City Council

May 11, 2017 The City Council of the City of Idaho Falls met in Regular Council Meeting, Thursday, May 11, 2017, 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 Michelle Ziel-Dingman Councilmember David M. Smith Councilmember Ed Marohn Councilmember Barbara Ehardt Councilmember Thomas Hally Councilmember John B. Radford Also present: Randy Fife, City Attorney Kathy Hampton, City Clerk All available department directors Pledge of Allegiance: Mayor Casper invited Devin Johnson, a senior student at Compass Academy and Boy Scout Troop #326, to lead those present in the Pledge of Allegiance. Public Comment: Mayor Casper requested any public comment not related to items on the agenda. Bart Whiting, Idaho Falls Police Department (IFPD) officer appeared. Officer Whiting stated he has served the City of Idaho Falls as an officer for the previous nine (9) years. He is not representing the Fraternal Order of the Police (FOP) and is not part of any civil law suits against the City. He expressed his appreciation to Councilmember Ehardt for her courage and conviction to stand alone on the issue of Civil Service and believes her phrase ‘funky’ was very generous to the fellow Councilmembers, the Mayor, and Mr. Fife. He believes the Councils actions were cunning, devious, crafty, shifty, shrewd, and tricky. He believes the lack of respect shown to the City’s first responders over Civil Service is sickening. Officer Whiting questioned if the process has been going on for several years, why the haste to push this through in three (3) meetings in a row without giving the police officers the chance to speak. If this had no affect or bearing on law suits why the haste to file motions in court and cancel scheduled meetings. Surely the Legal Department did not take these actions without prior knowledge from the Council or Mayor. Even though the FOP has not been recognized as a union in the past, they have been given an opportunity to meet and discuss with the Mayor, City Council Liaison and the Police Chief their ideas to make employment with the City even better. He stated over the past several years under this administration, that opportunity has been taken from them and they have experienced an erosion of rights as police officers in this community. This has been difficult to accept. They have continued to try to have their voices heard but have been labeled as whiners and malcontents by this Council and administration. He believes this is unfair to be labeled as this when they speak up for themselves. He stated they have come with solutions, not just complaints, but they have been ignored, mostly based on the advice from Mr. Fife who seemed to have issues with the police officers from the very beginning. They have read in the newspaper to wait for a new chief and have also read there have been misunderstandings. He questioned how a new chief will change things when there is struggle with the attitude and actions of the Council and the Mayor. Officer Whiting requested that the City stop playing politics with this police department. We all have the same goals in keeping Idaho Falls a beautiful City and safe for its citizens. He indicated a few Councilmembers have stated this year will be a tough year for the police department. He stated every day that they put on their badge and vest is a tough day, they carry the weight of the City on their shoulders. The police officers and families risk everything, every day, and every shift and the least you could do is give them a 1  May 11, 2017 chance for their voice to be heard. Officer Whiting made a promise that he and his fellow brothers and sisters could keep. The patch and badge they wear every shift represents this beautiful City that hired them. The name on their chest represents who they are and who raised them and he guaranteed they will serve both with honor and integrity, and he has requested the same in return. Mayor Casper stated, on behalf of the entire Council and City leadership, the IFPD has the full support of City leaders and there is nothing but dedication to their safety and well being of officers who serve this City. She believes there is miscommunication about process and procedure and the right way to express concerns. She indicated she has dedicated staff members, as well as her own time, trying to move forward and to achieve those mutual goals expressed. She wants to ensure those who serve as City employees, including those who put their lives on the line, are treated fairly which requires process and dedication. She is committed to make sure fairness is achieved in all the City processes. Mayor Casper expressed her appreciation to Officer Whiting’s comments and stated they were sincerely delivered and sincerely received. Consent Agenda: Office of the Mayor requested reappointment to Kristin Hague, Idaho Falls Public Library Board of Trustees. Public Works requested approval of Bid Award – South Tourist Park Overlay – 2017; Bid Award – Street Overlays – 2017; Bid Award – Park Avenue Water Line Cliff Street to Railroad; Bid Award – Water Meter Installation - 2017 Phase II; and, Bid Award – 17th Street and St. Clair Road Intersection Improvements. Municipal Services requested approval of Bid IF-17-16, Water Meters and Meter Materials for Public Works; Bid IF-17-P, Annual Rifle and Pistol Ammunition for Police Department; Bid IF-17-17, Steel Refuse Containers; and, Bid IF-17-Q, Sole Source Purchase, Traffic Cabinet and Controllers. Idaho Falls Power requested approval of Bonneville Power Administration (BPA) Exhibit A Revision, and to ratify power transactions with Shell Energy. Human Resources requested approval of changes to Section V of the City’s Personnel Policy Manual. The City Clerk requested approval of minutes from the April 13, 2017 Idaho Falls Power Board Meeting; April 24, 2017 Council Work Session and Executive Session; and April 27, 2017 Council Meeting, and, approval of license applications, all carrying the required approvals. It was moved by Councilmember Marohn, seconded by Councilmember Radford, to approve all items on the Consent Agenda according to the recommendations presented. Roll call as follows: Aye – Councilmembers Hally, Marohn, Radford, Dingman, Smith, Ehardt. Nay – none. Motion carried. Regular Agenda: Fire Department Subject: Reciprocal Fire Fighting Assistance Agreement For consideration is a mutual aid agreement between the City of Idaho Falls and other fire departments and Sheriffs’ offices throughout Eastern Idaho. This agreement specifies that we will help each other for 24 hours without compensation for major fires within a fire jurisdiction. The agreement also allows us to assist a Sheriff in an unincorporated part of the County for a wild fire and be compensated at our Idaho State rate for such service. Councilmember Marohn stated this agreement will memorialize any verbal agreements with the other fire departments so that assistance will be available when a large fire or disaster strikes. He indicated compensation after the first 24 hours will be based on the available funds as applicable per the Idaho State rate. This agreement does not supersede any previous agreements with other cities or districts. This is a five-year agreement in which the City can opt out at any time. 2  May 11, 2017 It was moved by Councilmember Marohn, seconded by Councilmember Radford, to approve the Reciprocal Fire Fighting Assistance Agreement and give authorization for the Mayor to execute the necessary documents. Roll call as follows: Aye – Councilmembers Ehardt, Radford, Smith, Marohn, Dingman, Hally. Nay – none. Motion carried. Community Development Services Subject: Public Hearing – 2016 Community Development Block Grant (CDBG) Consolidated Annual Performance and Evaluation Report (CAPER) As part of the CDBG reporting requirements, the 13th annual CAPER for the 2016 program year is due to United States Department of Housing and Urban Development (HUD) on June 30, 2017. Following the public hearing, a 15-day public comment period will begin on May 11, 2017 and end on May 26, 2017. After considering all comments, a resolution accepting the CAPER will be submitted. Mayor Casper opened the public hearing and ordered all presentation material be entered into the record. Lisa Farris, CDBG Coordinator, appeared for the presentation and reviewed the following: Slide 1: Criteria for Projects/Activities Must meet 1 of 3 National Objectives (HUD) o Benefit Low to Moderate Income (LMI) Individuals (Idaho Falls/Bonneville County family of 4 making less than $45,850 (FY2016 HUD Income Limit)) o Prevent/Eliminate conditions of Slum and Blight o Meet an urgent need Must be a HUD Eligible Activity o Construction of public infrastructure o Handicapped access to public facilities o Housing rehab, social services, business rehab o Acquisition, clearance, and disposition of property o Relocation cost, economic development, job creation or training Additional Criteria o Projects must meet the goals of City’s 2-11-15 Five-Year Consolidated Plan o Selected for the Annual Action Plan Ms. Farris stated all project and activity objectives have been met for 2016, one or more of the national objectives have been met which also met the goals of the Five-year Consolidated Plan Slide 2: Project/Activity must fit into 1 of 4 priorities defined by HUD Community Development Priority o Neighborhood revitalization activities that promote public health, safety and welfare Economic Development Priority o Improve economic conditions throughout the community, principally for LMI persons Housing Development Priority o Encourage development of new, affordable single-, multi-family, and special needs housing through private developers and non-profits Public Service Priority o Encourage partnerships with social service providers, faith-based groups, private businesses, school districts, non-profit agencies, and community leaders to meet the needs of families in poverty Ms. Farris stated all projects and activities met the HUD priorities Slide 3: Making a Difference with FY2016 CDBG Funds – Projects/Activities completed Code Enforcement: (6) neighborhood cleanups in CT (Census Tract) 9707/9711 LMI neighborhoods (1505) inspections in CT 9707, 9711, and 9712 3  May 11, 2017 (1) coordinated cleanup at 443 G Street property CT 9712 IFDDC – (4) Facades: (1) awning replaced for Salisbury Building (1) sign: downtown parking off Broadway Montgomery Ward Building – W/S façade with new windows (finishing up) Frosty Gator – façade with deck rehab Public Works: (23) LMI properties improved with sidewalk/curb/gutter in CT 9707 CLUB, Inc.: (34) assists with case management/services for homelessness Senior Center: (2) A/C units replaced, (2) exterior security lighting replaced Community Food Basket: (3) industrial refrigerators (42,775 served) with redirected funds from Partners for Prosperity (P4P) EICAP – GRG: (6) grandparents raising grandchildren received legal aid with P4P redirected funds Idaho Legal Aid: (11) victims of domestic violence received legal aid assistance Fair Housing: 2016 training: City co-sponsored with Pocatello and IHFA (over 80 attendees) Idaho Falls Rescue Mission: Facility fire safety code concerns to be addressed with CDBG funds Habitat for Humanity IF: Initiated environmental review for property acquisition at Elmore Point in Time Count: 2016 – 3 unsheltered and 174 sheltered (down from 13% from 2105) Homeless Stand Down: 2016 – community event bringing resources/info/services to attendees Administration: Managed CDBG Program, CAPER 2016, AAP2017, Financial/Performance Reporting, and submitted success CDBG stories to community and local/state/federal government Slide 4: Previous CDBG funding years spent in 2016 (CDBG Program Year 2015) FY 2015 (2) sign projects completed for A Street Soup Market and Shadow Domain (1) façade project completed (Phase 2) Farmers Merchant Bank Building (2) single unit ADA rehab with ramp and restroom renovation projects (1) sign rehab for Behavioral Health Crisis Center Total of 45 projects and activities completed with 2015 and 2016 CDBG funding between April 1, 2016 and March 31, 2017 Slide 5: Map of distribution, signifying projects within the three (3) Census Tracts Slide 6: Current Balances Year Award Balance % remaining FY2004 $491,000 0 0 FY2005 $465,543 0 0 FY2006 $418,940 0 0 FY2007 $417,257 0 0 FY2008 $402,199 0 0 FY2009 $407,064 0 0 CDBG-R $109,234 0 0 FY2010 $441,751 0 0 FY2011 $369,546 0 0 FY2012 $314,082 0 0 FY2013 $361,453 0 0 FY2014 $342,373 $16,734.25 ~4.8 FY2015 $342,928 $23,022.00 ~6.71 FY2016 $342,935 $1,000,674.37 ~29.4 Totals $5,226,305 $140,430.62 ~40.91 4  May 11, 2017 Ms. Farris stated all projects are well within time commitments with HUD for 2016. FY2017 CDBG allocation pending announcement of Federal allocation of CDBG Program. Slide 7: Photo of 443 G Street, before property clean up coordination effort Slide 8: Photo of 443 G Street, after property clean up coordination effort Slide 9: Photo of Frosty Gator, before deck rehab Slide 10: Photo of Frosty Gator, after deck rehab Slide 11: Photo of Montgomery Ward window façade project (in process) Slide 12: Photo of Farmers Merchants Bank Building, before Phase 2 awnings façade Slide 13: Photo of Farmers Merchants Bank Building, after Phase 2 awnings façade Slide 14: Photo of sign project for Salisbury Building Slide 15: Photo of façade sign project for A Street Soup Market Slide 16: Photo of IFDDC (Idaho Falls Downtown Development Corporation) parking sign project Slide 17: Photo of façade sign project to Shadow Domain Slide 18: Photo of curb/gutter/sidewalk Bel Aire Subdivision, before improvements at 1147 Lovejoy Slide 19: Photo of curb/gutter/sidewalk Bel Aire Subdivision, after improvements at 1147 Lovejoy Slide 20: Photos of Sr. Citizen Community Center, before and after A/C units and exterior lighting Slide 21: Photo of Community Food Basket Idaho Falls new industrial refrigerators Ms. Farris indicated the 45 total projects are slightly less than normal, due to weather conditions. She stated public comments will be accepted for two (2) weeks which will be submitted in the report to HUD. After that time a Resolution will be requested for approval at the June 8, 2017 Council Meeting. The complete report will be submitted prior to June 29, 2017. Mayor Casper requested any public comment. No one appeared. Mayor Casper closed the public hearing. She reminded the Council that no recommended action is due at this time. Subject: Public Hearing – Rezone from GC-1 and R-3A to CC-1, Zoning Ordinance, and Reasoned Statement of Relevant Criteria and Standards, sections of Original Town For consideration is the application for Rezoning from GC-1 and R-3A to CC-1, Zoning Ordinance, and Reasoned Statement of Relevant Criteria and Standards, Lots 1-6 and 23-32 Block 6, Lots 1-5 Block 7, and Lots 1-12 and 17- 32 Block 9, Original Town. The Planning and Zoning Commission considered this application at its April 4, 2017 meeting and recommended approval by unanimous vote. Staff concurs with this recommendation. Mayor Casper opened the public hearing and ordered all staff presentation and items ordered into the record. Brad Cramer, Community Development Services Director, appeared with the following presentation: Slide 1: Property under consideration in current zoning area Director Cramer stated the applicant initially only needed to rezone a corner section of the property. Due to the various zones within the downtown area, staff recommended rezoning of the entire area. Slide 2: Aerial photo of property under consideration Slide 3: Additional aerial photo of property under consideration Slide 4: Comprehensive Plan Future Land Use Map Slide 5: Photos looking at property at the corner of Chamberlain Avenue and Lava Street Slide 6: Photo looking west down Lava Street Slide 7: Photos looking at buildings on Basalt Street Slide 8: Photos looking north down Oneida Avenue Slide 9: Photos looking at buildings along Cliff Street 5  May 11, 2017 At the request of Mayor Casper, Director Cramer stated on-street parking is not included in the calculation requirement, and, hard surface includes asphalt or concrete. He indicated noise provisions are also present in other zones, any noise complaints are handled by code enforcement by measurement of decibel levels. Mayor Casper requested any public comment. Jeff Freiberg, Oxbow Lane, appeared. Mr. Freiberg identified the buildings which have been torn down for a manufacturing facility. He stated an additional building will be torn down for a parking lot. Mayor Casper closed the public hearing. Councilmember Dingman believes in the importance of the long-term zoning goals in the City. It was moved by Councilmember Dingman, seconded by Councilmember Smith, to approve the Ordinance rezoning from GC-1 and R-3A to CC-1, under the suspension of the rules requiring three complete and separate readings and that it be read by title and published by summary. Roll call as follows: Aye – Councilmembers Marohn, Dingman, Ehardt, Hally, Radford, Smith. Nay – none. Motion carried. At the request of Mayor Casper, the City Clerk read the ordinance by title only: ORDINANCE NO. 3117 AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO; PROVIDING FOR THE REZONING OF LOTS 1-6 & 23-32, BLOCK 6, LOTS 1-5, BLOCK 7, LOTS 1-12 & 17-32, BLOCK 9, ORIGINAL TOWN OF THIS ORDINANCE FROM GC-1 AND R-3A ZONES TO CC-1 ZONE; AND PROVIDING SEVERABILITY, PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE. It was moved by Councilmember Dingman, seconded by Councilmember Smith, to approve the Reasoned Statement of Relevant Criteria and Standards for the rezoning from GC-1 and R-3A to CC-1, and give authorization for the Mayor to execute the necessary documents. Roll call as follows: Aye – Councilmembers Ehardt, Marohn, Hally, Radford, Smith, Dingman. Nay – none. Motion carried. Mayor Casper stated there is an upcoming election on May 16 and encouraged all eligible community members to vote. There being no further business it was moved by Councilmember Marohn, seconded by Councilmember Hally, to adjourn the meeting at 8:05 p.m. s/ Kathy Hampton s/ Rebecca L. Noah Casper CITY CLERK MAYOR 6