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City Council

Regular Meeting

Idaho Falls, ID · July 27, 2020

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Minutes

July 27, 2020 Work Session The City Council of the City of Idaho Falls met in Council Work Session, Monday, July 27, 2020, 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 Michelle Ziel-Dingman Councilmember John Radford (by WebEx at 3:09 p.m.) Councilmember Thomas Hally Councilmember Jim Freeman Councilmember Jim Francis Councilmember Shelly Smede Also present: Brad Cramer, Community Development Services Director Pamela Alexander, Municipal Services Director Mark Hagedorn, Controller PJ Holm, Parks and Recreation Director Randy Fife, City Attorney Michael Kirkham, Assistant City Attorney Kathy Hampton, City Clerk Mayor Casper called the meeting to order at 3:02 p.m. with the following items: Acceptance and/or Receipt of Minutes: It was moved by Councilor Francis, seconded by Councilor Freeman, to receive the recommendations from the Planning and Zoning Commission meetings for July 7, 2020 and July 21, 2020 pursuant to the Local Land Use Planning Act (LLUPA). Roll call as follows: Aye – Councilors Hally, Francis, Dingman, Smede, Freeman. Nay – none. Motion carried. Calendars, Announcements and Reports Mayor Casper stated the Idaho Falls Police Department (IFPD) will participate in the annual seat belt campaign August 1 through August 7. July 28, Budget Session July 29, Utah Associated Municipal Power Systems (UAMPS) Virtual Tour; and, Governor’s Elected Officials Call July 30, City Council Meeting August 10, City Council Work Session August 13, Power Board Meeting; and, City Council Meeting including budget-related hearings August 14, Costco Ribbon Cutting August 15, CSP Run Walk August 17-18, UAMPS Virtual Annual Meeting August 21, Council-directed Post-hearing Budget Session (tentative, this date could be changed due to virtual UAMPS Annual Meeting) August 24, City Council Work Session August 27, City Council Meeting September 4, Deadline to submit items for November ballot September 7, Labor Day September 8, City Council Work Session September 10, Northwest Public Power Association (NWPPA) Annual Meeting; and, City Council Meeting 1 July 27, 2020 Work Session Mayor Casper briefly reviewed the upcoming budget calendar. Future discussion will need to occur regarding potential November ballot items. Coronavirus (COVID-19) Update: Mayor Casper stated the infection rate as of July 25 is 11.5. She briefly reviewed data since the mask-wearing order went into effect, noting some days were below the required cases. However, the mask-wearing order is in effect for 14 days and the City does not have the jurisdiction to un-do any order. Liaison Reports and Council Concerns: Council President Dingman had no items to report. Councilor Francis stated the Parks and Recreation (P&R) Department has received the analysis report for the Aquatic Center. He also stated the Sister Cities display project is moving forward at the Library with cooperation of the Library, the Airport, and the Museum of Idaho. He noted there are 40 years of gifts. He also noted the goal of the project is to be completed by June of 2021, with the anticipated delegation arrival on July 1, 2021. Councilor Hally recommended individuals review the history of John Lewis especially regarding the extension of voting rights in the south. He noted the name of a high school in Washington DC is being changed from Robert E. Lee High School to John Lewis High School. Councilor Smede had no items to report. Councilor Freeman stated construction season is underway which is affecting several streets and areas. Councilor Radford had no items to report. Public Hearing Format Training: Mayor Casper stated the Association of Idaho Cities (AIC) has recommended the order of presentations for public hearings be the applicant, staff, and then members of the public. The order of presentations for the City has typically been staff, the applicant, and then members of the public. Mayor Casper indicated Director Cramer has tried this switch at two (2) Planning and Zoning (P&Z) Commission public hearings and believes the City should try this switch as well. Director Cramer believes by staff presenting first it appears the City is the applicant or it appears the City is advocating for the applicant. He also believes the applicant should be explaining the project with any follow-up from staff. He noted the applicant may present items that may not be relevant. This new process will occur at the July 30 Council Meeting with follow-up discussion. Mayor Casper stated follow-up discussion will occur at the August 10 Work Session. She requested staff presentation ensure the relevant information is presented. Mr. Fife stated per the LLUPA, procedures must be stated so individuals know what to expect. Director Cramer stated a resolution had previously been adopted for general public hearing procedures. He will review the resolution for specific language. City Bus Stop Bench Program Discussion: Mayor Casper stated an organization has held a contract for several years for bus benches. Mr. Fife believes the bus bench program has not been in compliance since 2013. He expressed his concern with the allowance of advertising on the City’s Right-of-Way (ROW), the licensing process, and commercial and classic free speech. He also expressed concern with the use of these benches and Targhee Regional Public Transit Authority (TRPTA). He does not believe the bus benches support or are relevant/consistent to TRPTA. He recommended this program be ceased. The program could be revived with City control of the message/advertising, the look and placement, and regulation. Mr. Fife stated documentation was sent to the previous entity to cease the program although he has not heard from the individual/entity since that documentation was sent. He noted there is no ownership of the benches by the City, these are privately owned. If the program is ceased, the benches must be removed. Council President Dingman stated per TRPTA, the benches are primarily located where TRPTA has not served, the benches are not Americans with Disabilities Act (ADA) accessible, the community often believed they were related to bus service so TRPTA was called when a bus did not arrive, and there were maintenance issues. She believes this provides an opportunity for a re-start/re-fresh for TRPTA. She also believes it’s not in the City’s best interest for those concerns identified by Mr. Fife. Mayor Casper believes this program may have been an entrepreneurship. Councilor Freeman believes the benches should be an asset for public transportation. To the response of Councilor Smede, Council President Dingman reiterated the City does not own the benches, negotiations would need to occur to keep the benches as appropriate. Councilor Hally believes the benches were a way to make money off of City property. He also stated discussion 2 July 27, 2020 Work Session previously occurred with TRPTA to improve the benches although he believes the process was ignored. Mayor Casper stated the removal of the bus bench program will be included on the July 30 Council Meeting agenda. She also stated the Idaho National Laboratory (INL) may need to be contacted as standards may need to be developed in the event of the INL use. Councilor Francis questioned the use of the bus bench at the Library. Mr. Fife stated staff would try to accommodate any bench. Mayor Casper stated there would be a goal to get a bench at any future TRPTA stop. Council President Dingman believes the transit service would contract with the City. Councilor Radford believes there is a benefit for advertising, with possible local-match funds from businesses. Door-to-Door Solicitations Follow-up Discussion: Mr. Kirkham noted this item was previously discussed at the June 15 Council Work Session. He stated legal has recommended amending the current ordinance as he believes there is a restriction that burdens individuals’ first- amended rights to engage in speech and, unfairly burdens the rights to earn an honest living. He also stated legal staff has worked with the IFPD for any criminal history that would make an individual eligible or ineligible to receive a Door-to-Door permit. This would allow more individuals to receive the permit. Councilor Freeman reminded the Council of a previous Door-to-Door license denial appeal. He believes this needs to be less likely to be challenged as similar to the language in the recently-amended child care ordinance. Councilor Francis believes the categories in the time-frame ban have been identified. He believes this is a balance of regulation. Mayor Casper stated this item will be included on the July 30 Council Meeting agenda. Follow-up Discussion Regarding 2020-21 Budget Mayor Casper stated numbers for the Property Tax Relief Program were previously estimated at $4.2M, the current numbers indicate $7M. This higher amount changes the calculations for the citizens. Director Alexander noted the cities with higher populations received more allocation. Mr. Hagedorn also stated numbers changed because not all cities have public safety functions. The property tax/levy calculation update was reviewed as follows: Levy Calculation 2019-2020 Property Tax Levy $ 36,970,601 2019-2020 Personal Property Replacement & Agriculture Equipment 478,160 Total 2019-2020 Property Tax Revenue $ 37,448,761 New Growth - Net Taxable Value Add 2019 New Annexations: $ 43,009,757 0.008795734 $378,302 Add 2019 New Construction: $111,179,613 0.008795734 977,906 2019 - 2020 Personal Property Replacement & Agriculture Equipment (478,160) 2019 - 2020 Certified Property Tax with Current Growth $38,326,809 Add Statutory Allowable Increase - (3% of the highest of the last three (3) years certified property tax) $ 37,448,761 3.00% $1,123,463 Prior years’ foregone amount: $5,387,930 Total amount that can be levied: 44,838,202 Amount of available tax revenue not levied: (6,511,393) Property Tax Revenue $ 38,326,809 Mr. Hagedorn stated the previous levy rate is based on calculation and will change to the new levy rate. The Council must decide where the increase is allocated. Property Tax Relief = $7,032,257, the reimbursement amount to the City would be at 103% translating to an increase of $210,967 in revenues. Mr. Hagedorn reviewed the estimated amounts based on valuation (this will be set in November) for $150,000, $200,000, $250,000, $300,000, and, $350,000 residential and $500,000, $2M, and, $10M 3 July 27, 2020 Work Session commercial. Mayor Casper stated Bonneville County has opted in to the Property Tax Relief Program which will also create additional savings for citizens. However, because she noted a rebate program will not be available next year, there may be a sizable gap in the following year. Councilor Francis noted this is not property tax reform, this is a temporary relief which must be paid by property owners next year. He believes this will be tough on property owners in the following year. Councilor Hally concurred. He believes the future argument will be to save the cut moving forward. Councilor Smede believes this will be State-wide. Mayor Casper reminded the Council this is a COVID relief. There was consensus of the Council to move forward with the Property Tax Relief Program with a formal action to be included on the July 30 Council Meeting agenda. The total budget number will reflect this program. Councilor Freeman believes there is misinformation with this program and the benefit received may not be as large as some are believing, it is not 20% across the board. Mr. Hagedorn confirmed the amount is based on valuation. Mayor Casper also stated a hearing must be held to preserve the forgone for future years. The public hearing for the forgone will occur on August 13 along with the budget and fee hearings. Allocation of Property – this is set by the Council and presented to the County by fund. The following is the tentative levies by fund with prior year comparison: 2020 Tentative 2021 General Fund $28,801,777 $29,932,985 Streets 3,904,181 3,904,181 Recreation (Rec) 723,204 948,204 Library 2,349,297 2,349,297 Capital Improvement 1,192,142 1.192,142 Total Levy $36,970,601 $38,326,809 Mayor Casper stated three (3) of the levy funds are staying flat. She believes due to the flat levy over time the Rec Levy brought in inadequate revenues in the natural increase of expenses. She questioned any recommendation from the finance team to determine an inflation rate. Director Alexander believes a requested increase occurs each year during Department presentations. Mr. Hagedorn believes City services are increasing when annexation and growth increase. He indicated there are multiple options for increasing the levies including an inflation base, proportionate share, and metrics. An increase of participants could also show where funds are needed. Councilor Freeman is in favor of the current department requests. Councilor Radford stated levies matter with salaries and wages. He in support of an option. Councilor Hally believes there needs to be consistency as costs increase when the City grows. He believes there should be increments in recreation as recreation is a key component to growth in Idaho Falls. To the response of Councilor Francis, Mr. Hagedorn confirmed the City sets the dollar amount and the County sets the levy rates. Councilor Francis believes there will be future issues with the Library. General comments followed regarding the department budget process and presentations. Mayor Casper stated the unfunded priority list was identified/determined by the Council following the department presentations. To the response of Councilor Radford, Mr. Hagedorn stated his predecessor determined the amount for the levy. He was not comfortable with this process, therefore, the focus was to let the Council determine this amount. Director Alexander believed this created a level playing field. Mayor Casper believes there is a risk each year that a fund is flat it is less capable of meeting its obligations. She stated dialogue has occurred regarding indexing, director requested, or metrics for any increase. She believes, per Council, it is more desirable for directors’ presentation versus the finance team assigning increases. Councilor Freeman indicated Director Holm is considering some rate increases. To the response of Council President Dingman, Mr. Hagedorn stated the Rec Levy is the only levy fund in the red. Council President Dingman believes this supports Council decision to increase the Rec Levy to catch up the fund first. Mayor Casper stated the liaison duties should allow a deeper dive with each department, including any levy request. She believes metrics may need to be included in future levy fund discussions. Following additional comments, Mr. Hagedorn stated a broader discussion could occur earlier in the budget process although he believes Council should have the final decision. Mayor Casper reviewed the priorities that were discussed at the July 23 Budget Sessions, including the Police Complex Payment, Dehumidification (dehyde) System/Aquatic Center, Rec Levy, Idaho Falls Redevelopment Agency (IFRdA) funding, Crisis Intervention Team (CIT) Officer, Funland Renovation, Splashpad, and savings. She stated data received from P&R, as well as the amount received from the Property Tax Relief Program, may affect 4 July 27, 2020 Work Session these priorities. She also reviewed possible funding options that may become available including Airport federal fund ($529,000) and the Community Partnership Grant program ($130,000). Mr. Hagedorn stated per the P&R study, the two (2) dehydes amounted to just over $1M with the largest share for the duct work ($510,000). Director Alexander stated follow-up questions will be presented to the preparers of the study including categorizing short-term and long- term items within the study. Director Holm believes the report will be a great tool moving forward to renovate the Aquatic Center. He stated the engineers indicated both dehydes need to be replaced and one (1) dehyde cannot be installed at a time. Construction will also be required to install the larger dehyde system. Councilor Radford questioned the dehydes being delayed until the following year. Director Holm stated the Aquatic Center was in operation for approximately four (4) months without any dehyde, which caused a significant increase to the water damage and overall stress on the facility. He also stated only one (1) dehyde is currently limping along and the other dehyde is inoperable. He indicated this creates a public safety issue. Director Holm noted this item has been included in the budget for the previous ten (10) years although, the recent change in administration has moved this item to a priority request. He is not willing to let this facility break down. Councilor Smede recommended reallocating the Rec Levy amount, a portion of the Funland renovation, and, a portion of the CIT position to the dehyde system. She believes this would maintain the assets that the City currently owns. Councilor Radford believes this is a reactive decision. He believes raising the employee’s salaries should be considered before fixing the dehydes. He stated he will vote against this budget. To the response of Council President Dingman, Director Holm stated it would be his preference to fund the dehyde versus allocating money to the Rec Levy. He is also proposing several fee increases to assist with the Rec Fund. To the response of Councilor Radford questioning employee’s salaries versus the dehyde system, Director Holm stated he is looking out for the P&R facilities and investing/maintaining the current infrastructure is very important. He believes this is a crucial safety need. Mayor Casper stated it is the Council’s responsibility to budget, it is the administration’s responsibility to spend the money wisely. She also stated, per Director Holm, this is a wise expenditure and the Council will need to evaluate that statement. A director should never have to defend their department needs. Brief comments followed. Mayor Casper stated this proposed budget will be presented for tentative approval on the July 30 Council Meeting agenda. She briefly reviewed the items for the July 28 Budget Session. There being no further business, the meeting adjourned at 5:35 p.m. s/ Kathy Hampton s/ Rebecca L. Noah Casper Kathy Hampton, City Clerk Rebecca L. Noah Casper, Mayor 5

Agenda

Honorable Mayor and Council Brad Cramer, Community Development Services Director July 08, 2020 July 07, 2020, Planning Commission Action Planning Commission took the following action during the July 07, 2020 meeting. 1. PLAT18-002: Final Plat. Clay Subdivision Division 1. Generally located south of US Hwy 20, west of Lindsay Blvd., north of W Broadway and east of Interstate 15. On July 7, 2020 the Planning & Zoning Commission recommended to the Mayor and City Council approval of the Final Plat for Clay Subdivision Division 1. 2. PLAT20-019: Final Plat. Fairway Estates Division 25. Generally located North of W 33rd N, East of N 5th W, South of W 65th N, West of N 5th E. On July 7, 2020 the Planning & Zoning Commission recommended to the Mayor and City Council approval of the Final Plat for Fairway Estates Division 25. 3. PLAT20-020: Final Plat. Fairway Estates Division 26. Generally located North of W 33rd N, East of N 5th W, South of W 65th N, West of N 5th E. On July 7, 2020 the Planning & Zoning Commission recommended to the Mayor and City Council approval of the Final Plat for Fairway Estates Division 26. 4. PLAT20-013: Preliminary Plat. Taylorview Homes Division No. 1. Generally located North of E 49th S, East of S 5th W, South of E Sunnyside Road, West of S Holmes Ave. On July 7, 2020 the Preliminary Plat for Taylorview Homes Division No. 1 was postponed. 5. ANNX20-009: Annexation/Initial Zoning. Annexation & Initial Zoning of RP for Lot 2 Block 2 of the Second Amended Plat of Kinsmen Country Estates Division No. 1. Generally located North S 49th E, East S Holmes Ave, South E Sunnyside Rd, West S 15th E. On July 7, 2020 the Planning & Zoning Commission recommended to the Mayor and City Council approval of RP for lot 2 block 2 of the Second Amended Plat of Kinsmen Country Estates Division No 1. 6. ANNX20-007: Annexation/Initial Zoning. Annexation & Initial Zoning of HC & LC, Approximately 44 acres Section 9, Township 2 North, Range 38 East. Generally located North of Lincoln Rd, East of N 25th E, South of N Yellowstone Hwy, West of N Woodruff Ave. On July 7, 2020 the Planning & Zoning Commission recommended to the Mayor and City Council approval of the Annexation & Initial Zoning of HC & LC, Approximately 44 acres Section 9, Township 2 North, Range 38 East. 7. Rzon20-006: Rezone. Rezone from LM to LC, Lot 3 Block 2 Sayer Business Park Division 1. Generally located North of E 1st St, East of Hollipark Dr, South of Lincoln Rd, West of N Woodruff Ave. On July 7, 2020 the Planning & Zoning Commission recommended approval of the Rezone from LM to LC, Lot 3 Block 2, Sayer Business Park. RECOMMENDED COUNCIL ACTION: To receive recommendation(s) from the Planning and Zoning Commission pursuant to the Local Land Use Planning Act (LLUPA). Honorable Mayor and Council Brad Cramer, Community Development Services Director July 23, 2020 July 21, 2020, Planning Commission Action Planning Commission took the following action during the July 21, 2020 meeting. 1. ANNX20-008: ANNEXATION/INITIAL ZONING. Annexation and Initial Zoning of Residential Park (RP) & Single Dwelling Residential (R1) for Sand Creek Estates, Division No. 1. Generally located north of E 65th S, east of S 15th E, south of E 49th S, west of S 25th E. On July 21, 2020 the Planning Commission recommended approval of the annexation and initial zonings of R1 and RP to the Mayor and City Council. 2. ANNX20-010: ANNEXATION/INITIAL ZONING. Annexation & Initial Zoning of Industrial and Manufacturing (I&M) for Lot 9, Block 1, WRIGHT INDUSTRIAL PARK, DIVISION NO. 1. Generally located north of Hemmert Ave, east of N Holmes Ave, south of E Iona Rd, west of N 15th E. On July 21, 2020 the Planning and Zoning Commission recommended to the Mayor and City Council approval of the annexation and initial zoning of I&M. 3. PLAT20-021: PRELIMINARY PLAT. Sand Creek Estates, Division No. 1. Generally located north of E 65th S, east of S 15th E, south of E 49th S, west of S 25th E. On July 21, 2020 the Planning Commission approved the Sand Creek Preliminary Plat as presented. 4. RZON20-005: REZONE. Rezone from Residential Estate (RE) to Limited Commercial (LC) for 1.48 Acres in the E1/2 NE1/4 SE1/4, Section 25, Township 2 North, Range 37 and known as 2636 Rollandet Ave. Generally located north of W Sunnyside Rd, east of S Yellowstone Ave, south of W 25th St, west of Rollandet Ave. On July 21, 2020 the Planning Commission recommended to the Mayor and City Council approval of the rezone from RE to LC. 5. RZON20-009: REZONE. Amendment of the Comprehensive Zoning Ordinance, Section 11-4-5.E.1, Parking Location in Residential Zones, and Section 11-7-1: Definitions, Dwelling Single Unit Attached. On July 21, 2020 the Planning Commission recommended to the Mayor and City Council approval of 11-4-5.E.1 Parking Location in Residential Zones as presented and approval as presented of 11-7-1 Dwelling Single unit attached with the modification that the code states two (2) to four (4) dwellings, instead of two (2) or more dwellings. 6. PLAT20-022: FINAL PLAT. L & S Subdivision Division No. 1. Generally located north of John Adams Pkwy, west of Hitt Rd, south of Lincoln Rd, east of Woodruff Ave. On July 21, 2020 the Planning Commission recommended to the Mayor and City Council approval of the Final Plat as presented. With the stipulation that no connection be made to Duchess Drive. 7. PLAT20-024: FINAL PLAT. Idaho Steel Products. Generally located north of E Anderson St, east of N Boulevard, south of US Hwy 20, west of N Homes Ave. On July 21, 2020 the Planning Commission recommended to the Mayor and City Council approval of the Final Plat as presented. RECOMMENDED COUNCIL ACTION: To receive recommendation(s) from the Planning and Zoning Commission pursuant to the Local Land Use Planning Act (LLUPA). Date: May 7, 2020 Subject: Meeting Minutes, CUSP Personal and Public Safety Committee Location: Creekside Counseling, Idaho Falls/Zoom online Meeting was called to order at 7:00 p.m. by Dr. Janet Allen, Committee Chairwoman. In attendance:  Dr. Janet Allen, Chairwoman  Paul Allen  Brad Landes  Rolanda Bjornson  Anthony Tirino (co-chair)  John Ferguson  Amy Gamett (co-chair)  John Ferguson  Not in attendance: Amy Gamett (co-chair); Carol Mascarenes A quorum was in attendance. No representatives from the public called in to the Zoom meeting. Chairwoman welcomed everyone. Approval of minutes from previous meeting: Brad made note that the minutes had an error in that Captain Hulse had indicated that the “Nortenos” identified with the color red, and the “Sorentos” identified with the color blue, but the minutes inadvertently stated “blue” for both. With that correction, the minutes from the last meeting were approved. Chairwoman then asked Anthony to report on the CUSP Chair meeting he attended on behalf of our committee. Anthony indicated that after listening to all the presentations, that all groups seemed to be about where we were. Juan would like to see the following: 1) By end of summer, “ideas” should be more concrete with some focus; 2) By fall there will be a call for an “interim report”; 3) Anticipate that final reports will be presented to the City Council in the February/March 2021 timeframe. Anthony also indicated that Juan has suggested we all look through a COVID-19 lens as we consider the impact the current pandemic has had on our city. There will be another chair-person meeting in mid- June, and the hope is that CUSP committees are able to meet in person again by June, though sooner is possible if proper measures are taken. Chairwoman then asked each member to provide an update on their own thoughts and ideas regarding our mission.  Rolanda will follow-up with Domestic Violence Intervention Center for better/more complete information from them than she has received thus far;  Brad thinks that we should emphasize things the City can do with existing resources, or for little cost, like updated the webpage to pull together all the various resources, and some bike safety activities.  Paul observed that because several large groups in Idaho Falls (INL/DOE, Melaleuca, the Hospitals/Medical community, the LDS church and other churches) took an early leadership role, it helped keep COVID-19 minimal (to date) in Idaho Falls, and that that is a strong argument for the Community Advisory Boards/Coordinating Bodies that John has previously discussed.  John observed that the community has generally been very cooperative through the COVID-19 crisis. Chairwoman then asked for any thoughts or reactions from Captain Hulse’s presentation at the last meeting.  Janet mentioned being struck by his remarks concerning the need for more accessible mental health services;  Brad discussed the “Free 2 Succeed” program that helps reduce recidivism back to prison, the program that Stephanie Silva-Taylor runs locally;  John was pleased to hear that interdepartmental communication seemed effective, which creates a solid framework for public safety. Chairwoman then led a discussion that began with thinking back to the topics we first all voted on, and the ones that rose to the top: Access to mental health; Suicide Prevention; and Education. Strong indication that one of our principal foci should be Mental Health, and Janet acknowledged that she assumes that’s why the Mayor asked her to chair this committee. Anthony strongly endorsed the notion that mental health is central to safety, and suggested that part of our focus needs to be helping people before they get into trouble/danger rather than only after they are already in trouble. Rolanda inquired about what resources are available now to people that lack insurance, and Janet discussed briefly Medicaid and the Crisis Intervention Center, but that there isn’t a lot. Anthony cited past experience in NY where there are often are no resources available to people until after they have “crossed a line.” Rolanda acknowledged that when it comes to domestic violence there are resources available to women and children after an assault, by not generally before. Janet discussed that Board that Chief Johnson had asked her to participate on that could be a resource for collecting private funds for the purpose of supporting community-based mental health services, but that since COVID-19, nothing has been done with that Board as far as she is aware. John discussed then a community foundation that was used in his previous community that collected funds from two counties that helped a variety of community endeavors, including such things as mental health services and the arts. Rolanda discussed the benefit of classes in the community that could help destigmatize mental health issues and could help provide a “volunteer advocates” for mental health needs. These classes might be especially well suited as CE classes for medical, legal, law enforcement and mental health professionals. John discussed the community foundation with which he was familiar that was similar, and which was specific to the prevention of suicide, and how they obtained grants that were coordinated through Human Services Coordinating Body that was then able to offer suicide prevention/recognition/ intervention/empathy classes that helped destigmatize mental health, and “stigmatize” suicide. Brad mentioned that there are current resources, and showed the group some printed materials from some of them. Chairwoman summarized that we ought to start down the path of building networks, organizational structures, and communications to the community advocating for groups and individuals to help. She discussed the notion of leaning on retired mental health professionals in our community who could go out and offer some of that advocacy, training, and even mental health services. Anthony noted that cost is always going to be an issue for City government, but that relying on volunteers requires little in the way of cost, and noted that when volunteer structures are mentioned, that the Mayor clearly takes note. Rolanda mentioned that in order to cover the costs, the community could consider a model for donations that is similar to “Breaking Boundaries”, which supports a foundation for education and assistance related to HIV. Paul suggested at that point that we begin the process of outlining the ideas that were coalescing around mental health that could bring some structure to our thinking at the next meeting, and that he and Janet would take that. The Chairwoman discussed “think-tanking” some of our specialty areas and how those could contribute to the end goal of preventative mental health serves, and bringing that to the group next time. Suggested breaking up into small “Subcommittees” for the moment: Janet & Paul; Brad & John; Anthony and Carol; and Rolanda & Amy. John and Rolanda expressed some concerns about doing that, both in terms of public meeting policy and the value of the diversity of the group. The Chairwoman acknowledged that those are legitimate concerns, but that Juan had assured her that as long as “policy wasn’t decided” and that the discussions were broad and open ended, that the public meeting policy wouldn’t be violated. And she further indicated that these breakout teams might only be for between now and the next meeting, and that she wasn’t necessarily advocating for them to be permanent. John observed that, as we go forward, we ought to be mindful of the mental health component of so many things that aren’t necessarily related to public safety, such as green space in a city, trees, bike paths, etc. Anthony noted that just because the current charter for the CUSP committees was for a short-term duration, that there was nothing preventing this committee from continuing to find an ongoing mission and to contribute to the City Council for years. Chairwoman then asked each “subcommittee to try to have a discussion between now and next meeting, and bring something to the group next time. All agreed, but there is some concern as people continue to wrap their minds around what we’re trying to do. Chairwoman opened up the discussion at that point to ask about future guest speakers, such as Chief Johnson from IFPD, Chief Nelson from IFFD, Ginny Griffin from SPAN and Dan Weinrick from the INL. Brad suggested we might like to hear from Stephanie Silva-Taylor concerning the work she does. All agreed those would be helpful, as well as a possible representative from the School system. Next meeting was tentatively scheduled for Thursday, May 28th at 7:00 at Creekside Counseling, 550 W. Sunnyside Ste. 1, Idaho Falls, with participants to join via ZOOM. ZOOM link will be provided with the next agenda. Meeting was adjourned at 8:35 pm. Idaho Falls Downtown Development Corp. June 2, 2020 board meeting was held in The DEC (480 Park Ave) at 8:30am Attendance: Jake Durtschi, Emily Fitzpatrick, Kevin Josephson, Brandi Newton, Greg Crockett, Jill Hansen, Steve Fishbauch, Kevin Cutler, Lisa Farris, Brent McLane and Cindy Napier Staff: Catherine Smith, Mala Lyon; visitors: Chase Martin Minutes for May 5, 2020 were reviewed – Greg motioned they be approved; Brandi seconded, and board approved. Financials: Brandi – waiting on the $20,000 from the city to cover our watering of pots, trees and flower baskets. Expenses are being well controlled. The PPP loan looks like we will have 120 days to use it and loan forgiveness is still being decided. Catherine has the application. Brandi motioned the financial report be approved; Kevin Cutler seconded and board approved. Directors report – Catherine reported that we have 92 hanging flower baskets that have been placed and we need two more basket sponsors. This is down from the 135 that we have done in years past. There will be no basket along Yellowstone. We had to remove baskets from areas we thought would be difficult to water. We have hired Cole Smith to water the flower baskets – he uses a 25 water tank that is inside a garden wagon. We have contracted with Dave Lawrence to water the trees and the 110 pots. All the flowers should be in the pots by the end of the week. The next BID payment should come July 1st. Grant application have been done to the INL Community Grant, Fed-X Chamber USA and Main Street America. IEDC is doing a webinar on the PP loan forgiveness process. We want to be first in line. Lisa – 2020 grant money will be coming soon and we have $250,000 from the CARES Act that businesses can apply for to help with the Covid-19 issues. It is CDBG funds. Possible use is doing improvements for curbside service for downtown restaurants or protection sneeze guards. Jake asked that Catherine send this info out. City report – Brent – there has been no slow down in building construction permits. Brandi asked about the new Police station progress? They have selected an architect firm from Florida that specializes in police buildings. Still looking at final costs. The Bonneville will be doing 4 planters and will plant them and maintain them. They have been nominated for an Orchid Award. INL is still planning to move into the old Idahoan building as far as we know. They have a contract with the county to use the parking lot across the street. The old Ferrell’s building had the outside striped and had applied for a CDBG grant to do the windows, but it has expired. Nothing else has been done to the inside. Todd owner of the SnakeBite is working on the façade and we have heard that he is talking to a hair salon to move in. We also heard that a juice bar was looking at it. Diablas Kitchen is moving to the West Bank building across the river. Pie Hole Café is hoping to open June 27th on Park Ave where the Royal Shoe shop was. The Hotel Idaho building and the Shane building have applied for grants. Select Health Insurance is moving into The Broadway building Meeting was adjourned at 9:10am Our next board meeting will be held July 7, 2020 at 8:30am Respectfully submitted by Jill Hansen, Secretary and Mala Lyon Idaho Falls Sister City Youth Approved Meeting-Minutes This meeting was conducted using the platform Zoom ​June 15, 2020 Attendees Nicholas Cebull Melinda Cebull Charlotte Combs Laura Combs David Eaton Katie Eaton Kylie Eaton Abby Gallegos Aiden Gallegos Lori Kidwell McKenzie McIsaac Ed McIsaac Mike Medema Max Medema Heather Medema Charlie Medema Whitney St. Michel Carter Thompson Approval of minutes ​Whitney St. Michel motioned to approve the June 3, 2020 meeting minutes. It was seconded by Max Medema. Passed. Friendship Garden ​Judy Seydel will contact David on date for the group to help with cleaning of the Friendship Garden. The date will be announced at the next meeting. Fundraiser Garage Sale ​Judy Seydel has donated nineteen bags and boxes of items to our garage sale. The date of the garage sale will be determined at a later time. Fundraisers ​Cherry Blossom Raffle ​ The site is set up for everyone to purchase raffle tickets for the auction. The link to the raffle is on the Idaho Falls Sister City Youth website. ​ Heather Medema and her family volunteered to send out thank you notes to the people/companies who donated items. Video of Favorite Idaho Falls Places Abby Gallegos put together a video of favorite places in Idaho Falls. The video was shown to the group. The video was sent to students in Tokai-Mura. Reminder The next meeting is on July 1, 2020 at 7:00. Please put the July 1st meeting on your calendar. A reminder email notice will be sent out before the meeting. ​ Student Activity Student Presentation Charlie Medema gave a presentation on Mythology and Folklore. To view click the link below: NEED LINK Volunteer Needed for Next Student Presentation A volunteer is needed for July 1st for a student presentation. Meeting Adjourned Charlie Medema motioned to adjourn the meeting. It was seconded by Whitney St. Michel. Date: June 18, 2020 Subject: Meeting Minutes, CUSP Personal and Public Safety Committee Location: Creekside Counseling, Idaho Falls Meeting was called to order at 7:05 p.m. by Dr. Janet Allen, Committee Chairwoman. In attendance:  Dr. Janet Allen, Chairwoman  Paul Allen  Brad Landes  Anthony Tirino (co-chair)  Dan Weinrich, Community Advisor  Idaho Falls Police Chief, Bryce Johnson  Idaho Falls Fire Chief, Duane Nelson  Not in attendance: Amy Gamett (co-chair); Carol Mascarenes; Rolanda Bjornson; John Ferguson A quorum was not in attendance. One representatives from the public was present at the meeting representing a grass-roots organization interested in Police Reform. Chairwoman welcomed everyone. Approval of minutes from previous meeting: In the absence of a quorum, the minutes from the previous meeting could not be approved. Chairwoman turned the meeting over to Chief Nelson. Chief Nelson: Biggest challenge for Fire Department (FD) is mental health. Stated that firefighters are 3x more likely to die by suicide than by fire. FD struggles to get firefighters to take advantage of their Employee Assistance Program (EAP) because the number of sessions allowed doesn’t permit a relationship to form between the counselor and the firefighter. Subsequently, FD experiences a high number of medical retirements for mental health reasons. Chief Nelson mentioned the attended the funerals of 3 firefighters last year who died by suicide. He indicated that the FD is working toward getting good help. He believes better education is needed in the FD to destigmatize mental health. He is working hard to open the door again to Critical Incidence Stress Debriefs, but noted that it’s a special challenge because firefighters don’t want to “appear weak” to their colleagues on the FD. To that end, the FD has established a TRUST Team, and notes that the department continues to “feel better” about the program, but it’s still in its infancy. He also noted that they are working toward education programs for the firefighters and let them know it’s okay to talk about their stress and related mental health issues, as well as what signs and symptoms to watch for in themselves and their colleagues. They are working to bring educators to train all shifts. The FD does believe that they have the support of the City Council and the Mayor in this regard. Chief Nelson noted that the FD has physical fitness equipment for physical wellness, but need to view both mental wellness and nutrition as important for overall fitness/wellness, not just physical conditioning. Noted that he expects that there are substance abuse issues in the FD, though he is not aware of those issues manifesting at work (i.e. employees showing up to work impaired). Nevertheless, knowing the issue is likely occurring, he emphasized the need for addiction/substance abuse support for the FD. In addition to the mental health of the FD, he noted that they experience a high volume of mental health-related calls, such as suicide calls. Subsequently, additional training for firefighters and EMS to recognize and facilitate the support of mental health issues would be beneficial. Regarding Safety, Chief Nelson noted that they have a lot of injuries while on duty, which costs the City a lot of money. He believes that physical and body awareness training that would be beneficial to support the reduction in the rate of injuries would be beneficial to help keep the FD healthier and on the job. As the FD considers the growth of the City, some of the things they see and would recommend addressing are: 1) As Idaho Falls continue to develop “water space” along the greenbelt, but especially the bike paths along the canal banks, need to be prepared to respond to water accident calls. Chief Nelson specifically indicated the need for number markers along the canal banks that are similar to mile post markers, so that in the event of a 9-1-1 call, the caller can report the number they see on the nearest marker, which in turn facilitates the response time. Regular training on water rescue also would be beneficial. 2) Training to support back-country rescue would allow the FD to support Search and Rescue. 3) City maps can’t keep up with the addition of new addresses, which impedes emergency response to those addresses. A system for readily adding newly developed addresses to city maps and GPS/software would be very beneficial. [NOTE: CUSP could check to see if part of the process for obtaining a building permit is adding the address to the city maps, and if there is a way to update the system such that by the time construction is complete, the system has been updated] FD acknowledges that it is not meeting national standards for response time, but notes that there are too many physical barriers that restrict access, such as rivers, canals and railroad crossings, that can only be overcome by establishing more fire stations, but which is considered excessive. Still, the FD is trying to reduce its average response time to under 6 minutes for ambulance and 7 minutes for fire trucks. Chief Nelson cited the following statistics: 1) EMS calls increase roughly 5% per year; 2) Roughly 10,000 EMS calls per year; 3) Fire calls averaged between 2,000-2,400 per year for the past 10 years; 4) The FD averages about 14,000 calls per year The 48 hours on, 96 hours off schedule works well for firefighters, however little is understood about the risks to the employee and public during the second 24 hours of their shift due to excessive physical demands and lack of sleep. Chief Nelson recommended to the City they conduct a study on the injuries and mistakes that occur during that period to determine if there is a pattern of schedule-induced incidents, which may lead to improvements. By observing injury/incident patters across the whole FD, important insight may be gained that would yield modifications to shifts, specific training, etc. Chairwoman asked about programs targeting kids who get in trouble with fire. Chief Nelson indicated that the FD previously had a well-supported program called the “Juvenile Fire Starter Program” that was intended to help Firefighters mentor and coach kids who start fires on the dangers to self, others and property. The program has been allowed to lapse, and the originally trained firefighters have since retired. Though they have some firefighters who are trying to prop up the program, they need training. He also noted, however, that problem with the program is that it “doesn’t take the next step” and that partnering with psychological services professionals who can also work “fire starters” would help bridge that gap, and Chief Nelson believes the program would be very beneficial in contributing to the safety of the community. Community member asked about insurance that firefighters have. Chief Nelson noted that it’s good health insurance with a co-pay program. However, he noted that it doesn’t cover enough mental health visits, and compared it to Madison County which receives 25 mental health visits per year covered by their insurance. CUSP member asked about data, and the Chief responded that they do maintain good data that can be made available. In particular there was a discussion about “repeat offenders” and he noted that they most definitely see such people. Again, he noted that if there was an opportunity to study the patterns and behaviors of repeat offenders, they could do a better job of getting these people the mental health assistance they need rather than repeat FD or PD calls. Chairwoman asked what one thing would be most impactful to the safety of this community? Chief responded that the hardest part here is helping the public understand that Idaho Falls DOES have very real public safety issues. We do have drugs and gangs, we do have domestic violence, we do have violent crime, and that the problems of the “big cities” are no different than ours, and ours are proportional to our population, same as the cities. He believes it is important to be able to talk openly and honestly about issues rather than sweeping them under the rug. He cited COVID-19 mask-wearing as a good example. CUSP member asked if the FD has a citizens academy. Chief Nelson indicated that we haven’t had one for a long time. Concluded that the biggest message to the community was to learn to listen to their public safety officials and take their message to heart. Chief Johnson: Began by indicating that the biggest killer of police officers is suicide, followed by violent attacks, vehicle accidents, and heart disease. The average lifespan of a police officer is 57 years. Mental health concerns is a big issue for the Police Department (PD). At the moment, staffing issues are very real for the PD, and he expects to lose funding for some officers due to the cost of COVID on the community budgets. At the moment, he has 81 officers that can suit up, but based on the population they serve, models would suggest he needs 102/3. PD responded to roughly 49,000 calls this year, a 4% increase over last year. Crime rate is down 7%, whereas calls are up 4%. This is due to an increase in requests to “check” on community concerns rather than crimes. In 2019, mental health-related calls were up 19% over the year previous. Clearance Rates (crimes committed/crimes solved): People Crimes – up 14%, in the 1,000s. Property Crimes – up 1% Society Crimes (such as hate crimes) – up 15% Chief Johnson credits the improved clearance rates to better resources/tools. Noted that Mobile Crisis Outreach teams and a Crisis Detective are helpful in mitigating mental health issues that are not really crimes per se, but that the PD needs a better place to take people in mental health crisis rather than the ER. Noted that the government is starved for resources, and so “defunding” one segment of the government will really just amount to robbing Peter to pay Paul. Community member asked whether it was even appropriate for the PD to use “military equipment”. Chief Johnson replied that he preferred the discussion be less about what equipment they have, and more about the appropriate use of that equipment, acknowledging that driving a tank to a Black Lives Matter protest on Broadway Bridge is hardly the right thing to do. On the other hand, their military vehicles has been shot nine times in the last year or so, and that probably saved police lives. Chief Johnson reiterated what Chief Nelson said about Idaho Falls citizens not believing we have a crime problem. Community is apathetic about public safety, noting that when they held a public meeting to discuss their 5-Year Strategic Plan, almost no one showed up. It’s very difficult for the PD to engage with the community if they community is indifferent about engaging with them (except during a time of crisis, such as the Black Lives Matter protests). Noted that Idaho Falls is above the national average for substance abuse in the community. However, he doesn’t believe that getting in trouble for addiction related offenses should “haunt” a person forever, and that we should have a path for people to clear their record if they get their life put back together. To that end, he advocates for a Police Assisted Addiction Recovery (PAAR) Program. In this model, if someone comes to the PAAR and asks for help, they wouldn’t be arrested, and would be directed to the resources and help they need. Such a program is in the PD’s strategic plan, and the Chief is trying to get a foundation in place that can collect charitable contributions and grant money to support the program, as well as a canine program and officer mental wellness. Chief Johnson provided the following 1 year statistics related to “use of force”: 1) 49,383 “incidents” within the community (i.e. matters resulting in a call to the PD); 2) 2,538 resulted in arrest; 3) 122 incidents resulted in “use of force”, which includes canine deployments; 4) 4.8% of in custody arrests include force of some kind; 5) 3% is the target Have recently begun tracking racial statistics (to the best of their ability…determination of race is visual identification by the officer only as they are not permitted to ask). Because the only minority community of statistical significance in our area is the Hispanic community, this is the only racial statistic he has confidence in. Notes that 10% of “use of force” incidents involve Hispanics, whereas Hispanics represent 13.8% of the community. Subsequently, he believes that his officers are not targeting minorities. Community member asked if PD allows officers that were disciplined and removed from other departments to be acquired by the IFPD. Chief Johnson indicated that lateral hiring was common among Police Departments, but that IFPD actively screens for officers with disciplinary records and doesn’t hire them. He noted that the PD does not want to discriminate on calls. The following statistics are a new one that he has only begun tracking 8 months ago, but he believes is important to understand: Police-initiated contact (ie traffic stops or similar times when an offier initiates a stop to a citizen: 1) 7,600 stops 2) 23 were Native American or <1% 3) 1,060 were Hispanic, or 13.5% compared to 13.8% of the community 4) 6,450 were white, or 81.3% compared to 81.4% of the community 5) 122 were black, or 1.6% [NOTE: I looked up the demographics, and blacks constitute 0.77% of the population. Chief Johnson is disinclined to weight very heavily the statistics related to black stops because he doesn’t consdier the sample size to be statistically significant, however, the stop rate appears to be twice the representation of African Americans in Idaho Falls. I agree it’s hard to draw conclusions, but we shouldn’t shy from the data.] In general, Chief Johnson believes that the police initiated contact is roughly equal to the demographics of our city. He is concerned that some cities are seeing a retreat in the number of law enforcement with a commensurate increase in the rate of crime. Chairwoman asked him what the one thing was that he would ask from a public safety standpoint. Chief Johnson indicated that he would ask the community to engage with them. Next meeting was tentatively scheduled for Thursday, July _____ at 7:00 at Creekside Counseling, 550 W. Sunnyside Ste. 1, Idaho Falls. The meeting will either be in-person or via ZOOM, depending on the conditions in the community. Meeting was adjourned at 9:30 pm. Idaho Falls Sister City Youth Approved Meeting-Minutes This meeting was conducted using the platform Zoom ​July 1, 2020 Attendees Stephanie Nathan Peck Maggie Boring Gabe Padron VanAusdlen Charlotte Combs Sam Hawker Carter Thompson Nicholas Cebull Jackson Corbridge Jorge Padron Laura Combs Kendra Peck Lori Kidwell David Eaton Tim Thompson Max Medema Jackie Sugai Mike Medema Heather Medema Approval of minutes ​Lori Kidwell motioned to approve the June 15, 2020 meeting minutes. It was seconded by Jorge Padron. Passed. Treasurer’s Report ​The treasure stated the status of each account. Friendship Garden ​We don't have any date planned yet, although it is expected that sometime in the middle of July, there will probably be more information regarding a project, at the next meeting on July 13. Fundraiser Garage Sale ​The garage sale does not have a set date yet, although if possible, we would prefer to finish it at the end of summer, although the reason that there is no set date, is because of the coronavirus. Until that is solved, we will not have an exact date. Fundraisers ​Cherry Blossom Raffle ​The Raffle will be closing next Wednesday. Sell as many tickets as you can. Get the word out.. Reminder The next meeting is on July 13, 2020 at 7:00. Please put the July 13th meeting on your calendar. A reminder email notice will be sent out before the meeting. August meetings: 5th and the 17th, September meetings: 2nd and the 14th, October meetings: 7th and the 19th, November Meetings: 4th and 16th, and December meetings: 2nd and 14th. ​ Student Activity Student Presentation ​Tonight's lesson was taught by Nathan Peck, regarding Commonly used Japanese phrases. After showing a slideshow(which can be found at the bottom of the page), called everyone to find Japanese items located around their home, or Japanese words, which they translated to find what it was in a certain amount of time. The words were all on the slideshow below. https://docs.google.com/presentation/d/1RmpsVpKMuscqFNC7zEFG6_eD6UIkVELGtBhf0qNb6 dY/edit?usp=sharing July 13, 2020 Student Presentation Max Medema volunteered to present the student activity. Meeting Adjourned Jorge Padron motioned to adjourn the meeting. It was seconded by Max Medema.. Randy Fife Monday, July 27, 2020 City Bus Stop Bench Program Discussion Council Action Desired ☐ Ordinance ☐ Resolution ☐ Public Hearing ☒ Other Action (Approval, Authorization, Ratification, etc) Discuss City bus bench program and give direction to staff regarding future action (or take other action deemed appropriate). Description, Background Information & Purpose By City Ordinance (IFCC8-8-11 through 8-8-35), the City currently licenses locations within City right- of-way for the placement of bus stop benches. Staff seeks Council direction because current locations of bus stop benches do not comply with the Code; currently suspended bus routes are being re- evaluated as part of a reorganization of Targhee Regional Public Transportation Authority (TRPTA); and there are concerns regarding regulation of advertising on City right-of-way. Options include enforcement, reorganization, or rescission of the bus stop bench program; or moving to contractual relationships with TRPTA or others. Relevant PBB Results & Department Strategic Plan ☐ ☒ ☐ ☐ ☐ ☐ ☐ ☒ Review of the City bus stop bench program is good governance and public transportation systems are important to City values and goals. Interdepartmental Coordination Interdepartmental coordination includes Community Development, Municipal Services, Public Works, and Legal. Fiscal Impact Loss of approximately six hundred dollars ($600) yearly in bus stop bench licensing fees . Legal Review Reviewed by the Legal Department. 2 Randall Fife Monday, July 27, 2020 City door-to-door solicitation licensing amendments Council Action Desired ☒ Ordinance ☐ Resolution ☐ Public Hearing ☐ Other Action (Approval, Authorization, Ratification, etc) Approve the Ordinance amending the door-to-door licensing amendments to the City Code under a suspension of the rules requiring three complete and separate readings and direct that it be read by title and published by summary (or consider the Ordinance on the first reading and that it be read by title, or reject the Ordinance). Description, Background Information & Purpose The City regulates door-to-door solicitation in certain non-commercial zones, with certain exceptions. At the direction of the Council and in response to case law interpretation of similar regulations, the City Attorney’s staff and the Police Department recommend changes to the current Code to clarify the conditions of license approval, as provided in the accompanying draft Ordinance. Relevant PBB Results & Department Strategic Plan ☐ ☒ ☐ ☐ ☐ ☒ ☐ ☐ Clarifying the conditions of license approval promotes good governance and provides better tools for enforcement of public safety regulation. Interdepartmental Coordination Interdepartmental coordination will be Police and Legal Departments. Fiscal Impact The action will have no known fiscal impact to City finance. Legal Review Draft Ordinance reviewed by Legal Department. 2 ORDINANCE NO. AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, AMENDING CITY CODE SECTIONS 4-8-4 AND 4-8-6 TO PROHIBIT THOSE CONVICTED OF HEINOUS FELONIES FROM OBTAINING DOOR-TO-DOOR SOLICITATION PERMITS AND SETTING NARROWLY TAILORED LIMITS ON THOSE CONVICTED OF CRIMES INVOLVING AN ELEMENT OF VIOLENCE, DISHONESTY, OR MORAL TURPITUDE FROM OBTAINING DOOR-TO-DOOR SOLICITATION PERMITS; PROVIDING SEVERABILITY, CODIFICATION, PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE. WHEREAS, the City of Idaho Falls City Council desires to protect the health, safety, and welfare of the public from negative impacts associated with soliciting and door-to-door solicitation; and WHEREAS, the regulation of door-to-door solicitation prevents crime and protects the privacy of the City’s residents; and WHEREAS, the Council desires to balance the protection of its residents with individual’s First Amendment rights to engage in free speech and individual’s right to pursue an honest living; and WHEREAS, the Council finds that the City has a legitimate and compelling interest in protecting the safety of its residents in the most important place, the resident’s home; and WHEREAS, the Council finds that prohibiting those who have been convicted of the most heinous felonies from obtaining a door-to-door solicitation permit is narrowly tailored to promote the safety of the City’s residents; and WHEREAS, the Council finds that prohibiting those who have been convicted of serious felonies that involved an element of dishonesty from obtaining a door-to-door solicitation permit for ten (10) years from their conviction is narrowly tailored to promote the safety of the City’s residents; and WHEREAS, the Council finds that prohibiting those who have been convicted of certain misdemeanors that involve an element of violence, or dishonesty from obtaining a door-to-door solicitation permit for five (5) years from their conviction is narrowly tailored to promote the safety of the City’s residents, and WHEREAS, the Council finds that the regulations provided by this ordinance are necessary to promote the City’s legitimate and compelling interests. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF IDAHO FALLS, IDAHO, THAT: ORDINANCE – DOOR-TO-DOOR SOLICITATION PERMIT UPDATE PAGE 1 OF 4 SECTION 1. Title 4, Chapter 8, of the City Code of the City of Idaho Falls, Idaho, is hereby amended as follows: 4-8-4: APPLICATION FOR DOOR-TO-DOOR SOLICITATION PERMIT: Each individual desiring a permit to engage in door-to-door solicitations shall file his or her application with the City Clerk. The application shall be in such form as may be determined by the City Clerk and shall be accompanied by a copy of the applicant's current driver's license, military identification card or other reliable form of photo identification. Upon completion of such application, delivery of the applicant's fingerprints in accordance with Section 4-8-5 hereof and payment of a permit fee in an amount set from time to time by Resolution of the Council, each eligible applicant shall be issued a permit and an identification badge containing a photograph of the applicant. Such permit shall be issued or denied within fifteen (15 ) business days after the date the fully completed application form and permit fee are submitted to the City Clerk. ... 4-8-6: ELIGIBILITY FOR PERMIT: No applicant shall be issued a permit if: (A) The applicant has been convicted or granted a withheld judgment for any of the following felonies: murder, manslaughter, kidnapping, rape, or sexual assault. (B) The applicant is subject to registration as a sex offender under the provisions of Title 18, Chapter 83, Idaho Code. (C) The applicant has been convicted or granted a withheld judgment for any of the following felonies within the past ten (10) years: robbery, grand theft, burglary, fraud, breaking and entering, conspiracy to defraud, or obtaining money or property under false pretenses; aggravated assault, aggravated battery, felony domestic battery, felony stalking, or a felony that includes an element of violence, (D) The applicant has been convicted or granted a withheld judgment for any of the the following crimes within five (5) years: possession of burglarious instruments, trespass by car, criminal trespass, petit theft, unlawful entry, misdemeanor assault, misdemeanor battery, misdemeanor domestic violence, stalking, telephone harassment, any misdemeanor crime involving an element of violence, or any crime that includes an element of a controlled substance (E) The applicant has a current active arrest warrant for a crime which, if convicted, would subject them to the limitations in this section. Nothing in this section shall be interpreted to disqualify any applicant who a. Has had a disqualifying criminal charge dismissed; or b. Has been found not guilty of a disqualifying crime. (F) The applicant has been committed pursuant to Title 66, Chapter 3, Idaho Code, or ORDINANCE – DOOR-TO-DOOR SOLICITATION PERMIT UPDATE PAGE 2 OF 4 similar provision in another jurisdiction, as a voluntary or involuntary patient for mental health within the past year from the date of application. (G) The applicant falsifies, omits, or otherwise intentionally misrepresents any information on the application. An applicant who has falsifies, omits, or otherwise intentionally misrepresents any information on the application shall be ineligible to reapply for licensing for a period of forty-two (42) days. . ... 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 _________, 2020. CITY OF IDAHO FALLS, IDAHO ____________________________________ REBECCA L. NOAH CASPER, MAYOR ATTEST: _____________________________________ KATHY HAMPTON, CITY CLERK (SEAL) ORDINANCE – DOOR-TO-DOOR SOLICITATION PERMIT UPDATE PAGE 3 OF 4 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 4-8-4 AND 4-8-6 TO PROHIBIT THOSE CONVICTED OF HEINOUS FELONIES FROM OBTAINING DOOR-TO- DOOR SOLICITATION PERMITS AND SETTING NARROWLY TAILORED LIMITS ON THOSE CONVICTED OF CRIMES INVOLVING AN ELEMENT OF VIOLENCE, DISHONESTY, OR MORAL TURPITUDE FROM OBTAINING DOOR-TO-DOOR SOLICITATION PERMITS; PROVIDING SEVERABILITY, CODIFICATION, PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE.” _______________________________________ (SEAL) KATHY HAMPTON, CITY CLERK ORDINANCE – DOOR-TO-DOOR SOLICITATION PERMIT UPDATE PAGE 4 OF 4

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