City Council

APRIL 6 , 2015 ______________________________________________________________________________ ____________ The City Council of the City of Idaho Falls met in Special Council Meeting (Council Work Session), Monday, April 6, 2015, at the City Council Chambers in the City Annex Building located at 680 Park Avenue in Idaho Falls, Idaho at 3:00 p.m. There were present: Mayor Rebecca L. Noah Casper Councilmember Michael Lehto (arrived at 3:50 p.m.) Councilmember Ed Marohn Councilmember Barbara Ehardt Councilmember Thomas Hally Councilmember Sharon D. Parry Also present: Various Division Directors and public citizens Mayor Casper called the meeting to order at 3:00 p.m. Planning and Building Division - Item 1 - FY2015 Community Development Block Grant (CDBG) Annual Action Plan. Lisa Farris, the Grant Administrator, appeared and led the discussion. Lisa indicated the total number of projects has been about the same for the last two years. She provided a handout for each Councilmember and Mayor and provided information for each applicant, the project description, the criteria for each category, and the formula used to determine the funding. The Council was provided with two options for consideration. After a lengthy discussion regarding the Applicants and Descriptions, the Council decided on the following: FY2015 CDBG Project Application Description Council Applicant Amount Approved Public Service 15% Max Idaho Falls Legal Aid Legal Aid Assistance for victims of domestic violence. $8000 (O5C) 570.201(e) (BMPO) Bonneville Match of 7.34% for Transportation Grant requirement to access Safe $3670 Metropolitan Planning Routes to School grant of $50,000. SR2S grant provides (O5D) 570.201(e) evaluation/encouragement/incentives for LMA schools. CLUB, Inc. Presumed homeless Crisis Intervention (CIT) Case management/support $12,000 (O3T) 570.201(e) for crisis housing and related services. EICAP Legal Aid Assistance for Grandparent raising grandchildren GRG). $10,000 (O5C) 570.201(e) Total Public Service Requests/Options $33,670 Slum/Blight 30% Max Project Application Description IFDDC Public Facility - Slum/Blight SBA Area Improvements include: facades, $60,000 (14E) 570.202(a)(3) awnings, roofs, signs, and code corrections. LMI projects 70% Min Project Application Description Planning Dept. Code Code Enforcement Program in (3) LMI Census Tract neighborhoods. $70,786 Enfc. (15) 570.202(c) City Public Works Dept. Public Facility & Improvement with Curb/Gutter, and Sidewalk $40,000 (O3L) 570.201(c) Replacement in LMI neighborhood. City Public Works Dept. Public Facility & Improvement/Water Line Repairs for individuals in $10,000 (O3J) 570.201(c) LMI neighborhood.  APRIL 6, 2015 ______________________________________________________________________________ ____________ LIFE, Inc. Single Unit Housing Rehab to Improve ADA access for disabled $20,000 (14A) 570.202 individuals with ADA ramps and bathroom remodels (5-7 homes). Bonneville County Health Facilities - Repairs to exterior of the Behavioral Health Crisis Center $5,000 Behavioral Health Crisis of East Idaho (1650 N Holmes). Center (O3P) 570.201(c) Hospice of Eastern Idaho Public Facilities & Improvements - Replace (2) furnaces and air $9250 (O3) 570.201(c) conditioning units and paint exterior portion of office building Sr. Citizen Comm. Center Public Facility/Improvement Sr. Centers Replace kitchen swamp cooler $10,636.4 (O3A) 570.201(c) and window. Exterior concrete repairs to ADA ramp/entry. Habitat for Humanity Acquisition and Disposition - Allocate funds to purchase and demolish or $15,000 Idaho Falls (HFHIF) rebuild (1) home located within the (3) US Census Tracts for an LMI family Acquisition (1)570.201(a) to purchase. Disposition (04) 570.201(b) Total LMI Project Requests & Total Options $180,672 Administration 20% Max Administer CDBG - Includes supplies, office equipment, training and $68,586 (21A) 570.206 resources. Total $342,928 FY2015 CDBG Allocation $342,928 Project/Activity Categories with Min/Max percentages allowed by HUD/CDBG FY2015 Allocation $342,928 Admin 20% max $68,586 Administration of CDBG Program PS 15% max $33,670 Included as 70% LMI S/B 30% max $60,000 Slum/Blight Area LMI Direct 70% min $180,672 LMI includes Code Enfc.($70,786) $342,928 City’s General Budget (FY) starts Oct 1, 2015 CDBG Plan Year (PY) runs April 1, 2015 to March 31, 2016 FY2015 CDBG allocation expected on/before June, 2015 Mayor Casper stated with the approval of the Council, a resolution regarding the CDBG funding would be prepared and adopted at the Regular Council Meeting on Thursday, April 9, 2015. She also stated that a future discussion needed to take place concerning city-owned buildings and county-owned buildings with regard to grant monies and consistency of CDBG funds. Planning and Building Division- Item 2 - Area of Impact: Growth Patterns and Policies. Director Brad Cramer appeared to discuss and explain the agenda item. Director Cramer stated this was a continued discussion regarding the Area of Impact Agreement which will start with some more in-depth discussions in the future. He presented a large map with the boundaries of the area of impact. One of the center pieces of the discussion is the current zoning map. He indicated that statute is not very helpful and only states it should include areas that could be reasonably annexed into the city in the future. One of the advantages of Idaho Falls is the very consistent growth in the past decades of rate-population wise and land-mass wise. The city grows 1 to 1-1/2 percent in population each year which helps make planning a lot easier. Director Cramer would suggest looking at 20 years out for planning, including looking at strategic areas, such as the Idaho Falls Airport. He also stated the comprehensive plan encourages in-field development. After further discussion and comments from all Councilmembers, Director Cramer indicated there would be additional discussions at future work sessions. Mayor Casper recommended the Councilmember’s meet one-on-one with Director Cramer for any ideas they would like to share. APRIL 6, 2015 ______________________________________________________________________________ ____________ Parks and Recreation Division- Revised Fee Schedule - Director Greg Weitzel appeared and explained the Revised Fee Schedule agenda item. He indicated there are three small fees increases. One is a request for a $.25 per admission conservation fund program called Quarters for Conservation for admission at the zoo. This fund has become a national program. For the city’s zoo accreditation one of the key recommendations is that a portion of the budget is dedicated to conservation. Upon fee admission, each person would be given a quarter (token) to deposit in an area designated at the zoo where the individual would like the funds to be applied for conservation. Director Weitzel indicated he would email the 4-page proposal to all councilmembers. One other fee corrected a clerical error for Cemetery Burial fees. The third fee was a $500.00 rental fee for the Japanese Friendship Garden for groups wanting to rent the entire park and would include all utilities, expenses, and privacy. Director Weitzel stated this is a request coming from the community. These fee increases are scheduled for public hearing and approval at the April 9, 2015 Regular Council Meeting. Municipal Services Division- Workers Compensation Review and Settlement Authority - Director Craig Rockwood appeared and stated a class action lawsuit was filed against the State of Idaho against the Idaho State Insurance Fund, which is the Workman’s Compensation Reserve Fund. The court ruled and awarded over $35 million to the plantiffs. The City of Idaho Falls was a member of the State Insurance Fund at the time (the city has since become self-insured as of 2010) and was awarded $517.795.77. Director Rockwood indicated Council authorization was needed to accept the payment. He also requested authorization to deposit the funds into the city’s Worker’s Compensation Insurance Fund to build up the reserves. MEMORANDUM TO: Honorable Mayor and City Council FROM:Craig Rockwood, Municipal Services Director SUBJECT: REQUEST TO ACCEPT STATE INSURANCE FUND CLASS ACTION LAWSUIT SETTLEMENT Municipal Services respectfully requests authorization to accept settlement for the class action lawsuit against the Idaho State Insurance Fund number ISDQ2-10013810-1 in the amount of $517,795.77. The class action lawsuit against the State Insurance Fund was for failure to pay dividends or paying an amount less than a pro rate basis based on premiums. More information on the class action lawsuit can be found at www.CDADQ-SIFaction.com. Furthermore, we request the settlement amount of $517,795.77 be deposited in the City’s Worker’s Compensation Fund to build reserves against future claims. As of September 30, 2014, the City’s reserves were $575,910.00. Our goal is to reach a reserve equal to our secondary insurance policy of $2,000,000.00. Following a short presentation given by Mark Hagedorn, Lead Accountant, regarding the Worker’s Compensation Fund over the past four years, it was moved by Councilmember Marohn, seconded by Councilmember Hally, to accept settlement for the class action lawsuit against the Idaho State Insurance Fund number ISDQ2-10013810-1 in the amount of $517,795.77 and that the amount be deposited in the City’s Worker’s Compensation Fund. Roll call as follows: APRIL 6, 2015 ______________________________________________________________________________ ____________ Aye: Councilmember Hally Councilmember Lehto Councilmember Parry Councilmember Ehardt Councilmember Marohn Motion carried. Mayor and City Council Reports- -Mayor Casper stated when there is a question within the City, this is the time of Council discussion regarding liaisons duties or roles of the Mayor. Mayor Casper informed the Council of several up-coming events and asked for their attendance. Mayor Casper shared the city information from the most recent interaction with the Priority Based Budgeting (PBB) regarding the results/goals and the scoring criteria of each program. Mayor Casper is hopeful the scoring process can be completed by the end of April. Another workshop will be held with the PBB in the future. Mayor Casper indicated some questions had been asked regarding the location of the new Fire Station. Chief Hanneman is continuing to work with councilmembers as he was instructed. Mayor Casper shared the new logo for REDI - Regional Economic Development in Idaho. The new interim director is Darlene Gerry. Grow Idaho Falls is dissolving and REDI will be the new organization. Mayor Casper stated this year’s four Citizen Review Committee’s (Public Works, Police, Parks & Recreation and Power) are meeting on a regular basis but will not be giving final reports until the August/September time frame. Idaho Falls Downtown Development Corporation (IFDDC) held a community meeting with attendance of Mayor Casper, Greg Weitzel, Kent Fugal and Brad Cramer to discuss downtown growth and development. IFDDC would like to host a more comprehensive strategic vision conversation. Mayor Casper gave a report on her recent Washington DC trip, which has been rebranded to Community to Capital (C2C). A portion of the trip was dedicated to the National Chamber of Commerce who gave their input on efforts to create a healthier business climate in this country. The C2C group also met with key offices at the Department of Energy regarding the diversity of our nuclear site. Idaho Department of Transportation is undergoing reorganization. SAUSA has been funded at 70% of total cost, local communities in Eastern Idaho will be asked to contribute to the 30%. A candlelight vigil being held at Ross Park in Pocatello was expanded to include a memorial for the Kenyon students massacred last week. Councilmember Lehto asked for status of the newly-appointed Councilmember, this is still in process. A citizen wrote an email to Councilmember Lehto regarding the instant horse racing dilemma, which was passed on to the Mayor and Parks and Recreation Director. A brief discussion was held regarding the approval of required licensing needed from the city and county. Councilmember Lehto also received an email regarding creating an ordinance for rabbits which was forwarded to Director Cramer for response. Councilmember Lehto met with Chief Hanneman and is comfortable moving forward having his questions answered. He encouraged all councilmembers to become educated on the up-coming budget process. Councilmember Parry asked that when items are put in mailboxes that the source is listed. Councilmember Parry stated work is on-going with Director Craig Davis, Idaho Falls Airport Director. She also stated the Sign Ordinance and the Dog Ordinance are on-going. Councilmember Hally gave an update on the Parks and Recreation Department and the three up-coming Master Plans, including Tautphaus Park proposals, Design Committee APRIL 6, 2015 ______________________________________________________________________________ ____________ for Heritage Park, and the zoo. Councilmember Hally indicated there is money available for a grant from a $50,000.00 fine for entities such as the Parks Department for the River Gardens. Councilmember Ehardt gave an update and information regarding Hitt Road and 17th Street.  Councilmember Marohn also encouraged all councilmembers to meet with their liaisons to become educated on the up-coming budget process. He’s working on a ‘cheat sheet’ for the budget process and will be sharing a draft before the budget cycle. Councilmember Marohn and Councilmember Parry are also working on a Task Force Agreement for maintenance of Hitt Road with Ammon. Public Works Division- 17th Street and Hitt Road Intersection Right of Way Discussion - Idaho Falls Mall Property. Director Chris Fredericksen shared information regarding 17th Street and Hitt Road and the development of the intersection. The Public Works Division worked with the City Attorney to acquire the Right of Way from the developer (the Mall), who was required, by City Code, to dedicate up to 57 feet of Right of Way. If property is not being developed, there is no reason to dedicate the Right of Way. Dillard’s want to purchase the property they have been leasing, Public Works is looking at this at re-plat not re-development. The City was working on the plat in this area and Director Fredericksen indicated it’s in the city’s best interest to amend this entire plat. Kent Fugal, City Engineer, indicated that Hitt Road has the full 57 feet of Right of Way, it’s only the 17th Street side that the city does not have the 57 feet. A letter was sent to the property owner to purchase the Right of Way. After further discussion, it was moved by Councilmember Ehardt, seconded by Councilmember Hally, to acquire the Right of Way at 17th Street and Hitt Road. Roll call as follows: Aye: Councilmember Ehardt Councilmember Marohn Councilmember Lehto Councilmember Hally Nay: Councilmember Parry Motion carried. Notice of Executive Session- Councilmember Lehto provided information to those present regarding the request and the requirements for an Executive Session. It was moved by Councilmember Lehto, seconded by Councilmember Parry, to move into Executive Session pursuant to the provisions of Idaho Code Section 67-2345(1)(b) To consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent, or public school student. Mayor Casper provided further explanation regarding specific criteria required to retire into Executive Session. She explained this is not an evaluation of an employee APRIL 6, 2015 ______________________________________________________________________________ ____________ performance, this is a decision to determine if the city is market competitive. Also, the city does not currently use a systematic employee evaluation program, rather most employees are paid based on a step and grade system and any bonuses given are based on longevity, not on performance. There is no documentation or objective criteria that applies to exempt or appointed employees. Although Mayor Casper indicated she cannot vote to retire into Executive Session, she recommended to the Council not to go into Executive Session based on this criteria. Councilmember Hally commented the handbook specifies the Council does not supervise or direct employees as charge of City Council, that is not a responsibility of the Council and he feels to formally evaluate them would be out of bounds.  City Attorney Randy Fife stated the Council has the authority to go into Executive Session to evaluate employees. His understanding of the State Code says the Mayor has administrative and supervisory authority over employees but no case defines it clearly. The Council will need to set guidelines for discussion. That discussion can happen in open session. Councilmember Ehardt commented based upon her discussion with the City Attorney there is no reason to retire into Executive Session. She prefers the discussion is held in the open meeting. Councilmember Parry commented she thinks it’s important for the Council and Mayor to recognize there is some sensitivity regarding evaluations particularly Division Directors and if Council is open to have discussion in public then that’s fine. She believes within the Market Study there is minimum, mid, and high range and the discussion should be where does the employee fall within those ranges but believes the sensitivity should be discussed in Executive Session. City Attorney reminded the Council no final decision can be made for any purpose in Executive Session, it is for discussion only. The motion to move into Executive Session was amended by Councilmember Lehto, seconded by Councilmember Parry, to convene to the small annex conference room and upon conclusion return to regular session. Roll call as follows: Aye: Councilmember Parry Councilmember Lehto Nay: Councilmember Ehardt Councilmember Hally Councilmember Marohn Motion failed. Human Resources Division- Approval of Market Adjustments for Idaho Falls Power. Director Melanie Marsh requested approval of the wage adjustments for 11 Idaho Falls Power personnel based upon wage studies from (1) 2014 Northwest Utilities Salary, Wage and Benefits Survey conducted by Milliman and (2) Idaho Falls Power Compensation Study conducted by Personnel Concepts, and is also requesting ratification for the wage adjustments. Director Marsh APRIL 6, 2015 ______________________________________________________________________________ ____________ further explained the wage studies regarding the wage structure and the different matrix of the detailed analysis. She recommends that the Power Division has its own separate pay plan due to the sensitivity in the market. Councilmember Lehto offered his opinion of the need to compensate our management team and indicated this discussion started eight months ago. Although he believes the recommendations are time sensitive and needed this discussion it still may not prevent the power personnel from seeking employment elsewhere. He further explained the power industry and the process and decisions made by the city regarding the power rates. Councilmember Marohn stated Idaho Falls Power is an enterprise fund and work off of fees. There is no direct impact to the tax levy or general fund base. He further stated the whole Idaho Falls Power Division is very efficient and doesn’t cost the city anything other than through services. Mayor Casper shared a letter from the Chairman of the Idaho Falls Power CRC on behalf of the committee in support of the employees. After further discussion and comments by the councilmembers, it was moved by Councilmember Lehto, seconded by Councilmember Ehardt, to approve market adjustments for various management positions in the Idaho Falls Power Division and also to approve the wage adjustments for Idaho Falls Power Personnel effective March 23, 2015. Roll call as follows: Aye: Councilmember Lehto Councilmember Marohn Councilmember Ehardt Councilmember Hally Nay: Councilmember Parry Motion carried. Mayor Casper has requested the Human Resources Director and the City Attorney review Title 1 Chapters 7 & 8 in the City Code. The Code can be interpreted in a few different ways so she feels the code needs clarification. After further discussion by the Council, there was a motion by Councilmember Marohn, seconded by Councilmember Hally, that the meeting adjourn at 6:35 p.m. _______________________________________ _____________________________________ CITY CLERK MAYOR