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City Council

Regular Meeting

Idaho Falls, ID · November 8, 2021

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Minutes

November 8, 2021 Work Session The City Council of the City of Idaho Falls met in Council Work Session, Monday, November 8, 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 Councilor John Radford Councilor Thomas Hally Councilor Jim Freeman Councilor Jim Francis Councilor Lisa Burtenshaw Absent: Council President Michelle Ziel-Dingman Also Present: Sean Coletti, City of Ammon Mayor Michael Kirkham, Assistant City Attorney Brad Cramer, Community Development Services Director Chris Fredericksen, Public Works Director Kent Fugal, City Engineer Dana Briggs, Economic Development Coordinator Colin McAweeney, TischlerBise Chris Canfield, Assistant Public Works Director Rory Villanueva, Architects Design Group Pamela Alexander, Municipal Services Director Randy Fife, City Attorney Kathy Hampton, City Clerk Mayor Casper called the meeting to order at 3:00 p.m. with the following items: Discussion and Review of Eastern Idaho Regional Wastewater Authority (EIRWWA) Taxing District Map: Mayor Casper stated discussion for this item occurred at the October 25 Council Work Session. She also stated Mayor Coletti is one (1) of four (4) board members for the current EIRWWA that has been created by a Joint Powers Agreement (JPA). Mayor Coletti clarified this is not a taxing district, this is a fee district which is meant to collect sewer fees from entities or individuals within the district. He explained several years ago there was a decision between Ammon and Idaho Falls that Ammon would stop sending its sewer into Idaho Falls and would route the sewer to Shelley instead. He also explained Shelley had a septic field that was in violation of the Environmental Protection Agency (EPA), and Ammon wanted to create its own plant. A bond vote was needed for the Ammon residents to construct a plant in this field, which passed overwhelmingly. Mayor Coletti stated when he was elected to the Ammon Council the plant was almost finished which was established as a JPA. The initial JPA was a 5-entity agreement with Ammon, Shelley, Bonneville County, Bingham County, and the Iona Bonneville Sewer District (IBSD), however, IBSD decided not to join the JPA at the last minute. Mayor Coletti believes the JPA was put together based on politics, and each entity would have one (1) vote. He also believes this has been difficult as Ammon has 70% of flow and Shelley has 25-26% of flow with only one (1) vote each as compared to Bingham County which has seven (7) connections. He believes the balance of power is not correct, hence this is one of the reasons to create a sewer 1 November 8, 2021 Work Session district. The sewer district would create a 5-member board and will be determined based largely on parcel size. This would give Ammon three (3) votes, Shelley would have two (2) votes. This would represent those cities as well as the county within those districts. Mayor Coletti believes this is more fair. He noted all entities agree at this point. He stated the plant was primarily formed by the two (2) bonds from Ammon and Shelley, noting the counties cannot bond for sewer. He realizes the Shelley plant needs to expand, stating any potential bond would be on the backs of Ammon and Shelley. He indicated a bonding authority is needed to cover all users fairly, which would be the sewer district. Mayor Coletti stated a JPA between four (4) entities who have their own interest can be hard to manage. He believes it would be easier for the board to get together if the entity that exists is solely for the purpose of sewer collection and treatment. He stated there has been work with engineers and Geographic Information System (GIS) for a map, which was initially quite large. He indicated the creation of a sewer district is not easy as 10% of property owners signatures must be collected as well as consents from all owners of parcels more than five (5) acres. Therefore, the proposed boundaries were reduced. Mayor Coletti believes Idaho Falls concerns are around Exit 116 and that surrounding area. He also believes there is only one (1) customer at Exit 116 who should be part of the sewer district. He stated any future customer, with more than five (5) acres, would have to petition to the sewer district to join. Mayor Coletti stated the first map was drawn to acknowledge this customer and there is potential access along the line to the plant. He also stated the area could be drawn differently as long as the customer is part of the district. Mayor Coletti stated the engineers drew two (2) subdistricts in Bingham and three (3) subdistricts in Bonneville, noting the engineers tried to make the subdistricts equal in population. He also stated a vote (50% +1) in May would be to create the sewer district, noting each candidate would have to reside in their subdistrict. He also noted a bond is not connected with the sewer district formation vote in May. Mayor Coletti clarified that as long as he’s been a board member a consideration of Idaho Falls has never been in the picture, discussion has occurred regarding the proposed boundaries and if this would be imposing on Idaho Falls. Per Councilor Hally, Mayor Coletti wants to ensure Smith Chevrolet is part of sewer district as this property is already a customer of the sewer plant. Mayor Coletti also stated Smith Chevrolet has not been a topic of discussion with the board, noting they could connect to Idaho Falls. Councilor Radford expressed his concern for the golf course area. Mayor Coletti stated there is a sewer line underground in this area. He also stated a future developer next to EIRWWA could connect to Idaho Falls or EIRWWA. He believes this discussion could be presented in the future. Mayor Coletti reiterated, on behalf of the board, there is no desire to impose on Idaho Falls. Mayor Casper noted the Council was aware of these conversations moving forward. Mayor Coletti also emphasized Ammon has no desire to annex west of Hitt Road at any point. Mayor Casper expressed her concern for other future properties near Smith Chevrolet. Per Mayor Casper, Mayor Coletti stated money has been saved for the expansion although additional money will be needed, individual bonds by individual cities is not affective, there are options to re-finance, and additional American Rescue Plan Act (ARPA) funds could also be used. He also stated he is optimistic to get monies without bonding. He anticipates the expansion to be completed by 2024-2025. He indicated there has not been a lot of opposition as signatures have been collected. Mayor Coletti stated this is super important for Ammon, he is hopeful this would be important for Idaho Falls as well. Per Councilor Freeman, Mayor Coletti stated there are approximately 5,700 unique property owners within the proposed district, therefore, 570 signatures (10%) are required. He also stated a consent for the 5+ acre owners must be signed to be included. He noted the 10% of signatures allows the item to be put on the ballot. Also per Councilor Freeman, Mr. Kirkham confirmed the three (3) City of Idaho Falls parcels are more than five (5) acres, none of these parcels have been consented. Per Mayor Casper, Director Cramer stated Idaho Falls connection fees are substantially less. He believes there’s concern if property is included in the district developers would not have the ability to connect to Idaho Falls without the ERIWWA Board approval. Mayor Coletti confirmed that is not the case, the choice remains for the 5+ acres. He also stated a consent must be physically signed to join in. Mr. Kirkham clarified there is a process to withdraw from the sewer district. He explained the three (3) ways to get out if the property is sold. Mayor Coletti noted the sewer district does not have capacity to take on large industrial development. Mr. Fife clarified this is a taxing district per 2 November 8, 2021 Work Session Idaho Code as there is the authority to collect taxes once the district is formed. Mayor Coletti acknowledged the correction. Councilor Burtenshaw questioned why Idaho Falls would not seem appealing, referencing capacity issues. Mayor Casper stated the Idaho Falls plant was built with capacity to serve the area. Per Mayor Casper, Director Fredericksen stated approximately 40% of capacity is left. Mayor Casper believes development should pay for development. She questioned if urban renewal fees could be used successfully around Exit 116. Director Cramer stated an urban renewal district could be created which could also pay for public improvements, although he believes the Idaho Falls Redevelopment Agency (IFRdA) Board is reluctant for green infill sites. General comments followed. Briefing: Impact Fee Consultant Report: Mr. Fugal stated city staff has been working with the newly appointed Impact Fee Advisory Committee to receive their feedback and then present the final results and the recommended maximum fees for each of the impact fee categories. He also stated future discussion is anticipated for the November 22 Council Work Session. Mr. McAweney stated TischlerBise has experience with impact fees and fiscal impact analyses across the State of Idaho. He noted impact fees are widely used throughout the State. He then presented the following with general discussion throughout: Impact Fee Fundamentals – • One-time payment for growth-related infrastructure, usually collected at the time buildings permits are issued • Not a tax, similar to a contractual arrangement to build infrastructure with fee revenue, with three (3) requirements – need (system improvements), benefit (geographic, and timeframe (eight (8) years in the State of Idaho, can be 11 years for extenuating services)), and proportionate Eligible Costs – • Can be used for facilities/improvements required to serve new development, or excess capacity in existing facilities (growth shares) • Cannot be used for maintenance and repairs, operating costs, or improvements required to correct existing deficiencies (unless there is a funding plan) • Decision tree – is an eligible infrastructure category, what degree is the capacity expanding, what degree is capacity growth related Why Impact Fees – • Infrastructure capacity is essential to accommodate new development • New growth pays its equitable share • Encourages disciplined capital improvement planning (earmarks money for capital improvements) • Promotes comprehensive planning and growth management (helps ensure adequate public facilities) • Compared to negotiated agreements, streamlines approval process with known costs (predictability) • Anti-growth pressure can be eased Mr. McAweney stated one-time revenues should be helping one-time costs, on-going expenditures should be offset by on-going revenues, such as property taxes, etc. Nexus and benefit of revenues – • Nexus with demand for public facilities versus demand base bearing cost of public facilities (area specific assessment, impact fees, jurisdiction-wide special assessment, utility rates, property tax, sales tax) Myths and Misconceptions – • Impact fees cover the entire cost of new facilities, negating the need for higher taxes (a “properly” designed fee may come close, credits, Operations and Maintenance (O&M) costs) • Impact fees should be based on planning standards, without concern for deficiencies • Nonresidential fees can be “adjusted” for economic reasons 3 November 8, 2021 Work Session • All developers/builders hate impact fees Impact Fees in Idaho – • Impact fee revenue must be maintained in an interest-bearing account • Monies must be spent within eight (8) years from collection • Community must publish an Annual Monitoring Report and have an Advisory Committee • Comprehensive review and update every five (5) years • Eligible for water, wastewater, stormwater, transportation (roads), Parks and Recreation (P&R), and public safety (law enforcement, fire, Emergency Medical Services (EMS)) with useful life of ten (10) years or more Impact Fee Study Process – • Determine existing development base and projected future growth • Determine existing levels of service and capital needs due to new growth • Determine appropriate indicators of demand • Evaluate methodological alternatives • Evaluate need for credits • Calculate draft fees • Review and input from the Advisory Committee • Adoption process Common Impact Fee Methods – • Cost Recovery (past) – oversized and unique facilities and funds typically used for debt service • Incremental Expansion (present) – formula-based approach documents level of service with both quantitative and qualitative measures • Plan-Based (future) – common for utilities but can also be used for other public facilities with non-impact fee funding Mr. McAweney stated three (3) credits would need to be assessed – site specific (developer constructs a capital facility included in fee calculations), debt service (avoid double payment due to existing or future bonds), and dedicated revenues (e.g., property tax, local option sales tax, gas tax). Idaho Falls Impact Fee Study – Fee Categories: Parks and Recreation (neighborhood parks, urban/community parks, civic parks, and indoor rec centers); Transportation (arterial capacity improvements); Police (police station and police vehicles); Fire (fire stations, fire vehicles and apparatuses, and training center). Mr. McAweney explained the analysis for each of these categories. Residential Growth – based on recent growth, Idaho Falls is projecting 3,500 housing units over the next ten (10) years, almost 9,000 new residents (14% increase) Non-residential Growth – 8,900 new jobs are projected (16% increase), 3.8M square feet of new development Impact Fee Study Process – • Determine existing development base and projected future growth • Determine existing levels of service and capital needs due to new growth • Determine appropriate indicators of demand • Evaluate methodological alternatives • Evaluate need for credits • Calculate draft fees • Review and input from Advisory Committee • Adoption process 4 November 8, 2021 Work Session Per Councilor Francis, Mr. McAweeney stated there would not be a differential impact fee for a new project versus improvements, such as a fire station. Also per Councilor Francis, Mr. McAweeney stated the bridge and arterial fee is the only fee that would drop out if there were impact fees. Per Mayor Casper, Mr. McAweeney reiterated impact fees must be reviewed every five (5) years. The study will include a rough framework for the Capital Improvement Plan (CIP). Mr. Fife explained the responsibility of the Impact Fee Advisory Committee is to support and review the impact fees. Per Mayor Casper, Mr. Fugal believes this presentation was well received with the Impact Fee Advisory Committee and they were complimentary of the analysis that has been performed. Update: Law Enforcement Complex (LEC): Mayor Casper stated all design work for the LEC is being handled by in-house expertise versus an outside construction manager or consultant. Director Fredericksen recognized Municipal Services, Building Official Reggie Fuller, and Idaho Falls Police Department (IFPD) Captain Joel Tisdale for their skills and assistance. He also recognized Mr. Canfield as the manager on with this project. Mr. Canfield reviewed the schedule of the project – Schematic Design completed 4/29/2021, Design Development Accepted on 8/6/2021, 50% CD submittal 10/1/2021, 75% CD Progress Site Plan Permit Submittal 11/19/2021, Building Package Permit Submittal 12/23/2021, Construction Drawings for Bid Advertisement February/March 2022, and Construction 2022 - 2023. Mr. Canfield reviewed the right-of-way (ROW) vacation process stating N. Emerson Avenue is to be vacated, and there is a recommendation to put in a cul-de-sac south of the project toward May Street to realign the cul-de-sac that would improve utility access and maintain the drive access off the drive isle. He identified the secured access from the drive isle to the facility, public parking, employee parking, the vehicle storage facility, and the historic project area. He also identified a ROW for the water and sewer main that would be maintained. Mr. Canfield stated a Memorandum of Agreement (MOA) has been submitted to the State Historic Preservation Office (SHPO) which will be forthcoming for ratification. He also stated a concrete walkway was established in the MOA that would begin at the north end to the south end of project, noting the walkway is in combination for the planned landscape in the northeast corner of the site. He also noted the city has five (5) years to complete this walkway. Brief discussion followed regarding the walkway grade, the historical preservation review, the environmental process, and mitigation. Mr. Fife believes there were two (2) processes, one (1) being a contractual agreement with the family recognizing the historic nature and the other as a governmental interest/conditions imposed from the State recognizing the historical value. Additional discussion followed including the cross walks along Northgate Mile. Mr. Canfield stated discussion has occurred regarding charging station for electric vehicle hook ups, however, the budget is not currently set up for charging stages. He indicated infrastructure conduit will be provided to allow future implementation. He also stated there is potential to work with Idaho Falls Power (IFP) for Level 2 charging systems versus a supercharger. This Level 2 system was recommended by the IFPD. Councilor Radford believes this would be one of the safest places to charge an electric vehicle. Mayor Casper indicated electric vehicles will be discussed at the November 10 IFP Board Meeting. Mr. Canfield reviewed the project: ‘Hard Costs’ – Building & Site Construction (DD 9-13, includes 7% Design Contingency) = $23,493,384 Add Alternate = $13,596 5 November 8, 2021 Work Session Off Site Utilities/Fiber = $65,000 Total Construction = $23,571,980 Escalation (1 year at 4%) = $942,879 Total hard costs = $24,514,859 ‘Soft Costs’ = $4,224,356 Owner’s project contingency (construction) 5% = $1,225,743 Total project cost = $29,964,958 Mr. Canfield reminded the Council that the total budget is $30M. He stated adjustments are made as necessary, noting there is a potential change in the vehicle storage building. Per Councilor Freeman, Mr. Canfield confirmed demolition of the old structure is included in the Hard Costs. Per Mayor Casper, Director Fredericksen noted the heat system will be electric per previous Council discussion, which slightly increased the cost. Mr. Canfield indicated the Architects Design Group is working with IFP on actual costs. Director Fredericksen stated there are current supply issues, noting the bidding plan is expected to change dramatically although he believes the city is in a good situation. Mayor Casper noted costs could have been higher if the project had been delayed for bonding. Discussion followed regarding any cuts, contracts, and the $30M budget. Calendars, Announcements, Reports, and Updates: Mayor Casper announced her Executive Assistant will be out of the office for an undetermined time due to medical leave. November 9, Chamber of Commerce Distinguished Under 40 Luncheon (two (2) city honorees) November 15, Association of Idaho Cities (AIC) Fall Academy November 30, Fluor End-of-Contract Reception December 10, City Club featuring Idaho National Laboratory (INL) Director John Wagner December 14, Eastern Idaho Water Rights Coalition (EIWRC) featuring Congressman Mike Simpson Mayor Casper stated discussion regarding the calendar for the upcoming year will be forthcoming. She requested any Council changes for the new year be submitted to her. Mayor Casper also noted an American Public Power Association (APPA) seminar on hydrogen is forthcoming. Liaison Reports and Councilmember Concerns: Councilor Hally stated the Fire Association is working on legislation through Medicaid that could affect the Ambulance Fund. Councilor Burtenshaw stated Imagine IF was recently presented to the P&R Commission. She also stated the trail in Heritage Park may not be completed before year end pending weather. Councilor Radford stated there are billions of dollars for city trees available in the infrastructure bill at a 50/50 match. He indicated a beetle coming from the east coast has devastated Ash trees. He noted 80% of trees in Tautphaus Park and 90% of trees in Stonebrook are Ash trees. He believes these trees may be dead in 10-15 years. Mayor Casper believes the water supply for trees also needs to be considered. Councilor Radford also stated a Policymakers Council call will be held November 9 which he believes will include discussion on the infrastructure bill, and the subdivision code is being reviewed. Councilor Francis stated, per the Library, the Library Board is in discussion regarding the county contract renewal, noting the current contract expires October 2022, and the Sister Cities display cases are in place. Councilor Francis stated the E911 work group is still working. Councilor Francis stated, per P&R, the Aquatic Center is currently closed for the dehumidification project, the zoo will continue to be open on weekends pending weather, the War Bonnet 6 November 8, 2021 Work Session Round Up received third place in the Justin Boot Footing, holiday lights are being placed on the trees, and there will be a holiday presentation on the falls. Councilor Francis stated the Hispanic Business Group recently held a gathering featuring Mayor Casper as a speaker. Councilor Freeman stated revenues have increased at all golf courses by approximately $500,000, noting discussion has occurred using these revenues to pay off the irrigation loan. He also stated Sand Creek is due for an irrigation system. Councilor Freeman stated the concrete has been poured in the E Street underpass, he is hopeful the underpass will be open soon. He expressed his gratitude to the Mayor and those Councilors who were recently re- elected to office. Discussion: Final Revisions to City Code, Title 2: Mayor Casper stated this revision has been ongoing for approximately two (2) years. She noted this item has been included on the November 10 City Council Meeting agenda although she indicated Mr. Fife has instead requested the item be included on the November 23 City Council Meeting agenda. Mr. Fife believes changes may have occurred within some committees, commissions and boards that may not be in sync with city requirements. He noted these committees, commissions and boards have similar features although they cannot be the same as State Code. Mr. Fife stated the proposed ordinance will discontinue the Youth Advisory Council (has not functioned for several years), the Traffic Safety Committee (this is an internal committee), the City Safety Committee (has not functioned for several years), and the Beautification Commission. He also stated unnecessary chapters will be eliminated to prevent confusion. He noted there are other minor changes to Sister Cities and the War Bonnet Round Up. Mr. Fife believes all committees, commissions and boards have weighed in. He stated he recently received language to further assist with language and clarification. Mr. Fife believes staff should be able to meet together without this being considered a public committee. Discussion followed regarding public involvement/requests, the Parking Committee (Director Alexander confirmed the Parking Committee was an internal committee), ad hoc staff committees, the Manual on Uniform Traffic Control Devices (MUTCD), a liaison to the school district, the number of Planning and Zoning Commission members (Mr. Fife indicated Director Cramer’s recommendation is for nine (9) members), and non-voting members for the Planning and Zoning Commission (Mr. Fife stated there are currently no non-voting members), ex-officio members, the Impact Fee Advisory Committee’s point of contact, and all public meetings being open to the public. Per Councilor Burtenshaw, Mr. Fife stated the entire P&R chapter is not included in this ordinance as the P&R-related committees and commissions were recently amended. He also stated this ordinance was meant to organize and manage the basics. Following additional discussion, Mr. Fife does not believe it’s appropriate for any staff member to be on a committee, commission, or board, and they cannot vote to set policy. He also believes there should be a mechanism to address committee members who do not attend/participate. It was then moved by Councilor Francis, seconded by Councilor Freeman, to move into Executive Session (at 6:30 p.m.). The Executive Session is being called pursuant to the provisions of Idaho Code Section 74-206(1)(a) to consider hiring a public officer, employee, staff member or individual agent (does not apply to filling a vacancy in an elective office or deliberations about staffing needs in general). At the conclusion of the Executive Session the Council will not reconvene into Council Work Session. Roll call as follows: Aye – Councilors Hally, Burtenshaw, Freeman, Francis, Radford. Nay – none. Motion carried. The City Council of the City of Idaho Falls met in Executive Session, Monday, November 8, 2021 in the City Annex Conference Room in the City Annex Building located at 680 Park Avenue in Idaho Falls, Idaho at 6:39 p.m. There were present: Mayor Rebecca L. Noah Casper Councilor Jim Francis 7 November 8, 2021 Work Session Councilor John Radford Councilor Jim Freeman Councilor Thomas Hally Councilor Lisa Burtenshaw Also present: Rick Cloutier, Airport Director Pamela Alexander, Municipal Services Director Randy Fife, City Attorney The Executive Session was called pursuant to the provisions of Idaho Code Section 74-206(1)(a) to consider hiring a public officer, employee, staff member or individual agent (does not apply to filling a vacancy in an elective office or deliberations about staffing needs in general). There being no further business, the meeting adjourned at 7:31 p.m. s/ Kathy Hampton s/ Rebecca L. Noah Casper Kathy Hampton, City Clerk Rebecca L. Noah Casper, Mayor 8

Agenda

Multi-departmental - EIRWWA EIRWWA Proposed Boundary 4 5 3 3 IBSD Boundary Area of Impact Subdistricts 1 - Shelley West 2 - Shelley East 3 - I-15/Ammon South 4 - Ammon West 5 - Ammon East Comp Plan 2021 Natural and Open Space Industrial 2 Suburban 1 General Urban F Mixed Use Centers and Corridors BonnevilleGIS, Esri Canada, Esri, HERE, Garmin, SafeGraph, METI/NASA, USGS, Urban CoreBureau of Land Management, EPA, NPS, USDA Special Use y Hw ie E Rir Ucon EIRWWA Proposed Boundary Osgood Payne y w H e 43 i ri R E 15 Beachs Corner Orvin y w o Me H da l o ne Iona f Ho no r s to Hw ll ow y Idaho Falls Ye Regional Airport N Lincoln W B ro a dway St Idaho Falls 4 15 5 Ammon 3 3 Sealander Park Cotton Woodville Sewer Line City Parcel Idaho Falls City Limit Mitchell IBSD Boundary Subdistricts 1 - Shelley West 2 Taylorville 2 - Shelley East 1 Shelley 3 - I-15/Ammon South F 15 Cox BonnevilleGIS, Esri Canada, Esri, HERE, Garmin, SafeGraph, METI/NASA, 4 USGS, Bureau of - Ammon WestLand Management, EPA, NPS, USDA, Maxar 5 - Ammon East y kw P v er Ri South Tourist EIRWWA Proposed Boundary e ak Sn Park S 45 th W W 33rd S S 35th W W 33 rd S W Sunnys i W Sunnys i de Rd Dr 91 i one er d P e rR Rive r st S Snake SK oe 15 y Hw ne to ws llo Fielding Ye S 15 t h W Memorial S Cemetery W 49th S W 49th S W 49 th S 15 Heyrend W a y 3 S 45th W S 35th W 91 15 Sewer Line Idaho Falls EIRWWA Subdistricts W 65t h S W 65th S y 1 - Shelley West Hw Snake Riv 2 - Shelley East S 15 t h W ne 3 - I-15/Ammon South to 4 - Ammon West ws llo 5 - Ammon East F er Ye City Parcels BonnevilleGIS, Esri Canada, Esri, HERE, Garmin, SafeGraph, INCREMENT P, METI/NASA, USGS, Idaho Falls City Limit S Bureau of Land Management, EPA, NPS, US Census Bureau, USDA, Maxar S 45 th R d W IBSD Boundary S 35th W Legal - City Code, Title 2 ORDINANCE NO. AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, AMENDING TITLE 2 TO GENERALLY STANDARDIZE CITY COMMISSIONS, COMMITTEES, AND BOARDS IN CHAPTERS 1 THROUGH 12; THE DISCONTINUING OF THE YOUTH ADVISORY COUNCILL, TRAFFIC SAFETY COMMITTEE, CITY SAFETY COMMITTEE, BEAUTIFICATION COMMISSION, AND ELIMINATING UNNECESSARY CHAPTERS; PROVIDING SEVERABILITY, CODIFICATION, PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE. WHEREAS, the City benefits greatly from input from City residents, City staff, and others who serve on City boards, commissions, and committees; and WHEREAS, the Council desires to continue utilizing the interests and efforts of such residents, staff members, and volunteers in order to gather information, insight, input, and to hear suggestions which enhances, promotes, encourages, and sustains City decisions, programs, and facilities; and WHEREAS, the format and content in City Code Title 2 committees, commissions, and boards has been amended at various times; and WHEREAS, a City Code Title 2 revision makes the purposes and organization of its committees, commissions, and boards more clear; and WHEREAS, the Council, after review, has determined that some committees, councils, and commissions (Youth Advisory Council, Traffic Safety Committee, City Safety Committee, and Beautification Commission) no longer have sufficient utility for their continuance, that their functions can be continued by other means, and, in order to promote good governance, they should be discontinued; and WHEREAS, the Council believes that this Ordinance improves City functions; clarifies the expectations committees, commissions, and boards; and more moves towards standardization of Title 2 and should be adopted. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF IDAHO FALLS, IDAHO, THAT: SECTION 1: Title 2, Chapter 1 of the City Code of the City of Idaho Falls, Idaho, is hereby rescinded in its entirety and immediately amended as follows: 2-1-1: ESTABLISHMENT: The Idaho Falls Library Board of Trustees (“Board”) is hereby established. The Mayor, with the consent of the Council, shall appoint a Board of five (5) Library trustees for the Library. ORDINANCE – TITLE 2 REVISION 9.27.21 Page 1 of 22 2-1-1: APPOINTMENT: The Mayor, with the consent of the City Council shall appoint a Library Board of five (5) library trustees for the Public Library. Members of the Board shall serve without salary but may receive their actual and necessary budgeted expenses while engaged in authorized business of the Library. 2-1-2: PURPOSE: In a non-partisan manner, the Library promotes the establishment and Formatte development of free library service for all City residents and assures an informed electorate by Not at 0. enabling the provision of free local library service, in the present and in the future, to children in their formative years and to adults for their continuing education, subject to such reasonable rules and regulations as the Board may find necessary to adopt. 2-1-2: QUALIFICATIONS: The Library Trustee shall be a citizen of the City. A member of the City Council shall not be one (1) of the five (5) appointed trustees of the Library Board, but each year the Council shall appoint one (1) of its members to be a liaison to the Board, without voting rights. 2-1-3: DUTIES: The Board of the Library shall have the following duties: A. To establish bylaws for its own governance; B. To establish policies and rules of use for the governance of the Library or libraries under its control; to exclude from the use of the Library any and all persons who violate such rules; C. To establish, locate, maintain and have custody of Libraries to serve the City, and to provide suitable rooms, structures, facilities, furniture, apparatus and appliances necessary for Library service; D. With the approval of the Council: 1. to acquire real property by purchase, gift, devise, lease or otherwise; 2. to own and hold real and personal property and to construct buildings for the use and purposes of the Library; 3. to sell, exchange or otherwise dispose of real or personal property when no longer required by the Library; and 4. to insure the real and personal property of the Library; E. To prepare and adopt a budget for review and approval by the Council; F. To control the expenditures of money budgeted for the Library; G. To accept or decline gifts of money or personal property, in accordance with Library policy, and under such terms as may be a condition of the gift; ORDINANCE – TITLE 2 REVISION 9.27.21 Page 2 of 22 H. To hire, supervise and evaluate the Library Director; I. To establish policies for the purchase and distribution of Library materials; J. To attend all meetings of the Board; K. To maintain legal records of all Board business; and L. To exercise such other powers, not inconsistent with law, necessary for the Formatte orderly and efficient management of the Library. Not at 0. 2-1-3: TERM: Library Trustees shall hold office for five (5) years. The term of the members shall run from May 1 through April 30. The term of not more than one (1) member shall expire in any one (1) calendar year. The Board shall report all vacancies to the Mayor within five (5) working days. All appointments to fill vacancies shall be made in the same manner as appointments are originally made. Appointments to complete unexpired terms shall be for the remainder of the term only. Any trustee may be removed by the City Council by the unanimous vote of all its members. 2-1-4: ORGANIZATION: Every Board trustee shall be a resident of the City. A member of the Council, the Mayor, or an appointed officer of the City shall not be one (1) of the five (5) appointed trustees of the Board, but each year, the Council shall appoint one (1) of its members to be a liaison to the Board, without voting rights. Appointment to the Board shall be made solely upon consideration of the ability of such appointees to serve the interests of the people, without regard to sex, age, race, nationality, religion, disability, political affiliation, sexual orientation, or gender identity/expression. 2-1-4: QUORUM: Three (3) Trustees of the Library Board shall constitute a quorum for the purpose of conducting business. All actions by the Board of Trustees shall require an affirmative vote of at least three (3) Trustees. 2-1-5: TERM OF OFFICE: A Board trustee shall hold office for five (5) years. The term of a trustee shall run from January 1 through December 31. The term of not more than one (1) Board member shall expire in any one (1) calendar year. Appointments to complete unexpired terms shall be for the remainder of the term only. 2-1-5: POWERS AND DUTIES OF TRUSTEES: The Board of Trustees of the City Library shall have the following powers and duties: (A) To establish bylaws for its own governance; (B) To establish policies and rules of use for the governance of the library or libraries under its control; to exclude from the use of the library any and all persons who violate such rules; (C) To establish, locate, maintain and have custody of libraries to serve the City, and to provide suitable rooms, structures, facilities, furniture, apparatus and appliances necessary for library service; ORDINANCE – TITLE 2 REVISION 9.27.21 Page 3 of 22 (D) With the approval of the City: (1) to acquire real property by purchase, gift, devise, lease or otherwise; (2) to own and hold real and personal property and to construct buildings for the use and purposes of the library; (3) to sell, exchange or otherwise dispose of real or personal property when no longer required by the library; and (4) to insure the real and personal property of the library; (E) To prepare and adopt a budget for review and approval by the City Council; (F) To control the expenditures of money budgeted for the library; (G) To accept or decline gifts of money or personal property, in accordance with library policy, and under such terms as may be a condition of the gift; (H) To hire, supervise and evaluate the library director; (I) To establish policies for the purchase and distribution of library materials; (J) To attend all meetings of the Board of Trustees; (K) To maintain legal records of all Board business; (L) To exercise such other powers, not inconsistent with law, necessary for the orderly and efficient management of the library. 2-1-6: REMOVAL: Any trustee may be removed by the Council by the unanimous vote of all its members. 2-1-6: EXCLUSIVE CONTROL OF LIBRARY FUNDS AND PROPERTY: The Board shall prepare and adopt an annual budget, stating anticipated revenues and expenditures, indicating what support and maintenance of the library will be required for review and approval by the City Council for the ensuing year. All funds for the library shall be in the custody of the City Treasurer and shall be used only for library purposes. The Board shall have control of library expenditures. Money shall be paid for library purposes, only upon properly authenticated vouchers of the Board of Trustees. The Board shall not make expenditures or incur indebtedness in any year in excess of the amount appropriated for library purposes. The Board may hold a separate checking account to be used to pay petty cash expenses of the library. This account shall be audited along with other library funds. ORDINANCE – TITLE 2 REVISION 9.27.21 Page 4 of 22 2-1-7: VACANCY: The Board shall report all vacancies to the Mayor within five (5) working days. All appointments to fill vacancies shall be made in the same manner as appointments are originally made. 2-1-7: REPORTS OF TRUSTEES: The Board of Trustees shall annually, not later than the first day of January, file with the State Library Board a report of the operation of the library for the fiscal year just ended. The report shall be of such form and contain such information as the State Library Board may require, but in all cases, must include a complete accounting of all financial transactions for the fiscal year being reported. The Board shall also report to the City Council and Mayor as requested or required. 2-1-8: ATTENDANCE: Three (3) trustees of the Board shall constitute a quorum for the purpose of conducting business. All actions by the Board shall require an affirmative vote of at least three (3) trustees. 2-1-8: LIBRARY TO BE FREE: The Library shall be free for the use of the inhabitants of the City, provided, however, nothing herein shall prohibit the charging of any fee for use by persons who do not reside within the City. Nothing herein shall prevent the execution of any contract with any school district, library district, county or other governmental unit whose service area or territory is located wholly or partially outside the City, for the purpose of providing library services to non-residents residing within such governmental units. Nothing herein shall prohibit the charging of any reasonable fee for: (i) interlibrary loan services or line service charges, or (ii) use of computer equipment, peripheral devices, software, audio-visual or video equipment, microfilm or microfiche devices; fax machines, photocopiers, printers, or other electronic equipment or devices not customarily used or associated with the use of printed media, or (iii) for the temporary use of any room or facility in the Library for group meetings or any other purpose other than for reading or general use of library services, equipment or facilities. 2-1-9: OPEN MEETINGS: All meetings of the Board shall be open to the public and shall follow the requirements of the Idaho Open Meeting law. 2-1-9 LIBRARY EMPLOYEES: Library employees shall be considered employees of the City and shall be subject to the Personnel Policy and other rules, regulations and ordinances adopted by the City Council. 2-1-10: MINUTES: The Board shall keep minutes of its proceedings, including the vote of each voting member on every presented issue. The meeting minutes and other records of the Board shall be open to the public. 2-1-11: NO COMPENSATION: Board members shall receive no compensation for their service on the Board, but may receive their actual and necessary budgeted expenses while engaged in authorized business of the Library. 2-1-12: EXCLUSIVE CONTROL OF LIBRARY FUNDS AND PROPERTY: The Board shall prepare and adopt an annual budget, stating anticipated revenues and expenditures, indicating what support and maintenance of the Library will be required for review and approval by the Council for the ensuing year. ORDINANCE – TITLE 2 REVISION 9.27.21 Page 5 of 22 All funds for the Library shall be in the custody of the City Treasurer and shall be used only for Library purposes. The Board shall have control of Library expenditures. Money shall be paid for Library purposes, only upon properly authenticated vouchers of the Board. The Board shall not make expenditures or incur indebtedness in any year in excess of the amount appropriated for Library purposes. The Board may hold a separate checking account to be used to pay petty cash expenses of the Library. This account shall be audited along with other Library funds. 2-1-13: REPORTS OF TRUSTEES: The Board shall annually, not later than the first day of January, file with the State Library Board, a report of the operation of the Library for the fiscal year just ended. The report shall be of such form and contain such information as the State Library Board may require, but in all cases, must include a complete accounting of all financial transactions for the fiscal year being reported. The Board shall also report to the Council and Mayor as requested or required. 2-1-14: LIBRARY TO BE FREE: The Library shall be free for the use of the inhabitants of the City; provided, however, nothing herein shall prohibit the charging of any fee for use by persons who do not reside within the City. Nothing herein shall prevent the execution of any contract with any school district, library district, county or other governmental unit whose service area or territory is located wholly or partially outside the City, for the purpose of providing Library services to non-residents residing within such governmental units. Nothing herein shall prohibit the charging of any reasonable fee for: (i) interlibrary loan services or line service charges, or (ii) use of computer equipment, peripheral devices, software, audio-visual or video equipment, microfilm or microfiche devices; fax machines, photocopiers, printers, or other electronic equipment or devices not customarily used or associated with the use of printed media, or (iii) for the temporary use of any room or facility in the Library for group meetings or any other purpose other than for reading or general use of Library services, equipment or facilities. 2-1-15: LIBRARY EMPLOYEES: With the recommendation of the Library Director, the Board shall budget to hire employees, as may be necessary for the operation of the Library in accordance with City policies and procedures. The Library Director shall hire or oversee the hiring of all Library employees (other than the Library Director) based on policies, procedures, and job descriptions of the City. Library employees shall be considered employees of the City and shall be subject to the Personnel Policy, classifications, and other rules, regulations and ordinances adopted by the Council. SECTION 2: Title 2, Chapter 2 of the City Code of the City of Idaho Falls, Idaho, is hereby rescinded in its entirety and immediately amended as follows: 2-2-1: ESTABLISHMENT: The Idaho Falls Planning and Zoning Commission (“Commission”) is hereby established. The Mayor, with the consent of the Council, shall appoint not less than six (6) nor more than nine (9) members to serve on the Commission. All members of the Commission shall reside within Bonneville County, provided no more than three (3) members may reside outside the boundaries of the City. All members shall have resided within Bonneville County for a period of two (2) consecutive years immediately preceding their appointment. No elected or appointed officer of the City shall serve as an official member of the Commission. Members shall be selected without respect to political affiliation. ORDINANCE – TITLE 2 REVISION 9.27.21 Page 6 of 22 2-2-2: PURPOSE: The Commission shall examine all proposals, applications, and petitions and shall make recommendations to the Council concerning the zoning of properties within the City and properties to be annexed thereto. The Commission shall recommend to the Council changes regarding the City's comprehensive plan. The Commission may suggest changes to the Zoning Code and shall study and make recommendations for the laying out, widening, extending, and locating of streets, roads, and highways in the City. The Commission shall study and make recommendations regarding future City development, and the growth and beautification of the City's streets, grounds, and lands. 2-2-3: DUTIES: The Commission shall have all powers and duties assigned to it by the Zoning Code. It shall act in an advisory capacity to the Board of Adjustment, when requested by that Board. All maps, plats, and re-plats of land which require the approval of the Council shall be submitted first to the Commission for its recommendation, as provided in this Code. The Commission also shall perform other duties required under Idaho state law or as directed by the Council. 2-2-4: ORGANIZATION AND MEETINGS: During the first meeting of each calendar year, the Commission shall elect, by majority, a person to act as Chair and Vice-Chair from its membership. The Chair and Vice-Chair shall serve until replaced or re-elected. The Chair shall preside at all meetings. If the Chair is absent or unable to act at any meeting, the Vice-Chair shall preside. One (1) regular meeting shall be held each month in no fewer than nine (9) months of each year. 2-2-5: TERM OF OFFICE: Members of the Commission shall serve terms of six (6) years. The term of each member shall expire on December 31 of the sixth year following their appointment, provided the terms of no more than two (2) members shall expire in any one (1) year. Commission members may be reappointed. 2-2-6: REMOVAL: A Commission member may be removed from the Commission by the Mayor and at the Commission Chair’s request, following two (2) meeting absences in a single year unexcused by the Chair or at any time by the majority vote of the Council. 2-2-7: VACANCY: The Mayor, with the consent of the Council, shall appoint a person that meets the qualifications of this Chapter to fill the unexpired term of any member of the Commission in the event of a vacancy. 2-2-8: ATTENDANCE: A majority of voting Commission members present at a meeting shall constitute a quorum for purposes of conducting the business of the Commission. Non-voting members present at meetings shall not be considered in determining the number required for a quorum or whether a quorum is present. 2-2-9: OPEN MEETINGS: All meetings of the Commission shall be open to the public and shall follow the requirements of the Idaho Open Meeting law 2-2-10: MINUTES: The Commission shall keep minutes of its proceedings, including the vote ORDINANCE – TITLE 2 REVISION 9.27.21 Page 7 of 22 of each member on every presented issue. The meeting minutes and other records of the Commission shall be open to the public. 2-2-11: NO COMPENSATION: Commission members shall receive no compensation for their service on the Commission; however, expenses for equipment and supplies necessary for the Commission to conduct its business shall be allowed by the Council. 2-2-12: INDEBTEDNESS: Nothing herein conveys or otherwise delegates authority to the Commission to incur any liability, obligation, or indebtedness on behalf of the City without the express, written authorization of the Council. SECTION 3: Title 2, Chapter 3 of the City Code of the City of Idaho Falls, Idaho, is hereby rescinded in its entirety and immediately amended as follows: 2-3-1: ESTABLISHMENT: The Idaho Falls Board of Adjustment (“Board”) is hereby established. The Mayor, with the consent of the Council, shall appoint seven (7) members to serve on the Board. Members of the Board shall be residents and electors of the City. The Mayor, members of the Council, and any appointed officer of the City shall not serve as a member of the Board. No fewer than one (1) member of the Board also shall be a member of the Planning and Zoning Commission. 2-3-2: PURPOSE: The purpose of the Board is to act as an independent fact-finding and decision-making body in order to uphold the principles of the Zoning Code and other City Codes; to act as an appellate body, when directed; and to provide insight and adjustment when the Code is applied to a specific parcel of land, where necessary, and within the law. 2-3-3: DUTIES: The Board shall have such duties and authority as set forth in the Zoning Code and this Code, and shall perform all other duties as required by State law or as directed by the Council. 2-3-4: ORGANIZATION: During the first meeting of each calendar year, the Board shall elect, by majority, a person to act as Chair and Vice-Chair from its membership. The Chair and Vice- Chair shall serve until replaced or re-elected. The Chair shall preside at all meetings. If the Chair is absent or unable to act at any meeting, the Vice-Chair shall preside. 2-3-5: TERM OF OFFICE: Members of the Board shall be appointed for a term of five (5) years. Terms shall expire on December 31 of the fifth year following their appointment. Not more than two (2) members' terms shall expire in any one (1) year. Committee members may be reappointed. 2-3-6: REMOVAL: A Board member may be removed from the Board by the Mayor and at the Chair’s request, following two (2) meeting absences in a single year unexcused by the Chair or at any time by the majority vote of the Council. 2-3-7: VACANCY: The Mayor, with consent of the Council, shall appoint a qualified person to fill the unexpired term of any member of the Board in the event of a vacancy. ORDINANCE – TITLE 2 REVISION 9.27.21 Page 8 of 22 2-3-8: ATTENDANCE: A majority of voting Board members present at a meeting shall constitute a quorum for purposes of conducting the business of the Board. Non-voting members present at meetings shall not be considered in determining the number required for a quorum or whether a quorum is present. 2-3-9: OPEN MEETINGS: All meetings of the Board shall be open to the public and shall follow the requirements of the Idaho Open Meeting law. 2-3-10: MINUTES: The Board shall keep minutes of its proceedings, including the vote of each member on every presented issue. The meeting minutes and other records of the Board shall be open to the public. 2-3-11: NO COMPENSATION: Board members shall receive no compensation for their service on the Board; however, expenses for equipment and supplies necessary for the Board to conduct its business shall be allowed by the Council. 2-3-12: INDEBTEDNESS: Nothing herein conveys or otherwise delegates authority to the Board to incur any liability, obligation, or indebtedness on behalf of the City without the express, written authorization of the Council. SECTION 4: Title 2, Chapter 4 (War Bonnet Roundup Advisory Committee) of the City Code of the City of Idaho Falls, Idaho, is hereby amended as follows: … 2-4-4: ORGANIZATION: During the first meeting of each calendar year, the Committee shall Formatte elect, by majority, a person to act as Chair and Vice-Chair from its membership. The Chair and Vice-Chair shall serve until replaced or re-elected. The Chair shall preside at all meetings. If the Chair is absent or unable to act at any meeting, the Vice-Chair shall preside. 2-4-4: ORGANIZATION: During the first meeting of each calendar year, the Committee shall elect, by majority vote of the Committee, a person to act as Chair and Vice-Chair from its membership. The Chair and Vice-Chair shall serve until replaced or re-elected. 2-4-5: TERM OF OFFICETERMS: Each Committee member shall be appointed to serve a term of three (3) years, except that the terms of the initial Board members may be less than three years as necessary to provide for staggered terms of office. Terms of no more than three (3) members shall expire in any calendar year. Committee members may be reappointed. … 2-4-10: MINUTES: The Committee shall keep minutes of its proceedings, including the vote Formatte of each member on every presented issue. The meeting minutes and other records of the Committee shall be open to the public. The Committee shall provide an annual report, as approved by the Director of Parks and Recreation, to the Council in within sixty (60) days of the conclusion of the annual WBRU, which report shall include activities and accomplishments, a financial report, and any recommendations for subsequent WBRUs. The Mayor or the Council may also require special reports, as deemed necessary. ORDINANCE – TITLE 2 REVISION 9.27.21 Page 9 of 22 … SECTION 5: Title 2, Chapter 5 (Parks and Recreation Commission) of the City Code of the City of Idaho Falls, Idaho, is hereby amended as follows: … 2-5-4: ORGANIZATION: During the first meeting of each calendar year, the Commission shall elect, by majority, a person to act as Chair and Vice-Chair from its membership. The Chair and Vice-Chair shall serve until replaced or re-elected. The Chair shall preside at all meetings. If the Chair is absent or unable to act at any meeting, the Vice-Chair shall preside. 2-5-4: ORGANIZATION: The Commission shall annually elect a Chair and other necessary Formatte officers from its membership, who shall serve until replaced or re-elected pursuant to this Subsection. … SECTION 6: Title 2, Chapter 6 (Golf Advisory Board) of the City Code of the City of Idaho Falls, Idaho, is hereby amended as follows: … 2-6-4: ORGANIZATION: During the first meeting of each calendar year, the Board shall elect, Formatte by majority, a person to act as Chair and Vice-Chair from its membership. The Chair and Vice- Chair shall serve until replaced or re-elected. The Chair shall preside at all meetings. If the Chair is absent or unable to act at any meeting, the Vice-Chair shall preside. 2-6-4: ORGANIZATION: During the last meeting of each calendar year, the Board shall elect, by a majority vote, persons from its membership to serve as Chair and other necessary officers, who shall serve until replaced or re-elected pursuant to this Chapter. … SECTION 7: Title 2, Chapter 7 of the City Code of the City of Idaho Falls, Idaho, is hereby rescinded in its entirety and immediately amended as follows: 2-7-1: ESTABLISHMENT: The Americans with Disabilities Act Advisory Board (“Board”) is hereby established. The Mayor, with consent of the Council, shall appoint five (5) members of the Board who shall be a City resident with a disability or with a demonstrated interest, competence, or knowledge of the needs and the concerns of the disability community. Board members shall serve without compensation. The Mayor may appoint, with the consent of the Council, additional persons with expertise and experience to be non-voting ex-officio members of the Board. 2-7-2: PURPOSE: The purpose of the ADA Advisory Board (“Board”) is to assist the City’s ADA Coordinator, the Mayor, and Council in identifying, evaluating, designating, prioritizing, and modifying accessibility within the City and to suggest improvements to City facilities, properties, and programs. 2-7-3: DUTIES: The Board shall have the following powers, duties, and responsibilities: A. Advise the City ADA coordinator regarding the identification, evaluation, ORDINANCE – TITLE 2 REVISION 9.27.21 Page 10 of 22 designation, priority, and modification of accessibility to City facilities, properties, and programs; and B. Assist the City ADA coordinator in conducting and maintaining an accessibility survey of all City facilities, properties, and programs; and C. Assist the City ADA coordinator in determining priorities for recommended modifications to City facilities, properties, and programs; and D. In coordination with the City’s ADA coordinator, promote and conduct educational programs for City staff regarding ADA accessibility 2-7-4: ORGANIZATION: During the first meeting of each calendar year, the Board shall elect, by majority, a person to act as Chair and Vice-Chair from its membership. The Chair and Vice- Chair shall serve until replaced or re-elected. The Chair shall preside at all meetings. If the Chair is absent or unable to act at any meeting, the Vice-Chair shall preside. 2-7-5: TERM OF OFFICE: A Board member shall be appointed to serve a term of three (3) years. Terms of no more than two (2) memberships shall expire in any calendar year. Members may be reappointed. 2-7-6: REMOVAL: A Commission member may be removed from the Commission by the Mayor and at the Chair’s request, following two (2) meeting absences unexcused by the Chair in any calendar year or at any time by the majority vote of the Council. 2-7-7: VACANCY: The Mayor, with the consent of the Council, shall appoint a qualified member to fill any unexpired term of a Board member in the event of a vacancy. 2-7-8: ATTENDANCE: A voting Board member may be removed by the Board following two (2) consecutive absences which are not excused by the Chair, or where the Board members absent for more than two (2) consecutive Board meetings in any calendar year. Following either of these occurrences, the Chair may request that the Mayor remove such Board member. 2-7-9: OPEN MEETINGS: The Board shall meet at least one (1) time annually and as often as deemed necessary by the City ADA Coordinator. All meetings of the Board shall be open to the public and shall follow the requirements of the Idaho Open Meetings Law. 2-7-10: MINUTES: The ADA Coordinator shall keep minutes of its proceedings, including the vote of each member on every presented issue. The meeting minutes and other records of the Commission shall be open to the public. 2-7-11: NO COMPENSATION: Commission members shall receive no compensation for their service on the Commission; however, expenses for equipment and supplies necessary for the Commission to conduct its business shall be allowed by the Council. 2-7-12: INDEBTEDNESS: Nothing herein shall convey or otherwise delegate authority to the Commission to incur any obligation or indebtedness of the City, without the express authorization ORDINANCE – TITLE 2 REVISION 9.27.21 Page 11 of 22 of the Council. SECTION 8: Title 2, Chapter 8 of the City Code of the City of Idaho Falls, Idaho, is hereby rescinded in its entirety and immediately amended as follows: 2-8-1: ESTABLISHMENT: The Sister Cities Advisory Committee (“Committee”) is hereby established. The Mayor, with the consent of the Council, shall appoint the Committee, which shall consist of seven (7) voting members and three (3) ex-officio non- voting members, as set forth in this Chapter. Committee members shall demonstrate interest in the Sister City’s purposes, duties, and goals, and shall serve without compensation. Voting members of the Committee shall consist of the current Mayor or the Mayor’s appointee to the Committee; one (1) member of the Sister Cities Adult Association recommended by its President; one (1) adult leader of the Sister Cities Youth Association; one (1) member recommended by Idaho School District 91 or by School District 93; one (1) member of a business located in the City; one (1) member of a local service club or cultural or arts organization; and one (1) member of the Idaho National Laboratory or one of its contractors or affiliates. All voting members shall be City residents and shall not be members of a Sister Cities Association, except for voting members from the Sister Cities Youth Association and Sister Cities Adult Association, who may be non-City residents and members of a Sister Cities Association. Non- voting ex-officio members of the Committee shall consist of one (1) senior high school student who is an active member of the Sister Cities Youth Association, as recommended by the Association; one (1) employee of an institution of higher education located within the City; and one (1) member of a service organization located within the City. 2-8-2: PURPOSE: Committee is established to improve, promote, and sustain cultural understanding and to facilitate personal and business ties, friendships, and fellowships between Tokai-mura, Japan, and the City by providing input and advice to City elected officials and staff. 2-8-3: DUTIES AND GOALS: A. DUTIES. Committee duties include expansion of the Idaho Falls community’s awareness of and participation in the cultural understandings made possible by the Sister Cities program; development of economic relationships and specific joint projects; cultivation of long-term personal relationships and friendships among people in both communities; development and presentation of a two-year budget for the Sister Cities program, which should be presented to and considered by the Council for annual appropriation of the Sister Cities program; and demonstration of the value to the taxpayers of Idaho Falls including economic benefits, as well as educational opportunities. When requested by the Mayor or the Council, the Committee shall report on the purposes, duties, and goals of the Committee. B. GOALS. Goals to verify the continuing value of the Sister Cities program to City taxpayers may be achieved by implementing the following elements of the Sister Cities program: enhancing outreach to the community through such institutions as the Idaho Falls Library, local schools, the arts, and cultural organizations; expanding exchange opportunities through such programs as City-to-City and City Departmental-level ORDINANCE – TITLE 2 REVISION 9.27.21 Page 12 of 22 exchanges; classroom-to-classroom or school-to-school exchanges; arts and cultural exchanges; expanding and promoting historical and cultural understandings of Japan for community travelers to Japan and for the City; in conjunction with the Idaho Falls Library and with the Museum of Idaho providing support for the Sister Cities Library exhibit; pursuing, where feasible, economic development opportunities and connections with Tokai-mura; and providing oversight of City monies budgeted for the Sister Cities program. 2-8-4: ORGANIZATION: During the first meeting of each calendar year, the Committee shall elect, by majority, a person to act as Chair and Vice-Chair from its membership. The Chair and Vice-Chair shall serve until replaced or re-elected. The Chair shall preside at all meetings. If the Chair is absent or unable to act at any meeting, the Vice-Chair shall preside. 2-8-5: TERM OF OFFICE: All voting members shall serve terms of three (3) years, except that the terms of the initial Committee members may be less than three (3) years as necessary to provide for staggered terms of office. The terms of no more than three (3) voting members shall expire at any calendar year. Terms of voting members shall expire December 31 of the third year of their appointment. All non-voting ex-officio members of the Committee shall serve the greater of two (2) years or as long as they continue to serve in the offices or capacities designated in this Chapter. The Mayor’s or Mayor’s appointee’s term shall coincide with the Mayor’s term of office. 2-8-6: REMOVAL: A voting Committee member may be removed from the Committee by the Mayor and at the Chair’s request, following either two (2) consecutive meeting absences unexcused by the Chair, or two (2) meeting absences in any calendar year, or at any time by the majority vote of the Council. 2-8-7: VACANCY: The Mayor, with the consent of the Council, shall appoint a qualified person to fill the unexpired term of any Committee member in the event of a vacancy or in the event any member ceases to be qualified. 2-8-8: ATTENDANCE: A majority of voting Committee members shall constitute a quorum for purposes of conducting the business of the Committee. Non-voting members present at meetings shall not be considered when determining the number required for a quorum or whether a quorum is present. 2-8-9: OPEN MEETINGS: All meetings of the Committee shall be open to the public and shall follow the requirements of the Idaho Open Meeting Law. 2-8-10: MINUTES: The Committee shall keep minutes of its proceedings, including the vote of each voting member on every presented issue. The meeting minutes and other records of the Committee shall be open to the public. 2-8-11: NO COMPENSATION: Committee members shall receive no compensation for their service on the Committee; however, expenses for equipment and supplies necessary for the Committee to conduct its business shall be allowed by the Council. ORDINANCE – TITLE 2 REVISION 9.27.21 Page 13 of 22 2-8-12: FUNDING AND DONATIONS: The Committee is authorized to seek outside funding and in-kind donations for Sister Cities projects, as may be approved by the Council and in accordance with City budget procedures. Expenditure of budgeted amount shall follow City budgeting and financial policies. SECTION 9: Title 2, Chapter 9 of the City Code of the City of Idaho Falls, Idaho, is hereby rescinded in its entirety and immediately amended as follows: 2-9-1: ESTABLISHMENT: The Idaho Falls Civic Center for the Performing Arts Advisory Committee (“Committee”) is hereby established. The Mayor, with the consent of the Council, shall appoint no less than three (3) nor more than five (5) City residents to serve on the Committee as voting members. The Committee shall also include, as non-voting ex officio members, at least one (1) member of the Council, one (1) member of the Municipal Services Department, and the current manager of the Idaho Falls Civic Center for the Performing Arts. 2-9-2: PURPOSE: The Committee shall study the function and operation of the Idaho Falls Civic Center for the Performing Arts and advise and assist the Director of the Municipal Services Department in the development of a long-term financial and facility plan to improve and sustain the viability of the Idaho Falls Civic Center for the Performing Arts. 2-9-3: DUTIES: The Committee shall seek funding, donations, and present recommendations, consistent with available City funds, to the Director of the Municipal Services Department, as necessary in connection with the ongoing maintenance and successful operation of the Idaho Falls Civic Center for the Performing Arts. The Committee shall also report its recommendations and activities from time to time to the Mayor and Council, at Council’s request. 2-9-4: ORGANIZATION: During the first meeting of each calendar year, the Committee shall elect, by majority, a person to act as Chair and Vice-Chair from its membership. The Chair and Vice-Chair shall serve until replaced or re-elected. The Chair shall preside at all meetings. If the Chair is absent or unable to act at any meeting, the Vice-Chair shall preside. 2-9-5: TERM OF OFFICE: Three (3) voting members of the Committee shall serve a term of two (2) years and two (2) voting members of the Committee shall serve one (1) year terms. Non- voting ex-officio members shall serve on the Committee as long as they serve in their ex-officio capacities, or until removed or replaced pursuant to the provisions of this Chapter. The terms of members shall expire on December 31 of the second year after their appointment. Committee members may be reappointed. 2-9-6: REMOVAL: A voting Committee member may be removed from the Committee by the Mayor and at the Chair’s request, following either two (2) consecutive meeting absences unexcused by the Chair, or two (2) meeting absences in any calendar year, or at any time by the majority vote of the Council. 2-9-7: VACANCY: The Mayor, with the consent of the Council, shall appoint a qualified person to fill the unexpired term of a Committee member in the event of a vacancy. ORDINANCE – TITLE 2 REVISION 9.27.21 Page 14 of 22 2-9-8: ATTENDANCE: A majority of voting Committee members present at a meeting shall constitute a quorum for purposes of conducting the business of the Committee. Non-voting members present at meetings shall not be considered in determining the number required for a quorum or whether a quorum is present. 2-9-9: OPEN MEETINGS: All meetings of the Committee shall be open to the public and shall follow the requirements of the Idaho Open Meeting law. 2-9-10: MINUTES: The Committee shall keep minutes of its proceedings, including the vote of each voting member on every presented issue. The meeting minutes and other records of the Committee shall be open to the public. 2-9-11: NO COMPENSATION: Committee members shall receive no compensation for their service on the Committee; however, expenses for equipment and supplies necessary for the Committee to conduct its business shall be allowed by the Council. 2-9-12: INDEBTEDNESS: Nothing herein conveys or otherwise delegates authority to the Committee to incur any liability, obligation, or indebtedness on behalf of the City without the express, written authorization of the Council. SECTION 10: Title 2, Chapter 10 of the City Code of the City of Idaho Falls, Idaho, is hereby rescinded in its entirety and immediately amended as follows: 2-10-1: ESTABLISHMENT OF A SHADE TREE COMMITTEE: The Shade Tree Advisory Committee (“Committee”) is hereby established. The Mayor, with the consent of the Council, shall appoint of seven (7) at-large members who reside within the City to serve on the Committee. One (1) employee from Idaho Falls Power Department and one (1) employee from the Community Development Services Department shall be designated by their respective Department Directors as non-voting, ex-officio Committee member. 2-10-2: PURPOSE: The Committee shall advise the Director of the Parks and Recreation Department on how to preserve, protect, and manage the community forest. 2-10-3: DUTIES: The Committee shall provide advice to the Director of Parks and Recreation and City Forester as to the preservation, protection, and management of the community forest. The Committee shall have the following duties and responsibilities: A. At the request of the City Forester, encourage to the City Forester ways for landscaping installation and maintenance on private property by providing information on the value of landscaping and the proper planting and care of trees and other vegetation; B. Recommend policies and procedures to identify, mark, publicize, and preserve historic and notable trees on both public and private property; C. Assist the City Forester in promoting appreciation of trees and the City Forest through annual Arbor Day observances and other activities; ORDINANCE – TITLE 2 REVISION 9.27.21 Page 15 of 22 D. At the direction of the City Forester, encourage improvement of the community forest through planning and policy development; E. At the direction of the City Forester, enhance opportunities for obtaining monetary funds for tree purchases, related supplies and community forestry activities through local and federal assistantship grants and donations. 2-10-4: ORGANIZATION: During the first meeting of each calendar year, the Committee shall elect, by majority, a person to act as Chair and Vice-Chair from its membership. The Chair and Vice-Chair shall serve until replaced or re-elected. The Chair shall preside at all meetings. If the Chair is absent or unable to act at any meeting, the Vice-Chair shall preside. 2-10-5: TERM OF OFFICE: All Committee members, except for at-large members, shall serve as long as they continue in the offices or capacities designated in this Chapter. Every at-large Committee member shall be appointed to serve a term of three (3) years. Terms of no more than three (3) members shall expire in any calendar year. Committee members may be reappointed. 2-10-6: REMOVAL: A voting Committee member may be removed from the Committee by the Mayor and at the Chair’s request, following either two (2) consecutive meeting absences unexcused by the Chair, or two (2) meeting absences in any calendar year, or at any time by the majority vote of the Council. 2-10-7: VACANCY: The Mayor, with the consent of the Council, shall appoint a person that meets the qualifications of this Chapter to fill the unexpired term of any member of the Committee in the event of a vacancy. 2-10-8: ATTENDANCE: A majority of Committee members present at a meeting shall constitute a quorum for purposes of conducting the business of the Committee. 2-10-9: OPEN MEETINGS: All meetings of the Committee shall be open to the public and shall follow the requirements of the Idaho Open Meeting law. 2-10-10: MINUTES: The Committee shall keep minutes of its proceedings, including the vote of each voting member on every presented issue. The meeting minutes and other records of the Committee shall be open to the public. 2-10-11: NO COMPENSATION: Committee members shall receive no compensation for their service on the Committee; however, expenses for equipment and supplies necessary for the Committee to conduct its business shall be allowed by the Council. 2-10-12: INDEBTEDNESS: Nothing herein conveys or otherwise delegates authority to the Committee to incur any liability, obligation, or indebtedness on behalf of the City without the express, written authorization of the Council. SECTION 11: Title 2, Chapter 11 of the City Code of the City of Idaho Falls, Idaho, is hereby rescinded in its entirety and immediately amended as follows: ORDINANCE – TITLE 2 REVISION 9.27.21 Page 16 of 22 2-11-1 ESTABLISHMENT: The Historic Preservation Commission (“Commission”) is hereby established. The Mayor, with the consent of the Council, shall appoint seven (7) City residents to the Commission. All members of the Commission shall have a demonstrated interest, competence, or knowledge in history or historic preservation. Four (4) members of the Commission shall have professional training, experience, or interest in the disciplines of architecture, history, architectural history, urban planning, archaeology, engineering, law, or other historic preservation related disciplines. 2-11-2: DEFINITIONS: The following words and phrases, when used in this Chapter, shall have, unless the context clearly indicates otherwise, the following meanings: COMMISSION: The Historic Preservation Commission of the City of Idaho Falls, as established under this Chapter. HISTORIC PRESERVATION: The research, documentation, protection, restoration and rehabilitation of historic property. HISTORIC PROPERTY: Any building, structure, object, district, area or site that is significant in the history, architecture, archaeology or culture of this community, the state, or the nation. 2-11-3 PURPOSE: The Commission shall assist the Director of the Community Development Services Department with promotion of educational, cultural, economic, and general welfare of the City residents through the identification, evaluation, designation, and protection of those buildings, sites, areas, structures, and objects which reflect the City’s, State’s and nation’s historic, architectural, archaeological, and cultural heritage. 2-11-4 DUTIES: The Commission shall have the following powers, duties, and responsibilities: A. Advise and consult with the Mayor and the Council the Director of the Community Development Services Department regarding the identification, evaluation, designation, and protection of historic buildings, site areas, and objects. B. Assist the Director of Community Service Department with conducting a survey of local historical properties; C. Recommend to the Director of the Community Development Services Department the acquisition of fee and lesser interests in historic properties, including adjacent or associated lands, by purchase, bequests, or donation; D. Recommend to the Director of the Community Development Services Department methods and procedures necessary to preserve, restore, maintain, and operate historic properties under the ownership or control of the City; E. Recommend to the Director of the Community Development Services Department the lease, sale, other transfer or disposition of historic properties subject to rights of public access and other covenants and in a manner that will preserve the property; ORDINANCE – TITLE 2 REVISION 9.27.21 Page 17 of 22 F. At the direction of the Director of Community Development Services Department, cooperate with federal, State, and local governments in promoting historic preservation; G. At the direction of the Director of Community Development Services Department, make recommendations in the planning processes undertaken by Bonneville County, the City, the State, or the federal government and agencies thereof; H. Recommend to the Director of the Community Development Services Department the adoption of ordinances that promote or regulate historic preservation within the City, in accordance with the powers set forth in Idaho Code Section 67-4612, as amended; I. At the direction of the Director of Community Development Services Department, promote and conduct educational and interpretive programs regarding historic preservation and historic properties in the City; J. Review nominations of properties to the National Register of Historic Places for properties within the City’s jurisdiction. 2-11-4: ORGANIZATION: During the first meeting of each calendar year, the Commission shall elect, by majority, a person to act as Chair and Vice-Chair from its membership. The Chair and Vice-Chair shall serve until replaced or re-elected. The Chair shall preside at all meetings. If the Chair is absent or unable to act at any meeting, the Vice-Chair shall preside. The Commission may, with the approval of the Council, employ or contract with other persons or entities for the services of technical or professional experts or other consulting services it deems necessary to carry on the functions of the Commission. 2-11-5: TERM OF OFFICE: Initial appointments to the Commission shall be made as follows: One (1) one-year term; three (3) two-year terms; three (3) three-year terms. All subsequent appointments shall be made for terms of three (3) years each. Terms shall expire on December 31 of the designated year from their appointment. Committee members may be reappointed. 2-11-6: REMOVAL: A Commission member may be removed from the Commission by the Mayor and at the Chair’s request, following two (2) meeting absences unexcused by the Chair in any calendar year or at any time by the majority vote of the Council. 2-11-7: VACANCY: The Mayor, with the consent of the Council, shall appoint a person that meets the qualifications of this Chapter to fill the unexpired term of any member of the Commission in the event of a vacancy. 2-11-8: ATTENDANCE: A majority of voting Committee members present at a meeting shall constitute a quorum for purposes of conducting the business of the Committee. Non-voting members present at meetings shall not be considered in determining the number required for a quorum or whether a quorum is present. 2-11-9: OPEN MEETINGS: All meetings of the Commission shall be open to the public and ORDINANCE – TITLE 2 REVISION 9.27.21 Page 18 of 22 shall follow the requirements of the Idaho Open Meeting law. 2-11-10: MINUTES: The Commission shall keep minutes of its proceedings, including the vote of each voting member on every presented issue. The meeting minutes and other records of the Commission shall be open to the public. 2-11-11: NO COMPENSATION: Commission members shall receive no compensation for their service on the Commission; however, expenses for equipment and supplies necessary for the Commission to conduct its business shall be allowed by the Council. 2-11-12: INDEBTEDNESS: Nothing herein shall convey or otherwise delegate authority to the Commission to incur any obligation or indebtedness of the City, without the express authorization of the Council. SECTION 12: Title 2, Chapter 12 of the City Code of the City of Idaho Falls, Idaho, is hereby rescinded in its entirety and immediately amended as follows: 2-12-1: ESTABLISHMENT: The Development Impact Fee Advisory Committee (“Committee”) is hereby established. The Mayor, with the consent of the Council, shall appoint five (5) voting members to the Committee. The Committee shall include not less than two (2) members who are active in the business of development, building, or real estate. All members shall be residents of the City. No members shall be employees or officials of any governmental entity. Members shall be selected without regard to political affiliation, race, color, national origin, gender, family status, sex, handicap, sexual orientation, gender identity/expression or religion. Committee members shall serve without compensation. The Mayor may appoint, with the consent of the Council, additional persons with interest, expertise, and experience to be non-voting ex-officio members of the Committee. 2-12-2: PURPOSE: The purpose of the Committee is to advise and assist the Director of the Public Works Department, the Mayor, and the Council in matters related to the City’s proposed and adopted development impact fees, in compliance with Idaho Code provisions related thereto. 2-12-3: DUTIES: The Committee shall have the following powers, duties, and responsibilities: A. Assist the governmental entity in adopting land use assumptions; and B. Review the capital improvements plan, and proposed amendments, and file written comments; and C. Monitor and evaluate implementation of the capital improvements plan; and D. File periodic reports, at least annually, with respect to the capital improvements plan and report to the governmental entity any perceived inequities in implementing the plan or imposing the development impact fees. ORDINANCE – TITLE 2 REVISION 9.27.21 Page 19 of 22 E. All other activities required by Idaho Code related to development impact fees. 2-12-4: ORGANIZATION: During the first meeting of each calendar year, the Commission shall elect, by majority, a person to act as Chair and Vice-Chair from its membership. The Chair and Vice-Chair shall serve until replaced or re-elected. The Chair shall preside at all meetings. If the Chair is absent or unable to act at any meeting, the Vice-Chair shall preside. 2-12-5: TERMS: Each Committee member shall be appointed to serve a term of three (3) years, except that the terms of the initial Board members may be less than three years as necessary to provide for staggered terms of office. Terms of no more than three (3) members shall expire in any calendar year. Committee members may be reappointed. 2-12-6: REMOVAL: A voting Committee member may be removed from the Committee by the Mayor and at the Chair’s request, following either two (2) consecutive meeting absences unexcused by the Chair, or two (2) meeting absences in any calendar year, or at any time by the majority vote of the Council. 2-12-7: VACANCY: The Mayor, with the consent of the Council, shall appoint a qualified member to fill any unexpired term of a Committee member in the event of a vacancy. 2-12-8: ATTENDANCE: A majority of voting Committee members shall constitute a quorum for purposes of conducting the business of the Committee. Non-voting members present at meetings shall not be considered in determining the number required for a quorum or whether a quorum is present. 2-12-9: OPEN MEETINGS: The Committee shall meet as often as deemed necessary by the Director of the Public Works Department. All meetings of the Committee shall be open to the public and shall follow the requirements of the Idaho Open Meetings Law. The Director of the Public Works Department shall keep minutes and other appropriate records pursuant to the Idaho Code. 2-12-10: MINUTES: The Committee shall keep minutes of its proceedings, including the vote of each member on every presented issue. The meeting minutes and other records of the Committee shall be open to the public. The Committee shall provide an annual report, as approved by the Director of the Public Works Department, to the Council with respect to City capital improvement plans related to impact fees and any perceived inequities in implementing the plan or imposing development impact fees. 2-12-11: NO COMPENSATION: Commission members shall receive no compensation for their service on the Commission; however, expenses for equipment and supplies necessary for the Commission to conduct its business shall be allowed by the Council. 2-12-12: INDEBTEDNESS: Nothing herein shall convey or otherwise delegate authority to the Commission to incur any obligation or indebtedness of the City, without the express authorization of the Council. ORDINANCE – TITLE 2 REVISION 9.27.21 Page 20 of 22 SECTION 13: Title 2, Chapters 13, 14, and 15 of the City Code of the City of Idaho Falls, Idaho, are hereby rescinded in their entirety. SECTION 14. 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 15. 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 16. 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 17. 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 ________________, 2021. ATTEST: CITY OF IDAHO FALLS, IDAHO ___________________________________ ____________________________________ KATHY HAMPTON, CITY CLERK REBECCA L. NOAH CASPER, Ph.D., MAYOR (SEAL) STATE OF IDAHO ) ) ss: County of Bonneville ) ORDINANCE – TITLE 2 REVISION 9.27.21 Page 21 of 22 I, KATHY HAMPTON, CITY CLERK OF THE CITY OF IDAHO FALLS, IDAHO, DO HEREBY CERTIFY: That the above and foregoing is a full, true and correct copy of the Ordinance entitled, “AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, AMENDING TITLE 2 TO GENERALLY STANDARDIZE CITY COMMISSIONS, COMMITTEES, AND BOARDS IN CHAPTERS 1 THROUGH 12; THE DISCONTINUING OF THE YOUTH ADVISORY COUNCILL, TRAFFIC SAFETY COMMITTEE, CITY SAFETY COMMITTEE, BEAUTIFICATION COMMISSION, AND ELIMINATING UNNECESSARY CHAPTERS; PROVIDING SEVERABILITY, CODIFICATION, PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE.” ______________________________________ KATHY HAMPTON, CITY CLERK (SEAL) ORDINANCE – TITLE 2 REVISION 9.27.21 Page 22 of 22

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