City Council
Regular MeetingIdaho Falls, ID · September 20, 2021
Minutes
September 20, 2021 Work Session
The City Council of the City of Idaho Falls met in Council Work Session, Monday, September 20, 2021, 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 telephone/WebEx)
Councilor Thomas Hally
Councilor Jim Freeman
Councilor Jim Francis
Councilor Lisa Burtenshaw
Absent:
Councilor John Radford
Also present:
Pamela Alexander, Municipal Services Director
Eric Day, Division Fire Chief
Jon Perry, Deputy Fire Chief
Bill Squires, Police Captain
Michael Kirkham, Assistant City Attorney
Randy Fife, City Attorney
Kathy Hampton, City Clerk
Acceptance and/or Receipt of Minutes:
It was moved by Councilor Francis, seconded by Councilor Freeman, that Council receive the recommendations
from the Planning and Zoning Commission meeting of September 7, 2021 pursuant to the Local Land Use Planning
Act (LLUPA). Roll call as follows: Aye – Councilors Burtenshaw, Hally, Dingman, Freeman, Francis. Nay – none.
Motion carried.
Liaison Reports and Councilmember Concerns:
Council President Dingman had no items to report.
Councilor Hally noted, following a recent trip, all individuals in Hawaii must be masked and show proof of
vaccination if dining indoors. He also noted one (1) in every five (5) cases of Coronavirus (COVID-19) is children.
Councilor Burtenshaw had no items to report.
Councilor Freeman had no items to report.
Councilor Francis stated the zoo will be open on weekends beginning in October until the snow flies, the irrigation
system has been completed on the front nine (9) holes of Pinecrest Golf Course, the back nine (9) holes will begin
soon, and the splash pad is open with a grand opening expected for spring 2022. Councilor Burtenshaw added heavy
equipment has been working at Heritage Park. Councilor Francis also stated discussion is occurring with Captain
Squires and Mr. Fife regarding business licensing for consistency. He believes this will assist with enforcement.
Councilor Freeman noted the daycare ordinance will be used as a template.
Calendars, Announcements, Reports, and Updates:
September 23, Idaho Falls Power Board Meeting and City Council Meeting
October 2, Policeman’s Ball
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September 20, 2021 Work Session
October 11, Columbus Day, city offices closed
October 12, City Council Work Session
October 14, City Council Meeting
October 25, City Council Work Session
October 28, Idaho Falls Power Board Meeting and City Council Meeting
October 29, Monster’s Ball
November 8, City Council Work Session
November 10, City Council Meeting
November 15, Association of Idaho Cities (AIC) Fall Academy
November 22, City Council Work Session
November 23, City Council Meeting
November 24-25, Thanksgiving
Mayor Casper stated due to recent events discussion is occurring regarding increasing employee workplace safety.
She noted there are approximately 50 locations of city employees.
COVID-19 – Mayor Casper stated the State has gone into Crisis Standards of Care which will require an assessment
of individuals’ condition to determine the level of care for hospitalization. She briefly reviewed the number of
patients in the surrounding hospitals. Per Councilor Hally, Division Chief Day stated overflow rooms at Eastern Idaho
Regional Medical Center (EIRMC) have been converted to assist with Intensive Care Unit (ICU) patients. Mayor
Casper believes unvaccinated individuals are mostly affected by COVID.
Discussion: Connecting Us, Sustaining Progress:
Mayor Casper stated the CUSP effort was brought about as a desire to try and identify items as a community that
could attract employees. She noted workforce is currently a huge concern. She also noted the CUSP report included
recommendations as well as a report from each committee. Mayor Casper stated Juan Alvarez, the CUSP committee
chair and Idaho National Laboratory (INL) Deputy Laboratory Director, will begin meetings later in the year to roll
out the report in the community. She believes the city should also focus on this effort. Mayor Casper stated she has
created a CUSP Committee Report with a councilor assigned to each report. She proposed each councilor become
an expert on these report(s) for presentation in the near future. Councilor Freeman suggested those
councilmembers that are not currently up for re-election present first. Brief discussion followed regarding CUSP and
a Strategic Plan.
Briefing: Acceptance of Opioid Settlement:
Mr. Fife stated the opioid settlement was a collaboration of a series of class action lawsuits. The solicitation was
based upon losses that were expected in political jurisdictions. Mr. Fife stated at that time the city declined to join
the litigation as the city does not have a county hospital and it was difficult to determine how the city could prove
losses, although cities are impacted by the use of available prescription drugs. He also stated, in the meantime,
other entities joined in the litigation as an effort to settle with the larger manufacturers. He indicated a settlement
has been offered to the State of Idaho if the State decides to settle a case. He noted settling the case would prevent
further activity of litigation. Mr. Fife stated the Attorney General’s Office has assigned a percentage amount to
various entities within the State if they chose to opt into the settlement. He noted if certain parties believe they
have a better chance of a better amount they could opt out. He believes it would be difficult for the city to quantify
the amount. Therefore, the city would need to decide if the city agrees to the amount and how the money would
be spent. Mr. Fife stated the monies would be applied to General Fund and the council would need to decide where
the money could be spent, including specific activities related to opioid abuse. Mayor Casper stated, per a letter
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September 20, 2021 Work Session
received, the Attorney General is asking the city to join in participation. Director Alexander stated the amount would
be $699,000, and the deadline is January 2, 2022. Mayor Casper realizes going alone may not be a viable option as
the city would need to justify its settlement and there is a risk to not get anything. Per Councilor Freeman, Director
Alexander stated she is unsure of the amount over the specific timeframe. Also per Councilor Freeman, Captain
Squires stated in addition to Narcan (being included in the budget) additional costs for the Idaho Falls Police
Department (IFPD) include the amount of labor for investigations, including deaths, and training. Per Mayor Casper,
Division Chief Day stated the Idaho Falls Fire Department (IFFD) responds to approximately 100 calls per year where
Narcan is administered. He also stated it costs approximately $77,000-90,000 per year for the IFFD to respond to
overdose calls. He believes the IFFD could justify pursuing the money to recoup the costs for EMS response, not
including other training or community factors. Councilor Burtenshaw expressed her concern that future litigation
could not occur if the city participates in the settlement. Per Council President Dingman, Mr. Fife stated there are
risks on both sides. He recommended not to individually litigate as there is not a strong link to drug use and the
drug being provided by a licensed medical practitioner. He believes this could be difficult and is complicated, he
believes getting something is better than getting nothing as any indirect costs couldn’t be made up. He also believes
it would be unlikely that the city would be successful in its own litigation. Per Mayor Casper, Mr. Fife believes there
are other cases that have not reached litigation at this time. Councilor Francis believes the city should take the
money. He questioned if the IFPD and/or IFFD could be proactive with this money similar to the Drug Abuse
Resistance Education (DARE) program. Captain Squires stated the IFPD has recently entered a first-time drug user
offender treatment program and funding could be limited. He believes the settlement could assist with that funding.
Councilor Hally believes the settlement could be better than individual litigation. He also believes allocation of the
settlement should be discussed, it should not just be put in the General Fund. Per Mayor Casper, Mr. Kirkham stated
he would give the same advice as Mr. Fife. Per Mayor Casper, Division Chief Day stated there would be no shortage
of programs to use the money. Also per Mayor Casper, Captain Squires believes opioid use has increased although
he does not believe the IFPD has plateaued. General comments followed regarding Narcan. Mayor Casper stated
this item will be included on a future City Council Meeting agenda.
Update: Proposed Federal Emergency Temporary Standard under the Occupational Safety and Health Act (OSHA):
Mr. Kirkham stated on September 9 President Biden announced that employers with more than 100 federal
employees develop a vaccine mandate program. He also stated the executive order directed OSHA to come up with
a vaccination plan that employers would have to follow. He indicated the city must follow workplace safety rules
set by the Idaho State Department of Industrial Commission, therefore, he believes the OSHA rules will not apply
to the city, however, the notice has not yet been published. He also believes the order may apply to the larger
employers in the city. Mr. Kirkham stated the executive order also refers to a task force that would implement the
rules, noting this too has not yet been published. He indicated he is unsure if this order would apply to the city. He
believes the city would not fall under the definition of federal contract employees. He indicated he would determine
what rules would be imposed on employers once the order is published. Per Councilor Freeman, Mr. Kirkham stated
the State Occupational Safety Provision rules are separate from OSHA. Councilor Francis believes discussion needs
to occur regarding city employees versus other businesses that employ 100 employees. Mayor Casper noted data
for employee vaccinations is not currently available. Mr. Kirkham stated there is no regulation to track the data at
this time. Mr. Fife cautioned against specific employee health data. Councilor Burtenshaw stated she has no
appetite for a city mandate although she expressed her appreciation for any update. Mayor Casper clarified the
rules have not been published at this point, the city is just preparing for any future federal actions.
Councilor Burtenshaw requested to move the license appeal hearing to the next item on the agenda to
accommodate the individual who is present.
License Appeal Hearing:
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September 20, 2021 Work Session
Mayor Casper opened the hearing and ordered all items presented be included in the record. Captain Squires stated
Ms. Smith applied for a Child Care Worker Certification (CCWC), however, Ms. Smith has a petit theft larceny
conviction from December, 2016 on her background investigation. He noted this conviction is included in the lowest
level of prohibitions in City Code which identifies a 5-year prohibition from the charge date. He also noted Ms. Smith
would be eligible for the CCWC on December 14, 2021. Discussion followed regarding the charge date and the
conviction date. Captain Squires believes the charge date would be in Ms. Smith’s favor. Mr. Fife believes this date
would apply to the finding of the guilt date. Captain Squires clarified that date would then be February 5, 2022. Ms.
Smith stated this incident occurred in Oklahoma with some friends. She believes she was ‘guilty by association’ as
she indicated her particular friend was being watched by law enforcement. Ms. Smith stated she performed
community service, paid the fine, has since moved back to Idaho, and has not been in trouble in Idaho. She also
stated she applied for the CCWC as she is trying to further her education. Per Councilor Freeman, Ms. Smith stated
community service was court ordered, and she believes she paid her debt. She reiterated she no longer associates
with those individuals. She indicated she has since become more involved with her religion. Per Councilor
Burtenshaw, Ms. Smith confirmed this charge did not occur in her youth. Per Councilor Hally, Captain Squires stated
the City Statute would apply regardless if the charges were considered withheld judgement. Ms. Smith believes the
charges were to be expunged following the community service. Captain Squires read the City Code pertaining to
the denial. Per Councilor Francis, Mr. Fife reiterated the applicant would need to re-apply for the license in February.
Per Mayor Casper, Ms. Smith explained her reasoning for schooling and child development. Also per Mayor Casper,
Ms. Smith believes the occurrence was a lesson learned for her standards and maturity. Per Councilor Burtenshaw,
Captain Squires stated a license would be valid for five (5) years. Mayor Casper closed the hearing. Councilor
Freeman believes Ms. Smith has paid her debt to society, he sees no reason to delay the license. Councilor Francis
believes a lot of work occurred to adjust the ordinance. He believes the law should be enforced, even though that
can be really hard. Councilor Burtenshaw agreed the license should have been denied, however, she agrees with
the appeal process. Councilor Hally stated he appreciates the appeal process to look at circumstances, he believes
the community service was important, he believes the religion is immaterial, and the charges are close to the
deadline. Mr. Fife stated the appeal process does not mean the council can waive the requirements of any license
that is established. He also stated the reason of the license procedure and requirements is to signal to the public
and the applicant what the regulations are. He does not believe the ordinance allows a provision to waive the
conditions that prohibit licensure or allows the waiver of the time period of a confirmed disqualifying event. He
clarified the appeal procedure does not grant that waiver, the appeal procedure gives the council the opportunity
to be made aware of any mistakes made in the process. He also stated the public has the expectation of the rules.
Council President Dingman concurred with legal counsel. She believes the council wants to have the opportunity to
approve an appeal and have the legal clarity to advise staff to approve a license. She does not see how the council
can approve an appeal if staff applied the ordinance appropriately. Councilor Francis believes the application was
completed correctly. Mr. Fife agreed. He stated the application was not the disqualification, the disqualification is
stated in City Code. Discussion followed regarding applicants’ knowing what is included in City Code, the application,
City Code being more restrictive than the State, the fee for a background check, changing the ordinance, and
timeframe for crimes. It was moved by Councilor Burtenshaw, seconded by Councilor Hally, to deny the appeal and
refund all the fees that have been paid. Further discussion followed regarding the charged fees. It was then moved
by Councilor Burtenshaw, seconded by Councilor Hally, to amend the motion to deny the license and refund the
applicant $70. Roll call as follows: Aye – Councilors Burtenshaw, Francis, Dingman, Hally. Nay – Councilor Freeman.
Motion carried.
Discussion: City Property:
Director Alexander stated there are a variety of city facilities involving long-term agreements. She reviewed the
property at 600 S. Boulevard as follows:
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September 20, 2021 Work Session
• The city purchased the land and building in 1963 for $22,000
• The city purchased the parking lot in 1974 for $7,000
• An appraisal occurred on September 10
• 1982/1983 - leased to AA organization (Serenity Hall)
• December 2006 agreement, 30-day notice for termination
• $250.00 per month lease
• The city is responsible for utilities, general property maintenance, repairs to building, equipment, and
parking lot
• Since acquired, approximately $92,000 in repairs and upgrades have occurred, including The Americans
with Disabilities Act of 1990 (ADA) compliance upgrades for $53,000 in 2013
• Ongoing maintenance budget inside the building upon request from tenant
• Ongoing maintenance budget outside the building (mow lawn, trim trees, inspect roof)
Director Alexander reviewed upgrades that have occurred to the facility. She indicated there is interest for a
sublease agreement between the Senior Center and Serenity Hall for use of the Senior Center, which is also a city-
owned building. She believes this is an elegant solution. She stated the lease terms for the Senior Center is $275.00
per month for three (3) years with options to renew. She also stated the Senior Center agreement was signed in
1980 and expires in 2029. She reviewed the Senior Center costs, city responsibilities, and space available at the
facility. Director Alexander noted these two (2) facilities are not used for city business. She also noted costs to
renovate and/or update 600 S. Boulevard exceeds the available financial resources to maintain the building long-
term. She stated the city could auction the property and deposit the proceeds to the city’s building maintenance
budget. Discussion followed regarding the monthly costs of both facilities, the utilities, and the city’s responsibilities.
Mayor Casper noted this sublease would provide some income for the Senior Center. She agreed the sublease is an
elegant solution. Director Alexander stated the sublease would be presented to Council in the future for approval.
Discussion: Disposition of Health Insurance Savings:
Mayor Casper reminded the council that previous discussion occurred regarding the savings from moving from Blue
Cross to Pacific Source for health benefits. Director Alexander reviewed the following summary from the August 23,
2021 Budget Discussion:
• Total estimated health insurance savings with Pacific Source
o $782,000 (year one)
o $16,000 (year two)
▪ Capped at 7.9% increase
• Savings calculation is based on employee insurance mixture
• Provide one-time disbursement to employees
• Create employee Health Insurance Stabilization Fund
o Use to offset costs of insurance increases AFTER year 2
o Use to offset increased costs on other employee benefits
o Use to establish a fund to maintain the HSA wellness benefit
o Use to achieve the city/employee ratio of 85/15 (or other %)
Mr. Hagedorn reviewed one-time pre-tax disbursement as follows:
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September 20, 2021 Work Session
He stated the savings are not unilaterally all General Fund, each fund stays within the designated fund. A cash
transfer would be required if the council chooses to use these savings in a different fund. Per Councilor Burtenshaw,
Mr. Hagedorn stated this disbursement would include all benefit-eligible employees, and this does not include
union employees. Per Councilor Freeman, Director Tew stated if the city moves to self-insured the medical inflation
will continue to occur, and this money may be needed for self-insurance. Discussion followed regarding self-
insurance. Mr. Hagedorn stated self-insurance is a program, similar to Workman’s Compensation, it is not a savings
tool and the only way to save money is to administer the program. Director Tew stated approximately $5M has
been set aside for potential cost increases for self-insurance. Mr. Hagedorn stated moving to self-insured should
not occur if the claims are outpacing the insurance. He also stated any savings now will defray in year three.
Councilor Burtenshaw expressed her concern for defraying costs as these costs will eventually catch up. She prefers
some savings for self-insured. Councilor Freeman prefers employees receive some money back.
Mr. Hagedorn reviewed ongoing wage percentage increase as follows:
He stated the ongoing increase would offset some costs for the employees. Mayor Casper believes wages are
increasing in all industries, there may be retention issues if the wages are not keeping pace, and an ongoing increase
may put the city in a better workforce position going forward. Councilor Freeman believes employees would prefer
the ongoing increase option for the long-term effects. Per Councilor Burtenshaw, Directors Alexander and Tew
stated a market study is scheduled for next year. Brief discussion followed regarding a market study. Also per
Councilor Burtenshaw, Director Alexander stated funding from one-time projects could be allocated to the ongoing
increase for the second year. She also stated discussion would need to occur each year to offset ongoing costs with
ongoing money. Mayor Casper noted there could also be savings by delaying any one-time or ongoing increase until
January 1. Per Councilor Burtenshaw, Mr. Hagedorn and Director Tew stated a one-time increase as well as an
ongoing increase is possible although those employees who received a higher percentage increase was mainly due
to longevity. Per Councilor Freeman, Mr. Hagedorn reiterated the one-time or ongoing increase does not include
union employees. He clarified this is not an insurance repayment, this is an insurance savings being allocated toward
wages. Councilors Freeman and Francis prefer a 1.5% ongoing wage increase. Councilor Burtenshaw prefers a one-
time disbursement before year end as she believes the one-time funding would assist with future projects. Mayor
Casper noted the ongoing wage increase would assist with the market study. Director Alexander noted funds are
not currently set aside for any market study increase. Director Tew believes employees would prefer an ongoing
wage increase. Additional discussion followed including current council approval for an ongoing increase with
effective date in January.
There being no further business, the meeting adjourned at 6:37 p.m.
s/ Kathy Hampton s/ Rebecca L. Noah Casper
Kathy Hampton, City Clerk Rebecca L. Noah Casper, Mayor
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Agenda
City Council
Rebecca Casper
September 2021
Proclamations for September 2021
Please find attached copies of official proclamations prepared and released by the Mayor’s Office.
• Direct Support Professionals Recognition Week
• Constitution Week, Constitution Day and Citizenship Day
Honorable Mayor and Council
Brad Cramer, Community Development Services Director
September 9, 2021
September 7, 2021, Planning Commission Action
Planning Commission took the following action during the September 7, 2021, meeting.
1. PLAT21-026: FINAL PLAT. Final Plat for Sand Creek Estates Division No. 3.
Generally located north of E 73rd S, east of S 15th E, south of E 49th S, west of Dune
Village Way. On September 7, 2021, the Planning and Zoning Commission voted to
recommend approval of the final plat to the Mayor and City Council as presented.
2. PLAT20-046: FINAL PLAT. Final plat for East River Estates Division No. 1. Generally
located north of W 33rd N, east of N 5th W, south of Pevero Dr., west of N 5th E. On
September 7, 2021, the Planning and Zoning Commission unanimously voted to recommend
approval of the final plat to the Mayor and City Council as presented.
3. ANNX21-012: ANNEXATION/INITIAL ZONING. Annexation and Initial Zoning of
HC and LC for 37.85 acres in Section 27, Township 2 North, Range 37 East. Generally
located north of W 33rd S, east of S 35th W, south of the Porter Canal, west of Outlet Blvd.
On September 7, 2021, the Planning and Zoning Commission unanimously voted to
recommend approval of the annexation and initial zoning of HC and LC with the Airport
Overlay to the Mayor and City Council as presented.
RECOMMENDED COUNCIL ACTION: To receive recommendation(s) from the Planning and Zoning
Commission pursuant to the Local Land Use Planning Act (LLUPA).
Idaho Falls Downtown Development Corp. July 13, 2021 board meeting was held at the Jacob Grant
conference room – 490 Park Ave at 8:30am
Attendance: Jake Durtschi, Tasha Taylor, Shanon Taylor, Steve Fischbach, Antonio Meza, Kevin
Josephson, Chip Langerak, Shane Dial, Greg Crockett, Councilman Jim Francis, and Anas Almassrahy.
Staff: Catherine Smith, Gibby Smede and Mala Lyon
Minutes for June 8, 2021 were reviewed - Shanon motioned to accept the minutes. Tasha seconded and
board approved
Financial Report – Catherine: Idaho Escape Rooms ($100) and a person with a parking permit ($10) have
paid in advance so it shows as a negative. We have applied for the forgiveness of the PPP loan. Notices
for delinquent parking citations has gone out – about 500 notification letters – and so we have seen an
increase in payments. We had about 80 letters returned with bad addresses, or they had moved.
People are paying old citations with the late fees. This is a one time increase in money coming in. Greg
asked if the lots are full with waiting lists still? Yes. We are having to pay a fee per letter and found
address for the notification letters. We did participate in the 4th of July Parade and had some expenses
for banners, feather flags and the parade fee to the Chamber. Greg motioned to accept the financial
report. Shanon seconded and board approved.
Catherine – The scooters are downtown. We originally thought they would stop at Capital, but they are
allowed to go anywhere. Catherine tried one out and explained the process to use one. She rode for 8
minutes, and it cost $4.62. The sidewalks at each intersection are marked that they are to dismount.
Greg asked if the number of scooter vendors was limited by the city? Boise has e-bikes, scooters, and
Segway’s that you can rent. Councilman Francis said there is not a limit. Greg said not everyone loves
them and Boise has had some bad accidents and one fatality. Catherine said they do not feel safe to
ride on the sidewalk. Tasha said it is wild sometimes on the greenbelt paths to have a small family and
dogs on leashes and the scooter come zipping by at 15 mph. Steve asked if the greenbelt paths were
considered sidewalks? No, it’s open space. Councilman Francis asked if we felt there needs to be some
adjustments? Catherine said we are not seeing real problem yet. Gibby said a plus is people can park
and then ride a scooter, so we have fewer moving cars downtown.
Vandalism has been increasing. We had several flowerpots that had the flowers stolen or damaged and
graffiti. Jim Pletscher has been cleaning the graffiti where he finds it in hopes to discourage them by
quickly removing it. There are some dumpsters in the east/west alley behind the Roger’s building that
we are looking at the idea of painting with art. We will have to work with the city sanitation so that
these dumpsters we have artists paint stay in that alley. Tony expressed concern that when someone
sees painting on a space like a dumpster, they see it as an ‘invitation’ to do more and it can create a
bigger problem. Gibby said that they have been noticing that when there is art like a mural others tend
to leave it alone, plus the goal to quickly cover any tagging or undesirable “art” will be the plan.
Collections of unpaid citations – We have several people that have multiple citations and the notification
letters have been returned. We are looking at the next step of turning them over to a collection agency.
Each person will get 2 notification letters letting them know they have an unpaid citation. After that we
need to have the next step in place. Jake said that collection rate of people we will get money from is
only about 3-4%. Greg said the charge is about 50% that a collection agency will charge. We can add
that fee onto whatever is owed currently. Chip said we need to have this so there is some teeth behind
our enforcement. Kevin agreed that if we do nothing to collect that will be a bigger problem in the
future. Catherine agreed to do some research on local collection agencies and costs involved.
Parking meeting with IPS to gather info about parking meters on-street and what the options might be –
Jake said we need to do the best practices for our parking – the next step will be a parking committee
meeting. If we do not have the support of the city council and the businesses, we need to stop looking
into this. One council member has said they will never support meters. Councilman Francis feels there
is a lack of understanding on how the modern meters work with card payments and apps. The council
will have problems being in favor if the businesses are split on their support. Greg asked if anyone here
is against meters? Chip and Antonio said they were maybes. If the meters have a 20 or 30 minute free
window they would be more behind it. Every person that parks will have to go to the meter either to
just register they have parked and plan to be only 20 minutes or to pay to park. Had a meeting with
Centre Theatre and it was suggested that a card that would be displayed in their vehicle giving them
permission to park longer than the two-hour limit while in a movie. If we did this it would give us data
as to how many people are parking on the street in the two-hour zones and going to the movies and
would have gotten a ticket. These would be dated so they could not be re-used. Kent Lott, owner of the
Center Theater claimed there are bad reviews on FaceBook complaining about the parking, but we could
not find them. Kent Lott, owner of the Centre Theatre wants the meters installed now and Richard
Napier at Idaho Mountain Trading in not in favor of them. Kevin said gathering the data of how many
people would use the movie display cards would be important info to have so we know if it just a small
minority that are loudly complaining. Jake said we need to determine if this is important enough to
make it a priority for the DDC to do all the leg work of talking to each business and explaining how it
could work if we moved forward. Greg said this is a long-term goal, but where are we at on the block
face ordinance? The City Council will meet on the 29th about that. It will state that after 2 hours you will
have to move your vehicle 500 feet (1 ½ blocks) before you are allowed to re-park. Is there an option to
just put meters on Park and B Street? Park City in Utah has some metered streets and some two-hour
free streets. Catherine will confirm the time and place of the parking committee meeting.
Catherine presented the annual report to the city about the BID and will email this out to the board.
Taste of Downtown was canceled due to only 2 restaurants saying they could participate. We are talking
to Idaho Falls Magazine to see if they want to take on this event in connection with their Dining Awards,
they do each year. The Merchant Association is doing a Downtown Block Party on July 24th. This is being
spearheaded by Marilynne (MarCellars), Hannah (Handmade Idaho), Bill (Pickle Deli) and Sheba
(Cardamom). B Street will be closed with vendors in the street. Oktoberfest will be Sept 25th and
Fallbrew will be Nov. 6th. The new person at the city is Renee and is being much stricter on what is and
is not allowed city wide. Hoping to follow Boise in their guidelines. Had a problem at Alive After 5
where a woman passed out and the ambulance had to come down Park, go around to Shoup then back
up B Street because B Street was totally blocked out. This is a problem and having an open access for
emergency vehicles will be required.
From Lisa – grants for Pie Hole Pizza, Spruce home and Page Insurance are in the works. IFDDC finished
their solar light project in the parking lots. Idaho Mountain Trading got a new sign. We have applied for
$65,000 for the next set of grants.
Dana – we are halfway thru the planning of the master plan for the BCTC – hoping to have that open in
2022. The rodeo is happening the first weekend in Aug.
Meeting was adjourned at 9:40am
Our next board meeting is scheduled to be held August 3, 2021.
Respectfully submitted by Jill Hansen, Secretary and Mala Lyon
Idaho Falls Downtown Development Corp. August 3, 2021 board meeting was held at the Jacob Grant
conference room – 490 Park Ave at 8:30am
Attendance: Lisa Farris, Brandi Newton, Jill Hansen, Emily Fitzpatrick, Antonio Meza, Chip Langerak,
Shane Dial, and Anas Almassrahy.
Staff: Catherine Smith, Juan Hernandez and Mala Lyon
Minutes for July 13, 2021 were reviewed – but we did not have a full quorum to approve, so we will do
that in September
Financial Report – Brandi – we are in a very stable position and can possibly look at pushing some funds
to the Historic Foundation as we come to the end of our fiscal year. We budgeted for the Taste of
Downtown event, but it was canceled. Parking is making money but that may not always be the case. It
is common to over sell a parking lot by 25% - we do about a 12 1/2% over sell, but we should not budget
that in as we may have to change that policy. It is hard to budget correctly for snow removal and credit
card fees as they are unknowns. Catherine said we had 2,000 people use the parking pay stations
(meters) last month that either paid with their card or coins. The PPP loan was forgiven, so we will not
have to pay back any of the $47,000, which is about the amount we would have made in income at our
events. We did not have to dip into our reserves to keep going and we are very grateful to the Bank of
Idaho for all their help. We did not have a full quorum to approve, so we will do that in September.
Catherine said we have discussed in the past a ‘Welcome’ arch to go over Broadway. It would be nice to
have two arches – one by the Memorial bridge and the other by the Yellowstone Highway. Last May we
contacted Sign Pro and they gave us a bid to do the engineering feasibility report at $2,900. Have
discussed with Lisa the possibility of façade grant money and we can maybe get $1,500 and the IFDDC
would pay the other $1,400. This design it just an option. Jill suggested that the starting point is to talk to
ITD before agreeing to spend any money on a report. Catherine said she would start a conversation with
ITD and Chris Fredrickson at the city, then we will return to this report.
July 24th the merchants held a Block Party that was spearheaded by Marilynne from MarCellar’s, Sheba
from Cardamom, Bill from the pickle Deli and Hannah from Homemade Idaho. We supported their event
with $100 in Facebook advertising, the city application to close B Street and other advertising. The goal
was to have 20 - 30 antique dealers on B Street, but they were only able to get two to come, so they just
put them inside the Civitan Plaza and didn’t close the street. We have received feedback from the
merchants that they saw an increase of activity and sales by 30 – 35%. Customers that came were
looking for the Taste of Downtown as a full-page ad had been in the I.F. Magazine that went to print
before the decision to cancel was made. We had some push back from the Samoa Club group that were
upset because we used their name of “Block Party” which was their event last summer. They didn’t want
to call it Summerfest as that made it sound like our brew fests. Chip said they had a number of people
asking where the Tastes were. Catherine said we need to figure out how to make this event work as it is
obvious that the public wants it, but it is hard for the restaurants who are understaffed and may not have
the equipment to do an outdoor serving event. In the past we have done a 75-25% split with the
restaurants. The tickets were sold for $1 each, then the restaurants counted the tickets and we gave
them back .75 for each ticket and the .25 was used to defray our costs. It is an expensive event when
you must rent tables and other items and do advertising. Some of the restaurants sold items directly
rather than using the tickets so we lost money. Chip said they do not look at it as a time to make money
but as an exposure event to get people to know about them. It is a good weekend to hold that event with
the Farmers Market and the Art Show going on already. People that came downtown liked it but were
expecting more as only a few businesses set out sidewalk sales. The IFDDC always budgets and plans
for a loss for the event to fund it. We need to have some more conversations with the restaurants to see
how we can make it work.
Events coming up are the Oktoberfest on Sept 25th and Fallbrew on Nov. 6th.
Parking fees – in 2002 we raised the cost of hourly parking in the lots from .25 to $1 per hour; monthly
parking permits increased in 2002 from $20 - $25 and again in 2003 from $25 to the current $35. We
would like to propose an increase to $40 per month for a parking pass going into effect Oct 1st. That is a
$60 per year increase per permit sold. This will help offset the credit card transaction fees, maintenance,
and improvements. Also, the Capital Lot has reserved parking where each person is assigned a space
that is theirs and theirs alone. We have also only been charging $35 per month for these permits and
would like to up it to $50 as it is a premium space. Brandi said we need to look at the reason for the
increase if our goal is to get employees off the street by offering affordable parking so they can park all
day. We should see an expense report that shows the increase is needed to cover our expenses.
Catherine said she would create that report.
Public Art – We are looking at doing murals again but doing them by commissioning an artist, not the
public ‘call-to-artists’ method. That way we can work directly with the building owner and one artist to
have a mural painted. We can still use the Art Committee to get their input and suggestions, but the final
mural will be between us, the building owner and the artist so the building owner is happy with the mural.
The “Labs of Downtown” has stalled a little as we work with the INL, we still hope it get some installed
before the end of the year. Brandi asked if they will be left out year-round? Or will the street salt
damage them? Catherine said they are made of fiberglass and the location will be very carefully chosen
to protect them.
Lisa reported that we city council approved $36,000 for 2021 funding with $1,000 of that for graffiti and we
still have $11,000 left from previous years.
Anas said the city is doing round 2 of the Imagine I.F. survey and encourage everyone to go online and
give your input. It is open until the 11th.
Catherine reported that the Parking Committee did meet and there is still interest in exploring the install of
parking pay stations on street. There is software that will allow a 20 – 30 minutes free parking option but
it is more expensive. We are working with IE Productions to create an info video to help us education
how it will work. We got an email from one of the salons saying one of her stylists has gotten 7 tickets
and wanted to know what could be done and where could she park. Chip said in their 10 years being
downtown not one ticket has been given to an employee because they have told them where to park and
how easy it is. He often hears people from out-of-town comment with surprise that on-street parking is
free for two hours. Change always happens with the way you do things and people adjust. Catherine
said that after the discussion with Lott’s from Centre Theatre it was agreed for the purpose of gathering
info, we would give them cards that they could give to people coming to movies in the afternoon so they
could have extra time parked on the street. We gave them the cards a week ago and have not seen one
used yet. We feel there was a day when quite a few tickets were issued, and people were upset and that
is what they are basing their complaint about parking to us on – that one day. Chip said that it again the
education that people need. He did a live video showing it only takes about 5 minutes to walk from the
parking by the railroad tracks into the heart of downtown and then timed the walk at 3 minutes and 15
seconds to walk to the theatre. Brandi said we need to humanize it like that saying we care about you the
downtown employee and here is how we can help by showing you where to park.
Meeting was adjourned at 9:36am
Our next board meeting is scheduled to be held September 14, 2021.
Respectfully submitted by Jill Hansen, Secretary and Mala Lyon
City Attorney - Opioid Settlement
STATE OF IDAHO
OFFICE OF THE ATTORNEY GENERAL
LAWRENCE G. WASDEN
September 13, 2021
Mayor and City Council:
Governor Little and I recently announced the State of Idaho’s agreement to
participate in nationwide opioid settlements with Johnson & Johnson and three
major opioid distributors, AmerisourceBergen, Cardinal Health and McKesson.
These settlements total up to $26 billion dollars and include up to $119 million
dollars for Idaho and its counties and cities who agree to participate.
I am writing to ask you to join us in participating in these historic settlement
agreements. I believe that these are fair settlements that will provide the State and
local governments much-needed funds to fight the opioid crisis. The citizens of the
State will receive the maximum benefits from these agreements if the State and
local governments work together and all participate.
Attached is information about the settlement agreements and how you can
participate. I look forward to working with you in the coming months.
Sincerely,
LAWRENCE WASDEN
Attorney General
LGW
Attachments
P.O. Box 83720, Boise, Idaho 83720-0010
Telephone: (208) 334-2400, FAX: (208) 854-8071
Located at 700 W. Jefferson Street, Suite 210
OPIOID SETTLEMENT AGREEMENTS WITH JOHNSON & JOHNSON AND 3 MAJOR
DISTRIBUTORS
The Attorney General of the State of Idaho has joined a nationwide settlement resolving opioid-related
claims with Johnson & Johnson and three major opioid distributors. Because the State of Idaho is
participating in this settlement agreement, certain local governments within the State are now also eligible
to participate and receive benefits under the agreements.
What are these Settlement Agreements About?
In Idaho, opioid overdose deaths have risen dramatically in recent years and both the State and local
governments have expended significant funds fighting the opioid crisis. States and local governments
across the country have spent the last several years investigating and litigating against many companies to
hold those responsible accountable and to change the pharmaceutical industry for the better.
A broad coalition of states and local governments have reached final settlement agreements with four of
those companies, Johnson & Johnson, and three distributors: AmerisourceBergen, Cardinal Health and
McKesson. These settlement agreements would resolve legal claims by participating States and local
governments stemming from actions that fueled the opioid addiction epidemic.
How Much Money is Available for the State and Local Governments?
The agreements provide for payments totaling $26 billion, with a total maximum amount of $119,896,000
available for the State of Idaho and participating local governments. Johnson & Johnson will make
payments over 9 years. The three distributors will make payments over 17 years. The State and local
governments must use the funding to support approved strategies for fighting the opioid crisis. A certain
portion of the funding may also be used to compensate attorneys who have pursued the opioid litigation
on behalf of the State and local governments.
The total amount of funding that Idaho and local governments may receive depends on how many eligible
local governments participate in the settlement. The State and local governments can secure the maximum
payment by fully resolving all of the pending and potential opioid-related claims by public entities within
the State. In short, the more local governments that participate, the more funds available for everyone.
Does the Settlement Agreement Provide for Changes in Pharmaceutical Industry Practices?
Yes. The agreements provide for major changes in how prescriptions will be distributed and sold,
including increased oversight, independent monitoring and a national database funded by the distributors
to help stop deliveries of opioids to pharmacies where diversion and misuse are occurring. Johnson &
Johnson will be prohibited from selling or promoting opioids.
Which Local Governments are Eligible to Participate?
Eligible local governments include: (1) all counties; (2) all general purpose local governments who
currently have pending claims against Johnson & Johnson and the three distributors; and (3) all other
cities with a population of 10,000 or greater. Attached is a list of the local governments in Idaho who are
eligible to participate.
In order to obtain the maximum amount of funding, releases of claims will also need to be obtained by
certain school districts, hospital districts, health districts and fire districts.
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How Can Eligible Local Governments Participate?
Eligible local governments can participate by executing a Settlement Participation form, releasing all
opioid-related claims against Johnson & Johnson, the three major distributors, and their subsidiaries, and
agreeing to be subject to a Consent Order filed in Idaho state court resolving these claims.
What is the Deadline for Local Governments to Participate?
The initial participation deadline for local governments is January 2, 2022. Local governments may still
join the settlement agreements after that date, but the payments the local government will be eligible to
receive may be significantly reduced. Additionally, many of the incentive payments under the agreement
require early participation by local governments and would be reduced if local governments delayed in
joining the agreements.
How Will the Settlement Money Be Divided Between the State and Participating Local
Governments?
The settlement provides a default that would divide the money allocated to the State of Idaho among three
funds: 15% to participating local governments; 15% to the State; and 70% to a trust fund to be used for
opioid remediation projects. The default agreement also provides for how the 15% of funds allocated to
local governments will be split. The default percent assigned to each eligible local government is
available at https://ag.idaho.gov/consumer-protection/opioid-settlement/.
The State and local governments have the option of entering into an agreement on how to allocate funds
that differs from the default. The Attorney General supports the State and local governments working
together to reach an agreement on how to allocate funds that provides the best result for the State, local
governments, and the citizens of the State of Idaho.
What Happens if an Eligible Local Government Decides Not to Participate?
If an eligible local government decides not to participate it will not be entitled to receive any of the funds
under the settlement agreement. The local government would retain any opioid-related claims against
Johnson & Johnson and the three distributors that it would otherwise have unless those claims were
barred by legislative or judicial action.
How Can I Learn More About the Settlement Agreements?
Full copies of both settlement agreements and additional information are available at
https://ag.idaho.gov/consumer-protection/opioid-settlement/.
All local governments eligible to participate will also receive an additional notice with more information
about the settlement agreements and how to participate on or around September 19, 2021.
If you have further questions, you may also contact the Attorney General’s Office at:
Office of the Attorney General
Consumer Protection Division
Attention: Opioid Settlement
P.O. Box 83720
Boise, ID 83720-0010
208-334-2424
opioidsettlement@ag.idaho.gov
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Eligible Local Governments
Ada County, Idaho Lewiston City, Idaho
Adams County, Idaho Lincoln County, Idaho
Ammon City, Idaho Madison County, Idaho
Bannock County, Idaho Meridian City, Idaho
Bear Lake County, Idaho Minidoka County, Idaho
Benewah County, Idaho Moscow City, Idaho
Bingham County, Idaho Mountain Home City, Idaho
Blackfoot City, Idaho Nampa City, Idaho
Blaine County, Idaho Nez Perce County, Idaho
Boise City, Idaho Oneida County, Idaho
Boise County, Idaho Owyhee County, Idaho
Bonner County, Idaho Payette County, Idaho
Bonneville County, Idaho Pocatello City, Idaho
Boundary County, Idaho Post Falls City, Idaho
Burley City, Idaho Power County, Idaho
Butte County, Idaho Preston City, Idaho
Caldwell City, Idaho Rexburg City, Idaho
Camas County, Idaho Shoshone County, Idaho
Canyon County, Idaho Star City, Idaho
Caribou County, Idaho Teton County, Idaho
Cassia County, Idaho Twin Falls City, Idaho
Chubbuck City, Idaho Twin Falls County, Idaho
Clark County, Idaho Valley County, Idaho
Clearwater County, Idaho Washington County, Idaho
Coeur D'Alene City, Idaho
Custer County, Idaho
Eagle City, Idaho
Elmore County, Idaho
Franklin County, Idaho
Fremont County, Idaho
Garden City, Idaho
Gem County, Idaho
Gooding County, Idaho
Hayden City, Idaho
Idaho County, Idaho
Idaho Falls City, Idaho
Jefferson County, Idaho
Jerome City, Idaho
Jerome County, Idaho
Kootenai County, Idaho
Kuna City, Idaho
Latah County, Idaho
Lemhi County, Idaho
Lewis County, Idaho
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