City Council

October 25, 2018 The City Council of the City of Idaho Falls met in Regular City Council Meeting, Thursday, October 25, 2018, in the Council Chambers in the City Annex Building located at 680 Park Avenue, Idaho Falls, Idaho at 7:30 p.m. Call to Order: There were present: Mayor Rebecca L. Noah Casper Councilmember Thomas Hally Councilmember John Radford Councilmember Jim Francis Councilmember Shelly Smede Councilmember Jim Freeman Councilmember Michelle Ziel-Dingman Also present: All available department directors Randy Fife, City Attorney Kathy Hampton, City Clerk Pledge of Allegiance: Mayor Casper requested Robert Akins, Veterans of Foreign Wars (VFW) member, to lead those present in the Pledge of Allegiance. It was then moved by Councilmember Radford, seconded by Councilmember Smede, to remove item 4.C.1) Municipal Services, Treasurer’s Report from the Consent Agenda. Roll call as follows: Aye – Councilmembers Hally, Francis, Radford, Dingman, Smede, Freeman. Nay – none. Motion carried. It was also moved by Councilmember Smede, seconded by Councilmember Dingman, to remove item 5.E.1) Community Development Services, Annexation and Initial Zoning for a portion of York Road, from the Regular Agenda. Roll call as follows: Aye – Councilmembers Dingman, Smede, Francis, Freeman, Hally, Radford. Nay – none. Motion carried. Public Comment: Mayor Casper requested any public comment not related to items currently listed on the agenda or not related to a pending matter. Shannon Stewart, Idaho Falls, appeared. Ms. Stewart is upset about the business, Adam and Eve, located at 118 1st Street. She is upset that a sex shop was allowed to open within 50’ of a residential area. She indicated the business will only attract sexual predators and deviants. Ms. Stewart commended the City of Idaho Falls for the infrastructure that makes her feel safe during storms and, the round-about on Elm Street. Brenden Harris, Idaho Falls, appeared. Mr. Harris expressed his concern for the third resolution of the proposed City Flag Policy. He described flag design guidelines from the North American Vexillological Association (NAVA) style guide and urged the Council not to approve a design that is a “copy and paste” of the City Logo, and instead carefully pick a design that is memorable. Jacob Mowrer, Idaho Falls, appeared. Mr. Mowrer read a list of identified missing in action in North Korea that have not been found from Idaho, including Ralph Cross from Idaho Falls. Mr. Mowrer indicated if the Prisoner of War/Missing in Action (POW/MIA) flag is removed it will be disgracing those people that fought for our freedom. Mr. Mowrer comes from a long line of military, some who fought in Vietnam and are listed on the Vietnam wall, and their remains have not been recovered. Mr. Mowrer urged the Council to not remove the POW/MIA flag. 1  October 25, 2018 Donna Martin, Idaho Falls, appeared. Ms. Martin stated she also addressed the Council on July 30. She indicated names have been researched and were placed on the T-shirts worn by many in attendance, one of those names was a cousin of hers. Ms. Martin indicated that removing the flag will be disrespectful to past military service members, including 75 of her family members. She urged the Council to not degrade the men and women that have promised to serve by taking down the POW/MIA flag. Kurt Holverson, Idaho Falls, appeared. Mr. Holverson indicated that Melaleuca Field is in his back yard. He distributed photos to the Councilmembers showing an alley in the area which is currently in need of some attention, including removal of a two-year old tree that will soon take over the fence it is against. Mr. Holverson asked for additional pavement to extend to the fence with striping for additional parking. He expressed concern regarding the speeding in the alley but has been told it is not feasible to put signage in alleys. Nancy Shamel, Idaho Falls, appeared. Ms. Shamel stated she has attended all of the meetings concerning the POW/MIA flag. She understood from the October 22 Work Session that there has not been a complaint about the flag, but there is a possibility of a complaint. She believes it was obvious that Mr. Fife has an opinion about the POW/MIA flag and voiced it to the Council indicating that all groups believe their flag is the most important. Ms. Shamel believes no flag will supercede the veterans that fight for our Country so we can maintain freedom. She indicated in 1971 the flag was designed originally for the POW/MIA in Vietnam, but it now is used for all wars since World War II (WWII). Ms. Shamel presented the POW/MIA flag to the City as the president of the Vietnam Veterans Organization after the dedication of the Vietnam Veterans Memorial in the City. She indicated the POW/MIA flag has flown in the City for 28 years because the Mayors have respect for the veterans the flag represents, and it needs to fly daily as a reminder that the missing are never forgotten. She stated that because of the organization and, with the help of the Government, the remains of five (5) POW/MIA have been recovered and returned to their families to be buried in the United States (U.S.). Ms. Shamel indicated the POW/MIA flag flies in the U.S. Capital Rotunda continuously. She urged the Council to send any complaints that are made about the POW/MIA flag to a veteran to be educated on why they have the right to challenge and speak freely. Bruce Aaron, Idaho Falls, appeared. Ms. Aaron indicated he has spoken to many groups and they are in support of the POW/MIA flag. He stated there are 1,500 individuals missing and 20,000 individuals missing in Korea. He indicated the POW/MIA flag means something to everyone as the flag is a National flag that has been flown in every City and he doesn’t know why the City of Idaho Falls would take the POW/MIA flag down. Kacey Jackman, Idaho Falls, appeared. Mr. Jackman is a member of the POW/MIA Awareness Organization from Pocatello. He reminded the Council that on August 10, 1990 the 101st Congress passed U.S. Public Law 101355 which recognized the flag and designated the flag the symbol of the Nations concern. He indicated according to the Defense POW/MIA Counting Agency as of October 19, 2018, there are still 82,191 individuals unaccounted for from WWII, Korea, Vietnam, Cold War, and Gulf War, including 355 individuals from the Idaho. Mr. Jackman stated that Idaho Falls needs to set the standard in southeast Idaho to not forget the reason the POW/MIA flag exists. He read from the proposed resolution regarding other flags and agrees there should be a policy on the reason to fly the POW/MIA flag so no one forgets why the flag is flown. Mr. Jackman urged the Council to consider a resolution that would have the POW/MIA flag to remain with the City, State and National Flag. He read a list of families in southeast Idaho that have had their lost loved ones returned to them many years later. He stated the missing veterans are missing every day and should be remembered every day. Kraig McGee, Pocatello, appeared. Mr. McGee, and his parents, own and operate the Adam and Eve store in Idaho Falls as well as other Adam and Eve stores in Idaho. He stated they are not zoned as a sexually oriented business and have complied with all codes and ordinances. Mr. McGee stated he is open for discussion with members of the community. He is troubled when a member of the community comes into his place of business and threatens and scares his staff members and threatens to burn down the property. Mr. McGee stated his business does not condone elicit acts, but rather promotes love and monogamy. Jerry McManus, Idaho Falls, appeared. Mr. McManus stated he would love to see the POW/MIA flag stay flying and it would be a disgrace to remove the flag. 2  October 25, 2018 Bruce Aaron, Idaho Falls, reappeared. He questioned when the vote on the POW/MIA flag would happen. Mayor Casper indicated the schedule has not been set, although there is intent to discuss this issue at the November 5 Work Session and consider a vote at the November 8 Council Meeting, prior to Veterans Day. Dustin Daum, Idaho Falls, appeared. Mr. Daum stated he was raised on military bases all over the country with both his parents being retired Air Force. He has many family members that have served and/or are serving in the military. Mr. Daum stated the POW/MIA flag is a source of pride for all military members especially ones that are on a journey to reintegrate into society and taking the flag down will make the journey more difficult. He expressed his appreciation to the military for their service. Larry Watson, Ammon, appeared. Mr. Watson is a military veteran. He stated that military members took an oath to serve and that oath didn’t end when they left the service. He also stated they took an oath to the Country and the POW/MIA flag reminds them of their brothers and sisters they served with and they are one big military family. Mike Crowley, Idaho Falls, appeared. Mr. Crowley served in Vietnam in 1967. He stated that when he came home from Vietnam he was spit on, and taking the POW/MIA flag down is doing the same thing again. Mr. Crowley asked the Council to leave the POW/MIA flag up and flying. Kurt Bankinstein, Idaho Falls, appeared. Mr. Bankinstein related his story of serving in the military when he was young, he was not old enough to drink, smoke, or vote. He stated that four (4) tours took a toll on him mentally and physically. He was told if he was injured the Veterans Administration (VA) would take care of him. He went to the VA when he was discharged for medical reasons and was denied help. Mr. Bankinstein indicated the VA is a government entity telling veterans they are no longer worth their time and not valuable. He stated that removing the POW/MIA flag will send the message that the veterans are not worth the time and are yesterdays’ garbage. He questioned who will take up arms to protect the Country. Cinda Hammond, Bonneville County, appeared. Ms. Hammond is a spouse of a 20-year veteran who was in submarines for six (6) months out of the year and had no communication. She stated families of POW/MIA veterans are feeling they have no communication or closure for 66 years. She also stated the POW/MIA flag is a reminder that there are still people missing and they are not going to be forgotten. Ms. Hammond indicated this is not some silly flag of an organization, it is a National flag and it is displayed proudly across the Country and Idaho Falls will do a disservice if they vote to remove the POW/MIA flag. Bob Akins, Idaho Falls, appeared. Mr. Akins is a member of several military organizations. He stated that when he was serving in the military, some of his friends were killed in action and some are still missing in action. He also stated there are 92,000 individuals unknown. The POW/MIA flag is a National flag and needs to be recognized. Mr. Akins plead with the Council to not take the POW/MIA flag down. Rachel Edwards, Idaho Falls, appeared. Ms. Edwards has family that has served in military. She is trying to teach her children what the POW/MIA flag means as it is not being taught in schools anymore. Alex Morrison appeared. Mr. Morrison has family members that are retired military. He stated the POW/MIA flag represents everyone that was a prisoner, and everyone that has not come home. The right to be in this meeting and have this discussion is because of the sacrifices given by the military and the ones that gave their lives for freedom. William Hayes, Idaho Falls, appeared. Mr. Hayes is a Vietnam Veteran. He stated the Vietnam Vets do not need to be thanked for their service, they need to be welcomed home. Joseph Behling, Ammon, appeared. Mr. Behling leads the Bonneville County Veterans Memorial Team and serves military families in the Idaho Falls area. He was told from a government agency he could have a job only if he took down his POW/MIA flag from his cubicle. He left that job and went to a job that applauded him flying his POW/MIA flag. Mr. Behling stated his uncle was a POW in WWII. He is appalled at some of the responses from the City Council on this matter. He stated that POW/MIA is not a group flag, it is an emblem that represents those 3  October 25, 2018 who never came home and those who were held and tortured in war. He also stated our youth need to have the example and see the POW/MIA flag and know why they are free. Mr. Behling indicated if City Council cannot see the importance and vote unanimously to keep the POW/MIA flag flying, then they need to be removed from office. Elaine Gunderson, Idaho Falls, appeared. Ms. Gunderson stated she is not an American but knows the importance and honor of the POW/MIA flag. She is a British Veteran and the POW/MIA flag does not exist in Britain, but she would love to see one fly. Ms. Gunderson stated one of her uncles fought in WWII and went down in 1942 and his body was never found, along with the members of his crew he served with. She asked the Council to not dishonor the memory and keep the POW/MIA flag flying. Unidentified female appeared. She stated her father served in the military and flies the POW/MIA flag on his motorcycle. It is a disgrace that anyone on the Council would consider taking down the flag. She believes it is a disgrace to the community that this issue is up and that it would be compared to a NAMBLA flag or a Nazi flag. She indicated the State Statute states the Veterans Association advises the POW/MIA flag be flown 365 days as long as the American flag is flying. Jerry Harwood, Idaho Falls, appeared. Mr. Harwood served 20 years in the Air Force, Vietnam Air Vet, and Dessert Storm Vet. He stated the POW/MIA flag is a learning tool and if it is taken away it is removing a part of history. Frank Smith, Idaho Falls, appeared. Mr. Smith stated he has seen changes in the City. He is an Air Force Vet from 1964-1968. He used to be proud of the City and the way they honored the Veterans although in the last ten (10) years the town has changed. Mr. Smith is happy that so many people are in attendance tonight to express what the POW/MIA flag means to them. He stated the flag helps everyone to remember. Unidentified male appeared. He is a Vietnam Navy Vet and was honored to fly with a group of Veterans to Washington D.C. He stated the POW/MIA flag is not just for Vietnam Veterans, but for all wars and is flown at all WWI, WWII, Korean, Vietnam Veteran Memorial, Vietnam Wall, and Arlington National Cemetery. 300 students met the Veterans at the wall and they were Korean and Vietnamese and they each carried the POW/MIA flag. He stated taking the POW/MIA flag away is doing a dishonor to the Country and the people that shed blood for our freedom and the families left behind. Unidentified female appeared. She stated she has no clothing to represent her brother who was killed in action. She stated by denying the people the remembrance of the POW/MIA flag, there is no respect for the military. The military is the reason we are not speaking German or Japanese. Todd Jensen, Blackfoot, appeared. Mr. Jensen has family members who are POW/MIA. He stated if the POW/MIA flag is removed, the hope is removed. Jason Anderson, Idaho Falls, appeared. Mr. Anderson works for National Write Your Congressman who encourage responsible Americans to use their influence in government to maintain freedoms. He stated that attendance tonight should speak to the voice that the City is giving. He urged the Council to be pragmatic about the vote. Darrell Homer, Idaho Falls, appeared. Mr. Homer stated he does due diligence when he votes. He also stated the flag policy is likely something that needs to happen, but the Councilmembers need to do their due diligence to find out what the POW/MIA flag stands for and its history. Mr. Homer stated the POW/MIA veterans have no voice here today although their brothers and sisters are here and passionate about taking care of their family. He believes the POW/MIA flag needs to fly daily. He stated that flying it daily will not desensitize the public, but will be a daily reminder that all efforts need to be taken to get prisoners released and the remains of others returned and accounted for. Mayor Casper stated possible dialogue could be forthcoming for clarification and any misunderstanding. She expressed her appreciation to those in attendance. 4  October 25, 2018 Consent Agenda: Office of the Mayor requested approval of reappointments to City Boards, Commissions and Committees: Terri Gazdik – Idaho Falls Redevelopment Agency, reappointment; Gene Hicks – Planning and Zoning Commission, reappointment; Kim Smith – Historic Preservation Commission, reappointment; David Novack – Idaho Falls Business Assistance Corporation, reappointment; Matt Hill – Parks & Rec Commission, reappointment; Brian McGiff – Golf Advisory Board, reappointment; Matt Hill – Shade Tree Committee, reappointment; Kim Johnson – Shade Tree Committee, reappointment; and, Kerry Beutler – Shade Tree Committee, reappointment. Public Works requested approval of Bid Award – 18th and 19th Street Water Line between S. Emerson Avenue to Higbee Avenue. Municipal Services requested approval of Bid IF-19-A, Road Salt for Public Works; and, Quote: Replacement Dimming System for the Idaho Falls Civic Center for the Performing Arts. The City Clerk requested approval of the Expenditure Summary for the month of September, 2018; minutes from the September 10, 2018 Council Work Session and Executive Session; and September 13, 2018 Council Meeting; and, license applications, all carrying the required approvals. It was moved by Councilmember Radford, seconded by Councilmember Smede, to approve all items on the Consent Agenda according to the recommendations presented. Roll call as follows: Aye – Councilmembers Smede, Hally, Radford, Dingman, Freeman, Francis. Nay – none. Motion carried. Regular Agenda: Office of the Mayor Subject: Community Support Grant Committee Summary For consideration is the summary of funding recommendations from the Community Support Grant ad hoc citizen committee. As discussed, the report provides a detailed breakdown of the grant funding recommended for each nonprofit organization that applied for public funding during the 2018-2019 fiscal year. The total Community Support Grant package is in the amount of $121,000. Mayor Casper stated the Community Support Grant Committee presented their summary at the October 22 Council Work Session. It was moved by Councilmember Radford, seconded by Councilmember Smede, to approve the Community Support Grant awards in the amount of $121,000. Roll call as follows: Aye – Councilmembers Dingman, Smede, Francis, Freeman, Hally, Radford. Nay – none. Motion carried. Municipal Services Subject: Sole Source Purchase of One (1) CALIBER T5 Robot for Police Department The Municipal Services Department requests authorization to advertise the City's intent to make a sole source procurement per I.C. § 67-2808, and to issue a purchase order to purchase one (1) CALIBER T5 Robot for Explosive Ordnance Device (EOD) and SWAT missions from ICOR Technology, Inc. of Ottawa, Ontario for a total amount of $161,647.70. Funds to purchase the T5 Robot come through a grant secured from the Bureau of Homeland Security, Idaho Office of Emergency Management for the Region 7 Bomb Squad. Councilmember Radford stated this robot will be used within the region. 5  October 25, 2018 It was moved by Councilmember Radford, seconded by Councilmember Dingman, to advertise the City's intent to make a sole source procurement, per I.C. § 67-2808, and then to issue a purchase order to purchase one (1) CALIBER T5 Robot from ICOR Technology, Inc. of Ottawa, Ontario for a total amount of $161,647.70. Roll call as follows: Aye – Councilmembers Francis, Dingman, Freeman, Hally, Radford, Smede. Nay – none. Motion carried. Subject: Purchase of Used Auditorium Seats for the Idaho Falls Civic Center for the Performing Arts Municipal Services requests the authorization to purchase used Irwin performance auditorium chair for the Idaho Falls Civic Center for the Performing Arts from Preferred Seating Company for the purchase, shipping and installation of 1,800 used auditorium seats for a total $107,598. This purchase will provide temporary seating while new theater seats are in production. Upon installation of the new seats, the temporary seats will be sold through surplus. Funds to purchase the used auditorium seats are budgeted in the 2018/19 Municipal Services, Civic Center budget. Councilmember Radford stated the original company failed to meet the contractual obligation. The seats will be purchased from another company in spring 2019. It was moved by Councilmember Radford, seconded by Councilmember Smede, to purchase used Irwin performance auditorium seats for the Idaho Falls Civic Center for the Performing Arts for a total amount of $107,598. Roll call as follows: Aye – Councilmembers Smede, Hally, Dingman, Radford, Freeman, Francis. Nay – none. Motion carried. Subject: Bid IF-19-03, Mechanical Gala Lift System: Idaho Falls Civic Center for the Performing Arts Formal Bid IF-1903 for the mechanical Gala Lift System for the Idaho Falls Civic Center for the Performing Arts was advertised as required. The City did not receive any bid submissions. Therefore, the Municipal Services Department is requesting the authorization to seek prices on the open market in order to proceed with this project. Councilmember Radford stated the Gala Lift System will allow the orchestra pit to be used as a stage. Councilmember Freeman noted this Gala Lift System was purchased by an additional donation from the Maeck Foundation. Mayor Casper stated the current process involves manual work of employees. It was moved by Councilmember Radford, seconded by Smede to authorize to seek prices on the open market in order to proceed with this project. Roll call as follows: Aye – Councilmembers Hally, Francis, Radford, Dingman, Smede, Freeman. Nay – none. Motion carried. Subject: Write-off of Unpaid Ambulance Service Accounts The Municipal Services and Fire Departments respectfully request authorization to write-off ambulance service accounts determined as uncollectible for the service dates of 2014, 2015, 2016 and 2017 for a total amount of $4,397,679.80. Councilmember Radford stated general accounting principles must be followed for fiscal responsibility, including a write-off policy. This amount represents monies that could not be collected from insurance companies, including 70% as uncollectable from Medicare/Medicaid. Every opportunity was made to ensure money is collected, including third-party assistance. He briefly reviewed the uncollectable reasons. It was moved by Councilmember Radford, seconded by Smede, to write-off ambulance service accounts determined as uncollectible for the service dates of 2014, 2015, 2016 and 2017 for a total amount of $4,397,679.80. Roll call as follows: Aye – Councilmembers Freeman, Radford, Smede, Francis, Dingman, Hally. Nay – none. Motion carried. 6  October 25, 2018 Subject: Write-off of Unpaid Utility Service Accounts Municipal Services, Idaho Falls Power and Public Works respectfully request authorization to write-off approximately 923 utility service accounts for calendar year 2013 determined as uncollectible following outside collection agency efforts for a total of $349,319.40. Councilmember Radford briefly reviewed uncollectible reasons for the utility write off. Councilmember Smede noted if any individual attempts to reconnect for utility service, they would be responsible for any past due amounts. It was moved by Councilmember Radford, seconded by Smede, to write-off utility service accounts for calendar year 2013 determined as uncollectible for a total of $349,319.40. Roll call as follows: Aye – Councilmembers Hally, Radford, Francis, Dingman, Smede, Freeman. Nay – none. Motion carried. Public Works Subject: State/Local Agreement with the Idaho Transportation Department for a Pavement Management System For consideration is a State/Local Agreement with the Idaho Transportation Department and accompanying Resolution with respect to the Pavement Management System project. This agreement requires City financial contribution toward the entire project with a match rate of 7.34% for an estimated total of $5,505.00. Councilmember Freeman stated this project was presented by the Bonneville Metropolitan Planning Organization (BMPO). This item was discussed at the October 22 Council Work Session. It was moved by Councilmember Freeman, seconded by Councilmember Francis, to approve the State/Local Agreement with the Idaho Transportation Department and accompanying Resolution for the Pavement Management System project, and give authorization for the Mayor and City Clerk to execute the necessary documents. Roll call as follows: Aye – Councilmembers Francis, Dingman, Freeman, Hally, Radford, Smede. Nay – none. Motion carried. RESOLUTION NO. 2018-26 WHEREAS, THE IDAHO TRANSPORTATION DEPARTMENT, HEREAFTER CALLED THE STATE, HAS SUBMITTED AN AGREEMENT STATING OBLIGATIONS OF THE STATE AND THE CITY OF IDAHO FALLS, HEREAFTER CALLED THE CITY, FOR DEVELOPMENT OF A PAVEMENT MANAGEMENT SYSTEM. Subject: Iona Bonneville Sewer District (IBSD) – Request for Sewer Service Area Reduction Public Works is in receipt of a request from the IBSD to decrease the District’s Sewer Service Area boundary by 28.39 acres. The proposed area for reduction is adjacent Thunder Ridge High School. Mayor Casper stated the following two (2) items were discussed at the October 22 Council Work Session. It was moved by Councilmember Freeman, seconded by Councilmember Francis, to approve the request from the IBSD and to authorize a decrease in the District’s Sewer Service Area boundary by 28.39 acres. Roll call as follows: Aye – Councilmembers Freeman, Francis, Hally, Radford, Smede, Dingman. Nay – none. Motion carried. Subject: Iona Bonneville Sewer District (IBSD) – Request for Sewer Service Area Expansion for Teton Commercial Park: 7  October 25, 2018 Public Works is in receipt of a request from the IBSD to increase the District’s Sewer Service Area boundary by 58.67 acres for Teton Commercial Park. The proposed expansion area is for inclusion of the property located at the northeast corner of the intersection of 25th East (Hitt Road) and Lincoln Road. It was moved by Councilmember Freeman, seconded by Councilmember Francis, to approve the request from the IBSD and to authorize an increase to the District’s Sewer Service Area boundary by 58.67 acres for Teton Commercial Park. Roll call as follows: Aye – Councilmembers Dingman, Radford, Francis, Smede, Hally, Freeman. Nay – none. Motion carried. Idaho Falls Power Subject: Ordinance Adopting High-Density Load Rates Increased customer demand for high-density load capacity to operate crypto-mining and other intensive electrical uses requires a change to Title 8, Chapter 5, of the City Code. The proposed Ordinance creates a high-density load rate; changes some security lighting requirements; changes the large single-load rate and the large power temporary or construction rate; and, aligns Chapter 5 with approved City billing practice. The draft Ordinance was previously considered by the Council at the Idaho Falls Power Board meeting on September 27, 2018. Councilmember Hally stated the use of electricity has changed over the course of years and this ordinance will address the demand for such use. This item was discussed at length at the October 25 Idaho Falls Power (IFP) Board Meeting. It was moved by Councilmember Hally, seconded by Councilmember Radford, to approve the High-Density Load Rate 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 – Councilmembers Radford, Freeman, Smede, Francis, Dingman, Hally. Nay – none. Motion carried. At the request of Mayor Casper, the City Clerk read the ordinance by title only: ORDINANCE NO. 3222 AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, AMENDING TITLE 8, CHAPTER 5 TO ADOPT APPROVED CITY BILLING PRACTICES; CHANGE SECURITY LIGHTING; ESTABLISH A HIGH- DENSITY LOAD RATE; CHANGE THE LARGE SINGLE LOAD RATE AND LARGE POWER TEMPORARY OR CONSTRUCTION RATE; PROVIDING SEVERABILITY, CODIFICATION, PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE. Subject: Electric Line Extension Fee Waiver Resolution For consideration is an electric line extension fee waiver resolution which identifies the geographical areas within city limits which are eligible for a waiver of up to fifty percent (50%) of the Idaho Falls Power (IFP) labor portion of their line extension fees. The map identifies the areas that the City wishes to encourage development and/or redevelopment where existing electric infrastructure exists. Councilmember Hally stated this item was discussed at the October 25 IFP Board Meeting. This resolution will allow waivers to incentivize areas in dilapidated locations. Councilmember Dingman stated this resolution will refine the process for the fee waivers. She believes this is an economic development tool. Councilmember Freeman stated this resolution will allow consistency with developers. It was moved by Councilmember Hally, seconded by Councilmember Radford, to approve the Electric Line Extension Fee Waiver Resolution, and give authorization for the Mayor and City Clerk to execute the necessary 8  October 25, 2018 documents. Roll call as follows: Aye – Hally, Smede, Dingman, Freeman, Francis, Radford. Nay – none. Motion carried. RESOLUTION 2018-27 A RESOLUTION OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, IDENTIFYING GEOGRAPHICAL AREAS WITHIN CITY LIMIITS WHICH ARE ELIGIBLE FOR CONSIDERATION FOR ELECTRIC LINE EXTENSION FEE WAIVER BY THE COUNCIL; AND PROVIDING THAT THIS RESOLUTION BE EFFECTIVE UPON ITS PASSAGE, APPROVAL AND PUBLICATION ACCORDING TO LAW. Subject: Joint Power Agreement with City of Ammon for Fiber Connection For consideration is a Joint Power Agreement between the City of Idaho Falls and Ammon for connection of fiber infrastructure. The purpose of the agreement is to memorialize the conditions under which Ammon and Idaho Falls can co-locate respective fiber optic lines and associated equipment at the same points of presence. Councilmember Radford stated the City recognizes the need to build digital infrastructure as well as providing fiber to each meter and residence within the City. Councilmember Francis stated this item was discussed at the October 25 IFP Board Meeting. He believes this is important for education, school safety, and public safety. Councilmember Hally stated connections are being shared for a specific reason, this is important to the total region. It was moved by Councilmember Radford, seconded by Hally, to approve the Joint Power Agreement with the City of Ammon for fiber connection, and give authorization for the Mayor and City Clerk to execute the necessary documents. Roll call as follows: Aye – Smede, Hally, Radford, Dingman, Freeman, Francis. Nay – none. Motion carried. Community Development Services Subject: Public Hearing – Rezone from PB to R3A, Zoning Ordinance, and Reasoned Statement of Relevant Criteria and Standards, Portion of Lot 4, Block 2, Parkwood Addition, Division No. 4 For consideration is the application for Rezoning from PB to R3A, Zoning Ordinance, and Reasoned Statement of Relevant Criteria and Standards, Portion of Lot 4, Block 2, Parkwood Addition, Division No. 4. The Planning and Zoning (P&Z) Commission considered this item at its September 11, 2018 meeting and recommended approval by a 6-2 vote. Staff concurs with this recommendation. Mayor Casper opened the public hearing and ordered all items presented be entered into the record. Community Development Services Director Brad Cramer appeared with the following: Slide 1 – Property under consideration in current zoning Director Cramer stated the property was annexed in 1978, there is no known, specific reason for the current zoning. Slide 2 – Comprehensive Plan Future Land Use Map Slide 3 – Aerial photo of property under consideration Slide 4 – Additional aerial photo of property under consideration Slide 5 – Photo looking south at east entrance Slide 6 – Photo looking south along Homer Avenue Slide 7 – Photo looking east from Homer Avenue Councilmember Francis questioned the height limit for a PB Zone versus a R3 Zone. Director Cramer stated the PB Zone height limit is two (2) story or 24 feet. The current R3A Zone does not currently have a height limit although a height limit with graduated setbacks will be requested in the near future. Councilmember Francis questioned the buffer requirements within the two (2) zones. Director Cramer stated the buffering requirements are similar. 9  October 25, 2018 Mayor Casper requested any public comment. Blake Jolley, Connect Engineering, appeared. Mr. Jolley stated the property owners are looking for the best flexibility and options of the area. Unidentified male appeared. He questioned the R3A Zone. Director Cramer stated R3A Zone is a residential zone which allows single-family home or an apartment complex at a density of 35 units per acre. This zone also allows professional businesses, including day care centers. Councilmember Radford questioned the construction of a lower retail center with housing on top. Director Cramer stated that would not be allowed as a new structure in this zone. Mayor Casper closed the public hearing. Councilmember Smede stated the changes would allow a smoother transition from the existing single-family residences to the existing commercial businesses. She indicated the required entrance on John Adams Parkway could be revised if needed. High-density residential is the predominant land use in this area. Councilmember Francis questioned the concern from the P&Z regarding the height of a potential structure. Director Cramer stated the applicant has the right to have the application considered under the current rules. Mr. Fife concurred. It was moved by Councilmember Smede, seconded by Councilmember Dingman, to approve the Ordinance rezoning a portion of Lot 4, Block 2, Parkwood Addition, Division No. 4, 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 – Freeman, Radford, Smede, Francis, Dingman, Hally. Nay – none. Motion carried. At the request of Mayor Casper, the City Clerk read the ordinance by title only: ORDINANCE NO. 3223 AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO; PROVIDING FOR THE REZONING OF A PORTION OF LOT 4, BLOCK 2, PARKWOOD ADDITION DIVISION 4 AS DESCRIBED IN SECTION 1 OF THIS ORDINANCE FROM PB ZONE TO R3A ZONE; AND PROVIDING SEVERABILITY, PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE. It was moved by Councilmember Smede, seconded by Councilmember Dingman, to approve the Reasoned Statement of Relevant Criteria and Standards for rezoning a portion of Lot 4, Block 2, Parkwood Addition, Division No. 4, and give authorization for the Mayor to execute the necessary documents. Roll call as follows: Aye – Hally, Radford, Francis, Dingman, Smede, Freeman. Nay – none. Motion carried. Subject: Public Hearing – Annexation and Initial Zoning of R2, LC, and HC, Annexation and Zoning Ordinances, and Reasoned Statements of Relevant Criteria and Standards, Yellowstone and Poitevin Additions For consideration is the application for Annexation and Initial Zoning of R2, LC, and HC, Annexation and Zoning Ordinances, and Reasoned Statements of Relevant Criteria and Standards, Yellowstone and Poitevin Additions. The Planning and Zoning Commission considered this item at its September 11, 2018 meeting and recommended approval by a 7-1 vote. Staff concurs with this recommendation. Mayor Casper opened the public hearing and ordered all items presented be entered into the record. 10  October 25, 2018 Director Cramer appeared with the following: Slide 1 – Property under consideration in current zoning Director Cramer stated this is a Category B, City-initiated annexation. He stated there is intent to address the commercial County island in the near future. Slide 2 – Aerial photo of property under consideration Slide 3 – Additional aerial photo of property under consideration Director Cramer stated there is a mix of single-family and multi-family residential Slide 4 – Comprehensive Plan Future Land Use Map Slide 5 – Aerial photo of proposed zoning, R2, LC, HC Director Cramer stated two (2) public neighborhood meetings were held to discuss the zoning options and zoning preferences. He stated of those residents in attendance, the mix of commercial and residential zoning was preferred. This area is currently serviced with City sewer and water from a 1980 Local Improvement District (LID) agreement. Slide 6 – Photo looking east across Atlanta Street Slide 7 – Photo looking east down Houston and Albany Streets Slide 8 – Photo looking west down Houston, Albany, and Carson Streets Slide 9 – Photo looking south down Colorado Street Slide 10 – Photo of vacant properties along I-15 Councilmember Smede clarified the services currently served by Bonneville County. Director Cramer stated the neighbors expressed frustration between City and County not wanting to take ownership of this area. He indicated the City is willing to take ownership. Councilmember Freeman questioned the City takeover of the electric services. Director Cramer stated any electric service would have to be requested by the neighborhood. Mayor Casper requested any public comment. Sherri Jo McManus, Idaho Falls, appeared. Ms. McManus submitted a petition signed by several neighbors who are against the annexation. She stated no one in the neighborhood wants to be annexed into the City due to the privacy. She read a statement from Deloris Smith: Ms. Smith stated when she purchased her home she made an effort to know the neighborhood. Many stories have been told about the neighborhood which indicated Happy Lemon willed his property for a park for a safe place for children to play. Ms. Smith has recently watched condos being built. She questioned the promise of the park in the neighborhood. The neighbors work to keep properties neat. Ms. Smith stated Bonneville County is responsible for the weeds, she has requested County assistance for the weeds on multiple occasions but this has not happened. She reiterated the park needs developed, children have almost been hit by cars that do not respect the speed limit. She also stated the notice sign has only been in place for three (3) days. Ms. McManus stated condos are destroying the backside of her property. Most of the neighbors are elderly and ailing. There is no where for children to play as there is no park for two (2) miles. Councilmember Francis questioned information regarding the park referred to by Ms. McManus. Director Cramer identified the adjacent park, which is currently included in City limits. Mayor Casper closed the public hearing. Councilmember Smede stated the annexation would help with the issues described by Ms. McManus. Councilmember Freeman concurred. He believes current problems within the neighbor may be due to the lack of City police services. Mayor Casper believes there is an equity issue associated with providing City services to non- City taxpayers. Councilmember Dingman also believes this is an equity issue and believes there are many benefits to annexation. Councilmember Radford stated conversations have occurred regarding this park with additional future conversations to occur. Councilmember Smede believes there could be assistance with the weed issue. It was moved by Councilmember Smede, seconded by Councilmember Dingman, to approve the Ordinance annexing Yellowstone and Poitevin Additions, under the suspension of the rules requiring three complete and 11  October 25, 2018 separate readings and that it be read by title and published by summary. Roll call as follows: Aye – Francis, Dingman, Freeman, Hally, Radford, Smede. Nay – none. Motion carried. At the request of Mayor Casper, the City Clerk read the ordinance by title only: ORDINANCE NO. 3224 AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO; PROVIDING FOR THE ANNEXATION OF APPROXIMATELY 28.51 ACRES DESCRIBED IN SECTION 1 AND EXHIBIT A OF THIS ORDINANCE, 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 Smede, seconded by Councilmember Dingman, to approve the Reasoned Statement of Relevant Criteria and Standards for the annexation for Yellowstone and Poitevin Additions, and give authorization for the Mayor to execute the necessary documents. Roll call as follows: Aye – Freeman, Francis, Hally, Radford, Smede, Dingman. Nay – none. Motion carried. It was moved by Councilmember Smede, seconded by Councilmember Dingman, to assign a Comprehensive Plan Designation of “Commercial and Higher and Lower Density Residential” and to approve the ordinance establishing the initial zoning for Yellowstone and Poitevin Additions as HC, LC, and R2 Zones, 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 City limits documents be amended to include the area annexed herewith, and that the City Planner be instructed to reflect said annexation, amendment to the Comprehensive Plan, and initial zoning on the Comprehensive Plan and Zoning Maps located in the Planning Office. Roll call as follows: Aye – Dingman, Radford, Francis, Smede, Hally, Freeman. Nay – none. Motion carried. At the request of Mayor Casper, the City Clerk read the ordinance by title only: ORDINANCE NO. 3225 AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO; PROVIDING FOR THE INITIAL ZONING OF APPROXIMATELY 28.51 ACRES DESCRIBED IN SECTION 1 AND EXHIBIT A OF THIS ORDINANCE AS HC, LC AND R2 ZONES; AND PROVIDING SEVERABILITY, PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE. It was moved by Councilmember Smede, seconded by Councilmember Dingman, to approve the Reasoned Statement of Relevant Criteria and Standards for the Initial Zoning of HC, LC, and R2 Zones for Yellowstone and Poitevin Additions, and give authorization for the Mayor to execute the necessary documents. Roll call as follows: Aye – Radford, Freeman, Smede, Francis, Dingman, Hally. Nay – none. Motion carried. Subject: Public Hearing – Rezone from R3A, R2, and RP to LC, Zoning Ordinance, and Reasoned Statement of Relevant Criteria and Standards, Portion of Lots 1-2, Block 1, Hatch Division 1 and Lots 21-23, Block 1, Hatch Division 5 plus half of the adjacent Right-of-Way (ROW) on Carol Avenue For consideration is the application for Rezoning from R3A, R2, and RP to LC, Zoning Ordinance, and Reasoned Statement of Relevant Criteria and Standards, Portion of Lots 1-2, Block 1, Hatch Division 1 and Lots 21-23, Block 1, Hatch Division 5 plus half of the adjacent ROW on Carol Avenue. The Planning and Zoning Commission considered this item at its September 11, 2018 meeting and recommended approval if the City Council vacated the portion of Carol Avenue by a 5-4 vote. Although the recommendation was contingent on the vacation of the street, rezoning cannot be done conditionally. The rezone must be considered independent of the street vacation. Because this item has been considered twice by the Planning and Zoning Commission, once with the proposed vacation and once without, and both times the vote has been a split recommendation, staff is comfortable bringing the current 12  October 25, 2018 application forward for consideration without remanding it back to the Commission. Staff recommends approval of the request for reasons outlined in the staff report. Mayor Casper opened the public hearing and ordered all items presented be entered into the record. Director Cramer stated this item was advertised as a hearing for a rezone and another hearing for the vacation of Carol Avenue. However, following additional Legal staff discussion, this item will only address the rezone as the items must be considered separately. A property cannot be rezoned conditionally, likewise, the vacation cannot occur conditionally. In rezone hearings the zone itself is discussed, not the land use. If the vacation is considered before a rezone there is no reason to vacate the street. If the vacation is considered after a rezone there may or may not be a reason to vacate the street. If the zone is approved, additional action can still occur. This discussion and decision should be based on a rezone only. Director Cramer stated the P&Z recommendation is not an advisable motion to make. He noted this will be the fourth hearing on this property. Director Cramer stated he received an email from Jon Richard Barnes, 1963 Caribou Street. The email was not received in time to be included in the Council packet. Director Cramer read the email in its entirety: I would like to voice some concerns that I have on the proposed Zone change on Carol Avenue. Foremost of my concerns is the fact that even though this change has been proposed and declined in past, it continues to find its way back into vote. I feel as though those proposing the change are attempting to slip it in under the radar of those who do not approve of it, or are merely waiting for the afore mentioned individuals to become apathetic enough to let the vote pass. I do not appreciate this. I have not voiced my opinion on this matter in the past due to the fact that I have just recently turned 18 just over a month ago. I have lived in this neighborhood for over 12 years, and I love the quiet peace it has, despite the fact that it is located near to businesses and commercial areas. The zone change would negate the entire feel of the neighborhood. I hope that you will not take my new status as a voting citizen for granted, but will rather see it as an indicator of how passionate I am against this proposition. I know that the change could have several very positive benefits, in terms of both jobs and economic growth of the area, but I do not believe it is at the desire of the people who the change would affect. The purpose of government is to serve the people, and this is not something I believe will be done properly by the instatement of this new change. Sincerely, Jon Richard Barnes. Director Cramer then presented the following: Slide 1 – Property under consideration in current zoning Director Cramer stated this proposed rezone includes a portion of Carol Avenue. All roads in the City have a zone due to annexation and the need for land uses. 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 Director Cramer stated all zones that currently sit on the property are consistent with the designations, the proposed zone is also consistent with the designations. Slide 5 – Zoning Ordinance rezoning considerations Director Cramer stated things to consider for a rezone include consistency with the principles of the Comprehensive Plan, the potential effects on traffic congestion as a result of development or change of land use exceeding the capacity of public services (sewer, water, school capacities, trash collection), nuisances, health and safety hazards, and, recent changes on adjoining parcels in the neighborhood for the proposed amendment. Slide 6 – Photos of front and rear of property Slide 7 – Photos of corner of 1st Street and Woodruff Avenue Slide 8 – Photos of homes on Carol Avenue Slide 9 – Photos looking north and south along Carol Avenue Slide 10 – Photos looking along 1st Street Slide 11 – Comprehensive Plan Policies Director Cramer stated the map does not speak to the livability of the community. It does not address how new development looks or how it works. It does not help us create change that is as good, or better, than what we presently have. Slide 12 – Comprehensive Plan Policies - referencing neighborhood and community services 13  October 25, 2018 Slide 13 – Aerial photo of property under consideration - Woodruff Avenue and 1St Street is an arterial corner Slide 14 – Purpose of the LC zone - designed to be near neighborhoods Slide 15 – Comprehensive Plan Policies - perimeter landscaping and buffer development requirements Slide 16 – LC Zone Site Design Requirements - landscaping and buffer requirements Slide 17 – Comprehensive Plan Policies - commercial development Slide 18 – Photo of example of vacated road Slide 19 – Photo of arterial and residential street Slide 20 – Photo of developments in neighborhoods Slide 21 – Photo of new development Slide 22 – Photo of Broadway example Slide 23 – Photo of 17th Street example (Natural Grocers) Slide 24 – Photo of Sunnyside Road example Slide 25 – Additional aerial photo of property under consideration Director Cramer stated due to this property being located at an arterial corner, it is not a deep enough property to accommodate any more access onto 1st Street. A site plan could include an access onto Carol Avenue and tie into 1st Street. Councilmember Dingman questioned any previous rezones that may be inconsistent with adjacent land uses in the previous three (3) years. Director Cramer could not recall any other rezones. Councilmember Francis confirmed Council approval would include the additional extension of Carol Avenue and the remaining area rezoned to LC Zone. Mayor Casper requested public comment from the applicant. Dean Mortimer, 7403 S. 1st E., Idaho Falls, appeared. Mr. Mortimer represents Commerce Properties, LLC, which includes the four (4) properties at 100 N. Woodruff, as well as 127 Carol Avenue, 165 Carol Avenue, and 160 Carol Avenue (this property was acquired following the previous rezone request). Mr. Mortimer concurred with Director Cramer on why the rezone to LC is important. He stated the rezone will fit within the Comprehensive Plan. He also stated the property is in transition and the rezone can help with upgrade. Mr. Mortimer indicated there was a lot of concern about the traffic on Carol Avenue, therefore after the previous hearing testimony he filed an application to vacate Carol Avenue to mitigate the traffic. He recognizes if the rezone is approved he will have to ensure there is mitigation to make it a nice addition and, the redevelopment fits within the neighborhood and the other three (3) corners. Councilmember Smede questioned how the new plan will help with the traffic problem. Mr. Fife stated the traffic issue is beyond the scope, only the traffic from the uses allowed in the zone requested can be discussed. Mr. Mortimer stated traffic has been mentioned as well as access, both of which would be taken into consideration regarding Carol Avenue as the traffic flow would be affected. Mayor Casper requested any public comment. Duane Oswald, Idaho Falls, appeared. Mr. Oswald stated he uses Carol Avenue as an exit and entrance to 1st Street and hasn’t had to wait long to get onto 1st Street. He does not understand destroying a corner to put in something that will increase the traffic problem. He stated the wrecks have been on Woodruff Avenue. Mr. Fife stated applause is not appropriate as it is disruptive and testifies in a different way. Mayor Casper clarified applause is appropriate during the “public comment” section. She stated a “public hearing” is part of State law as a quasi-judicial process and testimony must be received formally. Robert Haskins, Idaho Falls, appeared. Mr. Haskins presented a petition that was signed by approximately 200 residents from the Hatch Addition. He stated the notice was a sign that was placed five (5) days ago. He requested to read a letter from Ms. Laura Wadlington, 330 Joan Avenue, Idaho Falls. Ms. Wadlington worked for Mr. Mortimer in the 1980’s. She was contacted by Mr. Mortimer to obtain information of the residents in the Hatch Addition in order to hold a neighborhood meeting. She did not give the information to Mr. Mortimer. Ms. Wadlington stated once the zoning is changed to LC the City can continue to rezone adjacent property easily. She 14  October 25, 2018 indicated that the Hatch Addition is densely populated by people that are against the request. She asked the Council to consider the home owners request to maintain peace and tranquility. She believes the LC Zone would decrease the value of the homes and also believes the vacation of Carol Avenue would send all traffic to Hatch and Caribou. Ms. Wadlington voiced concerns about school bus and children. She indicated Mr. Mortimer told her the office building and homes are costing him a lot of money to keep rented and he can just let them go unrepaired and unsightly. Mr. Haskins expressed his frustration about not being able to talk about the vacation. He presented communication from the Idaho Falls Police Department staff regarding traffic accidents on 1st Street and Carol Avenue and, 1st Street and Woodruff Avenue. In the last 12 months, there were no accidents at 1st Street and Carol Avenue and there were 23 accidents at 1st Street and Woodruff Avenue. Mr. Haskins indicated the transportation plan from Bonneville County showed 1st Street and Woodruff Avenue in the top 10 dangerous intersections. He believes additional commercial business on that intersection would create more accidents. He stated, according to the Comprehensive Zoning, things to be considered when establishing zones is the suitability of land for a particular use with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City. He also stated the Comprehensive Zoning is to promote the health, safety, peace and general welfare of the inhabitants of Idaho Falls; to protect the tax base; protect property values; avoid undo concentration of population; and, prevent the overcrowding of land. Mr. Haskins doesn’t believe this proposal meets the conditions. He also doesn’t believe the City can break the “zoning contract” that he purchased his home under. Don Backman, Idaho Falls, appeared. Mr. Backman stated changing the zoning of the two (2) residences to LC is fine, but there is no need to rezone to the center of Carol Avenue and, closing Carol Avenue will have a major impact on the neighborhood. Mr. Fife explained discussion can occur regarding the change of the zone impacts, but not the vacation of Carol Avenue. Mayor Casper reiterated the separation of rezoning and vacation. Mr. Backman stated the rezone is fine, but the rezone doesn’t need to go any further. He indicated the residents in attendance came because they were under the impression that the vacation was going to be discussed. Mayor Casper stated Director Cramer withdrew the vacation because they are standalone items and conditional approval doesn’t make sense, so logically rezoning has to come first. Mr. Fife stated it is okay to mention Carol Avenue as part of the proposal for rezone. Brent Butikofer, Rigby, Idaho, appeared. Mr. Butikofer is a commercial broker helping with this disposition. In reply to Councilmember Smede’s question regarding the safer corner, Mr. Butikofer stated the curb cuts are outdated and are too close to the intersection, which are not sufficient for today’s standards. A rezone would allow the curb cuts to be moved farther away from the intersection where the homes are, but the homes are not currently zoned LC. Mr. Butikofer believes no one will invest money into the corner properties because of the access points. He stated they have to purchase more property, as Mr. Mortimer has, zone them LC and move the curb cuts farther away from the intersection. The land values will depreciate if the corner cannot be brought up to standards. Mr. Butikofer stated redeveloping urban areas with neighborhoods is a challenge. Eva Hines, Idaho Falls, appeared. Ms. Hines stated Mr. Mortimer approached her regarding the sale of her home although she was not offered the value of her home. She indicated they have not spoken of a buffer between her house and the commercial zone. She believes there would be a devaluation of her property and the rezone would be spot zoning that intends to benefit a particular property owner. Ms. Hines does not believe this rezone is in compliance with the Comprehensive Plan as only the properties fronting Woodruff Avenue should be commercial and the properties on Carol Avenue are shown as low density residential. She believes the lack of information of what will go on the property makes it hard to evaluate the impact on the neighborhood. Ms. Hines stated the Mayor and City Council denied the rezone on June 5, 2018, and the Idaho Falls City Guide to rezone states that the action taken by the City is final and the rezone request may not be resubmitted to the zoning administration within six (6) months following each action. She questioned why this rezone is now coming before the City Council. She stated a rezone should only be approved if it benefits the general public. Roger Buchanan, Idaho Falls, appeared. Mr. Buchanan testified at the P&Z Meeting in September. He stated the same issue was presented regarding the traffic problem if the zoning is changed. He also stated the motion that was made by the P&Z Commission to approve the rezone was based upon the vacation of half of Carol Avenue. Mr. Buchanan asked the Council to not approve the zoning as there is not enough information and the Council is 15  October 25, 2018 working in a grey area. He uses Carol Avenue to get out of the subdivision and has never had much problem getting in and out. He noted there are only two (2) curb cuts to the subject property. Mayor Casper stated the public notice for the current meeting clearly stated that the two (2) items had to be considered separately, therefore, only the rezone was placed on the agenda. A good faith reason was made so there is no grey area on their procedure. Mayor Casper questioned the six-month timeframe regarding the rezone. Director Cramer did not find the statute on the six-month rule and read “after the governing board has made a decision on a zoning classification the governing board shall not subsequently reverse its action or otherwise change the zoning classification without the consent in writing of the current property owner for a period of four (4) years.” Director Cramer stated there is consent of the property owner. Mayor Casper questioned a community meeting. Director Cramer stated there are no requirements for a community meeting, although they are strongly advised. Mayor Casper questioned if staff strives to follow the procedural rules that the State Law prescribes when it comes to observing rights, deadlines, etc. Director Cramer confirmed staff strives to follow all guidelines and have cancelled hearings when they have not met the deadlines. He stated, according to staffs’ records, the posting was completed as required. Mayor Casper resumed public testimony. Allen King, Idaho Falls, appeared. Mr. King questioned the zoning on half of Carol Avenue. Mr. Fife confirmed that is the current proposal. Mr. King questioned if zoning half the street would allow access onto Carol Avenue through the subdivision towards Caribou. He stated the previous rezone request was denied because the neighborhood would be impacted by the commercial access to Carol Avenue. He indicated Carol Avenue is used as an access to and from the neighborhood. Mayor Casper stated zones can permit traffic flow. Mr. King expressed his concern about the commercial traffic moving through the neighborhood. Jim Avens, Idaho Falls, appeared. Mr. Avens has lived on Joan Drive for 28 years. He asked the Council to not vote in favor of the rezone as the rezone is an intrusion to the neighborhood. Jay Simonson, Idaho Falls, appeared. Mr. Simonson believes the rezoning of half the street will impact Carol Avenue and the Hatch Subdivision. He also believes the only person to benefit from the rezone will be the owners of the property and property values will decrease. Theresa Pope, Idaho Falls, appeared. Ms. Pope represented herself and her husband. She indicated their property connects to one (1) of the properties being considered for rezone. She is not in favor of the rezone as she does not want any more commercial business in the area. Ms. Pope indicated she is not against business and commerce although she wants to maintain the residential atmosphere. She stated the only person in favor of the rezone is the petitioner and the rest of the people attending the meeting have been opposed to the rezone. She requested the Council deny the petition for rezone. Debbie Irick, Idaho Falls, appeared. Ms. Irick distributed maps showing previous and current views of Winco. She stated no homes had to be removed to build Winco. She expressed her concern for the residential neighborhood and does not believe this property development is in the best interest of the residents. She is also concerned more traffic could endanger the deaf child in the neighborhood, as well as children at a home daycare business. Mr. Irick believes it is selfish of Mr. Mortimer to purchase three (3) homes at the end of Carol Avenue and not consider the impact on the neighborhood. She indicated the homes Mr. Mortimer owns have been rentals and not well maintained, which has affected the property values in the neighborhood. She found it insulting that Mr. Mortimer purchased the third home at a fair market value, and offered Ms. Hines below market value for her home. Ms. Irick does not believe a strip mall, gas station or car wash is progress for the community. She indicated that ambulance, school buses, etc., need access to the neighborhood. She believes there are many suitable locations for Mr. Mortimer’s proposals. Jim Dokus, Idaho Falls, appeared. Mr. Dokus has lived on Masters Drive for 37 years. He stated the P&Z Commission indicated their job is to consider the entire City and not just the residents of the Hatch Subdivision and, Mr. Mortimer has a right to a return on his investment. Mr. Dokus stated Mr. Mortimer doesn’t have a right to 16  October 25, 2018 anything and the residents should have some rights as they bought their homes to live in, not as an investment. He is opposed to the commercial intrusion into the neighborhood and asked Council to vote against the proposal. Chesley Jay Barnes Sr., Idaho Falls, appeared. Mr. Barnes has raised his children in the neighborhood. He stated he has known Mr. Mortimer for several years and knows he is a decent person. He believes emotion comes out in these proceedings. Mr. Barnes indicated there is space available for new commercial, but it doesn’t need to be in this neighborhood. He stated the neighborhood retains its residents and they contribute to the tax base. He supports business and being an entrepreneur, but this commercial property is not adjacent to the Hatch Subdivision, it is within the subdivision. Mr. Barnes stated this is the exact same petition that was voted down at the previous City Council Meeting. He asked people to put emotion aside, no laws have been broken, no contracts have been broken, and Mr. Mortimer is only doing what the law permits him to do. Mr. Barnes also expressed his concern for the deaf child in the neighborhood and is concerned that revisiting the same application time and time again will soon make people tired and not show up. He believes the rezone would do a disservice to the area. Mayor Casper stated this is a different shaped parcel than the previous rezone application. Mr. Fife believes there is a problem as City Code 11-6-3, G(1) states “No Application that has been denied by the City shall be resubmitted in substantially the same form for the same use within one (1) year from the date of denial.” Mr. Fife interpreted, following consultation with Director Cramer, this is substantially the same form with the only addition being half of the street. He believes the rezone should not be reconsidered for one (1) year from the date of the last denial. Mr. Fife stated he was unaware of this particular City Code. Mayor Casper believed the intent, which included the vacation, was a substantially different request. Per Mr. Fife’s recommendation, Mayor Casper vacated the hearing with no action required on behalf of the Council. Legal Subject: Public Hearing – Updated Fee Schedule For consideration is a Resolution which will update Idaho Falls Power and Police Department fees. The proposed changes are necessary to address the cost of providing services. Mayor Casper opened the public hearing. She briefly reviewed the proposed fees. Mayor Casper requested any public comment. Ronald Jorde, Idaho Falls, appeared. Mr. Jorde believes the distracted driving fees should be higher. Mayor Casper closed the public hearing. It was moved by Councilmember Freeman, seconded by Councilmember Radford, to approve the Resolution to update the noticed fees into the City’s fee schedule, and give authorization for the Mayor and City Clerk to execute the necessary documents. Roll call as follows: Aye – Councilmembers Dingman, Smede, Francis, Freeman, Hally, Radford. Nay – none. Motion carried. RESOLUTION NO. 2018-28 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. Mayor Casper stated the fees related to distracted driving will not be charged until a period of education occurs. Announcements and Adjournment: 17  October 25, 2018 Mayor Casper stated Boo at the Zoo is being held October 25-27; the final Farmer’s Market will be held October 27; Real Hero’s Trunk or Treat will be held October 25; and, RECreate Idaho Falls public meeting regarding Parks and Recreation will be held October 30. There being no further business, the meeting adjourned at 12:09 a.m. s/ Kathy Hampton s/ Rebecca L. Noah Casper CITY CLERK MAYOR 18