City Council

September 6, 2022 Council Work Session The City Council of the City of Idaho Falls met in Council Work Session, Tuesday, September 6, 2022, in the Council Chambers in the City Annex Building located at 680 Park Avenue in Idaho Falls at 3:00 p.m. Call to Order and Roll Call There were present: Mayor Rebecca L. Noah Casper Council President Michelle Ziel-Dingman Councilor Thomas Hally Councilor Jim Freeman Councilor Jim Francis Absent: Councilor John Radford Councilor Lisa Burtenshaw Also present: Duane Nelson, Fire Chief Eric Day, Division Fire Chief Brad Cramer, Community Development Services Director Pamela Alexander, Municipal Services Director PJ Holm, Parks and Recreation Director Michael Kirkham, Assistant City Attorney Chris Fredericksen, Public Works Director Brian Cunningham, Public Works Civil Engineer Kathy Hampton, City Clerk Mayor Casper called the meeting to order at 3:05 p.m. with the following items: Calendars, Announcements, Reports, Updates, Questions, and Discussion: Mayor Casper distributed calendar items for September, noting the Policeman’s Ball will be held October 7. She announced eight firefighters are currently deployed, the Idaho Falls Power (IFP) parking lot will be under construction on September 7, the City/County Meeting will be held on September 12, a tour of the Idaho Falls Auditorium District Event Center will occur September 30, she will distribute the recent legislative special session report to the councilmembers, a future City Council Work Session will include aggressive solicitation and noise ordinance items, the REDI’s (Regional Economic Development for Eastern Idaho) “What’s Up in Eastern Idaho” event will be held October 21, and open enrollment is currently happening for city employees’ benefits. Mayor Casper stated a resolution to increase the delegated spending authority will be included on the September 8 City Council Meeting agenda. Liaison Reports and Councilmember Concerns: Council President Dingman stated the annual summer BBQ at the Idaho Falls Regional Airport will be held September 23. Councilor Hally had no items to report. Councilor Francis stated a Sister Cities picnic/gathering will be held September 15. Councilor Freeman stated the Fire Prevention Block Party will be held September 29. 1  September 6, 2022 Council Work Session Fire Department/Q&A: Stryker360 Ambulance Equipment/Maintenance Purchase Agreement: Chief Nelson stated this agreement will allow the Idaho Falls Fire Department (IFFD) to leverage equipment and capital purchases for numerous years. He briefly described the equipment. He reminded the council of the three ambulance purchases from the ARPA (American Rescue Plan Act of 2021) funds that would need approximately $300,000 in equipment. Chief Nelson noted the IFFD is seeing 10-15% bi-annual increases to medical devices. He stated this agreement will be a master agreement for ten years utilizing the same amount of money annually to equip the entire fleet of ambulances. He also stated this agreement will upgrade and replace all equipment, typically around the five-year timeframe. He indicated the agreement would also include an up-front payment for equipment for the new ambulances. Per Councilor Freeman, Chief Nelson stated life packs were purchased in the previous year, this equipment is not included in the proposed agreement. He also stated the MERF (Municipal Equipment Replacement Fund) was increased by $310,000 in this fiscal year so this would be funded through the MERF account in future years. This item will be included on the September 8 City Council Meeting agenda. Community Development Services/Review: Zoning Appeal Process: Director Cramer stated an appeal for a request for reconsideration of a recent rezone denial will be included on the September 22 City Council Meeting agenda. He indicated only the applicant can speak during the public hearing who will point out the deficiencies, noting no new information can be introduced. Director Cramer reviewed the appeal process, explaining what course the applicant has per the council to affirm, reverse, or modify the decision. Comments followed regarding the statements included in the Reasoned Statement of Relevant Criteria and Standards, the Comprehensive Plan, and discussion of disclosure. Community Development Services and Municipal Services/Discussion: Impact Fee Waiver Request: Mayor Casper reminded the council of the ordinance approved earlier in the year regarding impact fees, noting the ordinance allows impact fees to be waived. Director Alexander stated the city received a request for impact fee waiver for Blacktail West LLC dba Tailwater Development for the development of 151 of affordable multi-family housing units along West Anderson Street (Black Feather Apartments) in the amount of $444,439. She reviewed the assessed impact fees for development of 156 units, totaling $459,147, noting four units would not be eligible for the waiver request. Director Cramer described the location as the vacant field west of A.H. Bush Elementary and east of US20, noting the proposed development is on the southern half of the property as the northern half of the property may be used for the proposed US20 connector project. Director Alexander reviewed City Code 10-8-8 C referencing affordable housing and the development’s proportionate share of system improvements, noting the developer is not intending to, nor do they have the resources to, contribute anything over and above the impact fee waiver. She stated the ordinance does not specifically state who would be responsible for the proportionate share. She also reviewed the August 15, 2022, requested memos from Tailwater Development as they relate to the City Code, stating the memo satisfies the criteria exemptions. She believes an application is submitted to HUD (United States Department of Housing and Urban Development) which will get points assigned, therefore, this impact fee waiver would be important to the application. Director Cramer stated HUD applications are competitive, noting more points allows a better opportunity, and community contribution will add to the project. Per the affordable housing developers, Director Cramer stated Idaho Falls struggles to be more competitive in that tax credit market, and this is a common way that cities do contribute to make those applications competitive. He noted a tax credit application does not need to be monitored. Director Alexander stated urban renewal and CDBG (Community Development Block Grant) funds were internally discussed and were determined not to be qualified, noting this is the only option the city could contribute. Mayor Casper indicated funds could be budgeted each year to help offset waivers. Director Alexander stated impact fees can be collected over an eight-year period. She believes the city could contribute General Fund money over the eight-year period. Mr. Kirkham clarified impact fees must offset the impact to new development, and the council would need to decide how they would offset these funds. Discussion 2  September 6, 2022 Council Work Session followed regarding waiving permit fees and connection fees versus the impact fees, modifying the ordinance, and affordable housing. Councilor Francis believes these fees could be made up by property taxes. Mr. Kirkham stated City Code is acknowledging that the impacts don’t go away just because the fee is waived. He believes the council is limited on connection fee waivers, and the council will need to decide whether the city can afford to waive the impact fee. He indicated other options/tools could be explored. Director Cramer recommended the council not look at the tax revenues derived from the property after development as the city most likely won’t see the tax dollars if this area becomes an urban renewal district. Director Alexander noted these fees would be significant amounts for Public Works and Parks and Recreation to absorb in their budgets. She also noted the project could last for an extended period of time. Per Councilor Freeman, Mr. Kirkham stated a portion of the fee waiver could be approved. Director Alexander clarified, per City Code, the waiver request must be for affordable housing. Mr. Kirkham reiterated the council must identify the shortfall if the waiver is approved. Per Councilor Francis, Director Cramer confirmed any tax credits would be applied to the development, not the developer. Mr. Kirkham stated the parameters could be adjusted, although he does not believe the tax credit must be first. Director Cramer indicated the tax credits are not a prerequisite to qualify for a waiver, stating staff is not equipped to monitor whether or not a unit is affordable. Per Councilor Hally, Director Cramer believes the fees could be waived contingent upon a successful tax credit application. Per Council President Dingman, Director Cramer believes tax credits are point based on a partial waiver/level of contribution. Director Alexander stated this also demonstrates community support of the project. Councilor Freeman suggested a reduced waiver amount, and that council budget for affordable housing going forward. Mayor Casper indicated Controller Mark Hagedorn recommended a budget of $250,000 annually. Councilor Hally indicated affordable housing is a State-wide concern. Director Cramer noted the tax credits are a once-a-year application cycle. Additional discussion followed. Councilor Francis requested to staff to know what number would make sense and how to build that number in the reserves. It was then moved by Council President Dingman, seconded by Councilor Freeman, to approve the impact fee waiver request at the amount of 30% of the requested amount. The motion carried by the following vote: Aye – Councilors Hally, Francis, Dingman, Freeman. Nay – none. Director Alexander indicated additional discussion would be needed regarding future dollars to address these requests. Per Director Cramer, Council President Dingman confirmed this motion for reduction is not contingent upon successful tax credits. City Attorney, Community Development Services, Mayor’s Office, Parks and Recreation, and Police Department/Follow-up Discussion: Policy Recommendations for Management of Public Spaces: Director Holm believes this ordinance will help manage the parks and keep them safe and secure. He reviewed recent edits including the addition of cemeteries, an exception for bike and pedestrian pathways in the parks, an exception for sidewalks that are exterior or are contiguous to the parks, and a constitutional right to be in the park or cemetery. He stated this ordinance would allow parks closures from 11 p.m. to 5 a.m. He also believes the two- hour use of shelters or rental space will also assist the parks. Mr. Kirkham explained the definition of Public Park. Per Mayor Casper, Mr. Kirkham also explained a misdemeanor offense and the maximum fine and jail sentence. He clarified an arrest can occur for a misdemeanor but not for an infraction. This item will be included on the September 22 City Council Meeting agenda. Public Works/Discussion: Revisions to the Engineering Design Policy Manual and Supplemental Specifications to Idaho Standards for Public Works Construction (ISPWC): Director Fredericksen stated approval for the ISPWC supplementals and the Engineering Design Policy Manual will be requested at the September 22 City Council Meeting by resolutions. He reviewed the two major changes, including changing copper lines to polyethylene lines in water service lines as well as residential meters being installed in the meter pits. He believes these changes will be cost neutral. He stated meters would not be used at this time although the meters would be able to collect data. Per the Standard Drawings and Specifications, Director 3  September 6, 2022 Council Work Session Fredericksen briefly reviewed changes throughout Section 404. He also briefly reviewed changes to the Engineering Design Policy Manual. Per Councilor Freeman, Director Fredericksen confirmed the polyethylene water line changes would apply to new construction as well as any repair to current residential lines. Discussion followed regarding DEQ (Department of Environmental Quality) requirements, availability of copper, and the Access Management Plan with BMPO (Bonneville Metropolitan Planning Organization). Public Works/Discussion: Council Interest in Considering EIRSD’s (Eastern Idaho Regional Sewer District) Service Request: Director Fredericksen stated Public Works was recently contacted by EIRSD Chair Brain Powell questioning the opportunity of the EIRSD to utilize capacity in the Wastewater Treatment Plant (WWTP). Director Fredericksen noted a previous issue has been serving the existing sewer service area with EIRSD and the need for an additional conduit to the WWTP, which has been identified as the York Road trunk line. He stated the current trunk line is approximately a half mile west of the Holmes Avenue/York Road intersection, and any accommodation to EIRSD would require this connection. He believes the cost for this connection would amount to $4-6M as the mains are deep and this would require an entire reconstruction of York Road. Director Fredericksen noted the WWTP currently runs approximately 9.5M gallons a day and is rated at 17M gallons a day. He realizes this could impact planning, and he is unsure of the residents’ impact as well as serving entities outside of city limits. Councilor Hally believes the sewer district was mismanaged, there was questionable accounting, and there’s a long history. He also believes it’s not just capacity, it’s wearing out millions of dollars and is reducing the timeline. He stated he is against the request. Councilor Freeman believes this would create more urbanization in the county and the number of homes in the county would increase. He is unsure if he wants to encourage that. Per Councilor Freeman, Director Fredericksen stated the sewage flow has stayed steady with the new development, noting Ammon took approximate 1M gallons of flow to Shelley. Per Council President Dingman, Director Fredericksen believes there’s financial benefits although he referred to Councilor Freeman’s comments. Director Fredericksen indicated the EIRSD intends to upgrade the Shelley plant. Discussion followed regarding the sewer line in York Road, the construction of the roadway and right-of-way, reemphasizing growth south of Idaho Falls, other city directors’ opinions, the Area of Impact, city residents subsidizing county residents, and potentially saving future taxpayer money with this connection. Mayor Casper believes the growth caught everyone off guard, noting the sewer district is under different leadership. She also believes the trunk line could benefit the utility but possibly not the community. Director Cramer indicated development along York Road has been held up due to the expense of the trunk line. He believes this would open up and encourage growth along 65th South, noting growth has been focused in the interior with current utilities. He also believes the long-term benefits need to be considered. Director Fredericksen indicated growth could immediately happen with the trunk line connection, however, he is unsure of the mechanism to ensure any EIRSD time requirement. Comments followed regarding the service area outside of city limits, and previous annexations by Community Development Services staff of various county islands. Due to the absence of Councilors Radford and Burtenshaw, follow-up discussion will occur at the September 19 City Council Work Session. There being no further business, the meeting adjourned at 6:01 p.m. s/ Kathy Hampton s/ Rebecca L. Noah Casper Kathy Hampton, City Clerk Rebecca L. Noah Casper, Mayor 4