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City Council

Regular Meeting

Idaho Falls, ID · December 17, 2018

AgendaMinutes

Minutes

December 17, 2018 The City Council of the City of Idaho Falls met in Special Meeting (Council Work Session), Monday, December 17, 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: Mayor Rebecca L. Noah Casper Councilmember Thomas Hally Councilmember Michelle Ziel-Dingman Councilmember Jim Freeman Councilmember Jim Francis (departed at 4:47 p.m.) Councilmember Shelly Smede Councilmember John Radford (arrived at 3:04 p.m.) Also Present: Dave Hanneman, Fire Chief Duane Nelson, Deputy Fire Chief Eric Gosswiller, Idaho National Laboratory (INL) Fire Department Chief Jim Blair, INL Deputy Chief Chris Fredericksen, Public Works Director David Richards, Water Superintendent Pamela Alexander, Municipal Services Director Josh Roos, Treasurer Randy Fife, City Attorney Kathy Hampton, City Clerk Mayor Casper 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: December 17, Ribbon Cutting Ceremony for the new medical complex on Sunnyside Road December 18-19, Utah Associated Municipal Power Systems (UAMPS) Meetings December 20, Idaho Falls Redevelopment Agency Meeting; and, City Council Meeting December 21, Holiday Open House for all City employees Liaison Reports and Concerns: Councilmember Hally had no items to report. Councilmember Smede stated the Library will be holding a Yule Ball (Harry Potter theme) on December 27. Councilmember Freeman stated the Geographic Information System (GIS) maps have been updated on the City website. He also stated the Idaho Falls Police Department (IFPD) will be holding their saturation patrol for the distracted driving ordinance on December 19. Councilmember Radford had no items to report. Councilmember Dingman had no items to report. Councilmember Francis stated Human Resources (HR) will be reorganizing to allow a manager for all departments. INL Ride-along Discussion: Chief Hanneman stated collaboration between the INL and the Idaho Falls Fire Department (IFFD) has been occurring regarding INL firefighters riding along on the IFFD engines and ambulances. Mr. Gosswiller stated this collaboration has previously occurred several years ago although there was only opportunity for INL firefighters to ride-along on the IFFD ambulances. He indicated the INL Fire Department is attempting to become a more 1 December 17, 2018 contemporary/all hazards fire department. He believes the ride-along program will allow additional experience for the INL firefighters. This is a voluntary program and will not cost additional money. The ride-along will occur during the 12-hour shifts and the logistics have been discussed. Mr. Gosswiller stated the administration from both entities have currently been training together and, this ride-along program will continue to build relationships with the mutual aid partners. Chief Hanneman concurred with the mutual aid relationships. He indicated the ride-along will potentially allow additional personnel to assist with emergency calls. He stated the IFFD is also working with the INL regarding a regional public safety training center. Mr. Gosswiller stated due to a reciprocal piece, the ride-along could rotate IFFD personnel to the INL facilities for additional training. Brief general discussion followed. Budget/Overtime Review: Chief Hanneman stated the IFFD operates from the General Fund and the Ambulance Fund. He reviewed the following presentation with general discussion throughout: Overtime Update (October 1, 2017 – September 30, 2018) – Fund Budget Amount Actual Difference Administration $400 $961 $561 Fire Prevention $5,000 $4,219 $-781 Fire Operations $350,000 $1,118,516 $768,516 Fire Training $2,000 $5,536 $3,536 Ambulance $340,000 $691,560 $351,560 Total $697,400 $1,820,792 $1,123,392 The majority of overtime budget was due to wildland deployment. Fire Operations for the current year was budgeted at $700,000. Outstanding Revenue – Description Revenue Wildland deployment $1,328,949 State reimbursed overtime, training, and travel $60,526 Total $1,389,475 Overtime Unbudgeted – Special Events (Independence Day) = $25,185 Accident on Duty/Sick Leave = $215,702 Retirement/Vacancies (4 retired, 2 resigned) = $350,617 – payout also occurs during retirement/vacancies Overtime, Training and Travel Unbudgeted or Reimbursable – State Training (reimbursable) = $86,480 Deployment (reimbursable) = $1,328,949 Overtime or Reimbursable by Type = $1,820,792 Overtime categories by percentage: staffing shortage (28%), wildland deployment (reimbursable) (27%), and wildland deployment (backfill, reimbursable) (19%) are the highest percentage categories. Brief comments followed regarding hiring additional personnel to alleviate the overtime costs, this also allows the possibility of personnel taking time off. Director Alexander indicated it is ideal to budget the overtime costs to prevent the pressure on the General Fund. She noted reimbursable funds are generally not received during the current budget year. General Fund – Fund Budgeted Amount Expended Amount % (Operations) Administration $216,627 $202,213 93% 2 December 17, 2018 Dispatch $21,229 $21,291 100% Fire Prevention $52,023 $32,277 62% Operations $280,533 $214,717 77% Fire District $159,312 $119,692 75% Station $355,515 $314,597 88% Auxiliary $687,500 $735,445 107% Total $1,772,739 $1,640,233 93% ($132,506) Ambulance Fund – Fund Budgeted Amount Expended Amount % (Operations) Ambulance $1,425,155 $1,488,438 105% ($63,283) Brief comments followed regarding special events. There is currently no annual budget for special events, they are taken from the Operations budget. Chief Hanneman stated there is a long-term project to get the Ambulance Fund running out of the red. Approximately $500,000 of Outstanding Revenue will be allocated to the Ambulance Fund. Water Service Disconnect Policy Discussion: Director Fredericksen stated monthly meetings occur with the Public Works, Municipal Services, and Idaho Falls Power (IFP) Departments regarding policies and potential billing concerns. He indicated the IFP shut-off policy was approved by Council on September 27, 2018. The proposed revised policies for residential, non-residential, and non- IFP customers, will allow water shutoff for non-payment when the temperature falls below freezing. Director Fredericksen believes the policy will not allow customers to accumulate a large amount of utility costs. Mr. Richards stated this policy will formalize previous practice. He noted there are approximately five (5) shutoffs per day. Director Fredericksen stated there are a number of exceptions to prevent shutoff. Mr. Richards indicated the majority of re- connects can occur within the same day and there is requirement for a resident to be present when the water is turned back on. Brief general comments followed including the payment process and collection. This item will be included on the December 20 Council Meeting agenda. Proposed Changes to Title 8, Chapter 6, Sanitation Service: Director Fredericksen stated the proposed changes will reflect cleanup for fees versus charges. The proposed changes will also address the autoload system requiring all sanitation containers to be provided by the City. Brief comments followed. This item will be included on the December 20 Council Meeting agenda. Investment Policy Discussion: Director Alexander briefly reviewed recommendations from the Moss Adams April 10, 2017 audit presentation, including evaluation of the effectiveness of internal controls and, regular committee meetings (monthly, no less than quarterly). She stated the Investment Policy was developed to document best practices for the City’s investment processes; describes the parameters for investing government funds; identifies investment objective, preferences, tolerance for risk, management of portfolio; and, Government Finance Officers Association (GFOA) recommendations. Mr. Roos stated the policy includes input from all committee members. He reviewed the following with general discussion throughout: Scope (funds, prudence, and, ethics and conflict of interest); General Objectives (safety, liquidity, and, yield); Master Repurchase Agreement; Delegation and Authority; Safekeeping and Custody; Suitable and Authorized Investments (investment types); Investment Parameters (maturity, default risk, and, liquidity risk); Policy Considerations; and, Adoption. The investment policy will be presented to Council for approval in the near future. Mr. Roos stated the City investments are currently tracked by paper and spreadsheets. He noted, per conversation with Clearwater Analytics, all investments could be tracked through a platform reporting system, which would assist with auditor reports. Director Alexander stated this platform would also extract data from a safe-keeping account. 3 December 17, 2018 This would allow Mr. Roos additional analytic tools with Directors for long-term planning. Director Alexander stated the cost of the subscription is currently being negotiated, she believes this platform will be cost effective. The platform will be reviewed with the external auditors in the near future. Mr. Roos noted the City Investment Policy would be incorporated into the platform, this would prohibit any investments outside of the parameters of the policy. Election Reform Discussion: Mayor Casper stated the Council passed Resolutions in 2005 providing for an initiative pertaining to run-off elections for City Council Seats as well as providing for an initiative election pertaining to run-off elections for the Office of the Mayor. She briefly reviewed concerns expressed from Bobbie Jockumsen, 2004 Election Supervisor, 2015 documentation from Councilmember Hally, and, documentation received from Justin Ruen from the Association of Idaho Cities (AIC). She also briefly reviewed data from the 2013 run-off election and, data and costs from the 2017 run-off election. Councilmember Dingman stated this issue has come forward due to recent conversation with Bonneville County Elections staff and Director Alexander. She reiterated the run-off resolution approved by the City Council in March 2005 placing the question on the November 2005 ballot. The Ballot Measure passed – Yes: 7,359; No: 3,393. Run-off elections are authorized for Mayoral and City Council races when no single candidate garners the “majority” of votes cast in that election. There have been only two (2) run-off elections since the ordinance was approved – 2013: three (3) Council seats; 2017: Mayor’s position. Councilmember Dingman expressed her concern for the extreme cost of run-off elections – 2013 = $11,693.87; 2017 - $43,246.53. She also expressed her concern for the number of votes cast in run-off elections – 2013 = 33% fewer; 2017 = 25% fewer. She indicated due to less votes cast, the favored candidate gets stronger and the outcome did not change. Idaho Falls is the only Idaho City with a Council run-off election, there are eight (8) cities with Mayoral run-off elections. Councilmember Dingman stated a run-off election is expensive and the costs continue to rise (the City is responsible for 100% of the costs, these are General Fund dollars); historically, run-off elections have not changed the outcome of the election (there is one instance of a Mayoral race in Eagle); fewer votes in the run-off elections; and, run-off elections must be held within 30 days of the General Election, this is difficult to implement. Councilmember Dingman believes a run-off election is inefficient government and doesn’t make sense to continue as the run-off election does not truly impact the results. She is in favor of repealing the Council run-off election, the Mayor run-off could be discussed at another time. Mayor Casper clarified this was a referendum, not an initiative. Councilmember Hally stated the cost to run for an election is enormous and is discouraging a democracy of people from running. He also stated when the majority becomes smaller, that isn’t the majority ruling. He believes this gives the opportunity for Political Action Committees (PAC) to control the run-off election. Mayor Casper expressed her concern for disenfranchisement. She believes there needs to be an outstanding reason for a policy. She also expressed her concern for the cost, the possibility of a re-count request, and, the transition period of newly elected officials. Councilmember Radford stated he concurs with the information presented by Councilmember Dingman although he expressed his concern for the referendum that was approved by the voters. Councilmember Dingman does not believe residents were informed in 2005 regarding the initiative as she could not locate any adequate information. Councilmember Hally stated the initiative was placed on the ballot due to community interest although there was limited information, including cost, discussed by the Council. Councilmember Radford questioned a tiered voting system. Mayor Casper stated State law only allows a General Election and a Run-off Election. This item will be included on the December 20 Council Meeting agenda. There being no further business, the meeting adjourned at 4:56 p.m. s/ Kathy Hampton s/ Rebecca L. Noah Casper CITY CLERK MAYOR 4

Agenda

Public Works - Water Service Disconnect Policy POLICY & PROCEDURE MANUAL NUMBER: WTR-BILLING-03 SECTION: Billing SUBJECT: Water Non-Pay Disconnect Procedure for Residential, non-Idaho Falls Power Customers DATE: December 14, 2018 LATEST AMENDMENT DATE: Developed by: Water Division & Utility Billing Authorized by: David Richards and Pam Alexander I. Purpose of the Procedure To establish a procedure to disconnect residential water service on non-pay status accounts for non-Idaho Falls Power customers and define the disconnect procedures. II. Procedure Statement To outline the payment/collections process for all residential class customers that trigger actions by Utility BillingCredit staff, Utility Dispatch staff, and Water Division staff. III. Procedure A. Disconnect timeline description (see attached flow chart) 12/14/2018 Page 1 Water Non-IFPower Residential Disconnect 1. Customer receives bill #Bill No. 1 for services consumed in previous month and has fifteen (15) days to pay bill #Bill No. 1, if customer cannot make payment within fifteen (15) days they may request a Payment Extension with Utility BillingCredit. 2. If bill #Bill No. 2 is issued and bill #Bill No. 1 is not yet paid, a “past due” statementnotification in red bold lettering will appear on bill #Bill No. 2. 3. If not paid within fifteen (15) days after issuance of bill #Bill No. 2, bill #Bill No. 1 is now thirty (30) days past due and bill #Bill No. 2 is past due. At this point, if no payment is received or a pPayment eExtension* is not requested and granted, water service will be disconnected. Formatted: Font: Not Italic a) *Payment Extension.: A Ccustomers can request up to three (3) Formatted: Font: Not Italic payment extensions per a rolling twelve- (12) month period;, Formatted: Font: Not Italic however extensions may not be requested back-to-back. There Formatted: Font: Not Italic is no approval process, form, etc. and theA customer can may Formatted: Font: Not Italic request a payment extension over the phone, by e-mail, in Formatted: Font: Not Italic person, etc. The only requirement to gettingfor a payment Formatted: Font: Not Italic extension is that the customer requestings it and theyshall not have not had more than three (3) in the past twelve (12) months. Formatted: Font: Not Italic Utility BillingCredit will note the extensions on the customer’s’ Formatted: Font: Not Italic accounts in order to track number of extensions given on the Formatted: Font: Not Italic account. Extensions can be requested at any point in the billing Formatted: Font: Not Italic cycle. The extension gives the customer fifteen (15) additional Formatted: Font: Not Italic days after the Bill No. 2 due date before service will be Formatted: Font: Not Italic terminated for non-payment., extending the disconnection until Formatted: Font: Not Italic the issuance of Bill No. 3. Formatted: Font: Not Italic Formatted: Font: Not Italic Formatted: Font: Not Italic Formatted: Font: Not Italic Formatted: Font: Not Italic Formatted: Font: Not Italic Formatted: Font: Not Italic Formatted: Font: Not Italic Formatted: Font: Not Italic Formatted: Font: Not Italic Formatted: Font: Not Italic Formatted: Font: Not Italic Formatted: Font: Not Italic Formatted: Font: Not Italic 12/14/2018 Page 2 Water Non-IFPower Residential Disconnect 4. If a payment extension has been granted and bill #Bill No. 1 and #Bill No. 2 have not been paid in full at issuance of bill #Bill No. 3, water service will be disconnected until the full balance on account balance has been paid, in full including all applicable fees. 5. Water Division will disconnect customers for non-pay status during regular business hours ofbetween 6:30 A.M. to 5:00 P.M. Monday – Friday from May 1 to September 30 (summer hours) or 8:00 A.M. to 4:30 P.M. Monday – Friday from October 1 to April 30 (winter hours) Monday - Friday. 6. Residential Wwater service will remain disconnected (regardless of temperature) until the past duefull balance on account has been paid, in full including (all applicable fees included). 7. Water Division personnel will print a weekly list of required residential inspections to verify that customers disconnected for non-pay status have not reconnected service. Such Iinspections will occur as conditions and circumstances allow. 12/14/2018 Page 3 Water Non-IFPower Residential Disconnect B. Reconnect 1. Once customer pays their City utility bill in full, Utility Billing or Utility DispatchCredit will notify the Water Division to request reconnection of residential water service. 2. The Water Division will generate a scheduled service order in order to meet with the customer for reconnection of residential water service. 3. The Water Division will dispatch a service operator to reconnect water service, applying a water service reconnection fee to the account. The Ccustomer must be present for water service to be reconnected. 4. The Wwater service reconnection fee may vary dependingent upon scheduled time for reconnection, or whether the reconnection was made during regular working hours (see section III.A.5) or was outside of regular working hours. C. Inability to disconnect water due to shared servicesShared Services 1. Water service will not be disconnected in instances where a customer with a past due account shares a common waterline with another customer if the disconnection of water service will impact both customers. D. Medical extension 1. Termination of utility service may be delayed for thirty (30) days if, prior to termination, the customer presents to the City Utility BillingCredit Office in City Hall a letter from a doctor or from a public health official with medical training stating that a medical emergency would exist or a medical condition would be aggravated if service is terminated. The letter must be signed by the person diagnosing the medical condition and must name the person(s) in the residence that will be affected. A second thirty- (30) day medical extension may be granted only where another medical extension letter is presented before the expiration of the first thirty (30) days and it states that the serious illness or medical emergency still exists. No medical extension will be extended for more than a total of sixty (60) consecutive days. 12/14/2018 Page 4 Water Non-IFPower Residential Disconnect a) Upon customer compliance with this Medical Extension policy, Formatted: Font: Not Italic Utility BillingCredit will note the granting of the Medical Extension for either thirty (30) days or an additional thirty (30) days on the customer’s account in Cayenta. A copy of letters in support of the Medical Extension will be kept separate from the electronic customer account information in the City Utility BillingCredit Office. b) Medical Extensions will be tracked in Cayenta in order to automatically trigger disconnect by showing up on the disconnect list in the event the account is not in current status upon the expiration of the extension. E. Verification of disconnected status 1. Water Division personnel will print a weekly list of inspections to verify that customers disconnected for non-pay status have not reconnected service. Inspections will occur as conditions allow. IV. Reason for the Most Recent Procedure Change. Revision Date Action Name of Editor 12/14/2018 Page 5 Water Non-IFPower Residential Disconnect 12/14/2018 Page 6 Water Non-IFPower Residential Disconnect POLICY & PROCEDURE MANUAL NUMBER: WTR-BILLING-01 SECTION: Billing SUBJECT: Electric Water Residential Non-Pay Disconnect Procedure DATE: November 27December 14, 2018 LATEST AMENDMENT DATE: Developed by: Water Division & Utility Billing Authorized by: David Richards and Pam Alexander I. Purpose of the Procedure To establish a procedure to disconnect residential water service on non-pay status accounts and define the disconnect procedures. II. Procedure Statement To outline the payment/collections process for residential class customers served by Idaho Falls Power (IFP) that trigger actions by Utility BillingCredit staff, Utility Dispatch staff, and Water Division staff. III. Procedure A. Disconnect timeline description 12/14/2018 Page 1 Water Residential Disconnect 1. Once Idaho Falls PowerAfter IFP disconnects a non-residential customer’s electricity for non-pay status (refer to Idaho Falls PowerIFP’s Electric Non-Residential Non-Pay Disconnect Procedure), if the bill is not paid in full within the allotted respective number of days as indicated in section III.A.1.athis Policy, Utility BillingCredit staff will notify request that the Water Division to have water service disconnected. residential water service to the same address. a) Warm weather disconnects: Seven (7) days following the electrical IFP disconnect date, (allowing customers time to pay their past-due bill before water is disconnected). b) Cold weather disconnects: Two (2) days following the electrical IFP disconnect date, (helping to avoidprevent private property damage of private property due to the potential of frozen pipes). 2. The Water Division will generate a service order and will dispatch a service operator to disconnect residential water service and will, applying a water service disconnection fee to the past due account. 3. The Water Division will disconnect customers for non-pay status during regular business hours ofbetween 6:30 A.M. to 5:00 P.M. Monday – Friday from May 1 to September 30 (summer hours) or 8:00 A.M. to 4:30 P.M. Monday – Friday from October 1 to April 30 (winter hours) Monday - Friday. 4. Residential Wwater service will remain disconnected (regardless of temperature) until the past duefull balance on account has been paid, including in full (all applicable fees included). 5. Water Division personnel will print a weekly list of required residential inspections to verify that customers disconnected for non-pay status have not reconnected service. Such Iinspections will occur as conditions and circumstances allow. B. Reconnect 12/14/2018 Page 2 Water Residential Disconnect 1. Once a customer pays their City utility bill in full, Utility Billing Credit or Utility Dispatch will notify the Water Division to request reconnection of residential water service. 2. The Water Division will generate a scheduled service order in order to meet with the customer for reconnection of residential water service. 3. The Water Division will dispatch a service operator to reconnect residential water service, and will applying a water service reconnection fee to the account. The Ccustomer must be present for water service to be reconnected. 4. The Wwater service reconnection fee may vary dependingent upon scheduled time for reconnection, or whether the reconnection was made during regular working hours (see section III.A.3) or was outside of regular working hours. C. Shared services C. Formatted: Font: (Default) Arial, 12 pt 1. Water service will not be disconnected in instances where a customer Formatted: Heading 2 with a past due account shares a common waterline with another customer such that the disconnection of water service will impact both customers. D. Verification of disconnected status 1. Water Division personnel will print a weekly list of inspections to verify that customers disconnected for non-pay status have not reconnected service. Inspections will occur as conditions allow. IV. Reason for the Most Recent Procedure Change. Revision Date Action Name of Editor 12/14/2018 Page 3 Water Residential Disconnect 12/14/2018 Page 4 Water Residential Disconnect POLICY & PROCEDURE MANUAL NUMBER: WTR-BILLING-02 SECTION: Billing SUBJECT: Water Non-Residential Non-Pay Disconnect Procedure DATE: November 9December 14, 2018 LATEST AMENDMENT DATE: Developed by: Water Division & Utility Billing Authorized by: David Richards & Pam Alexander I. Purpose of the Procedure To establish a procedure to disconnect non-residential water service on non-pay status accounts and define the disconnect procedures. II. Procedure Statement To outline the payment/collections process for all non-residential class customers that triggers actions by Utility BillingCredit staff, Utility Dispatch staff, and Water Division staff. III. Procedure A. Disconnect timeline description 12/14/2018 Page 1 Water Non-Residential Disconnect 1. Once After Idaho Falls Power (IFP) disconnects a non-residential customer’s electricity for non-pay status (refer to Idaho Falls PowerIFP’s Electric Non-Residential Non-Pay Disconnect Procedure), if the bill is not paid in full within the allotted respective number of days as indicated in section III.A.1.athis Policy, Utility BillingCredit will notify request that the Water Division to havedisconnect non-residential water service to the same addressdisconnected. a) Warm weather disconnects.: Seven (7) days following the electrical IFP disconnect date, (allowing customers time to pay their past-due bill before water is disconnected). b) Cold weather disconnects.: Two (2) days following the electrical IFP disconnect date, (helping to avoid prevent private property damage of private property due to the potential of frozen pipes). 2. The Water Division will generate a service order and will dispatch a service operator to disconnect non-residential water service, and will applying a water service disconnection fee to the past due account. 3. The Water Division will disconnect customers for non-pay status during between regular business hours of 6:30 A.M. to 5:00 P.M. Monday – Friday from May 1 to September 30 (summer hours) or 8:00 A.M. to 4:30 P.M. Monday – Friday from October 1 to April 30 (winter hours) Monday - Friday. 4. Non-residential Wwater service will remain disconnected (regardless of temperature) until the past duefull balance on account has been paid, including full (all applicable fees included). 5. Water Division personnel will print a weekly list of required non- residential inspections to verify that customers disconnected for non- pay status have not reconnected service. Such Iinspections will occur as conditions and circumstances allow. B. Reconnect 12/14/2018 Page 2 Water Non-Residential Disconnect 1. Once a customer pays their City utility bill in full, Utility Billing or Utility DispatchCredit or Utility Dispatch will notify the Water Division to request reconnection of non-residential water service. 2. The Water Division will generate a scheduled service order in order to meet with the customer for reconnection of non-residential water service. 3. The Water Division will dispatch a service operator to reconnect non- residential water service, and will applying a water service reconnection fee to the account. The Customer must be present for water service to be reconnected. 4. The Wwater service reconnection fee may vary dependent depending upon scheduled time for reconnection, or whether the reconnection was made during regular working hours (see section III.A.3) or was outside of regular working hours. C. Shared services 1. Water service will not be disconnected in instances where a customer with a past due account shares a common waterline with another customer such that the disconnection of water service will impact both customers. D. Verification of disconnected status 1. Water Division personnel will print a weekly list of inspections to verify that customers disconnected for non-pay status have not reconnected service. Inspections will occur as conditions allow. IV. Reason for the Most Recent Procedure Change. Revision Date Action Name of Editor 12/14/2018 Page 3 Water Non-Residential Disconnect Public Works - Proposed Changes to Sanitation Service Ordinance CHAPTER 6 SANITATION SERVICE SECTION 8-6-1: Purpose 8-6-2: Application of Chapter 8-6-3: Solid Waste Removal Required 8-6-4: Definitions 8-6-5: Accumulation of Refuse 8-6-6: Deposit of Refuse on Public Property 8-6-7: Unlawful Use of Waste Containers 8-6-8: Sanitation Service e+arges-Eges 8-6-9: Removal of Waste 8-6-10: Residential Waste Containers * Regulations 8-6-1 l: Commercial Containers - Regulations 8-6-12: Use of Containers 8-6- 13: Compost Piles 8-6-14: Collection of Waste Containers 8-6- r 5: Exceptions to Waste Removal by City 8-6-1 6: Scattering of Waste 8-6-17: Commercial Sanitation Services Prohibited a 4 14, a-i+^*, e^*,;^^ /rL- ry6vo 8-6-l9E: Billing, Collection, and Termination of Utility 8-6-l PURPOSE: The accumulation of waste, refuse, trash, garbage, rubbish, and other deleterious substances upon private properties, vacant lots and in streets and alleys constitutes a public nuisance and menace and contributes to the spread of infectious, contagious and epidemic diseases. It is necessary for the preservation of health, safety, sanitation, peace, and public welfare that proper and adequate regulations be adopted to require property owners and occupants to secure containers and receptacles of sufficient kind and size in which to deposit waste, refuse, trash, garbage, and rubbish for collection and removal at regular intervals. The significant cost of acquiring capital facilities, equipment, and vehicles necessary to provide removal of refuse requires the limitation of the number of providers of sanitation services within the City. The City intends to provide automated solid waste removal services to every occupant of the City except where such is impractical because of physical barriers; safety considerations; or technological or equipment limitations. (Ord. 3018, 8-27-15) 8-6-2: APPLICATION OF CHAPTER: This Chapter applies to the delivery of solid waste sanitation services to all residential, commercial and industrial properties within the City. (Ord. 3018,8-27 -15) 8-6-3: SOLID WASTE REMOVAL REQUIRED: Every occupant of property within the City shall be fully responsible to remove all waste from his or her premises unless otherwise allowed by this Chapter or specifically authorized by the City. (Ord. 3018,8-27-15) TITLE 8, CHAPTER 6 - SANITATION SERVICE I 8-6-4: DEFNITIONS: For purposes of this Chapter, the following terms shall have the meanings ascribed below: CONTAINER, COMMERCIAL: A City-issued container for waste having a capacity in excess of one ( 1) cubic yard. CONTAINER, RESIDENTIAL: @City-issuedresidentialcontainerhavingacapacityof ninety-six (96) gallons or less. GARBAGE: Any excess or leftovers resulting from the preparation, cooking, consumption, or handling of food or other edible substance, whether for human or animal consumption, including without limitation, waste from the handling, storage, and sale of produce, which are not actively being composted. JUNK Any materials consisting of any mechanical appliance, vehicle, machinery, equipment or apparatus, or any parts therefrom, including without limitation, all non-functional automobiles, white goods, recreational vehicles, boats, snowmobiles, motorcycles, farming and construction equipment. OCCUPANT: Any person occupying, possessing or having control of real property located in the City, whether as an owner, tenant or licensee. REFUSE: All materials of any kind or nature, including, but not limited to, handbills, newspapers, papers, cartons, boxes, barrels, shrubs, tree trunks (other than stumps in the ground), wood, brush, weeds, branches, yard trimmings, leaves, furniture, bedding, tin cans, metals, bottles, ashes, clinkers, broken glass, broken concrete, rock, crockery, mineral waste, street sweepings, industrial waste, sawdust, lumber scraps, shavings, animal carcasses, wire and plastics. SANITARY SERVICE: The availability of solid waste sanitation services provided by the City. WASTE: Any materials or items for which there is no practical use other than for recycling, and which, is markedly offensive or unsightly, or which creates an offensive odor or is unsanitary or unsafe, attracts insects or rodents or in any way creates a public nuisance or health or safety hazard. "Waste" and "solid waste" includes garbage, junk, refuse, and weeds, as defined in this Chapter. TITLE 8, CHAPTER 6 - SANITATION SERVICE 2 WEEDS: Any plant, growing or dead, more than ten (10") inches in length or height, (as measured from the surface of the ground), except plants grown for ornamental pu{poses or for production of food for man or beast. Noxious plants, regardless of height, shall be considered weeds for purposes of this Chapter. (Ord. 3003 ,04-23- l5; Ord. 3018, 8-27-15) 8-6-5: ACCUMULATION OF REFUSE: It shall be unlawful for any occupant to accumulate or to allow the accumulation of refuse upon property under the occupant's control in a manner which is markedly offensive or unsightly, attracts insects or rodents, is unsanitary, unsafe or unhealthy or which otherwise causes a public nuisance. (Ord. 3018,8-27-15) 8-6-6: DEPOSIT OF REFUSE ON PUBLIC PROPERTY: It shall be unlawtul to deposit or bury refuse in or upon any public alley, street, park or other public property, or upon the premises of another without the consent of the occupant of such other property. (Ord. 3018,8-27 -15) 8-6-7: LINLAWFUL USE OF WASTE CONTANERS: It shall be unlawful for anyperson to deposit refuse into any waste container owned or leased by another without the express or implied permission of the owner or lessee thereof. (Ord. 3018,8-27-15) 8-6-8: SANITATION SERVICE €I{+RGESFEES: There shall be assessed for each structure. located within the City. used for human occupancy. a monthly fee in an amount set from time to time by Resolution of the Council based. upon whether the service is residential or commercial: the number or size of waste containers used: and the frequency of pickup services. Solid waste sanitation services in the-€i+lshall be provided, subject to the payment of the *argee€n+fees established from time to time by Resolution of the Council, and subject to the provisions of this Chapter. Every occupant shall pay a sanitation service eh€rgefee irrespective of whether waste is removed from the occupant's premises during the period for which the service is Eovidedeha*gp-is-made . fQra. Z-lfi. ZAS-99: O Ora. ZZSt. S-ZZ-OS 8-6-9: REMOVAL OF WASTE: The City will remove waste deposited in residential and commercial waste containers in accordance with the provisions of this Chapter. The City may decline to remove waste from any container which does not meet the requirements of this Chapter or which is not placed in waste containers. Every occupant of a residential and commercial property shall have the obligation to remove all waste accumulating on property under his or her control, in accordance with this Chapter. (Ord. 3003, 04- 23 -1 5; Ord. 301 8, 8-27 -l 5) 8-6-10 RESIDENTIAL WASTE CONTAINERS - REGULATIONS: Waste eerteirers that are iff€rs is TITLE 8, CHAPTER 6 _ SANITATION SERVICE a J ity- provided containers are utilized for solid waste service, occupants shall contain all waste within the City-supplied containers. (Ord. 301 8, 8-27 -15) 8-6-1I:COMMERCIAL WASTE CONTAINERS - REGULATIONS: All commercial waste containers shall consist of containers fumished by the City prior to being placed into service by the occupant. Removal of commercial waste on a basis more frequent than regularly scheduled may be accommodated when authorized by the City and where a fee is paid for more frequent removal. (Ord. 3003, 04-23-15; Ord. 3018, 8-27 -15) 8-6-12:USE OF CONTAINERS: It shall be unlaw{ul to deposit, store, or place solid waste into any waste container that is vided b the Ci l^^^ drIgIIEa-, -^+ L^.,- +:-L+ ,:+r:-- tatetraUte Ua er eerc Notwithstanding the foregoing, grass, leaves, weeds, and clippings from trees or omamental shrubbery .no longer than four feet (4'). may be placed in cardboard cartons, bushel baskets, boxes, or strong plastic garbage sacks, provided the same are securely covered or closed in a manner which prevents the contents from being blown, spilled, or strung about. The City will remove such non-standard containers provided the same do not exceed fifty (50 lbs) pounds in weight@.(ord.3003,04-23-15;ord.30l8,8-27-l5) 8-6-13:COMPOST PILES: Compost piles and materials may be maintained, transported, kept, and used in any manner which does not constitute a public nuisance. (Ord. 3018, 8-27 -15) 8-6-14:COLLECTION OF WASTE : (A) The City- will collect waste in accordance with a collection schedule it establishes.' Prior to 7 a.m., local time, on the day scheduled for collection, all waste containers shall be placed at the sheet culb or inside edge of the sidewalk where the sidewalk is adj acent to the curb. All empty waste containers shall be withdrawn from the curb or inside edge ofthe sidewalk as soon as practical after removal ofthe waste from the container. (B) All waste to be collected from a City-provided container pursuant to the Chapter shall be contained within such City-provided waste container. (C) Every City-provided residential waste container shall remain at the address to which it is assigned aad-as distributed. Container Rlepair or replacement costs beyond 1^ }L- a:i, f^- a City-provided residential wasted container shall be@o the occupant for damages*eyend ne+mal-rvearanC+ea+. (D) City-provided solid waste containers shall be placed by the occupant at curbside, as close to the curb as possibler er in rn ellef,-iflthe pre-erty hes elley aeeess. Such containers shall be at least three feet (3') from any obstruction, including mailboxes, TITLE 8, CHAPTER 6 SANITATION SERVICE 4 trees, shrubs, building overhangs, and utility poles. Additionally, such containers shall be placed in a location where there is unobstructed overhead clearance of at least fourteen feet (i4'). (E) At no time shall a City-provided solid waste container block or interfere with safe pedestrian, bicycle, or vehicle access to a street, alley, bike or pedestrian paths, or sidewalk (regardless of the City's established solid waste collection schedule). (Ord. 3003, 04-23-15; Ord. 30 I 8, 8-27 -15) 8-6- 1 5 : EXCEPTIONS TO WASTE REMOVAL BY CITY: The City shall have no duty to remove the following waste: (A) Dirt, earth, or debris from construction, building renovation, or demolition. (B) Appliances (including white goods), large or heavy machines, tree trunks, or other debris or waste not placed within a waste container meeting the requirements of this Chapter. (C) Hazardous waste, toxic chemicals, waste oils, lubricants, or any other substance harmful to life or limb; or (D) Dead animals; or (E) Waste not contained in City-provided containers, unless otherwise allowed by this Chapter or specifically authorized by the City. (Ord. 3003, 04-23-15; Ord. 3018, 8-27-ts) 8-6-16:SCATTERING OF WASTE: It shall be unlawful to scatter the contents of any waste container upon any street, alley, right-of-way, or public park within the City. (Ord. 3018, 8-27-rs) 8-6-17:COMMERCLAL SANITATION SERVICES PROHIBITED: It shall be unlawtul for any person to conduct, engage or otherwise participate in any private business, undertaking, or enterprise for the removal or disposal of waste for pecuniary gain or profit. Nothing herein shall prohibit the use of waste for recycling purposes by any licensed recycling business, salvage yard, second-hand dealer or other similarly licensed enterprise. (Ord.3018, 8-27-ts) i"* "f tZ *5 99tgF*,"ASg;gg @ 8-6-l!9: BILLING, COLLECTION, AND TERMINATION OF UTILITY SERVICE: Billing, collection, and termination for utility service shall be processed pursuant to the City billing, TITLE 8, CHAPTER 6 _ SANITATION SERVICE 5 collection, and termination policy established by Council Resolution. (Ord. 2458, 6-12-02; Ord. 3018,8-27-15; Ord. 3039, ll-24-16) TITLE 8, CHAPTER 6 _ SANITATION SERVICE 6 ORDINAI\CE NO. AN ORDTNANCE OF THE CITY OF IDAHO FALLS, IDAHO, AMENDTNG TITLE 8, CHAPTER 6 TO CLARIFY THE RESIDENTIAL SANITATION SERVICE FEE; PROVIDING SEVERABILITY, CODIFICATION, PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE. WHEREAS, ldaho Code $ 50-344 authorizes Idaho's cities to have the exclusive power to maintain and operate solid waste collection systems; and WHEREAS, the City's ability to regulate the collection of waste and garbage is necessary and essential for the public's health and wellbeing; and WHEREAS, the Idaho Supreme Court has recognized that collecting and hauling garbage is a proprietary governmental function; and WHEREAS, the City has an organized and professional Sanitation Division that has for many years successfully ensured prompt and consistent residential garbage removal services; and WHEREAS, the Council has, from time to time, established a sanitation service fee assessed to the occupants of the properties within the geographic limits of the City, to pay and provide for the City's garbage removal service; and WHEREAS, the City desires that the City Code clearly reflect the responsibly for users of the City's garbage removal service to pay the sanitation service fee. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COI.]NCIL OF THE CITY OF IDAHO FALLS, IDAHO, THAT: SECTION 1. Chapter 6 of Title 8 of the City Code of the City of Idaho Falls, Idaho, is hereby amended as follows: 8-6-4: DEFNITIONS: For purposes of this Chapter, the following terms shall have the meanings ascribed below: CONTAINER, COMMERCIAL: A City-issued container for waste having acapacity in excess of one (1) cubicyard. CONTAINER, RESIDENTIAL: @City-issuedresidentialcontainerhavingacapacityof ninety-six (96) gallons or less. ORDINANCE _ CLARIFYING SANITATION SERVICE FEE PAGE 1 OF 5 8-6-8: SANITATION SERVICE €@ES: There shall be assessed for each structure located within the Citlz. used for human occupancy. a monthly fee in an amount set from time to time b), Resolution of the Council based. upon whether the service is residential or commercial. the number or size of waste containers used. and the frequency of pickup services. Solid waste sanitation services fur eeeupants ef real prep€rty leeated within the eity shall be provided, subject to the payment of the enarges-aa+fees established from time to time by Resolution of the Council, and subject to the provisions ofthis Chapter. Every occupant shall pay a sanitation service fro enargefee. established irrespective of whether waste is removedfromtheoccupant,spremisesduringtheperiodforwhichthe@' 8-6-10RESIDENTIALwASTE,CoNTAINERS_REGULATIoNS:M City-provided containers are utilized for solid occupants shall all waste within the City-supplied containers. 8-6-12: USE OF CONTAINERS: It shall to deposit, store, or place solid waste into any waste container that provided by the City for curbside pickup. N leaves, weeds, and clippings from trees or may be placed in cardboard cartons, bushel sacks, provided the same are securely covered or closed the contents from being blown, spilled, or strung about. The City will remove provided the same do not exceed fifty (50 lbs) pounds in :' 8-6-14: COLLECTION OF WAS (A) The City- will waste in accordance with a collection schedule it establishes,. Prior to 7 a.m., on the day scheduled for collection, all waste containers shall be placed the street curb or inside edge ofthe where the sidewalk is adjacent to the curb. All empty waste containers shall be withdrawn from the curb or inside edge of the sidewalk as soon as practical after removal of the waste from the container. (B) All waste to be collected from a City-provided container pursuant to the Chapter shall be contained within such City-provided waste container. (C) Every City-provided residential waste container shall remain at the address to which it is assigned and as distributed. Container Rlepair or replacement costs bevond normal wear and tear. te+ne+i+y+e{q a City-provided residential wasted container ORDINANCE - CLARIFYING SANITATION SERVICE FEE PAGE 2 OF 5 shall be enarge+assessed based on a o the occupant for damages$eyend M. (D) City-provided solid waste containers shall be placed by the occupant at curbside, as close to the curb as possible . Such containers shall be at least three feet (3') from any obstruction, including mailboxes, trees, shrubs, building overhangs, and utility poles. Additionally, such containers shall be placed in a location where there is unobstructed overhead clearance of at least fourteen feet (14'). (E) At no time shall a City-provided solid waste container block or interfere with safe pedestrian, bicycle, or vehicle access to a street, alley, bike or pedestrian paths, or sidewalk (regardless of the City's established solid waste collection schedule). 8 6 l8: S,\NITTIRY SERVtreE €HTIRGES: There shall be assessed fer eaeh s*nreture used fer human based, inprt, trpen rvhether the serviee is residentid er eemmereial; the number er size ef waste iees., 8-6-189: BILLING, COLLECTION, AND TERMINATION OF UTILITY SERVICE: Billing, collection, and termination for utility service shall be processed pursuant to the City billing, collection, and termination policy established by Council Resolution. 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 October, 2018. CITY OF IDAHO FALLS. IDAHO ORDINANCE - CLARIFYING SANITATION SERVICE FEE PAGE 3 OF 5 REBECCA L. NOAH CASPER, MAYOR ATTEST: KATHY HAMPTON" CITY CLERK (SEAL) STATE OF rDAHO ) ) 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, AMENDING TITLE 8, CHAPTER 6 TO CLARIFY THE RESIDENTIAL SANITATION SERVICE FEE; PROVIDTNG SEVERABILITY, CODIFICATION, PUBLICATION BY SUMMARY, AND ESTABLISHTNG EFFECTIVE DATE." ORDINANCE _ CLARIFYING SANITATION SERVICE FEE PAGE 4 OF 5 (sEAL) KATHY HAMPTON, CITY CLERK ORDINANCE _ CLARIFYING SANITATION SERVICE FEE PAGE 5 OF 5

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