City Council

March 23, 2017 The City Council of the City of Idaho Falls met in Regular Council Meeting, Thursday, March 23, 2017, in the Council Chambers in the City Annex Building located at 680 Park Avenue in Idaho Falls, Idaho at 7:30 p.m. Call to Order: There were present: Mayor Rebecca L. Noah Casper Councilmember John B. Radford Councilmember Barbara Ehardt Councilmember Thomas Hally Councilmember David M. Smith Councilmember Ed Marohn Councilmember Michelle Ziel-Dingman Also present: Randy Fife, City Attorney Kathy Hampton, City Clerk All available department directors Pledge of Allegiance: Mayor Casper invited Pamela Alexander, Municipal Services Director, to lead those present in the Pledge of Allegiance. Public Comment: Mayor Casper requested any public comment not related to items on the agenda. No one appeared. Presentation: Mayor Casper turned the meeting to Idaho Falls Power Director Jackie Flowers. Director Flowers welcomed Jim Webb, General Manager and CEO, and Brian Tanabe, from Lower Valley Energy. Lower Valley Energy serves Jackson, Wyoming, Afton, Wyoming, and the Swan Valley, Idaho areas. She acknowledged Randy Westergard, Transmission and Distribution Superintendent, as well as linemen Brandon Lerwill, Rod Elliott, Mike Gose, and Kelly Swearingen. She then turned the presentation to Mr. Webb. Mr. Webb expressed his appreciation to Idaho Falls Power for their assistance in the February 7, 2017 power outage in the Jackson and Teton Village area. He indicated this power outage was considered a major disaster with an estimated loss of ~$2 million per day for the Jackson/Teton Village, Wyoming area. Lower Valley Energy contacted Idaho Falls Power, Fall River Power, High Plains Power, BPA (Bonneville Power Administration), and Wasatch Electric for assistance. He stated work continued for 3½ days with approximately 30 outside crews. He believes IFP sent their best people as well as their best equipment. Mr. Webb again expressed his appreciation, and, on behalf of the Lower Valley Energy Board of Directors, he presented a plaque to Mayor Casper as well as the following letter signed by all Board Directors: By unanimous resolution, the Board of Directors of Lower Valley Energy hereby wishes to formally recognize the City of Idaho Falls in providing aid during the Teton Village transmission outage the week of February 7, 2017. The loss of 17 steel transmission poles was clearly the biggest disaster in Lower Valley’s 80 year history in terms of number of customers affected, the length of the outage and the economic impact to our community. In the spirit of cooperation and public power, the City of Idaho Falls, without hesitation sent tremendous resources to help our cooperative. The technical expertise, manpower, and equipment proved invaluable to our efforts. We truly appreciate the support and wish to extend our sincerest gratitude. 1  March 23, 2017 Mayor Casper, on behalf of the City Council, accepted the letter and plaque and expressed her appreciation to Lower Valley Energy for allowing IFP to assist. Consent Agenda: Office of the Mayor requested approval of reappointment of Michael Hinman to the Civil Service Commission. Municipal Services requested approval of Bid IF-17-15, Water Department Line Materials. Idaho Falls Power requested approval of a Non-disclosure Agreement with Battelle Energy Alliance LLC. The City Clerk requested approval of the Treasurer’s Report for the month of February, 2017. The City Clerk requested approval of minutes from the March 6, 2017 Council Work Session; and March 9, 2017 Council Meeting. The City Clerk requested approval of license applications, all carrying the required approvals. It was moved by Councilmember Marohn, seconded by Councilmember Radford, to approve all items on the Consent Agenda according to the recommendations presented. Roll call as follows: Aye – Councilmembers Radford, Ehardt, Smith, Marohn, Dingman, Hally. Nay – none. Motion carried. Regular Agenda: Airport Subject: Airport Real Estate Purchase and Sale Agreement – Herbert J. Swanson and Bonnie Jean Swanson Land Acquisition-North Parcel Project FAA AIP Project No. 3-16-0018-042-2016 For consideration is a Real Estate Purchase and Sale Agreement between the City of Idaho Falls and Herbert J. Swanson and Bonnie Jean Swanson in the amount of $678,000 for the land acquisition of the North Parcel Project. The purchase of this parcel fulfills the Federal Aviation Administration’s requirement for the Airport to own, in fee-simple, the property within the Runway 20 Protection Zone (RPZ). It was moved by Councilmember Radford, seconded by Councilmember Marohn, to remove this item from the agenda with the good faith reason that the title company has not completed the transaction and additional details need to be worked out. Roll call as follows: Aye – Councilmembers Smith, Hally, Radford, Dingman, Ehardt, Marohn. Nay – none. Motion carried. Public Works Councilmember Ehardt recognized Mayor Casper for her recent State recognition for Civic Service leadership. Subject: Professional Services Agreement with HDR Engineering Incorporated for the 12th Street Bridge replacement over the Idaho Canal For consideration is a professional services agreement with HDR Engineering Incorporated to provide design services to replace the existing 12th Street bridge over the Idaho Canal. The not-to-exceed amount for this agreement is $222,900.00; the City’s responsibility is to provide 7.34% in matching funds. It was moved by Councilmember Ehardt, seconded by Councilmember Dingman, to approve the Professional Services Agreement for the 12th Street bridge replacement over the Idaho Canal, and give authorization for the 2  March 23, 2017 Mayor and City Clerk to sign the necessary documents. Roll call as follows: Aye – Councilmembers Dingman, Smith, Marohn, Ehardt, Hally, Radford. Nay – none. Motion carried. Subject: Water Use and Assessment Agreement for Southpoint Subdivision, Division No. 8 For consideration is a water use and assessment agreement with the Idaho Irrigation District, the developer for Southpoint Subdivision, Division No. 8 and the City. The agreement stipulates that the City will pay the water assessment for property included within the subdivision to the Idaho Irrigation District. Councilmember Ehardt stated the three (3) Water Use and Assessment Agreements are for the authority of the City to maintain City water rights in the outlying subdivisions and plats in case of possible water mitigation. Assistant Public Works Director Chris Canfield indicated this is part of the Water Facility Plan to enhance the City water rights and will also assist with water recharge. It was moved by Councilmember Ehardt, seconded by Councilmember Dingman, to approve the Water Use and Assessment Agreement for Southpoint Subdivision, Division No. 8 and give authorization for the Mayor and City Clerk to sign the necessary documents. Roll call as follows: Aye – Councilmembers Marohn, Dingman, Ehardt, Hally, Radford, Smith. Nay – none. Motion carried. Subject: Water Use and Assessment Agreement for Yorkside Subdivision, Division No. 2 For consideration is a water use and assessment agreement with the Idaho Irrigation District, the developer for Yorkside Subdivision, Division No. 2 and the City. The agreement stipulates that the City will pay the water assessment for property included within the subdivision to the Idaho Irrigation District. It was moved by Councilmember Ehardt, seconded by Councilmember Dingman, to approve the Water Use and Assessment Agreement for Yorkside Subdivision, Division No. 2 and give authorization for the Mayor and City Clerk to sign the necessary documents. Roll call as follows: Aye – Councilmembers Smith, Hally, Dingman, Radford, Ehardt, Marohn. Nay – none. Motion carried. Subject: Water Use and Assessment Agreement for Avalon Subdivision, Division No. 1 For consideration is a water use and assessment agreement with the Idaho Irrigation District, the developer for Avalon Subdivision, Division No. 1 and the City. The agreement stipulates that the City will pay the water assessment for property included within the subdivision to the Idaho Irrigation District. It was moved by Councilmember Ehardt, seconded by Councilmember Dingman, to approve the Water Use and Assessment Agreement for Avalon Subdivision, Division No. 1 and give authorization for the Mayor and City Clerk to sign the necessary documents. Roll call as follows: Aye – Councilmembers Ehardt, Radford, Smith, Marohn, Dingman, Hally. Nay – none. Motion carried. Municipal Services Subject: Bid IF-17-09, Replacement Golf Carts for Sand Creek Golf Course It is the recommendation of Parks and Recreation and Municipal Services Departments to accept the sole bid received from Highland Golf to purchase fifty-two new 2016 Yamaha golf carts for a lump sum amount of $204,900, less trade-in allowance of $45,800, for a total lump sum award of $159,100. Councilmember Marohn stated funds to purchase the golf carts are included in the Sand Creek Golf Fund and the Golf Capital Improvement Fund from the FY2016/17 budget. 3  March 23, 2017 It was moved by Councilmember Marohn, seconded by Councilmember Radford, to accept the sole bid received from Highland Golf to purchase fifty-two new golf carts for a total lump sum award of $159,100. Roll call as follows: Aye – Councilmembers Radford, Ehardt, Hally, Smith, Marohn, Dingman. Nay – none. Motion carried. Subject: Temporary Office Space Lease, 700 Park Avenue Municipal Services is requesting approval of a lease agreement for office space at the Hart Building located at 700 Park Avenue. The lease term is for one (1) year with the option to renew for up to two (2) one-year renewable terms at $2,500 per month for the first year and first renewal term. If a second renewal term is requested, the lease amount will be $2,800 per month. Councilmember Marohn stated this lease has been recommended by the Human Resources and Municipal Services Departments. This lease will provide temporary office space until a master plan can be developed for City Hall, including space vacated by Fire Administration. The space will be utilized by the Human Resources Department and will allow confidential office space as needed. He stated this commercial rate is well below the average range. This item will be funded by Municipal Services and Human Resources Departments. Councilmember Ehardt expressed her appreciation for the additional follow-up discussion for this item. It was moved by Councilmember Marohn, seconded by Councilmember Dingman, to approve the lease agreement for office space at the Hart Building located at 700 Park Avenue. Roll call as follows: Aye – Councilmembers Marohn, Dingman, Ehardt, Hally, Radford, Smith. Nay – none. Motion carried. Subject: Bonneville County Fiber Service Account Municipal Services is requesting approval to write-off the Bonneville County fiber optic monthly service fee of $525.00 per month for October 2016 through April 2017 for a total amount of $3,675.00. Bonneville County has been receiving fiber optic services through an agreement for services, which expired in 2013. During a September 2016 meeting, Bonneville County requested a waiver of the monthly fee until a formal lease agreement for fiber optic service could be put into place. The estimated completion date will be sometime in April 2017. Councilmember Marohn stated this agreement will memorialize any future agreements. This item will be funded in the Municipal Services Department. It was moved by Councilmember Marohn, seconded by Councilmember Smith, to approve the request from Bonneville County and write-off the account balance for fiber optic services for a total amount of $3,675.00. Roll call as follows: Aye – Councilmembers Ehardt, Marohn, Hally, Radford, Smith, Dingman. Nay – none. Motion carried. City Attorney Subject: Resolution to Destroy Certain Temporary Documents For consideration is a resolution to authorize the destruction of certain temporary records which have no intrinsic, historical, or other value. Councilmember Ehardt stated the destruction of records will allow for additional storage. Mayor Casper stated this item is in accordance with the State Open Records Law. It was moved by Councilmember Ehardt, seconded by Councilmember Dingman, to adopt the resolution for destruction of certain temporary records, and give authorization to the Mayor and City Clerk to sign the necessary documents. Roll call as follows: Aye – Councilmembers Dingman, Radford, Marohn, Smith, Hally, Ehardt. Nay – none. Motion carried. 4  March 23, 2017 RESOLUTION NO. 2017-10 A RESOLUTION OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, PROVIDING FOR THE CLASSIFICATION AND DESTRUCTION OF CERTAIN TEMPORARY PUBLIC RECORDS PURSUANT TO IDAHO CODE § 50-907; PROVIDING THIS RESOLUTION TO BE EFFECTIVE UPON ITS PASSAGE AND APPROVAL AND PUBLICATION ACCORDING TO LAW. Subject: Resolution to Adopt Fees For consideration is a resolution to amend and update fees and charges. The proposed fee increase was advertised February 23 and March 2, as required by Idaho Code. A public hearing was held on Thursday, March 9, 2017, in the Council Chambers in the City Annex Building located at 680 Park Avenue in Idaho Falls. Council continued the hearing to deliberate further on whether to adopt the following new fees: Melaleuca Field Rental $1,000 a day Melaleuca Capital Surcharge $1 per entry Melaleuca Field Partial Rental $400 Mayor Casper indicated this item was tabled from the March 9, 2017 meeting. Councilmember Ehardt reviewed the history of Melaleuca Field since its inception in 1940 stating the park was formerly known as Highland Park until a fire destroyed the facility in the 1970’s. It was then rebuilt and named McDermott Field. In 2006 it was renamed to Melaleuca Field. She stated the baseball program at Melaleuca Field has been one of the longest tenured minor league baseball programs. She reviewed the facility history and subsequent lease agreements. Councilmember Ehardt believes the City may not be upholding the terms of the current agreement and expressed her concern with the proposed fees. Mayor Casper stated this item would not have been placed on the agenda if she believes the City was not honoring the agreement. Mr. Fife stated the current agreement with the Idaho Falls Chukars is unaffected with the proposed fees. He also stated the Chukars organization and their attorney have no issues with the proposed fees pursuant to the agreement. The $1 surcharge would not affect the baseball operations, the surcharge is being implemented to allow consistency with other parks facilities and would only be required for special events. If the Chukars intend to use Melaleuca Field for special events, outside of baseball operations, approval would be required from the Parks and Recreation (P&R) Director. If the Chukars, or an outside entity, were to hold an event with more than 100 in attendance at Melaleuca Field, they would be required to follow the same permitting requirements as other special events applicants. Mr. Fife stated there is currently a proposed agreement between the Parks and Recreation director and the Chukars organization regarding concessionaire. Councilmember Smith questioned the timing of the proposed fees and the associated costs. Mayor Casper stated due to unexpected programs/services to the public, it is not inappropriate to make adjustments in fees throughout the year. Mr. Fife indicated discussion has been occurring with the Chukars organization for upcoming summer events at this facility, outside of the agreement, hence the timing of the proposed fees. At the request of Councilmembers Smith and Dingman, Mr. Holm reviewed maintenance fees for Melaleuca Field. He indicated the City allocates approximately $28,000 on an annual basis. He also briefly reviewed fees regarding the outfield fence replacement per the agreement. Councilmember Hally stated in 2005 there was opposition from the City residents to invest in Melaleuca Field. He believes appropriate fees should be charged to assist with revenue and depreciation costs. Councilmember Marohn stated Melaleuca Field is City property and believes this a business relationship which has been agreed to by both parties. Councilmember Ehardt stated the Chukars organization has contributed a significant amount of money into Melaleuca Field and believes the stadium is well maintained. At the request of Councilmember Dingman, Mr. Fife confirmed there are no fees specified in the current agreement. It was moved by Councilmember Marohn, seconded by Councilmember Radford, to adopt the resolution to add and update the noticed fees into the City’s fee schedule, and give authorization to the Mayor and City Clerk to sign the necessary documents. Roll call as follows: Aye – Councilmembers Radford, Marohn, Hally. Nay – Councilmembers Ehardt, Smith, Dingman. There being a tie vote, Mayor Casper voted aye. Motion carried. 5  March 23, 2017 RESOLUTION NO. 2017-11 A RESOLUTION OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, ADOPTING A SCHEDULE OF REVISED FEES FOR SERVICES PROVIDED AND REGULARLY CHARGED AS SPECIFIED BY CITY CODE; AND PROVIDING THAT THIS RESOLUTION BE EFFECTIVE UPON ITS PASSAGE, APPROVAL, AND PUBLICATION ACCORDING TO LAW. Human Resources Subject: Rescission of the City of Idaho Falls Civil Service System The Human Resources Department respectfully requests approval of an ordinance rescinding the Civil Service System of Idaho Falls, and, that upon passage the ordinance be read in its entirety pursuant to Idaho Code. Mayor Casper briefly reviewed the specific requirements from State statute, Title 50, Chapter 16, Section 1, outlining the process for Civil Service rescission. She indicated this item has been under consideration for several years, including recommendations from the previous Human Resources Director as well as the Police Department Citizens Review Committee (CRC), to rescind the Civil Service System. Councilmember Hally believes the City has a very fine Police Department and the intent of the Council is to protect the citizens of the community. He stated Mr. Fife completed a survey of cities in the State of Idaho with a population greater than 10,000, none of which have the Civil Service System. He believes the Civil Service System does not allow the City to hire the best qualified persons. He indicated the timeframe for placing officers in the field was lengthy which created overtime issues for the Police Department. Councilmember Ehardt believes there may be officers who have concerns and she requested additional time between the scheduled meetings to allow any officers to express their opinions and any possible concerns be considered. Councilmember Marohn indicated Councilmembers have currently been receiving emails. He believes the Civil Service System is inefficient and is prohibiting promotions and development. He also believes this item has been thoroughly discussed and the time has come to move forward. Councilmember Dingman concurred. It was moved by Councilmember Hally, seconded by Councilmember Marohn, to approve the ordinance rescinding Title 2, Chapter 4, on the first reading only and that the ordinance be read in its entirety. Roll call as follows: Aye – Councilmembers Hally, Smith, Dingman, Marohn, Radford. Nay – Councilmember Ehardt. Motion carried. At the request of Mayor Casper, the City Clerk read the ordinance title and enacting clauses: ORDINANCE NO. ---- AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, RESCINDING TITLE 2, CHAPTER 4, GOVERNING CIVIL SERVICE PRACTICES FOR CITY EMPLOYEES; RESCINDING ALL CIVIL SERVICE RULES AND PROCEDURES PROMULGATED THEREUNDER; PROVIDING FOR SEVERABILITY, CODIFICATION, PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF IDAHO FALLS, IDAHO, THAT: SECTION 1. Title 2, Chapter 4, of the City Code of the City of Idaho Falls, Idaho, and all civil service rules and procedures promulgated thereunder, are hereby rescinded in their entirety, pursuant to Idaho Code Section 50- 1601(B). SECTION 2. The rescission of Title 2, Chapter 4, of the Idaho Falls City Code (and all civil service rules and procedures promulgated thereunder) is not intended to and shall not have any adverse effect on any negotiated agreement between the City of Idaho Falls and Idaho Falls Firefighters Union Local No. 1565, or the rights contained in such an agreement or agreements. 6  March 23, 2017 SECTION 3. Savings and Severability Clause. The provisions and parts of this Ordinance are intended to be severable. If any section, sentence, clause, or phrase of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this Ordinance. SECTION 4. Codification Clause. The City Clerk is instructed to immediately forward this Ordinance to the codifier of the official municipal code for proper revision of the Code. SECTION 5. Publication. This Ordinance, or a summary thereof in compliance with Idaho Code, shall be published once in the official newspaper of the City, and shall take effect immediately upon its passage, approval, and publication. SECTION 6. Effective Date. This Ordinance shall be in full force and effect from and after its passage, approval, and publication. First Reading passed by the City Council and approved by the Mayor of the City of Idaho Falls, Idaho, this 23rd day of March, 2017. City of Idaho Falls, Idaho Rebecca L. Noah Casper, Mayor Mayor Casper stated this item will be placed on the April 13, 2017 Council Meeting agenda. Community Development Services Subject: Public Hearing – Rezone from PB with a PUD Overlay to PB, Zoning Ordinance, and Reasoned Statement of Relevant Criteria and Standards, Lot 4, Block 3, Spring Creek, Division No. 3 For consideration is the application for Rezoning from PB (Professional Business Office) with a PUD (Planned Unit Development) Overlay to PB Zoning Ordinance, and Reasoned Statement of Relevant Criteria and Standards, Lot 4, Block 3, Spring Creek, Division No. 3. The Planning and Zoning Commission considered this item at its February 7, 2017 meeting and recommended denial by a 7-2 vote. Staff does not concur with this recommendation. Mayor Casper opened the public hearing and ordered all presentation materials be entered into the record. Community Development Services Director Brad Cramer reiterated the request is to remove the PUD Overlay on this property. He stated Planned Unit Development are tools used for unique development patterns. He indicated he does not often disagree with the Planning and Zoning commission, however, the applicant is the City and he believes the PUD on the parcel no longer makes sense. Director Cramer presented the following: Slide 1 – Property under consideration in current zoning area Director Cramer stated there is a similar pattern in close proximity to this parcel as PUD’s were used as better site control over development even if no pending development was anticipated. He indicated one of the key PUD features previously specified that the setback in the PUD had to match the setback in any PUD adjacent to that residential zone. Since that time the ordinance has changed and the setback requirements no longer apply. He stated denying the rezone does not guarantee a setback, although it does allow the opportunity to request such setback. Slide 2 – Aerial photo of property under consideration Slide 3 – Additional aerial photo of property under consideration Slide 4 – Comprehensive Plan Future Land Use Map Slide 5 – Photo looking west along Elk Creek Drive Slide 6 – Photo looking southwest across the property Slide 7 – Photo looking south Slide 8 – Photo looking east 7  March 23, 2017 Director Cramer stated this is no current site plan for this property. He believes the P&Z preferred to leave the current PUD in place to allow neighbors comments for future development. He stated there is no current owner and this rezone was not requested by any potential owner. He indicated if the PUD Overlay is eliminated the property becomes development-by-right with no additional public comments/ hearings. Mayor Casper requested any public comment. Karla Rudolph, Fox Court, appeared. Ms. Rudolph stated in 2007 she submitted a letter of evidence and testimony, accompanied by multiple pictures, to the City. She indicated the buildings in the proximity of this property are right next to the fence, with a 10-foot setback. She believes there are other issues with these buildings as well. She stated she is not opposed to development on this property, she just wants to ensure the 25-foot setback occurs. Ms. Rudolph acquired neighbor signatures for petition of this property and she also contacted the City to express her concern for potential owners. She stated since that time the potential owner has met with the neighbors to address their concerns or questions and was informed the 25-setback will occur. Ms. Rudolph indicated when the PUD setback requirements changed in 2015 she was disappointed the landowners were not individually notified by the City. She is in favor to remove the PUD and allow development as soon as possible. Randy Waters, Century 21 High Desert Realtors, appeared. Mr. Waters represents the buyer of the property. He stated the development will only include one (1) tenant. He is in favor of removing the PUD. Director Cramer indicated Planning Director Kerry Beutler stated the developer was considering several locations, including this particular property. After further review of this property, the PUD was initiated by staff. At the request of Mayor Casper, Director Cramer explained when an ordinance change occurs, which is a legislative matter that affects the entire City, only a general notice is required. Any quasi-judicial matter, which affects a particular parcel of land, individual notices are required to anyone within 300 feet of said property. Mayor Casper closed public hearing. Councilmember Dingman expressed her appreciation for the communication between residents and commercial developers. She also appreciates Director Cramer and his staff for the explanation/reasoning of the rezone. It was moved by Councilmember Dingman, seconded by Councilmember Smith, to approve the Ordinance rezoning Lot 4, Block 3, Spring Creek, Division No. 3, 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 – Councilmembers Smith, Hally, Radford, Dingman, Ehardt, Marohn. Nay – none. Motion carried. At the request of Mayor Casper, the City Clerk read the ordinance by title only: ORDINANCE NO. 3113 AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO; PROVIDING FOR THE REZONING OF LOT 4, BLOCK 3, SPRING CREEK DIVISION NO. 3 AS DESCRIBED IN SECTION 1 OF THIS ORDINANCE FROM PB PROFESSIONAL BUSINESS ZONE WITH A PLANNED UNIT DEVELOPMENT OVERLAY TO PB PROFESSIONAL BUSINESS ZONE; AND PROVIDING SEVERABILITY, PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE. It was moved by Councilmember Dingman, seconded by Councilmember Smith, to approve the Reasoned Statement of Relevant Criteria and Standards for the rezoning of Lot 4, Block 3, Spring Creek, Division No. 3, and give authorization for the Mayor to execute the necessary documents. Roll call as follows: Aye – Councilmembers Dingman, Smith, Marohn, Ehardt, Hally, Radford. Nay – none. Motion carried. 8  March 23, 2017 Subject: Public Hearing – Planned Unit Development and Reasoned Statement of Relevant Criteria and Standards, Valencia Townhomes For consideration is the application for Planned Unit Development and Reasoned Statement of Relevant Criteria and Standards, Valencia Townhomes. The Planning and Zoning Commission considered this item at its January 3, 2017 meeting and recommended approval by a 6-1 vote with the conditions that a sidewalk be added to at least one side of the streets and the traffic study is approved by the City Engineer and all improvements recommended by the study be constructed. The applicant has addressed these items on the site plan. Staff concurs with this recommendation. Mayor Casper opened the public hearing and ordered all presentation materials be entered into the record. Director Cramer appeared with the following: Slide 1 – Property under consideration in current zoning area Slide 2 – Aerial photo of property under consideration Slide 3 – Additional aerial photo of property under consideration Slide 4 – Site plan (107 units proposed with two (2) accesses to the property) Director Cramer stated the majority of the proposed homes meet the setbacks and height requirements of the zone with the exception of those units along the northern boundary as these units are adjacent to an open space in the County. Amenities provided include picnic areas, landscaping the storm retention pond, a 4’-wide walkway in the center of the property, and a 12’-wide easement for a future canal pathway. There will also be private roads, which are common in a PUD. Director Cramer reviewed the conditions, the traffic study and sidewalk requirement, as recommended by the P&Z. He stated the traffic study has been updated with the conclusion that traffic impact at Crestwood Lane and Sunnyside Road intersection would be minimal. However, the Valencia Drive and Sunnyside Road intersection is currently below the acceptable level of service. The traffic study recommended the intersection be widened to include a left-hand turn lane, which will be completed by the developer. The intersection widening is also included on the final plat. Director Cramer stated the developer has chosen to build a sidewalk down the center of the units versus one side of the street as recommended by P&Z. As there is concern the sidewalk will not connect to other public sidewalks, staff recommended the sidewalk connection remain. Slide 5 – Phasing project (4 phases) Slide 6 – Rendering of proposed units Slide 7 – Additional rendering of proposed units Slide 8 – Photo looking north from Saratoga Drive Slide 9 – Photo looking south from Saratoga Drive Director Cramer stated there is a City substation to the south of the property with an existing access road. This road will continued to be maintained. Slide 10 – Photo looking east from Saratoga Drive Director Cramer stated tandem parking has been requested as a variance, which is allowed within a PUD. Mayor Casper requested any public comment. Blake Jolley, Connect Engineering, appeared. Mr. Jolley stated he has worked with Kent Fugal, City Engineer, for traffic impact study recommendations. He indicated additional guest parking spaces have been added which will connect to the walkways; there will be 9 units per acre, which is well below what is allowed per the zone; 36% of landscaped area, not including the canal, is anticipated; the storm pond will be utilized by tenants; driveways have been extended to allow larger vehicles; no parking will be allowed along private streets to allow fire lane access; and, 75% of these units are 1 bedroom, 1 bathroom unit. Mr. Jolley stated per conversation with the Idaho Irrigation Company, all concerns have been met regarding the canal easement. Corwin Cook, Crestwood Lane, appeared. Mr. Cook stated Crestwood Lane is a 20’ road, encroached by trees, which does not extend to Sunnyside Road. He indicated the lane is already narrow and believes the traffic is a nightmare waiting to happen. Mr. Cook stated he does not have a problem with development but believes the road 9  March 23, 2017 should be extended to Hitt Road and additional accesses are needed as Crestwood Lane is not able to handle the increased traffic. He believes this is the last chance to find an avenue to Hitt Road as this will have a significant impact on the residents and businesses in the area. Marilyn Cook, Crestwood Lane, appeared. Ms. Cook reiterated Crestwood Lane is not wide enough. The road is no longer a dead end. Lynn Johnston, Crestwood Lane, appeared. Mr. Johnston stated he was unaware of the P&Z hearing until his neighbors shared the information. He believes a road from Crestwood Lane to Hitt Road should be constructed to assist with any traffic. Mr. Johnston stated Crestwood Lane is located in the County and the small road tends to be problematic. He is not in favor of the PUD. Laren Shumway, Crestwood Lane, appeared. Mr. Shumway shared pictures on his phone, which will be included into the record. He reiterated the road is a narrow, dangerous situation. Corwin Cook reappeared. He stated the bridle path is an approximately 10’-wide easement that runs along the backside of each parcel. He indicated the road is platted to be wider. At the request of Councilmember Smith, Director Cramer reviewed the widening of the Valencia Drive/Sunnyside Road intersection to allow a left-hand turn lane. Mr. Fife stated under certain circumstances off-site improvements can be required if they can be justified if related to the development, but the City cannot give approval authority for any off-site improvements in the County. Director Cramer believes Crestwood Lane is not improved to a City street standard to accommodate current commercial traffic. He indicated it is not uncommon to find these County sections although this section is unusual due to the location at a City intersection. He stated widening a road becomes complicated and problematic when dealing with two (2) different jurisdictions. He indicated, according to the plat, the road was intended to connect to another road, not to be an island. However, due to the nature of commercial development connecting with a residential road there is no way to block off Crestwood Lane and force traffic further west. He also indicated there are other ways to exit the area. Mr. Jolley reappeared. He stated that widening of Valencia Road is part of the first phase of development as the intersection is problematic. The proposed widening extension of this intersection is more than required. He indicated per conversation with Mr. Fugal the connection of Saratoga Drive was never planned and would not be required for this development. He believes Valencia Drive will receive the excess traffic, therefore the requirement of widening the intersection. Mr. Jolley indicated the substation easement has been re-routed with Idaho Falls Power. Corwin Cook reappeared. He indicated it is currently difficult to make a left-hand turn onto Sunnyside Road from any intersection and believes the incentive will be the use of the traffic light at Crestwood Lane as potential residents will have a difficult time exiting this area. He reiterated this is last chance to connect to Hitt Road as an alternative means to exit the area. Councilmember Dingman stated Council considers P&Z very carefully with the utmost respect, along with staff’s recommendations. She recommended to modify the recommended actions and require the developer to construct a sidewalk as requested. She believes the County roads do not apply to City actions. Councilmember Ehardt believes conflicts with the County are solvable as zoning allows businesses to develop. Councilmember Marohn indicated the connection to Hitt Road is not being considered at this time. It was moved by Councilmember Dingman, seconded by Councilmember Smith, to approve the Planned Unit Development for Valencia Townhomes with the condition that the developer construct one sidewalk on one side of 10  March 23, 2017 each of the streets that surround this property. Roll call as follows: Aye – Councilmembers Marohn, Dingman, Ehardt, Hally, Smith. Nay – Councilmember Radford. Motion carried. It was moved by Councilmember Dingman, seconded by Councilmember Smith, to approve the Reasoned Statement of Relevant Criteria and Standards for the Planned Unit Development for Valencia Townhomes with the condition that the developer construct one sidewalk on one side of each of the streets that surround this property, and give authorization for the Mayor to execute the necessary documents. Roll call as follows: Aye – Councilmembers Smith, Hally, Dingman, Ehardt, Marohn. Nay – Councilmember Radford. Motion carried. Mayor Casper expressed her appreciation to the residents of Crestwood Lane. Subject: Final Plat, Development Agreement, and Reasoned Statement of Relevant Criteria and Standards, Valencia Park, Division No. 2 For consideration is the application for Final Plat, Development Agreement, and Reasoned Statement of Relevant Criteria and Standards, Valencia Park, Division No. 2. The Planning and Zoning Commission considered this item at its January 3, 2017 meeting and recommended approval by a 5-2 vote. Staff concurs with this recommendation. At the request of Councilmember Radford, Director Cramer indicated the motion would not include the addition of sidewalks on the plat as these are not public streets. It was moved by Councilmember Dingman, seconded by Councilmember Smith, to approve the Development Agreement for Valencia Park, Division No. 2, and give authorization for the Mayor and City Clerk to execute the necessary documents. Roll call as follows: Aye – Councilmembers Hally, Marohn, Radford, Dingman, Smith, Ehardt. Nay – none. Motion carried. It was moved by Councilmember Dingman, seconded by Councilmember Smith, to accept the Final Plat for Valencia Park, Division No. 2, and give authorization for the Mayor, City Engineer, and City Clerk to sign said Final Plat. Roll call as follows: Aye – Councilmembers Ehardt, Radford, Smith, Marohn, Dingman, Hally. Nay – none. Motion carried. It was moved by Councilmember Dingman, seconded by Councilmember Smith, to approve the Reasoned Statement of Relevant Criteria and Standards for the Final Plat for Valencia Park, Division No. 2, and give authorization for the Mayor to execute the necessary documents. Roll call as follows: Aye – Councilmembers Radford, Ehardt, Hally, Smith, Marohn, Dingman. Nay – none. Motion carried. There being no further business, Mayor Casper adjourned the meeting at 10:14 p.m. s/ Kathy Hampton s/ Rebecca L. Noah Casper CITY CLERK MAYOR 11