City Council
Regular MeetingIdaho Falls, ID · August 6, 2018
Minutes
August 6, 2018
The City Council of the City of Idaho Falls met in Special Meeting (Council Work Session), Monday, August 6,
2018, 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 Thomas Hally
Councilmember Shelly Smede
Councilmember Jim Freeman
Councilmember Jim Francis
Councilmember John Radford (arrived at 3:03 p.m.)
Councilmember Michelle Ziel-Dingman (arrived at 3:03 p.m.)
Also present:
Brad Cramer, Community Development Services Director
Randy Fife, City Attorney
Kathy Hampton, City Clerk
Mayor Casper called the meeting to order at 3:00 p.m. with the following:
Calendar, Announcements and Reports:
August 7, Regulatory and Legislative Developments/Wireless and Public Power Utilities Webinar; and, Community
Night Out
August 9, Idaho Falls Power (IFP) Board Meeting; and, City Council Meeting
August 12-15, Utah Associated Municipal Power Systems (UAMPS) 23rd Annual Member Conference
August 16, City Employee Picnic; and, Special City Council Meeting
August 20, City Council Work Session
August 21, Idaho Falls Police Department (IFPD) No-Alcohol Night at the Chukars
August 23, City Benefits Fair; and, City Council Meeting
Liaison Reports and Concerns:
Councilmember Hally stated an upcoming Bonneville County Heritage Association event will commemorate
veterans. He also stated an IFP Assistant General Manager and a Human Resources (HR) staff member have been
hired.
Councilmember Smede stated numerous Community Development Services (CDS) items will be included on the
August 9 City Council Meeting agenda.
Councilmember Freeman stated construction projects are continuing, while additional construction projects are
forthcoming.
Councilmember Francis stated confirmation of the Fire Engine purchase from the July 30 Council Meeting was
received. He also stated the Senior Citizen Center is reviewing an energy audit.
Councilmember Radford reiterated the IFP Assistant General Manager.
Councilmember Dingman expressed her appreciation to those who attended the War Bonnet Roundup Rodeo. She
indicated ticket sales significantly increased from the previous year. Staff will have an after-event meeting including
discussion regarding the over-selling of seated tickets. Councilmember Dingman stated a Request for Qualifications
(RFQ) for the Comprehensive and Strategic Master Plan for the Parks & Recreation (P&R) Department has been
submitted, the proposal deadline is August 31. The P&R Commission will then make recommendations from the
RFQ for future Council approval. She also stated new signs were recently installed at several parks.
Annexation Law, Procedures and Purposes Discussion:
Mayor Casper stated during public hearings decisions need to be made on the central question and for the benefit of
the entire City, not by the emotion in the room. Therefore, she believes in the importance of regular training that may
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August 6, 2018
help the process become more efficient. Director Cramer concurred. He briefly reviewed previous Area of Impact
(AOI) discussions with Bonneville County regarding City services. He stated approximately 300 parcels studied were
receiving at least one (1) City service. Some parcels had agreements, some did not. He indicated the parcels receiving
utilities was a starting point for annexations.
Director Cramer presented the following with general discussion throughout:
Purposes of Annexation (State Code) –
To assure orderly development
Allow efficient and economically viable provision of tax and fee supported services
To enable orderly development of private land with access to services
To equitable allocate the costs of public services
Manage development on the urban fringe
Summary of Annexation Statute (Idaho Code § 50-222)
Category A: All landowners consent OR enclaved residential and <100 parcels.
Category B: <100 parcels regardless of whether landowners connected OR >100 parcel and owners of >50%
(based on land) have consent AND annexed land is subdivided into lots of five (5) acres or less, or owner has
begun to sell land in parcels of five (5) acres or less OR annexed land is completely surrounded by the City.
Director Cramer stated there has to be proof that the owner was trying to sell the land.
Category C: >100 parcels and owners of >50% (based on land) have not consented at outset.
All annexed land must be contiguous or adjacent to City (regardless of category). Director Cramer is hopeful there
will be no Category C annexations. He indicated Category A and Category B annexations could occur at the same
time. Councilmember Hally believes, from previous Councils discussion, annexation is the right thing to do. Director
Cramer believes there was not previous staff capacity as annexations require an enormous amount of staff time prior
to any presentation before the Council. Mr. Fife stated additional regulations were made by the State to prevent City
annexation without the proper procedures. Councilmember Francis questioned Category B annexation. Director
Cramer stated Category B requires a higher standard. He reviewed Implied Consent (State Statute) related to the
utility. He also briefly reviewed the publication requirements for annexation. He indicated the City cannot promise
power buyout with Rocky Mountain Power (RMP). Mr. Fife stated the City can explain the process of electric
services. He briefly reviewed pirating with other power utilities as well as the buyout process with RMP.
Councilmember Radford stated a recent buyout has occurred with the Prestwich Estates annexation. Director Cramer
stated that particular buyout process has been extremely helpful as additional annexations occur. Mayor Casper stated
the working agreement with RMP recently changed prior to these annexations. She indicated utility rates cannot be
determined, although she believes the value remains. Mr. Fife stated regardless of annexation, residents do not lose
their electric service. Director Cramer stated with regard to Category B, the City must annex if there is anything other
than residential land use that doesn’t consent. He also stated implied consent helps. If properties are not completely
surrounded by the City, staff must prove there was intent to develop at urbanized standard. Such information will be
provided by staff. Councilmember Cramer believes benefits of annexation may not be a new benefit as properties
already benefit from the City. He stated annexation is a legislative issue/decision. Questions directed to a particular
property or property owner are quasi-judicial matters, annexation is not. The annexation benefit is meant to be a
community decision, although there are individual benefits to a property owner.
Benefits of Annexation:
Access to fee-supported services maintained by the City rather than by private entities
Road maintenance by the City of Idaho Falls
Service by the Idaho Falls Police Department
Reduction in fire insurance rates
Provision and maintenance of Parks and Recreation facilities
Access to Idaho Falls Library
Street lights
Storm drainage and management system
Consistent building, zoning and code enforcement regulations and enforcement
Consequences of Not Annexing:
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When development continues to happen in the County now and be entered into the City later:
o More private investment is made on the private property, causing concerns about raised taxes
o Roads have deteriorated, while the City has not received tax dollars to maintain them
o Different development standards
Creates inefficient services
o Sherriff’s Office must serve County islands
o Public Works Departments have to agree to servicing the other jurisdiction’s roads
Creates inequity in taxation
o Neighboring properties in the City pay for City services, but also as County taxpayers have to pay
for the County to serve their neighbors
o Community facilities have more users who don’t contribute to the cost of maintenance
Mayor Casper reminded the Council that the public hearing is to only receive comments. Director Cramer believes
Bonneville County supports these island annexations. Councilmember Radford believes the momentum for
annexation needs to continue to make as equitable as possible for all taxpayers although he also believes the
annexation process may be difficult for some citizens. Director Cramer stated following the upcoming annexations,
70% of annexation will be completed. He noted any current land use will not change upon annexation. He stated the
annexation process is the most challenging task for staff. Councilmember Francis questioned future annexation
beyond the AOI. Director Cramer stated caution should be used when extending City services.
Public Hearing Procedures Discussion:
Mayor Casper stated the State has recently required adoption of consistent standards for public hearings. Mr. Fife
stated the Local Land Use Planning Act (LLUPA) also requires some form of procedures. The City typically holds
quasi-judicial hearings and legislative hearings:
Quasi-judicial – ex parte contacts, personal investigation, or research are prohibited in this type of hearing
Legislative or Informal – ex parte contacts are not prohibited in this type of hearing
Mr. Fife stated legislative hearings will include broad input from many sources, including cities, counties, etc., to
ensure proper regulation. After the law is created and applied, it becomes a quasi-judicial matter in which the Council
then becomes the judge. At that point, the Council needs to ensure the same evidence and facts are seen prior to
making a decision which should be included in the official record. Those laws are then applied as development occurs.
Mr. Fife recommended flexibility for a good decision product. He stated the general rules have been included in a
resolution and any changes could be made as needed. The resolution also includes a substantive and procedural due
process of law. The procedures would clarify the guidelines for everyone involved. Following brief comments, minor
edits were made to the procedures. Mr. Fife reviewed the connection of the Planning & Zoning Commission minutes,
Reasoned Statements of Relevant Criteria and Standards, and the public hearing procedures. General comments
followed regarding staff reports and Reasoned Statements of Relevant Criteria and Standards. This item will be
included on the August 9 City Council Meeting agenda as a resolution.
There being no further business, the meeting adjourned at 4:38 p.m.
s/ Kathy Hampton s/ Rebecca L. Noah Casper
CITY CLERK MAYOR
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Agenda
Annexation Law, Procedures, and Purposes
Law and Procedures
Idaho Code Section 50-222 establishes the law and procedures relevant to annexation by cities. The
purpose for annexation as described in the statute is, “that cities of the state should be able to annex
lands which are reasonably necessary to assure the orderly development of Idaho’s cities in order to
allow efficient and economically viable provision of tax-supported and fee supported municipal services,
to enable the orderly development of private lands which benefit from the cost effective availability of
municipal services in urbanizing areas and to equitably allocate the costs of public services in
management of development on the urban fringe.”
There are at least 5 purposes of annexation listed in the above statute:
To assure orderly development
Allow efficient and economically viable provision of tax and fee supported services
To enable orderly development of private land with access to services
To equitably allocate the costs of public services
Manage development on the urban fringe
Categories of Annexation. There are three categories of annexation in Idaho: A, B, and C. Category A is
fairly straight forward in terms of when it applies and how the procedure works. However, there are
multiple situations in which an annexation could qualify as a B or C. The chart on the following page comes
from Givens Pursley’s Land Use Handbook. It concisely summarizes the three categories of annexation.
Required Procedures. Annexations are a legislative action, not a quasi-judicial action, even though a
public hearing may be held. As shown on the chart, Category A annexations only require a straight
forward passage of an ordinance. It does not require a public hearing, although the jurisdiction may
elect to hold one. This is true whether the annexation is requested by the land owner or initiated by the
city. Category B and C annexations, on the other hand, require a public hearing before the Planning and
Zoning Commission and the City Council. The hearing must follow the same rules and noticing rules
required by the Local Land Use Planning Act as other items such as rezones and conditional use permits.
In addition, Category B and C annexations require the preparation of an annexation plan where the city
must outline:
1. How the City will provide tax-supported services to the area annexed
2. The changes in taxation and other costs which will result if the property is annexed
3. How the City will provide fee-supported services to the area annexed
4. A brief analysis of how annexation will affect the entities currently providing services to the
property
5. The proposed future land use plan and zoning designations for the area annexed
Purposes of Annexation
The statutory purposes of annexation are listed above. Cities annex to ensure and enable orderly growth
and development. The statute also repeatedly mentions the provision of city fee-supported services as a
reason for annexation. Fee supported services are things like sewer, water, and power. Typically, these
are services provided by cities, not counties and therefore there it is normal and responsible for urban
development to occur in cities. In recent public hearings, however, even property owners receiving those
services have asked, “how will I benefit from annexation?” The points below outline the benefits of
annexation to Idaho Falls. Please note that some of these benefits are already being derived by the
property owners in the County.
Access to fee-supported services including water, sewer, and power
o Having those services maintained and operated by the City instead of private services
such as wells and septic tanks
Road maintenance, including snow removal, by the City of Idaho Falls
Service by the Idaho Falls Police Department
o Reducing the number of County “island” areas the Sherriff’s Department must serve
Reduction in fire insurance rates
Provision and maintenance of Parks and Recreation facilities
o City residents receive a reduced rate to such facilities that charge fees such as the zoo and
golf courses
Access to Idaho Falls Library (if contract for non-city residents were to go away OR if even with
annexation the $58 annual fee for county residents goes away)
Street lights
Storm drainage and management system
Consistent building, zoning, and code enforcement regulations and enforcement
The higher taxes paid after annexation go mainly towards benefits already being provided either to the
property owner or in the immediate area. In conjunction with the City providing more service to these
properties, the County, fire district, and other entities don’t have to provide service to these “islands”
thereby reducing their overall demand and increasing their overall efficiency.
Mayor Casper
Michael Kirkham, Assistant City Attorney
August 3, 2018
Idaho Falls Public Hearing Procedures
The Legal Department has taken the current public hearing procedures and updated and
clarified them so that they are more readable and friendly to Idaho Falls residents.
RECOMMENDED ACTION: To adopt the attached public hearing procedures that help
update and clarify the existing procedures from time to time by Resolution of the Council.
IDAHO FALLS PUBLIC HEARING PROCEDURES
A. Quasi-Judicial Hearing.
Note: Ex parte contacts, personal investigation, or research are prohibited in this type of
hearing.
1. Preliminary
a. The Chair announces the agenda item, including the purpose and subject of the
hearing.
b. The Chair should ask if any member wishes to declare a conflict. Members of the
body should reveal a conflict, if there is one. That member may either reveal the
conflict and participate or they may recuse themselves (and move off the dais)
until the next agenda item is considered. A member of the decision-making body
with a potential conflict should consult the City Attorney’s office before the
agenda item is considered. Discussion with the City Attorney regarding potential
conflicts will normally insulate the member from legal liability.
2. Hearing
a. The hearing begins with an announcement to that effect from the Chair and
BEFORE the staff presentation.
b. The staff presents the matter and asks the Chair to accept staff proffered materials
as part of the hearing record. The staff presentation and all questions and answers
by staff should be “on the record.” Members of the body should ask all of their
questions to staff prior to public testimony, if possible.
c. The Chair then gives an opportunity for the applicant and/or the applicant’s
representative to present the applicant’s testimony and supporting materials.
d. Next, the Chair gives an opportunity for presentation of any supporting opposing,
neutral or mixed testimony and materials/evidence (positive or negative).
e. Finally, the Chair gives the applicant an opportunity to rebut or to respond to or to
address matters brought up following the applicant’s presentation.
f. BEFORE the close of the public hearing, the Chair ensures, to the extent possible,
that all of the information that needs to be made part of the record and will
contribute to the decision, has been presented in the public hearing. This includes
questions to City staff, any written or other tangible materials presented, and
electronic communications received by the City, such as emails, photos, and the
like.
g. The Chair announces that the public hearing is closed.
UPDATED 6.14.18
3. Deliberation
a. Next, the Chair facilitates deliberation based on the only upon testimony,
materials, and/or information presented during the public hearing
b. If there is any discussion or consideration of matters that were not made part of
the record, the Chair should stop the discussion.
c. Note – Reopening hearing: The Chair and the decision-making body may decide
to reopen the public hearing for the receipt and inclusion of materials and/or data
that was not made part of the record (in order to make sure that the consideration
of the issue is not based on any non-record data). If the hearing is reopened, the
applicant and others should be given the opportunity to comment on the new
information before the hearing is closed and deliberations are resumed.
4. Decision
a. Following deliberation, the Chair should entertain a motion to decide the
question, then a final decision should be made.
B. Legislative or Informal Hearing
Note: Ex parte contacts are not prohibited in this type of hearing.
1. Preliminary
a. The Chair announces the agenda items, including the purpose and subject of the
hearing.
2. Hearing
a. The hearing begins with an announcement to that effect from the Chair and
BEFORE the staff presentation, if any, and BEFORE any testimony is received.
b. The Chair accepts any written or other materials received by the City prior to the
hearing, as part of the hearing record.
c. The Chair gives an opportunity for all who wish to give testimony or materials to
present. Normally, the order of testimony should be those in favor, those opposed,
and then mixed or other comments.
d. BEFORE the close of the public hearing, the Chair ensures, to the extent possible,
that all of the information that needs to be made part of the record and will
contribute to the deliberation has been presented in the public hearing. This
includes any written or other tangible materials presented (before or during the
hearing) and includes electronic communications received, such as emails, photos,
and the like.
UPDATED 6.14.18
e. The Chair announces that the public hearing is closed.
3. Deliberation
a. The Chair facilitates a deliberation based upon any materials and testimony
included in the record of the hearing. Deliberation and discussion is not limited to
only materials and testimony presented because the purpose of such a hearing is
to give an opportunity for broad and extensive input on and consideration of the
topic.
4. Decision
a. Following deliberation, the Chair should entertain a motion to take legislative
action or take other action deemed appropriate.
UPDATED 6.14.18
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