City Council

AUGUST 27, 2015 The City Council of the City of Idaho Falls met in Regular Council Meeting, Thursday, August 27, 2015, in the Council Chambers in the City Annex Building located at 680 Park Avenue in Idaho Falls, Idaho at 7:30 p.m. There were present: Mayor Rebecca Casper Councilmember Sharon D. Parry Councilmember Barbara Ehardt Councilmember Thomas Hally (by phone) Councilmember David M. Smith Councilmember Ed Marohn Absent: Councilmember Michael Lehto Also present: Randy Fife, City Attorney Kathy Hampton, City Clerk All available Department Directors Mayor Casper invited Police Chief Mark McBride to come forward and lead those present in the Pledge of Allegiance. Awards and Presentations: Chief McBride stated in 2002 Cady Tucker, who was a student at Hope Lutheran, passed away from an automobile accident. Since that time Cady’s family has provided a yearly scholarship based on traffic safety. This year’s recipient is Kylie Eaton, a 6th grader at Hope Lutheran School. Ms. Eaton presented her traffic safety project, SeeClickFix, stating this is an electronic app used for reporting various traffic safety issues. Mayor Casper requested any public comments not related to items on the agenda. No one appeared. In accordance with Idaho State Code §74-204, it was moved by Councilmember Marohn, seconded by Councilmember Smith, to amend the Regular Agenda 6.C.1. to include a memo from the Human Resources Department for consideration of the revised Group Health Insurance and Vision Rate Sheet with Blue Cross of Idaho for the 2015-16 Plan Year. Councilmember Marohn stated the good faith reason - in order to meet the Affordable Care Act requirements regarding notifying the employees within 30 days of any plan changes, the City needs to begin sending notices to employees on August 28, 2015. Because of this tight deadline it is necessary to request that the City Council amend the agenda to include this item for consideration. Roll call as follows: Aye: Councilmember Ehardt Councilmember Marohn Councilmember Hally Councilmember Parry Councilmember Smith Nay: None 1  AUGUST 27, 2015 Motion carried. CONSENT AGENDA ITEMS: The City Clerk requested approval of Minutes from the July 15, 2015, Budget Work Session and the July 20, 2015, Budget Work Session. The City Clerk requested approval of License Applications, all carrying the required approvals. The City Clerk requested Council ratification for the publication of legal notices calling for public hearings on August 27, 2015. It was moved by Councilmember Marohn, seconded by Councilmember Ehardt, to approve all items on the Consent Agenda according to recommendations presented. Roll call as follows: Aye: Councilmember Marohn Councilmember Ehardt Councilmember Hally Councilmember Parry Councilmember Smith Nay: None Motion carried. REGULAR AGENDA ITEMS: Idaho Falls Power submitted the following item for Council consideration: MEMORANDUM To: Mayor Casper and City Council From: Jackie Flowers, General Manager Subject: Carbon Free Power Project Agreement with Utah Associated Municipal Power Systems As part of its Smart Energy program, Utah Associated Municipal Power Systems (UAMPS) is investigating non-carbon emitting energy sources as a hedge against carbon dioxide regulations that my impose cost burdens on existing fossil fueled resources. One of the sources is a small modular reactor. In June 2013, UAMPS, Energy Northwest, and NuScale entered into a teaming agreement related to development of the project. The Department of Energy has identified NuScale's technology, with UAMPS as a utility partner, as an eligible recipient for small modular reactor licensing technical support and cost-share support for UAMPS site permitting activities and combined construction and operating license activities. The DOE cost-share will be for up to 50% of the site permitting activities and combined construction and operating license activities. The attached agreement is for the siting phase work which will be conducted in a phased-approach. The City Attorney has reviewed the document. Idaho Falls Power respectfully requests that the City Council approved the Carbon Free Power Project Study Phase Siting Agreement with UAMPS, at a site share amount of 10,000 kilowatts, and authorize the Mayor to execute the document. 2  AUGUST 27, 2015 Director Flowers stated this agreement is the beginning stages of base-load energy. She stated this first phase will take place for approximately two (2) years and there is national interest in this project. She briefly explained responsibilities of UAMPS and the Nuclear Regulatory Commission (NRC). It was moved by Councilmember Ehardt, seconded by Councilmember Marohn, to approve the Carbon Free Power Project Study Phase Siting Agreement with UAMPS and give authorization for the Mayor to sign and execute necessary documents. Roll call as follows: Aye: Councilmember Ehardt Councilmember Marohn Councilmember Hally Councilmember Parry Councilmember Smith Nay: None Motion carried. Public Works submitted the following items for Council consideration: MEMORANDUM To: Honorable Mayor & City Council From: Chris H Fredericksen, Public Works Director Subject: Bid Award – Sanitary Sewer Rehabilitation – 2015 On August 18, 2015, bids were received and opened for Sanitary Sewer Rehabilitation – 2015 project. A tabulation of bid results is attached. Engineer’s Estimate Pipeline Inspection Services Total Base Bid Schedule $95,505.00 $83,825.00 Total Additive Alternate Bid Schedule No. 1 $41,090.00 $33,738.00 Total Base Bid plus Add. Alt. Bid Schedule No. 1 $136,595.00 $117,563.00 Public Works recommends approval of the plans and specifications, award to the lowest responsive, responsible bidder, Pipeline Inspection Services, in an amount of $117,563.00 and, authorization for the Mayor and City Clerk to sign contract documents. s/ Chris H Fredericksen It was moved by Councilmember Ehardt, seconded by Councilmember Marohn, to approve the plans and specifications, award to the lowest responsive, responsible bidder, Pipeline Inspection Services, in an amount of $117,563.00 and authorize the Mayor and City Clerk to sign contract documents. Roll call as follows: Aye: Councilmember Parry Councilmember Marohn Councilmember Smith Councilmember Hally Councilmember Ehardt Nay: None 3  AUGUST 27, 2015 Motion carried. MEMORANDUM To: Honorable Mayor & City Council From: Chris H Fredericksen, Public Works Director Subject: Bid Authorization – Eastside Greenbelt Pathway – Broadway to Riverside Drive Public Works requests approval to solicit bids for the Eastside Greenbelt Pathway, Broadway to Riverside Drive project. s/ Chris H Fredericksen Parks and Recreation Director Greg Weitzel appeared and stated a portion of unused roadway repairs funds, with the approval of Director Fredericksen, could be used for this project. This project is part of the Connecting Our Community plan. Director Weitzel restated this request is only to solicit bids for the project. After brief discussion it was moved by Councilmember Ehardt, seconded by Councilmember Marohn, to solicit bids for the Eastside Greenbelt Pathway, Broadway to Riverside Drive project. Roll call as follows: Aye: Councilmember Parry Councilmember Ehardt Councilmember Smith Councilmember Marohn Councilmember Hally Nay: None Motion carried. MEMORANDUM To: Honorable Mayor & City Council From: Chris H Fredericksen, Public Works Director Subject: City Ordinance Revision – Title 8, Chapter 6, Sanitation Service Attached is a proposed revision prepared by the City Attorney to the city ordinance addressing Sanitation Service. The proposed revision reflects required changes due to implementation of automated residential garbage removal. Public Works recommends approval of this ordinance; and, authorization for Mayor and City Clerk to sign the necessary documents. s/ Chris H Fredericksen Councilmember Ehardt stated this ordinance could be revised several times in the future as the automated system is implemented. It was moved by Councilmember Ehardt, seconded by Councilmember Marohn, to approve the city ordinance revision Title 8, Chapter 6, under the suspension of the rules requiring three complete and separate readings and that it be read by title and published by summary. Roll call as follows: 4  AUGUST 27, 2015 Aye: Councilmember Hally Councilmember Smith Councilmember Ehardt Councilmember Marohn Councilmember Parry Nay: None Motion carried. At the request of Mayor Casper, the City Clerk read the Ordinance by title only, as follows: ORDINANCE NO. 3018 AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, AMENDING TITLE 8, CHAPTER 6 TO ESTABLISH REGULATIONS REGARDING THE CITY’S MECHANICAL SOLID WASTE CONTAINER PICK UP SYSTEM; INCLUDING DEFINITIONS; CONTAINER SIZE, WEIGHT, REPAIR AND REPLACEMENT REQUIREMENTS; RELATED FEES AND CHARGES; PROVIDING SEVERABILITY, CODIFICATION, PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE. Human Resources submitted the following item for Council consideration: MEMORANDUM After American Insurance received the updated third quarter utilization report and the retention information about 1½ weeks ago, Mr. AJ Argyle recognized some concerns with the 2015-16 plan renewal, which was about a 9.6 percent increase. Much time and effort was spent last week working with Blue Cross to arrive at a new renewal rate. After much time and effort spent last week working with Blue Cross of Idaho, a new renewal rate of 4% was offered. Attached for your consideration is the Group Health Insurance Rate Sheet with Blue Cross of Idaho reflecting the 4% increase. The proposed rates will take effect October 1, 2015. It was moved by Councilmember Marohn, seconded by Councilmember Ehardt, to authorize the Mayor to sign the City of Idaho Falls Group Health Insurance and Vision Rate Sheet with Blue Cross of Idaho for the 2015-16 Plan Year. Roll call as follows: Aye: Councilmember Parry Councilmember Ehardt Councilmember Hally Councilmember Smith Councilmember Marohn Nay: None Motion carried. Community Development Services Department submitted the following items for Council consideration: MEMORANDUM To: Honorable Mayor and City Council 5  AUGUST 27, 2015 From: Brad Cramer, Community Development Services Director Subject: Amendments to Plumbing License Code Attached is an ordinance to modify the City's Plumbing Licensing Code. The City currently requires a plumbing license for plumbing contractors. The State of Idaho also requires a license with the same or similar requirements. The proposed ordinance change eliminates the City requirement for a plumbing license. The proposed ordinance also removes the requirement for the City to have a designated plumbing inspector. Staff respectfully requests approval of the ordinance. Reggie Fuller, Building Official, stated this is a duplicate license of the State requirements. Director Cramer clarified ‘designated plumbing inspector’ should have read ‘appointed plumbing inspector’. It was moved by Councilmember Parry, seconded by Councilmember Marohn, to approve the ordinance for revision of the City’s Plumbing Licensing Code under the suspension of the rules requiring three complete and separate readings and that it be read by title and published by summary. Roll call as follows: Aye: Councilmember Smith Councilmember Hally Councilmember Parry Councilmember Ehardt Councilmember Marohn Nay: None Motion carried. At the request of Mayor Casper, the City Clerk read the Ordinance by title only, as follows: ORDINANCE NO. 3019 AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, AMENDING TITLE 4, CHAPTER 11, BY ELIMINATING THE REQUIREMENTS FOR A CITY PLUMBING LICENSE AND MINOR EDITS RELATED THERETO; PROVIDING SEVERABILITY, CODIFICATION, PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE. MEMORANDUM To: Honorable Mayor and City Council From: Brad Cramer, Community Development Services Director Subject: Amendments to the Ordinance Adopting the National Electric Code The City of Idaho Falls is required to adopt the same National Electric Code as the State of Idaho. The City's ordinance currently references a specific reference to the edition of the code the City has adopted. The attached ordinance eliminates this reference in order to avoid discrepancies and require frequent ordinance modifications. Staff respectfully requests approval of the ordinance. Mr. Fuller briefly explained the amendments to the Code. It was moved by Councilmember Parry, seconded by Councilmember Marohn, to approve the amendments to the ordinance adopting the National Electric Code under the suspension of the rules 6  AUGUST 27, 2015 requiring three complete and separate readings and that it be read by title and published by summary. Roll call as follows: Aye: Councilmember Smith Councilmember Marohn Councilmember Ehardt Councilmember Hally Councilmember Parry Nay: None Motion carried. At the request of Mayor Casper, the City Clerk read the Ordinance by title only, as follows: ORDINANCE NO. 3020 AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, AMENDING TITLE 7, CHAPTER 8, SECTION 1, OF THE IDAHO FALLS CITY CODE TO ALLOW THE CLERK TO RETAIN A COPY OF THE EDITION OF THE NATIONAL ELECTRICAL CODE ADOPTED BY THE CITY FOR USE AND EXAMINATION BY THE PUBLIC; PROVIDING SEVERABILITY, CODIFICATION, PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE. MEMORANDUM To: Honorable Mayor and City Council From: Brad Cramer, Community Development Services Director Subject: Final Plat, Development Agreement, and Reasoned Statement of Relevant Criteria and Standards, Heritage Hills Division No. 2 Attached is the application for Final Plat, Development Agreement, and Reasoned Statement of Relevant Criteria and Standards, for Heritage Hills Division No. 2. The Planning and Zoning Commission considered this item at its June 16, 2015, meeting and recommended approval with the condition that left and right hand turn lanes be constructed on East River Road at Independence Drive prior to issuance of permits within the Division and that a note be placed on the Final Plat indicating that the development is within the Idaho Falls Regional Airport noise impact area. Staff concurs with these recommendations and recommends approval of the application. The application is now being submitted to the Mayor and City Council for consideration. Director Cramer appeared to explain this application request. Following is a list of exhibits used in connection with this request: Slide 1: Final Plat of property Slide 2: Aerial photo of vicinity map Slide 3: Additional aerial photo of vicinity map Slide 4: Photo of overlay with the preliminary plat Slide 5: Photo of final plat Slide 6: Photo looking west at end of Independence Drive Slide 7: Photo looking north across the property Slide 8: Photo looking south across the property Director Cramer stated due to the size of these 14 lots a secondary fire access was required. 7  AUGUST 27, 2015 It was moved by Councilmember Parry, seconded by Councilmember Marohn, to approve the Development Agreement for Heritage Hills Division No. 2, and give authorization for the Mayor and City Clerk to execute the necessary documents. Roll call as follows: Aye: Councilmember Marohn Councilmember Ehardt Councilmember Hally Councilmember Parry Councilmember Smith Nay: None Motion carried. It was moved by Councilmember Parry, seconded by Councilmember Marohn, to accept the Final Plat for Heritage Hills Division No. 2, and give authorization for the Mayor, City Engineer, and City Clerk to sign said Final Plat. Roll call as follows: Aye: Councilmember Smith Councilmember Hally Councilmember Parry Councilmember Ehardt Councilmember Marohn Nay: None Motion carried. It was moved by Councilmember Parry, seconded by Councilmember Marohn, to approve the Reasoned Statement of Relevant Criteria and Standards for the Final Plat for Heritage Hills Division No. 2, and give authorization for the Mayor to execute the necessary documents. Roll call as follows: Aye: Councilmember Hally Councilmember Marohn Councilmember Parry Councilmember Smith Councilmember Ehardt Nay: None Motion carried. MEMORANDUM To: Honorable Mayor and City Council From: Brad Cramer, Community Development Services Director Subject: Annexation with Initial Zoning of C-1, Final Plat, Annexation Agreement, Annexation Ordinance, Zoning Ordinance, and Reasoned Statements of Relevant Criteria and Standards for Snake River Landing Division No. 9 Attached is the application for Annexation with Initial Zoning of C-1, Final Plat, Annexation Agreement, Annexation Ordinance, Zoning Ordinance, and Reasoned Statements of Relevant Criteria and Standards 8  AUGUST 27, 2015 for Snake River Landing Division No. 9. The Planning and Zoning Commission considered this application at its June 16, 2015, meeting and recommended approval by a 5-1 vote. Staff concurs and recommends approval of the application. This item is now being submitted to the Mayor and City Council for approval. Mayor Casper opened the public hearing and stated all slides, Planning and Zoning Commission minutes, and staff reports be entered into the record. Director Cramer appeared to explain this application request. Following is a list of exhibits used in connection with this request: Slide 1: Zoning map of property Slide 2: Comprehensive Plan Future Land Use Map Slide 3: Aerial photo of vicinity map Slide 4: Additional aerial photo of vicinity map Slide 5: Aerial photo of final plat overlay with annexation Slide 6: Photo of final plat of lot Slide 7: Photo of final plat of roadway Slide 8: Photo looking northeast from Pioneer Road Slide 9: Photo looking southeast from Pioneer Road Slide 10: Photo looking west from Event Center Drive Slide 11: Photo looking southwest from Whitewater Drive Slide 12: Photo looking east from Whitewater Drive Slide 13: Photo looking south from Whitewater Drive Slide 14: Photo looking east along Pioneer Road from north end of property Slide 15: Photo looking south along Pioneer Road from north end of property Slide 16: Photo looking east toward Snake River Landing Slide 17: Photo looking north along Pioneer Road from north end of property Director Cramer stated a small triangular portion of land is County owned. He explained the ownership process of roadways and the traffic flows, stating a portion of the roadway is owned by County. Mayor Casper requested any public comment. Clint Boyle, 901 Pier View Drive #205, Idaho Falls, Idaho appeared. Mr. Boyle stated this project has been in the process for numerous years and is another step forward in bringing the Event Center to Idaho Falls. Mr. Boyle made several introductions, including those involved parties who are donating this property to the Auditorium District, stating this donation is through a land donation agreement. Mr. Boyle briefly explained the process/history of this property, including the time line, Planning and Zoning Commission issues, traffic study and analysis, and right-of-way dedications. Further discussion followed regarding the right-of-way. Mayor Casper closed the public hearing. It was moved by Councilmember Parry, seconded by Councilmember Marohn, to approve the Annexation Agreement for Snake River Landing Division No. 9, and give authorization for the Mayor and City Clerk to execute the necessary documents. Roll call as follows: Aye: Councilmember Ehardt Councilmember Parry Councilmember Smith Councilmember Marohn Councilmember Hally 9  AUGUST 27, 2015 Nay: None Motion carried. It was moved by Councilmember Parry, seconded by Councilmember Marohn, to approve the Ordinance annexing Snake River Landing Division No. 9, under the suspension of the rules requiring three complete and separate readings and that it be read by title and published by summary. Roll call as follows: Aye: Councilmember Parry Councilmember Ehardt Councilmember Hally Councilmember Smith Councilmember Marohn Nay: None Motion carried. At the request of Mayor Casper, the City Clerk read the Ordinance by title only, as follows: ORDINANCE NO. 3021 AN ORDINANCE ANNEXING CERTAIN LANDS OF APPROXIMATELY 29.328 ACRES TO THE CITY OF IDAHO FALLS; DESCRIBING SUCH LANDS; AMENDING THE CITY MAP; AMENDING THE LEGAL DESCRIPTION OF THE CITY WITH THE APPROPRIATE COUNTY AND STATE AUTHORITIES; AND PROVIDING SEVERABILITY, PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE. It was moved by Councilmember Parry, seconded by Councilmember Marohn, to approve the Reasoned Statement of Relevant Criteria and Standards for the annexation of Snake River Landing Division No. 9, and give authorization for the Mayor to execute the necessary documents. Roll call as follows: Aye: Councilmember Marohn Councilmember Ehardt Councilmember Hally Councilmember Parry Councilmember Smith Nay: None Motion carried. It was moved by Councilmember Parry, seconded by Councilmember Marohn, to approve the Ordinance assigning a Comprehensive Plan Designation as Greenbelt Mixed Uses and establishing the initial zoning for Snake River Landing Division No. 9, as C-1 (Limited Business), under the suspension of the rules requiring three complete and separate readings and that it be read by title and published by summary, that the Comprehensive Plan be amended to include the area annexed herewith, and that the City Planner be instructed to reflect said annexation, zoning, and amendment to the Comprehensive Plan on the Comprehensive Plan and Zoning Maps located in the Planning Office. Roll call as follows: Aye: Councilmember Ehardt Councilmember Marohn 10  AUGUST 27, 2015 Councilmember Hally Councilmember Parry Councilmember Smith Nay: None Motion carried. At the request of Mayor Casper, the City Clerk read the Ordinance by title only, as follows: ORDINANCE NO. 3022 AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO; PROVIDING FOR THE INITIAL ZONING OF APPROXIMATELY 29.328 ACRES DESCRIBED IN SECTION 1 OF THIS ORDINANCE AS C-1 ZONE; ESTABLISHING A COMPREHENSIVE PLAN DESIGNATION AS “GREENBELT MIXED USES”; AND PROVIDING SEVERABILITY, PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE. It was moved by Councilmember Parry, seconded by Councilmember Marohn, to approve the Reasoned Statement of Relevant Criteria and Standards for the Initial Zoning of C-1 Limited Business Zoning for Snake River Landing Division No. 9, and give authorization for the Mayor to execute the necessary documents. Roll call as follows: Aye: Councilmember Parry Councilmember Marohn Councilmember Smith Councilmember Hally Councilmember Ehardt Nay: None Motion carried. It was moved by Councilmember Parry, seconded by Councilmember Marohn, to accept the Final Plat for Snake River Landing Division No. 9, and give authorization for the Mayor, City Engineer, and City Clerk to sign said Final Plat. Roll call as follows: Aye: Councilmember Parry Councilmember Ehardt Councilmember Smith Councilmember Marohn Councilmember Hally Nay: None Motion carried. It was moved by Councilmember Parry, seconded by Councilmember Marohn, to approve the Reasoned Statement of Relevant Criteria and Standards for the Final Plat for Snake River Landing Division No. 9, and give authorization for the Mayor to execute the necessary documents. Roll call as follows: Aye: Councilmember Hally 11  AUGUST 27, 2015 Councilmember Smith Councilmember Ehardt Councilmember Marohn Councilmember Parry Nay: None Motion carried. MEMORANDUM To: Honorable Mayor and City Council From: Brad Cramer, Community Development Services Director Subject: Public Hearing – Rezoning from R-2 to R-3, Zoning Ordinance, and Reasoned Statement of Relevant Criteria and Standards, Lots 35-48, Block 45, Crows Addition Attached is the application for Rezoning from R-2 to R-3, Zoning Ordinance, and Reasoned Statement of Relevant Criteria and Standards, Lots 35-48, Block 45, Crows Addition. The Planning and Zoning Commission considered this item at its July 7, 2015, meeting and recommended approval by unanimous vote. Staff concurs with this recommendation and recommends approval. This item is now being submitted to the Mayor and City Council for consideration. Mayor Casper opened the public hearing and stated all slides, Planning and Zoning Commission minutes, and staff reports be entered into the record. Director Cramer appeared to explain this application request. Following is a list of exhibits used in connection with this request: Slide 1: Zoning map of property Slide 2: Aerial photo of vicinity map Slide 3: Additional aerial photo of vicinity map Slide 4: Comprehensive Plan Future Land Use Map Slide 5: Photo of front of building Slide 6: Photos of 13th Street Slide 7: Photos of alley behind building Slide 8: Photos of parking lot Slide 9: Photos of Lee Avenue Director Cramer stated under the current zoning the only uses for the building would be residential, religious, educational, or a child care facility. He explained the uses allowed for an R-2, R-3, and PT-2 Zones. He indicated after staff discussion, staff recommended the R-3 Zone, stating the existing structure must be used while allowing protection to the historic preservation of the building. The building could be used as single-family or multi-family dwelling. Mayor Casper requested any public comment. Tyler Price, 540 11th Street, appeared as the applicant. He is requesting a rezoning for the intent of using the building as a culinary school. Steve Brown, 256 E. 13th Street, appeared. Mr. Brown stated he is also representing his mother, Carlene Brown, who lives at 190 12th Street. Mr. Brown believes the rezone request may be premature and if the rezoning occurs, it would be an incursion into the current zone. 12  AUGUST 27, 2015 Claudia Pine, 282 E. 13th Street, appeared. Ms. Pine stated the numbered streets are very diverse with historic values. She believes this rezoning would also be an incursion into the currently quiet neighborhood. Stephanie Rose, 150 11th Street, appeared. Ms. Rose stated the neighborhood is a mixed-use traditional neighborhood and has had close proximity with other businesses for many years. She believes the mixed-use and rezoning is appropriate. Shel Williams, 418 11th Street, appeared. Ms. Williams stated she has lived in the neighborhood for 11 years and recalled the small ‘mom and pop’ convenient stores. She believes in allowing small shops within the neighborhood. William Bauer, 150 11th Street, appeared. Mr. Bauer stated the State and the City has no incentives for historic preservation of buildings. He believes the R-3 Zone is appropriate. Hereschell Mynarcik, 258 Walnut Street, appeared. Mr. Mynarcik stated he lives next to the O.E. Bell building and has seen the rezoning effects of a historical building. He believes the rezoning has reduced the vandalism, the drug and crime rate and is in favor of the rezoning. Elise Hart, 484 12th Street appeared. Ms. Hart stated a rezoning can benefit a community and make them more self-sustaining. She believes only specific commercial opportunities would be interested in building within the neighborhood. She is in favor of the rezoning. Tom Beeda, 360 E. 13th Street, appeared. Mr. Beeda expressed his concern with the rezoning. He believes by definition, Mr. Price is not located in the ‘neighborhood’. He believes the plan is premature. Nancy Boland, 104 E. 14th Street, appeared. Ms. Boland believes the current zoning is not encouraging a change for the better. She believes the zoning change creates the habitat that will cause positive change. She is in favor of the rezone. Mr. Price re-appeared and stated he has a strategic plan for this building but would require a rezoning prior to investing any money in the building. Mr. Price stated he has a signed affidavit with the current owner for the rezoning, which Director Cramer confirmed. Director Cramer stated rezoning requests are made by applicants, not initiated by the City, and any Conditional Use Permits (CUPs) cannot happen without the approved rezoning. Mayor Casper closed the public hearing. After brief Council discussion it was moved by Councilmember Parry, seconded by Councilmember Marohn, to approve the Ordinance for rezoning from R-2 to R-3 for Lots 35-48, Block 45, Crows Addition, under the suspension of the rules requiring three complete and separate readings and that it be read by title and published by summary. Roll call as follows: Aye: Councilmember Smith Councilmember Hally Councilmember Parry Councilmember Ehardt Councilmember Marohn Nay: None Motion carried. 13  AUGUST 27, 2015 At the request of Mayor Casper, the City Clerk read the Ordinance by title only, as follows: ORDINANCE NO. 3023 AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO; PROVIDING FOR THE REZONING OF LOTS 35-48, BLOCK 45, CROWS ADDITION AS DESCRIBED IN SECTION 1 OF THIS ORDINANCE FROM R-2 ZONE WITH A PT-2 OVERLAY ZONE TO R-3 ZONE; AND PROVIDING SEVERABILITY, PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE. It was moved by Councilmember Parry, seconded by Councilmember Marohn, to approve the Reasoned Statement of Relevant Criteria and Standards for the rezoning from R-2 to R-3 for Lots 35-48, Block 45, Crows Addition, and give authorization for the Mayor to execute the necessary documents. Roll call as follows: Aye: Councilmember Smith Councilmember Marohn Councilmember Ehardt Councilmember Hally Councilmember Parry Nay: None MEMORANDUM To: Honorable Mayor and City Council From: Brad Cramer, Community Development Services Director Subject: Public Hearing – Conditional Use Permit for a Haunted Attraction as an Indoor Amusement and Reasoned Statement of Relevant Criteria and Standards, Lots 35-48, Block 45, Crows Addition Attached is the application for a Conditional Use Permit (CUP) for a Haunted Attraction as an Indoor Amusement and Reasoned Statement of Relevant Criteria and Standards, Lots 35-48, Block 45, Crows Addition. The Planning and Zoning Commission considered this item at its July 7, 2015, meeting and recommended approval with conditions as listed in the staff report as well the condition that the facility be limited to operate 4 days a week from 4-10 p.m. on weekdays and 4-11 p.m. on weekends, and that the parking lot be blocked from access to the adjacent alley. The Commission also stipulated that the parking requirements could be waived for this use and that failure to comply with any of the conditions would be grounds for revocation of the conditional use permit. The approval was made by a vote of 4-3. Staff concurs that the use could be permitted with appropriate conditions. This item is now being submitted to the Mayor and City Council for consideration. Mayor Casper opened the public hearing and stated all slides, Planning and Zoning Commission minutes, and staff reports be entered into the record. Director Cramer appeared to explain this application request. He stated he received several emails which were not included in the previous packet but he has provided copies for the record and also to the Councilmembers. Director Cramer stated this public hearing is for a specific use and requires specific criteria. He stated the Reasoned Statement of Relevant Criteria and Standards will need to be modified based on recommendations made by the Council. Following is a list of exhibits used in connection with this request: Slide 1: Zoning map of property 14  AUGUST 27, 2015 Slide 2: Aerial photo of vicinity map Slide 3: Additional aerial photo of vicinity map Slide 4: Site plan of previous application for current location Director Cramer stated the greatest concern of the neighbors for this CUP request is the parking lot not being utilized. One consideration from the Planning and Zoning Commission and staff was to utilize the parking lot to alleviate and mitigate parking issues, realizing it will not completely solve the parking concerns. The Commission researched statistics for haunted house attendance to possibly determine the number of participants related to the parking issues. Director Cramer stated 40 parking stalls could be installed on the site with reduced dimensional standards which he believes will alleviate the parking issues. Director Cramer indicated the hours of the haunted house described in the CUP application could also cause issues with the parking and has had discussion with Mr. Price regarding changing the hours of operation. Additional exhibits include: Slide 5: Photo of front of building Slide 6: Photos of 13th Street Slide 7: Photos of alley behind building Slide 8: Photos of parking lot Slide 9: Photos of Lee Avenue Slide 10: Requirements of the CUP 1-The use conducted only within existing buildings or structures locate on the premises at the time the application is made, without substantial exterior remodeling or expansion of the existing building or buildings. 2-The use contemplated is of such a nature that it may, with appropriate conditions be conducted on the premises without substantially disrupting the character of the surrounding area or materially conflicting with the general characteristics of the area designated in the Comprehensive Plan. Slide 11: Additional Conditions Recommended by Planning and Zoning Commission 1-Strong neighborhood support 2-Provide solution for parking shortage 3-No increase in outdoor lighting. Lighting to be shielded from adjacent properties 4-Noise to comply with other commercial zone standards: none discernible beyond the premises other than normal movement of automobile traffic 5-Plan for quieting of guests 6-Plan for keeping property and adjacent properties free from litter and debris 7-Attraction may only operate 4 nights per week for a period of 5 weeks (Last week of September through Halloween) 8-Hours shall be 4:00-10:00 p.m. on weeknights and 4:00-11:00 p.m. on weekends 9-Conditional Use Permit only valid for 3 years 10-All RSC-1 Zone maintenance requirements shall apply 11-Any buffering, if required, be installed between property and adjacent residences 12-The alley be blocked from access to or from the parking lot Director Cramer stated with staff’s recommendations the Haunted Attraction could operate but only for a limited time with regard to the days/hours of operation. Brief discussion followed. 15  AUGUST 27, 2015 Tyler Price, 540 11th Street, appeared for follow-up questions. Mr. Price indicated the days of operation were suggested from a consultant. Mr. Price stated upon approval of the rezoning the requested Haunted Attraction was his first option although he has alternate options for use of the building. He believes the Haunted Attraction could generate money needed to restore the building. Brief discussion followed regarding renovation of the building including fire access/exits. He indicated if the Haunted Attraction is approved, it would not be scheduled for operation for the current year. Mr. Price stated the parking concerns should never restrict business, realizing the parking can be an inconvenience. He stated he has had previous discussions with the neighborhood residents, indicating there is approval and opposition to the Haunted Attraction and the culinary school. Mayor Casper requested any public comment. Diana Lowrey, 169 6th Street, appeared. Ms. Lowrey stated she was excited to hear of the potential culinary school but expressed concern for the parking situation, especially for those residents who can only park on the street. Ms. Lowrey is in favor of the culinary school but believes the Haunted Attraction should not be approved. Yon Scott, 125 E. 14th Street, appeared. Mr. Scott stated he drives down 13th Street on a daily basis and enjoys the numbered streets. He is in favor of the culinary school but not the Haunted Attraction. Don Williams, 418 11th Street, appeared. Mr. Williams stated parking on the numbered streets is always an issue due to the number of activities happening in and around the neighborhood and believes any issues related to the Haunted Attraction would only be temporary. Julie Braun Williams, 1980 Spencer Lane, Ammon, appeared. Ms. Williams indicated she is the Chair of the Historic Preservation Commission. She briefly shared some comments on behalf of the Commission, stating there are many reasons for historic preservation. She stated the request by Mr. Price would enable restoration of the building and the Historic Preservation Commission supports the request. Ron and Keenan Ricks, 197 E. 14th Street, appeared. Mr. Ricks stated he does not have a driveway and is concerned about the current parking issues, especially regarding the limited physical abilities of his family and neighbors. He also expressed concerns about vandalism, which his family has personally experienced. Stephanie Rose, 150 11th Street, appeared. Ms. Rose stated her employment is to rehabilitate homes, one of which she currently resides. She believes revitalization needs to happen within the neighborhood and supports the CUP. Stephanie Cook, 250 12th Street appeared. Ms. Cook stated the neighborhoods deal with the parking issues during community events. She believes the community should embrace the chance to change the dilapidated buildings and should support the business opportunity. She is in favor of the CUP. Tom Beeda, 360 E. 13th Street, appeared. Mr. Beeda expressed his concern for the Haunted Attraction indicating there are multiple sex offenders listed on the registry within the neighborhood. He also expressed concern for the traffic situation. Steve Brown, 256 E. 13th Street, appeared. Mr. Brown stated he is speaking on behalf of his mother, Carlene Brown, 190 12th Street, who is concerned about the Haunted Attraction being in close proximity to her residence. He expressed her concern for vandalism. Mr. Brown believes there is no connection of Mr. Price’s vision versus his obligations of restoring the building. 16  AUGUST 27, 2015 Claudia Pine, 282 E. 13th Street, appeared. Ms. Pine stated she is pro-business and appreciates seeing creative business ideas and building restorations for new, effective uses. She stated she has evaluated numerous buildings for historic preservation. She requested the Council consider the benefit gains and any uses that would serve the community. She believes a traffic study should occur and is concerned about the parking issues. She stated proper notifications, meetings, and impact solutions need to occur prior to proceeding with the culinary school. Hereschell Mynarcik, 258 Walnut Street, appeared. Mr. Mynarcik stated he does not live in the same neighborhood but also lives in a historical district and has experienced similar issues as the numbered streets. He is in favor of preserving the historical buildings in the neighborhoods. Shel Williams, 418 11th Street, appeared. Ms. Williams does not believe the majority of attendees for a Haunted Attraction would cause vandalism. She stated the numbered streets normally experience a high volume of traffic. She is hopeful the building could be used for other means as well, such as educational or community/school-sponsored meetings. Sarah Rolfe, 730 E. 16th Street, appeared. Ms. Rolfe stated she has been involved with and employed at haunted attractions for several years. She indicated there is noise, litter and security issues that need to be considered. Dennis Peterson, 186 E. 13th Street, appeared. Mr. Peterson stated he is not in favor of the Haunted Attraction. He believes the building needs to have proper inspections for water and health concerns. Mayor Casper closed the public hearing. Further discussion followed including the suggestion for the City and Mr. Price to discuss specific issues such as loitering, the short-term parking issues, and ‘ownership’ of the building. It was moved by Councilmember Smith, seconded by Councilmember Parry, to approve the Conditional Use Permit for a Haunted Attraction as an Indoor Amusement and give authorization for the Mayor and City Clerk to execute the necessary documents. Roll call as follows: Aye: None Nay: Councilmember Marohn Councilmember Ehardt Councilmember Hally Councilmember Parry Councilmember Smith Motion failed. MEMORANDUM To: Honorable Mayor and City Council From: Brad Cramer, Community Development Services Director Subject: Amendments to the Subdivision Ordinance The Community Development Services and Public Works Departments have been working to revise the City's Subdivision Ordinance. The proposed revisions incorporate standards from a subdivision policy document, add requirements for guarantees of completion of public improvements, and clarify required consistency between preliminary and final plats. A summary of all changes is attached. The Planning 17  AUGUST 27, 2015 and Zoning Commission considered the changes at its June 16th, 2015, meeting and recommend approval. Staff concurs with this recommendation and respectfully requests approval of the ordinance. Mayor Casper opened the public hearing and stated all slides, Planning and Zoning Commission minutes, and staff reports be entered into the record. Director Cramer appeared to explain this request. Following is a list of exhibits used in connection with this request: Slide 1: Summary of Changes to Subdivision Ordinance 1-Reorganization of sections 2-Record of Survey required for boundary adjustments 3-Incorporation of standards from the Access Management Plan 4-Clarification of preliminary plat standards 5-Addition of appeal process for preliminary plats 6-Survey standards updated to match state requirements 7-Title report to verify ownership of property 8-Financial Guarantees for all public improvements Included in the budget will also be restricting of some of the fees for subdivisions: 1-Collection of a review fee at beginning of process 2-Inspection fees based on valuation of project Director Cramer stated these amendments will follow the State requirement of the Local Land Use Act. It was moved by Councilmember Parry, seconded by Councilmember Marohn, to approve the revision of the City’s Subdivision Ordinance under the suspension of the rules requiring three complete and separate readings and that it be read by title and published by summary. Roll call as follows: Aye: Councilmember Smith Councilmember Hally Councilmember Parry Councilmember Ehardt Councilmember Marohn Nay: None Motion carried. At the request of Mayor Casper, the City Clerk read the Ordinance by title only, as follows: ORDINANCE NO. 3025 AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, AMENDING TITLE 10, CHAPTER 1; PROVIDING SEVERABILITY, CODIFICATION, PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE. There being no further business, it was moved by Councilmember Marohn, seconded by Councilmember Ehardt, to adjourn at 12:16 a.m. which motion passed by the following: Aye: Councilmember Hally Councilmember Marohn 18  AUGUST 27, 2015 Councilmember Parry Councilmember Smith Councilmember Ehardt Nay: None Motion carried. _____________________________________ _______________________________________ CITY CLERK MAYOR 19