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City Council

Regular Meeting

Idaho Falls, ID · July 1, 2019

AgendaMinutes

Minutes

July 1, 2019 The City Council of the City of Idaho Falls met in Council Work Session, Monday, July 1, 2019, in the Council Chambers in the City Annex Building located at 680 Park Avenue in Idaho Falls, Idaho at 3:00 p.m. Call to Order and Roll Call: There were present: Mayor Rebecca L. Noah Casper Councilmember Thomas Hally Councilmember Jim Francis Councilmember Michelle Ziel-Dingman Councilmember Shelly Smede Councilmember Jim Freeman Councilmember John Radford (arrived at 3:02 p.m.) Also present: PJ Holm, Parks and Recreation Interim Director Royce Clements, Police Captain Mason Handke, Special Events Coordinator Shane Kaiser, Police Lieutenant Duane Nelson, Fire Chief Catherine Smith, Idaho Falls Downtown Development Corporation (IFDDC) Executive Director Krisi Staten, War Bonnet Round Up Board Member Pamela Alexander, Municipal Services Director Mark Hagedorn, Controller 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 items: Calendars, Announcements and Reports: July 1, City Council Work Session July 4, City Holiday July 8, City Council Budget Workshop July 9, Westside Ag Tour; and, City Council Meeting July 10-12, Idaho Consumer Owned Utilities Association (ICUA) July 15, 16, 18, City Council Budget Workshops July 19, Great Race July 22, City Council Work Session July 23 and 24, City Council Budget Workshops (optional) July 25, City Council Meeting July 27, Airport Annual Meeting July 31, War Bonnet Round Up Rodeo Kick-off August 1-3, War Bonnet Round Up Rodeo August 5, City Council Work Session August 6, Idaho Falls Police Department (IFPD) Community Night Out August 8, City Council Meeting August 8-10, Youth Jam August 10, Duck Race Mayor Casper briefly reviewed the FY2020 City Budget Calendar per the Association of Idaho Cities (AIC) Budget Manual; the hiring planning calendar for the Parks and Recreation Director; and, announced Carla Bruington as the 1 July 1, 2019 new Executive Assistant to the Mayor. She also recognized the Rising Star award to Michael Kirkham, Assistant City Attorney. Acceptance and/or Receipt of Minutes: There were no minutes to accept. Liaison Reports and Concerns: Councilmember Hally believes previous Ag Tours have been worthwhile. He also expressed kudos to the workers on the Broadway project, he noted the IFDDC and the Idaho Falls Redevelopment Agency have contributed funds to this project. Councilmember Smede had no items to report. Councilmember Freeman had no items to report. Councilmember Francis had no items to report. Councilmember Radford had no items to report. Councilmember Dingman reiterated the July 27 Airport Annual Meeting. Alcohol Ordinance Discussion: Interim Director Holm stated revisions to the alcohol ordinance have occurred over the previous 2-3 years. He believes these changes have worked well with the Parks and Recreation (P&R) Department and the user groups within the community. Current proposed changes will include alignment with State code, time changes, and, permitting issues. He noted these changes have been reviewed within the Special Events Committee meetings. Interim Director Holm reviewed the proposed changes with general discussion throughout including the Benevolent, Charitable or Public Purposes Permit (this change would allow additional events at the zoo and for the IFDDC); the inclusion of beer and wine at The Broadway Plaza as a P&R rental facility; and, a designated time frame versus a length of time (between noon and 2:00 a.m., although any event beyond 10:00 p.m. will require additional approval by the IFPD and the Idaho Falls Fire Department (IFFD)). He noted additional fees associated with permitted events will be discussed to be included in the upcoming fee resolution. Captain Clements concurred that additional resources may be needed for the extended time of an event. Mayor Casper believes the fees should be cost-neutral and not as a revenue. Interim Director Holm indicated these proposed alcohol changes are being requested with the intent to include additional fees in the fee resolution. Mr. Fife believes there are two (2) concepts that compete with one another – the right of peaceable assembly that cannot be prohibited because of costs, and, the City has to give the service that is available for crowd control although an increment can be charged for an event over and above as long as it does not prohibit the event. Mayor Casper believes there needs to be a balance with enforceability, the need to be friendly to community events, fundraising, cost recovery, and, State Code. Councilmember Freeman expressed concern regarding the 2:00 a.m. timeframe. He questioned the denial of an event until 2:00 a.m. Mr. Fife stated any denial must be nondiscriminatory applied. Councilmember Dingman believes there should be criteria with extended hours. Interim Director Holm stated there is currently no specific checklist, each event is reviewed with the Special Event Committee which includes representatives from several City departments. Mr. Handke stated the history could be reviewed for each event requesting extended hours. Mr. Fife stated the parameters need to be established within the ordinance with application review by the committee. Lt. Kaiser stated the security review practice has been, and will continue to be, occurring. Mr. Handke reviewed the application review and approval process. Councilmember Hally expressed his concern with large events occurring until 2:00 a.m. Councilmember Francis does not believe all venues should be eligible for the 2:00 a.m. time frame. Mayor Casper requested Council consensus for the after-hours permit for each location/venue: Sandy Downs and Noise Park – Councilmember Freeman expressed his concern with Sandy Downs. He indicated there were complaints from the adjacent neighbors following last year’s rodeo. Councilmember Dingman does not believe the impact of alcohol would change the situation. She is hopeful P&R and the War Bonnet Board of Directors will address this issue. Interim Director Holm does not believe most events will apply for the extended time frame. Mayor Casper reminded the Council to consider what the zone allows and any approval of the amended ordinance should consider worst-case scenario. Additional discussion for consensus of location/venues: The Pier at Snake River Landing – 2:00 a.m.; Civitan Plaza – Council recommended 10:00 p.m., IFDDC recommended 10:00 p.m. Captain Clements stated there are several residents in the downtown area. He recommended 10:00 p.m. for any outdoor venue near residents. Sportsman Park – 10:00 p.m.; Freeman Park – 10:00 2 July 1, 2019 p.m.; Idaho Falls Park Zoo at Tautphaus Park – 10:00 p.m.; Tautphaus Park Multi-use Shelter – 10:00 p.m.; Skyline Activity Center – 2:00 a.m.; The Broadway – 2:00 a.m.; and, a closed public street – 2:00 a.m. It was reiterated all events with requesting the extended time frame would be considered on a case-by-case basis with the Special Events Committee. Mayor Casper stated hard liquor is also being proposed for Sandy Downs and Noise Park as well as the after-hours permit. Interim Director Holm stated War Bonnet Round Up Rodeo sponsors have previously preferred after-rodeo events that extend beyond the current hours allowed for alcohol. He believes this is a good opportunity to finish off the rodeo. He prefers the extended hours which would be self-policed. Councilmember Dingman stated this ordinance would apply, and needs to be considered, for all events at Sandy Downs, not just the rodeo. Councilmembers Freeman and Hally prefer 12:00 a.m. for Sandy Downs. General comments followed. Interim Director Holm stated follow-up discussion will occur at the July 22 Council Work Session for inclusion on the July 25 Council Meeting agenda. Mayor Casper requested concerns from Chief Nelson regarding public safety. Chief Nelson stated the IFFD sees a spike of public safety needs occurring on weekend evenings, regardless of the event(s). Brief discussion followed regarding the inclusion of the Library and the non-hours at Melaleuca Field as well as the current approval process. Preliminary Budget Introduction: Director Alexander stated budget documents are available for the 2019/2020 proposed budget. Discussion will need to occur for salary and benefits (an increase of 25% over the previous seven (7) years) and the accumulation effect of the Cost of Living Adjustment (COLA) and/or wage inflations over the previous years. The wage inflation proposal has been moved to the priorities list. Information regarding a 3% levy increase will also be included for discussion. Mr. Hagedorn stated analysis has occurred with property taxes for the allowable 3% increase. Annexation and new construction has been affected by the closure of the Snake River Redevelopment District. Valuation amounts from the County will be available in the next 3-4 weeks following any hearings/challenges to the increase of property taxes. Mr. Hagedorn expects a 10-12% increase in valuation, this will decrease the levy rate. An estimated amount of $130M in new construction has been calculated, which includes approximately $80M of the closure of the Snake River Redevelopment District. It was noted new construction is in effect upon occupancy. Overall valuation is anticipated at $300-$400M. Mr. Hagedorn stated the maximum increase is based off the statutory 3% increase which includes new construction and annexation plus the 3% allowable. He noted the foregone balance is approximately $5.3M. Any monies from foregone will require public hearings. Mayor Casper stated this information will be thoroughly discussed at upcoming budget sessions. She noted personnel issues are a concern. Mr. Hagedorn concurred. He stated the ability to expand is more restrictive based on revenue. Revenues typically increase $1.5-2M annually. The majority of revenue is from property tax and State-shared revenues. Mayor Casper recommended Council review the one-time and on-going expenses. Director Alexander stated worksheets will also include the presentation schedule and a list of requests for capital and operating budget. Councilmember Radford noted large capital projects (in the amount of $24M) include Airport and Idaho Falls Power projects. These projects are funded by federal grants. There being no further business, the meeting adjourned at 4:35 p.m. s/ Kathy Hampton s/ Rebecca L. Noah Casper CITY CLERK MAYOR 3

Agenda

Approved Idaho Falls Sister City Youth Meeting-Minutes June 5, 2019 Attendees: Aurora Mahoney Kylie Eaton Jo Gallegos Katie Eaton Jorge Padron Max Medema Charlie Medema Heather Medema Jennifer Thompson Abby Gallegos Aiden Gallegos Lori Kidwell Sam Hawker Teddy Matranga David Matranga Peter Cebull Nick Cebull Nathan Peck David Eaton Carter Thompson Kendra Peck Maggie Boring Wendy Boring Stephanie Van Ausdeln Rebecca Smith Membership: Jennifer Thompson paid membership dues for Carter and Kayleigh’s membership. Nathaniel Nakashima turned in Student Application. Need Code of Conduct and membership dues. Teddy Matranga turned in Host Family Form. Approval of minutes: Lori Kidwell motioned to approve May 13, 2019 meeting minutes and seconded by Peter Cebull. Reminder: Idaho Falls Sister City Youth next meetings are scheduled for June 17, 2019 at 7:00 at the Idaho Falls Public library. Treasurer’s Report: Garage Sale profits were close to $900.00. Student Activities Skype: Nicholas Cebull is going to schedule a skype with students from Tokai Muri. He asked for students to be thinking about topics and games to play during the Skype. Host Families: By the next meeting families will learn about the student they will host. Whitney will be getting this information. Activities and Games: Nicholas Cebull asked for suggestions from students for games or activities for the Welcome meeting, Farewell Meeting as well as for bus games.  Relay of some sort  Water balloon volleyball  Potato sack racing  Horse shoes- Lori Kidwell  Frisbee Golf  Corn Hole  Bocce Ball Thompson and Eaton’s  Tic Tac Toe  Ladder Golf Eaton and Thompson  Badmitton  Soccer/goals  Flag Football Farewell Dinner Needs: Manage needs: Students to have a powerpoint presentation which will describe to students the reason for .each holiday. A sign up sheet was sent around for student to sign up to help with each holiday at the farewell dinner Easter holiday requires Japanese students to bring a basket Eggs are needed to be filled and placed in the field outside of Hope Lutheran. Halloween Japanese students will need a costume. Abby Gallegos will coordinate the giving of candy by neighbors. Christmas requires Japanese and American students to each bring a gift to exchange. Someone needs to come up with a creative way (poem) for students to exchange gifts. Thanksgiving Dinner needs students to have a powerpoint presentation which will describe to students the reason for the meal. Bus games needs: Students need to come up with a variety of games to play on the bus. Aurora will manage buss games. Snacks: Nathan suggested that families bring snacks to the 1st meeting in July. Snacks are used for every bus ride. Suggested snacks are anything chocolate, hard candies, Capri Sun, protein bars, fruit snacks, etc. Day Coordinator and Meal Coordinators: Sign up sheets for both day coordinator and meal coordinators will be discussed at the next meeting. Nicolas Cebull motioned that the meeting be adjourned. It was seconded by Charlie Medema. IFSCY Approved Meeting Minutes June 17, 2019 Attendees: Cameron Laura Combs Sam Hawker Andrew Nakashima Anna St. Michel Archer Abby Lori Ann Kidwell Nate Nakashima Izabel Whitney St. Melinda Cebull Gallegos David Matranga Kelley Michel Nicholas Cebull Aidan Delsina Gabe Padron Charlotte Gallegos Matranga Jorge Padron Combs Jo Gallegos Minutes The June 5th meeting minutes were provided to the group by email. Rebecca motioned to approve the meeting minutes and Kendra seconded the motion. Treasurer’s Report Lori provided the following information in the treasurer’s report. Current Balance Previous Balance Savings $25.05 $25.05 Checkin $8,727.90 $6353.90 Money Market $3276.09 $3275.39 Deposits: Fluor Idaho Donation $1,000 Donation in Charlie Medema’s name $500 Garage Sale $874 Dues $35 We have not received a check from the city to help with hosting this year. T-Shirts The students selected a design for the group t-shirts last meeting. Students picked royal blue as the color for the t-shirts. Whitney passed around a sign-up sheet for people to indicate the number and sizes of t-shirts. The shirts will cost $10 each. If you want a t-shirt and have not signed up for one, please contact Whitney before the end of the week. Host Family Information Whitney passed around information about the delegates coming from Tokai. She will email the information to the group. Exchange Agenda Review Whitney led a discussion of the draft exchange agenda and sent around a sign-up sheet for helping with the hosting activities. The group will reimburse costs for food for meals or other cost associated with coordinating activities. If you volunteer to coordinate a day, you are in charge of student counts, times for activities, organize groups, etc for the day. Whitney is willing to help anyone so you will not have to do everything on your own. The list of volunteers is provided below. If you would like to volunteer for any of the open spots, contact Whitney. 7/25 - Arrival Gathering (1 pt) Coordinate initial meeting at the Friendship Garden - Melinda Cebull / Heather Medema (1 pt) Welcome bags, name badges, order t-shirts. Whitney St. Michel Notes: · Whitney has “Idaho” shopping bags from Albertsons. · Abby and Aidan will do the name badges for the group. · Kendra needs a list names of members or our group and family members who will attend activities. Haruka has volunteered to translate the names and get them back to Kendra for Abby and Aidan to use for the name badges. · Ideas for the bags included sunscreen, Klenex, small flash light, and chap stick. 7/26 - City Day (1 pt) Coordinate day (mayor visit, fire station, fire truck ride, lunch games (students?), CAES visit - Laura Combs will plan CAES) ______________________________________ (1-2 pts) Lunch, drinks, snacks & drinks. Melinda Cebull & Heather Medema (1 pt) Coordinate Welcome Party ________________________________ Welcome Speech & Introductions – Dave Eaton 7/27 & 7/28 Are family days – No coordination needed. 7/29 - Yellowstone Day (1 pt) Coordinate day (Plan route, organize the day – tell people where to meet, etc) _______________________________________ (1 pt) Breakfast on the bus. Melinda Cebull & Heather Medema (1-2 pts) Lunch and drinks. Melinda Cebull & Heather Medema Snacks & Drinks – Everyone Donates (1-2 pts) Dinner in West Yellowstone Teddy Matranga 7/30 – Craters of the Moon/EBR-1 Day (1 pt) Coordinator (Plan times, lunch spots, literature, EBR-1, etc) Laura Combs Snacks & Drinks – Everyone Donates (1-2 pts) Lunch Rebecca Smith 7/31 – Lagoon Day (1pt) Coordinate (Plan times, head counts, POC w/ bus & Lagoon) Andrew Nakashima (1 – 2 pts) Lunch Kendra Peck 8/1 Tentative Rodeo / School Visits (1 pt) Coordinate _________________________________ Note: · Whitney called D91. She will call principals at Compass and Skyline. · Whiney has not heard back from the city about the rodeo · May need a coordinator for both school visit & another for rodeo · Suggested other activities were games at the Skyline activity center, Chuckar’s game, or family night. 8/2 Big Springs Day (1 pt) Coordinate rafting & snacks and drinks on the river Laura Kelley (1 pt) Lunch at Big Springs picnic area (Hot dogs, s’mores, chips, drinks) ____________________ 8/3 Family Day 8/4 Farewell Party (1 pt) Coordinator (schedule dinner & coordinate activities) ________________________ (1 -2 pts) Farewell Dinner Heather Medema & Melinda Cebull Farewell Speech Jorge Padron Note: · Jorge volunteered to have the farewell party at his house. · It was suggested we ask Gretchen if she will show students how to paint ornaments Next Meeting Several board members will be out of town on July 10th which is the date of the next regularly scheduled meeting. Our next meeting will be on June 26th at 7 p.m. at the Skyline activity center (1575 N Skyline Dr, Idaho Falls, ID 83402) Student Meeting Activities and Games: Discussion of the following games for the Welcome meeting, Farewell Meeting as well as for bus games.  Relay of some sort  Water balloon volleyball  Potato sack racing  Horse shoes- Lori Kidwell  Frisbee Golf  Corn Hole  Bocce Ball Thompson and Eaton’s  Tic Tac Toe  Ladder Golf Eaton and Thompson  Badmitton  Soccer/goals  Flag Football Students are to sign up for games they want to be in charge of and will be contacted by Nicholas Cebull or Nathan Peck. Poster: Welcome posters were made for students arrival. Video: A Video was made of the IFSCY group students stating their names. A motion to adjourn was made by Rebecca and seconded by Kendra. PJ Holm, Interim Director, Parks and Recreation Department Wednesday, June 26, 2019 City Code Amendment Item Description The Parks and Recreation Department respectfully submits a draft of an ordinance amending City code sections 4-3-16, 4-4-11 and 8-3-5 in advance of the Work Session discussion. Purpose This ordinance amendment comports with the PBB livability, economic and safety result by providing more options to consumers at area events, expanding safety requirements, as well as fostering fiscal growth by increasing revenue. Fiscal Impact / Financial Review If approved, this ordinance revision would increase revenue for the City by offering more selections at special events for attendees to purchase. This in-turn, would attract larger crowds. Legal Review This ordinance draft was prepared and approved by the City Legal Department. Interdepartmental Review n/a Recommended Action It is the recommendation of the Parks and Recreation Department to approve the amended ordinance and for the Mayor to execute the necessary documents. ☒ Economic ☐ Governance ☐ Growth ☐ Learning ☒ Livable ☒ Safety ☐ Sustainability ☐ Transportation 2 ORDINANCE NO. _________ AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, AMENDING CITY CODE SECTIONS 4-3-16, 4-4-11; AND 8-3-5 TO CLARIFY WHICH ALCOHOLIC BEVERAGES MAY BE POSSESSED AND CONSUMED IN THE CITY’S PUBLIC PARKS AND OUTDOOR RECREATION FACILITIES PURSUANT TO THE CITY’S PERMITTED EVENT REGULATIONS; TO COORDINATE ALCOHOL USES AT THE ZOO WITH CITY SPECIAL EVENT PERMITTING REQUIREMENTS; AND PROVIDING A LIST OF PUBLIC PARKS THAT ARE LIMITED TO BEER AND WINE CONSUMPTION ONLY; PROVIDING SEVERABILITY, CODIFICATION, PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE. WHEREAS, the Council has established a number of regulations regarding the consumption of alcohol within the City; and WHEREAS, the regulation of alcohol in certain locations within the City occasionally requires adjustment, in order to accommodate changing circumstances; and WHEREAS, the construction of the Maeck Educational Center in the Zoo and Tautphaus Park provides an opportunity for zoo and other fundraising events; and WHEREAS, the Council has determined that, in certain City parks, not all alcoholic beverages are appropriate for consumption; and WHEREAS, the Council wishes to provide a list of park locations that are to be limited to beer and wine alcohol consumption only; and WHEREAS, the construction of an outdoor public plaza and outdoor facility at 330 Memorial Drive provides a community gathering place for multiple users; and WHEREAS, these locations should be included in City-regulated spaces where alcohol may be consumed, pursuant to State and City Code provisions. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF IDAHO FALLS, IDAHO, THAT: SECTION 1. Title 4, Chapter 3, Section 16, of the City Code of the City of Idaho Falls, Idaho, is hereby amended as follows: 4-3-16 BEER SOLD OR DONATED FOR BENEVOLENT, CHARITABLE OR PUBLIC PURPOSES - PERMIT REQUIRED: ORDINANCE – PERMITTED EVENT ALCOHOL USESPAGE 1 OF 7 ... (C) Any permit issued to an applicant who desires to conduct a charitable event within the City shall be subject to the following conditions: ... (3) Charitable events may be conducted within the confines of (a) the public plaza located at the corner of Park and B Street, or (b) the Tautphaus Park Zoo, which plaza or Zoo shall be considered to be the "premises" for the purpose of sections 4-3-17(B)(5) and 8-3-4(C) of this Code and the applicant shall not sell or dispense beer outside such area. The applicant shall also erect and maintain in a conspicuous location within such plaza or Zoo at least two (2) signs with large letters no less than two inches (2") high bearing an appropriate legend which adequately apprises the customer of the prohibitions set forth in section 4-3-17, City Code. Failure to construct or maintain such sign shall be grounds for summary revocation of such permit. For the purposes hereof, the term "Zoo" shall consist of that area bounded by the perimeter fence of the Idaho Falls Tautphaus Park Zoo, but in no event closer than thirty (30) feet measured perpendicularly to such fence. Events conducted within the Zoo shall be subject to the further condition that all net proceeds derived from such event shall be used for the benefit of or donated to the Tautphaus Park Zoo. SECTION 2. Title 4, Chapter 4, Section 11, of the City Code of the City of Idaho Falls, Idaho, is hereby amended as follows: 4-4-11: WINE SOLD OR DONATED FOR BENEVOLENT, CHARITABLE OR PUBLIC PURPOSES - PERMIT REQUIRED: ... (C) Any permit issued to an applicant who desires to conduct a charitable event within the City shall be subject to the following conditions: ... (3) Charitable events may be conducted within the confines of i) the public plaza located at the corner of Park and B Street, or (ii) the Tautphaus Park Zoo, which plaza or Zoo shall be considered to be the "premises" for the purpose of Sections 4-4-12(B)(5) and 8-3-4(C) of this Code and the applicant shall not sell or dispense wine outside such area. The applicant shall also erect and maintain in a conspicuous location within such plaza or Zoo at least two (2) signs with large letters no less than two inches (2") high bearing an appropriate legend which adequately apprises the customer of the prohibitions set forth in Section 4-4-12, City Code. Failure to construct or maintain such sign shall be grounds for summary revocation of such permit. For the purposes hereof, the term "Zoo" shall consist of that area bounded by the perimeter fence of the Idaho Falls Tautphaus Park Zoo, but in no event closer than thirty feet (30’) measured perpendicularly to such fence. Events conducted within the Zoo shall be subject to the further condition that all net proceeds derived from such event shall be used for the benefit of or donated to the Tautphaus Park Zoo. ORDINANCE – PERMITTED EVENT ALCOHOL USESPAGE 2 OF 7 SECTION 3. Title 8, Chapter 3, Section 4, of the City Code of the City of Idaho Falls, Idaho, is hereby amended as follows: 8-3-4: ALCOHOLIC BEVERAGES IN PARKS: ... (C) Notwithstanding Section (B) hereof, beer and winealcoholic beverages may be possessed and consumed in any public park, outdoor recreation area or facility, or any public parking lot adjacent thereto pursuant to the following: (1) within the premises designated for any person holding a retail beer or winealcoholic beverage license to sell or dispense beer or winealcoholic beverages within such public park, outdoor recreation area or facility, or any other public parking lot adjacent thereto. The boundaries of such premises shall be conspicuously posted by such licensee or by the City upon or near such premises. Nothing in this Section shall prohibit such retail licensee or his agents, employees or suppliers from transporting beer or winealcoholic beverages to the premises for sale or disposition, or (2) during a Permitted Event authorized by this Chapter. SECTION 4. Title 8, Chapter 3, Section 5, of the City Code of the City of Idaho Falls, Idaho, is hereby amended as follows: 8-3-5 PERMITTED EVENTS (A) INTENT: This Permitted Event process is intended to allow the sale and consumption of beer and winealcoholic beverages only (and not liquor), in certain designated locations within the city, pursuant to these Permitted Event regulations and is not intended to amend or expand this Code or any other applicable law or regulation beyond the scope of the particulars of this Section or beyond the hours of the Permitted Event. Sanitary, health, litter, police, fire, alcohol vending, and other laws and regulations shall be unaffected by this Section. This Section shall not act as a waiver of any State, County, or local requirement of a permit or licensure related to sales and/or distribution of alcohol, including a requirement for a catering permit; a beer and wine permit for benevolent, charitable and public purpose events; or a winery sponsored event permit. ... (C) LOCATION AND DURATION OF PERMITTED EVENTS: 1. A pPermitted eEvent, for beer and wine consumption only, shall be allowed only in the following locations within the City: a. Noise Park a b. The Pier at Snake River Landing c. Sandy Downs b d. Civitan Plaza ORDINANCE – PERMITTED EVENT ALCOHOL USESPAGE 3 OF 7 c e. Sportsman’s Park at Tthe shelters and bandshell at Freeman Park, provided that the consumption areas do not extend beyond two hundred feet from the structures. d f. Idaho Falls Park Zoo at Tautphaus Park, e g. Tautphaus Park Multi-Use Shelter, including grassy area to the east of the shelter, which shall not include the fenced baseball fields or Rodgers Street, extending four hundred fifty (450) feet east from the shelter, f h. Skyline Activity Center, g i. The public plaza located at 330 Memorial Drive, h j. A closed public street, provided that the City Police Chief, or his or her designee, has approved the street closure for an event. 2. A permitted event, for any alcoholic beverage, shall be allowed only in the following locations within the City: a. Sandy Downs b. Noise Park 23. No Permitted Event shall be allowed: a. Where the outdoor alcohol sales and consumption area of the Permitted Event is within three hundred feet (300’) of an outdoor location reserved with the Parks and Recreation Department prior to an application for a Permitted Event where children are likely to be present, unless the alcohol sales and consumption area of the Permitted Event is either entirely screened from view or the person reserving the relevant location has no objection to the location of the alcohol sales and consumption area. b. Within two (2) hours of the termination of another Permitted Event held at the same location. c. Where, in the reasonable judgment of the Chief of Police or the City Fire Marshall or their respective designees, a Permitted Event is likely to become a public nuisance. ... (E) EVENT PERMIT REQUIREMENTS: Each of the following shall be required for every Permitted Event: ... ORDINANCE – PERMITTED EVENT ALCOHOL USESPAGE 4 OF 7 2. LICENSED ALCOHOL VENDORS: a. Unless otherwise specifically authorized in writing by the City Parks and Recreation Director at least ten (10) days prior to a Permitted Event, there shall be only one (1) licensed vendor or Event Sponsor that shall sell or dispense of alcohol at a Permitted Event. The City shall play no role in determining which vendor(s) shall be selected to sell or dispense alcoholic beverages during the Permitted Event. b. All alcoholic beverages sold or dispensed at a Permitted Event shall only be sold or dispensed by a licensed alcohol vendor. When the Event Sponsor has a benevolent, charitable, or public purposes alcohol permit, the Event Sponsor, its employees, volunteers, or agents may directly sell or dispense at a Permitted Event. a.c. c. Every licensed alcohol vendor or Event Sponsor at a Permitted Event shall obtain and comply with all alcohol-related laws and regulations, including, but not limited to, the City requirement of a City catering permit; a State beer and wine permit for benevolent, charitable, or public purpose events; or a winery sponsored event permit. ... 3. SALES AND CONSUMPTION OF ALCOHOL: ... b. All alcohol sales, dispensing, and consumption shall only take place inside the approved alcohol sales, dispensing, and consumption area(s) designated by the Event Sponsor(s) and as shown on the approved site map required. Alcohol shall only be sold or dispensed for not more than a total of six (6) hours during a Permitted Event between the hours of 12:00 PM to 10:00 PM. An Event Sponsor may apply for extended hours to sell and dispense alcoholic beverages for longer than a total of six (6) hours, or to sell and dispense alcoholic beverages until 2:00 AM, or both, by submitting an extended alcohol service application. The Park and Recreation Director and Police Chief, or their designees, shall review and approve the extended alcohol service application. The application must include i) satisfactory and specified plan to mitigate public nuisances, such as noise and traffic, associated with the extended service, ii) provides for additional security in an amount satisfactory to Chief of Police, or his or her designee, and i)iii) and pays an administrative fee in an amount set from time to time by Resolution by the Council. ... ORDINANCE – PERMITTED EVENT ALCOHOL USESPAGE 5 OF 7 SECTION 5. 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 6. 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 7. 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 8. 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 February, 2019. 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, AMENDING CITY CODE SECTIONS 4-3-16, 4-4-11; AND 8-3-5 TO CLARIFY ORDINANCE – PERMITTED EVENT ALCOHOL USESPAGE 6 OF 7 WHICH ALCOHOLIC BEVERAGES MAY BE POSSESSED AND CONSUMED IN THE CITY’S PUBLIC PARKS AND OUTDOOR RECREATION FACILITIES PURSUANT TO THE CITY’S PERMITTED EVENT REGULATIONS, TO COORDINATE ALCOHOL USES AT THE ZOO WITH CITY SPECIAL EVENT PERMITTING REQUIREMENTS, AND TO PROVIDING A LIST OF PUBLIC PARKS THAT ARE LIMITED TO BEER AND WINE CONSUMPTION ONLY; PROVIDING SEVERABILITY, CODIFICATION, PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE.” _______________________________________ (SEAL) KATHY HAMPTON, CITY CLERK ORDINANCE – PERMITTED EVENT ALCOHOL USESPAGE 7 OF 7

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