City Council

November 24, 2020 City Council Meeting The City Council of the City of Idaho Falls met in Special Council Meeting, Tuesday, November 24, 2020, 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 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: All available Department Directors (in person and via WebEx) Randy Fife, City Attorney Kathy Hampton, City Clerk Pledge of Allegiance: Mayor Casper led those present in the Pledge of Allegiance. Public Comment: Public comment was temporarily suspended. Coronavirus (COVID-19) update and consideration of possible Council action including adoption of a Resolution: Mayor Casper stated there were 1,640 State-wide cases and there have been 874 State-wide deaths, including two (2) new deaths reported from Eastern Idaho Public Health (EIPH). She also stated there are 134 active cases in Bonneville County. Bonneville County and the entire health district are in the critical category. Mayor Casper reviewed the status of other counties within the State. She believes this is pointless to believe this is just about masks, group size, or distancing from others. She also believes there are loopholes which puts everyone at risk and this needs to be thought of as a community effort. Mayor Casper noted Fire Chief Duane Nelson stated a whole community effort is needed. Many individuals are in coping mode and are doing what they can. This should trigger compassion and a greater sense of responsibility for the community. Mayor Casper requested all individuals do what they can to change the trajectory. Councilor Francis believes it’s important to know and recognize that many people have caught and recovered without serious effects although this fact cannot determine how to respond as a community. He noted there are too many cases that have led to death as well. He reiterated Mayor Casper, stating the State is in a surge and a vaccine for general distribution and population is months away. He also stated this surge has stressed the hospitals, first responders, and health care providers; it is reaching a critical level for these people and their families; many businesses have made sacrifices; and there is stress in the community because of COVID-19. Councilor Francis believes this resolution is only a small step for the City lending support for EIPH and Governor Little. He also believes a multitude of small steps can lead to big strides to help reduce the level of surge, and the City represents a model to the community as dealing with the surge. He emphasized we have to know this is temporary. He suggested a set of resolutions committing the City to support EIPH and the Governor’s orders. He noted the resolution was discussed at the November 23 Work Session except for paragraph four (4). Council President Dingman read paragraph four (4): That the City of Idaho Falls will develop and execute, by December 1, 2020, a citation and prosecution procedure for organizers of public events involving attendees exceeding the number allowed to gather by the Governor of Idaho’s Rebound Idaho restrictions. She echoed Councilor Francis, she believes it’s important that government agencies step up support and enforcement of the 1  November 24, 2020 City Council Meeting boundaries of the plan. She also believes mitigation strategies can slow the spread; there must be a limit on certain activities and support of limitations of activities; and it’s important that public events will not be tolerated without consequence. Mayor Casper stated a procedure is currently in place for violations of the law. She also stated once an officer becomes aware of a violation their assignment is to report to their supervisor and then command staff to investigate and determine if a citation is warranted. She reviewed additional steps for prosecution. Mayor Casper stated experienced eyes are needed on this as the Governor’s order is vague enough in wording and exceptions that make it difficult to apply and enforce. She expressed her personal disappointment as she believes few events would meet the standards of a violation and prosecution. Councilor Radford is not comfortable with the December 1 date included in the resolution, he believes it should be sooner. He also believes the body could make local legislation clear and restricted. Mr. Fife believes the Governor’s order takes away independent authority of the City although further research would be needed to confirm. Councilor Francis questioned Stage 2 penalties. Mr. Fife believes the City could not do more beyond a misdemeanor. Mayor Casper does not want inflated expectations. She believes the balance of the resolution is very positive and makes an important statement. Councilor Radford believes the Council should stand firm so people won’t gather in large groups, and the City should have this tool in the toolbox. Council President Dingman questioned if a craft show would be difficult to cite. Mr. Fife deferred based on lack of knowledge of the facts. He stated it is clear that the order is for ten (10) or more people that cannot social distance responsibly. He also stated, per the spirit of law, there should not be groups where COVID can spread. Council President Dingman questioned if it is legally possible for the City to place a moratorium on all public events. Mr. Fife believes if an emergency was declared by the City based on facts this could be possible, however, he does not believe this could occur under the Governor’s order. Council President Dingman believes the Council needs to put something specifically in a resolution for the City to know what to and not to enforce. Mayor Casper stated the Idaho Falls Police Department (IFPD) has stated it will uphold the right of any business or group that will not observe the mask order and will use the trespass law, which has already occurred. She also stated the order under EIPH has been in place since early August but it comes with 6-7 exceptions and those exceptions do not need proven, just assertive. She noted taking officers from responding to other calls only to be told they are an exception uses time and resources. She believes the IFPD has been effective when a trespass is happening. Mayor Casper reiterated exceptions are equally difficult to enforce but the police are there for clear violations. She wants the Council to have a clear expectation of what law enforcement and legal are up against. She believes the loopholes make it difficult to deliver the level of enforcement that was thought possible. Council President Dingman stated she supports the IFPD and the mask mandate enforcement and believes it’s the best way to avoid unnecessary confrontation. She also believes the resolution has to be very specific. She expressed her appreciation to Mayor Casper but she believes if this is passed it doesn’t mean anything. She believes it is another document that supports things that haven’t changed. She has not seen any change in behavior with mandates or orders. Councilor Francis emphasized this only applies to public events, not private events in homes. He believes this is a way to make a public statement that the City is ready to enforce, to the best of its ability, the elements of Stage 2 of the Governor’s orders. Councilor Hally stated states and cities with mandates have lower involvement with COVID. He proposed including a health emergency in the City. Mr. Fife stated typically the Mayor would declare an emergency with the Council backing. Councilor Radford believes the Mayor should make that choice. He stated EIPH is overwhelmed. He does not believe individuals want to be cited, this resolution would be a deterrent, and the Council needs to take this seriously. Councilor Francis agrees not to include the emergency although he believes the Council would support the Mayor. He noted the resolution would be to back the efforts of these programs. Councilor Freeman stated he is in favor of the resolution as is. He noted the front line workers are now the final line and, the community is the front line as the first line of defense against COVID. He noted he would also support going further if needed. It was moved by Councilor Francis, seconded by Council President Dingman, to adopt the resolution as presented. Roll call as follows: Aye – Councilors Hally, Smede, Dingman, Freeman, Francis, Radford. Nay – none. Motion carried. RESOLUTION NO. 2020-29 A RESOLUTION OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, ADOPTING A POLICY RELATED TO CONSIDERATION OF SUPPORTING 2  November 24, 2020 City Council Meeting GOVERNOR LITTLE’S COVID-19 PROCLAMATION, AND PROVIDING THAT THIS RESOLUTION BE EFFECTIVE UPON ITS PASSAGE. Consent Agenda: Public Works requested approval of Bid Award - Storm Drain Improvements - 2021 Inlet Box Upgrades; and Bid Award – Water Line Replacement in 1st Street from Yellowstone Avenue to Lomax Street. Municipal Services requested approval of Quote – Purchase of Rugged Laptops (Toughbooks) for the Police Department; minutes from the November 9, 2020 City Council Work Session and Executive Session; November 12, 2020 City Council Meeting; and November 13, 2020 Strategic Planning Exercise; and, license applications all carrying the required approvals. It was moved by Councilor Smede, seconded by Councilor Dingman, to approve, accept, or receive all items on the Consent Agenda according to the recommendations presented. Roll call as follows: Aye – Councilors Hally, Francis, Radford, Dingman, Smede, Freeman. Nay – none. Motion carried. It was then moved by Councilor Francis, seconded by Councilor Hally, to remove from the Regular Agenda item 5.C.1. Memorandum of Understanding with Law Enforcement Chaplaincy of Idaho as the document needs some additional adjustments. This item will be re-presented in the near future. Roll call as follows: Aye – Councilors Francis, Dingman, Freeman, Hally, Radford, Smede. Nay – none. Motion carried. Regular Agenda: Idaho Falls Power Subject: Construction Agreement for Fiber Optic Cable Splicing Idaho Falls Fiber (IFF) has the need for a significant amount of splicing services for the FY2021. The splicing needs are intermittent throughout the fiber buildout and it is imperative that when needed it is performed in a timely manner so as not to delay the total project. For this reason, using a single contractor is not in the best interests of IFF or its customers. IFF solicited formal bids for these services with bids, IF 21-06 and IF 21-08 in anticipation that the bidding process would fulfill this business need. Unfortunately, both bids received did not provide IFF the ability to meet their needs leading to likely delays in the project and higher overall costs. Approval of these agreements will allow Idaho Falls Power/Fiber to contract for services on an as-needed basis for the best pricing and specific service. It was moved by Councilor Radford, seconded by Councilor Freeman, to approve the Construction Agreements with Bluelake Utility Services, Cooke Cabling, LLC, and Advanced Cable Technologies for fiber optic cable splicing services at a not-to-exceed total amount of $1,000,000, and give authorization for the Mayor and City Clerk to execute the necessary documents. Roll call as follows: Aye – Councilors Freeman, Radford, Smede, Francis, Dingman, Hally. Nay – none. Motion carried. Parks and Recreation Subject: Approval of Agreement between the City of Idaho Falls and the War Bonnet Round Up Association This agreement, if approved, would allow the War Bonnet Round Up Association, a local 501(C3), to work with the City of Idaho Falls to continuously improve, market, and fund the War Bonnet Round Up Rodeo, through various opportunities defined in this agreement. The association shall be responsible for all activities related to the War Bonnet Round Up Royalty Program as defined in this agreement. 3  November 24, 2020 City Council Meeting Councilor Francis stated this item was discussed at the November 23 Work Session. He also stated several concerns were raised a year ago during the original discussion, those issues have been resolved with all parties. He indicated this is a great advantage of fundraising to promote the rodeo. It was moved by Councilor Francis, seconded by Councilor Smede, to approve the agreement between the City of Idaho Falls and the War Bonnet Round Up Association, and give authorization for the Mayor and City Clerk to execute the necessary documents. Roll call as follows: Aye – Councilors Hally, Radford, Francis, Dingman, Smede, Freeman. Nay – none. Motion carried. Police Department Subject: Sole Source Purchase for Stalker Radar Message Trailers for Police Department This request facilitates the purchase of four message trailers for the Police Department. Message Trailers are needed to increase communication with the public about COVID-19. This messaging could include what Phase we are in, Mask Mandates, Governors Orders, Local Changes, etc. Idaho Falls has a large percentage of the population that doesn't utilize social media or other online resources. Message Trailers strategically placed throughout the city will assist in conveying important COVID-19 updates. Councilor Francis stated the message trailer can also be used for speed report checks and enforcement of traffic problems. It was moved by Councilor Francis, seconded by Councilor Freeman, to declare that “there is only one source of message trailers reasonably available because competitive solicitation is impractical, disadvantageous, or unreasonable under the circumstances” and authorize advertisement of the City’s intent to make a sole source procurement following a 14-day period, per Idaho Code §67-2808, and authorize the City to then issue a purchase order to Stalker Radar for a total of $70,646.00. Roll call as follows: Aye – Councilors Freeman, Francis, Hally, Radford, Smede, Dingman. Nay – none. Motion carried. Municipal Services Subject: Approving and Authorizing the Issuance of Certificates of Participation (COP) for a new Community Law Enforcement Facility Due to City growth and the recommendation from the 2018-19 Police Department Facilities Citizen Evaluation Committee, the City of Idaho Falls desires to build a new Community Law Enforcement facility. Councilor Smede shared a personal experience of the IFPD station tour when she was running for Council in October 2017. She stated after her experience she was determined to not let the building issue go. She is confident in the move and believes the City has been frugal in budgeting, especially where the levy was not raised, to secure a down payment. She is very happy to see this coming to fruition. Councilor Freeman stated it’s his honor to be in a position to help move this station forward. He also stated the IFPD headquarters has been a personal priority from day one. He noted this would not be possible if the City were not conservatively run in previous years by previous elected officials. Councilor Freeman believes the consideration has been careful and in-depth and he commended the finance team. He supports the COP with little reservation. Councilor Hally stated approximately 15 years ago money was set apart to begin a new (police) building but the money was spent in subsequent years. He also stated the Police have an important function and it is paramount to have a decent, up-to-date facility. He noted the COP was decided versus adding a bond. He is proud to support this. Councilor Francis stated this facility will put all departments under one (1) roof, not eight (8) roofs; the location choice is very deliberate to the City center; the COP has the lowest interest rate the City may see; and it would not do the taxpayers a service to wait. He emphatically supports the resolution and the ordinance. Councilor Radford read an excerpt from the Idaho State Constitution regarding municipal indebtedness. He believes the IFPD absolutely deserves a station but he also believes this is taking a huge risk with the General Fund money. He believes the City will not be able to hire fire or 4  November 24, 2020 City Council Meeting police officers in the future. He noted there is also a pending lawsuit against the IFPD and he is unsure where this money will come from. He fears the Council is not doing their job when the Council doesn’t govern the consent of the government. Council President Dingman stated there are two (2) parts to this item, need and finance. She believes the community deserves the building to improve public safety and the law enforcement officers deserve it to properly do their jobs. She noted the Council has shown the City can live within its means. She strongly believes this is a sustainable plan. Council President Dingman does not believe there is a legal risk to move forward. She stated while seeking an underwriter the Council learned cities and counties and governmental agencies across the country are doing this. She also stated the City can utilize the annual budgetary process to build and purchase the building within the City’s means and it will not be another line item on property taxes. Mayor Casper stated the project estimates the rate of inflation for construction in the 8-10% range. She noted a bond would result in an increased overall price which could be significant. She stated a combined low interest rate and the ability to begin execution of design and construction plans saves interest which she believes is part of the Council’s fiduciary responsibility. She views this as a great service to the taxpayers because it is starting immediately and with the lowest rates possible. Mayor Casper believes the fact that the City can already pay for this with the budget and without raising taxes is remarkable and is a testament of the Council’s ability to prioritize. She reiterated this is not a 22-year obligation, it is a one-year obligation for 22 years. She compared it to renting, stating the City will own the building in 22 years. She noted the City currently rents property and it is not put up to vote and, this is a straightforward methodology. Mayor Casper noted, as part of the group looking at a new building, the City went into a recession and the building was postponed but the City can now take a step forward. She commended the finance team and the Council’s planning and direction to do this without an additional tax burden. She stated the traditional route cited by Councilor Radford places an additional financial burden on the taxpayers above and beyond their regular tax bill. She believes this is a good option. It was moved by Councilor Smede, seconded by Councilor Dingman, to approve the Ordinance and authorize the issuance of series 2020 Certificates of Participation not to exceed $30M pursuant to Idaho Code, Section 50-301 and approve and authorize the delegation to certain officers, pursuant to Idaho Code, Section 57-235 for determination and approval of certain final terms and provisions of the Certificates on the date of sale, under a suspension of the rules requiring three complete and separate readings and request that it be read by title and published by summary. Roll call as follows: Aye – Councilors Dingman, Francis, Smede, Hally, Freeman. Nay – Councilor Radford. Motion carried. At the request of Mayor Casper, the City Clerk read the ordinance by title only: ORDINANCE NO. 3355 AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO APPROVING AND AUTHORIZING THE ISSUANCE AND PROVIDING FOR THE NEGOTIATED SALE OF THE PRINCIPAL AMOUNT OF UP TO $30,000,000 ANNUAL APPROPRIATION CERTIFICATES OF PARTICIPATION, SERIES 2020; DELEGATING AUTHORITY TO CERTAIN OFFICERS FOR THE SALE THEREOF; APPROVING AND AUTHORIZING THE EXECUTION OF A PRIMARY LEASE, AN ANNUAL APPROPRIATION LEASE AGREEMENT AND AN ANNUAL APPROPRIATION TRUST INDENTURE, TOGETHER WITH OTHER RELATED DOCUMENTS; RATIFYING ACTIONS HERETOFORE TAKEN; AND PROVIDING FOR RELATED MATTERS. Subject: Intent to Reimburse Certain Reimbursable Expenditures for the Community Law Enforcement Facility To finance the Community Law Enforcement Facility the City intends to issue a tax-exempt obligation in the form of a lease agreement, subject to annual appropriation, or similar obligation, including the issuance and sale of certificates of participation. The City has incurred expenditures and expects to incur further expenditures related to the facility prior to entering into the proposed obligation and the City intends to reimburse itself or be reimbursed for the expenditures with the proceeds of the certificates of participation. 5  November 24, 2020 City Council Meeting It was moved by Councilor Smede, seconded by Councilor Dingman, to approve the Resolution and authorize the City’s official intent to reimburse certain expenditures relating to the Community Law Enforcement Facility pursuant to Section 1.150-2 Code of Federal Regulations, and give authorization for the Mayor and City Clerk to execute the necessary documents. Roll call as follows: Aye – Councilors Freeman, Smede, Francis, Dingman, Hally. Nay – Councilor Radford. Motion carried. RESOLUTION NO. 2020-30 A RESOLUTION OF THE CITY OF IDAHO FALLS, IDAHO, DECLARING ITS OFFICIAL INTENT TO REIMBURSE CERTAIN REIMBURSABLE EXPENDITURES RELATING TO CERTAIN PROJECTS FROM TAX EXEMPT OBLIGATIONS AND PROVIDING AN EFFECTIVE DATE. Announcements: Mayor Casper announced the Salvation Army is offering drive-by meals for Thanksgiving; the tree lighting on November 27 will be virtually via Facebook; and November 28 is Shop Small Saturday. She reminded all individuals to be safe when gathering for Thanksgiving. She expressed her personal gratitude to the Council. Police Chief Bryce Johnson also expressed his appreciation. He stated officers love this City and recognize the complex is a very big deal and the City has the IFPD’s commitment to be the best department they can be. He also stated it is the departments’ desire to fulfill the social contract in the same manner that the City has chosen to show the IFPD. He reiterated, on behalf of the department, the IFPD is truly grateful. Adjournment: There being no further business, the meeting adjourned at 9:00 p.m. s/ Kathy Hampton s/ Rebecca L. Noah Casper Kathy Hampton, City Clerk Rebecca L. Noah Casper, Mayor 6