City Council
Regular MeetingIdaho Falls, ID · October 25, 2021
Minutes
October 25, 2021 Work Session
The City Council of the City of Idaho Falls met in Council Work Session, Monday, October 25, 2021, 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
Council President Michelle Ziel-Dingman
Councilor Jim Freeman
Councilor Jim Francis
Councilor Lisa Burtenshaw
Councilor John Radford (arrived at 4:25 p.m.)
Absent:
Councilor Thomas Hally
Also present:
Rick Cloutier, Airport Director
Brad Cramer, Community Development Services Director
Stephen Boorman, Idaho Falls Power Assistant Director
Sam Ellsworth, Citizen
Michael Kirkham, Assistant City Attorney
Chris Canfield, Public Works Assistant Director
Kent Fugal, City Engineer
Randy Fife, City Attorney
Kathy Hampton, City Clerk
Mayor Casper called the meeting to order at 3:05 p.m. with the following items:
Acceptance and/or Receipt of Minutes:
It was moved by Councilor Francis, seconded by Councilor Freeman, that Council receive the recommendations
from the October 19, 2021 meeting of the Planning and Zoning Commission pursuant to the Local Land Use Planning
Act (LLUPA). Roll call as follows: Aye – Councilors Francis, Dingman, Burtenshaw, Freeman. Nay – none. Motion
carried.
Calendars, Announcements, Reports, and Updates:
October 28, Idaho Falls Power (IFP) Board Meeting, and City Council Meeting
October 28-30, Boo at the Zoo
October 29, Regional Economic Development for Eastern Idaho (REDI) What’s Up in Eastern Idaho Annual
Conference
October 30, Real Heroes’ Trunk or Treat
November 9, Distinguished Under 40 Luncheon sponsored by the Chamber of Commerce
November 15, Association of Idaho Cities (AIC) Fall Academy
December 3, AIC Legislative Preview
Mayor Casper stated an AIC Board Meeting recently occurred regarding requested items for potential legislation.
Items include annexation, broadband within cities, definition and requirement for retaining records, and
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October 25, 2021 Work Session
standardizing the information to be released pertaining to a criminal investigation of a victim. Mr. Fife noted this
request is not just limited to victims, it would also include other involved individuals. Mayor Casper noted the
legislators are working on refinements of House Bill (HB) 389, she will distribute additional information regarding
the Opioid Settlement, and she noted the Memorandum of Agreement for the Greater Idaho Falls Transit (GIFT)
has been signed by all parties. Mayor Casper announced Eastern Idaho Public Health (EIPH) will be holding an
update/briefing on November 4 regarding Coronavirus (COVID-19), and Rosanna Christopherson, dispatch
employee, received Telecommunicator of the Year award for 2021. Mayor Casper stated an employee at the AIC
has written a book titled ‘Friends at City’ that will educate school children about cities. She also stated a program,
Readers to Leaders, has been initiated per this book, and the book will be shared with all 3rd grade classes in each
city with a workbook distributed to all 3rd grade students.
Liaison Reports and Councilmember Concerns:
Council President Dingman expressed her appreciation to those individuals who are supporting the upcoming
Monster’s Ball for the Community Food Basket. She noted the mortgage for the Community Food Basket’s
warehouse is close to being paid off. She also noted GIFT will be releasing a press release in the near future.
Councilor Burtenshaw stated the Idaho Falls Fire Department (IFFD) recently used an alternate method to surplus
a transport vehicle (truck), noting this specific truck was recently surplused for $120,000. She also stated the former
fire station on E. 8th Street was recently auctioned for $252,000.
Councilor Freeman stated leaf collection is occurring, noting the schedule is located on the city’s webpage. He also
stated the irrigation system at Pinecrest Golf Course is anticipated to be operational by fall 2021.
Councilor Francis stated the Idaho Falls Police Department (IFPD) has recently been reaccredited by the Idaho Chiefs
of Police Association, an awards ceremony will occur on November 1 to honor officers and citizens, and the
chaplaincy program will be graduating new chaplains on November 11. He also stated the zoo is extending the
season for October and November (pending snow), Boo at the Zoo tickets are available, and multiple irrigation
systems in the rights-of-way and parks are being prepped for winter.
Update: Air Service Development:
Director Cloutier stated the Idaho Falls Regional Airport (IDA) is currently served by five (5) airlines (American
Airlines, Delta Airlines, United Airlines, Alaska Air, and Allegiant Air) with 13 non-stop destinations. He noted a non-
stop flight to Boise will begin June 11, 2022. He reviewed destinations by map including year-round and seasonal
destinations. He displayed a picture of the typical morning airplanes at IDA. Director Cloutier reviewed Total
Monthly Passenger Traffic as a comparison for 2019 and 2021 and Yearly Passenger Traffic through the end of
September comparison for 2019 and 2021. He noted there are close to 92,000 departing seats scheduled for the
rest of the year, which is an average of 85% capacity. He anticipated there will be more than 400,000 passengers
for the year. Director Cloutier reviewed Car Rental Revenue from January through September comparison for 2019
($6,635,388) and 2021 ($8,825,146). He noted year end 2021 will surpass 2019. Director Cloutier provided a
construction update, stating construction began in June of 2020. He displayed photos of the restaurant area stating
the restaurant has invested approximately $200,000 of private funds for a kitchen update. He noted restaurant
items will be available 24 hours per day. Director Cloutier displayed additional photos of construction including the
Transportation Security Administration (TSA) checkpoint area, the jet bridges (IDA has spent approximately
$175,000 annually for the previous ten (10) years on jet bridge repairs), and gate holding areas (IDA is working
through the furniture issues). Director Cloutier believes IDA is the best choice for air travel in eastern Idaho. Per
Councilor Freeman, Director Cloutier stated the trigger for the Federal Aviation Administration (FAA) rating is
around 225,000 ‘passengers going’ enplanements. He believes IDA will have 250,000 enplanements in the coming
year which will change the Category Level of IDA. He noted TSA may have the most impact with the general
user/general aviation users. Per Councilor Francis, Director Cloutier gave a brief update of the Seattle flight, noting
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October 25, 2021 Work Session
IDA has more than $500,000 in overage credit at this time. He indicated IDA’s rolling 7-day average for Alaska Air is
83% and the rolling 30-day average is 70%, as compared to most of Alaska Air’s rolling 7-day average of 70% and
rolling 30-day average of 50%. He stated Alaska Air is looking to add additional frequency to Seattle in summer. Per
Mayor Casper, Director Cloutier stated there is a joint pledge from the Idaho Falls and Boise’s Chamber of
Commerce for the Boise route, and this is on a one-year trial beginning June 11. He believes the Boise route will
sustain itself. He noted fares are anticipated to be approximately $100 each way. Council President Dingman
believes the community is seeing a tremendous response to the Boise route, and the community will or will not
support the route. Mayor Casper noted an Airport Leadership Workshop is tentatively scheduled for December 21.
Discussion: Local Improvement Districts (LID):
Per Councilor Francis, Mr. Fife indicated there is no conflict at this point for a proposed LID in Councilor Francis’
neighborhood. Director Cramer stated the city has not used LIDs for quite some time although they are referenced
in various plans, and there has been a request to create a LID. He also stated LIDs are governed by Idaho Code Title
50, Chapter 17, and recent plans, including City Core, Northgate/1st Street, and Imagine IF recommend the city
consider LIDs as a tool to finance certain projects. He noted a LID is a multi-departmental process which includes
IFP, Public Works, Legal, Community Development Services, and Municipal Services. Mr. Fife explained
development in cities typically occur through the subdivision code and any standards that apply so that
development pays for itself. He also explained when cities mature and start to replace the infrastructure that
burden falls on the general tax public. The LID allows the city to focus on a smaller district within the city to provide
bond financing for those improvements through the individuals who receive the improvement. Mr. Fife indicated
it’s rare that the city would initiate a LID, however, he believes this is a good tool for small projects if a city is unlikely
to do those improvements pending timing of the project. He explained the process stating the group would
approach the city to establish a district and the district boundaries and identify the types of public improvements
which are typically street, curb, sidewalk, gutter. He noted there is no minimum size or maximum size for a LID. He
also explained that the city would do the bond financing and then the benefited group would pay a self-imposed
tax over increments of the bond period until the city gets their money back. He noted a property owner must pay
the LID in full if that owner sells the property. Mr. Fife further explained if the project appears to be viable and
there’s enough motivation, then a petition is passed around which requires 60% of support. He stated the benefit
of the property and calculation of the property would need to be determined for the property owners’ percentage
of costs. Following the petition, the city would complete designs and cost estimates per property, the council passes
a resolution of intent to create a LID with the appropriate public hearings, and the district is created. The city then
puts in the public improvements, the bonds are sold to fund the improvements, LID assessments are added to the
property owners taxes, the property owners pay the assessment (upfront or over time with interest), and there is
a lien on the property until the property is paid in full. Mr. Fife stated a LID is not limited to street, curb, sidewalk,
gutter improvements, it can be used for other public improvements. He noted the City of Ammon has allowed a LID
for fiber provisions. Discussion followed regarding increasing the value of the property, exclusion of properties, and
the petition process. Director Cramer stated an additional step in the process has been added per staff which
includes city staff and citizens meet to ensure Council is comfortable with the steps for a LID prior to staff investing
a lot of time. He explained the proposed LID by Mr. Ellsworth which includes adding streetlights to a neighborhood.
He indicated this neighborhood will be having streetlights replaced in the near future. Mr. Boorman noted this
subdivision has approximately 20 lights, and the proposed lights, similar to the downtown lights, would maintain
the historic look of the neighborhood. He indicated it would cost approximately $100,000 to replace the entire lights
and poles. Per Mayor Casper, Mr. Boorman stated the city is not dark skies compliant. He indicated these lights are
designed to shine down. He also stated the lighting in this neighborhood is aged and would be upgraded with
current lights from IFP noting there would not be additional cost for the normal upgrade. He believes the lights
would be appropriate time for this neighborhood. Director Cramer stated, per the proposal, a list of property
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October 25, 2021 Work Session
owners would be provided to Mr. Ellsworth. Mr. Ellsworth would then attempt to obtain 60% of signatures for a
petition. Per Councilor Freeman, Director Cramer believes the only previous LID was a sewer line north of town.
Discussion followed regarding the petition, including the method of calculation being included on the petition, the
public hearing, previous LIDs, all costs being included in the bond sale, and the effects of property valuations.
Councilor Freeman believes the opportunity should be given if residents are willing to tax themselves. Councilor
Radford believes this is a democratic process, he also believes there are a lot of opportunities to improve
neighborhoods. He stated he is in favor of the concept. Council President Dingman and Councilor Burtenshaw also
stated they support the process.
Follow-up Discussion: Neighborhood Meetings:
Director Cramer stated Mr. Kirkham has re-drafted the ordinance per discussion at the October 14 City Council
Meeting. Mr. Kirkham noted amendments in the proposed ordinance include the removal of the public hearing
requirement during a preliminary plat, and the language regarding a petition for a public hearing has been clarified.
He also noted the requirements for a neighborhood meeting and the requirements of items submitted to the city
by the developer regarding the neighborhood meeting has not changed. Councilor Burtenshaw questioned a public
hearing for a final plat. Director Cramer stated that right currently exists through State Code. Per Council President
Dingman, Director Cramer indicated public hearings for preliminary plats varies in other Idaho cities, there is no
consistency. He noted these are not required for Bonneville County, and the City of Ammon’s Planning and Zoning
Commission decides on their own whether to hold a hearing or not. Mr. Kirkham stated there is a lot of flexibility in
the State Zoning Code/LLUPA. Councilor Burtenshaw believes this could still be streamlined. Council President
Dingman stated, per applications received by developers, she is unsure if the entire Council prefers to have the
public hearings removed. Per Councilor Radford, Director Cramer stated staff notified several engineering firms and
developers and no comments were received. He also stated the concern was not the timing of the process, the idea
was to move the conversations where they can be the most meaningful. Council President Dingman stated she
could support the removal of the public hearings as she believes there seems to be inconsistencies at the decision-
making level of what and what cannot be allowed and considered. Per Mayor Casper, Mr. Kirkham stated a
neighborhood meeting would only be required when a use is changed, and it would be unlikely a neighborhood
meeting would be required for the construction of a single residence. Director Cramer stated the focus was on
quasi-judicial hearings. He also stated there is no guarantee a preliminary plat would flow easily through the
process. He briefly explained the hearing and appeal(s) process. Per Councilor Francis, Mr. Kirkham believes a
neighborhood meeting is the wise thing to do although it’s not required to submit an application. He also stated a
hearing must occur but not necessarily in a 6-week timeframe. Director Cramer explained the application process
and the potential hearing and/or appeal timeline. Mr. Kirkham further explained that part of the application would
include results of the neighborhood meeting. Councilor Freeman believes there would be less delay and dissent if
the neighborhood meeting occurred up front. Councilor Radford believes the developer wants predictability
although there’s risk with predictability. Mr. Kirkham reminded the Council that the scope of review at the
preliminary plat and final plat is limited per law, it’s to ensure city rules are being followed. Councilor Burtenshaw
questioned if a developer could not request a hearing himself. Mr. Kirkham indicated the right is to the public.
Director Cramer believes appeals may occur because a citizen receives a notice in the mail indicating a preliminary
plat hearing will be occurring although those citizens do not see what the plat looks like, and they only see this
information at that hearing. He stated the idea is to inform citizens before the application happens. He also stated
staff reviews items that can be appealed with those citizens, therefore an appeal can be difficult per the
requirements. He also believes, per experience, if a citizen wants to hold a hearing, they will find a way to do so.
Mayor Casper questioned the amount of notice beyond 300’. Director Cramer believes State Code is adequate, and
Mr. Fife stated the State has broad input from all cities in the State which has been vetted. Per Mayor Casper, Mr.
Fife believes legitimate developers see a benefit in the neighborhood meetings so things can be compromised at a
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cost they are accountable with in the development. He also believes this makes them better neighbors. He indicated
the process is to be fair. Discussion followed regarding the conduct language included in the proposed ordinance.
This item will be included on the October 28 City Council Meeting agenda.
Update regarding the formation of an Eastern Idaho Regional Wastewater Authority (EIRWWA) Taxing District:
Mayor Casper stated the city received information from the EIRWWA moving from a Joint Powers Agreement (JPA)
to becoming an Authority. She noted an Authority can tax, a JPA does not allow the opportunity to tax or bond. She
believes this will impact the city as the city may expand into this territory and may be annexing land that is served
differently from the current system. Mr. Kirkham stated the current JPA is between the counties of Bingham and
Bonneville and the cities of Shelley and Ammon. He indicated the city has worked on several other JPAs although
the joint power organization has no more authority or power than their constituents. He also stated an election
would be required by the majority of individuals who own property within the district to approve the creation of
that district, and the first step would be to form a petition that has 10% or more of said individuals to have interest
in creation of the district. Mr. Kirkham stated the city received notice from the Authority as the city has two (2) city-
owned parcels that are being contemplated to be annexed into the district’s boundaries – Sandy Downs and the
lower southern end of the city to Ryder Park. He stated the city responded to the letter stating the city would not
grant permission for these city properties to be included in the district. He does not believe it’s wise to have city
properties within another political subdivision boundaries. He noted this refers to property that the city owns
outright, this property is not within the geographical boundaries of the city’s governing authority. Mr. Canfield
identified an additional parcel that was not previously included on the parcel map. Mr. Kirkham reviewed the
process for filing and being placed on the ballot, noting a majority vote of the property owners is required. This
would then allow the power for a levy of tax and the power of bonding for capital projects. Mr. Kirkham noted due
to the proposed boundaries being so close to the city, the question is who would have the right to serve wastewater
to these parcels as they annex into the geographical boundaries of the city. He stated it is not easy to de-annex or
withdraw properties from the district. He explained the three (3) methods to de-annex or withdraw. He believes
changing the boundaries would be difficult. Mayor Casper believes the city’s rates are preferable, although per
Mayor Casper, Mr. Kirkham stated the Authority’s annexation authority is not the same as the city as the city
requires contiguous and an adjacency to expand the city’s geopolitical boundaries whereas the district code refers
to as adjoining or close proximity. Mr. Kirkham believes this may encourage development outside of the city
boundaries. Councilor Burtenshaw believes this would create an opportunity to develop outside the city. Councilor
Freeman believes the Shelley facility may have to expand as they’re running out of capacity. He doesn’t see a reason
to have city property being served by a different entity as the service would cost more. Discussion followed
regarding those voting individuals, property taxes, the inclusion of Ammon and Iona, and the Iona Bonneville Sewer
District (IBSD). Per Councilor Freeman, Mr. Canfield stated city service could be extended to the city properties by
using the right-of-way (ROW). Mr. Kirkham stated it would be more difficult to get out once wastewater service is
being provided. Mr. Fife stated the city has a variety of agreements with other counties and cities. He also stated
the city has been reluctant to provide city services outside the city limits although other tools could be considered.
Councilor Radford agreed, stating there are options to be proactive. Additional discussion followed including
capacity, rates, and the request for a more detailed map.
Councilor Radford announced a recent shooting incident at the Boise mall.
There being no further business, the meeting adjourned at 6:00 p.m.
s/ Kathy Hampton s/ Rebecca L. Noah Casper
Kathy Hampton, City Clerk Rebecca L. Noah Casper, Mayor
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Agenda
Honorable Mayor and Council
Brad Cramer, Community Development Services Director
October 20, 2021
October 19, 2021, Planning Commission Action
Planning Commission took the following action during the October 19, 2021, meeting.
1. RZON21-017: Comprehensive Plan Amendment. Adoption of the Imagine IF
Comprehensive Plan. On October 19, 2021, the Planning and Zoning Commission voted 5-
1 to recommend approval of the Comprehensive Plan to the Mayor and City Council upon
completion of spelling, grammar edits, and incorporation of public comments that can be
addressed prior to the City Council Meeting.
RECOMMENDED COUNCIL ACTION: To receive recommendation(s) from the Planning and Zoning
Commission pursuant to the Local Land Use Planning Act (LLUPA).
Idaho Falls Downtown Development Corp. September 14, 2021 board meeting was held at the Bank of
Idaho board room 350 Memorial Drive, Suite 200 at 8:30am
Attendance: Lisa Farris, Brandi Newton, Jill Hansen, Emily Fitzpatrick, Chip Langerak, Greg Crockett, Jake
Durtschi, Tasha Taylor, Kevin Josephson, Cindy Napier, Dana Briggs, Rain, guest of Kevin Josephson and
Councilman Jim Francis
Staff: Catherine Smith and Mala Lyon
Minutes for July 13, 2021 were reviewed – we did not have a full quorum to approve in August - Brandi
motioned they be approved; Jill seconded and board approved
Minutes for Minutes for August 3, 2021 were reviewed were reviewed Brandi motioned they be
approved; Tasha seconded and board approved
Financial Report – Brandi – We are in a good position thanks to the careful management Catherine has
done and in applying for the PPP loans. We have not sold the old ‘Vroom Vroom’ yet so that money will
come back in when it does. Brandi motioned the financials be approved; Greg seconded, and board
approved.
Greg made the motion that Chip Langerak, the owner of the Villa Coffeehouse, be nominated to be a
new board member. Kevin seconded and the board approved.
Catherine presented the 2021-2022 budget draft. Proposed that monthly parking permits be increased
from $35 to $40 per month and the reserved parking spaces be raised from $35 to $50 per month which
will bring in about $9,000 more a year to help offset the cost of maintenance and snow removal. We
have not increased the price for permits since April 2016 when it went from $32 to $35. Bonneville
County has purchased the building that Melaleuca owned, where DePatco was, and included in that sell
was the parking lot across the street that we have been managing that we call the B Street West Lot.
They are moving the election office into that building. The County has agreed to allow the Arts Council
to keep their 7 reserved parking spaces in exchange for us doing the maintenance and snow removal.
The Arts Council will pay us for the 7 parking permits, and we will be allowed to have the meter stay and
people will pay to park in the evenings. Melaleuca owns a second parking lot on the west side of
Capital, and we are in negotiations to manage that lot and to have the first option to buy it if they decide
to sell. We are estimating that we can install 36 parking spaces by re-striping it. Greg suggested that
we lease 10 parking spaces back to the county as they are buying up buildings downtown and we do not
get BID taxes from any building that they own. Brandi suggested that if people are willing to pay a year
in advance for parking permits, they could get a discount. Greg motioned that the increases be
approved; Brandi seconded; board approved.
Catherine will send out an email with updated numbers.
We are planning on doing some fall and winter beautification projects in the flowerpots.
We are planning on holding all our events with OktoberFest being Sept 25th and FallBrew Nov 6th. We
are anticipating that we will receive $65,000 from the events with $40,000 expenses. Parking software
and connection expenses fluctuate with usage, so we have increased the budget from $8,500 to
$16,500. Last month we had 2,200 people use the meters and there are fees for each transaction.
Murals – hoping to do 2 murals at $5,000 each next year. We will do them by commissioning an artist
rather than a call-to-artists. Travel expenses for a PIPTA conference for Catherine and Juan to attend
and a Main Street Conference for Catherine to attend and some other webinars. Hoping to push $5,000
into the Idaho Falls Historic Downtown Foundation funds.Catherine will make the changes to the budget
and email it out and request a vote.
“Labs of Downtown” project is still on hold while we work with the INL. They gave us $5,000 for a mural
project that didn’t happen and now there is some difficulties in getting approval to move forward.
Brandi asked if it would just be easier to give the money back and reapply? Chip said public art cannot
always happen on our timetable like we would like it to. We might want to plan for 3 projects – 2
murals and the labs and then we might only get 2 finished. Catherine will talk to Misty again. Brandi
also reached out to Rae Moss with INL to see if she can help get approval for the project or give us
advice on what to do next. Catherine was told to apply for $5,000 more so we would have all the money
needed to do this project and was turned down.
We have a new traffic cabinet that was installed at Memorial and Broadway. This is next to the other
traffic cabinet that has the Fred Ochi art vinyl on it so we are adding more of his art to this new cabinet.
Events:
• OktoberFest Sept 25th at the Civitan Plaza and B Street – this is a new location that will give us
more room to social distance
• Ladies Shopping Days – Oct 8 & 9 this will include a shopping passport full of coupons and 200
tote bags that we will give away
• FallBrew Nov 6th
The Block Face ordinance passed the City Council and will go into effect as soon as the new signs go up.
This ordinance makes it so you can park for 2 hours on one block and then must move to a new block if
you want to park longer during the same 24-hour period. It will take about 6 weeks to get the new
signs. Brandi asked if the city would do a press release and take the lead in announcing this change?
Councilman Francis said that we do need to get the info out there and get it right. Tasha said if the city
makes the announcement, and we are just enforcing it should go better.
Catherine has talked to Chris Fredrickson about the ‘Welcome to Downtown’ arch and he is looking into
what the step are we will need to do and who we need to get approval from.
Catherine said a new sign has been installed on the Riverwalk/greenbelt that we can put posters in, but
it needs to be adjusted as it is too tall. The new case is watertight, and it has out logo on it.
Lisa said Page Insurance is going to be using $50,000 of the grant money and the new bookstore is
getting a sign grant.
Greg announced that a new restaurant is going in in the same building as Lucy’s Pizza called Chops &
Ribs. They hope to be open by February.
Greg asked if we know when the INL will be moving to their downtown offices? No one has heard.
Meeting was adjourned at 9:30am
Our next board meeting is scheduled to be held October 5, 2021.
Respectfully submitted by Jill Hansen, Secretary and Mala Lyon
^/LegalͲEĞŝŐŚďŽƌŚŽŽĚDĞĞƚŝŶŐƐ
ORDINANCE NO. _____________
AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL
CORPORATION OF THE STATE OF IDAHO; AMENDING TITLE 11 OF
THE IDAHO FALLS CITY CODE TO INCLUDE A NEIGHBORHOOD
MEETING AS A REQUIRED PART OF AN APPLICATION FOR
PRELIMINARY PLAT, PLANNED UNIT DEVELOPMENT, REZONING, OR
CONDITIONAL USE PERMIT; CHANGING A PRELIMINARY PLAT
HEARING TO A MEETING, CORRECTING SMALL ERRORS IN THE
SUBDIVISION CODE AND PROVIDING SEVERABILITY, CODIFICATION,
PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE.
WHEREAS, Idaho Falls strongly believes in citizen participation and collaboration in City
planning and development; and
WHEREAS, the 2013 Idaho Falls Comprehensive Plan states the City should develop a program
to involve neighbors early in the community development process; and
WHEREAS, neighborhood meetings at the conceptual stage of development are a powerful tool
for developers and surrounding neighbors to come together to share visions, discuss concerns,
and work toward a better end result; and
WHEREAS, neighborhood meetings also lead to more informed and productive public hearings
because the hearing is no longer the discovery meeting for the residents; and
WHEREAS, the neighborhood meeting gives the developer an opportunity to share their
development concept with the community and allows neighbors to ask questions and to discuss
concerns related to the development proposal; and
WHEREAS, the goal of the neighborhood meeting is to facilitate an open dialog between the
developer and the surrounding neighborhood during the early stages of the development process
and to give the developer an opportunity to answer questions and to resolve concerns prior to the
Planning Commission public meeting; and
WHEREAS, requiring a neighborhood meeting prior to Planning and Zoning approval of an
application for a preliminary plat, planned unit development, rezoning, or conditional use permit
should result in an efficient public hearing; and
WHEREAS, because the Neighborhood Meeting is now part of the preliminary plat application
process, the hearing of the Planning and Zoning Commission will now be a meeting.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
OF IDAHO FALLS, IDAHO, AS FOLLOWS:
ZONING ORDINANCE - TITLE 11 NEIGHBORHOOD MEETING 9.17.21 PAGE 1 OF 11
SECTION 1. Title 10, Chapter 1, Section 8 of the City of Idaho Falls Code is hereby amended
to read as follows:
10-1-8: PRELIMINARY PLAT APPROVAL PROCESS:
…
(B) Submittal and City Staff Review Process:
…
(2) Application and Contents of Preliminary Plats. The application and plat
shall accurately and fairly describe and depict all improvements, structures,
boundary lines, lot configurations, area to be developed, existing and proposed
land use and zoning, grades, land contour, recreational and public use area,
utilities, water works, topography, streets, alleys, easements, and shall contain
such other information as may be necessary to determine if the proposed
subdivision complies with the requirements of this Chapter. Proof of compliance
with the Neighborhood Meeting requirements of the Zoning Code shall be
submitted as part of a complete application. The plat shall be drawn in accordance
with generally accepted engineering standards and practices and shall be drawn in
such a manner as will assure legibility, clarity, reproducibility, accuracy,
uniformity, and neatness of the plat.
…
(6) Preliminary Plat Public Hearing.
a. After the review of City staff comments and recommendations have
been addressed and resubmitted to the Community Development Services
Department, a public hearing at a regularly scheduled meeting with the
Planning and Zoning Commission shall be scheduled to consider the
preliminary plat. Notice of the preliminary plat hearing shall be pursuant to
requirements of the Idaho Local Land Use Planning Act. Within sixty (60)
days following the date of the Commission meeting at which the plat and
application were first submitted, the Commission shall complete its review
and shall approve, conditionally approve, or disapprove of the preliminary
plat and application, unless an extension of time is agreed to by the
Commission and the developer.
(C) Planning and Zoning Commission Review.
(1) When acting on a preliminary plat application, the Planning and Zoning
Commission shall review the preliminary plat to determine that the preliminary
plat is consistent with the principles contained within the Comprehensive Plan
and is in compliance with this Chapter and all applicable Federal, State, or local
ZONING ORDINANCE - TITLE 11 NEIGHBORHOOD MEETING 9.17.21 PAGE 2 OF 11
laws. In conducting such reviews, the Commission may recess such hearing for
good cause and may solicit information, data, studies, or comments necessary to
determine such compliance. In the event the Commission conditionally approves
the preliminary plat, it shall advise the developer in writing of the conditions
under which the approval is granted, and upon developer’s compliance with such
conditions and the Director’s written certification thereof, the preliminary plat
shall be deemed approved. If approval of the plat is denied, the Commission shall
advise the developer, in writing, of the reasons for denial of the preliminary plat
application.
…
(D) Appeal of Preliminary Plat. Any person aggrieved by the Planning and Zoning
Commission decision on the preliminary plat may appeal the Planning and Zoning
Commission’s decision. Such appeal shall be submitted with the appeal fee to the
Community Development Services Department within fourteen (14) days from the
Planning and Zoning Commission’s written decision and shall list the specific Code
provisions or other reasons that the appellant believes comprise error. The appeal is on
the record that was produced in the preliminary plat process. The appeal shall be
scheduled for consideration at a Council meeting and shall occur within sixty (60) days
following receipt of the appeal. Upon considering the preliminary plat appeal, the
Council may uphold the appeal, deny the appeal, or remand the appeal to the Planning
and Zoning Commission for further action, including direction to reopen the public
hearing to receive further information.
…
SECTION 2. Title 10, Chapter 1, Section 13 of the City of Idaho Falls Code is hereby amended
to read as follows:
…
(C) Petition for Public Hearing: In the event that a hearing has not been held or
scheduled for any application or authorization required under this chapter, any affected
person may petition the City in writing to hold a hearing prior to final action on an
application or authorization. The City may use its discretion to approve the petition.
However, if twenty (20) or more affected persons petition for a hearing, the City shall be
required to hold the hearing.
Any affected person may at any time prior to final action on an application required or
authorized under this chapter, if no hearing has been held on the application, petition the City in
writing to hold a hearing, provided that if twenty (20) affected persons petition for a hearing, the
hearing shall be held.
(CD) Appeals of Final DescisionsDecisions: Any person denied a permit or aggrieved
by a final decision of the City, may, within sixty (60) days after all remedies have
ZONING ORDINANCE - TITLE 11 NEIGHBORHOOD MEETING 9.17.21 PAGE 3 OF 11
been exhausted under this Code, seek judicial review pursuant to the judicial review
procedures set forth in Title 67, Chapter 65 Idaho Code.
SECTION 3. Title 11, Chapter 6, Section 2 of the City of Idaho Falls Code is hereby amended
to read as follows:
…
11-6-2: DUTIES AND AUTHORITIES.
…
(E) Summary of Actions/Decisions. Table 11-6-1 Summary of Actions/Decisions that
follows is a list of the actions/decisions the City shall take in the administration of this
codeCode, the decision body responsible and the process and findings under which the
action shall be granted.
…
SECTION 4. Title 11, Chapter 6, Section 3 of the City of Idaho Falls Code is hereby amended
to read as follows:
…
11-6-3: APPLICATION PROCEDURES.
The purpose of this Section is to outline the application procedures for a permit or decision under
provisions of this Code.
(A) Application Requirements.
…
(2) All requests for permits and decisions in accordance with this Code shall
submit a complete application to the Zoning Administrator on forms approved
and provided by the cityCity.
…
(7) No application for a preliminary plat, Planned Unit Development, rezoning,
or Conditional Use Permit shall be considered complete until all materials
required for compliance with the Neighborhood Meeting in this Code are received
by the City.
(CB) Action on the Application. After an application has been determined to be
complete, an action or decision shall occur as follows:
(1) For an administrative decision identified as “ADM” on Table 11-6-1
Summary of Actions/Decisions, the Zoning Administrator shall act upon the
application within thirty (30) days.
ZONING ORDINANCE - TITLE 11 NEIGHBORHOOD MEETING 9.17.21 PAGE 4 OF 11
(2) For a permit request identified as “P” on Table 11-6-1 Summary of
Actions/Decisions, the decision-making authority shall act upon the application
within sixty (60) days.
(3) For an application requiring a public hearing identified as on Table 11-6-1
Summary of Actions/Decisions, the initial hearing shall be held no later than sixty
(60) days after the date of the determination of completeness, unless waived by
the applicant.
(DC) Public Hearing Procedures. All applications subject to a public hearing as identified
on Table 11-6-1 Summary of Actions/Decisions, shall follow the public hearing
requirements consistent with Idaho Code.
(ED) Appeal Procedures for Decisions of the Zoning Administrator.
…
(FE) Expiration of Action on Applications. All application approvals shall expire one (1)
calendar year from the date of approval unless:
…
(GF) Resubmittal.
…
(HG) Certificate of Occupancy. No certificate of occupancy shall be issued for any
approved application until the development has been inspected and determined to be in
compliance with all terms and conditions of the permit, including but not limited to,
proper installation of all required improvements.
(IH) Application Procedures for a Planned Unit Development (PUD).
…
(2) Prior to the filing of an application for a PUD permit and following a
Neighborhood Meeting required by this Code, the applicant shall request, and the
Zoning Administrator shall schedule, a pre-application conference with the
Planning Division staff and other City staff , as deemed necessary.
…
SECTION 5. Title 11, Chapter 6, Section 4 of the City of Idaho Falls Code is hereby amended
to read as follows:
11-6-4: DECISION–MAKING PROCEDURES.
…
(E) Types of Hearings.
…
ZONING ORDINANCE - TITLE 11 NEIGHBORHOOD MEETING 9.17.21 PAGE 5 OF 11
(2) Two Meeting QnasiQuasi-Judicial Hearings.
(a) General. Two Meeting Quasi-Judicial Hearings shall be required
when the permit or regulatory change sought requires a sequence of two
(2) or more public hearings before final action may be taken on the
request. The initial public hearing shall be conducted by the Planning and
Zoning Commission whose task is to prepare a recommendation for
submittal to the Council. Following receipt of the recommendation from
the advisory board, a second public hearing must be scheduled before the
Council before a decision on the request may be rendered. Like those
hearings classified as Single Meeting Quasi-Judicial Hearings the rights of
individuals are at stake and the protection of those rights is a prime
purpose of the required procedure. Like a Single Meeting Quasi-Judicial
Hearings procedure, the resulting decision from a Two Meeting Quasi-
Judicial Hearing procedure is final unless appealed to a subsequent
decision-making tribunal. Unlike the Single Meeting Quasi-Judicial
Hearings procedure, care must be taken in the steps between the initial and
second hearing to protect the interests of all parties involved. Two
Meeting Quasi-Judicial Hearings are used in request for changes in zoning
district boundaries, changes to the Comprehensive Plan when sought in
conjunction with a request for a change in zoning district boundaries,
Planned Unit Developments.
…
SECTION 6. Title 11, Chapter 6, Section 8 of the City of Idaho Falls Code is hereby added to
read as follows:
11-6-8: THE NEIGHBORHOOD MEETING
A. Purpose. The purpose of the Neighborhood Meeting is to allow the developer to
present the proposal to neighbors and other members of the public prior to the formal
public Meeting or hearing so that the parties can discuss and consider neighborhood
impacts, compatibility, public safety, mitigation of impacts, design and construction
elements, traffic, and the like. It gives the developer the opportunity to explain how the
proposed development is consistent with the principles in the Comprehensive and
complies with this Code. A further purpose is to allow developers to have related
applications considered concurrently by the hearing bodies.
B. When Required.
(1) A Neighborhood Meeting shall be required for each of the land use matters
below. Where the applicant desires to file more than one (1) application involving
the same project and/or property and desires all related applications to be
considered within the same hearing, only one (1) Neighborhood Meeting shall be
necessary, as long as all relevant applications are discussed in such Neighborhood
Meeting.
(2) A Neighborhood Meeting shall be required as a prerequisite to filing of an
application with the City for the following land use matters:
ZONING ORDINANCE - TITLE 11 NEIGHBORHOOD MEETING 9.17.21 PAGE 6 OF 11
(a) Preliminary Plat;
(b) Planned Unit Development;
(c) Rezoning;
(d) Conditional Use Permit; or
(e) Any combination of the foregoing.
C. Notice of Meeting.
(1) Notice of the Neighborhood Meeting shall be given to all property owners
of record within three hundred feet (300’) of the subject property. Such notice
shall be provided at least fourteen (14) days before the first Neighborhood
Meeting regarding the subject property. Notice of the Neighborhood Meeting
shall be made by mail to the current or last known address of the property owners
of record. Property owners of record shall be determined by review of records in
the possession of Bonneville County. Alternatively, the City may provide a list of
property owners to the applicant upon receipt by the City of the proper request
form and the appropriate fee.
(2) Notice shall include a vicinity map, the general nature of the proposal, the
size of the land, the number of lots/dwelling units, the date, time and location of
the meeting, and the name, address, telephone number and email address of a
contact person. The Neighborhood Meeting shall be set at a date, time, and place
reasonably calculated to facilitate the attendance of the property owners who are
required to receive notice. Evening meetings during the work week are
encouraged.
D. Format.
(1) General. The applicant or applicant’s representative shall conduct the
Neighborhood Meeting according to orderly procedures. The person conducting
should provide the participants in the Neighborhood Meeting a fair chance to be
heard. The person conducting will have the authority to recognize participants in
the Meeting and to maintain order in the conduct of the Neighborhood Meeting.
Formal rules of evidence will not apply during the Neighborhood Meeting, but the
person conducting may limit the duration of comments or presentation where
necessary to give the broadest number of participants the opportunity to express
their views.
(2) Order. The Neighborhood Meeting shall generally be conducted in the
following order; however, the Meeting should not be so formal that it precludes or
unduly limits participation by those in attendance nor should it be so unruly that
information gathering and exchange cannot occur:
(a) Opening of the Meeting and a call to order;
ZONING ORDINANCE - TITLE 11 NEIGHBORHOOD MEETING 9.17.21 PAGE 7 OF 11
(b) Introduction of the proposal/project by the applicant and/or the
applicant’s representatives;
(c) Public comments in support of the application;
(d) Public comments in opposition of the application;
(e) Questions and/or other public testimony;
(f) A response of the applicant (if desired by applicant);
(g) Any related business; and
(h) Close of the Neighborhood Meeting.
(3) Other. Conduct by all participating in the Neighborhood Meeting should be
respectful, should avoid personal attack, and should be directed toward gathering
and exchanging information regarding the proposal(s).
E. Scope. Each Neighborhood Meeting shall be conducted so that those in attendance
can discuss the project/proposal which is the subject of the application(s) to be filed.
Where more than one (1) application is to be considered in the same public hearing, the
Meeting shall include discussion of all related matters. For example, where there is to be
a submittal for a rezoning along with a preliminary plat, both shall be thoroughly
discussed in the Neighborhood Meeting.
F. Submission of Neighborhood Meeting Materials to City.
(1) Time to submit materials. Neighborhood Meeting materials required to be
submitted pursuant to this Code shall be submitted with the application(s) and
relevant fee(s).
(2) Materials to be submitted. The following shall be submitted to the City with
the original filing of the land use application(s) and shall constitute part of such
land use application(s):
(a) Time, date and location of the Neighborhood Meeting;
(b) Names and addresses of property owners to whom notice was sent;
(c) Names and addresses of all attendees;
(d) Summary of comments, suggestions and discussion;
(e) Applicant’s response to comments, suggestions and discussion,
including any modifications made or intended to be made to the project
proposal/application as a result of the Neighborhood Meeting comments;
and
ZONING ORDINANCE - TITLE 11 NEIGHBORHOOD MEETING 9.17.21 PAGE 8 OF 11
(f) Materials utilized or submitted (including plans, proposals, designs,
power point presentations, maps, handouts, petitions, letters, studies, etc.)
shall be submitted with the application for the related project(s). The
summary of comments, suggestions and discussion should be extensive
enough to allow the reader to understand what occurred.
(g) A verbatim transcript of the Neighborhood Meeting is not required
nor is a video and/or audio tape (unless the applicant wishes to submit it).
G. Notice of Hearing. Following receipt by City staff of the required submittals with
the application and fee(s), notice of a public hearing on the related application(s) shall be
scheduled before the Planning and Zoning Commission. If required, notice of such public
hearing shall take place not less than fifteen (15) days prior to the required public hearing
before the Planning and Zoning Commission pursuant to this Code.
SECTION 6. Title 11, Chapter 7, Section 1 of the City of Idaho Falls Code is hereby amended
as follows:
11-7-1 DEFINITIONS
…
Neighborhood Meeting: A meeting required to be held and conducted by an applicant for certain
types of proposed land use changes in order to provide an opportunity for dialogue between the
applicant and the public, especially those who live close to the property that is the subject of the
application. The Meeting must be held in advance of any formal Meeting or quasi-judicial
hearing of the application pursuant to the Local Land Use Planning Act.
SECTION 8. 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 9. 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 10. 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 11. Effective Date. This Ordinance shall be in full force and effect on January 1,
2022, 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 ____________, 2021.
ATTEST: CITY OF IDAHO FALLS, IDAHO
ZONING ORDINANCE - TITLE 11 NEIGHBORHOOD MEETING 9.17.21 PAGE 9 OF 11
______________________________ _______________________________
KATHY HAMPTON, CITY CLERK REBECCA L. NOAH CASPER, Ph.D.,
MAYOR
(SEAL)
ZONING ORDINANCE - TITLE 11 NEIGHBORHOOD MEETING 9.17.21 PAGE 10 OF 11
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, A
MUNICIPAL CORPORATION OF THE STATE OF IDAHO; AMENDING
TITLE 11 OF THE IDAHO FALLS CITY CODE TO INCLUDE A
NEIGHBORHOOD MEETING AS A REQUIRED PART OF AN
APPLICATION FOR PRELIMINARY PLAT, PLANNED UNIT
DEVELOPMENT, REZONING, OR CONDITIONAL USE PERMIT;
CHANGING A PRELIMINARY PLAT HEARING TO A MEETING,
CORRECTING SMALL ERRORS IN THE SUBDIVISION CODE AND
PROVIDING SEVERABILITY, CODIFICATION, PUBLICATION BY
SUMMARY, AND ESTABLISHING EFFECTIVE DATE.”
______________________________
(SEAL) KATHY HAMPTON, CITY
CLERK
ZONING ORDINANCE - TITLE 11 NEIGHBORHOOD MEETING 9.17.21 PAGE 11 OF 11
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October 16, 2021
Rodger Christensen, Chairman of the Board
Eastern Idaho Regional Wastewater Authority
618 E. 1250 N.
Shelley, Idaho 83274
Mr. Christensen,
This letter is in response to your letter dated October 6, 2021, and delivered to the City on
October 14, 2021, regarding the creation of the Eastern Idaho Regional Wastewater Authority and its
proposed boundaries that include lands owned or annexed into the City of Idaho Falls. These properties
are currently served by the City’s wastewater utility.
The City objects to the proposed boundaries that include any lands that are owned by the City,
specifically parcels RPA00018949947 and RPA00018092303.
In addition, I can find no law that authorizes the Eastern Idaho Regional Wastewater Authority to
annex properties within the geographic and jurisdictional boundaries of the City of Idaho Falls without
the consolation or approval of the Idaho Falls City Council. The City specifically requests that the
proposed boundary map that includes areas already annexed into the City of Idaho Fall be corrected.
These areas are already served by the City’s wastewater utility.
The City further requests that the Authority provide the City notice of the date and time of the
hearing on the petition the Authority intends to file with the District Court so that, pursuant to Idaho
Code § 42-3207, the City can file petition objecting to being included in the boundaries of the Authority.
Respectfully,
Michael Kirkham
Assistant City Attorney
cc. Rebecca L. Noah Casper, Ph.D., City of Idaho Falls Mayor
Randall D. Fife, City Attorney
Andrea Gumm, The Langdon Group
Sean Coletti, City of Ammon Mayor
Jeff Kelley, City of Shelley Councilmember
Mark Bair, Bingham County Commissioner
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