City Council

November 23, 2020 Work Session The City Council of the City of Idaho Falls met in Council Work Session, Monday, November 23, 2020, 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 Council President Michelle Ziel-Dingman (via WebEx) Councilor John Radford (via WebEx) Councilor Thomas Hally Councilor Jim Freeman (via WebEx) Councilor Jim Francis Councilor Shelly Smede (via WebEx) Also present: PJ Holm, Parks and Recreation Director Bryce Johnson, Police Chief (via WebEx) Jeremy Galbreaith, Police Captain (via WebEx) Pamela Alexander, Municipal Services Director Christian Anderson, Zions Public Finance Municipal Advisor (via WebEx) Adam Christensen, Hawley Troxell Bond Counsel (via WebEx) Randy Fife, City Attorney Kathy Hampton, City Clerk Mayor Casper called the meeting to order at 3:00 p.m. with the following items: Calendars, Announcements and Reports: Mayor Casper distributed flyers from the Salvation Army regarding their outreach efforts for Thanksgiving and Christmas. She stated the Idaho Falls Downtown Development Corporation (IFDDC) Christmas tree lighting event will be held November 26, due to the governor’s order, this event will mainly be held virtually on Facebook; the employee holiday social for the Christmas season will not be held although gifts are being collected for a raffle; and City Council meeting will be held November 24. She also reviewed information regarding State legislation. Acceptance and/or Receipt of Minutes: It was moved by Councilor Francis, seconded by Councilor Hally, that Council receive the recommendations from the Planning and Zoning Commission Meeting of November 10, 2020, pursuant to the Local Land Use Planning Act (LLUPA). Roll call as follows: Aye – Councilors Francis, Dingman, Freeman, Hally, Radford, Smede. Nay – none. Motion carried. Liaison Reports and Council Concerns: Council President Dingman stated the Hunger Games event for the Community Food Basket has been canceled although it is being replaced with a home-based gingerbread contest. She encouraged all individuals to participate. Councilor Smede expressed her appreciation to Municipal Services for the information contained in the Work Session packet. Councilor Radford stated per American Public Power Association (APPA), Senator John Kerry announced to be climate czar for nuclear power. He also stated there is a lot of growth in the City which has impacted Community Development Services with delays; and Public Works came in with 109% of revenue in October, even during a COVID year, which is due to growth. Councilor Freeman stated there will be no sanitation services occurring on November 26 for Thanksgiving, services will be delayed one (1) day. Councilor Hally stated the Senior Citizens Center would appreciate any donations for Meals on Wheels. 1  November 23, 2020 Work Session Councilor Francis stated John Marley and Darin Moulton have been promoted and Scott Killian has retired from the Idaho Falls Police Department (IFPD). Coronavirus (COVID-19) Update and Discussion: Mayor Casper believes there is a light at the end of the tunnel as vaccines are indicating promise which has prompted new discussion on prioritization and roll-out, the governor’s office will be working on the roll-out plan. She noted the United States Food and Drug Administration (FDA) granted emergency authorization for experimental treatment. She stated there is an intense spread with Idaho consistently in the top 15 for infection rates and often in the top 10 worst states with the rate of spread. It was recently announced that 91 Bonneville County residents have passed away due to COVID-19. Mayor Casper stated there are also impacts on employees, businesses, schools, hospitals, emergency services, etc. which are real concerns. She also stated holiday gatherings are a large concern and Eastern Idaho Public Health (EIPH) messaging will be forthcoming. She shared the message “Better to have a zoom Thanksgiving than an ICU Christmas”. She stated getting through this will require grit and sacrifice, this is what American character is made of. She also stated the right messages must be shared with community members to get them to think beyond the here and now. Council President Dingman concurs with Mayor Casper. She believes 99% will survive although the impacts are significant. She has seen repercussions to family life, work, and employment. She reiterated the significant impacts. She stated, per the draft resolution, she believes it’s important for the community to know the elected officials are behind EIPH and are supporting the governor’s order although she is unsure what the impact will be. She does not believe the community is looking to the elected officials for guidance or advice although she believes it does mean something to some individuals that their elected officials are supporting something. She also believes the resolution may be interpreted as a mini stay-at-home order which is not what the Council is trying to do. Councilor Smede is in favor of moving forward and expressed her frustration for those unmasked individuals. Councilor Radford expressed his concern for being viewed as not taking action and believes people may be upset that the Council is not taking stronger action. He is unsure of the role being more stringent. He believes a lack luster effort may be open to more criticism of doing nothing. Mayor Casper stated the City has not exercised the full extent of enforcement. She believes the Council needs to find a balance for the right community approach based on key emergency and health services. Council President Dingman stated she wants it to have an impact, not just for show. She believes the Council does need to strengthen the resolution, particularly for public events. She also believes public events need to be enforced in regards to the governor’s order and organizers of events need to be cited. She indicated she would include that in the resolution. Councilor Hally agrees. He believes the Council needs to look as consequences. He also believes the overflow in hospitals would slow down the distribution of a vaccine. He noted the mandate in Idaho is political and the Council needs to get as tough as possible. Councilor Radford believes the EIPH mask mandate has made a difference as he sees 90%+ of individuals at the mall are wearing masks. He concurred with Council President Dingman, fear matters especially with events. Councilor Freeman believes individuals have landed where they have landed and they are not going to move. He also believes more masks are being worn. He stated there is a lack of cooperation of those who do not want to quarantine or who are not willing to help with contact tracing. He stated he is amazed that individuals are not cooperating. Councilor Francis does not oppose adding language for gatherings. He stated the resolution was partially drafted due to the pressure on first responders and health care professionals and their families. He believes this will endorse those who are cooperating and who are currently making that sacrifice and are receiving support from elected officials. He stated recognizing the importance of modeling is what is behind the resolution. Discussion followed regarding requested changes in the resolution. Council President Dingman prefers the word ‘prevent’ as she wants this as a prevention document. She noted this is not a shutdown, this is a citation. She stated the Council will create a process and then will cite. Councilor Radford believes individuals need to know there could be a consequence. Following additional discussion, including the governor’s order referencing a misdemeanor, the language will be amended to be included on the November 24 Council Meeting agenda. War Bonnet Round Up Association (WBRUA) Memorandum of Understanding (MOU) Review: 2  November 23, 2020 Work Session Director Holm stated this item was originally presented in November, 2019. He noted the association is an outside 501(c)(3) organization. Director Holm reviewed the agreement language in Section I: Scope of Work (WBRUA responsibilities and City responsibilities) and Section II. He believes this will be a good relationship as he believes the WBRUA has their best interest of heart for the rodeo and they have shown extreme dedication to the event. He noted the War Bonnet Round Up Rodeo will be 110 years old. Mayor Casper noted the delay of the agreement was partially due to COVID. She stated this item will be included on the November 24 Council Meeting agenda. Chaplain Services Discussion: Captain Galbreaith stated the MOU will address the community chaplains for victims of crime and provide services to families of those who experience suicides. A department chaplain would also provide spiritual guidance. Councilor Francis requested the MOU be removed from the November 24 Council Meeting agenda as he believes the recital statements need to be included; this is proposed to be voluntary and he is unsure of the funding; and additional adjustments are needed to be compliant with City ordinance. Per Mayor Casper, Councilor Francis noted the nondiscrimination clause does not include gender identity and expression; he believes it needs to be pan- denominational; and a set of recitals as how to support policy and goals of the IFPD should be included. Councilor Hally questioned other police departments. Chief Johnson stated the IFPD previously had a chaplain program. He noted the Bonneville County Sherriff’s Office uses the Law Enforcement Chaplaincy of Idaho. Mr. Fife stated some departments have an all-volunteer program, some have non-profit donations, some are organized that their union or Fraternal Order of Police (FOP) set up, and some have police officers who are trained as a chaplain within the department with outside volunteers. He also stated the departments try to make a neutral religion so not to support a particular religion or point of view. He noted those that don’t believe in a higher power need to have the same access or similar resources for assistance. Councilor Radford questioned the financial impact. Chief Johnson stated there is no charge, he believes the organization would like to fundraise as this is a privately-funded operation. He noted the IFPD had the first model implemented in the 1990’s which was volunteer-based but it did not work for the IFPD. He also noted there has not been a chaplaincy program since that time although the department has looked at several models. He believes this group is the only working chaplain in this area. Per Mayor Casper referencing the timing of the MOU, Chief Johnson believes getting it right is more important than getting it done quickly. Mayor Casper stated the goal of the MOU is to be included on the December 17 Council Meeting agenda. Certificate of Participation (COP) Financing Options Discussion: Director Alexander reviewed the COP Finance Team. She then presented the following: Ordinance Highlights:  Approval and authorization to issue COP o Appropriation not to exceed $30M o Tax-exempt obligation o True interest cost placeholder at 3.25% o 22-year term  Delegation of authority to the Mayor and Director of Municipal Services (this is for timeliness) o Sale of certificates  Approval and authorization to execute a primary lease (this will be an annual appropriation) Resolution Highlights:  Notice of intent to reimburse certain project expenditures (this allows the City to request reimbursement for the costs spent prior to the issuance of the certificates) o Code of Federal regulations City Bond Rating and Certificates Issuance Timeline:  Bond rating call occurred on November 10, 2020 3  November 23, 2020 Work Session  Bond rating received on November 20, 2020  Bond rating (the bond rating assigned, per Moody, is AA3 – Director Alexander noted it is a great honor to receive the rating as it allows the City to compete for good rates)  COP pricing – December 8, 2020  Closing – December 23, 2020 Director Alexander presented the updated bar chart. She noted the City must be locked in for at least a 10-year period. She stated, based on the 3.25% interest rate, the first payment will be $1.996M, noting there is capacity for a $2M payment in the 2020/21 base budget. Next steps:  Adopt a COP ordinance on November 24, 2020  Adopt a resolution to reimburse project expenses on November 24, 2020  Design and Construction Project Team Appropriate Procedure:  Notice of Intent to Renew o City Council to consider providing Notice to Trustee on or before August 1 of each year o Non-binding  Notice of Renewal o City Council renews by appropriating Lease Payment in its budget o Provided to Trustee no later than September 15  Payment of Rent o Lease term begins October 1 o Lease payments to be delivered to Trustee 15 days in advance of debt service (March 1 and September 1) Councilor Hally questioned if the fixed price had more impact on the interest rate. Mr. Anderson stated this particular project was not a concern for the rating agency and would not have any impact. Councilor Radford questioned the growth with the property tax adjustment. Director Alexander reiterated there is currently $2M in the base budget. Councilor Radford expressed his concern for the risk of 10 years until changes could be made, he believes this could take away the flexibility. He also believes new revenue from a bond would always be there. Councilor Hally stated the bond process would take longer and interest rates could increase, and the lack of an inadequate facility impacts the operation of the IFPD and lowers the ability of the department to function as efficiently as possible. He noted the largest Idaho Falls Redevelopment Agency would end in 2028 with additional funds available. Mayor Casper stated the bond would add additional taxes. She believes it is a kindness to use a COP as this is one (1) bill. Director Alexander reminded the Council that property taxes were not levied due to participation in the governor’s plan for the Public Safety Relief Program. She stated the money is from new growth and construction in previous years. Councilor Freeman noted his recent tax bill decreased $300+. Per Councilor Freeman, Director Alexander stated the 22-year term was discussed at the November 9 Work Session. Council President Dingman is in favor of the 22-year timeframe. She indicated this is her top priority; she does not see a benefit to delay the project; and she believes this is spending within the City’s means as taxpayers will not see this as an additional cost. Councilor Hally believes the focus was 20 years and noted the slightly reduced payment will allow flexibility. Councilor Francis questioned if the interest rate could be lower than 3.25%. Mr. Anderson stated the purpose of the rate is to set the parameters the certificate could be finalized without additional board action. If the COP were sold today it would be below 2.5% and in a 20-year term. The 3.25% is trying to define a reasonable conservative rate. Councilor Francis expressed his concern for the $1M for the dehydes allocated to the Rec Fund. Director Alexander stated the dehyde funding was a one-time project. Councilor Radford believes this is risky. He questioned the payment amount for 30 years. Mr. 4  November 23, 2020 Work Session Anderson stated a 25-year term would be $1.7M and a 30-year term would be $1.5M, although the interest rate would be higher. Councilor Radford believes the term could decrease after 10 years. Per Councilor Francis, Mr. Anderson stated the flexibility would be provided in the ordinance and the Council must direct a payment target. He indicated he would target the term with a comfortable payment. Mayor Casper stated the primary difference is the COP is slightly higher in interest. She also stated Municipal Services has worked to shorten the term to lower the interest rate which she believes is desirable, and if a guaranteed payment amount and not-to-exceed term could be identified, this would provide a great deal to the taxpayers. Mayor Casper indicated she prefers 22 years with a $2M maximum as she does not want to burden the future Council. Councilors Francis and Hally concurred. Mayor Casper stated this item will be included on the November 24 Council Meeting agenda. Connecting Us, Sustaining Progress (CUSP) Interim Report: Mayor Casper stated eight (8) CUSP committees were established in the previous year. Several committees have been working through COVID-19 using virtual platforms. Mr. Alvarez expressed his appreciation to the elected officials for their service to the community. He stated approximately 70 volunteers were organized into eight (8) subcommittees –Public and Personal Safety, Janet Allen, Chair; Economic and Business Climate, Dana Kirkham, Chair; Healthcare and Public Health, Doug Crabtree, Chair; Education, Michaelena Hix, Chair; Diversity and Inclusion, Toni Carter, Chair; Housing and Transportation, Stephanie Rose, Chair; Environment and Sustainability, Kris Millgate, Chair; and Community Enrichment, vacant Chair. Mr. Alvarez stated the CUSP was an opportunity to divide and conquer the City and identify needed improvements. He also stated CUSP is looking at the whole community as a vibrant community, not just government- addressed although CUSPs efforts have been heavily impacted by COVID-19. He noted the Community Enrichment subcommittee also had challenges. He indicated various subcommittees have finished their work. CUSP has also been impacted by the national attention on social issues, including the death of George Floyd and other law enforcement situations. Mr. Alvarez reviewed the subcommittees efforts. He stated the final report is planned for March 2021. Councilor Francis commended the volunteer efforts. He believes ‘options’ may be better paths for Council versus ‘recommendations’. Mayor Casper stated there are variable amounts of data for these reports. She believes the timing of the final report may be helpful for next years’ budget discussion. Brief discussion followed regarding the final reports of the subcommittees. Mr. Alvarez expressed his appreciation for the opportunity to serve. Mayor Casper expressed her appreciation to Mr. Alvarez. It was then moved by Councilor Francis, seconded by Councilor Hally, to move into Executive Session (at 5:40 p.m.). The Executive Session is being called pursuant to the provisions of Idaho Code Section 74-206(1)(c) to acquire an interest in real property which is not owned by a public agency. The Executive Session will be held in the City Annex Conference Room. At the conclusion of the Executive Session the Council will not reconvene into regular Work Session. Roll call as follows: Aye – Councilors Smede, Hally, Dingman, Radford, Freeman, Francis. Nay – none. Motion carried. The City Council of the City of Idaho Falls met in Executive Session, Monday, November 23, 2020 in the City Annex Conference Room in the City Annex Building located at 680 Park Avenue in Idaho Falls, Idaho at 5:46 p.m. There were present: Mayor Rebecca L. Noah Casper Council President Michelle Ziel-Dingman (via telephone) Councilor Thomas Hally Councilor Jim Francis Councilor Jim Freeman (via telephone) Councilor Shelly Smede (via telephone) Councilor John Radford (via telephone) 5  November 23, 2020 Work Session Also present: Chris Fredericksen, Public Works Director Randy Fife, City Attorney The Executive Session was called pursuant to the provisions of Idaho Code Section 74-206(1)(c) to acquire an interest in real property which is not owned by a public agency. There being no further business, the meeting adjourned at 6:10 p.m. s/ Kathy Hampton s/ Rebecca L. Noah Casper Kathy Hampton, City Clerk Rebecca L. Noah Casper, Mayor 6