City Council

October 10, 2017 The City Council of the City of Idaho Falls met in Special Meeting (Council Work Session), Tuesday, October 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 Barbara Ehardt Councilmember John B. Radford Councilmember Ed Marohn Councilmember Michelle Ziel-Dingman Councilmember Thomas Hally Absent: Councilmember David M. Smith Also present: Ryan Tew, Human Resources Director Bryce Johnson, Police Chief Greg Weitzel, Parks and Recreation Director Rob Harris, Holden, Kidwell, Hahn and Crapo, P.L.L.C. Brad Cramer, Community Development Services Director Catherine Smith, Idaho Falls Downtown Development Corporation (IFDDC) Executive Director Brent McLane, Planner Kelly Gillman, CRSA Consultant Kerry Hammon, Public Information Officer Michael Kirkham, Assistant City Attorney Kathy Hampton, City Clerk Mayor Casper called the meeting to order at 3:02 p.m. She stated Councilmember Smith and City Attorney Randy Fife are attending American Public Power Association (APPA) meetings. Calendar, Announcements and Reports: October 12, Idaho Falls Power Board Meeting, and City Council Meeting October 12, Idaho Falls Police Department officer swearing in October 17, City Club luncheon featuring Congressman Mike Simpson October 23, City Council Work Session October 26, City Council Meeting November 7, Election Day November 10, Veterans Day, City offices will be closed Acceptance and/or Receipt of Minutes: It was moved by Councilmember Hally, seconded by Councilmember Marohn, to receive the minutes from the Planning and Zoning Commission. Roll call as follows: Aye – Councilmembers Radford, Ehardt, Hally, Marohn, Dingman. Nay – none. Motion carried. Mayor Casper stated space in the basement of City Hall, due to the relocation of the Fire Department, is available for Council office space. She indicated acknowledgment was received from Targhee Regional Public Transportation Authority (TRPTA) expressing gratitude to the City. She also acknowledged the Governor's Office submittal of a news release regarding the recent Energy and Efficiency Award for the Wastewater Treatment Plant facility. Councilmember Hally reviewed acknowledgment from a Californian family who viewed the eclipse. 1  October 10, 2017 Councilmember Marohn stated the Idaho Falls Fire Department (IFFD) progress report is available. Councilmember Ehardt had no items to report. Councilmember Radford had no items to report. Councilmember Dingman stated Real Heroes’ Trunk or Treat Halloween event, hosted by the Idaho Falls Police Department, Idaho Falls Fire Department, and Bonneville County Sheriff’s Office, will be held October 28. Dr. Kaupins, Public Employee Union Research and Data: Mayor Casper introduced Dr. Gundars “Gundy” Kaupins, Department Chair and Professor of Management at Boise State University (BSU). Dr. Kaupins presented the following information, per City request, through a Skype session with general discussion throughout: Progressive Human Resources: A. Think strategically – combine jobs, do we need the benefit? These should all be linked together to make officers successful. B. Open the Door – for example, the Policeman’s Ball puts real people together within the community in an unprofessional manner. C. Active listening – the number one skill each managerial job needs to have including verbal, physical and emotional skills. D. Think perceptions – both parties should see a win-win situation. Examples include “I” versus “You” language, soft versus hard language, and flexibility versus idealism. History of Unions: In Idaho, firefighters and teachers may collectively bargain but not strike. The Idaho Code does not mention police officers. Public-sector workers had a union membership rate more than five times higher than private-sector workers. Police Unions in Idaho are easy to start but hard to gain recognition from City Councils to allow a union to engage in collective bargaining. No police officer would be forced to join a union because the State of Idaho is a right-to- work State as of 1986. Purpose and Powers of Unions: Councilmember Radford believes unions may promote work satisfaction and self-determination. Director Tew believes unions can limit the ability of being listened to due to shop stewards. Dr. Kaupins concurred depending on management and the union itself. However, management training cannot be mandated as that would illegally dominate the union. Councilmember Marohn believes there may be a redundancy of employee protection in police rights versus other City personnel. He also believes communication within the City is improving. Fiscal Impact of Unions in General: Union members had higher median weekly earnings than those who were not union members. These earnings differences reflects a variety of influences including variations in the distributions by occupation, industry, age, firm size, or geographic region. Director Tew expressed his concern with incompatibility regarding the Pay for Performance system and stated a police unionization would not be included in the Pay for Performance process. Brief discussion followed regarding union wages and seniority of management. There was no significant difference in the safety aspect. Councilmember Ehardt requested information regarding Idaho Fraternal Order of Police (FOP), Dr. Kaupins had no research data. Councilmember Marohn questioned how to ensure the most skilled people are running the union. Dr. Kaupins recommended encouragement of training, not forced training. Councilmember Radford requested Dr. Kaupins opinion to proceed forward. Dr. Kaupins believes communication is needed with officers through surveys, joint meetings, and informal events. Mayor Casper expressed her appreciation to Dr. Kaupins. She stated this discussion follows previous presentations occurring at the July 10 and the August 7, 2017 Work Sessions regarding unionization. She indicated Chief Johnson will be presenting at the November 9 Council Work Session. Additional information will also be provided to 2  October 10, 2017 Councilmembers regarding the legal framework to establish a union, followed by a final discussion at the November 20 Council Work Session. Presentation of Sale and Purchase Agreement, 4H Fairgrounds Property: Mayor Casper stated purchase of the 4H Fairgrounds property cannot proceed without the State requirements of advertisement, public hearings, and approval. She indicated Bonneville County will also be following said State requirements. Funding for the purchase is a fiscal/budget decision, not a legal decision. She stated a small group of individuals, consisting of Director Alexander, Director Weitzel, Legal staff representative, Councilmember Marohn, and Councilmember Radford, is being formed to consider available financing options for a future Council presentation. Mr. Kirkham stated the proposed agreement has been reviewed by the City and County legal staff. This agreement is not final until the public hearing process and approval occurs. He noted the legal description of the parcel will require an update. He indicated basic provisions of the purchase price indicates the City will agree to pay the value of property as determined by the appraisal with a minimum of $600,000 and a maximum of $750,000. The City will pay the upfront earnest money of $50,000 which will be included in the total purchase price. At that point, the City could begin construction for the Maeck Education Center (MEC). Mr. Kirkham recommended discussions regarding the property should be limited due to the quasi-judicial nature of the public hearing. Master Canal Pathway Agreement Discussion: Mayor Casper stated this discussion has been occurring for a number of years. She indicated canal companies are a large part of the agricultural community and are entwined with irrigation districts. She stated as Cities grow, there has been some difficulty coordinating with the canal companies and the walking/biking community. Mayor Casper stated the Connecting Our Community (COC) Plan has created numerous pathways which were dependent on canal pathways. She commended Director Cramer, Director Weitzel, Public Works Director Chris Fredericksen, and Mr. Harris for their work with the canal companies to proceed forward. She then turned the discussion to Director Weitzel and Mr. Harris. Director Weitzel reviewed the statistics of the COC stating the cities of Ammon, Ucon, and Iona were also included in the planning effort of trail development. Mr. Harris expressed his appreciation to the Idaho Irrigation District. He stated the City has no bargaining position with the canal companies due to State statute which states easement rights associated with the canals can only be encroached upon with written permission of the easement holder. He also stated amended State statute states the City cannot exercise eminent domain for pathways that are not located next to a road. Mr. Harris believes terms in the agreement is favorable to all involved. He reviewed the draft Master Canal Pathway Agreement with the Idaho Irrigation District with general discussion throughout. He stated this agreement is similar to the City of Meridian agreement. Provisions include, but are not limited to: Initial and Renewal Terms; Consultation Process; Indemnification Clause; Emergency Action Plan; Authorization from Servient Estate Owners; Use of Authorized Pathways; Maintenance Rights and Obligations; Right to Deposit Spoil; and City Maintenance of the Canal Banks to occur within a three-year phased-in schedule. Director Weitzel stated there are 24 miles of canal banks. He indicated this would amount to approximately $5000 per trip. Additional provisions include: pathway maintenance by the City; protection of public safety; signage; enforcement; and Education and Media Outreach. Mr. Harris believes this agreement will benefit the Idaho Irrigation District as well as the City. Director Weitzel stated the Idaho Transportation Department (ITD) has identified a transportation alternative program with grant funding, however, approval of the agreement would be required to be eligible for the grant application. Per Mayor Casper’s request, it was moved by Councilmember Marohn, seconded by Councilmember Dingman, to change the order of the agenda and reverse the Business Improvement District and the Downtown Plan and Form Based Code discussion. The Good Faith reason is to prevent undo waiting timing for a short presentation followed by a longer presentation. The motion passed followed a unanimous vote. Business Improvement District (BID) Management Agreement Review: Director Cramer stated changes to the agreement include an amendment relative to the Public Records Law and the Open Meetings Law which will include notification of all meetings. Ms. Smith stated one of the goals of the IFDDC is to brand downtown. She also stated a portion of the funds received through the BID assessment will focus on marketing. She indicated gateway signage and beautification will also continue to be a goal of IFDDC. Ms. Smith briefly reviewed beautification projects and stated fundraising continues to occur for adults and children. 3  October 10, 2017 Councilmember Dingman expressed her appreciation to the transparency of the IFDDC. Ms. Smith briefly reviewed upcoming meetings and activities. Director Cramer stated the BID agreement will be included on the October 12 Council Meeting agenda. Downtown Plan and Form Based Code Discussion: Director Cramer indicated the downtown plan presentation occurred in the previous year. He stated CRSA was utilized for the plan and the implementation strategy as form based code is not well known. He is hopeful form based code can begin before year end. Director Cramer stated remodels and construction projects have recently been occurring in the downtown area, which has not been normal for several years. Mayor Casper stated per a square- footage basis, downtown yields more property taxes than other parts of town which is an investment in the City tax base. Director Cramer concurred. He then introduced Mr. Gillman for the following presentation with general discussion throughout. Project Purpose and Need: o Specific implementation steps/strategies – buy in to the plan o Balancing existing character with new ideas o Current pulse of development and activity in downtown – what’s the vibe? o Long-term vision supported by incremental changes and metrics o Funding strategies to implement components of the vision o Make downtown appealing to a wide range of people o Vibrant, active, attractive places with things to do year-round Mr. Gillman stated the downtown master plan is a two-part document which includes the Downtown Plan Summary, which outlines the vision, and the Form Based Code, which is currently in progress. He reviewed the project timeline including a public open house and an online informational map. Key initiatives and themes include urban design; market and housing; tactical urbanism; and, transportation, lineages, and mobility. Mr. Gillman stated the demographics of Idaho Falls and the region has a younger-than-average population, partially due to the family size and the availability of educational institutes. He indicated this group tends to look for alternative housing which may ultimately draw them to the downtown area for affordability. Brief discussion followed regarding TRPTA. Mr. Gillman reviewed street reconstruction/reconfiguration, stating the goal of complete streets is to accommodate as many people as possible; draft regulating plan, stating focus varies with the sub districts; sub district character; and urban design development. Mr. Gillman stated a template was utilized for the Form Based Code outlining the calibration process including: Place Types; Street Types; Subdistricts; Uses; Building; Open Space; Landscaping; Parking; and Signs. He briefly reviewed the allowed building types and scale by subdistricts as well as using the code/applicant process. By following this process, the form of said building type would be determined. Brief discussion followed regarding uses of buildings. Director Cramer stated downtown design guidelines, written several years but never codified, were reviewed to ensure protection of any downtown investment. Director Cramer encouraged the Council review the implementation section of this plan which addresses financial strategies and case studies from other cities. He indicated the plan could be adopted immediately following the public hearing process. There being no further business, it was moved by Councilmember Hally, seconded by Councilmember Marohn, to adjourn the meeting at 6:12 p.m. s/ Kathy Hampton s/ Rebecca L. Noah Casper CITY CLERK MAYOR 4