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City Council

Regular Meeting

Idaho Falls, ID · September 10, 2018

AgendaMinutes

Minutes

September 10, 2018 The City Council of the City of Idaho Falls met in Special Meeting (Council Work Session), Monday, September 10, 2018, in the Council Chambers in the City Annex Building located at 680 Park Avenue in Idaho Falls at 3:00 p.m. Call to Order and Roll Call: There were present: Councilmember Thomas Hally Councilmember Jim Francis Councilmember John Radford Councilmember Michelle Ziel-Dingman Councilmember Shelly Smede Councilmember Jim Freeman Absent: Mayor Rebecca L. Noah Casper Also Present: Bear Prairie, Idaho Falls Power General Manager Stephen Boorman, Idaho Falls Power Assistant General Manager Pamela Alexander, Municipal Services Director Ed Morgan, Civic Center for the Performing Arts Manager Greg Weitzel, Parks and Recreation Director Rob Harris, Holden Kidwell Hahn & Crapo, PLLC Ronnie Campbell, Parks and Recreation Superintendent Scott Davis, Cemetery Sexton David Pennock, Zoo Superintendent Chris Fredericksen, Public Works Director Bill Squires, Police Captain Melody Burnham Randy Fife, City Attorney Kathy Hampton, City Clerk Mayor Pro Tem Hally stated Mayor Casper is attending a National Clean Up Workshop. He called the meeting to order at 3:00 p.m. with the following: Acceptance and/or Receipt of Minutes: There were no minutes to accept. Calendar, Announcements and Reports: September 20, City Club September 24, City Council Work Session September 25, City Club; and Chamber Distinguished Under 40 Awards September 27, Idaho Falls Power Board Meeting; Chamber CEO Speaker Series; and, City Council Meeting September 28, Hoe Down for Habitat for Humanity; Maeck Ribbon Cutting October 5, Policeman’s Ball Liaison Reports and Concerns: Councilmember Dingman stated a ribbon cutting for the pathway renovations will be forthcoming. Parks and Recreation received Request for Proposals (RFPs) for a Comprehensive Plan, finalists have been interviewed. The Airport Open House was well attended. Councilmember Radford believes the Parks and Recreation Department needs a Comprehensive Plan for the entire City. He expressed his concern regarding the S. Boulevard project and questioned the process on the striping. 1 September 10, 2018 Following lengthy discussion, there was consensus to include ‘Discussion of recommendations to staff regarding the form of communication on the South Boulevard project’ to the September 13 Council Meeting Agenda. Councilmember Francis stated Fire Station 1 is a finalist for a top project in the State. He also stated a cooperative meeting regarding Fire Department Training will be held on October 16. Councilmember Freeman stated the construction season is ongoing, he briefly reviewed construction projects. He also stated the Idaho Falls Police Department has hired two (2) new dispatchers and four (4) new police officers. Councilmember Smede stated School District 91 is excited to have an additional School Resource Officer. She also stated Community Development Services (CDS) staff will be attending the Idaho American Planning Association (APA) Conference in October. The Library Board Meeting will be held September 27, the Library is moving forward with building renovations. Power Easement Assignments: Director Prairie introduced Mr. Boorman. He stated in the past Idaho Falls Power (IFP) had the need to build two (2) new distribution lines out of the Westside Substation. West 17th South has Bonneville County on the south side and City on the north side. Director Prairie stated options have been discussed including an overhead line versus going underground, and joining with Rocky Mountain Power (RMP) on the south side. He indicated RMP didn’t have enough easement to accommodate both lines, therefore the City obtained easements to accommodate both lines. Mr. Fife clarified that RMP will be given a portion of the easements so they can accomplish work within the easement. Director Prairie indicated IFP will be installing new poles. Mayor Pro Tem Hally stated this item will be included on the September 13 Council Meeting agenda as a Consent Item. Child Care Ordinance Revisions: Director Alexander briefly reviewed Title 6, Chapter 3, which currently allows the City to offer a temporary child care license. She stated the State now requires a cleared criminal background check prior to licensure and the State is now requiring the City to have the same stringency. Therefore, Title 6, Chapter 3 will be amended to remove the temporary child care licensing component to be compliant with the State Statute. Councilmembers Radford and Dingman indicated the City must comply with State Statute. Councilmember Radford questioned repeal of the ordinance and just refer to the State Statute. Mr. Kirkham indicated that particular discussion can occur at a future Work Session. Councilmember Freeman expressed concern regarding the upcoming appeal hearing. Mr. Fife reiterated the need for additional Council discussion regarding the child care ordinance. This item will be included on the September 13 Council Meeting agenda. William J. & Shirley A. Maeck Family Foundation Pledge Idaho Falls Civic Center for the Performing Arts: Director Alexander stated the Maeck Family Foundation has requested to pledge no more than $257,000 to help install a gala mechanical orchestra lift at the Civic Center for the Performing Arts. She indicated the mechanical lift was not included on the list for renovations for the facility. Director Alexander stated the Civic Center is approximately $46,000 ahead of renovations with current bids, therefore those savings can also be applied to the gala lift. This item will be included on the September 13 Council Meeting agenda. Noise Park Water Rights Purchase Agreement: Director Weitzel introduced Mr. Harris. Mr. Harris reviewed a water rights map and indicated that moving the water rights will work well. He stated the Purchase and Sale Agreement purchases 15 acres of water which is important for the future of Noise Park. Mr. Harris stated a 10% down payment is required at which time the application will be submitted to the Department of Water Resources. The water rights have to be moved without protest or other issues in order for the agreement to close. The agreement also includes provisions to allow the City to withdraw if there are issues or protests that are too great to overcome. Mr. Harris stated water is important to the State and he believes this is a good opportunity. Mr. Campbell stated Noise Park is currently limited to dust abatement only, and the future of Noise Park is dependent upon water. Director Weitzel stated the 15 acres of water rights will be adequate for the next 10-20 years of development at Noise Park, including an RV park. Councilmember Dingman stated water is the foundation for any growth at Noise Park and amenities, such as an RV Park, and is needed to draw people. Mr. Harris stated the water right will be included in the City’s portfolio of Water Rights. He also stated the 10% down payment and the closing won’t occur until all the improvements are completed, this will allow flexibility with the budget as 2 September 10, 2018 the final funding will not occur until the following year. Director Weitzel stated this item was not included in the current year’s budget although there are savings in the budget for the 10% down payment. He indicated the final payment will be included in next year’s budget. Comprehensive and Strategic Master Plan: Director Weitzel stated the Comprehensive and Strategic Master Plan is the combination of two (2) plans with the purpose to guide development and the management of parks, recreation programing, open space, trails, and facilities. He also stated this plan will give data driven recommendations so the Council has the data to make the decisions that are necessary for the community, as well as identifying partners that can assist with the financial burdens. Director Weitzel stated the Comprehensive Plan is the long-term vision (20 years) and the Strategic Plan is the five-year guide with exact steps. He indicated this plan will lead to Commission for Accreditation of Park and Recreation Agencies (CAPRA) accreditation to ensure standards are being followed with respect to cemeteries, golf courses, park maintenance, recreation programs, etc. He emphasized this will be a public process. He indicated Parks and Recreation will begin the negotiation process with the most qualified firm following a RFP. Brief discussion followed regarding the Tautphaus Park Master Plan and the difference between the Master Plan and the Comprehensive Plan. Councilmember Dingman suggested publicizing what has been accomplished with the Tautphaus Park Master Plan. Director Weitzel indicated this plan will be similar to the Connecting Our Communities Plan. This item will be included on a future Council Meeting agenda. Zoo Education Center Change Order: Director Weitzel briefly reviewed the 2015 resolution regarding change orders and the amount required for Council approval. He stated Mayor Casper previously signed a change order for $68,089 and because it is over the amount specified in the resolution, the Council will need to ratify the change order. This item will be included on the September 13 Council Meeting agenda. A discrepancy in the amount presented was noted, Director Weitzel will review the amount. Director Weitzel indicated there are funds available in the budget for the change order. Mr. Pennock noted construction has been delayed due to the storm water issue. Cemetery Discussion and Ordinance Review: Mr. Davis stated changes to the cemetery ordinances have not occurred for several years. Director Weitzel stated new definitions and procedures have been included in the ordinance revision. Mr. Davis stated the amended ordinance will give control back to the City and the sexton. He also stated the ordinance will clarify new burial procedures, decorations, burial protocol, etc. Director Weitzel stated the revision has been distributed to all the funeral homes. Mr. Davis stated he has been working on this revision for more than a year which has included research on other cemeteries and discussion with staff. He has also researched potential cemetery software. A request for this software will be included in next year’s budget. Snow Removal Funding Resolution Review: Director Fredericksen stated there are different components associated with snow removal, including the Street Division. He indicated there is an annual fund of $525,000 set aside to hire contractors for snow removal efforts. The budget line item hasn’t changed from 2008-2017 although the actual expenditures increase or decrease, depending on the snow year. Director Fredericksen stated $918,000 was expended in 2017. He also stated it would have been easier to fund the 2017 snow year if there was a resolution to set aside the funding for the excessive snow years. Director Fredericksen stated the intent of the resolution would be to achieve $1m in the fund that is dedicated for contractor snow removal, and Public Works would continue to budget $525,000 annually. He indicated once an excess of $1m is reached, and it’s a light snow year, the resolution would allow the excess funding to be disbursed to the General Fund after May 1 of each calendar year. This item will be included on a future City Council Meeting agenda. Child Care Worker License Denial Appeal: Councilmember Hally opened the appeal hearing for Ms. Melody Burnham. Captain Squires stated during Ms. Burnham’s background investigation for a Child Care Worker license, it was discovered an item revealed precluded her from receiving a license. Ms. Burnham stated in 2008 she was arrested for possession of a controlled substance with intent. She indicated she received intensive rehabilitation and successfully completed probation and received a 3 September 10, 2018 withheld judgment. She also indicated she has worked in the health care field for the past five (5) years and was surprised when this item was still on her record. Captain Squires indicated the statute doesn’t have a time limit. Councilmember Dingman briefly reviewed the code, stating “the license ‘may’ be denied, suspended or revoked . . .” She believes the “may be denied” legally gives the Council the ability to accept or deny the license. Mr. Fife believes the code should say “shall be denied” so there is not inconsistent application. Councilmember Francis questioned the incorrect completion of the Self Declaration statement. Councilmember Smede expressed concern by the lack of honesty in filling out the application. Ms. Burnham indicated she was instructed from Health and Welfare that she did not have to disclose the withheld judgment as it had been move than seven (7) years ago. Ms. Burnham’s criminal history was briefly reviewed by Captain Squires. Following general discussion and comments, it was moved by Councilmember Freeman, seconded by Councilmember Radford, to grant Ms. Burnham’s appeal. Roll call as follows: Aye – Councilmembers Radford, Freeman, Smede, Dingman, Hally. Nay – Councilmember Francis. Motion carried. Appeal granted. It was then moved by Councilmember Freeman, seconded by Councilmember Francis, to adjourn the meeting at 5:20 p.m. and move into Executive Session. The Executive Session is being called pursuant to the provisions of Idaho Code Section 74-206(1)(c) to acquire an interest in real property which is not owned by a public agency. The Executive Session will be held in the City Annex Conference Room. At the conclusion of the Executive Session the Council will not reconvene into regular Work Session. Roll call as follows: Aye – Councilmembers Hally, Radford, Francis, Dingman, Smede, Freeman. Nay – none. Motion carried. The City Council of the City of Idaho Falls met in Special Meeting (Executive Session), Monday, September 10, 2018, in the City Annex Conference Room in the City Annex Building located at 680 Park Avenue in Idaho Falls, Idaho at 5:26 p.m. There were present: Councilmember Michelle Ziel-Dingman Councilmember John B. Radford Councilmember Jim Francis Councilmember Jim Freeman Councilmember Shelly Smede Councilmember Thomas Hally Also present: Chris Fredericksen, Public Works Director Greg Weitzel, Parks and Recreation Director Randy Fife, City Attorney This Executive Session was called pursuant to the provisions of Idaho Code Section 74-206(1)(c) to acquire an interest in real property which is not owned by a public agency. There being no further business, the Executive Session adjourned at 5:37 p.m. s/ Kathy Hampton s/ Rebecca L. Noah Casper CITY CLERK MAYOR 4

Agenda

PARKS AND RECREATION COMMISION MINUTES Monday, June 4, 2018 ACTIVITY CENTER 12:00 Noon ATTENDANCE In Attendance: G. Weitzel, D. Pennock, B. Lee, T. Hersh, J. Forbes, P. Lloyd, K. Hope, M. Hill, J. Hammon, B. Martin, R. Campbell, P. Holm, B. Combo Members not in attendance: K. Millgate, J. LoBuono, D. Radford, W. Johnson APPROVAL OF MINUTES B. Lee motioned to approve the April 2018 minutes. M. Hill seconded. All in favor. Director’s Report – G. Weitzel G. Weitzel reported on the following:  The major budget requests by each division, including a new fleet for Sage Lakes Golf Course.  The accreditation for the zoo that occurs every five years. D. Pennock then explained to the board the expenses entailed in preparations for accreditation.  The capital improvement requests such as: a rock garden restroom, Funland acquisition, purchase of water rights from Walker Farms, Tautphaus road redesign and repair, bleacher modifications, the pathway near Pinecrest, Skyline tennis courts, a new spray park, the Idaho Canal Trail project design, deck replacement at Sportsman’s Park, Heritage Park electric line relocation, etc.  The Reinhart Park pool demo by Rhodehouse Construction being planned.  The playground community build event scheduled at Freeman Park on Friday, June 29th.  Multiple ordinance amendments that will be taken care of.  Purchase of property on Dunbar from the LDS Church to use as a mid-size ball field.  The Groberg pocket park deed transfer.  The zoo construction beginning the second week of June.  The Heritage Park Development project and some inconsistency with delivery of materials that is being remedied.  The East Side Greenbelt Pathway Project update.  Greg will be speaking at the National Conference on signage and wayfinding. He was also elected to the National Parks and Recreation Board of Directors.  The Idaho Irrigation District presentation. DEPARTMENT REPORTS Zoo – D. Pennock D. Pennock reported on the following:  The new Golden Lion Tamarins at the zoo.  The new Maeck Education Center and the groundbreaking event.  Making the zoo gift shop ADA compliant.  The “Dream Night” zoo event for terminal children.  The near record attendance of zoo visitors in May.  The zoo hosted 110 field trips for 6041 people.  The exploration stations at the zoo.  The second annual Stem Day had 1500 attendees.  Migratory and Endangered Species Day at the zoo.  The amount of animal exchanges our zoo participates in and the benefits of these exchanges. Recreation Center – P.J. Holm P. Holm reported on the following:  The Recreation Department budget has been finalized.  Special events, including the Farmer’s Market, Cinco De Mayo, etc.  The Ryder Park bike trails being built.  The “Bike Month” opening social and the Mayor’s ride.  The Fourth of July fireworks.  The float that our department will have in the parade this year.  The Innovative Therapeutic Riding Program that we are assisting.  The Recreation Center and Aquatic Center monthly report numbers.  The first “Movie in the Park” event that starts the second Friday in June. Parks/Cemeteries – B. Martin B. Martin Reported on the following: For Horticulture:  The spring preparations in the flower beds.  The City’s new plan for “smart scaping” called Xeriscaping.  The volunteer event with the Rotary Club where they planted 600 new perennials at Taylor’s Crossing.  The Arbor Day Celebration.  They have planted 185 trees.  The continued work on the topiary animals. For Parks Maintenance:  They are working on the large dog section of the dog park, including grass, the concrete entrance, etc.  They finished restoring the pump house water tower at the D St. underpass and Yellowstone.  Field prep: line painting and harrowing for baseball, softball, and soccer.  The labor expended thus far for special events such as hauling tables and bleachers.  The installation of new bulletin boards in various locations.  They installed new siding at Old Butte and Freeman.  They installed and removed over 150 banners.  They removed fence panels at Vissing Circle and for the East Bank pathway paving project.  Welded Sandy Downs hand rails and parts on the water truck at Noise Park. For Cemetery:  The report on burials and cremations.  The repair of the water lines.  They sodded 112 graves, fixed 10 headstones, and hauled 52 loads of gravel.  Removed four trees and bushes. Golf – T. Reinke (absent) Report by T. Hersh T. Hersh reported on the following:  He advised that we are about $40,000 behind in revenue compared to this time last year, but since we were $120,000 behind after March we have made up much ground.  The Dixie’s Diner Tournament that was held at Pinecrest, and upcoming tournaments.  Pro shop sales and the marketing campaign with I.E. Productions.  Family Day which will be held June 9th at Pinecrest.  Still waiting to find out if we get the funding for the sprinkler system at Pinecrest.  Golf fee increases. Bonneville County – D. Radford (Absent – No Report) School District 91 – P. Lloyd P. Lloyd reported on the following:  The fall practice schedules have been coordinated with the Recreation Center staff. School District 93 – W. Williams (Absent – No Report) Shade Tree Committee – M. Hill Matt Reported on the following:  The Arbor Day event was a success and he thanked Dixie’s Diner for feeding the kids that attended.  The tree farm at Old Butte Park.  He advised that Wayne Jones is interested in being reappointed to the Shade Tree Committee. Meeting adjourned at 12:52 Next meeting will be held July 2, 2018. Recorded by: Tracy Sessions, Clerk, Parks & Recreation PARKS AND RECREATION COMMISSION MINUTES Monday, August 6, 2018 ACTIVITY CENTER 12:00 Noon ATTENDANCE In Attendance: B. Combo, M. Dingman, D. Pennock, T. Hersh, B. Lee, K. Hope, D. Radford, K. Millgate, M. Hill, B. Martin, R. Campbell, G. Weitzel, P. Holm Members not in attendance: J. Forbes, J. Hammon, J. LoBuono, P. Lloyd, W. Johnson PUBLIC COMMENT  Brenda Dawson commented on the petition for a splash pad at Reinhart Park. She offered her assistance in helping the Parks and Recreation Commission in any way she can to get a spray park in Idaho Falls. She explained the frustration of citizens on the Westside of town having to drive to Ammon’s small and overly used spray park, or having to journey to Rexburg to enjoy a pool or water feature.  Michelle Bluemel also commented on people’s frustration that there are no water attractions on the Westside of town and that she believes that Reinhart Park is not being used to its full potential. APPROVAL OF MINUTES T. Hersh motioned to approve the June 4, 2018 minutes. K. Hope seconded. All in favor. PARKS AND RECREATION COMMISSION ORDINANCE – M. DINGMAN M. Dingman reported on the following:  There will be a change of the Parks and Recreation Commission agenda moving forward. The Parks and Recreation Commission ordinance was reviewed and M. Dingman reiterated that the board needs to work more closely with the Parks and Recreation Director and the City Council in making actual tangible changes that will benefit our community. The ordinance was referred to several times. She highlighted the “Duties” definition in the ordinance to clarify her point that the board must adhere to this definition.  It was decided that no further time consuming member reports will be made by superintendents and board members. All reports will be summarized by G. Weitzel hence forth. There was a positive comment by each board member on these changes.  She advised that the City Council already committed to a splash pad several years ago when it was being planned for a Memorial Drive location. There was discussion.  She advised the City Council needs the guidance of the Parks and Recreation Commission on a location for the splash pad. PARKS AND RECREATION SYSTEM MASTER PLAN RFQ – G. WEITZEL G. Weitzel reported on the following:  The Request for Qualifications packet was passed to the board and reviewed. The Parks and Recreation Commission will be selecting a consultant team and then working with them to come up with a parks plan for the next five, ten, to twenty years. He discussed the scope of the plan and advised that this strategic future Master Plan is to guide clear decisions on present and future maintenance of a world-class parks and recreation system.  He advised the dates of the consultant selection schedule.  He anticipates a public meeting before the new year.  He recommends citizens who are interested in the department’s future park plans to visit www.ifparksplans.com. REINHART POOL PETITION – G. WEITZEL G. Weitzel reported on the following:  The spray park petition on Change.org and the Post Register poll regarding the park.  The funding in the budget for the spray park.  The decisions that will need to be made on the location or locations for splash pads in the future, and that we will need feedback from the community on their wants and needs. CALL FOR AGENDA ITEMS Meeting adjourned at 12:52 Next meeting will be held September 10th, 2018. Recorded by: Tracy Sessions, Clerk, Parks & Recreation Idaho Falls Sister Cities Youth Meeting August 13, 2018 Attendees: Cameron Archer Melinda Cebull Mario Estrada Kendra Peck Jackie Sugai David Archer Nicholas Cebull Victoria Estrada Dallin Peck Ness Villasenor Max Benjamin Peter Cebull Aliyah Gamino Nathan Peck Elliot Boring David Eaton Vina Gamino Jacobi Retallic Maggie Boring Katie Eaton David Matranga Laurie Retallic Wendy Boring Kylie Eaton Delsina Matranga Michelle Retallic Business Section of the Meeting Minutes: The July 17th meeting minutes were provided to the group by email. Kendra motioned to approve the meeting minutes and Katie seconded her motion. Treasurer’s Report: Peter provided the treasurer’s report. The initial balance was $41,331.17 and the current balance is $16,643.73. The group received a $300 donation from the Sugai family and $1.54 in dividends. The group paid $24,985.98 in airfare payments and $3.00 in mistaken bank fees which will be refunded. Japan Exchange: The adult delegation will be hosting Japanese in October. They have asked us to host a meal during the visit. Dave asked the group which date would work best between October 10th, 11th, and 12th. The group decided on the 10th. The group decided to do a taco bar again this year. Japan Slide Show Kendra ran a slide show Haruka put together for us with pictures from the summer exchange. Travel Reimbursements Dave said he has collected most of the badges and surveys and given out the travel reimbursement checks. If you have not turned in your survey and received your reimbursement check, please contact Dave Eaton. Friendship Garden Work Day: Judy would like to have the group help stain the fence at the Friendship garden. Please wear older clothes because the stain will not wash out. Judy will provide all of the tools needed. She will also provide pizza when we finish. We will meet at the Friendship garden on Wednesday 8/22 at 7 p.m. to help. The following people signed up to help at the meeting. Aliyah Gamino Vina Gamino Nicholas Cebull Melinda Cebull Nathan Peck Kendra Peck Jackie Sugai Kylie Eaton Sophia Stolworthy Elliot Boring Maggie Boring If you did not sign up but want to help, just let Dave know. JACL Bento Box Fundraise: The JACL has asked our group to help with their bento box fundraiser. The fundraiser will be on October 20th. We usually have two shifts one from 8 a.m. to 11 a.m. and another from 11 a.m. to 2 p.m. The group agreed to help. Next Meeting Dates: Our September meetings are on the 5th and 17th. Meeting dates can be found on our website at http://youth.if-sc.org/ Recruiting Activities: Dave asked for suggestions on recruiting activities. People mentioned putting up flyers at different schools and possibly scheduling lunch time meetings to recruit new members. Japanese Lessons: Kendra asked which of the students were going to continue to take Japanese lessons from Junko. Kendra will provide the information to Junko. Student Activity: The students who went to Japan this summer talked about what they liked most about Japan. A motion to adjourn was made by Mario and seconded by Ness. ORDINANCE NO. _________ AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, TO ADOPT CHANGES TO TITLE 8, CHAPTER 11 TO INCLUDE CHANGES IN VARIOUS DEFINITIONS, REGULATIONS OF GRAVE LOTS AND SPACES, GRAVESTONES, BURIAL SCHEDULES, OWNERSHIP PROCESSES AND DISINTERMENT; PROVIDING SEVERABILITY, CODIFICATION, PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE. WHEREAS, the City owns and controls the Rose Hill Cemetery and the Fielding Memorial Park within City’s limits; and WHEREAS, cemeteries are meant to provide a beautiful, peaceful, restful, aesthetically pleasing, and well run space where the remains of friends, loved ones, neighbors, community members, and others may be interred or preserved following their passing from this life; and WHEREAS, in order to maintain the quiet dignity and peacefulness of such cemeteries, the City has created within the City Code a Chapter controlling cemeteries; and WHEREAS, a review of this Chapter has opened up the opportunity to bring more consistency and predictability to cemetery uses and procedures; and WHEREAS, the Council desires to adopt these changes in order to continue well-reasoned cemetery processes and practices (including ownership, maintenance, control, and revisions of burial lots and spaces); and WHEREAS, the changes proposed accomplish the needs of the City and those persons interested in utilizing the City’s cemetery services. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF IDAHO FALLS, IDAHO, THAT: SECTION 1. Title 2, Chapter 9, of the City Code of the City of Idaho Falls, Idaho, is hereby amended as follows: 8-11-1: DEFINITIONS: Burial: the placement or interment of human remains in a burial space (e.g., full-body interment in a grave or crypt, urn of cremated remains in a niche, crypt or in-ground grave). Cenotaph: A monument or empty tomb honoring a person buried elsewhere. Disinterment: The removal of the buried remains of a deceased person. ORDINANCE – CEMETERIES 8.30.18 PAGE 1 OF 7 Grave: A below-ground burial space. Gravestone: Any object (such as a stone, plaque, headstone, monument, or monolith) identifying or marking a grave, gravesite, or burial place. Mausoleum: Any large, imposing burial place, where part of the structure is above ground. Niche: A shelf-like space in a columbarium structure used for burial. Sexton: The City employee authorized to be responsible for cemetery operations and any designee of the Sexton. Space: An individual space within a cemetery designated for burial. Vault: A container designed to enclose a casket or urn for burial. 8-11-21: CEMETERIES UNDER CONTROL OF CITY: The cemetery lying within the City, known as Rose hHill Cemetery, and the cemetery lying within the City, known as Fielding Memorial Park, shall be under the direct supervision and control of the City. 8-11-32: TITLE TO CEMETERY LAND: The title to all land located within Rose hHill Cemetery and Fielding Memorial Park, not heretofore transferred or conveyed by deed or certificate, shall vest in the City, and shall be transferred issued by a certificate executed by the Mayor and Clerk under the City seal of said City. Such certificate shall vest title to the lots spaces so conveyed or transferred to the purchaser, his their heirs and assigns, in fee simple, for burial purposes, only subject to such conditions as may be imposed or prescribed by the City. 8-11-43: TRANSFER OF LOT SPACE BY OWNER; TRANSFER FEE: A cemetery lot space may be transferred from one (1) person to another by surrendering the original or copy of original certificate, where available, to the Clerk, and requesting the clerk to issue a new certificate to for the new subsequent owner. The Clerk City shall issue a new certificate upon the payment of a fee, as set from time to time by Resolution of the Council, and upon execution by the original owner(s) or owners legal representatives of an assignment of such certificate. 8-11-54: ISSUANCE OF CERTIFICATE BY CLERKCITY: A Ppersons desiring to purchase a lot space in either of said cemeteriesa City cemetery shall make application to the Citylerk. Upon receipt of the application and payment of the purchase price for the space determined by rResolution of the City Council, the City Clerk shall execute and deliver to the applicant a certificate evidencing the applicant's ownership thereof. In the event a certificate is lost or destroyed, the Clerk City may, upon swornadequate proof of ownership, issue a new certificate upon payment of a fee in an amount set from time to time by Resolution of the Council. 8-11-5: CEMETERY FUNDS: All moneys received by the Clerk shall be delivered forthwith to the City Treasurer who shall immediately deposit the same. ORDINANCE – CEMETERIES 8.30.18 PAGE 2 OF 7 8-11-6: CEMETERY OWNERSHIP RECORD: The Clerk shall keep a record of the ownership of all spaces located within the City cemeteries. Such record shall state the name and address of the owner, the purchase price paid for the space(s) and the date of sale. 8-11-76: SEXTON'S FEES; BURIAL RECORD: Any owner of a burial plot space desiring an interment burial in either a City cemetery shall apply to the ClerkCity. Upon payment of the Sexton's proper fees hereinafter set forth, the Clerk City shall give the applicant a certificate stating the name of the deceased and the location of the burial plot spacewhere the deceased is to be interred. The Clerk shall also enter in the a book to be known as “The Burial Record” the name of the deceased, the date of his or her deathburial, the cause or manner of death, if known, and age of the deceased, if known. 8-11-8: DUTIES OF SEXTON: The Sexton shall, under the direction of the Mayor and Council, have general care of and make general improvements of all spaces in said cemeteries. The Sexton shall dig or allow or cause to be dug graves for interment of bodiesburial in either of the a City cemeteryies; provided that, if the person making application for interment burial desires to dig the a grave, the Sexton shall approve and supervise such excavation and the location thereof. The Sexton shall fill all graves where interments are madefollowing burial, trim any grass, trees or shrubbery thereon and keep all graves spaces in an safe and attractive condition. The Sexton shall care for all grounds and tombstones foliage in the City cemeteries. The Sexton shall not permit burial internment of anybody without delivery receipt of a Clerk's Certificate under Section 8-11-6 hereof by the person requesting such internment. The Sexton may enter upon any part of the cemetery, including any space, with equipment for the purpose of improving the appearance and condition of the space and the general appearance of the cemetery; to remove anything objectionable that may have been placed contrary to cemetery regulations; to remove any dead or dangerous tree, shrub, vine, or neglected fencing, railings, or enclosures; to remove any floral design or piece, which, in the discretion of the Sexton, has become unsightly or does not conform with this Chapter. Morticians, undertakers, monument companies, contractors, religious representatives, florists, and other individuals or corporations working within a cemetery shall comply with this Chapter and shall perform all work in cemeteries under the direction and with the approval of the Sexton. 8-11-97: DEPTH OF GRAVE SPACES; DECORATIONS: Every grave shall be at least six feet (6') deep measured from the surface of the ground to the bottom surface of the grave. All winter decorations, including artificial wreaths and sprays, shall be removed by April 1 of each calendar year in both City cemeteries. Artificial flowers, ornamental decorations, and the like, are not allowed at Fielding Memorial between April 15 and October 30 annually. Space owners may improve, cultivate, and care for their spaces and existing trees, shrubs, and plants, in accordance with the City’s Trees and Shrubbery Ordinance and as approved by the Sexton. Space owners may set out plants and flowers in sound wood, concrete, or metal containers of such kind or size ORDINANCE – CEMETERIES 8.30.18 PAGE 3 OF 7 on their space(s) as do not interfere in any way with the general landscaping of the cemeteries, as solely determined by the Sexton. 8-11-9: CEMETERY OWNERSHIP RECORD: The Clerk shall keep a record of the ownership of all lots located within the City cemeteries. Such record shall state the name and address of the owner, the purchase price paid for the lot or lots and the date of sale. 8-11-10: MONUMENTSGRAVESTONES; GRAVE SPACES: The owner of any lot space in which a deceased person is interred buried shall may install a permanent monument or plaquegravestone at the head of such grave space with the name of the deceased plainly inscribed thereon, as approved by the Sexton. If the owner neglects or fails to install such monument or plaque within six (6) months from the date of burial, the Sexton shall place a monument or plaque at the head of the grave at the expense of the owner of said plot. Every grave space shall be at least five feet (5') deep measured from the surface of the ground to the bottom surface of the grave space opening. All gravestones shall have a foundation. All gravestones, including foundation for individual spaces, shall be no more than forty inches by twenty-four inches (40”x24”) and shall be flush with the surface of the ground. The location of all gravestones and construction foundations shall be approved by the Sexton. Gravestones shall not be altered or moved without permission of the Sexton. 8-11-11: RESTRICTION ON MARKING GRAVES: No person shall erect any monument, gravestone, headstone, or grave marker above the surface of the ground within the following sections of Fielding Memorial Park Cemetery: Wasatch Lawn, Sunset, Roselawn, Forest Lawn, Pinehurst, Parkhurst, Valley View, Nauvoo Lawn, LaCresta, Whispering Hope, Cloverdale, Willowlawn, Comorah, Restlawn and Memory Lane or as otherwise designated. 8-11-112: IMPROVEMENT OF CEMETERY LOTSSPACES; GROUND MAINTENANCE: No person shall erect or maintain any fence, corner post, coping, wall, hedge, or boundary of any kind upon any grave or lot space in a City cemetery. No trees or shrubs shall be planted in Rose Hill Cemetery or Fielding Memorial Park Cemetery without permission from the Sexton or superintendent. No person shall grade the ground or land above any grave, lot space or lots in said City cemeteries, or build any tomb, or mausoleum, or cenotaph upon the same, except with the permission and under the supervision of the Sexton. The Sexton shall, whenever requested, furnish the true lines of said lots a space according to the official survey and shall prevent and prohibit the marking of the same in any manner prohibited by this Chapter and shall prevent any grading in a manner which destroys the symmetry of the land. The Sexton shall, under the direction of the Mayor and Council, have general care of and make general improvements of all lots in said cemeteries. ORDINANCE – CEMETERIES 8.30.18 PAGE 4 OF 7 No trees or shrubs shall be planted or removed without the consent of the Sexton. Tree removal shall be at the space owners’ expense. Any trees or shrub in a City cemetery may be removed at the directive of the Sexton. No steps, structures, or landscapes are allowed in a City cemetery, except for the following when approved by the Sexton: At-grade concrete or similar durable material fencing located within the space boundaries. Concrete or similar durable material benches attached to an at-grade concrete or similar durable material foundation that extends at least four (4”) inches beyond the bench in all directions, and located within the space boundary. 8-11-13: CHARGES AND FEES: The fees for burial spaces and Sexton services within Rose Hill Cemetery and Fielding Memorial Park Cemetery shall be set by Resolution by the City Council. 8-11-124: WOODEN CASKETS PROHIBITED USES AND ACTIVITIES: Wooden caskets shall not be used for burial of anybody within any City cemetery. Snow mobiles, off-highway vehicles, and all-terrain vehicles are prohibited in City cemeteries, unless in use by or at the direction of the Sexton. There shall be no gathering of persons in excess of seventy-five (75) people without prior City approval (except during or incidental to a funeral occurring concurrent with a burial). 8-11-15: BURIALS PROHIBITED ON CERTAIN DAYS: Burials are prohibited within the City cemeteries on any legal holiday except Washington's Birthday, Veteran's Day, Idaho Human Rights Day or Columbus Day. 8-11-136: CREMATION BURIALS: No cremation interment shall be allowed in a traditional burial space after June 1, 1997, unless other cremains have been interred prior to such date within any burial space located within the lot in which such interment is requested. No cremation burials shall occur without the permission of the Sexton. The Sexton shall be given no less than forty-eight (48) hours or two (2) business days advanced notice of any funeral (in order to allow opening of the cemetery space). The opening and closing of a cemetery space shall be done by the Sexton. Winter burials (during extreme weather conditions) will occur only at the discretion of the Sexton. Burials will occur only on days the City is conducting business (i.e. including Saturdays but excluding Sundays and City-recognized holidays), unless specifically authorized by the Sexton and the City is reimbursed for all expenses related to such special burial. Burial spaces are for human remains only. There shall be no animal remains in a City cemetery. The maximum following burials are allowed per burial space: 1. Coffin burial; 2. Coffin burial and up to two (2) cremation burials without vaults; 3. Two (2) cremation burials with vaults; ORDINANCE – CEMETERIES 8.30.18 PAGE 5 OF 7 4. Three (3) cremation burials without vaults. Every wooden casket shall be enclosed in a vault. All burials shall be within a standard durable vault installed or constructed in each burial space before burial. All cremation burials shall be in a permanently sealed container approved by the Sexton. All burial spaces shall be opened and closed under the direction and control of the Sexton, except removals and reinterments supervised directly by the local health department. 8-11-17: RESTRICTION OF USE OF GRAVE SITE: In Rose Hill Cemetery and Fielding Memorial Park Cemetery no more than one (1) remains or cremains shall be allowed to be buried in a burial space. 8-11-15: DISINTERMENT: No disinterment of an occupied grave space shall occur until and unless any and all permits and licenses and written authorization required by law for such disinterment on an occupied grave have been obtained from any applicable state or county agency, government unit or official, and a copy of the same has been filed by the City. The City reserves its authority to refuse to allow a disinterment of an occupied grave (and to refuse to issue a City disinterment permit for the same) when the disinterment of an occupied grave is not done pursuant to a court order issued by a court of competent jurisdiction. SECTION 2. Savings and Severability Clause. The provisions and parts of this Ordinance are intended to be severable. If any section, sentence, clause, or phrase of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this Ordinance. SECTION 3. Codification Clause. The City Clerk is instructed to immediately forward this Ordinance to the codifier of the official municipal code for proper revision of the Code. SECTION 4. Publication. This Ordinance, or a summary thereof in compliance with Idaho Code, shall be published once in the official newspaper of the City, and shall take effect immediately upon its passage, approval, and publication. SECTION 5. Effective Date. This Ordinance shall be in full force and effect from and after its passage, approval, and publication. PASSED by the City Council and APPROVED by the Mayor of the City of Idaho Falls, Idaho, this _____ day of August, 2018. ORDINANCE – CEMETERIES 8.30.18 PAGE 6 OF 7 CITY OF IDAHO FALLS, IDAHO ____________________________________ REBECCA L. NOAH CASPER, MAYOR ATTEST: _____________________________________ KATHY HAMPTON, CITY CLERK (SEAL) 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 Ordinance entitled, “AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, TO ADOPT CHANGES TO TITLE 8, CHAPTER 11 TO INCLUDE CHANGES IN VARIOUS DEFINITIONS, REGULATIONS OF GRAVE LOTS AND SPACES, GRAVESTONES, BURIAL SCHEDULES, OWNERSHIP PROCESSES AND DISINTERMENT; PROVIDING SEVERABILITY, CODIFICATION, PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE.” _______________________________________ (SEAL) KATHY HAMPTON, CITY CLERK ORDINANCE – CEMETERIES 8.30.18 PAGE 7 OF 7 Honorable Mayor & City Council Chris H Fredericksen, Public Works Director September 7, 2018 Resolution – Snow Removal Funding Attached for review and comment is a resolution addressing snow removal funding. The intent of the resolution is create an account where unused snow removal funding would accrue until a balance of $1,000,000 is reached. Once the fund balance goal is achieved, unused snow removal funds would be returned to the General Fund on May 1st of any given year. Public Works respectfully requests the opportunity to discuss this proposed resolution at the September 10, 2018 Council Work Session. 2018-76 RESOLUTION NO. 2018- A RESOLUTION OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, TO ADOPT FUNDING A MINIMUM SNOW REMOVAL ACCOUNT AND A MECHANISM FOR DISPERSAL OF EXCESS MONIES FROM THAT ACCOUNT TO THE GENERAL FUND; AND PROVIDING THAT THIS RESOLUTION BE EFFECTIVE UPON ITS PASSAGE. WHEREAS, the City of Idaho Falls experiences an average snow fall of forty-four inches (44”) annually; and WHEREAS, recognizing the safety and transportation needs for snow removal, the City has established and funded a snow removal budgetary division in the City’s general fund to accommodate the City’s contracted snow removal needs; and WHEREAS, snowfall, however, is not predictable on a year-by-year basis; and WHEREAS, snow does not fall in a predictable pattern nor does snow accumulation always require the removal of snow by the City (because of varying weather conditions, temperature, accumulation amounts, and other variable factors); and WHEREAS, the year-to-year expenditure for snow removal from this snow removal division varies according to snow removal needs; and WHEREAS, Council desires to place in the snow removal division sufficient funds to meet the varying snow removal needs so that there is enough money in the City’s budget to remove snow but without restricting the use of general cash balances; and WHEREAS, Council plans to place unspent snow removal funds from this division into a designated account until the account reaches $1,000,000 and recommends to future Councils to continue this practice until the goal of $1,000,000 is reached; and WHEREAS, to accomplish this balancing of snow removal funding with other general fund needs, this Council has determined that the City should allow monies within the snow removal account to reach and to maintain a total balance of $1,000,000 and that any monies in excess of such target snow removal account goal of $1,000,000 in any given year be released from the account for use in the general fund after May 1st of each calendar year; and NOW, THEREFORE, THE COUNCIL FOR THE CITY OF IDAHO FALLS, IDAHO, HEREBY ORDERS AS FOLLOWS: 1. $525,000 be placed in City of Idaho Falls snow removal division in the annual appropriation ordinance. SNOW REMOVAL FUNDING RESOLUTION PAGE 1 OF 3 2. That future Councils be encouraged to continue funding the snow removal division at $525,000 annually, to be adjusted with inflation, until a minimum balance of $1,000,000 is reached. 3. That, after reaching the snow removal minimum funding amount of $1,000,000, future Councils be strongly encouraged to maintain the snow removal account at that amount. 4. Any funding in excess of $1,000,000 in the snow removal account be disbursed to the general fund after May 1st of each calendar year. ADOPTED and effective this day of September, 2018. CITY OF IDAHO FALLS, IDAHO Rebecca L. Noah Casper, Mayor ATTEST: Kathy Hampton, City Clerk (SEAL) SNOW REMOVAL FUNDING RESOLUTION PAGE 2 OF 3 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, TO ADOPT FUNDING A MINIMUM SNOW REMOVAL ACCOUNT AND A MECHANISM FOR DISPERSAL OF EXCESS MONIES FROM THAT ACCOUNT TO THE GENERAL FUND; AND PROVIDING THAT THIS RESOLUTION BE EFFECTIVE UPON ITS PASSAGE.” Kathy Hampton, City Clerk (SEAL) SNOW REMOVAL FUNDING RESOLUTION PAGE 3 OF 3

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