City Council

July 10, 2017 The City Council of the City of Idaho Falls met in Special Meeting (Council Work Session), Monday, July 10, 2017, 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: Mayor Rebecca L. Noah Casper Councilmember Ed Marohn Councilmember Michelle Ziel-Dingman Councilmember Barbara Ehardt Councilmember Thomas Hally Councilmember David M. Smith Councilmember John B. Radford (arrived at 3:45 p.m.) Also present: Brad Cramer, Community Development Services Director Pamela Alexander, Municipal Services Director Ryan Tew, Human Resources Director Kyle Christopherson, President of Idaho Falls Fraternal Order of Police Lodge 6 Justin Gramm, 2nd Vice President of Idaho Falls Fraternal Order of Police Lodge 6 Brian Smith, State Trustee of Idaho Falls Fraternal Order of Police Lodge 6 Jared Mendenhall, National Trustee of Idaho Falls Fraternal Order of Police Lodge 6 Dennis Wilkinson, Attorney for Fraternal Order of Police Lodge 6 Michael Kirkham, Assistant City Attorney Kathy Hampton, City Clerk Mayor Casper called the meeting to order at 3:00 p.m. with the following agenda items: Calendar, Announcements and Reports: July 11, Budget Workshop July 12, Budget Workshop July 13, Bonneville Metropolitan Planning Organization (BMPO) Belt Loop Study Coordination Meeting, and City Council Meeting July 14, Budget Workshop July 17, Annual Growers Field Day July 18, Budget Workshop July 19, Blue Angels arrival July 19-20, Idaho Consumer Owned Utilities Association (ICUA), Boise July 21, Vietnam 50th Anniversary Event, and Great Race for Education July 21-23, Blue Angels Air Show July 24, City Council Work Session July 25, Budget Workshop July 26, Budget Workshop, and Eclipse public meeting July 27, Idaho Falls Power (IFP) Board Meeting, and City Council Meeting July 28-29, POW/MIA Rally Mayor Casper stated Bryce Johnson, newly appointed Chief of Police, is scheduled to begin working for the City the week of August 14. Ratification for this appointment will occur at the July 13, 2017 Council Meeting. Mayor Casper indicated she has received no complaints for the relocation of the July 4 events. She requested a debrief meeting with City leaders of the July 4 activities to occur after the Eclipse. Mayor Casper gave a brief review of the upcoming City app in coordination with Civic Plus. There was consensus of the Council to roll out the app, as soon as available, to assist with upcoming events. 1  July 10, 2017 Mayor Casper briefly reviewed the budget items related to the recent meeting with the Bonneville County elected officials. She stated Director Alexander and Mr. Fife have recommended $450,000 allocated to Magistrate Court funding for this budget year. She indicated discussion regarding the Fair Grounds and Land swap will be occurring with possible swap of the 911 Dispatch Center. She stated the GIS mapping will be discussed in a working group for future year(s). Additional discussion regarding the Law Enforcement Building (LEB) will be occurring in the near future with Police Chief Mark McBride and Commissioner Bryon Reed. Mayor Casper indicated additional priority items will be re-discussed with the Bonneville County Commissioners. Councilmember Hally stated the Human Resources Benefits Fair will be held August 3. Councilmember Marohn stated budget discussions will begin on July 11. He recommended each Councilmember, as a liaison, review their budgets. He briefly reviewed the July 21 Vietnam Anniversary Event ceremony. Councilmember Smith stated he will be attending American Public Power Association (APPA) as well as ICUA meetings in the following week. Councilmember Ehardt had no items to report. Councilmember Dingman stated the Department of Corrections will be holding a Community Information Resource Fair on July 13. Area of Impact Planning: Director Cramer stated the joint Planning and Zoning Commission (P&Z) (City and County) recently met and are ready to present their public comments as well as an official recommendation to the elected officials. He indicated a public hearing with the P&Z has been tentatively scheduled for August 16 with follow-up discussion occurring at the September 11 Council Work Session to explain the P&Z recommendations. Due to the uncertainty of the recommendations, additional meetings with the Commissioners may need to occur, possibly in October or November. Director Cramer noted Council’s availability. Business Improvement District (BID) Discussion: Director Cramer briefly reviewed the BID process and reminded the Council that the BID renewal only occurs once every ten (10) years. He stated the re-establishment of the BID is determined by the property owners, not the City. The Idaho Falls Downtown Development Corporation (IFDDC) must determine the terms, including the mills rate and any cap of the assessment rate. The resolution to establish the public hearing for the BID was approved in May 2017 with the public hearing scheduled for the July 13 Council Meeting. The ordinance is also proposed for approval at the July 13 Council Meeting. Director Cramer stated the BID public hearing follows the general rules of any public hearing. He indicated the City has previously taken the role of collecting the tax, however the IFDDC has proposed to collect the tax to be more efficient and effective as it has been difficult for the City to collect and enforce the collection. He stated terms of the BID were proposed by IFDDC and the City had no involvement of petitions and signatures. After further review, the terms of the BID were amended by the IFDDC which required collection of all re-signed petitions. Director Cramer stated all legal requirements have been met and the legalities have been explained to those individuals who may be opposing this process. He indicated the BID includes the businesses within the standard downtown boundary. Mayor Casper stated, being this is an election year, she prefers to finalize as many items as possible with the current elected officials due to their familiarity. Sister Cities Ordinance Discussion: Mayor Casper recognized Carole Walters, current Sister Cities President, Nancy Thorsen, previous Sister Cities President, and Melinda Cebull, Youth Delegation Representative. Mr. Kirkham stated the Sister Cities organization has previously overlapped as a community and City function. The National and International organization indicates the organization must be part of a City entity. He stated the City has worked with the Sister Cities Committee to operate and comply with State law. The proposed ordinance clarifies the function and oversight of the Sister Cities organization. The committee will be formed of a five (5) person voting committee; three (3) members at large community members, one (1) member from the adult Sister Cities delegation, and one (1) member from the youth Sister Cities delegation. The committee will also consist of non-voting members, including a City-elected official, a Parks and Recreation (P&R) Department representative, a youth member, and a Chamber of Commerce official. Mayor Casper stated since several P&R facilities and services have been utilized, she believes it was appropriate to 2  July 10, 2017 include a P&R representative. Ms. Thorsen stated the Sister Cities began in 1981. She briefly reviewed the history of the Tokai-mura delegation visits and invited the elected officials to join the Japan trip in November 2017. Mayor Casper stated the proposed ordinance will be included on July 13 Council Meeting agenda. Grand Teton Council Sublease Discussion: Director Alexander stated the Grand Teton Council sublease is located at 574 4th street. She indicated the 25-year building lease, which was signed in 2008, provides for the Grand Teton Council to sublease the property with prior consent of the City. The Grand Teton Council is requesting consent to sublease the building to Best Foot Forward, a non-profit performing arts group for one (1) year. Director Alexander stated the City owns the land as well as the property. She believes the building was constructed on the property in approximately 2008. Mayor Casper indicated the building will become property of the City at the end of lease. The Grand Teton Council currently pays $1 per year for the lease. Brief discussion followed regarding the use of City property and the building. Councilmember Ehardt believes the premise of support for the Boy Scouts for the building and lease has become null and void due to the relocation of the Boy Scouts. Director Alexander indicated the Grand Teton Council stated they are continually using the building and they are paying the utilities. To the response of Councilmember Radford, Mr. Kirkham believes there is nothing illegal by granting permission to sublease. Councilmember Smith believes this request is a continuation of the agreement, whether the City officials are in favor of the lease or not. Mayor Casper stated the lease will be included on the July 13 Council Meeting Agenda. Civic Auditorium Renovations Discussion: Mayor Casper recognized the Civic Auditorium Committee members: Arthur Kull, Chair; Carrie Scheid, Vice-Chair; Bonne Taggart; Anne Voilleque; and Deidre Warden. Director Alexander indicated the Civic Auditorium Committee has been discussing several items over the course of the previous months including a proposed mission statement, benchmarking with other venues, evaluations and recommendations, facility renovation plan, long-term commitment with Idaho Falls Arts Council (IFAC), and, proposed fees schedule. Proposed 2017-18 Auditorium rates: Commercial Touring Performers Area Performers Meetings Main Performance Gross of 10% or $800 Gross of 10% or $600 $800 Same Day Additional Performance Gross of 10% or $400 Gross of 10% or $300 $400 Non-Profit Touring Performers Area Performers Meetings Main Performance $1,500 $400 $300 Same Day Additional Performance $1,000 $200 $200 Additional Rates: New: Facility fee of $100 per performance New: Band and art room use fee - $100/day, plus $25 cleaning fee with performance or $125/first four hours plus $25 cleaning fee without performance Rehearsal and stage setting time Booking/reservation deposit Special effects requests Brief discussion followed. It was noted Area Performers would include performers from Eastern Idaho. Director Alexander then turned the presentation to Mr. Kull and Ms. Voilleque. Mr. Kull reviewed the committee’s major findings. He presented the following recommendations with general discussion throughout: • Name change from “Civic Auditorium” to “Idaho Falls Civic Center for the Performing Arts”. Mr. Kull stated the committee believes a name change would indicate the venue and it’s additional rooms could be utilized by a variety of groups, beyond just a venue for performances. • Mission statement - The mission of the Idaho Falls Civic Center for the Performing Arts is to provide a gathering place where local, regional, national, and international cultural activities illuminate, educate, and entertain. The Idaho Falls Civic Center for Performing Arts celebrates the diversity of our community by offering a variety of life-long learning opportunities. 3  July 10, 2017 • Operations and Marketing - continue agreement with the IFAC for three (3) or more years, with annual review to fully assess its benefit. Director Alexander stated the IFAC agreement will be included on the July 13 Council Meeting agenda. • Facility Renovation in three (3) phases as follows: Phase I: Auditorium - $1,500,000, includes new seating, painting ceiling and walls, replacement of carpeting, electronic marquee, replace lighting dimmer system, acoustical improvements, and replace sound shells and baffles. Phase II: Back of the House - Planning 1-2 years out, will be addressed once District 91 decides on future of Idaho Falls High School. Phase III: Front of the House - Planning 2-4 years out, will be addressed once District 91 decides on future of Idaho Falls High School. Financing of the Renovation: Phase I: time-limited matching funds from a private source (source will be made public once Letter of Intent is received) Cash Flow: $1,500,000 – City $750,000 Foundation $750,000 2017-2018: City $400,000, Foundation $400,000 2018-2019: City $350,000, Foundation $350,000 Phases II and III: To Be Determined Director Alexander indicated the proposed fees will be included in the upcoming budget presentation for Municipal Services. It was noted that very little upkeep/maintenance has been performed on the facility since the Civic Auditorium was constructed in 1953. General discussion followed. The committee expressed their appreciation to City staff. Fraternal Order of Police (FOP): Mayor Casper indicated there will be a series of presentations regarding the FOP and Collective Bargaining. She then turned the presentation to Mr. Christopherson. Mr. Christopherson introduced Mr. Gramm, Mr. Smith, and Mr. Mendenhall, all members of the FOP Lodge 6 Executive Board, and Dennis Wilkinson, FOP Lodge 6 Attorney. He also recognized Dustin Howell and Brandon Prince additional FOP Executive Board members, who were unable to attend the presentation. Mr. Christopherson indicated the goal for this proposal is to come up with a solution that is a win for the police officers, a win for the City, and a win for the citizens and taxpayers. He then turned the presentation to Mr. Smith with general discussion throughout: Purpose – The purpose of the union recognition is to promote and improve relations between the City and the employees of the Idaho Falls Police Department (IFPD); to establish a formal understanding relative to all negotiated conditions of employment; and to provide the means of amicable and equitable adjustment of any and all differences or grievances which may arise, all of which the parties hereto believe and affirm will be to the welfare of the citizens of Idaho Falls, Idaho. Proposal – 1. Recognition of the Idaho Falls Fraternal Order of Police Lodge #6 as the Collective Bargaining Representative for all sworn officers of the IFPD. Mr. Christopherson stated approximately 98% of the sworn officers have signed the union petition. Mr. Wilkinson stated the collective bargaining personnel would be the local members of the IFPD. 2. A Collective Bargaining Agreement that looks and acts much like that of the Idaho Falls Fire Department (IFFD). 3. 1st year proposal is budget neutral. 4. An agreement that the FOP will not discuss any wage increases for at least two years, save the same COLA (Cost of Living Adjustment) increases afforded to other City employees. 4  July 10, 2017 5. In the spirit of transparency the FOP would like to draft and present a contract to the Mayor, City Council, City Attorney and Human Resources (HR) Director for review. Benefits to the City – 1. Enhance officer confidence in the process 2. Another bargaining unit that is easy to deal with much like IFFD and Idaho Falls Power - The ease of dealing with these two bargaining units touted by the City. 3. Built in communication that is regular and developed. Mr. Christopherson believes there was previously no way to communicate, therefore communication occurred through the press. He believes, in good faith, communication with the elected officials has increased. Mr. Wilkinson stated the union would give protocol and authority for discussion items. 4. A clear contract all parties can look to in times of disagreement. 5. Process to resolve any future disagreements. 6. Public Safety Divisions that are on fair and equal ground. 7. National FOP Constitution and Bylaws absolutely prohibit any strike, work slow downs, stoppages, "Blue Flu", etc. 8. Recruiting top talent currently being lost to other Departments in the area. Mr. Christopherson believes the IFPD does not attract officers from other agencies due to the lack of a union. He also believes the amount of experience from officers from larger Cities is invaluable. Mr. Gramm believes the IFPD may potentially lose experienced officers to these other agencies due to the better protections. 9. Returning IFPD to being one of the premier Police Departments in the State. Mr. Christopherson believes officers from other agencies do not want to come here, specifically since the rescission of the Civil Service Rules. Brief comments followed. 10. The FOP Collective Bargaining Agreement (CBA) benefits as it will act as a system of checks and balances to communication and decision making by the Chief of Police, City Council, Mayor and rank and file officers. 11. IFPD is currently the largest department in the state of Idaho, excluding Idaho State Police (ISP), without a CBA. This agreement will keep Idaho Falls on pace with other jurisdictions in the State. Benefits to the Officers – 1. Communication lines that are built in and established. This would be similar to meetings the process of IFFD. 2. Security in the knowledge that protections cannot be removed without communication and discussion. 3. A process of communication and protections that doesn’t change with a change of Mayor/Council/Chief. 4. A ‘seat at the table’ to be involved in decisions and discussions pertaining to, for most officers, their lifelong career. 5. Fosters camaraderie within the department. 6. As of July 10th 2017, more than 99% of sworn IFPD officers signed in support of the FOP being their collective bargaining representative. Issues to be Addressed by Collective Bargaining – 1. Recognition 2. Personnel Issues: Seniority, Reduction, Hours, Salary and Holiday Pay, Employee Benefits, and Grievance Procedure 3. No Strike Clause Councilmember Marohn believes the key to a successful union is the professional development of the executive board members and the elected officers. He prefers a commitment of proper training of the officers to make this a professional union body. Mr. Christopherson stated all members would engage in education for national FOP training and collaboration. Mr. Mendenhall stated several board members have currently attended national FOP training. Discussion followed regarding training of officers within the department. Mr. Christopherson does not believe training is the union’s responsibility, although he believes the officers should advocate for training. To the response of Councilmember Hally, Mr. Mendenhall stated all sworn officers would be members of the union, although the members cannot be forced to pay dues. Any unpaid fees of union dues would be distributed among other members. To the response of Mayor Casper, Mr. Smith prefers regular meetings should occur with the elected officials as he 5  July 10, 2017 believes there has been no previous opportunity to meet with the officials. Discussion followed regarding rumored previous meetings of the FOP with elected officials and a betterment proposal. The majority of those present were not aware of or present for any said meetings. Mayor Casper believes the ability to communicate has improved. Councilmember Marohn stated officers need to realize there is a current process, including an open-door policy with Director Tew and the HR staff. He also stated the officers need assurances that the City is not ignoring the individual officer’s needs. Mr. Christopherson concurred stating several officers have recently met with Director Tew. Officer Gramm believes the majority of officers do not trust the process. Mayor Casper stated future discussion will include the process/best practices for all employees. Mr. Christopherson believes the defined rules will help provide structure. Councilmember Smith reminded the officers that any communication needs to be sent individually to the Councilmembers due to possible violation of open meeting law. Councilmember Radford expressed his appreciation and believes, on behalf of the Councilmembers, that the police and fire departments as first responders are priority. Mayor Casper stated her primary role is to facilitate dialogue and ensure the Councilmembers have all needed information. She believes a series of workshops needs to occur to obtain this information including data from HR, Legal, union data, and the new police chief. She is hopeful the Councilmembers will have their own dialogue as well. Councilmember Marohn believes it is not beneficial to rush this item. Mr. Christopherson expressed concern with any delay and the possible change of elected officials. He indicated the FOP is optimistic in moving forward. Mr. Wilkinson requested a date to present a draft of the Collective Bargaining Agreement. Mayor Casper could not determine a specific date at this time. She commended the FOP for their method of dialogue and tone. She expressed her appreciation to the Councilmembers and sees the good faith effort of communication by all involved. She believes there is trust that needs to be repaired and she is also optimistic for the future. She stated these specific items were discussed during the interview process of the new Chief of Police. Mayor Casper expressed her appreciation to the officers for their commitment as officers and the FOP leadership. There being no further business, the meeting adjourned at 5:40 p.m. s/ Kathy Hampton s/ Rebecca L. Noah Casper CITY CLERK MAYOR 6