City Council
Regular MeetingIdaho Falls, ID · December 13, 2021
Minutes
December 13, 2021 Work Session
The City Council of the City of Idaho Falls met in Council Work Session, Monday, December 13, 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 John Radford
Councilor Thomas Hally
Councilor Jim Freeman
Councilor Jim Francis
Councilor Lisa Burtenshaw
Also present:
Chris Pelkola Lee, Broker/Owner simpLEE HOME
Brad Cramer, Community Development Services Director
Chris Fredericksen, Public Works Director
Pamela Alexander, Municipal Services Director
Mark Hagedorn, Controller
Josh Roos, Treasurer
Michael Kirkham, Assistant City Attorney
Randy Fife, City Attorney
Kathy Hampton, City Clerk
Mayor Casper called the meeting to order at 3:04 p.m. with the following items:
Acceptance and/or Receipt of Minutes:
It was moved by Councilor Francis, seconded by Councilor Radford, that Council receive the recommendations from
the December 7, 2021 meeting of the Planning and Zoning (P&Z) Commission pursuant to the Local Land Use
Planning Act (LLUPA). The motion carried with the following vote: Aye – Councilors Burtenshaw, Hally, Dingman,
Radford, Freeman, Francis. Nay – none.
Calendars, Announcements, Reports, and 2022 Preparation:
Mayor Casper reminded Councilmembers of the upcoming Utah Associated Municipal Power Systems (UAMPS)
Annual Member Meeting.
December 16, City Council meeting
December 20, city employees holiday event
December 21, Airport Leadership Workshop
December 24, city offices closed for Christmas holiday
December 31, city offices closed for New Year’s Day holiday
January 10-11, Idaho Consumer-Owned Utilities Association's (ICUA) Legislative Conference
January 13, City Council Meeting
January 14, County/City Meeting
January 17, city offices closed for Martin Luther King Jr./Idaho Human Rights Day holiday
January 24, City Council Work Session
January 27, City Council Meeting
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December 13, 2021 Work Session
Mayor Casper distributed a schedule of available dates for presenting Connecting Us, Sustaining Progress (CUSP)
reports. Mayor Casper stated discussion has occurred regarding a town hall-type meeting. She indicated, per
feedback received, these town hall meetings may not be productive due to the meeting potentially becoming a
complaint session. She suggested taking a community conversation to another location within the community as a
form of outreach. Councilor Radford suggested any subject(s) be limited to a timeframe. Mayor Casper also stated,
per discussion with the City Attorney regarding agenda items, identifying next steps in a discussion may be
construed as an action item. She indicated she will be more specific regarding future agenda items.
Liaison Reports and Councilmember Concerns:
Council President Dingman confirmed the Airport Leadership Workshop will be located at the Idaho Falls Regional
Airport (IDA) Conference Room.
Councilor Burtenshaw had no items to report.
Councilor Francis stated Eric Anderson will be retiring from the Idaho Falls Police Department (IFPD), and all city
golf courses are officially closed although golf sales are currently occurring.
Councilor Freeman stated the Idaho Falls Power (IFP) Family Holiday Party will be held December 23. He also stated
there are new Geographic Information System (GIS) maps online for snow removal.
Councilor Radford recognized the engagement of the disc golf community noting the golf course at Freeman Park,
which is used by numerous individuals, is ranked the #1 course in the State and is ranked #25 as the most attractive
course in the nation. He also stated the city’s recent #1 ranking with AARP mentioned the city’s fiber network.
Councilor Hally had no items to report.
Update: Idaho Falls Local Housing Market:
Mayor Casper recognized Ms. Lee’s many accomplishments and leadership roles. She believes Ms. Lee brings the
professional ranking of realtors to this community. She noted Ms. Lee also presented a recent report at the Regional
Economic Development for Eastern Idaho (REDI) day-long conference. Ms. Lee presented the Housing Market and
Outlook 2021, noting affordable housing discussion is occurring nationwide. She believes affordable housing refers
to attainable housing. She reviewed the following:
Historically Low Inventory of Homes for Sales since January 2000 –
Ms. Lee stated there was a spike in inventory from 2007 through 2011 during the recession and foreclosure crisis
market which has been steadily dropping since that time. She also stated the U.S. population has grown by
approximately 32M people since 2007. Ms. Lee believes current pricing is demand driven. She also believes builders
did not build much during the recession, millennials are now entering the housing market, and baby boomers are
not downsizing.
Total Housing Starts from 1960 to 2020 and Forecast –
Ms. Lee stated, on average, there were 276,000 fewer homes built nationally per year for the previous ten (10)
years as compared to previous periods, and there is a 3.8M housing unit shortage. She indicated even though the
build pace has picked up, it would take a decade of building at a greater pace to meet demand.
In-migration: Where are they coming from? –
Ms. Lee stated since 2016 Idaho has been the fastest growing State in the nation as a percentage from the
population. The top three (3) in-migration states in 2019 were California, Washington, and Oregon which accounted
for almost 51%, California in-migration was 23% of this total. Ms. Lee noted Idaho is receiving only 20% of the
volume of California migrations that Texas is receiving.
Median Home Price in Boise Metro versus Seattle and San Francisco –
Ms. Lee stated Boise median price is roughly $80,000 above the Idaho Falls median price.
The Pain Point - So, What of Inventory?
Ms. Lee stated it’s important to note that not everyone will be a homeowner, the local homeowner rate is 63-67%.
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December 13, 2021 Work Session
Month’s Supply of Inventory –
Ms. Lee explained the buyer and seller market. She stated there is currently under one (1) month of inventory in
Idaho Falls.
2018 Idaho Falls Housing Inventory Study –
Ms. Lee stated there are three (3) age groups (30-39, 60-69, and 70+) known to have a higher tendency of forming
households, which continues to rise. She briefly reviewed estimated households stating there are +2,324
anticipated households by 2023. She also stated through 3Q 2021: 4,148 units are built or are underway.
Meteoric Rise in Median Sales Prices –
Ms. Lee reviewed prices from April 2020 to April 2021, stating there was a +38% increase from September 2020 to
September 2021. She noted many market buyers cannot currently afford to purchase a home. She also noted the
local median home, $397,500 for Bonneville County, is approximately 10% higher than national median prices. She
stated wages will likely have to rise to pay for a mortgage.
Where is Pricing Headed? –
Ms. Lee stated September gains were down for the first time since May 2020, which indicates prices are slowing
slightly. She noted the local market tends to lag the national market by 12-18 months.
Effect of Interest Rates –
Ms. Lee stated interest rates have been historically low for the last ten (10) years and particularly low in the last
three (3) years. She also stated the rates in the previous year were 2.5%, which are expected to rise to 4% in the
next year. She reviewed interest rates per price of home.
Ms. Lee stated most towns are built on the suburban model from the 1950’s of ‘The American Dream’, however,
the population is not growing as quickly. She questioned if that 1950 model of housing should be continued, noting
the city has been having this conversation for some time. Ms. Lee reviewed a community survey of walkability
preferences, noting these preferences did not change from pre-pandemic. Per Councilor Hally, Ms. Lee clarified this
is Idaho and national data. She believes different generations are looking for different products although there is
not the variety of product to fulfill the needs. She noted housing needs change over time, and the role of the city is
different than the open market. Per Councilor Freeman, Ms. Lee stated the number of homes being sold has not
decreased. Councilor Radford mentioned accessory dwelling units. He also shared comments regarding walkable
neighborhoods and boarding houses. He does not believe enough housing options are being looked at. Council
President Dingman believes the housing being referred to by Councilor Radford is developer driven. She also
believes there are a lot of out of state developers. Comments followed including the number of parking units, the
cycle of homeownership, high-density units, and condos. Mayor Casper stated the city has been addressing these
issues for several years. She also stated the city does not have the influence to dictate housing. Per Mayor Casper,
Ms. Lee clarified her data is from census data.
Imagine IF: Final Report:
Director Cramer stated the Imagine IF plan has been delayed and will tentatively be presented to Council in February
2022 instead of December 16 as was previously announced. He indicated the delay is due to impact fees. If the city
moves forward with these fees, they must be included as a capital facilities plan element in the Comprehensive
Plan. Director Cramer explained how impact fees can be included in the Methodology of the Imagine IF plan as an
appendix, however, any substantive change to a plan that’s been approved by the P&Z must be presented to the
P&Z for review and reconsideration. Director Cramer provided a brief review of Imagine IF recapping the public
outreach, the neighborhood meetings, and the advisory committee. He stated this document was compiled in-
house, and he highly commended the department staff for their work. Director Cramer also reviewed the process
of this report, stating it began with the history of Idaho Falls and the potential of change. He stated other
communities were looked at who are also dealing with a housing crisis, specifically Memphis, Tennessee. He
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December 13, 2021 Work Session
believes the growth pattern is important, although, it can be costly due to infrastructure versus the amount of land,
and it does not reflect a diverse population’s needs or a diverse market’s needs. He noted the population of Idaho
Falls has stayed at a fairly stable rate although the land has grown steadily. He stated three (3) different scenarios
were reviewed (steady population growth, slight accelerated population growth, and largest spike of growth) which
resulted in five (5) themes throughout the plan describing and identifying housing, transportation and connectively,
community health, economic development and growth, and community design. He noted the land consumption is
at a slower rate than the previous decades. Director Cramer stated describing land use has been switched to urban
transects in hopes of creating more diversity. He noted this is new to Idaho Falls although not new nationally. He
reiterated each theme is described which also includes an action plan identifying issues, objectives, time frame, and
cost. He noted it’s important to not do a one-size-fits-all approach to growth and development in neighborhood
areas, and these are not meant to be in-depth neighborhood plans. Director Cramer further explained the plan. He
stated State law requires that every plan address 17 elements, which has occurred in this plan. He believes there’s
an emphasis on in-fill development, which is good for many reasons. He also believes there’s an importance for a
bike and pedestrian network as a transportation option, not a recreation option. Director Cramer stated this
document is located on the city website, noting the only changes are regarding the impact fees. General comments
followed including public hearings, comments received for the Imagine IF plan, and meshing the Comprehensive
Plan with the strategic plan, the capital plans, CUSP information, and the Connecting Our Communities plan.
Review and Revision of the Statement of Annexation Principles:
Director Cramer stated this Statement of Annexation Principles document came about after the Area of Impact
(AOI) discussion with the county regarding annexations in the AOI and what the map should look like. Director
Cramer believes this has been a great policy document for the three (3) categories of annexation. He stated changes
to the document include Category A annexations, which currently does not reflect the required process for State
law regarding public hearings. Additional changes include Category C annexations, referring to road rights-of-way
(ROW). Director Cramer stated the current policy has been in place for several years for many reasons, however,
he indicated this has been creating new complications specifically regarding development on the fringe which may
create conflict between the developer, the city, and the county. He explained the red-line version - ‘for non-local
roadways, generally the city will annex a county ROW when annexation of property occurs on one side of the ROW’.
Director Fredericksen stated, per previous discussions with the public and the elected officials, there is preference
to see roadway improvements happen at the time of development. He indicated there is also an economic piece as
the county collects taxes from both sides of the road while only one side of the road is in the city. He believes it
would be more economically feasible if the city takes both sides when annexed. Mayor Casper questioned one side
of a road that may not be annexed for several years. Director Fredericksen described an example. He noted the city
does not have the ability to condemn property for expansion of the roadway. Per Councilor Freeman, Director
Fredericksen stated condemnation is the last resort. He prefers to work out issues with the county. Discussion
followed regarding the section of roadway on Holmes between Sunnyside and 49th South. Director Fredericksen
indicated a 3-lane roadway could be built although it would require acquisition of county property due to the
insufficient width. Per Mayor Casper, Director Cramer reviewed potential next steps. He believes discussion needs
to occur with the county regarding the Category C changes. Councilor Radford and Director Cramer believe the
county will be in favor of the Category C changes. Councilor Francis prefers to add a phrase in the Statement of
Annexation Principles explaining this reason. Director Fredericksen indicated, per recent change to the county
process, that county street improvements along arterial roads with new development will bring in said
improvements. He believes this makes the proposed changes more amenable for city interests and overall traffic
interests. Mayor Casper stated this item will be added to the county-city conversation on January 14. Brief
comments followed.
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December 13, 2021 Work Session
Elevated Tower Relocation Feasibility Report:
Mayor Casper reminded the Council that Water Division personnel met with the Library Board regarding relocating
the water tower, followed by a Library Board presentation to the Council (on November 22, 2021). Director
Fredericksen stated there has been a city working group looking at potential replacement properties for anticipated
impacts to the South Capital Park location for the water tower. He also stated there are increasing real estate costs
and many potential properties have since been acquired which became difficult for city staff to find replacement
properties meeting the Land and Water Conservation Fund (LWCF) criteria. This led to the evaluation of the library
parking lot as a potential siting location. Director Fredericksen reiterated Public Works staff asked to be placed on
the November 3 Library Board Meeting agenda with potential siting of the water tower in the parking lot. He
indicated the Library Board listened to, considered the proposal, and subsequently voted unanimously in support.
Director Fredericksen stated the south lot, closest to Park Avenue and bordering the southern property line, was
evaluated. The water tower could be constructed at this location with minimal impact to the current parking stalls,
and any re-design of the parking lot could potentially pick up additional parking stalls. Director Fredericksen stated
Public Works staff has continued to evaluate the feasibility of the library parking lot. He also stated staff is
coordinating with Murraysmith, the consulting firm, and has conducted surveys, needed utility locations, sub-
surface drilling, and have met to look at the viability of the site. Director Fredericksen indicated a lot of positive
comments have been received to move the tower to this location, and results of all evaluations have determined
that relocating the water tower from South Capital Park to the library south parking lot is a viable siting solution.
Therefore, staff has received an addendum from Murraysmith to update the professional services contract for
continued design work with a not-to-exceed amount of $102,040, which is less than some evaluations for
replacement properties for LCWF. The addendum anticipates final construction plans and specifications to be
completed in May 2022, this new location will also decrease water line installation by approximately $100,000, and
adverse impacts to traffic on Capital Avenue will be diminished. Director Fredericksen explained the requested
action items proposed for the December 16 City Council Meeting agenda. He expressed his appreciation to the
Library Board for their consideration, particularly Mary Lund and Robert Wright. He stated city staff worked very
diligently to find replacement property. He also expressed his appreciation to Parks and Recreation Director PJ
Holm, Mr. Hagedorn, Mr. Kirkham, Public Works staff, and other departments. Per Councilor Hally, Director
Fredericksen stated the capacity of the water tower would not be affected. Per Mayor Casper, Director Fredericksen
stated he is aware of the rock in the area. Per Councilor Freeman, Director Fredericksen confirmed a Conditional
Use Permit (CUP) will be required (by the Board of Adjustment). Per Mayor Casper, Director Fredericksen stated
discussion will occur with the Library Board for access issues with parking. He indicated additional parking will need
to be vetted as there are concerns with IFP and Capital Avenue. Per Councilor Francis, Director Fredericksen
confirmed the focus is on the southeast corner of the parking lot. Discussion followed regarding the railroad, the
potential pathway, and the history of Eagle Rock Street. Mr. Fife noted the city does not need permission from the
Library Board to move to this space as this is city property, although, this project cannot disrupt library functions.
He also explained the CUP. Mayor Casper confirmed this item will be included on the December 16 City Council
Meeting agenda. She hopes there is some sense of satisfaction with this relocation for those community members
who are passionate about this topic. She expressed her appreciation to the Public Works staff.
2021 Fiscal Year End Finance Data Q&A:
Mayor Casper noted a year end finance presentation has been delayed for several reasons. She briefly explained
the Fed’s New Dot Plot graph. Council President Dingman believes city-wide expenditures were far below
expectations, she was pleased to see the revenues. Per Councilor Francis, Director Alexander stated the Law
Enforcement Complex (LEC) facility is budgeted within the IFPD. Mr. Hagedorn stated the LEC payment occurred
October 1 which will be included in the year-end financial report. He also stated this is cash basis, although the
accounting will be converted to accrual basis. He indicated $1M was budgeted, however, the payment was
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December 13, 2021 Work Session
approximately $775,000 as this was interest only, and the difference will be carried forward. Per Councilor Radford,
Mr. Hagedorn stated there is debt service city-wide for the Wastewater Treatment Plant (WWTP), noting two (2)
payments were made. He also noted the WWTP repayment loan is approximately 2½ years ahead of schedule. He
indicated the same method for additional payments will be applied to the LEC, although, the LEC cannot be paid off
within ten (10) years. Mayor Casper questioned salaries and wages at 104%. Director Alexander stated the majority
of this occurred in public safety with overtime. Mr. Hagedorn stated some of this amount is due to wildland. He
noted overtime was higher than budgeted. He also noted some overtime was offset by the Coronavirus Aid, Relief,
and Economic Security (CARES) Act. Mr. Roos stated $2M has been received from the CARES funding and $5.3M has
been received from the American Rescue Plan Act (ARPA) funding. He also stated the $2M CARES funding has
already been spent through expenditures, and the $5.3M ARPA funding will be spent over the next 2-4 years.
Director Alexander commended Mr. Roos for his training in the CARES funding. Mr. Roos indicated another increase
in the General Fund will occur in January due to property taxes received. Brief discussion followed regarding the
CARES funding and the reporting mechanism, the City-wide Revenues Contributions (projects that did not get
completed, mainly due to timing), Miscellaneous Revenue (also due to timing of projects, Mr. Hagedorn noted
Miscellaneous Revenue contains all contingency funds), anticipated expenditures in the next several years,
allocation of funds for specific purposes, and salaries, wages, and benefits. Mr. Hagedorn noted the city does not
budget for retirements which could add up to significant payouts. Mayor Casper noted changes have been made to
assist with large payouts. Additional discussion followed regarding overtime and staffing issues (Mr. Hagedorn
believes overtime was lower than expected), position control, the Homeowners’ Exemption (Mr. Hagedorn stated
not enough information has been received at this time to present to Council), and property tax issues. Mr. Hagedorn
explained the General Fund Revenue, stating the excess is $1.2M. This money will be moved into a specific reserve
account for future capital replacement projects. He also explained cash versus budget.
Follow-up Discussion: Ordinance amending Title 4, Chapter 6:
Mayor Casper reminded the Council of the Private Patrol Person license appeal hearing at the November 22 City
Council Work Session, and an amended ordinance discussion at the December 6 City Council Work Session, stating
there was no decision at that time. She requested Council’s preference to move forward with the ordinance
amendment. Councilor President Dingman believes, per the December 6 discussion, there were at least three (3)
Councilmembers who were in favor of eliminating the license altogether. Councilor Francis stated he was reluctant
to go against the IFPD request to keep the license, however, per recent communication received from IFPD Capt.
Jeremy Galbreaith, Councilor Francis stated the IFPD would prefer an enhanced security licensing for specific events.
He believes it would be awkward to eliminate a license and then come back with a similar license a few months
later. Per Councilor Radford, Ms. Hampton stated there are approximately 40 Private Patrol licenses (this number
was corrected from the originally stated 15 licenses). Per Mayor Casper, Mr. Fife stated legislation should never be
an attempt to guarantee a person a license. He also stated the amended ordinance is based on three (3) requested
changes by the Council. He explained those changes. Council President Dingman prefers to include the amended
ordinance on the December 16 City Council Meeting agenda. She also prefers further clarification from the IFPD
regarding a security license. Discussion followed regarding the options for the proposed agenda item. Mr. Fife
clarified the changes to the most recent ordinance versus the ordinance that was included in the packet.
There being no further business, the meeting adjourned at 6:24 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
December 9, 2021
December 7, 2021, Planning Commission Action
Planning Commission took the following action during the December 7, 2021, meeting.
4. ANNX21-018: ANNEXATION/INITIAL ZONING. Annexation and Initial Zoning of
LC, Limited Commercial for 2.446 acres, SW1/4 of Section 16, Township 2 North,
Range 38 East. Located north of E 1st St, east of NW Bonneville Dr, south of Garfield St,
west of Easy St. On December 7, 2021, the Planning and Zoning Commission unanimously
voted to recommend approval of the annexation and initial zoning of LC to the Mayor and
City Council as presented.
5. PUD21-005: PLANNED UNIT DEVELOPMENT. Planned Unit Development for
Skyline Manor Townhomes Division 2. Located north of Pancheri Dr., east of S Skyline
Dr, south of Tulane St, west of S Saturn Ave. On December 7, 2021, the Planning and
Zoning Commission unanimously voted to recommend approval of the PUD as presented.
RECOMMENDED COUNCIL ACTION: To receive recommendation(s) from the Planning and Zoning
Commission pursuant to the Local Land Use Planning Act (LLUPA).
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Statement of Annexation Principles
In an effort to provide efficient and equitable tax and fee supported services, encourage orderly growth,
and thoughtfully and carefully expand the tax base of the City, the principles espoused in this document
are intended to provide guidance when considering annexation. These principles represent the general
practice of the City and do not bind City leaders from exercising annexation authority granted by Idaho
statutes. Typically, a departure from these principles would most commonly occur as a response to an
unusual circumstance or need.
General Principles
When considering land use and growth, the City of Idaho Falls will prefer annexation policies that:
• Encourage Core Development. When possible, the city prefers to support development closer to
the City’s core where infrastructure such as roads and utilities already exists. This will help to
avoid urban sprawl.
• Strengthen the Tax Base. The city recognizes the value of maintaining the efficient and cost‐
effective provision of both tax and fee‐supported services.
• Balance Property Rights with Growth. Individual property rights must be protected while at the
same time ensuring the City is able to continue to grow.
• Provide Public Services and Amenities that Enhance Quality of Life. The Community derives
value and strength from a robust Parks and Recreation system, a highly rated Fire Department,
excellent Police protection, a wonderful Library, well‐maintained streets and neighborhoods,
and a commitment to providing a high quality of life at an affordable tax rate.
• Support the Comprehensive Plan. The City’s Comprehensive Plan is carefully developed to
capture best practice planning principles coupled with careful implementation of public input.
The resultant document outlines principles and policies designed to guide growth in a healthy,
sustainable manner.
City‐Initiated Annexation
The City strongly believes there is value in being annexed. The City of Idaho Falls proudly offers
excellent tax and fee supported services and utilities. All residents, both City and County, benefit from
a strong Idaho Falls. Residents in the County close to the City’s core benefit from being close to City
limits and should bear an equal burden in the provision of those benefits. As was argued in a court case
in Baltimore in 1918, “Those who locate near the city limits are bound to know that the
time may come when the legislature will extend the limits and take them in. No principle of right or
justice or fairness places in their hands the power to stop the progress and development of the city,
especially in view of the fact that a large majority of them have located near the city for the purpose of
getting benefit of transacting business or securing employment…in the city” (emphasis added).
At times, the City may exercise its authority to annex prior to the request of the property owner. When
considering these city‐initiated annexations, the City will strive to:
• Focus on properties that receive a City‐operated utility. Many such properties agreed to
annexation at a future date as a condition of receiving the utility service. However, in cases
where the utility was connected prior to 2008, Idaho Code considers the connection to be
consent to annexation. Idaho Falls will consider utility connections just as valid as written
agreements in terms of consent to annexation.
• For properties that do not receive a City‐operated utility, focus on properties that are enclaved,
i.e. completely surrounded, by existing City limits and which clearly benefit from their proximity
to City limits and tax‐supported services that support and enhance surrounding City
neighborhoods.
• Except in response to unusual circumstances or needs, avoid initiating annexation for properties
contiguous merely by touching corners, which do not have primary structures, and do not have
immediate access to utilities.
• Educate property owners of these principles and annexation law to provide predictability and
avoid undue concern over potential annexation.
The following sections specify how the City intends to exercise annexation authority within the bounds
of the Idaho Code Section 50‐222 in conjunction with the principles outlined above:
Category A
The City of Idaho Falls exercises its legal annexation authority for all Category A annexations.
Procedures:
1. For annexation in which, “all private landowners have consented to annexation”:
• No public hearing will be required
• The application will be considered at a public hearing by the Planning and Zoning
Commission (P&Z) for its recommendation
• The application will then be considered at a public hearing by the Council for final
decision, passage of the annexation ordinance, and adoption of a reasoned statement
of relevant criteria and standards
2. For annexation of “any residential enclaved lands of less than one hundred (100) privately‐
owned parcels, irrespective of surface area, which are surrounded on all sides by land within a
city or which are bounded on all sides by lands within a city and by the boundary of the city’s
area of impact”:
• City staff will hold a neighborhood meeting prior to the advertisement of the proposed
annexation
• A public hearing will be held before the P&Z for its recommendation
• A public hearing will be held before the Council for final decision, passage of the annexation
ordinance, and adoption of a reasoned statement of relevant criteria and standards
Category B
The same procedure will apply for annexations which “contain less than one hundred (100) separate
private ownerships and platted lots of record and where not all such landowners have consented to
annexation,” as well as annexations where “the subject lands contain more than one hundred (100)
separate private ownerships and platted lots of record and where landowners owning more than fifty
percent (50) of the area of the subject private lands have consented to annexation prior to the
commencement of the annexation process.” These principles do not apply to lands subject to Idaho
Code 50‐222(5)(b)(v)(c) which exempts land of “five (5) acres or greater, actively devoted to agriculture,
as defined in section 63‐604(1), Idaho Code, regardless of whether it is surrounded or bounded on all
sides by lands within a city” from city‐initiated annexations.
Category B annexations will be considered when:
• The land is completely enclaved by City boundaries, but not subject to 50‐222(5)(b)(v)(c) as
noted above; OR
• The property has at least one (1) utility connection (regardless of an annexation agreement for
the property); OR
• The property has an annexation agreement (regardless of whether or not it receives a City
utility); OR
• The parcel is less than 5 acres and:
o Is contiguous by more than merely touching corners AND
o Includes a primary structure and a primary use that is not agricultural AND
o Has immediate access to a utility service
Procedures:
• City staff will prepare an annexation plan prior to advertising the annexation and send it to
property owners within the annexation boundaries
• Staff will hold a neighborhood meeting prior to advertisement of the proposed annexation
• A public hearing will be held by P&Z for its recommendation
• A public hearing will be held by the Council for the final decision, passage of the annexation
ordinance, and adoption of a reasoned statement of relevant criteria and standards
Category C
The City does not intend to exercise its annexation authority for category C annexations
Road Rights‐of‐way
For non-local roadways, Ggenerally the City will not annex a County right‐of‐way when annexation of
property occurs on one side of the right-of-way. until annexation has occurred on both sides of the
right‐of‐way. The City recognizes that there may be times when it is appropriate to wait to annex the
County right‐of‐way prior until to the City having has annexed property on both sides of the
right‐of‐way. In these cases City Public Works staff will work with County Public Works staff to
determine the appropriate limits for annexing right‐of‐way.
Fiscal Year Ending September 30, 2021
Financial Presentation
Monday, December 13, 2021
Market Review
o Effective March 2020, the Federal Open Market Committee dropped the federal funds rate in a target
range of 0.00 to 0.25 percent. It is expected that this range will be maintained until labor market conditions
have increased and inflation runs above its 2% goal “for some time”.
o FOMC officials are now evenly split (9 vs. 9) as to whether to raise the federal funds rate in 2022.
o Consumer Price Index (CPI) 12 month increase at 6.2%, largest 12 month increase since 1990.
Unemployment has dropped from 6.7% in November 2020 to 4.2% in November 2021.
Market Review (Continued)
Treasury yield is the return on investment, expressed as a percentage, on the U.S. government's debt obligations. Looked at
another way, the Treasury yield is the effective interest rate that the U.S. government pays to borrow money for different
lengths of time.
Date 1 Mo 3 Mo 6 Mo 1 Yr 2 Yr 3 Yr 5 Yr 10 Yr
Current 0.043 0.058 0.129 0.290 0.691 1.008 1.271 1.479
Year Ago 0.068 0.072 0.095 0.102 0.149 0.213 0.404 0.942
Difference (0.025) (0.014) 0.034 0.188 0.542 0.795 0.867 0.537
Cash Flow Report
CITY CASH
September October November December January February March April May June July August September
FY 19/20 $121,145,429 $115,042,314 $112,929,611 $109,282,685 $129,459,163 $129,593,601 $129,955,987 $131,130,447 $129,048,967 $131,672,494 $142,705,993 $139,328,914 $135,042,848
FY 20/21 $135,042,848 $131,864,238 $131,655,197 $123,088,817 $148,108,600 $148,752,605 $146,247,352 $145,938,460 $150,878,944 $143,528,965 $150,501,124 $146,904,680 $136,354,897
GENERAL FUND CASH
September October November December January February March April May June July August September
FY 19/20 $7,151,795 $5,440,795 $3,443,054 $407,127 $14,277,927 $12,565,339 $10,848,892 $9,871,716 $6,814,870 $5,862,364 $14,687,914 $9,936,414 $10,584,802
FY 20/21 $10,584,802 $9,199,392 $7,861,552 $4,343,483 $22,536,587 $20,009,020 $17,586,430 $13,369,627 $16,746,659 $15,940,814 $22,981,296 $19,762,264 $18,170,550
Fiscal Year Ending September 30, 2021- City-Wide Revenue
Revenue 2020/21 Budget Actual Percentage
(September 30) Received
Taxes and Franchise Fees $ 39,348,709 $40,078,585 102%
Intergovernmental Revenue 37,415,762 49,917,239 133
Government Charges for Services 9,047,332 11,719,905 130
Enterprise Charges for Services 87,877,043 92,455,166 105
Permits and Fees 1,425,550 1,641,190 115
Interest Revenue 2,510,000 1,159,072 46
Contributions 1,967,700 343,247 17
Miscellaneous Revenue 21,513,329 3,310,481 15
Other Financing Sources 14,889,496 7,573,231 51
Total Revenues $ 215,994,921 $208,198,116 96%
Fiscal Year Ending September 30, 2021 – City-Wide Actual Expenditures
Expenditure 2020/21 Budget Actual Percentage
(September 30) Expended
Salaries and Wages $51,093,836 51,100,515 100
Benefits 23,474,953 21,973,709 94
Operating Expenses 79,598,578 71,245,456 90
Capital Outlay 85,031,500 62,368,860 73
MERF Depreciation 3,837,800 3,805,800 99
Debt Service Payments 1,100,000 2,275,222 (207)
Miscellaneous Expense 50,138,719 6,406,328 13
Transfers (11,952,153) (15,328,772) (128)
Total Expenditures $ 282,323,233 $203,847,118 72%
Fiscal Year Ending September 30, 2021 – General Fund Revenue
Revenue 2020/21 Budget Actual Percentage
(September 30) Received
Taxes and Franchises $ 30,634,885 $31,243,980 102%
Intergovernmental Revenue 15,359,688 22,682,871 148
Government Charges for Services 2,206,600 2,545,811 116
Licenses & Permits 1,405,550 1,617,740 115
Interest Revenue 150,000 144,204 97
Contributions 137,000 113,462 83
Miscellaneous 957,500 426,248 45
Other Financing Sources (Transfers) (1,563,426) (1,704,426) 109
Total Revenues $ 49,287,797 $57,069,890 116%
Fiscal Year Ending September 30, 2021 – General Fund Expenditures
Expenditure 2020/21 Budget Actual Percentage
(September 30) Expended
Salaries and Wages $ 28,455,648 29,433,058 104%
Benefits 13,754,829 12,881,421 94
Operating Expenses 15,687,459 14,007,741 90
Capital Outlay 1,572,500 1,729,758 110
MERF Depreciation 1,330,300 1,330,300 --
Miscellaneous Expense 1,183,499 849,376 72
Transfers (11,662,153) (11,528,302) 99
Total Expenditures $ 50,322,082 $48,703,353 97%
Fiscal Year Ending September 30, 2021 – Highlights
• Economic outlook over the first part of 2022 will be instrumental in the City’s investment
portfolio for next fiscal year
• Salaries, wages and benefits continue to experience pressure with both city-wide and
general fund expenditures
• The City received an increase in grant revenues through CARES where expenditures
occurred last fiscal year with the reimbursement this fiscal year
• American Rescue Plan Act - $10.5M total allocation for the city
$5.3M received in May 2021
$5.2M to be received in May 2022
Questions
Follow-up Discussion: Ordinance
Amendment
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL
CORPORATION OF THE STATE OF IDAHO; AMENDING TITLE 4, CHAPTER
6 TO CLARIFY CONDITIONS FOR ISSUANCE OF A PRIVATE PATROL
SERVICES LICENSE; PROVIDING SEVERABILITY, CODIFICATION,
PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE.
WHEREAS, the City currently licenses companies and individuals who provide private patrol
services within City limits; and
WHEREAS, conditions and disqualifications for licensing are set out in Title 4, Chapter 6; and
WHEREAS, recently the Council has reviewed the current conditions and qualifications and has
determined that there are clarifications and improvements that should be made; and
WHEREAS, the Council has determined that a licensee should be at least eighteen (18) years of
age due to the maturity and reasonable decision making required to carry out the activities
permitted by the private patrol license, and because the minimum age requirement promotes the
health, safety, and welfare of the general public; and
WHEREAS, the Ordinance sets out City private patrol services license conditions in a thorough
and clear manner so that applicants, licensees, and members of the public understand them.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
CITY OF IDAHO FALLS, IDAHO, THAT:
SECTION 1: Title 4, Chapter 6 of the City Code of the City of Idaho Falls, Idaho, is hereby
amended as follows:
…
4-6-5: QUALIFICATIONS, PRIVATE PATROL PERSON: No person shall be issued a
license as a private Patrol Person who:
(A) Is not at least twenty-one (21)eighteen (18) years of age.
(B) Is not a citizen of the United States. Where the applicant or licensee has:
1. Been found guilty of, plead guilty to, received a withheld judgment, or admitted to
the elements of any of the following enumerated crimes, or admitted that sufficient
evidence exists which could be likely to convince a judge or jury to find the applicant or
licensee to be guilty beyond a reasonable doubt, or any substantially similar provision of
foreign criminal violation, notwithstanding the form of judgment(s):
ORDINANCE – TITLE 4 CHAPTER 6 PRIVATE PATROL 12.7.21 Page 1 of 12
a. Attempt, Section 18-306, Idaho Code, conspiracy, Section 18-1701, Idaho Code,
or accessory after the fact, Section 18-205, Idaho Code, to commit any of the crimes
designated in this subsection.
b. Aggravated, first degree, second degree and third-degree arson, Sections 18-801
through 18-805, Idaho Code.
c. Felony injury of a child, Section 18-1501, Idaho Code.
d. Abuse, neglect or exploitation of a vulnerable adult, Section 18-1505, Idaho
Code.
e. The sexual abuse of a child under sixteen years of age, Section 18-1506, Idaho
Code.
f. The ritualized abuse of a child under eighteen years of age, Section 18-1506A,
Idaho Code.
g. The sexual exploitation of a child, Section 18-1507 or 18-1507A, Idaho Code.
h. Lewd conduct with a child under the age of sixteen years, Section 18-1508, Idaho
Code.
i. Enticing of children, Section 18-1509 or 18-1509A, Idaho Code.
j. The sale or barter of a child for adoption or other purposes, Section 18-1511,
Idaho Code.
k. Murder in any degree, Section 18-4001 or 18-4003, Idaho Code.
l. Voluntary manslaughter, Section 18-4006, Idaho Code.
m. Poisoning, Section 18-4014 or 18-5501, Idaho Code.
n. Assault with intent to murder, Section 18-4015, Idaho Code.
o. Kidnapping, Sections 18-4501 through 18-4503, Idaho Code.
p. Mayhem, Section 18-5001, Idaho Code.
q. Inducing individuals under eighteen years of age into prostitution, Section 18-
5609, Idaho Code.
r. Inducing a person under eighteen years of age to patronize a prostitute, Section
18-5611, Idaho Code.
s. Rape, Section 18-6101 or 18-6108, Idaho Code.
t. Robbery, Section 18-6501, Idaho Code.
ORDINANCE – TITLE 4 CHAPTER 6 PRIVATE PATROL 12.7.21 Page 2 of 12
u. Incest, Section 18-6602, Idaho Code.
v. Crimes against nature (excepting consensual sexual activites), Section 18-6605,
Idaho Code.
w. Forcible sexual penetration by use of foreign object, Section 18-6608, Idaho
Code.
x. Video voyeurism, Section 18-6609, Idaho Code.
y. Stalking in the first degree, Section 18-7905, Idaho Code.
z. Any felony punishable by death or life imprisonment.
2. Been classified as a voluntary patient or involuntary patient pursuant to Chapter 3,
Title 66, Idaho Code, or similar provision in another jurisdiction, unless:
a. Such person has been released from, and is no longer under, any form of
treatment in relation to such classification, and
b. Such person has been examined by at least one (1) professional licensed to
evaluate mental health and such professional certifies that the person is no longer
mentally ill and presents no threat or danger to any child. Such examination shall not
be at City expense.
(C) Has been convicted of a felony or of any crime or offense involving violence or moral
turpitude, or of any offense concerning the sale or transportation of intoxicating or alcoholic
liquor.Where the applicant or licensee has:
1. Been found guilty of, plead guilty to, or received a withheld judgment, or admitted
to the elements of any of the following enumerated crimes, or any substantially similar
provision of foreign criminal violation, notwithstanding the form of judgment(s) for any
offense involving neglect or any physical injury to, or other abuse of a child, or any of
the following offenses or a similar provision in another jurisdiction, for a period of five
(5) years immediately preceding the date of application for license or renewal:
a. Any crime of physical violence against persons, other than those listed in Section
A.1. hereinabove.
b. Any felony as defined by Idaho Code, Sections 18-111 and 18-111A, other than
those listed in Subsection A.1. hereinabove.
c. Attempt, Section 18-306, Idaho Code, conspiracy, Section 18-1701, Idaho Code,
or accessory after the fact, Section 18-205, Idaho Code, to commit any of the crimes
designated in this subsection.
d. Arson, as defined in Sections 18-801 through 18-804, Idaho Code.
ORDINANCE – TITLE 4 CHAPTER 6 PRIVATE PATROL 12.7.21 Page 3 of 12
e. Aggravated assault, Section 18-905, Idaho Code.
f. Aggravated battery, Section 18-907(1), Idaho Code.
g. Felony domestic violence, Section 18-918, Idaho Code.
h. Attempted strangulation, Section 18-923, Idaho Code.
i. Burglary, Section 18-1401, Idaho Code.
j. Misdemeanor injury to a child, Section 18-1501(2), Idaho Code.
k. Transporting a minor in a motor vehicle while under the influence, Section 18-
1501(3), Idaho Code.
l. Disseminating obscene material to minors, as defined in Sections 18-1513
through 18-1515, Idaho Code.
m. Misdemeanor theft, as defined in Title 18, Chapter 24 of the Idaho Code.
n. Felony theft, Sections 18-2403 and 18-2407(1), Idaho Code.
o. Grand theft, Section 18-2407(1), Idaho Code.
p. Forgery of a financial transaction card, Section 18-3123, Idaho Code.
q. Fraudulent use of a financial transaction card or number, Section 18-3124, Idaho
Code.
r. Misappropriation of personal identifying information, Section 18-3126, Idaho
Code.
s. Forgery or counterfeiting, Chapter 36, Title 18, Idaho Code.
t. Driving without privileges, Section 18-8001, Idaho Code.
u. Driving under the influence of alcohol, drugs, or other intoxicating substances,
Section 18-8004, Idaho Code.
v. Persons under twenty-one (21) years of age with at least point zero two (0.02)
but less than point zero eight (0.08) alcohol concentration, Section 18-8004A, Idaho
Code.
w. Driving under the influence with excessive alcohol concentration, Section 18-
8004C, Idaho Code.
ORDINANCE – TITLE 4 CHAPTER 6 PRIVATE PATROL 12.7.21 Page 4 of 12
x. Any person who pleads guilty to or is found guilty of a violation of the
misdemeanor driving under the influence of alcohol, drugs, or other intoxicating
substances provisions of Section 18-8004(1)(a), Section 18-8005, Idaho Code.
y. Aggravated driving while under the influence of alcohol, drugs, or any other
intoxicating substances, Section 18-8006, Idaho Code.
z. Leaving scene of accident resulting in injury or death, Section 18-8007, Idaho
Code.
aa. Any person who is eighteen (18) years of age or older who sells, gives, or
furnishes, or causes to be sold, given, or furnished, alcoholic beverages, including
any distilled spirits, beer or wine, to a person under the age of twenty-one (21) years,
Section 23-603, Idaho Code.
bb. Any violation (felony or misdemeanor) of the Uniform Controlled Substances
Act, Chapter 27, Title 37, Idaho Code.
cc. Insurance fraud, Section 41-293, Idaho Code.
dd. Damage to or destruction of insured property, Section 41-294, Idaho Code.
ee. Reckless driving, Section 49-1401(1), Idaho Code.
ff. Public assistance fraud, Section 56-227, Idaho Code.
gg. Provider fraud, Section 56-227A, Idaho Code.
(D) Has supplied false or misleading information, failed or refused to provide or to disclose
information required on the application form or by this Chapter, failed to disclose a suspension
or revocation of a driver’s license, or refused to authorize the investigation required herein.
No such applicant or licensee shall be able to apply to receive a license under this Chapter for
a period of less than six (6) months following the date of the denial or revocation of the license
under this Subsection or for a period of six (6) months following the date that the Clerk became
aware of disqualifying information, whichever is later in time.
(E) Has violated any of the provisions of this Chapter during licensure. Violation of any
provision of this Chapter during licensure, shall result in immediate and automatic revocation
of the license. Such revocation of the license shall be effective as of the date of such violation.
No such person shall be qualified to apply to receive a license under this Chapter for a period
of less than six (6) months following the date of the revocation of the license under this
Subsection or for a period of six (6) months following the date the Clerk became aware of
such information, whichever is later in time, unless otherwise provided in this Chapter.
(F) Where an applicant or licensee does not meet the conditions of licensure in this Chapter.
…
ORDINANCE – TITLE 4 CHAPTER 6 PRIVATE PATROL 12.7.21 Page 5 of 12
4-6-7: QUALIFICATIONS, PRIVATE PATROL SERVICE: A private patrol service license
shall not be issued to any individual, firm, partnership or corporation under any of the following
conditions:
(A) If the individual, any member of the firm or partnership, or any officer of the corporation
is less than twenty-one (21)eighteen (18) years of age.
(B) If the individual, any member of the firm or partnership or any officer of
the corporation is not citizen of the United States.Where the applicant or licensee has:
1. Been found guilty of, plead guilty to, received a withheld judgment, or admitted to
the elements of any of the following enumerated crimes, or admitted that sufficient
evidence exists which could be likely to convince a judge or jury to find the applicant or
licensee to be guilty beyond a reasonable doubt, or any substantially similar provision of
foreign criminal violation, notwithstanding the form of judgment(s):
a. Attempt, Section 18-306, Idaho Code, conspiracy, Section 18-1701, Idaho Code,
or accessory after the fact, Section 18-205, Idaho Code, to commit any of the crimes
designated in this subsection.
b. Aggravated, first degree, second degree and third-degree arson, Sections 18-801
through 18-805, Idaho Code.
c. Felony injury of a child, Section 18-1501, Idaho Code.
d. Abuse, neglect or exploitation of a vulnerable adult, Section 18-1505, Idaho
Code.
e. The sexual abuse of a child under sixteen years of age, Section 18-1506, Idaho
Code.
f. The ritualized abuse of a child under eighteen years of age, Section 18-1506A,
Idaho Code.
g. The sexual exploitation of a child, Section 18-1507 or 18-1507A, Idaho Code.
h. Lewd conduct with a child under the age of sixteen years, Section 18-1508, Idaho
Code.
i. Enticing of children, Section 18-1509 or 18-1509A, Idaho Code.
j. The sale or barter of a child for adoption or other purposes, Section 18-1511,
Idaho Code.
k. Murder in any degree, Section 18-4001 or 18-4003, Idaho Code.
l. Voluntary manslaughter, Section 18-4006, Idaho Code.
ORDINANCE – TITLE 4 CHAPTER 6 PRIVATE PATROL 12.7.21 Page 6 of 12
m. Poisoning, Section 18-4014 or 18-5501, Idaho Code.
n. Assault with intent to murder, Section 18-4015, Idaho Code.
o. Kidnapping, Sections 18-4501 through 18-4503, Idaho Code.
p. Mayhem, Section 18-5001, Idaho Code.
q. Inducing individuals under eighteen years of age into prostitution, Section 18-
5609, Idaho Code.
r. Inducing a person under eighteen years of age to patronize a prostitute, Section
18-5611, Idaho Code.
s. Rape, Section 18-6101 or 18-6108, Idaho Code.
t. Robbery, Section 18-6501, Idaho Code.
u. Incest, Section 18-6602, Idaho Code.
v. Crimes against nature (excepting consensual sexual activites), Section 18-6605,
Idaho Code.
w. Forcible sexual penetration by use of foreign object, Section 18-6608, Idaho
Code.
x. Video voyeurism, Section 18-6609, Idaho Code.
y. Stalking in the first degree, Section 18-7905, Idaho Code.
z. Any felony punishable by death or life imprisonment.
2. Been classified as a voluntary patient or involuntary patient pursuant to Chapter 3,
Title 66, Idaho Code, or similar provision in another jurisdiction, unless:
a. Such person has been released from, and is no longer under, any form of
treatment in relation to such classification, and
b. Such person has been examined by at least one (1) professional licensed to
evaluate mental health and such professional certifies that the person is no longer
mentally ill and presents no threat or danger to any child. Such examination shall not
be at City expense.
(C) If the individual, any member of the firm or partnership or any officer of the corporation
has been convicted of a felony or of any crime or offense involving violence or moral turpitude,
or of any offense concerning the sale or transportation of intoxicating or alcoholic
liquor.Where the applicant or licensee has:
ORDINANCE – TITLE 4 CHAPTER 6 PRIVATE PATROL 12.7.21 Page 7 of 12
1. Been found guilty of, plead guilty to, or received a withheld judgment, or admitted
to the elements of any of the following enumerated crimes, or any substantially similar
provision of foreign criminal violation, notwithstanding the form of judgment(s) for any
offense involving neglect or any physical injury to, or other abuse of a child, or any of
the following offenses or a similar provision in another jurisdiction, for a period of five
(5) years immediately preceding the date of application for license or renewal:
a. Any crime of physical violence against persons, other than those listed in Section
A.1. hereinabove.
b. Any felony as defined by Idaho Code, Sections 18-111 and 18-111A, other than
those listed in Subsection A.1. hereinabove.
c. Attempt, Section 18-306, Idaho Code, conspiracy, Section 18-1701, Idaho Code,
or accessory after the fact, Section 18-205, Idaho Code, to commit any of the crimes
designated in this subsection.
d. Arson, as defined in Sections 18-801 through 18-804, Idaho Code.
e. Aggravated assault, Section 18-905, Idaho Code.
f. Aggravated battery, Section 18-907(1), Idaho Code.
g. Felony domestic violence, Section 18-918, Idaho Code.
h. Attempted strangulation, Section 18-923, Idaho Code.
i. Burglary, Section 18-1401, Idaho Code.
j. Misdemeanor injury to a child, Section 18-1501(2), Idaho Code.
k. Transporting a minor in a motor vehicle while under the influence, Section 18-
1501(3), Idaho Code.
l. Disseminating obscene material to minors, as defined in Sections 18-1513
through 18-1515, Idaho Code.
m. Misdemeanor theft, as defined in Title 18, Chapter 24 of the Idaho Code.
n. Felony theft, Sections 18-2403 and 18-2407(1), Idaho Code.
o. Grand theft, Section 18-2407(1), Idaho Code.
p. Forgery of a financial transaction card, Section 18-3123, Idaho Code.
q. Fraudulent use of a financial transaction card or number, Section 18-3124, Idaho
Code.
ORDINANCE – TITLE 4 CHAPTER 6 PRIVATE PATROL 12.7.21 Page 8 of 12
r. Misappropriation of personal identifying information, Section 18-3126, Idaho
Code.
s. Forgery or counterfeiting, Chapter 36, Title 18, Idaho Code.
t. Driving without privileges, Section 18-8001, Idaho Code.
u. Driving under the influence of alcohol, drugs, or other intoxicating substances,
Section 18-8004, Idaho Code.
v. Persons under twenty-one (21) years of age with at least point zero two (0.02)
but less than point zero eight (0.08) alcohol concentration, Section 18-8004A, Idaho
Code.
w. Driving under the influence with excessive alcohol concentration, Section 18-
8004C, Idaho Code.
x. Any person who pleads guilty to or is found guilty of a violation of the
misdemeanor driving under the influence of alcohol, drugs, or other intoxicating
substances provisions of Section 18-8004(1)(a), Section 18-8005, Idaho Code.
y. Aggravated driving while under the influence of alcohol, drugs, or any other
intoxicating substances, Section 18-8006, Idaho Code.
z. Leaving scene of accident resulting in injury or death, Section 18-8007, Idaho
Code.
aa. Any person who is eighteen (18) years of age or older who sells, gives, or
furnishes, or causes to be sold, given, or furnished, alcoholic beverages, including
any distilled spirits, beer or wine, to a person under the age of twenty-one (21) years,
Section 23-603, Idaho Code.
bb. Any violation (felony or misdemeanor) of the Uniform Controlled Substances
Act, Chapter 27, Title 37, Idaho Code.
cc. Insurance fraud, Section 41-293, Idaho Code.
dd. Damage to or destruction of insured property, Section 41-294, Idaho Code.
ee. Reckless driving, Section 49-1401(1), Idaho Code.
ff. Public assistance fraud, Section 56-227, Idaho Code.
gg. Provider fraud, Section 56-227A, Idaho Code.
ORDINANCE – TITLE 4 CHAPTER 6 PRIVATE PATROL 12.7.21 Page 9 of 12
(D) Has supplied false or misleading information, failed or refused to provide or to disclose
information required on the application form or by this Chapter, failed to disclose a suspension
or revocation of a driver’s license, or refused to authorize the investigation required herein.
No such applicant or licensee shall be able to apply to receive a license under this Chapter for
a period of less than six (6) months following the date of the denial or revocation of the license
under this Subsection or for a period of six (6) months following the date that the Clerk became
aware of disqualifying information, whichever is later in time.
(E) Has violated any of the provisions of this Chapter during licensure. Violation of any
provision of this Chapter during licensure, shall result in immediate and automatic revocation
of the license. Such revocation of the license shall be effective as of the date of such violation.
No such person shall be qualified to apply to receive a license under this Chapter for a period
of less than six (6) months following the date of the revocation of the license under this
Subsection or for a period of six (6) months following the date the Clerk became aware of
such information, whichever is later in time, unless otherwise provided in this Chapter.
(F) Where an applicant or licensee does not meet the conditions of licensure in this Chapter.
…
4-6-16: LICENSE; AUTHORITY: The issuance of any license under this Chapter shall not be
construed as granting any power of arrest other than that granted a private person under Idaho
Code and this Code. Nor shall the provisions of this Chapter be construed as authority to carry
weapons contrary to the Idaho Code.
4-6-17: GROUNDS FOR LICENSE REVOCATION: Any license issued under this Chapter may
be revoked by the City Council for any of the following reasons:
(A) Any violation of any provision of this Chapter.
(B) The conviction of the licensee in any court of any crime or offense involving violence or
moral turpitude.
(C) Obtaining the license under any false or fraudulent pretense or statement.
(D) The conviction of the licensee in any court of any felony or any offense involving or
concerning the sale or transportation of intoxicating or alcoholic liquor.
4-6-1817: AUTOMATIC REVOCATION OF LICENSE: Any license issued under this
Chapter shall be revoked immediately and without notice to the licensee upon the cancellation or
termination of the bond or insurance required by this Chapter unless the licensee posts a new
comparable bond or obtains comparable insurance and files a certificate of such insurance with the
Clerk prior to the date on which the original bond or insurance is canceled or terminated.
SECTION 2. Savings and Severability Clause. The provisions and parts of this Ordinance are
intended to be severable. If any section, sentence, clause, or phrase of this Ordinance should be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,
ORDINANCE – TITLE 4 CHAPTER 6 PRIVATE PATROL 12.7.21 Page 10 of 12
clause, or phrase of this Ordinance.
SECTION 3. Codification Clause. The City Clerk is instructed to immediately forward this
Ordinance to the codifier of the official municipal code for proper revision of the Code.
SECTION 4. Publication. This Ordinance, or a summary thereof in compliance with Idaho Code,
shall be published once in the official newspaper of the City, and shall take effect immediately
upon its passage, approval, and publication.
SECTION 5. Effective Date. This Ordinance shall be in full force and effect from and after its
passage, approval, and publication.
PASSED by the City Council and APPROVED by the Mayor of the City of Idaho Falls, Idaho,
this ______ day of ________________, 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 )
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
4, CHAPTER 6 TO CLARIFY CONDITIONS FOR ISSUANCE OF A PRIVATE
PATROL SERVICES LICENSE; PROVIDING SEVERABILITY, CODIFICATION,
PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE.”
______________________________________
KATHY HAMPTON, CITY CLERK
(SEAL)
ORDINANCE – TITLE 4 CHAPTER 6 PRIVATE PATROL 12.7.21 Page 11 of 12
ORDINANCE – TITLE 4 CHAPTER 6 PRIVATE PATROL 12.7.21 Page 12 of 12
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