City Council

Name: City Council — Idaho Falls, ID
Start: 2017-10-23
End: 2017-10-23
Location: Idaho Falls, ID

Regular Meeting

Idaho Falls, ID · October 23, 2017

Minutes

October 23, 2017 The City Council of the City of Idaho Falls met in Special Meeting (Council Work Session), Monday, October 23, 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: Councilmember Barbara Ehardt Councilmember David M. Smith Councilmember Ed Marohn Councilmember Thomas Hally Councilmember John B. Radford (arrived at 3:09 p.m.) Absent: Mayor Rebecca L. Noah Casper Councilmember Michelle Ziel-Dingman Also present: Robert Wright, Library Director Ryan Tew, Human Resources Director Mindy Moore, Human Resources Analyst Mark Hagedorn, Controller Dana Briggs, Economic Development Coordinator Brad Cramer, Community Development Services Director Kerry Beutler, Community Development Services Assistant Director Chris Fredericksen, Public Works Director Jackie Flowers, Idaho Falls Power Director Kerry Hammon, Public Information Officer Randy Fife, City Attorney Kathy Hampton, City Clerk Mayor Pro Tem Hally called the meeting to order at 3:01 p.m. with the following: Calendar, Announcements and Reports: October 26, Chamber of Commerce Advocacy Meeting October 26, Flu shots October 26, Halloween at the Library October 26, City Council Meeting October 26-28, Boo at the Zoo October 28, Real Heroes’ Trunk-or-Treat October 30, Halloween at the Library November 2, Chamber of Commerce Advocacy Meeting Councilmember Hally stated discussion will need to occur at the November 6 Council Work Session regarding the acceptance and/or modifications to Jackson Hole Junction Urban Renewal District. He indicated the Urban Renewal Plan has passed eligibility and has been accepted by the Idaho Falls Redevelopment Agency as well as the Planning and Zoning Commission. Councilmember Marohn had no items to report. Councilmember Smith had no items to report. Councilmember Ehardt had no items to report. Library Resolution Discussion: 1 October 23, 2017 Director Wright stated the resolution has been drafted per State Code and will help clarify the functions of the Library Board and the City. Mr. Fife stated the majority of the Library functions are independent of the City although some functions are overlapping. This resolution will allow the autonomy to be retained by the Library while showing the delegation of authority from the City relative to the Library and the Library Director. Mr. Fife stated this resolution will also allow the Mayor to approve contracts less than $50,000, as similar to other City departments, if approved by the Library Board. Director Wright stated the resolution clarifies that the Library belongs to the City and the trustees only act as stewards. Mr. Fife stated the trustees have reviewed and approved the resolution. This item will be included on the October 26 Council Meeting agenda. Proposed Changes to Vacation and Sick Leave Policies Discussion: Councilmember Hally noted all Councilmembers were requested to submit comments and concerns to the Human Resources (HR) Department. He then turned the presentation to Director Tew and Ms. Moore with general discussion throughout. Director Tew stated HR presented four (4) alternative vacation proposals during the July budget session as he believes potential City employees were declining City employment due to the benefit package. He indicated Council requested modification to the sick leave policy as well. Director Tew stated there is considerable interest with the employees. He is anticipating to approve an updated policy before year end with the current Councilmembers. Ms. Moore reviewed the current vacation policy and the proposed vacation policy stating a maximum of 240 hours (30 days) would be accrued. The current rollover is 184 hours (23 days) with a maximum cash payout of 368 hours. Councilmember Marohn believes vacation is for a use, it is not to be saved for a retirement account. He also believes there is an ability to attract new people to the City with an adequate vacation program. Brief discussion followed regarding extenuating circumstances of vacation accrual above the 240 hours. Ms. Moore reviewed the proposed sick leave policy. She stated sickness in family and serious sickness in family has been combined into one (1) policy. The proposed sick leave policy would have a maximum accrual of 1040 hours total. Employees with five (5) or more years of service may choose to annually convert sick leave into a HRA Veba account, transfer hours to vacation hours, or cash out hours. A balance of at least 120 hours must be left in the employee's sick leave bank. Brief discussion followed regarding PERSI retirement. Ms. Moore stated 69 employees currently exceed the 1040 sick leave hours. These employees would have the option to be grandfathered with the old policy or convert to the new policy. Mr. Hagedorn stated a one-time payout would be excluded with PERSI. Ms. Moore briefly reviewed comparisons of City of Idaho Falls benefits with other public entities. Mr. Hagedorn briefly reviewed historical payout of separated and retired employees for the previous five (5) years. He stated the sick leave cap and payout will allow future planning. He also reviewed the proposed annual sick leave payout (non- union) for the previous five (5) years. Mr. Hagedorn stated a contingency account has been established for retirement for the upcoming year. Director Tew believes current balances should be maintained and hours should not be taken away. He indicated Department Directors were in favor of the proposed policy. Following brief discussion, it was decided Council would prefer employee feedback prior to approving the proposed policy. Community Development Grants Committee Report: Ms. Briggs stated the Community Development Grants Committee has met on four (4) occasions during the previous months. These meetings included review of all applications for recommendations. Committee members consist of: Eric Leister, Bonnee Taggart, Ellie Hampton, Caroline (Buddy) Hall, Angie Lee, and Sunny Katseanes. Ms. Briggs reminded the Councilmembers the total funding cap amount was $130,000, with a $35,000 cap per applicant. She indicated a total of 19 applications were received with requested amount of $275,618.26. Ms. Hampton reviewed the following for recommendation with brief explanation/discussion throughout: FY2017/18 Applicants Amount Requested Amount Recommended Community Food Basket $35,000.00 $12,000.00 Idaho Falls Community Garden Association $8,200.00 $1,500.00 Behavioral Health Crisis Center $7,000.00 $6,000.00 2 October 23, 2017 Idaho Falls Historic Downtown Foundation $10,000.00 - The Eagle Rock Art Guild $2,350.00 $1,000.00 Greater Idaho Falls Chamber of Commerce $15,000.00 $10,000.00 Grand Teton Council $7,520.26 $1,300.00 The Haven Shelter (on behalf of Eastern Idaho Community Action Partnership (EICAP))* $10,500.00 - Idaho Falls Area Humanitarian Center $8,500.00 $8,500.00 The Center for HOPE $1,050.00 $1,050.00 Idaho Falls Symphony Society, Inc. $10,000.00 $3,000.00 Idaho Falls Arts Council $50,000.00 $23,000.00 Idaho Falls Downtown Development Corporation $3,900.00 $3,900.00 Museum of Idaho $50,000.00 $23,000.00 National Federation of the Blind $20,100.00 $3,500.00 Senior Citizens’ Community Center $12,000.00 $12,000.00 The Shepherd’s Inn $8,498.00 $4,250.00 Snake River Animal Shelter $10,000.00 $10,000.00 The Art Museum of Eastern Idaho $6,000.00 $6,000.00 Total $275,618.26 $130,000.00 *Mr. Leister stated the Bank of Idaho is in the process of updating several computers, therefore the Bank of Idaho donated the existing computers to The Haven. Ms. Briggs expressed her appreciation to the committee members. The committee expressed their appreciation to Ms. Briggs for her assistance with the process. Members of the committee believe this was an educational experience and were in favor of remaining on the committee. Ms. Hampton recommended budget information from the applicants should be included with the grant applications. Brief discussion followed regarding the total funding cap. Members of the committee indicated requests would be difficult to fund if the total funding cap was less than the $130,000. This item will be placed on the October 26 Council Meeting Consent Agenda. Area of Impact (AOI) Discussion: Director Cramer stated this is the final agreement language following several previous discussions. He reviewed the Planning and Zoning (P&Z) Commission recommended AOI map. He stated the map boundaries has minimal increase as Bonneville County wants to keep the years’ worth of growth low. He indicated the proposed growth will allow approximately 26 years of growth for the City. He also stated extensive discussion has occurred regarding extension of City utilities outside of City boundaries. Director Cramer stated the proposed agreement includes new sections to the agreement; new language related to the City of Idaho Falls; and, new language related to Bonneville County. He reviewed the following changes to the agreement with general discussion throughout: Comprehensive Plan: Idaho Falls should make minor adjustments to its Comprehensive Plan map within the AOI to be more consistent with Bonneville County’s Comprehensive Plan. Zoning Ordinance: Bonneville County should amend its Zoning Ordinance, within the AOI, to be compatible with Idaho Falls Comprehensive Zoning Ordinance. Subdivision Ordinance: Idaho Falls and Bonneville County Public Works Departments should review and compare City and County infrastructure standards and determine whether amendments are necessary to make the County standards compatible with City standards. Development Agreements: Development agreements for properties requesting a utility service from the City of Idaho Falls should include language requiring the property to be annexed upon the property becoming contiguous to the City’s corporate limits. Annexations: City of Idaho Falls should adopt a written annexation policy as part of the area of City impact agreement. Utility Extension: In its sole discretion, the City may offer to provide utilities to properties within the AOI. The cost to extend and connect shall be borne entirely by the applicant, developer, or recipient of the services unless otherwise agreed. Director Cramer believes there is no obligation for City buyout of electric services. Director Flowers stated State Statute indicates services are limited to City limits with a subsection provision regarding surplus capacity. She 3 October 23, 2017 also stated the agreement with Rocky Mountain Power (RMP) also limits the service territory to City limits, and City policy states there is a customer request buyout of 50% of the cost. She indicated annexations can remain on RMP. Mr. Fife believes there is a practical reason to annex related to further development of RMP. He also believes there is a difference between provisions of utilities and annexation relative to governance. Brief general discussion followed. Director Cramer stated if a property is eligible to be annexed at the time the service is requested, it must be annexed before the service is given. He believes there are no advantages to the City extending utility services except for future annexations as different locations of annexations vary. Director Fredericksen believes conversation may need to occur with the Local Improvement District (LID) for annexations related to City services as well as water issues. Existing Developments: When developments approved by Bonneville County are annexed into the City prior to completion of all phases, they may continue to develop remaining phases according to the standards established at the time of approval. If City utilities are requested, the City may require any necessary upgrades to utility infrastructure in order to meet City standards. City Review: For any development which includes utilities that will be connected to the City, Bonneville County shall forward all improvement drawings, development agreements, and final plats to the City for review and comment on those items that will be connected to City utilities or maintained by the City. If the City comments and corrections regarding utility infrastructure and connections are not made and enforced by Bonneville County and infrastructure is not built and inspected to City approved standards, the City may reject acceptance of the improvements and not provide utility service. Director Fredericksen believes connections occur more smoothly where the City and Bonneville County have a good working relationship. He also believes contiguous properties with existing services should be annexed prior to extending service outside of City boundaries and the developer should pay for these costs, not the City residents. Councilmember Radford believes there is value in annexation. Periodic Review: Bonneville County and the City P&Z Commissions should meet to review growth and development within the AOI, the City, and Bonneville County. If it is determined that minor changes are needed and jointly agreed to then a simple hearing schedule process may be used to make those changes. There were no changes to Administration and Enforcement; Renegotiation; Severability; and Effective Date. Director Cramer stated both P&Z Commissions have approved the proposed AOI agreement, the agreement will also require City and County approval. Mr. Fife believes an alignment of values has not previously occurred. Councilmember Hally prefers any annexations into City standards. Brief discussion followed regarding infill parcels. After additional discussion, there was consensus of the Council to proceed forward with the agreement. There being no further business, it was moved by Councilmember Marohn, seconded by Councilmember Ehardt, to adjourn the meeting at 5:52 p.m. s/ Kathy Hampton s/ Rebecca L. Noah Casper CITY CLERK MAYOR 4

Agenda

TO: Honorable Mayor Rebecca Casper and Idaho Falls City Council FROM: Robert Wright, Idaho Falls Public Library Director Date: October 19, 2017 RE: Library Resolution Honorable Mayor and City Council Members: Please find attached a copy of a resolution clarifying the relationship between the Mayor, City Council and the Idaho Falls Public Library Board of Trustees. The purpose of the resolution is to:  Help future Mayors, Council Members, City departments and Library Board Trustees understand the powers, duties, and responsibilities of the Idaho Falls Public Library Board of Trustees as it relates to the City.  Clarify that Library Trustees are acting as stewards of the City Library and that the Library building, grounds, materials, furnishings, books, etc. belong to the City of Idaho Falls.  Set a per item expenditure limit and reference other relevant City resolutions. RESOLUTION NO. 2017 – A RESOLUTION OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, GRANTING APPROVAL TO IDAHO FALLS PUBLIC LIBRARY BOARD OF TRUSTEES FOR CERTAIN LIBRARY BOARD PRACTICES; AND PROVIDING THAT THIS RESOLUTION BE EFECTIVE UPON ITS PASSAGE, APPROVAL AND PUBLICATION ACCORDING TO LAW. WHEREAS, pursuant to Idaho Code, Title 33 Chapter 26, the City authorizes and approves the Idaho Falls Public Library (Library) budget annually; and WHEREAS, the Library budget includes funding for various Library projects; and WHEREAS, the Idaho Falls Public Library Board of Trustees (Library Board) understands that all Library buildings, furnishings, materials, and other assets belong to the City; and WHEREAS, the Library Board acknowledges and affirms that it acts as steward of the City’s Library building, furnishings, materials, and other assets; and WHEREAS, the Library Board is granted, under Idaho Code Section 33-2607, authority to control and manage Library buildings, furnishings, materials, and assets; and WHEREAS, specific Council approval of Library Board practices is within the spirit and letter of Idaho Code Section 33-2607 and will promote City and Library efficiency and effectiveness. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF IDAHO FALLS, IDAHO, AS FOLLOWS: 1. The Idaho Falls Public Library Board of Trustees or their designee (including, but not limited to, the Library Director) is granted approval to make decisions concerning and exercise the following powers, duties, and practices: (a) To control and expend money budgeted for the Library, including costs of maintenance of all Library structures, facilities, furniture, library materials, apparatus, computers, and other appliances used exclusively to provide Library services not in excess of fifty thousand dollars ($50,000) per item; and (b) To accept or decline gifts of money or personal property not in excess of fifty thousand dollars ($50,000) in value, in accordance with Library policy and pursuant to the City naming policy established in Resolution 2017-20; and (c) To purchase personal property for Library use not in excess of fifty thousand dollars ($50,000) per item or contrary to City Resolution 2017-23; and RESOLUTION OF LIBRARY TRUSTEES DUTIES AND POWERS PAGE 1 OF 2 (d) To sell, exchange, or otherwise dispose of Library materials (including books, audio, and video recordings, written materials, etc.) when no longer required by the Library because such are, in the opinion of the Idaho Public Library Board of Trustees or the Library Director, surplus, duplicates, worn out, of little or no practical utility, or otherwise unneeded for Library purposes and disposal is accomplished pursuant to the City’s surplus policies established in Resolution 2015-01. (e) To exercise such other powers, not inconsistent with law, necessary for the orderly and efficient management of the Library. 2. Nothing in this Resolution shall alter or amend Idaho Code Section 33-2607. ADOPTED and effective this ___ day October, 2017. CITY OF IDAHO FALLS, IDAHO ________________________________ Rebecca L. Noah Casper, Mayor ATTEST: __________________________________ Kathy Hampton, City Clerk (SEAL) RESOLUTION OF LIBRARY TRUSTEES DUTIES AND POWERS PAGE 2 OF 2 Community Support Grant 10/23/17 Work Session Presentation Funding Parameters (determined by City Council):  $130,000 total City of Idaho Falls FY17/18 budget allocated for Community Support Grant  $35,000 maximum funding possibility per applicant Annual Grant Timeline:  Application Process Publicly Announced: May  Grant Application Open: June 1-June 30  Administrative Review and Processing: July  Citizen Committee Meetings: August-September  Idaho Falls City Council Discussions: October  Funds Announced and Distributed: November FY 2017/2018 Application Summary:  # Applications Received: 19  Total Amount Requested: $275,618.26 Community Support Grant Citizen Committee:  Purpose: detailed review and discussion of applications leading to funding recommendations made to the Idaho Falls City Council  2017 Committee Members: o Ellie Hampton o Caroline (Buddy) Hall o Eric Liester o Bonnee Taggart o Sunny Katseanes o Angie Lee City of Idaho Falls Community Support Grant About The Community Support Grant is managed by the Idaho Falls Mayor and City Council. The City of Idaho Falls makes grants within the guidelines provided and reserves the right to change the guidelines at any time. Exceptions to these guidelines are made solely at the discretion of the Mayor and City Council. Grant Eligibility The City of Idaho Falls Community Support Grants are awarded to publicly supported and tax-exempt nonprofit organizations, institutions, and public agencies within the grant service area. The grant service area is defined as Bonneville County, with substantive benefits to City of Idaho Falls residents. The City of Idaho Falls does not make grants directly to individuals. To be eligible for support, applicants must have written confirmation from the Internal Revenue Service of tax-exempt status under Section 501(c)(3), (c)(4), (c)(6) or (c)(19). School districts are eligible if within the service area. The grants are intended to supplement city services and/or support key community objectives relating to transportation, environment, community safety, science, education, arts and culture, and economic growth and vibrancy. The grant does not support: • Any church, sectarian, or religious society • Political or legislative action groups • Projects that have already been completed • Individual participation in trips, tours, workshops, contests, or competition • Specialized training • Scholarships • Annual fund drives Grant Submission The City of Idaho Falls reviews and makes grant selections annually. The grant cycle coincides with the city’s fiscal year which runs October 1-September 30. Grant cycles are publicly announced, and deadline dates can be obtained by contacting the City of Idaho Falls at (208) 612-8777, or by visiting the city website at www.idahofallsidaho.gov. Grant applications must meet the announced deadline to be considered. Grant Evaluation Grant funds are subject to availability in the City budget. City Council members will be looking for grant opportunities where funds will be used to support community priorities and further key governmental goals and functions as designated by city leaders. The Community Support Grant is a competitive process, and funding is not guaranteed to remain constant in future years. Applying organizations who 1 have received funding in the past are advised not to rely on Community Support Grant funds when forming annual budgets. The City of Idaho Falls considers the following factors when reviewing grant applications:  Economic Impact to the City of Idaho Falls  Eligibility - 501(c)(3), (c)(4), (c)(6) or (c)(19) letter of verification  Need addressed in proposal  Adequacy of the total project budget and timetable to achieve desired results  Extent and sources of other matching funds granted to applicant Grant Report Awarded organizations will be required to complete and submit a bi-annual grant report, to be evaluated by the Idaho Falls City Council. This report will be due twice a year, once between March 1 – 31, and again between September 1 – 30. The report will include a project timeline, budget and expenditure information, and achieved outcomes. A uniform template is provided to the awarded organizations for this report. Annual Timeline Application Process Publicly Announced: May Grant Application Open: June 1-June 30 Administrative Review and Processing: July-September Idaho Falls City Council Discussions: October Funds Announced and Distributed: November Contact Information Office of the Mayor 308 Constitution way Idaho Falls, Idaho 83402 (208) 612-8777 www.idahofallsidaho.gov 2 Grant Application Thank you for your interest in the City of Idaho Falls Community Support Grant. To start the grant process, please complete the following application. Carefully read and follow all instructions. If additional space is needed, please write “see attached” in the space provided and attach documentation when submitting the application. Organization Name Mailing Address City, State, Zip Contact Person Title E-mail Address Phone Cover Letter Signed and dated cover letter with grant year, amount requested (not to exceed $35,000), reason for request, and contact data. Please include the cover letter as an attached document when submitting the application. Internal Revenue Service Tax Exempt Letter The IRS tax except letter verifies that the organization is not a private foundation and is exempt from taxation under Section 501(c)(3), (c)(4), (c)(6) or (c)(19) of the Internal Revenue Service Code. Please include the letter as an attached document when submitting the application. Organizational Information Description of organization requesting funds including a summary of background, purpose, and organization objectives: 3 Past history (up to 5 years) of City of Idaho Falls grant requests in descending chronological order with amounts requested and granted: Explanation of other funding sources (outside City of Idaho Falls grant) that have been received or attempted: Are matching funds available if grant is awarded? If yes, at what percentage or amount of funds are matched and what organization is providing the matching funds? Funding Description Complete description of project, task, or goal funds are expected to be used for: Identification of specific outcomes related to project, task, or goal: 4 Timeline for implementation of funds including starting date and expected completion date: Itemized Budget Itemized project budget showing how major expenses are estimated and how grant funds are to be spent: Explanation of why requesting organization cannot assume the cost of the project from existing resources: Explanation of how project will be maintained after grant funds are expended: 5 Economic Impact What is the projected economic impact this project, task, or goal will have on the City of Idaho Falls or greater Idaho Falls community? Be as detailed as possible and include quantitative ($) data: Community Objectives Explain how the project will supplement city services and/or support key community objectives relating to transportation, environment, community safety, science, education, arts and culture, and economic growth and vibrancy. E-mail completed application and attached documentation to dbriggs@idahofallsidaho.gov E-mail subject line: Community Support Grant Application 6 Comprehensive Plan. The Bonneville County Comprehensive Plan shall apply to the area of impact. The Comprehensive Plan maps of each jurisdiction were reviewed and found to be generally compatible with each other. Idaho Falls should make minor adjustments to its Comprehensive Plan map within the area of impact to be more consistent with Bonneville County’s Comprehensive Plan, as outlined below. Future amendments to the City of Idaho Falls and Bonneville County Comprehensive Plan, within the area of impact, should be coordinated between Bonneville County and the City of Idaho Falls, where possible. Recommended changes to the Idaho Falls Comprehensive Plan map: 1. Idaho Falls should amend its Comprehensive Plan to reduce the size of the plan area to more closely match the boundaries of the area of impact. 2. Idaho Falls should amend its Comprehensive Plan in the area along Lincoln Road, generally between 15th East and 25th East to match the Bonneville County’s designation. 3. Idaho Falls should amend its Comprehensive Plan in the area south of Sunnyside, west of the Carriage Gate Subdivision to match the County’s “industrial” designation. 4. Idaho Falls should add a commercial node to their Comprehensive Plan map at the intersection of 65th South and 15th East. Zoning Ordinance. Bonneville County should amend its Zoning Ordinance, within the area of impact, to be compatible with Idaho Falls Comprehensive Zoning Ordinance, as outlined below. The amended Zoning ordinance of Bonneville County shall apply to the area of impact. Recommended changes to the Bonneville County Zoning Ordinance: 1. Add a minimum landscaping requirement of 20% of the total lot area as is done in the County’s C-2 Zone within the C-1, HC-1, P-B, I&M-1 Zones. 2. Remove hatcheries as an allowed use within the C-2 Zone. Subdivision Ordinance. The Bonneville County Subdivision Ordinance shall apply to the area of impact. The Idaho Falls and Bonneville County Public Works Departments should review and compare City and County infrastructure standards and determine whether amendments are necessary to make the County standards compatible with City standards within the area of impact. Development Agreements. Bonneville County should enter into development agreements with owners, tenants, and developers of property located within the area of impact. The purpose of these development agreements should be to address the implementation of standards for development in the area of impact, as agreed to by Bonneville County and the City of Idaho Falls. Development agreements for properties requesting a utility service from the City of Idaho Falls should include language requiring the property to be annexed upon the property becoming contiguous to the City’s corporate limits. Annexations. City of Idaho Falls should adopt a written annexation policy as part of the area of city impact agreement. Annexations to the City of Idaho Falls shall be in accordance with Idaho Code. When land is proposed for rezoning in the area of impact and such land is eligible for annexation per State Code, Section 50-222(i.e. is contiguous to city limits), Bonneville County should not approve requests for rezoning unless the applicant has filed a request for annexation and initial zoning, of a similar zone, to the City of Idaho Falls and the City has denied the request. Utility Extensions. In its sole discretion, the City of Idaho Falls may offer to provide utilities to properties within the area of impact. If such service is requested, the cost to extend and connect to such utilities shall be borne entirely by the applicant, developer, or recipient of the services unless otherwise agreed. The City should provide for a cost recovery program to reimburse the developer for installing new infrastructure that will be used by other future developments. As a prerequisite for service, any recipient of City utilities in the area of impact shall enter into a development agreement requiring the property to be annexed immediately upon the property becoming contiguous to the City’s corporate limits. Electric utilities may be provided pursuant to agreements with Rocky Mountain Power and Idaho Code. Existing Developments. When developments approved by Bonneville County, (including phased development), are annexed into the City of Idaho Falls, prior to completion of all of the phases, they may continue to develop remaining phases according to the standards established at the time of approval. If City of Idaho Falls utilities are requested, the City may require any necessary upgrades to utility infrastructure in order to meet City standards. Tax supported infrastructure shall be grandfathered upon annexation. Administration and Enforcement. Bonneville County shall be responsible for administration and enforcement this agreement. Final decision making authority in the area of impact shall be retained by Bonneville County. The Bonneville County Planning and Zoning Commission shall act as the Planning and Zoning Commission for unincorporated areas within the area of impact. The Bonneville County Commissioners shall appoint one resident of the City or its impact area as a representative to the Bonneville County Planning and Zoning Commission. The City Council may submit nominations for the Bonneville County Planning and Zoning Commission to the Chair of the Board of County Commissioners. At least twenty (20)days prior to the Bonneville County Commission or Planning and Zoning Commission taking action on an applications for rezones, conditional use permits, comprehensive plan changes, and subdivision plats, the Zoning Administrator of Bonneville County should submit those application materials to the City Community Development Services Department for review and comment. City Review. For any development which includes utilities that will be connected to the City of Idaho Falls utilities, Bonneville County shall forward all improvement drawings, development agreements, and final plats to the City of Idaho Falls for review and comment on those items that will be connected to City of Idaho Falls utilities or maintained by the City. The City of Idaho Falls will return comments to Bonneville County within fifteen (15) days of receipt. Bonneville County shall forward City of Idaho Falls comments to the applicant for corrections. If the City of Idaho Falls comments and corrections regarding utility infrastructure and connections are not made and enforced by Bonneville County and infrastructure is not built and inspected to City approved standards, the City of Idaho Falls may reject acceptance of the infrastructure improvements and not provide utility service to the development. Bonneville County shall allow the City to inspect any of the installed infrastructure for compliance. Renegotiation. Renegotiation shall follow the procedures outlined in Idaho Code Section 67-6526. Periodic Review. Bonneville County and the City of Idaho Falls Planning and Zoning Commissions should meet at least annually and on an “as needed basis” to review growth and development within the area of impact, the City of Idaho Falls, and Bonneville County. At such meetings the Planning and Zoning Commissions may recommend that Bonneville County and the City of Idaho Falls revise part or all of the area of impact agreement or to not revise the agreement. If it is determined by the two Planning Commissions that only minor changes are needed and are jointly agreed to by the two Planning Commissions then a simple hearing schedule process may be used to make those changes (rather than implementing the full renegotiation process). Severability. The provisions of this ordinance are severable. In the event, any provision hereof is determined to be unenforceable or invalid, such determination shall not affect the validity of the remaining provisions. Effective Date. This ordinance shall be in full force and effect from and after its execution by both the City and County and passage and publication as required by law.

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