______KATHY HAMPTON, CITY CLERK
(SEAL)
STATE OF IDAHO ) ) ss: County of Bonneville )
I, KATHY HAMPTON, CITY CLERK OF THE CITY OF IDAHO FALLS, IDAHO, DO HEREBY CERTIFY:
That the above and foregoing is a full, true and correct copy of the Ordinance entitled, “AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, AMENDING TITLE 5, CHAPTER 8 TO CLARIFY DEFINITIONS RELATED TO LITTER; ELIMINATE UNNECESSARY AND INCONSISTENT LANGUAGE; PROVIDING SEVERABILITY, CODIFICATION, PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE.”
______(SEAL) KATHY HAMPTON, CITY CLERK
LITTER AND WEED ORDINANCE PAGE 6 OF 6
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;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;; 5 ,0 1! Brad Cramer, Community Development Services Director Friday, October 18, 2019 Request for Extension to Record a Final Plat, Windsor Addition No. 1, 1st Amended
Item Description
For consideration at the October 24, 2019, regular Council meeting is a request for an extension to record the Final Plat for Windsor Addition No. 1, 1st Amended. Section 10-1-9(B)(5)(b) states, “All approved final plats shall be offered for record within one hundred and eighty (180) days following approval by the Council, unless an extension of time for filing is granted by the Council.” The plat was approved by the Council on April 25, 2019. 180 days from the approval date was October 22. The applicant knew the plat would not be recorded by that date, but will be shortly thereafter if the extension is approved. The applicant explained to staff the reason the plat has not recorded is due to difficulties with deed restrictions on the adjacent Shopko property. Staff recommends approval of the extension for up to 180 days.
Purpose
Recording the final plat is consistent with community orient results goals for managed, well-planned growth.
Fiscal Impact / Financial Review
NA
Legal Review
NA
Interdepartmental Review
NA
Recommended Action
Staff recommends the following actions:
1. To approve an extension to record the Final Plat for Windsor Addition Division No. 1, 1st Amended for a maximum of 180 days. Economic ☒ Governance ☒ Growth Learning ☐ ☐
☐ Livable Safety Sustainability ☐ Transportation ☐ ☐
2 Final Plat Windsor Addition Division 1, First Amended
Aerial
Planning Division City Annex Building 680 Park Ave. Idaho Falls, ID 83402 (208) 612-8276 º Final Plat Windsor Addition Division 1, First Amended
Plat
Planning Division City Annex Building 680 Park Ave. Idaho Falls, ID 83402 (208) 612-8276 º
PJ Holm, Director, Parks and Recreation Department Monday, October 21, 2019 Acquisition of Funland in Tautphaus Park
Item Description
Agreement to purchase the assets of Funland in Tautphaus Park and the business itself.
Purpose
This agreement purports to the Community Oriented Results by providing a more Livable Community and fostering Economic Growth and Vibrancy by bringing additional assets under the City umbrella.
Fiscal Impact / Financial Review
The price of the carousel, Ferris wheel, octopus ride and the intellectual property and/or the rights to the Funland name and business is $120,000. The amount of $100,000 was approved out of the 2018/2019 budget by Council and will come from rolled encumbrances. The remaining $20,000 was approved by Council to come from the 2019/2020 budget.
Legal Review
The City Legal Department has prepared and approved this agreement.
Interdepartmental Review
N/A
Recommended Action
The Parks and Recreation Department recommends approving the purchase and acquisition of the Funland property.
☒ Economic ☐ Governance ☐ Growth ☐ Learning
☒ Livable ☐ Safety ☐ Sustainability ☐ Transportation
2
ASSET TRANSFER AGREEMENT BETWEEN LOML, L.L.C., DOING BUSINESS AS FUNLAND AND CITY OF IDAHO FALLS, IDAHO
THIS AGREEMENT made this ______day of ______, 2019, by and between LOML, L.L.C., an Idaho limited liability company, doing business as Funland, 253 West 16th St., No. 1, Idaho Falls, Idaho (hereinafter “FUNLAND”), and the City of Idaho Falls, Idaho, a municipal corporation of the State of Idaho, whose mailing address is P.O. Box 50220, Idaho Falls, Idaho 83405 (hereinafter “CITY”). WITNESSETH
WHEREAS, the Tautphaus Park Funland has been a community fixture since opening in 1940s; and
WHEREAS, the Tautphaus Park Funland has since its inception been a private operating business offering a unique public space, and
WHEREAS, the Tautphaus Park Funland has nearly seventy years of history of drawing the community together and attracting visitors to the City, and
WHEREAS, the Tautphaus Park Funland continues to draw interest and visitors to Tautphaus Park, and
WHEREAS, as part of the City’s master planning for Tautphaus Park in 2016, citizen feedback and polling indicated a strong public desire to improve and preserve the Tautphaus Park Funland
WHEREAS, CITY desires to preserve the historical and nostalgic value of the Tautphaus Park Funland, and
WHEREAS, FUNLAND had agreed to sell to CITY certain assets, including certain equipment and the intellectual property and goodwill of the Tautphaus Park Funland business.
In consideration of the mutual covenants contained herein, it is agreed by and between the parties as follows: 1. FUNLAND shall sell and transfer to CITY, free and clear of all liens, encumbrances, and liabilities, those assets of FUNLAND’s business, commonly known as Tautphaus Park Funland consisting of all intellectual property and the following items of equipment, the ferris wheel, the carousel, and the octopus ride, all of which are more
FUNLAND ASSET TRANSFER AGREEMENT PAGE 1 OF 7
fully described and enumerated in Schedule “A” which is attached and by this reference made a part of this agreement.
The closing of this purchase is contingent on FUNLAND to allow CITY to inspect, test, and investigate the equipment described and enumerated in Schedule “A” for safety, structural integrity, and other fitness issues. FUNLAND agrees to provide to CITY all maintenance records, reports, or other documentation in FUNLAND’s possession relevant to the safety, structural integrity, or fitness of the equipment. This Agreement is subject to CITY’s satisfaction of the results of these inspections, tests, and investigations. If CITY determines, in CITY’s sole discretion, that the equipment is not acceptable to CITY, CITY may terminate this Agreement by delivering written notice to FUNLAND. CITY shall have until November 31 to conclude all desired inspections and to provide written notice to FUNLAND of CITY’s intent to terminate this Agreement pursuant to this paragraph.
2. CITY shall pay FUNLAND as the one-time purchase price for the foregoing the total sum of one hundred twenty thousand dollars ($120,000.00). This total purchase price shall be payable in cash at closing.
3. All equipment and personal and intellectual property included in the sale and transfer shall be in good condition or in good working condition at the time of the closing. Purchaser shall accept all assets “as is” without warranty as to their condition and operation, except regarding any trademarks and copyrights, which must be free and clear for the use of CITY unencumbered.
4. CITY shall permit FUNLAND to hold an on-site auction to sell FUNLAND assets that are not part of this Agreement but are located at Tautphaus Park Funland. CITY and FUNLAND shall mutually agree on an auction date.
5. The actions to be taken by the parties to this Asset Transfer Agreement shall take place on or before local time, midnight, December 31, 2019, in the City Hall conference room, located at 308 Constitution Way, Idaho Falls, Idaho.
At the closing, FUNLAND shall deliver to CITY possession of all assets, and good and sufficient instruments of transfer, conveying and transferring all assets listed in
FUNLAND ASSET TRANSFER AGREEMENT PAGE 2 OF 7
Schedule “A” of this Asset Transfer Agreement to CITY. Such delivery shall be made against payment and delivery to FUNLAND of the price as set forth herein above. The instruments of transfer shall contain covenants and warranties that FUNLAND has good and marketable title in and to all of the assets listed in Schedule “A” of this Asset Transfer Agreement.
6. FUNLAND covenants, warrants, and represents as follows:
a. FUNLAND is not presently involved in any activity or outstanding dispute with any taxing authority as to the amount of any property taxes due, nor has FUNLAND received any notice of any deficiency, credit or other indication of deficiency from any taxing authority.
b. FUNLAND is the owner of and has good and marketable title to all of the assets enumerated in the attached Exhibit “A”, free from all encumbrances.
All representations and warranties made by FUNLAND shall survive the Closing.
7. FUNLAND hereby assumes all risk of loss, damage, or destruction resulting from fire or other casualty to the time of transfer of assets and Closing.
8. This Asset Transfer Agreement shall be binding upon the personal representatives, successors, and assignees of the respective parties. This Asset Transfer Agreement and any accompanying instruments and documents include the entire transaction between the parties on this subject matter and there are no representations, warranties, covenants, or conditions, except those specified in this Asset Transfer Agreement or in accompanying instruments and documents.
9. All covenants, warranties, and representations herein shall survive this Transfer Agreement and the Closing Date for a period of twelve (12) months from the execution date.
10. This Transfer Agreement shall be governed in all respects by the laws of the State of Idaho. 11. It is agreed that this Agreement shall be construed under and governed by the laws of the State of Idaho. In the event of litigation concerning it, it is agreed that proper venue shall be the District Court of the Seventh Judicial District of the State of Idaho, in and for the County of Bonneville.
FUNLAND ASSET TRANSFER AGREEMENT PAGE 3 OF 7
12. If any term or provision of this Agreement or application to any circumstance shall to any extent be invalid or unenforceable, the remainder of this Agreement and the application of such term or provision to circumstances other than those to which it is held invalid or unenforceable shall not be affected thereby, and each term or condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 13. Should either party default in the performance of any of the covenants or agreements contained herein, such defaulting party shall pay to the other party all costs and expenses, including, but not limited to, a reasonable attorney fee, including such fees on appeal, which the offended party may incur in enforcing this Contract of Sale or in pursuing any remedy allowed by law for breach hereof, whether such is incurred by the filing of suit or otherwise. 14. FUNLAND and CITY acknowledge that the terms of this Asset Transfer Agreement may vary from the terms contained in other preliminary agreements made prior to the execution of this Asset Transfer Agreement and may vary from any negotiations between the parties prior to the execution of this Asset Transfer Agreement. FUNLAND and CITY agree that the terms, covenants and conditions of this Asset Transfer Agreement shall supersede all such prior negotiations and agreements, that there are no other verbal promises, implied promises, agreements, stipulations, representations or warranties of any kind or nature, excepting those set forth in this Asset Transfer Agreement, and that this Asset Transfer Agreement shall be and is the final expression of the agreement of the parties on this subject matter and shall control. No modification of this Asset Transfer Agreement shall be valid unless in writing and executed by the parties to this agreement. 15. The Parties agree that this Agreement must be approved and executed by the Council of the City of Idaho Falls, Idaho, to become effective.
FUNLAND ASSET TRANSFER AGREEMENT PAGE 4 OF 7
IN WITNESS WHEREOF, the parties hereto have set their hands and seals, the date and place first above written. ATTEST: “CITY” City of Idaho Falls, Idaho
By By Kathy Hampton, City Clerk Rebecca L. Noah Casper, Mayor
“FUNLAND”
By______Ann Jernigan Managing Partner
FUNLAND ASSET TRANSFER AGREEMENT PAGE 5 OF 7
STATE OF IDAHO ) ) ss. County of Bonneville )
On this day of , 2015, before me, the undersigned, a notary public for Idaho, personally appeared Rebecca L. Noah Casper, known to me to be the Mayor of the City of Idaho Falls, Idaho, a municipal corporation that executed the foregoing document, and acknowledged to me that she is authorized to execute the same for and on behalf of said City.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written.
Notary Public of Idaho Residing at: ______My Commission Expires:______
(Seal)
STATE OF IDAHO ) ) ss. County of Bonneville )
On this day of , 2019, before me, the undersigned, a notary public for Idaho, personally appeared Ann Jernigan, known to me to be the managing member of LOML, L.L.C., an Idaho limited liability company, doing business as Funland, and acknowledged to me that she is fully and legally authorized to execute the same for and on behalf of said limited liability company.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written.
Notary Public of Idaho Residing at: ______My Commission Expires:______
(Seal)
FUNLAND ASSET TRANSFER AGREEMENT PAGE 6 OF 7
Schedule “A”
Items and equipment to be transferred to CITY from FUNLAND at closing
1. Ferris wheel, 1943 Eli Bridge Company – Chance Big Wheel– Serial Number 745-43, including Allis Chalmers G-138 Motor. 2. Carousel, 1948 Allan Herschell Company –– Serial Number 10-63-48. 3. Octopus Ride, 1946 Everly Aircraft Company – Serial number 2507. 4. All spare parts and service or ownership manuals (if any), for the above described equipment. 5. All maintenance records, reports, or other documentation in FUNLAND’s possession relevant to the safety, structural integrity, or fitness of the above described equipment. 6. Historical items in FUNLAND or Ann Jernigan’s possession related to the Tautphaus Park Funland, Tautphaus Park, or the Idaho Falls Zoo at Tautphaus Park, if any. 7. Trademarks, if any. 8. Telephone numbers, email addresses, social media accounts, and other business communication devices or services associated with the Tautphaus Park Funland business, if any. 9. Right to use name “Funland,” “Tautphaus Park Funland,” “Idaho Falls Funland.”
FUNLAND ASSET TRANSFER AGREEMENT PAGE 7 OF 7