City Council

October 11, 2016 The City Council of the City of Idaho Falls met in Special Council Meeting (Council Work Session), Tuesday, October 11, 2016, in the 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 Michelle Ziel-Dingman Councilmember John B. Radford Councilmember Ed Marohn Councilmember David M. Smith Councilmember Thomas Hally Councilmember Barbara Ehardt Also present: Brad Cramer, Community Development Services Director Kerry Beutler, Community Development Services Assistant Director Chris Fredericksen, Public Works Director David Richards, Water Superintendent Greg Weitzel, Parks and Recreation Director Dave Hanneman, Fire Chief Royce Clements, Police Captain Alan Bowers, Police Sergeant Joelyn Hansen, Community Project Coordinator Pamela Alexander, Municipal Services Director Randy Fife, City Attorney Kathy Hampton, City Clerk Mayor Casper called the meeting to order at 3:02 with the following items: Mayor’s Report, Calendar Items, and Announcements: Mayor Casper announced the Tokai-mura Japanese delegates recently departed from Idaho Falls. She will be attending a LINE (Leadership in Nuclear Energy Commission) meeting in Coeur d’Alene on October 13 and 14, and therefore will not be in attendance at the October 13 Council Meeting. Calendar items for the month of October: 12 Fire Prevention Community Block Party 13 Scouting Stars Event, Councilmember Michelle Ziel-Dingman as Guest Speaker 13 City Council Meeting 14 BYDC (Bonneville Youth Development Council) Leadership Challenge 2016 15 Idaho Falls Fire Department (IFFD) BBQ 15 Black Lives Matter Forum 18 Celebrating Parks Banquet Dinner 22 Ag Appreciation Day 24 Council Work Session 27 Idaho Falls Power Board Meeting 27 City Council Meeting 27-29 Boo at the Zoo The Attorney General’s office will be holding Public Records and Open Meetings forum on October 20 City Council Reports: 1  October 11, 2016 Councilmember Hally stated Rocky Mountain Power has completed the power pole relocation project at 17th Street and Hitt Road. The cost of this project will be shared with the City of Ammon. Councilmember Marohn stated October 9-15 is Fire Prevention Week, IFFD will be making a special presentation at Rotary luncheon on October 13. Councilmember Radford had no items to report. Councilmember Ehardt had no items to report. Councilmember Dingman stated she anxious to represent the Councilmembers at the Scouting Stars Event on October 13. Councilmember Smith indicated the Councilmembers will be receiving information regarding the Upper Power Plant in the near future. Acceptance and/or Receipt of Minutes: It was moved by Councilmember Dingman, seconded by Councilmember Marohn, to accept receipt of Planning and Zoning Commission actions from the October 4, 2016 meeting along with Sister Cities and Civic Auditorium Committee meeting minutes. Roll call as follows: Aye – Councilmembers Radford, Ehardt, Smith, Marohn, Dingman, Hally. Nay – none. Motion carried. Business Improvement District (BID) Management Agreement Approval: Director Cramer stated this agreement is an annual renewal which outlines the responsibilities for the City and the Idaho Falls Downtown Development Corporation (IFDDC). It was moved by Councilmember Dingman, seconded by Councilmember Marohn, to approve the Business Improvement District Management Agreement. Roll call as follows: Aye – Councilmembers Hally, Smith, Dingman, Ehardt, Marohn, Radford. Nay – none. Motion carried. Status Report for Area of Impact (AOI): Director Cramer stated the schedule for AOI is currently behind due to various reasons, although he believes the final recommendations scheduled for presentation in May will still occur. Director Cramer reviewed the boundaries of AOI and indicated Bonneville County does not want to see any proposal that may represent growth beyond twenty (20) years, which entails approximately 200 acres. He stated the AOI boundary line has been adjusted per joint conversation with the Planning and Zoning (P&Z) Commission and Bonneville County Commissioners. Director Cramer stated next steps would entail the Chairman of each board to work on a joint document for commissions review to allow growth for both the City and the County. He stated the P&Z would be in favor of changes if the County Comprehensive Plan would reduce urban-type growth outside of the AOI to allow growth closer to City boundaries. The City would then reduce the boundaries of the current Comprehensive Plan. Director Cramer believes the Council may see recommendations from the P&Z to extend City services to County properties within the AOI with strict conditions. After brief discussion it was consensus that future discussion for best practices, including utility services, will occur in the upcoming month(s). Water Mitigation Discussion: Director Fredericksen introduced Rob Harris from Holden, Kidwell, Hahn and Crapo, P.L.L.C. Mr. Harris reviewed the Eastern Snake Plain Aquifer (ESPA) boundaries stating the boundary is necessary for water management. He presented the following information with brief discussion throughout: Water Law Basics-  A water right is a piece of paper that authorizes the listed owner to use the State of Idaho’s water subject to certain limitations  Priority date is critical: “First in time is first in right” 2  October 11, 2016  A water right must be used for a recognized beneficial use such as irrigation or municipal. Water right does not cover ground water recharge.  Water Right Administration’s statutory responsibility is to enforce priority administration; this is mostly accomplished through organized units called “Water Districts”.  Hydraulic connection has been known for more than a century. In 1994 the State of Idaho developed Rules for Conjunctive Management of Surface and Groundwater Resources (the “CM Rules”).  CM Rules refers to administration of ground water and surface water rights by priority. Statutes were added to allow for formation of “Ground Water Districts”.  Ground Water Districts sole purpose is to mitigate for junior pumping. Surface Water Coalition (SWC)-  Consists of seven (7) Magic Valley canal companies and irrigation districts for excess of 544,135 acres.  As a result of the SWC call, the director of Idaho Department of Water Resources (IDWR) developed a “methodology order” for supply and demand during In-Season Injury (April through September) and Carryover Injury (November). Due to the methodology, the water rights were subject to curtailment which resulted in a settlement agreement, which Mr. Harris is not recommending. He reviewed objectives, near- term practices, and long-term practices of the settlement terms. He stated there were no provisions for municipalities. SWC Call Agreement-  Goal: Stabilize and ultimately reverse the trend of declining ground water levels and return ground water levels to levels equal to the average ground water levels from 1991-2001.  Benchmarks: (1) by 2020 ground water levels will equal ground water levels in 2015; (2) by 2023 ground water levels will be halfway between 2015 ground water levels and goal; and (3) by 2026 goal is reached and ground water levels equal or exceed 1991-2001 average.  Metrics: Ground water levels as measured in 19 mutually agreed to “sentinel” observation wells. AIC (Association of Idaho Cities) Mitigation Plan-  Coalition of Cities consolidated their mitigation plans  2016 – 2,600 AF (acre/feet) of storage water supplied to the SWC, ~500 AF of credit, bought time to negotiate a longer-term plan  2017 and beyond – negotiations have started  Long-term plan – wastewater return, consumptive use, future growth New Management Regime-  Alternative to CM Rules is for entire ESPA to be managed as “Ground Water Management Area” (GWMA) as defined in Idaho Code Section 42-233b. Mr. Harris stated the City filed a comment letter with several concerns. Other Water Matters-  Use of irrigation district water entitlements  Look for ways to reduce ground water pumping  Most typical ways are to meter residents and convert irrigation of parks and other large open spaces from ground water irrigation to surface water irrigation  Request that new subdivisions with surface water entitlements be required to install a secondary canal water pressurized irrigation system for outside irrigation Mayor Casper stated future negotiations will occur in the upcoming months. Snow Removal Update: Director Fredericksen indicated he will be reviewing snow removal maps with the Mayor’s office in the near future. These maps will include a priority map, with order of streets for snow removal, as well as a snow removal method map. He stated there will also be an Ordinance change to Title 9 Chapter 5, with the removal of the proclamation process to be included into a snow policy. 3  October 11, 2016 Vehicle/Bicycle/Pedestrian Safety Discussion: Mayor Casper stated recent traffic facilities and other significant accidents have prompted heightened awareness of safety. She indicated several community suggestions have been received, along with follow-up discussions with Department Directors. Captain Clements reviewed accident trends for the previous five (5) years stating injury accidents are consistently decreasing. The number of accidents for this community are fairly consistent to other cities of similar size although reportable traffic accidents are much lower. He reviewed the top 25 locations of all accidents, stating accidents at 17th Street intersections rank the highest as 17th Street is the most traveled street. He indicated the main contributing circumstance for accidents is due to drivers following too close. Enforcement actions include: high visibility, targeted enforcement through Idaho Transportation Department (ITD) grants, and traffic stops. Future enforcement options include: continue current strategies, increase traffic unit staffing, and shift traffic work load/assignments. Director Fredericksen stated flashing radar signs have been requested for installation on 17th Street between Boulevard Avenue and Yellowstone Avenue. He indicated a 17th Street safety audit has recently been conducted and future discussion will occur regarding safety ideas. He stated there are approximately eight (8) projects anticipated for 17th Street to assist with traffic safety as well as several signal light replacements. Director Fredericksen stated potential improvement of safety locations are being coordinated with federal funding. Director Weitzel stated more than 1500 residents contributed to Connecting Our Community (COC) Plan. He briefly reviewed the five (5) ‘E’s’ for a bicycle-friendly City which include: Engineering, Education, Encouragement, Enforcement, Evaluation (and planning). Director Weitzel expressed his condolences for the recent death of John Linger, a long-time Parks and Recreation (P&R) employee. Director Cramer believes planning and community development toward the core of the City encourages a biking/walking community. He stated the COC Plan is used as enforcement planning tool for development. Chief Hanneman stated the Fire Prevention Division also includes Community Risk Reduction which helps to identify causal factors and interventions in order to measure any success or consequences. He indicated the Council will need to determine the acceptable risk, interventions, and level of enforcement. After brief comments, it was determined follow-up discussion of vehicle/bicycle/pedestrian safety will occur. Legal Services Citizen Review Committee (CRC) Report: Members of the Legal Services CRC include Miranda Marquit, Chairman, Terry Johnston, Don Johnson, Matthew Hamilton, and George Morrison. Ms. Marquit presented the following: Efficiency- The CRC members were very impressed with the efficiency of the Attorney’s Department as Idaho Falls has the highest caseload per capita in the State. The members of the Attorney’s Department do an admirable job discharging its duties in an efficient and professional manner. Advantages of an in-house Legal Department-(Even though an in-house Legal Department costs more than the County billing, the benefits outweigh the costs, and there is no guarantee that the County wouldn’t begin charging even more in the future)  Increased efficiency in handling City requests  Dedicated counsel, since the attorney has only one (1) client, the City 4  October 11, 2016  Better tracking of public information requests  Possible to devote more time to improving and consolidating the City Code  Consistency over time as new hires can be trained in a set process Main issue: Compensation-  Despite the high caseload handled by members of the Attorney’s Department, Idaho Falls offers the lowest pay in the state.  Even compared to Pocatello, our salaries for attorneys and staff are low.  Prosecutors on-call aren’t compensated for their overtime.  We run the risk of losing talent to other cities in Idaho, and out of state. Our Attorney’s Department even has trouble attracting interns, since they can be paid when they go elsewhere. Brief discussion followed regarding the Attorney Department Budget. Domestic Violence Cases-  No victim’s coordinator  Department is under-staffed  Would like to see more training to provide support and resources for domestic violence victims  A dedicated victim witness coordinator could help with the situation  The department handles its caseload admirably, but what happens with turnover? New hires might not be as efficient or fit in as well Other departments-  One cause for concern amongst department members is the frequency of urgent requests  Additionally, some requests don’t come with deadlines, so it’s difficult for Department members to understand priorities o Encourage other departments to provide more lead time and deadlines CLEs (Continuing Legal Education)-  Even though the members of the department receive all the necessary training, we think it would be beneficial for them to attend more regional and national conferences, rather than sticking so close to home.  Idaho Falls can benefit from seeing how other areas handle different situations, and from networking with attorneys in other areas of the country. Recommended areas-  Increase the budget for the Department to provide the ability to hire additional personnel, or institute a paid internship program, to help with the abnormally high caseload  Create a step-and-grade salary or other compensation within the Department to promote an interest in remaining in Idaho Falls and reduce the potential for future turnover  Institute increased flexibility between sick leave, personal leave and vacation time so that personnel have more options  Compensation, such as a stipend, for on-call personnel who aren’t currently paid for their time  Improve department training on how to interact with domestic violence victims. Instead of sending letters to domestic violence victims and waiting on them to respond, we suggest the Department be more proactive in contacting the victims and pointing them toward resources  Better communicate expectations for the City Attorney’s Department with other departments  Wider career development experience, including possibly traveling to conferences and trainings outside Idaho 5  October 11, 2016 Brief discussion followed including City Code, infractions and misdemeanors, and internship. Mr. Fife expressed his appreciation to the CRC members. Community Support Grants Discussion: Mayor Casper believes community support assists to leverage other funding in ways to benefit the entire community, such as the arts and social services. She is hopeful to find a methodology process including objective components. She stated a Council subcommittee was formed to make recommendations and identify improvements for the future process. Council subcommittee members consist of Councilmembers Michelle Ziel-Dingman, Barbara Ehardt, and John Radford. Councilmember Dingman believes the service provided by these specific organizations is valuable and meaningful. Councilmembers Dingman and Ehardt briefly reviewed the grant applications. Subcommittee recommendations are as follows with brief discussion throughout: Applied Recommended Eastern Idaho Visitors Information Center/CVB $15,000 $7,500 Hospice of Eastern Idaho $7,349 $7,349 Art Museum of Eastern Idaho $8,500 $7,500 Behavioral Health Crisis Center $6,000 $5,000 Center for Hope Recovery Center $1,050 $1,050 Bonneville County Veterans Memorial Commission $50,000 $40,000 Senior Citizen’s Community Center* $10,000 $18,000 Idaho Falls Symphony $15,000 $7,000 Idaho Falls Arts Council $50,000 $30,000 Museum of Idaho $50,000 $50,000 Idaho Falls Historic Downtown Foundation $45,000 $5,000 Domestic Violence & Sexual Assault Center* Any $2,700 Total $257,899 $181,099 *Additional funds were requested after receiving notice rescinding electricity donation Subcommittee application recommendations for the following year include: 1. Allow for operating expenses 2. Allow for 501 (c)(3) – Charitable Organizations, (c)(4) – Social Welfare Organizations, (c)(6) – Business League, and (c)(19) – Veteran’s Organization 3. Add a line to see if matching funds are available. If so, at what percentage or amount and who is providing the matching funds. 4. Remove line regarding “assurances” about the organization, as we are not asking for proof. 5. Request a mandatory bi-annual Grant Report from organizations that receive funds. Ideally they would be submitted to the City between April 1-30 and October 1-30 each year. This report would include a project timeline, budgets, expenditures, what outcomes have occurred, and any plan for money that has not been spent. Councilmember Dingman stated the Grant Report will substitute as a contract with the City. Mayor Casper indicated the total amount of recommendations exceeds the budgeted amount and believes the funding source should be identified. There was consensus of the Council to allocate funds from the General Fund with brief discussion of specific funding sources. It was moved by Councilmember Radford, seconded by Councilmember Ehardt, to approve recommendations made by the subcommittee for community support grants and to appropriate $181,099 to support various community groups as they provide services to the City. It was then moved by Councilmember Marohn, seconded by Councilmember Dingman, to cover the additional $106,099 from the encumbrance fund included in the Council budget in the current fiscal year. Director Alexander briefly explained the encumbrance fund and believes it is necessary to maintain documentation for any encumbrance allocation. Roll call as follows: Aye – Councilmembers 6  October 11, 2016 Ehardt, Radford, Marohn, Dingman, Hally. Nay – Councilmember Smith. Motion carried. Roll call to approve the appropriated amount as follows: Aye – Councilmembers Hally, Marohn, Radford, Dingman, Ehardt. Nay – Councilmember Smith. Motion carried. It was moved by Councilmember Marohn, seconded by Councilmember Dingman, to adjourn the meeting at 7:00 p.m. and move into Executive Session which has been called pursuant to the provisions of Idaho Code Section 74- 206(1)(c) To conduct deliberations concerning labor negotiations or to acquire an interest in real property which is not owned by a public agency; and, Idaho Code Section 74-206(1)(j) To consider labor contract matters authorized under Idaho Code Section 74-206(1)(a) and (b), and not reconvene to Work Session upon conclusion of the Executive Session. Roll call as follows: Aye - Councilmembers Smith, Hally, Radford, Dingman, Ehardt, Marohn. Nay – none. Motion carried. The City Council of the City of Idaho Falls met in Special Council Meeting (Executive Session), Tuesday, October 11, 2016, in the Annex Conference Room in the City Annex Building located at 680 Park Avenue in Idaho Falls, Idaho at 7:07 p.m. There were present: Mayor Rebecca L. Noah Casper Councilmember David M. Smith Councilmember Barbara Ehardt Councilmember John B. Radford Councilmember Ed Marohn Councilmember Thomas Hally Councilmember Michelle Ziel-Dingman Also present: Chris Fredericksen, Public Works Director Pamela Alexander, Municipal Services Director Dave Hanneman, Fire Chief Randy Fife, City Attorney The Executive Session has been called pursuant to the provision of Idaho Code Section 74-206(1)(c) To conduct deliberations concerning labor negotiations or to acquire an interest in real property which is not owned by a public agency; and, Idaho Code Section 74-206(1)(j) To consider labor contract matters authorized under Idaho Code Section 74-206(1)(a) and (b). There being no further business, it was moved by Councilmember Marohn, seconded by Councilmember Smith, that the meeting adjourn at 7:26 p.m. which motion passed following a unanimous vote. s/ Kathy Hampton s/ Rebecca L. Noah Casper CITY CLERK MAYOR 7