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City Council

Regular Meeting

Idaho Falls, ID · February 22, 2022

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Minutes

February 22, 2022 Council Work Session The City Council of the City of Idaho Falls met in Council Work Session, Tuesday, February 22, 2022, in the Council Chambers in the City Annex Building located at 680 Park Avenue in Idaho Falls 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 Thomas Hally Councilor Jim Freeman Councilor Jim Francis Councilor Lisa Burtenshaw Councilor John Radford (arrived at 4:18 p.m.) Also present: Brad Cramer, Community Development Services Director Renee Magee, Idaho Falls Redevelopment Agency Consultant (via WebEx) Chris Fredericksen, Public Works Director Pamela Alexander, Municipal Services Director PJ Holm, Parks and Recreation Director Duane Nelson, Fire Chief Kent Fugal, City Engineer Joel Tisdale, Police Captain Michael Kirkham, Assistant City Attorney Bud Cranor, Mayor’s Office Chief of Staff Randy Fife, City Attorney Kathy Hampton, City Clerk Mayor Casper called the meeting to order at 3:04 p.m. with the following items: Calendars, Announcements, Reports, and Updates: February 24, Idaho Falls Power (IFP) Board Meeting; Chamber Legislative Call; Federal Aid Meeting (Bonneville Metropolitan Planning Organization (BMPO) Policy Board Members); and City Council Meeting February 25, Property Tax 101 March 11, City Club March 16, BMPO March 30, City County Meeting Mayor Casper distributed updated schedules/calendars for City Council Work Sessions, City Council Meetings, and IFP Board Meetings as well as the 2022/2023 Council Budget Preparation Calendar. Mayor Casper announced a recent article in the Idaho Falls Magazine featuring Rick Cloutier, Airport Director. She also requested councilmembers use the Sales Tax Exemption Form when traveling. Acceptance and/or Receipt of Minutes: It was moved by Councilor Francis, seconded by Council President Dingman, that council receive the recommendations from the February 15, 2022 meeting of the Planning and Zoning (P&Z) Commission pursuant to 1 February 22, 2022 Council Work Session the Local Land Use Planning Act (LLUPA). The motion carried with the following vote: Aye – Councilors Freeman, Burtenshaw, Francis, Dingman, Hally. Nay – none. Liaison Reports and Councilmember Concerns: Council President Dingman announced Greater Idaho Falls Transit (GIFT) has hired a Transit Coordinator. She expressed her appreciation to staff members for their support and assistance. She also stated staff is currently reviewing the Request For Proposals (RFPs). Councilor Hally stated the bid openings for the Law Enforcement Complex (LEC) as well as the 17th Street and Woodruff Avenue intersection project will be held in March. He noted the construction for the intersection project will occur one (1) corner at a time. Councilor Burtenshaw stated she and Councilor Francis met with the Idaho Falls Police Department (IFPD) regarding the LEC, and police officers and recruitment (there are currently no applicants). She also stated Police Chief Bryce Johnson and Director Cloutier have been in discussion regarding the police at the Idaho Falls Regional Airport (IDA) and the restrictions. Councilor Francis stated the election for the (Idaho Falls School District 91) school plant facility levy will be held March 8. Councilor Freeman stated the Fire Department has been particularly busy with structure fires. Legislative Update: Mayor Casper distributed and briefly explained legislative bills supported and opposed by the Association of Idaho Cities (AIC) including House (H) Bill H499 (Emergency Communications Officers (ECOs) and the Rule of 80), H529 (registration/stickers for license plates), H573 (increase the dollar threshold for abandoned vehicles), H582 (eliminate all licensing requirements for non-profit home builders), H635 (annexation of lands currently located in other cities), and H648 (would allow cities to create their own tax rebate program). She stated new revenue from sales tax, property tax relief money, and online sales tax money are being discussed. Councilor Hally briefly explained H442 (local entities limiting fees/deposits on rental units), and H331 (delivery services and sidewalk damage), stating these bills are strongly opposed by AIC. He also briefly explained Senate (S) Bill S1249 (removes urban renewal from the budget cap). Brief discussion followed regarding S1283 (Medicaid), release of law enforcement information, and H531 (monuments). Community Development Services/Discussion: Eligibility Report for the Pancheri-East Urban Renewal District: Director Cramer reviewed the Eligibility Report for Pancheri East Bank, which is located southeast of the intersection of Capital and Pancheri. He noted a district recently closed in this area. He also noted this item came about due to the property owner needing assistance with some eligible expenses. Director Cramer stated part of the process of creating a district is to identify whether an area is eligible per the criteria of State Statute. He also stated this report meets many eligibility requirements. He emphasized the resolution being presented/considered at the February 24 City Council Meeting does not establish a district and it does not establish a boundary, it only defines the area as being eligible for a district. Director Cramer introduced Ms. Magee, former Community Development Services Director and former Executive Director of the Idaho Falls Redevelopment Agency (IFRdA). Ms. Magee then presented the following with general comments throughout: • Purpose – to determine if all or a portion of approximately 36 acres meets one or more of the criteria outlined in the Idaho statutes for an urban renewal area. • Boundaries – Pancheri Drive on the north, the Snake River on the west, Yellowstone Highway on the east, IFP substation on the south, and Capital Avenue right-of-way (ROW) and 2160 S. Yellowstone Highway. The parcel boundaries were also identified. 2 February 22, 2022 Council Work Session • Findings – the study meets one or more of the criteria; the study area is eligible to be an urban renewal area; this finding not does commit the Idaho Falls Redevelopment Agency or the Idaho Falls City Council to include any or all portions of the study area in an urban renewal area; this study area does not include the Candlewood Suites or the adjacent River Walk which received tax increment assistance in the past. Ms. Magee stated there are 14 criteria outlined, this area met 11 of the 14 criteria. She reviewed the most eligible criteria. • Conditions in Study Area: Street Facilities. Meets the criteria for an urban renewal area: predominance of defective or inadequate street layout; outmoded street patterns; and lack of correlation with streets in municipality. • Conditions in Study Area: Parcels. Meets the criteria for an urban renewal area: faulty lot layout. • Conditions in Study Area: Safety. Meets the criteria for an urban renewal area: unsafe conditions. • Conditions in Study Area: Economic Disuse. Meets the criteria for an urban renewal area: age or obsolescence, economic underdevelopment of the area, and substantially arrests or impairs the sound growth of the municipality. Ms. Magee described the land use changes from 1992 and 2016. She noted there is a dramatic increase in vacant land in this study area. • Conditions in Study Area: Utilities. Meets the criteria for an urban renewal area: unsafe conditions. Ms. Magee identified water/sewer utilities in the study area. She also identified land use designations, one of which is a mixed-use corridor, and the other is an urban core. She stated there is a proposed concept in between these two (2) land use designations for the extension of Capital Avenue to connect from the intersection of Capital Avenue to Yellowstone Highway. • Proposed Comprehensive Plan for Idaho Falls. Meets the criteria for an urban renewal area: arrests or impairs the sound growth of the municipality. Per Councilor Freeman, Ms. Magee stated building is allowed with the 500-year flood plain although there may be a high-water table in the area and substantial ponding which may cause maintenance issues. She believes basements may not be allowed in this area. Also per Councilor Freeman, Director Cramer stated this area is currently not included in the South Broadway area. He also stated a boundary could be modified although the base value would reset which could be critical to obtain the tax increment financing needed to support projects. He believes the boundary should not be expanded, a different district should be created. Per Councilor Francis, Director Cramer stated a smaller boundary would be determined by the IFRdA and the City Council. He also stated the current boundary would likely be different than the district’s creation. He indicated a larger area would require an additional eligibility report. Director Cramer stated this item will be included on the February 24 City Council Meeting agenda as a resolution to accept the eligibility report to determine this area as eligible for the creation of a district and authorize the IFRdA to continue forward to create a plan. That plan would then go to the IFRdA Board, the P&Z Commission, and then to the council for approval. Ms. Magee expressed her appreciation to Kerry Beutler and Caitlin Long, Community Development Services staff members. Public Works, and other departments/Follow-up Discussion: Impact Fees: Director Fredericksen reviewed the impact fee process, stating the proposed resolution adopting the Impact Fee Study must be approved, followed by approval of the Comprehensive Plan, and approval of the Impact Fee ordinance. He stated all three (3) items will be included on the February 24 City Council Meeting agenda as public hearings. Per Mayor Casper, Director Fredericksen stated a number of items would need to be addressed following approval of these items, including appointment of a fee administrator, approval of a fee resolution, and changes to other sections of the code (elimination of current fees). Mr. Fife stated all three (3) proposed items would be affected if one (1) of the items is not approved, and the ordinance could be passed on a first reading only. He 3 February 22, 2022 Council Work Session clarified an additional public hearing would occur for a fee resolution, including the timeframe to impose the fees. It was noted the fee ordinance date would be effective May 1. Discussion followed regarding the minimum 30-day timeframe per State law, any adjustment of fees, publication(s) of ordinance summaries, and publication(s) of public hearings for a fee resolution. Per Councilor Hally, Director Fredericksen believes other cities of similar size to Idaho Falls all have impact fees with the exception of Pocatello. Director Fredericksen explained the three (3) proposed items in the resolution: setting forth reasonable methodologies and analyses for determining the impacts of various types of new growth and development of the identified City public facilities; the Impact Fee Study uses a calculation methodology in accordance with generally accepted accounting principles and other relevant principles; and the council adopts the Capital Improvement Plan and Development Impact Fee Study. Director Cramer reiterated the three (3) proposed items must occur and be approved in sequential order. Discussion followed regarding an immediate vote following the public hearings and any potential delays. Councilor Francis believes additional discussion may be needed with a decision at the March meeting. Council President Dingman does not believe there should be any delay of a vote as this would be inconsistent with previous council governing. Councilor Burtenshaw believes this is different than the land use laws. She questioned if this type of hearing allows more variability. She also believes most of the issue is centered around the implementation of impact fees. Mr. Fife stated the LLUPA are quasi-judicial hearings, these particular hearings are legislative hearings that are more broad and allows information in a variety of ways. Mayor Casper reiterated these items will be included on the February 24 City Council Meeting agenda. Municipal Services/Briefing: The Disposition of City Property: Director Alexander stated the city has been previously approached regarding the acquisition of city property. She described property adjacent to Pinecrest Golf Course which was donated to the city in 2017. This property consists of four (4) parcels, totaling 8.6 acres, was appraised “as is” at $610,000, and was originally proposed for a holding pond for future golf course water usage. Director Alexander provided the verbiage of the donative quitclaim deed. Mr. Kirkham stated there are restraints on selling city property. He reviewed State statutes/procedures for sale of real property owned by city: • Underutilized or not used for a public purpose • May declare a minimum price for property • May declare not to establish a minimum price • Appraisal of property is not required • Public hearing is required (publish summary of proposed action in newspaper 14 days prior to public hearing) • Public auction to higher bidder Mr. Kirkham also reviewed exchanges of real property owned by city: • Exception to convey property to a “tax supported government unit” • Sale or conveyance of real property o Fair market value o Less than fair market value (Mr. Kirkham believes less than fair market value should support or promote a specific public purpose objective, and retain a reversion interest in property) • Lease property General discussion followed regarding other city properties, including those properties that may be of interest to individuals. Director Alexander stated discussion occurs with all departments for intended uses/purposes. Mayor Casper believes any property needs to be addressed fairly for city interest or other individual/entity use. Per 4 February 22, 2022 Council Work Session Councilor Francis, Mr. Kirkham stated any funds from a sale would be allocated to the General Fund with possible council discretion. Additional discussion followed regarding leased property. Per Councilor Radford, Director Alexander stated staff is currently working to consolidate all city property. Mr. Kirkham indicated some city properties may have conditions or restrictions. Legal Department/Discussion: Possible Change to Record Retention Resolution for Audio/Cameras Recording: Mr. Fife stated State statute allowed cities to create a public record for a period of time, and cities are allowed to classify the type of records, which the city clarified in 2016. He also stated there is the ease of recording, specifically for the IFPD, which creates a lot of data. He believes, rather than waiting for the State, the city can reclassify city media recordings and IFPD media recordings. If these recordings have no purpose/value, they could be destroyed in 120 days. If these recordings do have a purpose/value, these recordings could be retained for a minimum of two (2) years. Mr. Fife believes there is some risk to this, however, he also believes these recordings are risk-tolerance. Mayor Casper stated Mr. Fife has previously written versions for State legislators for several years, with no interest, although, there has been recent interest with local legislators and the AIC. Councilor Freeman stated he is in favor of the idea although he questioned who would review the recordings. Captain Tisdale does not believe it’s the IFPD position to monitor all facilities although the IFPD would review any necessary recording. Mr. Fife believes the IFPD currently has a good system for reviewing recordings and indexing to a report, however, he believes the departments could use the ‘first in, first out’ method if there’s no value with the recording. Director Alexander stated departments can submit a ‘ticket’ to the Information Technology (IT) Division who will then review the non- IFPD category. Per Councilor Francis, Captain Tisdale believes 120 days is an adequate timeframe. Mayor Casper believes the opportunity to use technology is not being used due to the cost of retention which is cost-prohibited. Director Alexander confirmed storage of technology is expensive. Per Councilor Burtenshaw, Mr. Fife stated Idaho is a one-party consent for recording. He also stated most of these recordings will not be audio. He does see a significant problem. Mayor Casper stated this item will be included on a future City Council Meeting agenda. Mayor and Council/Follow-up Discussion: Public Comment: Mayor Casper believes public comment language should create an environment without legal issues. Councilor Francis distributed an amended version for public comment. He explained his suggestions including the elimination of written public comments submitted to the Clerk (he believes the council could receive the same email(s)), the inclusion of ‘expected’ to follow guidelines and speakers are ‘expected/required’ (he believes this language should be stronger), and the inclusion of ‘personally harassing’ or ‘discriminatory in nature’ (he added this language per the city personnel manual). Discussion followed regarding the expectation/requirement versus encourage/request (Mr. Fife believes expectation/requirement puts the city at first amendment risk), comments pertaining to activities or performances of individual city employees, personally harassing or discriminatory in nature (Mr. Fife would not recommend these as he believes these have specific legal ramifications), the Americans with Disabilities Act of 1990 (ADA) accommodations, public forum for general public information, repeated comments toward an individual(s), public employees versus private employees, legal advice, and violation of rights. Following comments and additional discussion, ‘expected’ will be replaced with ‘encouraged’, ‘personally harassing’ or ‘discriminatory in nature’ will be eliminated, and ‘typically’ will be included with dialogue or questions. Mayor Casper stated future discussion could occur if needed. There being no further business, the meeting adjourned at 6:11 p.m. s/ Kathy Hampton s/ Rebecca L. Noah Casper Kathy Hampton, City Clerk Rebecca L. Noah Casper, Mayor 5

Agenda

Honorable Mayor and Council Brad Cramer, Community Development Services Director February 17, 2022 February 15, 2022, Planning Commission Action Planning Commission took the following action during the February 15, 2022, meeting. 1. PLAT22-001: FINAL PLAT. Final Plat for Skyline Manor Townhomes, Division Number 2, for the SW Cor of SW ¼, NW 1/4 of Section 24, Township 2 North, Range 37 East. Located north of Pancheri Dr., east of Skyline Dr., south of Tulane St., west of S Saturn Ave. On February 15, 2022, the Planning and Zoning Commission unanimously voted to recommend approval of the final plat as presented. 2. PLAT21-039: FINAL PLAT. Final Plat for Stone Creek Estates Division 4, SE ¼ of Section 33, Township 2 North, Range 38 East. Located north of Riverstone Way, east of Sutter Lane., south of Saratoga Drive, west of S 25th E. On February 15, 2022, the Planning and Zoning Commission unanimously voted to recommend approval of the preliminary plat as presented. 3. RZON22-002: Amendment to Zoning Ordinance RMH. On February 15, 2022, the Planning and Zoning Commission unanimously voted to recommend approval of the amendment as presented. 4. RZON22-001: Amendment of the Comprehensive Zoning Ordinance, Sections 11-2-6, 11-3-4 and Tables 11-2-1 and 11-3-3 allowing for accessory dwellings units in all residential zones and establishing land use standards. On February 15, 2022, the Planning and Zoning Commission recommended to the Mayor and City Council approval of the ordinances amendments as presented with a vote of 3 to 2. 5. PUD21-006: PLANNED UNIT DEVELOPMENT. PUD for Caribou Crossing, for the 2.397 acres in the West ½ of the Southwest ¼ of the Southwest ¼ of Section 16, T 2 N, Range 38 East. Located north of E 1st St., south of Garfield St., east of NW Bonneville Dr., and west of N Woodruff Ave. On February 15, 2022, the Planning and Zoning Commission unanimously voted to recommend approval of the PUD as presented with the condition to provide pedestrian connection from Easy Street to Kelsey Ave. through the eight foot masonry wall. RECOMMENDED COUNCIL ACTION: To receive recommendation(s) from the Planning and Zoning Commission pursuant to the Local Land Use Planning Act (LLUPA). PARKS & RECREATION COMMISSION MEETING NOVEMBER 1, 2021 MAECK EDUCATION CENTER 12:00 Noon Members in Attendance: B. Combo, R. Nitschke, M. Hill, R. Foote, P. Lloyd, C. White, J. Francis, J. Freeman, L. Burtenshaw, J. Walker, P. Holm, D. Pennock, C. Horsley, J. Stephens, W. Johnson, B. Lee, Guests: Jeff Forbes and Stephanie Rose Members Not in Attendance: T. Hersh Call to Order – B. Combo B. Combo called the meeting to order at 12:10 pm. Approval of Minutes C. White moved to approve the October minutes. M. Hill seconded. All in favor. “Imagine Idaho Falls” Presentation – B. Cramer B. Cramer from the City of Idaho Falls Community Development Department gave a presentation on “Imagine Idaho Falls”, a plan to move Idaho Falls forward together. Director’s Report – P. Holm P. Holm reported on the following: • A copy of the 2022 budget was passed out for board members to review. • LWCF Update – The board was reminded that we’ve been out of LWCF compliance for twenty-five years and he discussed specific properties that have caused us to be out of compliance. He explained the challenges they are having trying to purchase a property that will act as a replacement for non-compliant properties. An internal committee made up of other Idaho Falls City Department employees is working together on this challenge. • Noise Park Update – The Parks Department met with the motorcross community to explain to them that we are not going to run that track any longer. They are trying to figure out a way to run the track as a club and rent the facility from us. The department has also been approached by several people involved with Snake River BMX who are interested in moving their program to Noise Park. Several more meetings with this group will be scheduled to see if this will be a feasible alternative that will benefit both the City of Idaho Falls and the Snake River BMX program. • Heritage Park Update – The Idaho Falls Rotary Club presented the Parks and Recreation Department with a donation check of $700,000 on October 6th. We will be receiving a second check for $100,000 at the conclusion of this project phase. A tour of Heritage Park with the Rotary Club was conducted on October 20th. • The bid for the bentonite creek liners for Ryder Park will go out the second week of November. • We have installed additional lighting and security cameras in several parks near bathrooms to deter vandalism. • Skyline Tennis Courts – The formal bid is going out and the average cost estimate to replace tennis courts is $350,000. • Upcoming Projects: Director Holm discussed upcoming projects including updating lighting to LED’s, roadway repair, bleacher replacement, and metal siding on shelters. These upgrades will be at Tautphaus Park. There will be an upper deck replacement at Sportsman’s Park and a replacement deck at Jensen’s Overlook. Playground equipment will be installed at Liberty Park, a niche wall will be built at Rose Hill Cemetery, and there will be playground and irrigation improvements at Sunnyside Mel Erickson Park. • War Bonnet update – Director Holm reported that the War Bonnet Round Up was inducted into the Hall of Fame and that the rodeo has been nominated as one of the top five medium rodeos in the Wilderness Circuit. He also reported on the revenue and expenses to date for the 2021 event. • Pinecrest Irrigation Project – The irrigation project is going well, and Heritage Links is continuing to work on the back nine holes of the golf course. • Soccer Complex – Director Holm will be meeting with Rick Cloutier the director of the Idaho Falls Airport on the property housing the Old Butte Soccer Complex and the forty acres just west of the complex. This soccer complex property is owned by the airport and we could lose use of it in the future. Division Updates Parks – R. Campbell (absent) – reported by J. Stephens J. Stephens reported on the following: • The irrigation system blow outs were completed Monday, November 1st. • The Department is working on holiday lights, holiday decorations and turf applications. Zoo – D. Pennock D. Pennock reported on the following: • They had a successful Boo at the Zoo event. • The zoo is open this November on the weekends. Recreation – C. Horsley C. Horsley reported on the following: • Portable goals were purchased for the Old Butte Soccer Complex. Next spring, we will use these goals for better turf management. Commissioner Reports J. Walker – County Commissioner J. Walker reported on the following: • The snow groomers are ready for the back country trails. • They are preparing the snowmobile huts for winter use. • Palisades is at a 7% water level, up from 5% last month. School Dist. 91 – Pat Lloyd (no report) Shade Tree Committee – M. Hill M. Hill reported on the following: • The Arbor Day Celebration was a success this year. They planted thirty-three new trees at Reinhart Park. The grade school kids from Snake River Montessori came to help along with Mayor Casper and most of the City Council members. Public Comments Guests, Jeff Forbes, and Stephanie Rose made comments regarding their opposition to the proposed site for the new water tower. Adjournment at 1:30 pm. Next meeting will be held December 6th, 2021 Recorded by: Tracy Sessions, Clerk, Parks & Recreation Community Development Services - Pancheri-East Urban Renewal District Pancheri East Bank Eligibility Report Prepared for Idaho Falls Redevelopment Agency, February, 2022 by Renee R. Magee, AICP Executive Summary This report examines approximately 36 acres in central Idaho Falls bounded by Pancheri Drive on the north, the Snake River on the west, and Yellowstone Highway on the east (the “Study Area”). The southern boundary moves along the south property lines of the Idaho Falls Power substation, the Capital Avenue extension, and the private parcel addressed as 2160 South Yellowstone Highway. Prior to 2016, this area housed industrial and heavy commercial uses, most of which have ceased operation or have moved elsewhere. The Study Area is found to be a deteriorating area and/or a deteriorated area and, therefore, is eligible for an urban renewal project under the Idaho Urban Renewal Law of 1965, Chapter 20, Title 50, Idaho Code, as amended, and the Local Economic Development Act, Chapter 29, Title 50, Idaho Code, as amended. The primary reasons for this finding are: 1. Inadequate street layout/outmoded street patterns. There is no developed public street with modern paving width, facilities for storm drainage, sidewalks, and illumination in the Study Area. The banks of the Snake River have become prime property for restaurants, motels, offices, and apartments. Unfortunately, there is no street to bring residents and visitors to the east bank of the Snake River. The informal travel ways which used to serve the businesses in the Study Area do not meet modern standards and do not encourage redevelopment of the area. 2. Economic Underdevelopment and Economic Disuse. Approximately 60% of the Study Area is vacant or underutilized. In the past, the Study Area housed industrial and heavy commercial uses, a motel, two residences, and a restaurant. As these businesses moved elsewhere or closed, new uses often did not fill the vacant spaces. Yellowstone Highway is no longer the primary regional entrance way to Idaho Falls, and new businesses which depend on traffic counts moved to other locations in the community. Six of the buildings in the Study Area are over 60 years of age. Such buildings often need significant investment to meet the needs of new occupants. 3. Faulty lot layout in relationship to size, accessibility, or adequacy of usefulness. Only two of the seventeen privately owned parcels in the Study Area have been platted. There are no platted easements of water and sewer utilities. The parcels are irregular in shape and do not meet modern standards. For the parcels in the interior of the Study Area, access is provided through an underdeveloped right-of-way or through adjacent parcels under the same ownership. The parcel boundaries reflect historic use rather than the needs for new investment. The Study Area meets the criteria for eligibility. Although this report has found the Study Area is eligible for an urban renewal project, this finding of eligibility does not commit either the Idaho Falls Redevelopment Agency or the Idaho Falls City Council to include any or all portions of the Study Area within an urban renewal project area. Pancheri East Bank Eligibility Report, Idaho Falls Redevelopment Agency 1 Idaho Falls Redevelopment Agency The Mayor, with the confirmation of City Council, has appointed seven individuals to the Idaho Falls Redevelopment Agency, the urban renewal agency of the City of Idaho Falls: Lee Radford, Chair Brent Thompson, Vice-Chair Terri Gazdik, Secretary Tom Hally Kirk Larsen Jon Walker Christopher Harvey The Agency, originally created on July 6, 1966, was re-established by the Mayor and Council on October 20, 1988, for the purpose of eliminating blight in the Snake River Urban Renewal District (formerly Lindsay Boulevard Urban Renewal District). The Snake River Urban Renewal District expired in 2018. The Pancheri-Yellowstone Urban Renewal District (“Pancheri District”) was terminated after eleven years in 2019. The Agency now administers three urban renewal areas: River Commons, Eagle Ridge, and Jackson Hole Junction. Brad Cramer serves as the executive director of the Agency. Elam and Burke is the legal counsel. In the Fall of last year, 2021, the Agency engaged the services of Renee Magee to prepare an eligibility report to determine if the Study Area meets the criteria for consideration as an urban renewal area (URA). Background In response to federal programs funding redevelopment of “blighted” urban areas in the mid twentieth century, Idaho passed the Idaho Urban Renewal Law of 1965. The law authorized Idaho municipalities to identify blighted and deteriorating areas within their communities and to use federal grant monies to improve and, if necessary, redevelop these areas. Support for such federal expenditures dissipated and eventually ended in the early 1970's. With the loss of federal support, states needed another tool to assist cities to redevelop blighted areas and to participate in the economic vitality of their communities. Idaho cities have a significant financial challenge in responding to the infrastructure demands of growth along with the on-going need to maintain the existing physical plant in good repair. Idaho cities face stringent constitutional limitations and near total dependence upon state legislative action to provide funding. An Idaho city’s access to funding sources and the ability to employ effective financing mechanisms such as general obligation bonding severely constrain capital investment strategies. The tools available to cities in Title 50, Chapters 20 and 29, the Urban Renewal Law of 1965 and the Local Economic Development Act, are some of the few available to assist communities in their efforts to support economic vitality. New sources of State support are not likely to become Pancheri East Bank Eligibility Report, Idaho Falls Redevelopment Agency 2 available in the foreseeable future, thus the Idaho Falls Redevelopment Agency’s on-going interest in exploring the potential for establishing additional urban renewal areas is appropriate. Purpose of Report This report focuses on a Study Area of 36 acres immediately east of the Snake River, south of Pancheri Drive, and west of Yellowstone Highway. The southern parcels in the Study Area are the Idaho Falls Power substation, the right-of-way for Capital Avenue, and the properties addressed as 2130 and 2160 South Yellowstone Highway. This Study Area includes a portion of the Pancheri District which closed after eleven years. It does not include the northwest portion of the former Pancheri District in which the developers of a new motel received tax increment funds and, thus, does not include development assisted previously with urban renewal financing. The Study Area includes twenty-three parcels, seventeen of which are in private ownership. The private parcels range in size from 100 square feet to 6.25 acres and occupy slightly over 25 acres of the Study Area. River Walk, Yellowstone Highway, an Idaho Falls Power sub-station, and the right-of-way for Capital Avenue extended are the publicly owned parcels in the Study Area. Land uses in the Study Area consist of commercial businesses, older industrial and warehousing uses, open storage, and vacant lands. The Idaho Falls power sub-station is located in the southwestern corner of the Study Area, and a transmission line travels north adjacent to the Snake River. Industrial development began in this area in the 1940s according to Bonneville County parcel records. Wholesale and cold storage uses were constructed in the mid-1990s near the intersection of Capital and Pancheri. Today there is little demand for the historic industrial and heavy commercial uses which formerly occupied the Study Area. Almost sixty percent of the private parcels in the Study Area are either vacant or underutilized. Growth and development are bypassing this Study Area, although it is on the Snake River and in the central portion of Idaho Falls. The largest building in the Study Area, a manufacturing facility for former King B, has been vacant since 2015. The site of a popular restaurant, LeBaron’s, which served residents and visitors for over fifty years near the intersection of Pancheri and Yellowstone was demolished after a fire, and the site remains vacant. In contrast, the lands around these 36 acres are being developed and are becoming a healthy commercial center. On the west bank of the Snake River, Snake River Landing, a mixed- use development, has been under development since 2004. North of Snake River Landing, the Utah Avenue area has developed since 2000 with commercial uses, and many of the vacant parcels north of Pancheri Drive and west of the Snake River have been infilled with commercial uses. The purpose of this report is to determine if all or a portion of the Study Area meets the criteria Pancheri East Bank Eligibility Report, Idaho Falls Redevelopment Agency 3 outlined in Idaho statutes, Idaho Code Sections 50-2008, 50-2018, and 50-2903, for an urban renewal area. This report is the first step to assist the Idaho Falls City Council determine if there is a need for creating an urban renewal area in a portion or all of the Study Area. Steps in Creating an Urban Renewal Area (URA) and Revenue Allocation Area (RAA) If an urban renewal agency is in existence in a community, the creation of an urban renewal area, including a revenue allocation area (tax increment financing), begins with an eligibility report for a designated area within the community. The purpose of the eligibility report is to determine if the studied area qualifies for an urban renewal area. The central question is whether the Study Area has at least one of the characteristics which must be found to be considered eligible for urban renewal activities. These characteristics or criteria are: 1. The presence of a substantial number of deteriorated or deteriorating structures and deterioration of site [50-2018(9), 50-2903(8)(b) and (8)(c), and 50-2008(d)(4)(2)], 2. Age or obsolescence [50-2018(8) and 50-2903(8)(a)], 3. Predominance of defective or inadequate street layout [50-2018(9) and 50-2903(8)(b)], 4. Outmoded street patterns [50-2008(d)(4)(2)], 5. Need for correlation of area with other areas of municipality by streets and modern traffic requirements [50-2008(d)(4)(2)], 6. Faulty lot layout in relation to size, adequacy, accessibility, or usefulness (50-2018(9) and 50-2903(8)(b)], 7. Unsuitable topography or faulty lot layouts [50-2008(d)(4)(2)], 8. Insanitary or unsafe conditions [50-2018(9) and 50-2903(8)(b)], 9. Diversity of ownership [50-2018(9), 50-2903(8)(b) and (8)(c), and 50-2008(d)(4)(2)], 10. Tax or special assessment delinquency [50-2018(9) and 50-2903(8)(b)], 11. Defective or unusual conditions of title [50-2018(9) and 50-2903(8)(b)], 12. Substantially impairs or arrests the sound growth of a municipality [50-2018(9) and 50- 2903(8)(b)], 13. Conditions which retard development of the area [50-2018(9)], and 14. Results in economic underdevelopment of the area [50-2903(8)(b) and economic disuse [50-2008(d)(4)(2). If it is determined the Study Area has characteristics which meet one or more of the statutory criteria listed above, the Agency may approve the eligibility report and request its consideration by the governing body. No URA can be formed unless the City Council adopts a resolution finding the area under consideration is deteriorated or deteriorating due to such characteristics, the redevelopment of the area is necessary for the welfare of the residents, and the area is appropriate for an urban renewal project. The resolution approved by City Council authorizes the Agency to prepare a plan for the proposed urban renewal area. The urban renewal area plan is to include the following: (1) The total assessed valuation of the base assessment roll of the proposed Pancheri East Bank Eligibility Report, Idaho Falls Redevelopment Agency 4 revenue allocation area and total assessed valuation of the city; (2) A list of the proposed public improvements in the proposed revenue allocation area; (3) An economic feasibility study (a projection of revenues and anticipated costs with a time line); (4) A detailed list of estimated project costs; (5) A statement showing the impact of revenue allocation area on all tax districts levying taxes upon property within revenue allocation area; (6) A description of anticipated financing methods and time line for incurring such costs; (7) A termination date for plan and revenue allocation area; and (8) A plan for distributing revenues at the termination date, including any plans for Agency to retain any assets acquired during the life of the district. Once the plan is prepared and approved by the Agency, it is forwarded to the City Council. Prior to scheduling the public hearing before the City Council, the City forwards the plan to the city planning commission for its determination that the plan conforms to the city’s comprehensive plan. After receiving the recommendation of the planning commission, the public hearing is scheduled, notice of the hearing is published, and a copy of the notice and plan is sent to all taxing entities. The Council must approve an urban renewal district, including the revenue allocation area, by an ordinance. If the ordinance is adopted by the City Council, a copy of the ordinance with legal description of the URA is distributed to all the taxing entities and the State Tax Commission. By state statute, an ordinance approving an URA and RAA is effective January1 of the year in which it is adopted: this retroactive effect recognizes projects necessary to generate tax increment may have begun prior to plan approval to meet private deadlines and encourage economic development. The RAA has a maximum life of twenty years under Idaho statutes. The urban renewal agency implements the plan adopted by the city council. Present Conditions in the Study Area Buildings and Site Conditions. The newest buildings in the Study Area were constructed in the mid-1990’s according to the assessor records of Bonneville County and are 25 years old or more. One building was constructed in 1978. The remainder of the buildings were constructed in the period of 1940 to 1960. Buildings older than 60 years may need significant upgrades to support new tenants, meet the demands of new technologies, and eliminate hazards such as asbestos and lead paint found in older buildings. The value of improvements/structures on the land generally exceeds the value of the land. But in the Study Area, on five of the private parcels, the value of the land exceeds the value of the structures according to Bonneville County tax records. On another six private parcels, there are either no improvements or the improvements have no assessed value. The value of the land Pancheri East Bank Eligibility Report, Idaho Falls Redevelopment Agency 5 exceeds the value of the improvements/structures on sixty-five percent of the private parcels in the Study Area. Streets. The Study Area has access to two arterial streets, Pancheri Drive and Yellowstone Highway, primarily through private driveways. There is no developed public interior road pattern with modern paving width, facilities for storm drainage, sidewalks, and illumination in the Study Area. Acquisition by landowners in the past decade has reduced the number of landlocked parcels in the Study Area but there is still no improved public road system to entice private investment and development to interior of the Study Area or the banks of the Snake River. There is a parcel which curves through the Study Area and is intended to be the right-of-way for the extension of Capital Avenue. A portion of this parcel now houses the River Walk east of the Snake River. Much of the northern portion of the right-of-way is less than fifty feet in width and does not meet current city of Idaho Falls standards for a public street. A portion of this right-of- way is bisected by private ownership. Lot Layout. With the exception of two lots adjacent to Pancheri Drive in the Study Area, the private parcels have not been platted. The parcels are irregular in shape and often do not meet the needs for new development, required parking facilities, and driveway approaches to public streets. Some of the parcels have access issues. In the past, access to the lots on the western edge of the Study Area depended on informal shared use of private travel ways through the central portion of the Study Area and the use of the underdeveloped public right-of-way. Water Distribution System and Sewer Collection System. There is little documentation as to sizing or condition of the water and sewer utilities in the Study Area. The age of development in the Study Area indicates there may be issues with materials and condition. The utilities are considered to be private: there are no public easements for utilities. The existing documentation of the area, which is limited, shows the main water main in the Study Area does not loop. It simply dead ends; therefore, the water main does not provide consistent water service or adequate fire protection to the interior of the Study Area. Pancheri East Bank Eligibility Report, Idaho Falls Redevelopment Agency 6 SOURCE: Idaho Falls Community Development Services. Utilities mapping, Public Works. Topography and Floodplains. Elevation changes significantly from Yellowstone Highway to the east bank of the Snake River in the Study Area. Slopes, which are unimproved dirt banks, exist approximately 200 feet west of Yellowstone Highway in the southern portion of the Study Area. According to the Idaho Flood Hazard Map, about one half of the Study Area is within Zone X, which is commonly known as the 500 year floodplain. Zone X is an area of minimal flood hazard; however, such an area may have ponding and drainage problems. Pancheri East Bank Eligibility Report, Idaho Falls Redevelopment Agency 7 SOURCE; Idaho Flood Hazard Map. https://idwr.maps.arcgis.com/apps/webappviewer/index.html?id=c8b7dc8f90a147d19455bdc92b81410a Comprehensive Plan and Future Development. The City of Idaho Falls is in the process of updating its comprehensive plan. The future land use map in the proposed plan, ImagineIF, envisions the area as Mixed Use Corridor and Urban Center/Core. Mixed use corridors are those areas where people eat, shop, and gather. Snake River Landing, the development to the immediate west, is an example. The Urban Center is characterized by taller structures, mixed use buildings, pedestrian oriented facilities, and commercial enterprises. The proposed comprehensive plan illustrates the concept of extending Capital Avenue through the Study Area to Yellowstone Highway. Development of this concept of a street or a similar concept will open the lands adjacent to the Snake River to a public road. The policies/implementation strategies of the proposed comprehensive plan recommend the use of tax increment financing to support redevelopment of business areas, the improvement of connections including pedestrian facilities, and encouragement of property maintenance. Pancheri East Bank Eligibility Report, Idaho Falls Redevelopment Agency 8 SOURCE: Idaho Falls Community Development Services, ImagineIF. Ten Percent Limitation on Assessed Valuation within Revenue Allocation Area In addition to the statutory criteria required for eligibility and outlined in this report, Idaho statutes limit the assessed valuation permitted in a revenue allocation area. The base assessment rolls are not to exceed at any time ten percent of the current assessed valuation of all taxable property within the municipality. “Revenue allocation area” means that portion of an urban renewal area .... where the equalized assessed valuation (as shown on the taxable property assessment rolls) of which the local governing body has determined, on and as a part of the urban renewal plan, is likely to increase as a result of the initiation of an urban renewal project .... The base assessment roll or rolls of revenue allocation area or areas shall not exceed at any time ten percent (10%) of the current assessed valuation of all taxable property within the municipality. Pancheri East Bank Eligibility Report, Idaho Falls Redevelopment Agency 9 Idaho Code Section 50-2903(15). The Data Processing Department of Bonneville County provided the City of Idaho Falls assessed value as well as the adjusted base of the existing urban renewal areas. Statutory Ten Percent Limitation Analysis Area Assessed Value Percentage City of Idaho Falls $4,717,310,703 Adjusted Base River Commons URA $298,715 Eagle Ridge URA $7,407,708 Jackson Hole Junction URA $452,748 Pancheri East Bank Proposed $7,189,657 URA1 Total Assessed Base URAs $15,424,289 0.33% SOURCE: Bonneville County Data Processing, January, 2022. PM106-2020 Annual Assessed Value, Real Property, Personal Property, Mobile Home. URD055, Urban Renewal by Pin within TAG. The total adjusted base of the existing URAs and the Pancheri East Bank Study Area will not exceed the ten percent limitation. The base of all URAs, including a new Pancheri East Bank URA, will be less than 1% of the assessed valuation of Idaho Falls or less than $47,173,107. Findings To find a study area is eligible for considering the creation of an URA and RAA, the study area must contain one or more of the statutory criteria spelled out in Idaho Code Sections 50-2008, 50-2018, and 50-2903. Below are the criteria and a brief discussion of the findings. The presence of a substantial number of deteriorating or deteriorated structures and deterioration of site. An on-site inspection did not reveal a substantial number of deteriorating or deteriorated buildings. One cinder block building does need maintenance. Of the nine buildings for which Bonneville County has construction date data, six buildings were constructed in 1960 or earlier and are over 60 years in age. Such older buildings often need significant upgrades to meet the demands of new occupants and to eliminate hazards such as asbestos or 1 This figure is the total of the assessed valuations in the Study Area as found on the Bonneville County Parcel Viewer, January, 2021. Pancheri East Bank Eligibility Report, Idaho Falls Redevelopment Agency 10 lead paint. The on-site inspection did reveal paved parking areas are generally well maintained. However, much of the Study Area is not paved. The dirt/gravel travel and parking areas are rutted and subject to ponding. There is no on-site storm retention. While the criterion may not be met for deteriorating/deteriorated buildings in the Study Area, it is met for the parking and travel areas in the Study Area. Predominance of defective or inadequate street layout. There is no public street serving the interior of the Study Area. Since there is no public street, there are no storm drainage facilities, street lighting, or pedestrian facilities. The long-range plan of the city of Idaho Falls has been to serve the area with a public street, i.e., the extension of Capital Avenue. The intersection of Capital Avenue and Pancheri Drive will provide a signalized access to the area. The Study Area has an inadequate street layout. Faulty lot layout in relationship to size, adequacy, accessibility, or usefulness. With the exception of two lots fronting Pancheri Drive, parcels have not been platted. Many parcels are irregular in shape as illustrated by the Bonneville County Parcel Viewer, and some parcels do not have direct access to Yellowstone Highway. The only public access to interior parcels is provided by the underdeveloped right-of-way for Capital Avenue or by adjacent parcels under the same ownership. There are no platted public easements for water and sewer utilities. The southern lots along Yellowstone Avenue, some of which are approximately one acre in size or less and 200 feet in depth, may not meet the needs for modern development with adequate parking. This criterion is met. Diversity of ownership. There are eight private property owners in the Study Area. The acreages held by these private property owners range in size from 100 square feet to almost 12 acres. Two owners own about 4 acres each. This criterion is not met. Defective or unusual conditions of title. The research done for this eligibility study did not address this issue and, therefore, did not reveal any defective titles. This criterion is not met. Tax delinquency assessment exceeding the value of land. The research completed for this study did not address this issue. Consequently, there is not sufficient evidence to state this criterion has been met. Insanitary or unsafe conditions. Pedestrian facilities are deficient on Yellowstone Highway, a major arterial street. Inadequate water mains are a fire protection issue. This criterion is met. Outmoded street patterns. There is no street pattern with the Study Area. The private driveways to Yellowstone Highway do not meet current standards for width and spacing. This criterion is met. Pancheri East Bank Eligibility Report, Idaho Falls Redevelopment Agency 11 Unsuitable topography. The slope approximately 200 feet west of Yellowstone Highway presents an impediment to development. The 500 year floodplain, like the slope, will not prohibit development but it may present issues such as a high water table or drainage issues which increase development and maintenance costs. This criterion is met. Age or obsolescence. Six buildings are over 60 years of age in the Study Area. Buildings this age present issues with building code compliance, may need extensive upgrades for economic reuse, and may present hazards such as asbestos which requires abatement. One of these buildings, the largest building in the Study Area, a former manufacturing facility, has been vacant since 2015. One of the larger properties in the Study Area has been essentially vacant or underutilized for over ten years. This criterion is met. Need for correlation of the area streets with other areas of the municipality. The Study Area includes the right-of-way for Capital Avenue extended. However, it has not been developed to current standards and does not connect Pancheri Drive and Yellowstone Highway. The Idaho Falls Public Works Department believes a road in this Study Area which connects with the Capital Avenue at a signalized intersection will benefit the overall transportation network in this area of the city. This criterion is met. Conditions which retard development of the area. Infrastructure deficiencies such as the lack of a modern street with street lights and sidewalks and inadequate water and sewer utilities retard redevelopment in the Study Area. This criterion is met. Economic disuse or underdeveloped property. Although the Study Area is centrally located in Idaho Falls and at the intersection of two arterial streets, almost sixty percent of the Study Area is vacant or underutilized. Three parcels are used for outdoor storage. A convenience store has been converted to a used car lot due to access issues at the busy intersection of Yellowstone Highway and Pancheri Avenue. One larger parcel near the intersection of Pancheri Avenue and Yellowstone Highway has been vacant for over twenty years. Other major properties have been vacant for six to ten years. There has been no interest in restoring the industrial or heavy commercial uses previously found in the Study Area. This criterion is met. Substantially impairs or arrests the sound growth of the municipality. The long-range plan of the City of Idaho Falls is to have a thriving mixed-use corridor along the Snake River, a corridor which houses facilities for visitors and residents such as motels, restaurants, and entertainment businesses and higher density housing and supportive businesses. The Study Area was an industrial area which housed a meat processing business, a lumber yard, an office and open storage for a construction business, an oil distribution business, and a small motel. The lumber yard is gone as is the construction business, and the factory supporting the meat processing business in closed. The former land uses no longer support the vision of the community. Without substantial investment, both private and public, the Study Area will remain underutilized. This criterion is met. Below and on the following page are two aerial photos, one from 1992 and one from 2016, Pancheri East Bank Eligibility Report, Idaho Falls Redevelopment Agency 12 which illustrate the changes in land use and the increase in vacant land in the Study Area. 1992 Aerial Photo of Pancheri East Bank Study Aerial. Pancheri East Bank Eligibility Report, Idaho Falls Redevelopment Agency 13 2016 aerial photo of Pancheri East Bank Study Area. Pancheri East Bank Eligibility Report, Idaho Falls Redevelopment Agency 14 Conclusion The proposed Pancheri East Bank urban renewal area meets the criteria for eligibility under Idaho Code Sections 50-2008(d), 50-2018(9) and 50-2903(8)(b). The Study Area is characterized by an inadequate street, vacant lands, inadequate utilities, and a faulty lot layout for modern development. The area in its present condition impairs the growth and development of Idaho Falls. Criterion Criterion Characteristics Supporting Finding Met? Substantial deterioration of Yes Much of the Study Area is presently vacant, and site former parking areas and travel ways were never developed to meet current standards. Many are now deteriorated. Defective street layout or Yes There is no public street though the Study Area. inadequate street layout Access depends primarily on private driveways which do not meet current standards. The right-of- way for Capital Avenue extended does not meet current standards for a public street. Faulty lot layout Yes A large portion of Study Area does not have dedicated access to an improved street. The parcels are shaped irregularly. There are no dedicated easements for public utilities. Lots adjacent to Yellowstone Highway may not have the depth or width for modern development. Diversity of ownership No Unusual conditions of title No None known Tax delinquency No None known Unsafe conditions Yes Pedestrian facilities on Yellowstone Highway are deficient. Without a developed street in the area, there are no street lights or pedestrian facilities in the interior of the Study Area. The water main is not looped. Pancheri East Bank Eligibility Report, Idaho Falls Redevelopment Agency 15 Outmoded street patterns Yes There is no street pattern to serve these 36 acres or to connect the area with surrounding neighborhood. Unsuitable topography Yes A slope is located approximately 200 feet west of Yellowstone Highway. About half of the area is covered by the 500 year floodplain. Neither condition will prohibit development but may increase development costs and maintenance costs. Age or obsolescence Yes Six buildings are over 60 years. Almost 60% of the acreage in private parcels is vacant or underutilized. Former industrial and heavier commercial uses have moved from the area: the properties have failed to redevelop. Lack of correlation with Yes Capital Avenue has not been extended into the streets in municipality Study Area. There is no street pattern which coordinates with the transportation network of this area of Idaho Falls. Conditions which retard Yes The lack of both a developed public street and development of the area water and sewer utilities which meet current standards hinder redevelopment of the area. Economic Yes Although the Study Area lies next to the Snake underdevelopment of the River and at the intersection of two arterial streets, area the amount of vacant land has been increasing over the past thirty years. Private reinvestment has been very limited. Arrests or impairs the sound Yes Industrial and heavy commercial users have growth of the municipality abandoned this Study Area and left major vacancies. Substantial public and private investments are needed to redevelop the Study Area and implement the long-range plan of the city. Without assistance, sound growth will be impaired in this central portion of the city. Pancheri East Bank Eligibility Report, Idaho Falls Redevelopment Agency 16 SOURCES AND REFERENCES FOR ELIGIBILITY REPORT Thank you to Kerry Beutler, Assistant Planning Director, and Caitlin Long, Planner 1, Idaho Falls Community Development Services, for their assistance in completing this report. 1. Bonneville County Parcel Viewer. Value of improvements and age of buildings based on tax assessment date found on parcel viewer, 2021-22. 2. Idaho Flood Hazard Map. 3. Valuation Department, Bonneville County, telephone call with Naomi, December 16, and December 20, 2021. 4. Data Processing, Bonneville County, D. Whillock, email, January 7, 2021. 5. Kerry Beutler, Idaho Falls Community Development Services, email, December 10, 2021. 6. Imagine IF, proposed comprehensive plan for the City of Idaho Falls, pgs. 68-70, 90- 91, 107, 112. 7. Photos, Kerry Beutler, December 10, 2021. 8. Photos, Renee Magee, December 31, 2005. 9. Harlan Mann, Preliminary Urban Renewal Eligibility Report, South of Pancheri Drive, February 14, 2007. 10. Exhibit C-1, City of Idaho Falls, Idaho, Comprehensive Annual Financial Report, September 30, 2019. https://www.idahofallsidaho.gov/Archive/ViewFile/Item/4528 11. 1992, 2000, 2012, and 2016 aerial photos of Idaho Falls. Community Development Services, City of Idaho Falls. 12. Email from water and sewer department superintendents to Kerry Beutler, December, 2021. On-line references for above sources: Bonneville Parcel Viewer: https://www.arcgis.com/apps/webappviewer/index.html?id=f5f27c3e084449c3b933b019a9b744 4b Idaho Flood Hazard Map. https://idwr.maps.arcgis.com/apps/webappviewer/index.html?id=c8b7dc8f90a147d19455bdc92b 81410a 4884-7553-4345, v. 3 Pancheri East Bank Eligibility Report, Idaho Falls Redevelopment Agency 17 Legal Department: Record Retention Resolution RESOLUTION NO. 2022- A RESOLUTION OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, PROVIDING FOR DEFINITION, CLASSIFICATION, AND RETENTION OF CERTAIN PUBLIC RECORDS PURSUANT TO IDAHO CODE AND COUNCIL POLICY; AND PROVIDING THAT THIS RESOLUTION BE EFFECTIVE UPON ITS PASSAGE, APPROVAL, AND PUBLICATION ACCORDING TO LAW. WHEREAS, the Idaho Code allows for the classification, retention, preservation, and destruction of certain records as “historical”, “permanent”, “semipermanent” and “temporary” records; and WHEREAS. Idaho Code requires the Council adopt by Resolution a Records Retention Schedule listing the various types of City records and the retention period for each type of records; and WHEREAS, the City has made a survey of all its records and has reviewed current Idaho Code regarding classification of records; and WHEREAS, the Council has determined that the records categorizations and respective retention schedules, as set out in Idaho Code § 50-907, is appropriate for the City to adopt, with some minor clarifications; and WHEREAS, the City wishes to classify some writings, documents, and other similar City information as neither “historical records”, “permanent records”, “semipermanent records” or “temporary records” because they are ephemeral and have no reasonable intrinsic, historical, or other value which requires retention; and WHEREAS, Council is confident that the City Clerk and City Attorney (with the input of relevant City staff) can make determinations regarding those records not considered “historical records”, “permanent records”, “semipermanent records”, or “temporary records”, as those terms are defined in Idaho Code Title 50, Chapter 9; and WHEREAS, the Council desires to make minor changes in Resolution 2016-22 to accommodate increased usage of City Media Recordings and Police Department Media Recordings, as those terms are defined in this Resolution. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF IDAHO FALLS, AS FOLLOWS: CITY OF IDAHO FALLS RECORDS RETENTION SCHEDULE I. Historical Records. RECORDS RETENTION SCHEDULE RESOLUTION 2.18.22 PAGE 1 OF 6 A. The following records shall be classified as historical records: Records which, due to age or cultural significance, are themselves artifacts of historical value. Such records have enduring value based on the administrative, legal, fiscal, evidential, or historical information they contain. The City Clerk, in consultation with the City Attorney and those who have specialized interest or knowledge (which may include the Idaho State Historical Society, the Bonneville County Historical Society, and the Idaho Falls Heritage Association) in the nature of historical records, shall determine which records shall be considered “historical records” for purposes of this Records Retention Schedule and may confirm such classification with the Council, where appropriate. B. Retention Schedule. Historical records shall be retained by the City in perpetuity or may be transferred to the Idaho State Historical Society’s permanent records repository pursuant to Idaho Code 67- 4126(8) and (9), upon separate Resolution of the Council. II. Permanent Records. A. The following records shall be classified as permanent records: 1. Adopted meeting minutes of the City Council and City boards and commissions; 2. Ordinances and Resolutions; 3. Building plans and specifications for commercial projects and government buildings; 4. Fiscal year-end financial reports; 5. Records affecting the title to real property or liens thereon; 6. Cemetery records of lot ownership, headstone inscriptions, interment, exhumation and removal records, cemetery maps, plot plans, and 22 surveys; 7. Poll books, excluding optional duplicate poll books used to record that the elector has voted, tally books, sample ballots, campaign finance reports, declarations of candidacy, declarations of intent, notices of election, and records of voting results by precinct; and 8. Executed contracts. B. Retention Schedule. Permanent records shall be retained by the City in perpetuity or may be transferred to the Idaho State Historical Society’s permanent records repository upon Resolution of the City RECORDS RETENTION SCHEDULE RESOLUTION 2.18.22 PAGE 2 OF 6 Council authorizing such transfer. III. Semi-permanent Records. A. The following records be classified as semipermanent records: 1. Claims, canceled checks, warrants, duplicate warrants, purchase orders, vouchers, duplicate receipts, utility, and other financial records; 2. Building applications for commercial projects and government buildings; 3. License applications; 4. Departmental reports; and 5. Bonds and coupons. B. Retention Schedule. Semipermanent records shall be kept for not less than five (5) years after the date of issuance or completion of the matter contained within such semipermanent record. Semipermanent records may only be destroyed by Resolution of the City Council, and upon the advice of the City Attorney. Such disposition shall be under the direction and supervision of the City Clerk. The Resolution ordering destruction of semipermanent records shall list in detail such semipermanent records to be destroyed. Prior to destruction of semipermanent records, the City Clerk shall provide written notice, including a detailed list of the semipermanent records proposed for destruction, to the Idaho State Historical Society thirty (30) days prior to the destruction of any records. IV. Temporary Records. A. The following records be classified as temporary records: 1. Building applications, plans, and specifications for noncommercial and nongovernment projects after the structure or project receives final inspection and approval; 2. Cash receipts subject to audit; 3. Election ballots and duplicate poll books; 4. The most current draft of an unexecuted contract until such contract is executed: and 5. Records which are normally believed to be the subject of litigation discovery and determined to be so after consultation with the City Attorney. RECORDS RETENTION SCHEDULE RESOLUTION 2.18.22 PAGE 3 OF 6 B. Retention Schedule. Temporary records shall be retained for not less than two (2) years, but in no event shall financial records be destroyed until completion of the City's financial audit as provided in Idaho Code § 67-450B related to such financial records. Temporary records may only be destroyed by Resolution of the City Council, and upon the advice of the City Attorney. Such disposition shall be under the direction and supervision of the City Clerk. The Resolution ordering destruction of temporary records shall list in detail such temporary records to be destroyed. Prior to destruction of temporary records, the City Clerk shall provide written notice including a detailed list of the temporary records proposed for destruction, to the Idaho State Historical Society thirty (30) days prior to the destruction of any records. V. City Media Recordings. A. The following records shall be classified as City Media Recordings. Digital recordings created by the City that contain and preserve a record of visual or audible components or both and shall not consist of “Police Department Media Recordings,” as defined in Section VI of this Resolution. B. Retention Schedule. A City Media Recording that is associated with a law enforcement report or prosecution within thirty (30) days of its initial recording date shall be classified and retained as a “permanent record,” a “semi-permanent record,” or a “temporary record,” pursuant to this Resolution. All other City Media Recordings shall be retained for not less than one hundred twenty (120) days from the initial recording date and may be automatically deleted or overwritten at any time thereafter. VI. Police Department Media Recordings. A. The following records shall be classified as Police Department Media Recordings. Digital recordings created by the City Police Department in the performance of its duties that contain and preserve a record of visual or audible components or both. Use of a continuous loop recording system or similar system by the City Police Department which allows events to be memorialized (e.g., commonly used in police vehicles or in body cameras) does not comprise a Police Department Media Recording until the actual recording process is activated and memorializes an event. B. Retention Schedule. A Police Department Media Recording that is associated with a law enforcement report or prosecution within thirty (30) days of initial recording shall be classified and retained as a RECORDS RETENTION SCHEDULE RESOLUTION 2.18.22 PAGE 4 OF 6 “permanent record,” a “semi-permanent record,” or a “temporary record,” pursuant to this Resolution. All other Police Department Media Recordings shall be retained for not less than one hundred twenty (120) days from the initial recording date and may be automatically deleted or overwritten at any time thereafter. VII. Ephemera. A. The following shall not be considered records: Writings, documents, and other similar City information not classified as “historical records”, “permanent records”, “semipermanent records”, or “temporary records” herein shall not be considered “records” for the purposes of retention pursuant to this Records Retention Schedule. Such non-“record” writings, documents, and other similar City information include, but are not limited to, document drafts, “post-it” notes, duplicates of records (unless they are controlled by Idaho Code Title 50, Chapter 9), phone call slips, voice mail, “to-do” lists, telephone text messages, and email not related to the conduct or promotion of the business of City government, and other ephemera used only for temporary transition, transitory purposes, and not intended to be other than briefly helpful. B. Retention Schedule. Writings, documents, and other similar City information which, in the reasonable belief of the recipient or custodian which do not have any historical, intrinsic or other value, and records which are not reasonably believed to be the subject of litigation discovery shall not be considered “records” for purposes of this Records Retention Schedule and shall not be required to be a subject of a Resolution authorizing their destruction. VIII. Where there is a question regarding whether something is a “record”; the classification of a record; or retention of a record; such questions are to be directed to the City Clerk and/or the City Attorney prior to any destruction. IX. Where the City Clerk determines, in his or her best judgement and based upon acceptable practices, a non-paper reproduction of a record is appropriate, the City Clerk shall create, retain, or destroy such non-paper copies of a City record pursuant to Title 50, Chapter 9, of the Idaho Code. X. City Resolution 2016-22 is hereby repealed in its entirety and shall have no effect following the passage of this Resolution. XI. This Resolution shall become effective as of __________________, 2022. ADOPTED this ______ day of ______________, 2022. RECORDS RETENTION SCHEDULE RESOLUTION 2.18.22 PAGE 5 OF 6 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 Resolution entitled, “A RESOLUTION OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, PROVIDING A DEFINITION, CLASSIFICATION, AND RETENTION OF CERTAIN PUBLIC RECORDS PURSUANT TO IDAHO CODE AND COUNCIL POLICY; AND PROVIDING THAT THIS RESOLUTION BE EFFECTIVE UPON ITS PASSAGE, APPROVAL, AND PUBLICATION ACCORDING TO LAW.” ____________________________________ Kathy Hampton, City Clerk (SEAL) RECORDS RETENTION SCHEDULE RESOLUTION 2.18.22 PAGE 6 OF 6 Mayor and Council: Public Comment Guidelines for Public Comment Welcome to the Idaho Falls City Council meeting. City Council Meetings are open to any member of the general public either in person or via live stream on the City’s website. Please be aware that the meeting agenda may differ at times because amendments to the agenda may be made by the City Council during the meeting. The City Council encourages public participation. The public is always welcome to contact their City Council representative via mail, e-mail or telephone, as listed on the city website. Various social media platforms and texting may also be used where available. While general public comment in city meetings is not required by Idaho law, the City Council welcomes general public comment as part of its regular City Council meeting. General public comment may be allowed for up to 20 minutes on the agenda. Public comment may also be submitted in writing or via e-mail to the City Clerk prior to the meeting. Written testimony can also be submitted at the meeting. The City of Idaho Falls seeks to provide an atmosphere that promotes equal opportunities and is free from all forms of discrimination or harassment. All those who wish to speak during the public comment period should please adhere to the following guidelines: • Public comment may be allowed for up to three (3) minutes for each individual. • When addressing the City Council, please state your name and address. • Those who wish to speak as part of a large group are encouraged to select a representative to speak on behalf of the group. • To preserve time for others who may wish to offer comment, please refrain from repeating information that has already been shared with the City Council during the public comment period. • Please practice civility and courtesy. The City Council has both a right and a responsibility to maintain order and decorum during the meeting. Time may be altered for those whose comments are profane or disruptive. • For legal reasons, the City Council may not hear public comment on matters currently pending before the City’s Planning & Zoning Commission, or pending City Enforcement Actions, pending personnel disciplinary actions, or other matters that require legal due process. • Comments that pertain to activities or performance of individual City employees should be shared directly with the City’s Human Resources Director (208-612-8248), the City Attorney’s Department (208-612-8178), or with the Office of the Mayor (208-612-8235). • To be most effective, public comments should be related to matters within the purview of the City Council. • City Council members typically will not entertain questions or engage in dialogue with those providing comment.

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