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City Council

Regular Meeting

Idaho Falls, ID · February 21, 2017

AgendaMinutes

Minutes

February 21, 2017 The City Council of the City of Idaho Falls met in Special Meeting (Council Work Session), Tuesday, February 21, 2017, 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 Councilmember Michelle Ziel-Dingman Councilmember David M. Smith Councilmember Ed Marohn Councilmember Barbara Ehardt (departed at 4:00 p.m./by telephone until 6:00 p.m.) Councilmember Thomas Hally Councilmember John B. Radford (departed at 5:25 p.m.) Also present: Brad Cramer, Community Development Services Director Kerry Beutler, Community Development Services Planning Director Greg Weitzel, Parks and Recreation Director PJ Holm, Recreation Superintendent Tim Reinke, Golf Operations Manager David Pennock, Zoo Superintendent Pamela Alexander, Municipal Services Director Mark Hagedorn, Controller Bruce Young, Accountant II Randy Fife, City Attorney Kerry Hammon, Public Information Officer Kathy Hampton, City Clerk Mayor Casper called the meeting to order at 3:02 p.m. with the following agenda items: Acceptance and/or Receipt of Minutes: It was moved by Councilmember Dingman, seconded by Councilmember Radford, to receive recommendations from the Planning and Zoning Commission pursuant to the Local Land Use Planning Act (LLUPA), and to accept the Civic Auditorium Committee meeting minutes and the Youth Sister Cities meeting minutes. Roll call as follows: Aye – Councilmembers Marohn, Dingman, Ehardt, Hally, Radford, Smith. Nay – none. Motion carried. City Council Reports: Councilmember Hally stated the Law Enforcement Roundtable was recently held and he believes there was well- rounded discussions. Councilmember Marohn acknowledged that Paul Davis Restoration recently donated $5500 fellowship award to the Fraternal Order of Leathernecks Society (FOLS), an Eastern Idaho Fire Association which includes several Idaho Falls Fire Department (IFFD) personnel. He expressed his appreciation to Director Cramer for the ride along identifying an overview of nuisance ordinances and abandoned vehicles. Councilmember Marohn challenged the Idaho Falls Police Department (IFPD) to step up the enforcement of ordinances. Councilmember Smith stated the City has been conducting public fiber informational meetings. He will be attending APPA (American Public Power Association) in the near future including meeting with local legislators. Councilmember Ehardt believes code enforcement concerns need to have an in-depth overview for direction of enforcement involving all departments. Councilmember Dingman indicated discussion has occurred with Director Cramer regarding code enforcement concerns. Additional discussion will occur in the near future. She announced two (2) new Idaho Falls police officers, Jamie Nunnelly and Timothy Weaver, were sworn in to the IFPD earlier in the day. 1 February 21, 2017 Councilmember Radford stated IFFD has begun their training academy. Mayor Casper stated six (6) new recruits have been hired for the IFFD. She reiterated the code enforcement concerns/issues discussion is scheduled for the April 10 Work Session agenda. Mayor’s Report, Calendar Items, and Announcements: February 22, final fiber informational meeting at Skyline High School February 23, Idaho Falls Power (IFP) Board Meeting February 23, Council Meeting, President Hally will be presiding due to Mayor Casper’s absence February 25, TEDx at Colonial Theatre March 2, Red Cross Real Heroes Event March 3, Idaho Day at Colonial Theatre March 6, Work Session March 9, Council Meeting Legislative Session Issues: Mayor Casper stated the Chamber Advocacy Committee meets every Thursday mornings. The committee briefly reviews potential AIC House Bills and have requested City support for House Bill 130. She briefly reviewed the snow removal expenditures for the previous 10 years. Brief discussion followed regarding a rolling/separate snow removal account. Mayor Casper believes there was outstanding snow removal service and supports the recent changes but also believes the policy needs reviewed. She stated expenditures would have been higher under the previous policy/procedures. 2017-18 Budget Preparation: Mayor Casper stated Priority-Based Budgeting (PBB) will be included in the upcoming budget sessions. She has been working with a team of department directors to update the community results and objectives. A catalog of City plans (Capital, Comprehensive, Master, etc.) have been developed for future decision making and will assist with the budget process beginning on March 18. Council presentation will evolve around liaison duties and priorities. She reminded Councilmembers that responsiveness to voters is best for the City, not individual projects. Mayor Casper stated IFP will begin their strategic planning process in March including PBB. She briefly reviewed the upcoming budget calendar including: April and May Work Sessions – discussion of wages and benefits May 1 – discussion will include department director priorities May 2 – City Budget Watch Councilmember Marohn stated the budget process has been refined for direct Council involvement and discussion for budget requests. The March 18 session will include discussion of priorities for capital expenditures, as well as focus on General Fund revenue and expenditures. He indicated each Council liaison will prepare discussion on their assigned department’s planned or projected capital expenditure requests ranked on priorities for 1-3 years out. He believes there is adequate time for thorough budget discussion prior to the State-required reporting timeline. Short-term Rentals Update: Director Cramer stated a public hearing for the Planning & Zoning (P&Z) Commission has been scheduled for March 7 to consider a draft ordinance. He recommended the draft ordinance not be discussed with Council prior to the public hearing. Mr. Beutler briefly reviewed the results of the recent public survey, which included ~700 responses. Q7 – Do you think the City of Idaho Falls should allow short-term rentals within city limits? Yes = 71.45% No = 21.23% Indifferent = 7.32% Q8 – Do you think the City of Idaho Falls should regulate short-term rentals? Yes = 48.28% No = 36.17% 2 February 21, 2017 Indifferent = 15.55% How/What would be regulated? Impacts identified include – traffic/parking, noise, large gatherings, absence of property owner, trash/litter, commercial business in residential neighborhood, building and fire safety concerns, loss of revenue for local hotels, increased cost to rent or purchase a home, increased signage, unknown people in a neighborhood, payment of appropriate taxes, property maintenance, property value, illegal activity, security/privacy in neighborhood, insurance and additional liability, and guests not familiar with local laws. Mr. Beutler referenced any applicable City Code related to the specific issues. He stated the majority of concerns are addressed in City Code. Other concerns not referenced in City Code would be difficult to address and may not be related to short-term rentals. Short-term rentals are currently defined as rental for less than 30 days and can be located in any zone where a house is allowed. Director Cramer stated the ordinance update is very minimal and does not add a lot of restrictions. Councilmember Ehardt believes this item should continue to move slowly and not include unnecessary regulations. She also believes any potential impact items should be addressed with current City Code and property owners should be given as many rights as possible as long as there is no infringing on other property owners. Councilmembers Halley and Marohn concurred. Councilmember Marohn believes short-term rentals would self regulate. Councilmember Dingman reiterated most impacts are currently regulated. Councilmember Radford believes entrepreneurs should be allowed to succeed. He also believes the City needs to assist residents with the understanding of short-term rentals. Director Cramer stated, according to the current zoning code, short-term rentals are not allowed. He believes the intent is not to create mini hotels for the same standard as hotel. Mayor Casper indicated the State is considering House Bill 66, which includes short-term rentals. Director Cramer reviewed the following timeframe for short-term rental discussion: March 7, P&Z public hearing March 20, Work Session – results from the public hearing and ordinance review will be discussed April 13, public hearing for ordinance review and possible approval of any ordinance change Mr. Fife briefly reviewed liability concerns with short-term rentals. Discussion of Public Hearing Procedures Resolution: Director Cramer stated per AIC, every jurisdiction needs to adopt public hearing procedures related to the Local Land Use Planning Act. He prefers an adoption of a resolution versus an ordinance due to the simplicity of any modifications if needed. This item will be included on the February 23 Council Meeting agenda for approval. Discussion of Eclipse Camping and Special Events: Director Weitzel stated Parks and Recreation (P&R) staff has identified several observation areas for the August 2017 eclipse including:  Old Butte Soccer Complex  Freeman Park  Community Park  Tautphaus Park (eastern half) He indicated these four (4) viewing areas would include staffing and additional amenities for large crowds,. Mr. Holm stated criteria for these locations included well-known parks, ease of traffic from major corridors, and visibility to the southwest (the eclipse direction). Director Weitzel indicated parking on any grass corridors will not be allowed. He stated the City has rented additional 90 porta potties for the weekend and collaboration is continuing with other entities for information/maps for the community. Camping facilities for the eclipse event, all reservable through the City website, include:  Noise Park – 50 regular camping spots, additional porta-potties, and a water station. Discount tickets to scheduled stock car racing would be available.  South Tourist Park – 14 regular camping spots, 6 overflow camping spots. Director Weitzel also requested approval of a permanent fee of $15/night. A camp host will be located on-site with power, sewer and water services. New rules will be established and improvements are anticipated for the future. Brief general discussion regarding South Tourist Park followed. 3 February 21, 2017  Sandy Downs ‘Eclipse Village’ – 173 regular spots, 20 family spots, and 30 overflow spots. Multiple events, including a concert stage area, are anticipated for the weekend. Mr. Holm stated discussion is continuing regarding camping rules, 24-hour security, and food vending. Director Weitzel stated a Professional Services Agreement has been drafted with Live a Little Productions, who will feature Brothers Osborne, for the eclipse weekend concert event. This agreement will be included on the February 23 Council Meeting agenda for approval. Mayor Casper stated future discussion will occur regarding other eclipse events. Discussion of Fees: Director Weitzel stated multiple fee increases are being requested from P&R. The proposed fees also includes the camping fees for the eclipse events. He briefly reviewed additional proposed fees for recreational items. Mr. Reinke reviewed proposed golf course fees, including replacement of golf cart fleet, cart rental fee increase, sponsorship packages, and advertisements. Other proposed P&R fee increases were briefly reviewed including Aquatic Center fees, City Market (Farmers Market) fees, Sandy Down fees, and other miscellaneous parks rental fees. Mayor Casper indicated the proposed fee increases will be published as required with the public hearing to be held at the March 9 Council Meeting. Discussion of Zoo Education Center Resolution and Memorandum of Understanding: Mr. Pennock stated the current zoo education facility is inadequate for future growth. He briefly reviewed the floor plan of the new education center, ~4500 square feet, indicating the classrooms could be used for excess of 200 people. This facility would be located in close proximity to the current building. He indicated the Tautphaus Park Zoological Society has been raising money for this building, with ~$250,000 allocated for construction. He stated Mr. William Maeck, who has been a continued supporter of the cultural and educational communities, has contributed $500,000 for construction of this facility. Director Weitzel stated Council approval will be required for the two (2) documents with the Maeck Foundation. He briefly reviewed the Memorandum of Understanding (MOU) which outlines the donation amount, naming rights of the education center, use of the donated funds, publicity, restricted use of funds, restricted use of facility, and prohibiting a gift shop or other enterprise within the center. Director Weitzel stated the resolution would outline the MOU. Mr. Fife stated all funds may not necessarily be donated in the current year as the donor can split the donation for tax purposes although the City would receive the entire amount prior to construction. Any excess funding would be utilized for future education purposes. Director Weitzel indicated the next step for this facility would be adoption of a Zoo Master Plan. He acknowledged the Tautphaus Park Zoological Society for their fund-raising efforts. This item will be included on February 23 Council Meeting Agenda. Idaho Department of Corrections (IDOC) “Free to Succeed” Program: Mayor Casper introduced Jeff Kirkman, Program Manager for Idaho Department of Corrections Community Mentor Program. Mr. Kirkman stated the Free 2 Succeed Program, which has existed for approximately 10 months, has been designed as a mentorship program. He indicated 95%-98% of offenders will be released to Idaho’s communities and this program assists these individuals with community resources and overcoming obstacles and society challenges to prevent possible future incarceration. Mr. Kirkman stated there are no fees associated with this program, this presentation is for informational purposes only. He then introduced Stephanie Taylor-Silva. Ms. Taylor-Silva shared her personal experience with substance abuse and incarceration. She stated this Free 2 Succeed Program was able to provide personal assistance for her to be successful in the community. She indicated this mentoring program also assists the IDOC staff as well as probation and parole officers. Mr. Kirkman indicated there are ~17,000 offenders under the IDOC supervision, 345 persons have been released on probation or parole in District 7. Mayor Casper reiterated this presentation is for Council awareness only. Ms. Taylor-Silva indicated mentor training will occur on March 2 at the Center for Hope. Moreton and Co. Workers Compensation Presentation: Director Alexander introduced the Moreton and Company team consisting of Allan Ranstrom, Chad Ranstrom, and Aimee Assendrup. Moreton and Company is the City’s Insurance Broker for Workers Compensation Services who 4 February 21, 2017 assists in claim tracking as well as controlling and reducing loss exposures. Mr. Ranstrom stated in October 2011, the City opted to move to a self-funded program, which has been a profitable decision. He indicated the three (3) main reasons for self-funded program include:  Cost Savings – the City has saved approximately $2.6 million by moving to self-funded program. Workers Compensation Premium from 10/1/2015-10/1/2016 = $1,313,920.  Improved Claims Service – the City is engaged with a third-party adjuster, Idaho Intermountain Claims - self-funded entities on average pay 50% less per indemnity claim.  Safety and Loss Control Support – Moreton and Company partners with the City to provide: o Loss analysis and trending on a quarterly basis o Industrial hygiene services to the City o Safety training o Safety materials and programs Mr. Ranstrom reviewed Excess Insurance stating coverage is provided per occurrence as well as aggregate coverage. He stated to date, the City has not incurred any catastrophic claim. Ms. Assendrup reviewed the annual report for 2015/2016 as follows with general discussion throughout: Claims Overview:  Number of claims = 85  Cost of claims = $604,946  Average cost per claim = $7,117 Claims Analysis:  Manual Material Handling accounts for majority of claims filed (85) and claims cost ($176,341)  Number of claims by body part = 13 (back, hand/fingers)  Cost of claims by body part = $172,907 (knee)  Number of claims by nature of injury = 47 (strain/sprain/tear)  Cost of claims by nature of injury = $438,958 (strain/sprain/tear) Claims by Department:  Parks and Recreations = 24  Cost of claims by department = $202,717 (Parks and Recreation) Claims Analysis by Department – 3 year history  Number of claims by department = 59 (Police)  Cost of claims by department = $357,221 (Police)  Cause of injury = $214,467 (trip/slip/fall: ice or snow), total = $1.434,698 Mr. Ranstrom stated services provided by Intermountain Claims includes review of services and pharmacy benefit management. These combined services have saved the City approximately $194,000. Ms. Assendrup stated Safety & Loss Control Services, occurring in four (4) quarterly meetings, included review of Annual Report with the Police Department, review of Annual Report with Department Directors, review of self- funded program with the Mayor and City Council, completion of workstation ergonomic evaluations for the Police Department, discussion of completed air sampling, and defensive driving training. She recommended annual training for seasonal employees within the Parks and Recreation Department due to the frequency and severity of losses. She also recommended site surveys at City properties for any potential exposures. It was noted any ADA (American with Disabilities Act) claims are addressed through a separate committee. General discussion followed regarding types of claims within departments. Mr. Hagedorn stated a light-duty program within other departments is being discussed with Human Resources and the Department Directors as a light-duty program would help reduce claim costs. Mr. Young and Mr. Hagedorn reviewed Fund Balance Summary for FY 2016 as follows: Premiums transferred to the fund = $1,412,469.78 5 February 21, 2017 Worker’s Compensation Claims Paid Losses = ($488,854.12) Reserved Losses = ($166,432.92) Recoveries = $2,252.12 Insurance Costs Excess Insurance Policy = ($152,866.00) Claims Process & Handling = ($60,800.00) Taxes/Bond/Fees = ($34,613.19) Total Gain/(Loss) for Period = $511,155.67 Accumulated Gain/(Loss) Reserve for Future Claims = $2,153,925.77 Budgeting  Worker’s compensation is allocated by percentage of payroll dollars  A rate for each job class code is derived by a combination of a fixed and variable rate Risk Management  Quarterly meetings with insurance carrier and third party administrator  Regular risk management meetings  Trend analysis  Schedule trainings for identified risks Future Plans  Establish minimum reserve based on actuarial report  Formal light-duty program Mr. Hagedorn expressed his appreciation to Moreton and Company with any assistance requested. Councilmember Smith expressed his appreciation for the presentation. Councilmember Hally believes employees should be considered as capital assets. Mr. Hagedorn stated Idaho Falls Power safety training is being reviewed for possible adaptation within other departments/employees. There being no further business, it was moved by Councilmember Hally, seconded by Councilmember Marohn, that the meeting adjourn at 6:26 p.m. s/ Kathy Hampton s/ Rebecca L. Noah Casper CITY CLERK MAYOR 6

Agenda

Idaho Falls Sister Cities Youth Meeting February 1, 2017 Attendees: Max Benjamin Garrett Corbridge Karen Finnigan Whitney St. Michel Misty Benjamin Tate Corbridge Ian Finnigan Ian St. Michel Wendy Boring Brennan Corbridge Gabe Padron Anna St.Michel Maggie Boring David Eaton Kendra Peck Rebecca Smith Melinda Cebull Katie Eaton Nathan Peck Stephanie Van Ausdeln Peter Cebull Kylie Eaton Dallin Peck Ness Villasenor Nicholas Cebull Mario Estrada Laurie Retallic Jackie Corbridge Elly Finnigan Jacobi Retallic Business Section of the Meeting Introductions: Student officers greeted students in Japanese as they came to the meeting. Student were given a script to read in Japanese to help learn the Japanese greetings. Minutes: A motion to approve the minutes from the January 16th meeting and the January 25th board meeting was made by Kendra Peck and seconded by Whitney St. Michel. Treasurer’s Report: Peter provided the treasurer’s report. Balance: $4,572 Payments: $60 to the development workshop Income: $25 membership fees Dividends: $ 0.07 Melinda told the group Carole Walters had emailed that the group should send our request for funds to Kami Morrison at the city. The group discussed whether to ask for an increase in funds. There was a $9000 line item in the city budget for Sister Cities. In the past the adult group has received $3,500, the youth group has received $2,500 and the city pays the international group fees of < $1000. The city was not sure if the remaining $2000 went back into the city budget last year. The funds given to the youth group have not been increased in at least 10 years, and the group decided it would be fair to request the same amount as the adult group. Melinda will provide the letters written to request funds in the past years and some additional information to Misty Benjamin. Misty will write the letter request funds and provide it to Katie Eaton to approve and send to Kami. Fundraisers: Raffle/Dinner: Whitney St. Michel has scheduled the raffle/dinner fundraiser for April 13th at Snow Eagle. She sent around a volunteer sign-up sheet for people willing to help with the raffle and dinner and another sign-up sheet for people willing to request donations from different businesses. She will provide the information on Google drive for people to review. Paramount Discount Cards: The group will sell discount cards on 2/18 and 2/20. Whitney passed around sign-up sheets for adults and students to volunteer for different time slots to sell the discount cards. Discussion of By-Laws The board has been reviewing the current set of by-laws and has reviewed a little over half of the document. The suggested by-law changes were attached to the January 30th email. Members should review the suggested changes and provide any ideas they have to the board. Required Paperwork The following documents are required for each student and can be found on the website (http://youth.if-sc.org/) under forms. Note: The documents need to have a parent signature.  Application form  Code of Conduct form  Medical Form Students should fill out the forms and email them to mcebull@cableone.net or bring them to the next meeting. If there is any problem getting the forms from the website, please ask Melinda to email them to you. Melinda passed around a contact list for members to update. The group will start using a group texting site to let members know if there are last minute changes to meeting and during hosting. Student Led Section of the Meeting  Discussed learning a song in Japanese to sing during the visit. Songs that we are considering teaching are: 1. Row Row Row Your Boat 2. Head Shoulders Knees And Toes 3. Full Disney Song  Karaoke was suggested as an idea during the Japanese visit. The idea was liked by the group. The following volunteers will help teach songs: 1. Elly Finnagan 2. Dallin Peck 3. Jacobi Retalic  We are planning to send a video of the song, so people can practice at home  Newsletter – Students were asked to sign-up to write articles for the newsletter.  Elly Finnigan volunteered to teach the next language lesson.  Mario presented information about Valentine's day (2/14) in Japan o Girls give guys chocolate  He also presented information on White Day (3/14) o Guys give girls chocolate.  Japanese comparison between USA and Japan Valentine's day:https://drive.google.com/open?id=0BxZ1lyKJiZ2FSHN4VU15M2FzZ0FYaHNJOGJWMU5lc0oz dERZ  At the end of the meeting we made Valentine cards made for all of the Japanese students. LAND USE – RELATED PUBLIC HEARINGS Purpose. To provide consistency in the conduct of public hearings held in conjunction with the City process of regulating the use and development of land; to protect the public interest and the private rights of participants in the public hearing process; and to comply with the requirements of Idaho Code. For purposes of this Resolution, the term “decision-making board” shall mean the Board of Adjustment, Planning and Zoning Commission, Council, hearing examiner or advisory board and any other person(s) duly authorized to make a determination regarding zoning or land use planning pursuant to Idaho Code or this Code, excluding City staff. QUASI-JUDICIAL HEARING PROCEDURE A. Pre-Hearing Procedure. 1. Ex-parte communications with members of a decision-making board are prohibited following the submittal of the correct fee(s) and a substantially completed application (as determined by the Community Development Services Department). Prior to the conduct of a hearing regulated by the Idaho Local Land Use Planning Act, no person shall attempt to discuss the subject of the hearing with a member of the decision-making board designated to decide the relevant issue(s). Any such attempt shall be reported by the person(s) approached to the office of the City Attorney, who shall advise the decision-making board in that regard. 2. The applicant for a land use-related permit shall submit a completed application on a form provided by the City to the appropriate City official along with all relevant fees and required materials. 3. The City shall contact all persons entitled to notice of the pending land use decision under the provisions of this this Code and the Idaho Code. 4. The applicant should submit such written material as the applicant may desire to the City at the time of application filing. Such written materials should be submitted not less than ten (10) business days in advance of the first hearing so that the materials submitted may be reviewed by the interested public prior to the hearing. Materials provided less than ten (10) days in advance of the first hearing may be admitted only subject to the discretion of the decision-making board. 5. Public participants desiring to submit materials to the decision-making board shall make such submission at least five (5) business days in advance of the first scheduled hearing. Materials provided less than five (5) business days in advance of the first hearing may be admitted only subject to the discretion of the decision- making board chair. LAND USE – PUBLIC HEARINGS PROCEDURES 2017 PAGE 1 OF 5 6. Where required, the City shall publish notice of the public hearing in accordance with the requirements of this Code and the applicable sections of the Idaho Code. Where required, the City shall provide proper notice to the residents and/or land owners entitled to notice within the terms of this Code and applicable sections of the Idaho Code. B. Public Hearing Procedures. 1. Public hearings shall be conducted according to orderly procedures, as specified by the Chair of the decision-making board, subject to the will of the decision- making board. 2. Procedures shall be directed to providing the participants in the hearing a fair chance to be heard by an impartial decision-making board. 3. Decision-making board members who have a conflict of interest involving the subject matter of a hearing shall not participate in the deliberations related to the item(s) in which there is a conflict of interest. Abstention shall be governed by the applicable provisions of this Code, the Idaho Code, and the member’s personal perception of the situation. The decision to abstain from deliberation shall be the personal decision of the individual decision-making board member. A member who abstains may participate in the hearing in the same manner as the general public and according to Idaho Code. 4. The Chair of the decision-making board shall have sole authority to recognize participants in the hearing process and to maintain order during conduct of the hearing. 5. Subject to decision-making board objection, the Chair may establish time limits on presentations in the interest of fairness and to provide more people with a chance to participate. Said limitations should be established at the beginning of the hearing but may be invoked during the hearing when conditions warrant. Each person who testifies shall provide the recording secretary with his or her name and a true and accurate mailing address. 6. Formal rules of evidence will not apply during the hearing, but the Chair may rule that certain testimony may be excluded or shortened because of its relevance to the subject of the hearing. 7. Any person may testify through a designated representative. The decision-making board may request proof of authorization from anyone purporting to speak for another. All writings or other tangible materials submitted as testimony should contain the name and address of the testifying party in form. 8. Hearings conducted pursuant to this Resolution shall generally be conducted in the following order: a. Call to order and opening of the hearing. b. Introduction of hearing item and explanation of request and profer of evidence by City staff. c. Presentation by applicant or applicant’s representative. d. Public testimony in support of the application. LAND USE – PUBLIC HEARINGS PROCEDURES 2017 PAGE 2 OF 5 e. Public testimony in opposition to the application. f. Other public testimony. g. Response of applicant to public testimony, if desired. h. Closure of the public hearing. i. Decision-making board deliberations without further unsolicited comment based upon evidence and testimony presented during the hearing. 9. All inquiries regarding the presentation of any party shall be directed to the Chair, who shall decide the need for a response, where necessary or appropriate. During the hearing and as directed through the Chair, members of the decision-making board may question any participant in the hearing process concerning any representations made or questions raised in the course of the hearing or in written materials submitted prior to or during the hearing. 10. All information upon which a decision rests, including information held by decision-making board members from their own experience, shall be placed upon the record during the hearing and before the public hearing is closed. C. Post Hearing Procedure. l. At the close of the public hearing, the decision-making board may take any of the following actions concerning the matter(s) before it: a. Approve the application as presented. b. Reject the application as presented. c. Approve the application subject to specific conditions as permitted by the applicable substantive Zoning Code sections. d. Table the application to allow fact finding by the City staff, to receive answers to specific factual questions from the applicant or the interested public, or to defer the decision for further reflection. When a request is tabled, the final decision shall be made at a succeeding regularly scheduled meeting, or at a special meeting for which proper notice has been given. e. Schedule a continuation of the public hearing at a specific time and place. This provision shall apply to any visit to the site in question by the decision-making board. 2. After the close of a public hearing, the only public communication with the decision-making board concerning the application before them shall be specific factual answers to questions raised at the hearing or during deliberations and requiring a subsequent reply. The decision-making board may communicate freely with City staff and its own legal counsel following the closure of the public hearing. 3. Following each public hearing the decision-making board shall reach a decision. The deliberations and final decision shall be conducted in an open meeting subject to the public scrutiny, and shall be made in a timely manner. 4. Decisions in such applications shall be accompanied by a written Reasoned Statement of Relevant Criteria and Standards which shall set forth the reasons for LAND USE – PUBLIC HEARINGS PROCEDURES 2017 PAGE 3 OF 5 the decision-making board's decision pursuant to Idaho Code. Reasoned Statement of Relevant Criteria and Standards shall be adopted by specific motion of the decision-making board. 5. The City shall maintain a transcribable verbatim record of all hearing proceedings pursuant to Idaho Code. LEGISLATIVE HEARINGS Purpose. To promote consistency and predictability when a legislative hearing is required for proposed changes to the land use regulations of the City pursuant to the requirements of Title 67, Chapter 65 of the Idaho Code. Not all considerations of City legislation requires a hearing. Because land-use ordinances have general application to the community and its members and because broad input is desirable, ex-parte contacts are not-forbidden in conjunction with a legally required legislative hearing process. A. Pre-Hearing Procedure. 1. A legislative hearing may be scheduled by request by staff or by order of the Chair of the Planning and Zoning Commission or by the Mayor or by a motion passed by a majority of the membership of the decision-making board involved. 2. Upon order, City staff shall cause to be published a public notice containing the nature of the proposed change contemplated to the land use regulations of the City and the time and place of the hearing. 3. A copy of the proposed change shall be made available to the public for inspection from the time notice is published to the time of the hearing. 4. Written comments may be forwarded to members of the decision-making board consideration any time prior to the close of comments at the hearing, as determined by the decision-making board hearing the matter. 5. All deliberations on matters which are the subject of legislative hearings shall be conducted in a properly noticed open meeting of the board considering the proposal. B. Public Hearing Procedure. 1. Testimony and other materials may be submitted in any form by any person interested in the legislative proposition, subject to rulings by the Chair concerning form, length, or relevance. All persons testifying at a legislative hearing should state their name and address prior to addressing the decision-making board. 2. A legislative hearing shall generally be conducted in the following order: a. Call to order and opening of the hearing. b. Introduction of hearing item and explanation of proposal and profer of evidence by City staff. c. Public testimony in support of the proposal. d. Public testimony in opposition to the proposal. e. Other testimony on the proposal. LAND USE – PUBLIC HEARINGS PROCEDURES 2017 PAGE 4 OF 5 f. Closure of the public hearing. g. Decision-making board deliberations without further unsolicited comment. 3. The Chair shall be free to vary the order of hearing procedures as necessary or desirable. C. Post Hearing Procedure. 1. The governing board makes a decision on the proposal. 2. Minutes shall be kept of all legislative hearings and said minutes shall be available for public inspection during regular business hours and personnel pursuant to Idaho Code. LAND USE – PUBLIC HEARINGS PROCEDURES 2017 PAGE 5 OF 5 RESOLUTION NO. 2017- A RESOLUTION OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, ADOPTING LAND USE – RELATED PUBLIC HEARINGS PROCEDURES AND PROVIDING THAT THIS RESOLUTION BE EFFECTIVE UPON ITS PASSAGE, APPROVAL, AND PUBLICATION ACCORDING TO LAW. WHEREAS, the City desires to provide consistency in the conduct of public hearings held in conjunction with the City process of regulating the governance, use, and development of land; and WHEREAS, the City wishes to protect the public interest and private rights of participants during the public hearings process in land use decisions; and WHEREAS, the City wishes to comply with the requirements of Idaho Code Title 67, Chapter 65, by the adoption of land use-related hearing procedures; and WHEREAS, the City desires to have a different process for quasi-judicial hearings and for legislative hearings that are required by the Idaho Code and City Code so that each type of hearing delivers sufficient, predictable, and consistent input to the decision-making body; and WHEREAS, the Council believe that adoption of this Resolution and the land use-related public hearings procedures herein is prudent, advisable, and according to law. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF IDAHO FALLS, IDAHO, AS FOLLOWS: 1. The City Council hereby adopts the “City of Idaho Falls, Idaho, Land Use – Related Public Hearings Procedures” attached to this Resolution as Exhibit “A”. ADOPTED and effective this ____ day of January, 2017. CITY OF IDAHO FALLS, IDAHO _________________________________ Rebecca L. Noah Casper, Mayor ATTEST: _________________________ Kathy Hampton, City Clerk (SEAL) LAND USE - RESOLUTION PAGE 1 OF 2 STATE OF IDAHO ) ) ss: County of Bonneville ) I, KATHY HAMPTON, CITY CLERK OF THE CITY OF IDAHO FALLS, IDAHO, DO HEREBY CERTIFY: That the above and foregoing is a full, true and correct copy of the Resolution entitled, “A RESOLUTION OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, ADOPTING LAND USE – RELATED PUBLIC HEARINGS PROCEDURES AND PROVIDING THAT THIS RESOLUTION BE EFFECTIVE UPON ITS PASSAGE, APPROVAL, AND PUBLICATION ACCORDING TO LAW.” _______________________________ Kathy Hampton, City Clerk (SEAL) LAND USE - RESOLUTION PAGE 2 OF 2 CITY OF IDAHO FALLS Fee Changes NOTICE IS HEREBY GIVEN that the City of Idaho Falls proposes to impose the following new fees and fee increases greater than 5% of such fees collected. The additional fees are necessary to cover increased costs in the City of Idaho Falls. Source of Fees Current Fees Proposed New Fees PARKS AND RECREATION 1. Golf Course(s) Fees – 6001, 6002, 6003, 6004, 6005, 6006 a. Golf Cart Rentals i. Private Cart Trail Fee per Rider 9 Holes $6.50 $7 ii. Private Cart Trail Fee per Rider 18 Holes $13 $14 iii. 11 Cart Punch Pass $64.38 $69.38 iv. 22 Cart Punch Pass $123.60 $133.60 v. Single Rider Cart Pass Annual $888.38 $918.38 vi. Two Rider (Family) Cart Pass Annual $1,100.56 $1,160.56 b. Sponsorship packages i. Eagle Pass/Punch Partner Sponsorship package $1650 ii. Birdie Pass/Punch Partner Sponsorship package $1095 iii. Par Partner Sponsorship package $795 iv. Junior Partner Sponsorship package $500 v. Tee Marker Sign Ad - all 3 courses $500 vi. Tee Marker Sign Ad #1 Request $200 vii. Tee Marker Sign Ad - Short Course $150 viii. Golf Cart Ad (June or July or August) $500 ix. Golf Cart Ad (May or September) $400 x. Golf Cart Ad (April or October) $250 xi. Golf Shop Monitor Ad (3 rotating months) $200 2. Recreation a. Rentals i. Candle Stick Rental $2 a day ii. Candle Stick Replacement $40 iii. A-Frame Rentals $5 a day iv. A-Frame Replacement $60 v. Posse Program Fees $30 per rider b. City Market i. City Market Membership $50 a season ii. City Market Member Rate $10 a week iii. City Market Non-Member Rate $20 a week c. Baseball/Softball Field Use $14 $16 per game d. Soccer Field Use $16 $16 per game 3. Wes Deist Aquatic Center Fees – 4803 a. Scouting i. Scout Instructor Fee $10 $13 ii. Scout Class – CPR Component to Any Merit $5 Badge iii. Lifesaving Merit Badge, First Aid Merit Badge $24.50 $30 b. Mermaid Birthday Parties $250 4. Sandy Downs – 2702 a. Stall/Arena Fees i. Horseback Riding Permit – Annual Family $50 per Family ii. Horse Walker Monthly $20 $25 5. Parks Rental – 2703 a. Shelters/Decks Daily: i. IF Resident Camping Fees for Special Events $50 per Resident ii. Non-Resident Camping Fee for Special Events $100 per Non-Resident iii. Camping Fees for South Tourist Park $15 per Night iv. Jenson Overlook Deck Area $50 $75 v. Water Spigot Deposit $75 $100 vi. Storage Fee for Banners $5 a day vii. Fencing for Ballfields $200 viii. Fencing for Events (Up to 200’) $100 $200 ix. Additional Fencing (After 200’) $0.20 a foot $0.25 a foot x. Pitching Mound Re-Build $150 xi. Large Tent (40’ x 90’) Rental $1,500 a day xii. Large Tent (40’ x 90’) 4-Wall Rental $500 a day xiii. Full Memorial Dr. Electrical Use $30 a day xiv. Melaleuca Field Rental $1,000 a day xv. Melaleuca Capital Surcharge $1 per Entry xvi. Melaleuca Field Partial Rental $400 Any person who desires to provide comments regarding such fee increases may appear at 7:30 p.m. on Thursday, March 9, 2017, at the City of Idaho Falls Council Chambers, City Hall Annex located at 680 Park Avenue, Idaho Falls, Idaho. s/ Kathy Hampton Kathy Hampton, City Clerk Published February 23 and March 2, 2017

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