City Council

November 5, 2018 The City Council of the City of Idaho Falls met in Special Meeting (Council Work Session), Monday, November 5, 2018, 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: Mayor Rebecca L. Noah Casper Councilmember Michelle Ziel-Dingman Councilmember Jim Freeman Councilmember Jim Francis Councilmember John Radford Councilmember Shelly Smede Absent: Councilmember Thomas Hally Also Present: Brad Cramer, Community Development Services Director Catherine Smith, Idaho Falls Downtown Development Corporation (IFDDC) Executive Director Chris Fredericksen, Public Works Director Ryan Tew, Human Resources Director Bryce Johnson, Police Chief Pamela Alexander, Municipal Services Director Dana Briggs, Economic Development Coordinator Randy Fife, City Attorney Kathy Hampton, City Clerk Mayor Casper called the meeting to order at 3:02 p.m. with the following: Acceptance and/or Receipt of Minutes: There was no action required by the Council. Calendar, Announcements and Reports: November 8, Idaho Falls Power (IFP) Board Meeting; and, City Council Meeting November 9, Veterans Day Events; and, Business of Distinction Gala November 12, Veterans Day, City offices closed November 19, City Council Work Session November 20, City Council Meeting November 22, Thanksgiving, City offices closed November 24, Annual IFDDC Tree Lighting Ceremony November 30, Association of Idaho Cities (AIC) Legislative Summit Mayor Casper stated a tentative schedule is continuing for a future Area of Impact (AOI) meeting with the Bonneville County Commissioners. She also stated discussion will need to occur regarding the January 2019 meeting schedule as there are several pending conflicts. Mayor Casper recognized the return of the Florida deployment team. She indicated due to this team being assigned by the Governor’s Office, there is protocol with speaking arrangements. Councilmember Francis noted the deployment team supervised 8,500 individuals. Mayor Casper stated an Urban Land Institute event is forthcoming. Liaison Reports and Concerns: Councilmember Smede stated the Library has advertised for an Assistant Director position. The Library was recently awarded a Science, Technology, Engineering and Mathematics (STEM) grant in the amount of $2500. 1  November 5, 2018 Councilmember Freeman stated saturation patrol will begin for the newly adopted distracted driving ordinance, citations will begin in January 2019; the Idaho Falls Police Department (IFPD) Public Information Officer (PIO) position has closed; and, Shop with a Cop will be held December 8. Councilmember Francis stated the Sr. Citizen Center is running short on funding for the Meals on Wheels program (approximately 50 cents/meal). Councilmember Radford had no items to report. Councilmember Dingman expressed her appreciation to all those who attended the Parks and Recreation (P&R) Master Plan meeting, RECreate IF. She also announced an upcoming P&R hockey event. Hatch Addition Rezone Hearing Follow-up: Director Cramer stated staff accepts the responsibility for the error with the recent public hearing. Prior to advertising the hearing, discussion occurred regarding the advertisement for the hearing and how to proceed forward. Then, prior to the Council Meeting Legal staff determined the two items, the rezone hearing and the vacation hearing, needed to be separated. It was too late for mailing notification to property owners of this decision. At that point the only options were to announce, at the meeting, the separation of the items or to cancel the hearing. Staff chose to proceed with the hearing due to time constraints for the applicant. Director Cramer stated he was not aware of any instance when a rezone was re-requested once a rezone request in the same area was denied. He also stated the document referred to at the meeting pertaining to the six-month timeframe was buried on the website and he was not aware of the document. Director Cramer indicated the previous zoning ordinance didn’t have the six-month restriction, therefore, the document on the website was reporting incorrect information. The one-year requirement, which is part of the new zoning ordinance, was inserted into City Code although it is not part of the regular process and had not yet been worked into the system. Director Cramer explained that an applicant cannot apply for rezone after a denial for one (1) year, however, Community Development Services staff will recommend a six-month timeframe to be in line with State Code. Councilmember Freeman expressed concern for the language, as “significant changes” is not defined. Councilmember Radford believes the process needs to be predictable including a reasonable timeframe. Councilmember Dingman supports the six-month timeframe. She indicated a denial, for a good reason, will not change the outcome. She believes this was a learning lesson. Brief discussion followed regarding the Planning and Zoning Commission process. Director Cramer stated staff will involve other departments to prevent unanswered questions prior to a hearing although staff needs to be aware of the application timeframe process. Mr. Fife stated per land use planning, the same principles that may apply to the legislative process may not apply to the quasi-judicial process. He indicated when a development intersects with a vacation, according to Idaho Case Law, vacations are to be considered separately. Mr. Fife stated the six-month waiting period is the timeframe the Comprehensive Map can be changed. He indicated additional research will occur followed by a recommendation from the department. Downtown Parking Discussion: Director Cramer stated the numerous construction projects also include the necessity for construction workers to park their construction equipment. He was approached by Ms. Smith, due to the confusion of parking enforcement, for a proposed Construction Parking Permit. He stated the proposed Construction Parking Permit has been reviewed by the City’s parking committee. Director Cramer stated the contractor could purchase a daily, weekly, or monthly permit. This permit would only be valid adjacent to the construction site and would become void at the time the building permit is closed. This permit would include new fees, and any parking permits would be issued through the Building Division. Ms. Smith indicated the downtown property owners are very interested in a permitting process. Brief comments followed, including the concern for ‘adjacent’. This item will be included on a future Council Meeting agenda. Water Settlement Agreements Introduction: Director Fredericksen stated this item has been discussed for a number of years. The two (2) agreements include all cities mitigation and, internal City mitigation. Director Fredericksen stated the agreements will be discussed at a future Work Session with Rob Harris once the Council has had the opportunity to review the agreements. Director 2  November 5, 2018 Fredericksen stated there is a financial component with the internal City agreement which will require discussion to determine the most cost-effective means to provide water to the citizens. Idaho Transportation Department (ITD) I-15/US20 Update: Director Fredericksen introduced Karen Hiatt, Engineering Management with ITD; Kelley Hoopes, Horrocks Engineering; and, Ryan Day, Project Manager with ITD. Mr. Hoopes expressed his appreciation for the communication with other entities including City, County and ITD. He stated Level 1 screen was presented with 14 alternatives, 9 of the 14 have become Level 2. These Level 2s were presented to the public on September 15, with great showing of public interest and comments. Mr. Hoopes will take the Level 2 alternatives to the next analysis to look at traffic analysis including: pedestrian/bike multi-mobile routing; right-of-way; environmental concerns; connections to local access; review of land use planning; individual environmental concerns; and, future use. Mr. Hoopes indicated the results will be screened by an established matrix and will be presented again to the public in early spring. He indicated the Community Working Group proposed a couplet, where the road splits and is one way on each side, as an alternative. He also indicated a short-term project came forward concerning the off-ramp of I-15 as it ties into US 20 going east, relative to traffic backup onto Grandview. Mr. Hoopes stated ITD is trying to balance the traffic by making a free right coming off I-15 going east bound onto US 20. The free right would not conflict if traffic on Grandview was funneled to a single lane. Mr. Hoopes briefly reviewed VHT (Vehicle Hours Traveled). He stated by changing the traffic signals and making I-15 a free right the VHT could decrease by 1/3 during peak hours. Mr. Hoopes stated this proposal is being submitted for strategic initiative funds from the State. Ms. Hiatt stated the ITD’s process would be put into the Idaho Transportation Improvement Program and this time next year it potentially would be a real project, with the known amount of needed funding. Mr. Hoopes indicated the east bound traffic would have a green light with the free right off I-15, unless there is vehicular traffic exiting I-15 or pedestrian traffic. He stated pedestrians would need an island which would need to be well signed/well signaled or possibly constructing an underneath tunnel. There is also concern with conflicting traffic for Rexburg traffic and traffic wanting to get off at Lindsay Boulevard. Mr. Hoopes stated this is not the overall solution, but rather an interim solution to the current problem. ITD is striving to keep this project under $1 million. Ms. Hiatt believes this project will rank high for safety and mobility. City and Police Personnel Manuals Discussion: Director Tew reviewed proposed changes to the City Personnel Policy with general comments throughout: Nepotism Policy (not a change to current practice); Changes (will require the City to provide a 30-day window for employee comments before changes to the Personnel Policy Manual); Classification and Pay Grade Policy (will provide more flexibility with respect to the new salary of employees when promoted); Sick Leave (clarifies window of time for requesting annual sick leave payout); Leave of Absence without Pay (may grant leave of absence without pay to employees on military leave); Disciplinary Action and Terminations (progressive discipline); Code of Conduct (use of certain substances on breaks or at lunch); Grievance Procedures (similar to Police Personnel Manual); and, Drug Free Workplace Policy (disclosure of medication). General discussion followed regarding the wording of ‘should’. Director Tew stated ‘should’ provides flexibility. He also stated this policy is a teaching document for supervisors. Chief Johnson stated the Police Personnel Manual has been distributed to all IFPD personnel and the Fraternal Order of Police (FOP) with only minor concerns received. He reviewed the proposed Police Personnel Manual with general comments throughout: Purpose; Application and Interpretation of the Policy (including calculating time); Changes (30 day notification for proposed changes); Management Decisions and Expectations (sole authority to operate and lead); Employee Expectations (Expectations allows employees to express their ideas in at least three (3) separate meetings, Investigation allows employees to be accompanied by a representative of their choice); Hours of Service and Overtime (Fair Labor Standards Act (FLSA) outlines legal obligations, this section also addresses changes in regular work days off, changes in scheduled hours, approved unscheduled hours, extra shifts, compensation for 3  November 5, 2018 Court/Administrative Proceedings, standby, callout, compensatory time, and out of classification work); Vacation and Hold Days (including seniority, vacation time, and, shift bidding); Promotions; Seniority; Grievance Procedure; Boot and Uniform Cleaning Allowance; and Career Path. Chief Johnson prefers to amend the date of compensatory notification to April of each year to be consistent with the City Personnel Manual. These two Personnel Manuals will be included on the November 8 Council Meeting agenda. City Flag Policies Follow-up Discussion: Mayor Casper stated questions have been received regarding the need for a flag policy. She indicated her administration has strived to find the best practice possible for a variety of agreements and contracts, which are then codified. This practice may anticipate potential problems or concerns to establish a procedure. She stated, due to the potential risk, there is responsibility to be aware of the risk and codify the practice. She believes there has been thorough, robust discussions with this item and, a policy needs adopted. Mayor Casper apologized for any previous insulting comments as that was not her intent. Director Alexander reiterated there is no standardization for the display of flags at all City buildings. She briefly reviewed the resolutions discussed at the October 22 Council Work Session: City of Idaho Falls Flag Policy (there were no requested changes); City Flag (there was consensus for preference of the City Seal versus the City logo, although there is interest to improve this flag); and, proposed Prisoners of War/Missing in Action (POW/MIA) flag (to be flown on six (6) designated holidays and designations). Councilmember Radford recommended the POW/MIA flag be flown 24/7/365. This would meet the needs of the veteran community. Councilmember Dingman concurred flying the POW/MIA flag 24/7/365 at City Hall, Idaho Falls Airport, Idaho Falls Power, Idaho Falls Public Library, the War Veterans Memorial on Memorial Drive, and the Vietnam Veterans Memorial in Freeman Park. She believes these locations have a history of the POW/MIA flag being flown. Councilmember Freeman prefers to grandfather the previous locations. He stated following discussion with those public members in attendance, he believes there is consensus to fly the POW/MIA flag at City Hall, the War Veterans Memorial on Memorial Drive, and the Vietnam Veterans Memorial in Freeman Park. Councilmember Francis stated these three (3) locations are the crucial points that have the tradition. Director Alexander reviewed the City Buildings and the specific flags flown at these locations. Councilmember Radford recommended the POW/MIA flag continue to be flown at its current five (5) locations although the POW/MIA flag could be available to be flown at additional locations on specified days. Brief discussion followed regarding the original placement of the POW/MIA flag at the multiple locations. Mr. Fife stated the Council needs to decide, on behalf of the City, how to express First Amendment rights on flag poles. He suggested the Council be intentional on the locations to control the free speech forum. He stated the resolution could be adjusted as needed. Director Alexander noted Building Maintenance staff evaluates the condition and maintenance of all flags. Following additional discussion, there was consensus to fly the POW/MIA 24/7/365 at the following five (5) locations: City Hall, Idaho Falls Regional Airport, Idaho Falls Power, the War Veterans Memorial on Memorial Drive, and the Vietnam Veterans Memorial in Freeman Park. Mayor Casper stated passage of these resolutions would not allow the Fire Department to fly their department flag. Future discussion may need to occur. This item will be included on the November 8 Council Meeting agenda. Community Support Grant Awards Discussion and Approval of Remaining Funds: Ms. Briggs stated following discussion at the October 22 Work Session, the committee reviewed the applications for the Alturas Institute for $2,000, and College of Eastern Idaho (CEI) for $7,000. The committee’s decision, after much discussion, was to grant Alturas Institute and CEI the original recommended funding. Ms. Briggs stated the Tautphaus Park Zoological Society (TPZS) has also received a matching grant ($7,500) awarded from the Idaho Stem Action Center (a sub-committee of the Governor’s Office). Councilmember Freeman believes, following the committee’s recommendations, these entities deserve the grant funds. Councilmember Dingman stated she has visited with the administration at CEI, she will ensure other school district foundations are aware of the Community Support Grants Program. It was moved by Councilmember Dingman, seconded by Councilmember Francis, to approve the Community Support Grant Awards in the amount of $2,000 for Alturas Institute and the amount of $7,000 for College 4  November 5, 2018 of Eastern Idaho. Roll call as follows: Aye – Councilmembers Freeman, Radford, Smede, Francis, Dingman. Nay – none. Motion carried. Community Housing Outreach and Activities Presentation: Ms. Briggs introduced the following: Karen Lansing, Habitat for Humanity Idaho Falls Area Executive Director Brenda Price, Region 6 Housing Coalition Chair Lisa Farris, Grants Administrator Shane Seeley, Idaho Housing and Finance Association Ms. Farris stated Community Development Block Grant (CDBG) funds information is gathered to identify the housing needs in the area. This information includes affordability, availability, and, low wait times. She briefly reviewed 2006-2018 CDBG funds ($869,146.40) that were allocated to Housing Projects and Activities including Habitat for Humanity Idaho Falls Area (H4HIF); single-unit housing rehab LIFE, Inc.; single-unit housing rehab, EICAP and EICAP/Haven; and, rehab for emergency shelter or group homes. She also briefly reviewed 2006-2018 CDBG funded supportive housing activities (non-build rehab housing projects, $283,084) including CLUB, Inc. and, Behavioral Health Crisis Center (BHCC) of East Idaho. Ms. Price stated the housing coalition has expanded over the course of several years. She indicated the point-in-time occurs in January to determine the number of homeless individuals. This information is documented through the State. Ms. Price stated Region 6 also participates in the homeless stand down, which recently occurred. The stand down event provides medical assistance, free haircuts, dental exams, and many other services. Ms. Price reviewed housing policy considerations. She also reviewed and briefly explained housing continuum (shelters, transitional housing, housing first, permanent supportive housing, subsidized housing, and market rate housing). She stated funding comes down from the Federal level. Councilmember Radford suggested a point-in-time count could also occur at Barnes and Noble as he sees homeless individuals on a regular basis. Brief discussion followed regarding the elected officials sharing this information with the State legislature. Mr. Seeley stated the Idaho Falls branch office of Idaho Housing and Finance Association (IHFA) administers Housing and Urban Development (HUD) rental subsidy programs for very low-income households. This branch serves 16 counties and is one (1) of four (4) IHFA branch offices around the State. Mr. Seeley reviewed the voucher waiting list stating demand always exceeds available funding, IHFA maintains an open waiting list, and, waiting list times vary depending on available funding and voucher turnover. The Idaho Falls branch wait list is currently 18-20 months. Mr. Seeley stated IHFA uses preferences to determine waiting list placement. He reviewed rental programs currently administered in Idaho Falls, total of 658. Mr. Seeley reviewed the voucher process - eligibility determination; attend briefing and receive voucher; client selects unit; client submits request for tenancy to IHFA; IHFA conducts inspection; determines rent reasonableness; landlord/tenant sign lease; landlord/IHFA sign rental assistance contract; IHFA begins paying rental assistance; IHFA conducts annual and interim recertifications; and, IHFA conducts annual and special inspections. Mr. Seeley reviewed the family self-sufficiency program, housing counseling; HOPES (Homeownership Opportunities Promote Economic Stability) Program; Low Rent Public Housing (LRPH) scattered-site disposition; and, Read, Set, Read program. Habitat for Humanity – through homeownership Habitat for Humanity helps families build strength, stability and self-reliance. Ms. Lansing briefly reviewed completed projects as of November 2018; the community impact; living wage for a family of four (4) (wages have not kept pace with the rising cost of rental housing and homes); Habitat for Humanity home buyers; 2016 United Way ALICE (Asset Limited, Income Constrained, Employed) Report; Habitat for Humanity family selection (scored in three (3) areas); Habitat for Humanity’s zero interest loans (home buyers are charged 30% of their monthly income for their monthly mortgage payment); and, Habitat for Humanity housing programs (new construction, home rehabilitation, A Brush with Kindness). Ms. Lansing stated Habitat for 5  November 5, 2018 Humanity has been working in Highland Park since the late 1990’s which includes nine (9) new construction homes, three (3) rehabilitated homes, and one (1) Brush with Kindness Project. She presented before/after pictures of several of these homes. Ms. Lansing expressed her appreciation to the Councilmembers for their continued support to Habitat for Humanity. Ms. Briggs stated several conversations are occurring regarding connecting home builders with the community and business owners, she believes this dialogue is important. General comments followed. There being no further business, the meeting adjourned at 7:00 p.m. s/ Kathy Hampton s/ Rebecca L. Noah Casper CITY CLERK MAYOR 6