City Council

December 12, 2019 The City Council of the City of Idaho Falls met in Regular Council Meeting, Thursday, December 12, 2019, 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 Thomas Hally Councilmember John Radford Councilmember Jim Francis Councilmember Michelle Ziel-Dingman Councilmember Shelly Smede Councilmember Jim Freeman Also present: All available Department Directors Randy Fife, City Attorney Kathy Hampton, City Clerk Pledge of Allegiance: Mayor Casper requested Council President Hally to lead those present in the Pledge of Allegiance. Public Comment: Mayor Casper requested any public comment not related to items currently listed on the agenda or not related to a pending matter. No one appeared. Consent Agenda: The Airport requested approval and acceptance of Idaho Transportation Department Division of Aviation Grant. RESOLUTION NO. 2019-25 CITY OF IDAHO FALLS, ACCEPTING THE GRANT OFFER OF THE STATE OF IDAHO THROUGH THE IDAHO TRANSPORTATION DEPARTMENT, DIVISION OF AERONAUTICS, IN THE MAXIMUM AMOUNT OF $15,000.00 TO BE USED UNDER THE IDAHO AIRPORT AID PROGRAM, FS PROGRAM NUMBER: F208IDA, PROJECT NUMBER: AIP045 IN THE DEVELOPMENT OF THE IDAHO FALLS REGIONAL AIRPORT. Idaho Falls Power requested ratification of Power Trade Confirmation Agreements. Public Works requested approval of Bid Award – Tautphaus Park North Park Drive Improvements at Butte Arm Canal; and, Bid Award – Fielding Cemetery Road Improvements. Municipal Services requested approval of the Treasurer’s Report for the month of October, 2019; Gift Deed for Idaho Falls Power; Bid IF-20-01, Purchase of Side-Load Container Trucks for Public Works; and, Bid IF-20-02, Purchase of Tilt-Frame Truck for Public Works. The City Clerk requested approval of minutes from the November 25, 2019 Council Work Session; and, November 26, 2019 Special Council Meeting; and, License Applications, all carrying the required approvals. 1  December 12, 2019 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 Dingman, Radford, Francis, Smede, Hally, Freeman. Nay – none. Motion carried. Regular Agenda: Public Works Subject: Iona Bonneville Sewer District (IBSD) – Request for Sewer Service Area Expansion For consideration is a request from the IBSD to increase the District's sewer service area boundary by 68.64 acres for Liberty Homes. The proposed expansion area is for inclusion of property located generally south of the North Yellowstone Highway and north of the East Iona Road. Councilmember Freeman stated due to a cooperative agreement with the City, IBSD must obtain approval from the City to expand their service area. He also stated there is concern that the sewage from IBSD into the Sunnyside trunk line is nearing capacity. At the City’s request, IBSD has previously reduced their service area in order to take on new acreage. Even with the requested increase, the service area is smaller by 162 acres than it was in 2016. It was moved by Councilmember Freeman, seconded by Councilmember Francis, to approve the expansion request from the Iona Bonneville Sewer District and give authorization to modify the sewer service area accordingly. Roll call as follows: Aye – Councilmembers Radford, Freeman, Smede, Francis, Dingman, Hally. Nay – none. Motion carried. Idaho Falls Power Subject: Consulting Services Agreement with Kleinschmidt Associates for Phase I Relicensing Preparatory Work For consideration is a proposal for consulting services agreement with Kleinschmidt Associates for Idaho Falls Power (IFP) Phase I Relicensing Preparatory Work. The consulting services agreement will provide document development for the relicensing of the Hydropower Projects for a not-to-exceed cost of $70,000.00. Councilmember Radford stated this item was discussed at an IFP Board Meeting. He also stated the City has started the relicensing process to meet the Federal Energy Regulatory Commission (FERC) license requirements. It was moved by Councilmember Radford, seconded by Councilmember Hally, to approve the consulting services agreement for Phase I Relicensing Preparatory Work with Kleinschmidt Associates for a not-to-exceed cost of $70,000.00, and give authorization for the Mayor to execute the necessary documents. Roll call as follows: Aye – Councilmembers Hally, Smede, Dingman, Freeman, Francis, Radford. Nay – none. Motion carried. Community Development Services Subject: Annexation and Initial Zoning of CC, Annexation and Initial Zoning Ordinances, and Reasoned Statements of Relevant Criteria and Standards, 2.617 acres, 1754 Milligan Road For consideration is the Annexation and Initial Zoning of CC, Annexation and Zoning Ordinances, and Reasoned Statements of Relevant Criteria and Standards for approximately 2.617 acres of Section 24, Township 2 North, Range 37 East, for a property located at 1754 Milligan Road. The Planning and Zoning (P&Z) Commission considered this item at its November 12, 2019 meeting and recommended approval by unanimous vote. Staff concurs with this recommendation. 2  December 12, 2019 Councilmember Smede stated this property is currently partially developed. She also stated there is frontage onto Milligan Road, which is currently gravel. This is a Category A annexation. It was moved by Councilmember Smede, seconded by Councilmember Dingman, to approve the Ordinance annexing M&B: 2.617 acres of Section 24, Township 2 North, Range 37 East, under a suspension of the rules requiring three complete and separate readings and request that it be read by title and published by summary. Roll call as follows: Aye – Councilmembers Smede, Hally, Radford, Dingman, Freeman, Francis. Nay – none. Motion carried. At the request of Mayor Casper, the City Clerk read the ordinance by title only: ORDINANCE NO. 3283 AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO; PROVIDING FOR THE ANNEXATION OF APPROXIMATELY 2.617 ACRES DESCRIBED IN 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 of M&B: 2.617 acres of Section 24, Township 2 North, Range 37 East, and give authorization for the Mayor to execute the necessary documents. Roll call as follows: Aye – Councilmembers Dingman, Smede, Francis, Freeman, Hally, Radford. Nay – none. Motion carried. It was moved by Councilmember Smede, seconded by Councilmember Dingman, to assign a Comprehensive Plan Designation of Greenbelt Mixed Uses, and to approve the ordinance establishing the initial zoning for M&B: 2.617 acres of Section 24, Township 2 North, Range 37 East, under a suspension of the rules requiring three complete and separate readings and request 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 – Councilmembers 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. 3284 AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO; PROVIDING FOR THE INITIAL ZONING OF APPROXIMATELY 2.617 ACRES DESCRIBED IN EXHIBIT A OF THIS ORDINANCE AS CC 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 the Initial Zoning for M&B: 2.617 acres of Section 24, Township 2 North, Range 37 East, and give authorization for the Mayor to execute the necessary documents. Roll call as follows: Aye – Councilmembers Smede, Hally, Dingman, Radford, Freeman, Francis. Nay – none. Motion carried. Subject: Annexation and Initial Zoning of I&M, Annexation and Zoning Ordinances, and Reasoned Statements of Relevant Criteria and Standards, Lot 4, Block 1, Sunnyside Industrial and Professional Park For consideration is the Annexation and Initial Zoning of I&M, Annexation and Zoning Ordinances, and Reasoned Statements of Relevant Criteria and Standards for Lot 4, Block 1, Sunnyside Industrial and Professional Park. The 3  December 12, 2019 Planning and Zoning Commission considered this item at its December 3, 2019 meeting and recommended approval by unanimous vote. Staff concurs with this recommendation. Councilmember Smede stated this parcel is currently undeveloped land. This is a Category A annexation. It was moved by Councilmember Smede, seconded by Councilmember Dingman, to approve the Ordinance annexing Lot 4, Block 1, Sunnyside Industrial and Professional Park, under a suspension of the rules requiring three complete and separate readings and request that it be read by title and published by summary. Roll call as follows: Aye – Councilmembers Hally, Francis, Radford, Dingman, Smede, Freeman. Nay – none. Motion carried. At the request of Mayor Casper, the City Clerk read the ordinance by title only: ORDINANCE NO. 3285 AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO; PROVIDING FOR THE ANNEXATION OF LOT 4, BLOCK 1, SUNNYSIDE INDUSTRIAL AND PROFESSIONAL PARK, 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 of Lot 4, Block 1, Sunnyside Industrial and Professional Park, and give authorization for the Mayor to execute the necessary documents. Roll call as follows: Aye – Councilmembers Freeman, Radford, Smede, Francis, Dingman, Hally. Nay – none. Motion carried. It was moved by Councilmember Smede, seconded by Councilmember Dingman, to assign a Comprehensive Plan Designation of Highway Related Industrial, and to approve the ordinance establishing the initial zoning for Lot 4, Block 1, Sunnyside Industrial and Professional Park, under a suspension of the rules requiring three complete and separate readings and request 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 – Councilmembers Hally, Radford, Francis, Dingman, Smede, Freeman. Nay – none. Motion carried. At the request of Mayor Casper, the City Clerk read the ordinance by title only: ORDINANCE NO. 3286 AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO; PROVIDING FOR THE INITIAL ZONING OF LOT 4, BLOCK 1, SUNNYSIDE INDUSTRIAL AND PROFESSIONAL PLAZA AS I&M 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 the Initial Zoning for Lot 4, Block 1, Sunnyside Industrial and Professional Park, and give authorization for the Mayor to execute the necessary documents. Roll call as follows: Aye – Councilmembers Francis, Dingman, Freeman, Hally, Radford, Smede. Nay – none. Motion carried. Subject: Annexation and Initial Zoning of LC, Annexation and Zoning Ordinances, and Reasoned Statements of Relevant Criteria and Standards, 27.646 Acres, Section 16, T 2N R 38E For consideration is the Annexation and Initial Zoning of LC, Annexation and Zoning Ordinances, and Reasoned Statements of Relevant Criteria and Standards for approximately 27.646 acres in Section 16, Township 2 North, 4  December 12, 2019 Range 38 East. The Planning and Zoning Commission considered this item at its October 1, 2019 meeting and recommended approval by unanimous vote. Staff concurs with this recommendation. Councilmember Smede stated this parcel includes a residence and vacant agricultural land. This is a Category A annexation. Councilmember Smede stated there are existing utilities surrounding the parcel and is hopeful the annexation will encourage development. It was moved by Councilmember Smede, seconded by Councilmember Dingman, to approve the Ordinance annexing M&B: 27.646 acres, Section 16, Township 2 North, Range 38 East, under a suspension of the rules requiring three complete and separate readings and request that it be read by title and published by summary. Roll call as follows: Aye – Councilmembers Freeman, Francis, Hally, Radford, Smede, Dingman. Nay – none. Motion carried. At the request of Mayor Casper, the City Clerk read the ordinance by title only: ORDINANCE NO. 3287 AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO; PROVIDING FOR THE ANNEXATION OF APPROXIMATELY 27.646 ACRES DESCRIBED IN 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 of M&B: 27.646 acres, Section 16, Township 2 North, Range 38 East, and give authorization for the Mayor to execute the necessary documents. Roll call as follows: Aye – Councilmembers Dingman, Radford, Francis, Smede, Hally, Freeman. Nay – none. Motion carried. It was moved by Councilmember Smede, seconded by Councilmember Dingman, to assign a Comprehensive Plan Designation of Commercial, Higher Density, and Lower Density, and to approve the ordinance establishing the initial zoning for M&B: 27.646 acres, Section 16, Township 2 North, Range 38 East, under a suspension of the rules requiring three complete and separate readings and request 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 – 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. 3288 AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO; PROVIDING FOR THE INITIAL ZONING OF APPROXIMATELY 27.646 ACRES DESCRIBED IN EXHIBIT A OF THIS ORDINANCE AS LC, LIMITED COMMERCIAL 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 the Initial Zoning for M&B: 27.646 acres, Section 16, Township 2 North, Range 38 East, and give authorization for the Mayor to execute the necessary documents. Roll call as follows: Aye – Councilmembers Hally, Smede, Dingman, Freeman, Francis, Radford. Nay – none. Motion carried. Subject: Public Hearing – Annexation and Initial Zoning, Annexation and Zoning Ordinances, and Reasoned Statements of Relevant Criteria and Standards, Approximately 220 Acres 5  December 12, 2019 For consideration is the Annexation and Initial Zoning of I&M, LM, HC, LC and R1, Annexation and Zoning Ordinances, and Reasoned Statements of Relevant Criteria and Standards for approximately 220 acres in Sections 14, 23-25, and 36, Township 2 North, Range 37 East and Sections 7-9, 16-17, Township 2 North, Range 38 East. These properties are generally non-residential land uses. The Planning and Zoning Commission considered this item at its October 1, 2019 meeting and recommended approval of the following according to the areas (refer to map): Area 1: As presented by a unanimous vote Area 2: As presented by a vote of 7-1 Area 3: As presented by a unanimous vote Area 4: As presented by a vote of 7-1 Area 5: As presented by a vote of 7-1 Area 6: As presented by a unanimous vote Mayor Casper opened the public hearing and ordered all items presented be included in the record. Community Development Services Director Brad Cramer stated the following two (2) annexations have been divided into non-residential land uses and residential land uses due to different issues being considered. He stated the non-residential annexations are Category B as the focus was on properties that receive a City utility. The properties either receive a utility or the property is part of a property that is already annexed and receives a utility. The annexation also includes remnant parcels such as canal Rights-of-Way (ROW) and other non-taxable properties. Director Cramer stated the annexation sections have been broken out into areas due to the annexation being so broad. He noted the number on the map is associated to one (1) of the six (6) areas. He also noted properties/parcels that may be excluded have been assigned a tract. Director Cramer stated these parcels have been carefully researched and are within the Idaho Statue for annexation and are also within the Statement of Annexation Principles that was previously adopted by the Council. He noted there is a slight decrease in acreage (to 214 acres) due to the extensive work by the City’s survey crew. Director Cramer clarified the four (4) maps will show the current zoning of the surrounding area(s), aerial photos of the location(s), the Comprehensive Future Land Use Map, and, the proposed zoning of each section(s). He then presented the following: Slide 1A – Areas under consideration in current zoning Director Cramer stated these areas include parcels mainly south of Broadway, north of Broadway, and, Troy Avenue. Slide 1B – Aerial photo Slide 1C – Comprehensive Plan Future Land Use Map Slide 1D – Proposed zoning Director Cramer stated three (3) things considered for the proposed zoning included the surrounding zone, the Comprehensive Plan, and, staff tried to request a zone that would not create non-conforming uses. Slide 2A – Area under consideration in current zoning Director Cramer stated this area includes I-15 and Pancheri Drive. He noted this area did not receive a unanimous vote by P&Z. Slide 2B – Aerial photo Director Cramer stated the areas not unanimously voted on by P&Z were due to inconsistencies in land uses. He also stated those parcels with no utility connection were left out. Slide 2C – Additional aerial photo Director Cramer noted the Statement of Annexation Principles were included on each map. Slide 2D – Comprehensive Plan Future Land Use Map Slide 2E – Proposed zoning Slide 3A – Areas under consideration in current zoning Director Cramer stated these areas include Holmes Avenue, Science Center and Lincoln Road, and, Anderson. Slide 3B – Aerial photo Slide 3C – Additional aerial photo Director Cramer noted those properties that have a utility connection as well as an agreement for annexation. Slide 3D – Additional aerial photo 6  December 12, 2019 Slide 3E – Comprehensive Plan Future Land Use Map Slide 3F – Proposed zoning Slide 4A – Areas under consideration in current zoning Director Cramer stated these areas include North Woodruff Avenue with Lincoln as the cross road, and, North Yellowstone Highway. He indicated staff was unaware of certain properties that did not have a utility connection along North Woodruff Avenue. He noted staff has worked with the Public Works Department to determine these additional properties, these properties will be annexed at a future time. He also noted the entire length of North Woodruff is being proposed for the annexation for consistency of maintenance. Slide 4B – Aerial photo Slide 4C – Additional aerial photo Director Cramer stated a platted ROW is also proposed for annexation. Slide 4D – Additional aerial photo Slide 4E – Comprehensive Plan Future Land Use Map Slide 4F – Proposed zoning Slide 5A – Areas under consideration in current zoning Director Cramer stated these areas include North Woodruff, First Street, and, remnants of parcels. Slide 5B – Area under consideration in current zoning Director Cramer stated this area includes a substation on Hitt Road just south of Lincoln Road. Slide 5C – Aerial photo Slide 5D – Additional aerial photo Slide 5E – Additional aerial photo of substation Slide 5F – Comprehensive Plan Future Land Use Map Slide 5G – Proposed zoning Slide 5H – Proposed zoning of substation Slide 6A – Area under consideration in current zoning Director Cramer stated this area includes Sunnyside Road and Yellowstone Avenue. Slide 6B – Aerial photo Slide 6C – Additional aerial photo Slide 6D – Additional aerial photo Slide 6E – Comprehensive Plan Future Land Use Map Slide 6F – Proposed zoning Slide 7 – Airport Overlay Zone for proposed areas Slide 8 – Airport Overlay Zone, Height Limitations Director Cramer stated there should be no concern for height limitations in these areas. To the response of Councilmember Francis, Director Cramer clarified enclaved is defined as being surrounded. Enclaved does not have to be a single parcel. There is no requirement to annex all or none of the enclaved parcels. Also to the response of Councilmember Francis, Director Cramer clarified contiguous is defined as the boundaries of the property are touching existing City limits. To the response of Mayor Casper, Director Cramer stated a recent law passed in the previous legislative session stated that properties that are five (5) acres or larger and have an active agricultural use cannot be annexed by a City without consent or an agreement that’s in place. He also stated there are two (2) types of consent – as requested by a property owner; or, if the property is receiving a City utility, specifically water and sewer (not power). Also to the response of Mayor Casper, Director Cramer confirmed the Council previously requested these particular properties be identified in order to move toward annexation. Councilmember Radford requested a review of the annexation process. Director Cramer stated the process began with identifying City utilities outside of City limits, which included approximately 300 parcels. He also stated this process included negotiations with the County regarding the Area of Impact (AOI). He believes this may be the fifth or sixth City-initiated annexation. He indicated these parcels all had connections to utilities. These proposed annexations represent a final of approximately 300 parcels. Mayor Casper requested public comments. 7  December 12, 2019 David Farnsworth, North Woodruff Avenue automotive repair business owner, appeared. Mr. Farnsworth expressed his appreciation to the elected officials. He also expressed his concern for the increase of taxes for this property. He stated he purchased this property approximately three (3) years ago after a lot of consideration and research as he believed this property could be beneficial to his business. He noted this property has been in the County for more than 50 years and he had no thoughts of being blindsided into an annexation. Mr. Farnsworth stated, upon annexation, the property taxes would increase by approximately $10,200 per year. He stated his family has worked hard at this business and is continually trying to grow the business. He does not feel he is careless with money as his family sticks to a tight budget and the business equipment has been purchased with savings. Mr. Farnsworth stated he is discouraged as he does not believe he has a leg to stand on. He was aware of being connected to a City utility although he was unaware this would be considered unwritten consent. Mr. Farnsworth stated his family recently purchased a starter home with no new items as his family tries to live very frugal. He expressed concern that the increased cost could put them out of business. He pleaded for mercy and compassion. He understands the City’s reason for growth, although he requested this property not be annexed at this time. He also requested extra time to establish the business, possibly in five (5) years. He noted there are a lot of expenses for an older building and the extra $10,000 is a big amount. Mr. Farnsworth stated he tries to work with the community and perform service including an intern program within the business. He again requested the annexation be put on hold at this time so he could build up his business and prepare for the additional cost. Matt Williams, Sunnyside Acres resident, appeared. It was clarified Mr. Williams comments should be received for the following (residential) annexation. Larry Lafave, Idaho Falls resident and property owner of a business on Woodruff Avenue and Yellowstone Highway, appeared. Mr. Lafave stated his business has City sewer although he was unaware of any agreement. He did not believe this was a problem. He stated he does not have a problem with annexation, although he does not want to pay additional money. Mr. Lafave expressed his concern with cherry-picking of properties. He requested this annexation be postponed until the remaining parcels on Woodruff Avenue are annexed. Christopher Larsen, Idaho Falls resident, appeared. Mr. Larsen believes the line/area on the south eastern side of Troy Avenue is 16’ too wide as it appears to interfere with the south Troy Homeowners Association (HOA) land that has been cultivated for the previous 30 years. He is unsure if the map is accurate. Director Cramer reappeared. Councilmember Freeman questioned the remaining properties on Woodruff Avenue. Director Cramer stated the initial plan would be to annex those properties that have sewer connection that staff was unaware of. He also stated he was unaware of the exact number of properties although he believes the number is minimal. To the response of Councilmember Radford, Director Cramer stated the date for these annexations is unknown at this time, possibly in early spring. He does not believe a delay of the current proposed properties would accomplish anything as the work/process has already been completed. He also does not believe there has been any cherry-picking as he reiterated that staff was unaware of these properties. All known parcels have been included in the proposed annexation. Director Cramer indicated these additional parcels are not on record and may not have ever paid any amount to the City. To the response of Councilmember Radford, Director Cramer believes this annexation would have completed all annexation of properties with utilities that were also contiguous per the Statement of Annexation Principles. Director Cramer also clarified that Mr. Farnsworth’s property has a utility connection but it does not have an agreement for annexation. To the response of Councilmember Smede, Director Cramer stated the maps were created based on County parcel data. He would not consider the maps accurate as a survey. He stated the survey crew reviewed every surrounding legal description, therefore the legal description in the ordinance is accurate. He noted the property owned by the adjacent church is included in the legal description. Mayor Casper questioned the cultivation/beautification of the property. Mr. Fife stated prescriptive easement done by use is persistent and known although it may be difficult to prove. He stated a title could change the property but the property does not change owners due to cultivation/beautification. Director Cramer stated staff does not get involved with property owner issues. Councilmember Freeman noted that it appears the bottom of the trees may be in the border. Councilmember Radford questioned a commercial or residential property owner that may fall behind on their City taxes. Mr. Fife noted the County collects taxes, not the City. There could be penalties with the County including the sale of the property. To the response of Councilmember Smede, Director Cramer stated the property 8  December 12, 2019 tax rate for these businesses would be the same as other existing businesses in the City. To the response of Councilmember Francis, Director Cramer stated the maintenance of Woodruff Avenue would now belong to the City and, the Insurance Services Office (ISO) rating for the Fire District would apply mainly to those commercial properties being annexed. Mayor Casper closed the public hearing. Councilmember Smede stated hundreds of parcels that have been receiving services have been found over the course of the previous two (2) years, which have caused several issues. She noted in 2014 the Council decided it was critical to clean up these properties so the City could continue to develop in an orderly fashion. She stated the City has spent a lot of time on these annexations as the procedures are extensive. Councilmember Smede feels empathy for those businesses who are close to town but have not paid the taxes, although she believes it’s important to remember the adjacent properties that have been paying the taxes. She reviewed the Statement of Annexation Principles referencing the efficient and equitable tax and fee-supported services. Councilmember Francis expressed his concern for the taxes although he also realizes those other businesses that have been paying the taxes. Councilmember Radford stated staff does not take annexations lightly and they have worked hundreds of hours on these annexations. He believes there is an issue of equity and predictability for those small sections within the City which can assist with planning. Mayor Casper noted there may be a tax increase although City service costs will be reduced, in addition to the ISO rating. She stated the elected officials are committed to the City as they believe there is a benefit to being part of an urban area. She also believes the Statement of Annexation Principles are fair and equitable. It was moved by Councilmember Smede, seconded by Councilmember Dingman, to approve the Ordinance annexing M&B: approximately 214 acres in Sections 14, 23-25, and 36, Township 2 North, Range 37 East and Sections 7-9, 16-17, Township 2 North, Range 38 East, under a suspension of the rules requiring three complete and separate readings and request that it be read by title and published by summary. Roll call as follows: Aye – Councilmembers Smede, Hally, Radford, Dingman, Freeman, Francis. Nay – none. Motion carried. At the request of Mayor Casper, the City Clerk read the ordinance by title only: ORDINANCE NO. 3289 AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO; PROVIDING FOR THE ANNEXATION OF APPROXIMATELY 214 ACRES DESCRIBED IN EXHIBITS 1A, 2A, 3A, 4A, 5A, 5B, AND 6A 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 of M&B: Approximately 214 acres in Sections 14, 23-25, and 36, Township 2 North, Range 37 East and Sections 7-9, 16-17, Township 2 North, Range 38 East, and give authorization for the Mayor to execute the necessary documents. Roll call as follows: Aye – Councilmembers Dingman, Smede, Francis, Freeman, Hally, Radford. Nay – none. Motion carried. It was moved by Councilmember Smede, seconded by Councilmember Dingman, to assign a Comprehensive Plan Designation of Low Density Residential, Higher Density Residential, Commercial, Highway Related Industrial, Employment Center, Greenbelt Mixed Use, Parks, Recreation Public Facilities, Open Space, and to approve the ordinance establishing the initial zoning for M&B: Approximately 214 acres in Sections 14, 23-25, and 36, Township 2 North, Range 37 East and Sections 7-9, 16-17, Township 2 North, Range 38 East, under a suspension of the rules requiring three complete and separate readings and request 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 9  December 12, 2019 Comprehensive Plan and Zoning Maps located in the Planning Office. Roll call as follows: Aye – Councilmembers 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. 3290 AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO; PROVIDING FOR THE INITIAL ZONING OF APPROXIMATELY 214 ACRES DESCRIBED IN EXHIBITS 1A, 2A, 3A, 4A, 5A, 5B, AND 6A OF THIS ORDINANCE AS I&M, LM, HC, LC, & R1 ZONES, INCLUDING AIRPORT OVERLAY ZONE DESIGNATIONS; 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 for M&B: Approximately 214 acres in Sections 14, 23-25, and 36, Township 2 North, Range 37 East and Sections 7-9, 16-17, Township 2 North, Range 38 East, and give authorization for the Mayor to execute the necessary documents. Roll call as follows: Aye – Councilmembers Smede, Hally, Dingman, Radford, Freeman, Francis. Nay – none. Motion carried. Subject: Public Hearing – Annexation and Initial Zoning, Annexation and Zoning Ordinances, and Reasoned Statements of Relevant Criteria and Standards, Approximately 110 acres For consideration is the Annexation and Initial Zoning of I&M, LC, R3A, RMH, R2, RE, RP and R1, Annexation and Zoning Ordinances, and Reasoned Statements of Relevant Criteria and Standards for approximately 110 Acres in Sections 1, 14-15, 24-26, 35-36, Township 2 North, Range 37 East and Sections 6, 8, 16, 31, 33, Township 2 North, Range 38 East. These properties in this annexation are generally residential land uses. The Planning and Zoning Commission considered this item at its October 1, 2019 meeting and recommended approval of the following according to the areas (refer to map): Area 1: As presented by a vote of 6-1. Area 2: Delay on consideration of these properties for annexation until further research can be completed on these properties regarding whether the properties are enclaved or not, connection to city water and agreement for annexation are a direct result of ground water pollution from the city dump to the east by a vote of 7-0. Area 3: Approval with an initial zoning for the canal piece to be consistent with the zoning of the canal piece to the south by a vote of 7-0. Area 4: Approval with the exclusion of the property identified in slide 4B by a vote of 7-0. Area 5: Approval with an initial Zoning of RE, Residential Estate by a vote of 6-1. Area 6: As presented by a vote of 6-1. Area 7: As presented by a vote of 6-1. Mayor Casper opened the public hearing and ordered all items presented be entered into the record. Director Cramer noted the slide presentation is similar to the previous annexation presentation. He stated these properties will be a mix of Category A (statutory residential enclave) and Category B annexations, however, the entire annexation was processed as a Category B annexation as Category B allows more process, including a public hearing and an annexation plan. He also noted the actual acreage has been reduced to 91 acres. He then presented the following: Slide 1A – Areas under consideration in current zoning Director Cramer stated these are primarily individual properties located on the west side of Idaho Falls. Slide 1B – Aerial photo Director Cramer stated these properties are generally in residential neighborhoods with some commercial properties. 10  December 12, 2019 Slide 1C – Additional aerial photo Director Cramer stated this property is located on Colorado Avenue. Slide 1D – Comprehensive Plan Future Land Use Map Slide 1E – Proposed zoning Slide 1F – Proposed zoning for property on Colorado Avenue Slide 2A – Area under consideration in current zoning Director Cramer stated this area is located along E. River Road/5th West, Sage Lakes Golf Course is to the north and Hatch Pit is located in the center. He noted there are five (5) residential parcels. Slide 2B – Aerial photo Director Cramer noted those parcels that have a utility connection and an agreement to be annexed. He also noted the P&Z did not recommend unanimous approval until further research could be completed regarding enclaved, connection to City water, an agreement for annexation, or, direct result of groundwater pollution from the City dump. Director Cramer stated, per the memo submitted, in 1992 the Bonneville County Commission requested that the City consider allowing 10 residences to connect to City water because the County ordinance prohibited the location of a landfill within 1,000 feet of those wells. He indicated, based on staff records, pollution had not occurred. This was based on pollution from the Hatch Pit that could occur. Therefore, the City agreed to connect those residences in 1992 although there were no connections until 1999, the most recent connection occurred in 2008. All entered into an agreement with the City to receive service, pay the out-of-City service fee, and, to be annexed once contiguous. Slide 2C – Comprehensive Plan Future Land Use Map Slide 2D – Proposed zoning Director Cramer stated the proposed zoning will allow for some agricultural uses. Slide 3A – Areas under consideration in current zoning Director Cramer stated this area is a spite strip (a gap) in between two (2) mobile home parks. Slide 3B – Aerial photo Slide 3C – Comprehensive Plan Future Land Use Map Slide 3D – Proposed zoning Slide 4A – Areas under consideration in current zoning Slide 4B – Aerial photo Director Cramer stated P&Z did not recommend annexation of this property on Hitt Road at this time due to existing water connections which are a result of contamination of land and wells on properties to the east of this area. He noted in the 1960’s the Sugarmill was dumping waste and contaminated the property. He also stated, based on the information provided, this area has been included in the proposed annexation because it meets the Statement of Annexation Principles, it has a water connection, and, it is contiguous with the City. Slide 4C – Aerial photo Director Cramer stated this area is in the central part of the City near 1st Street and Woodruff Avenue. This is a remnant parcel associated with an existing property. Slide 4D – Comprehensive Plan Future Land Use Map Slide 4E – Proposed zoning for parcel on Hitt Road Slide 4F – Proposed zoning for area near 1st Street and Woodruff Avenue Slide 5A – Area under consideration in current zoning Director Cramer stated this area includes two (2) parcels along Sunnyside Road, Channing Way, and, Crestwood Lane. He noted P&Z did not unanimously approve this area. Slide 5B – Aerial photo Director Cramer stated one (1) of the homes has a utility connection and an annexation agreement. The other home has a utility connection. Slide 5C – Comprehensive Plan Future Land Use Map Director Cramer stated the original zoning proposal for this area was R3A to allow for non-conforming uses, single-family residences. Slide 5D – Proposed zoning Slide 6A – Areas under consideration in current zoning Director Cramer stated these areas include Sunnyside Acres, residential properties east of Sunnyside Road, and, properties north on Rollandet. 11  December 12, 2019 Slide 6B – Aerial photo Slide 6C – Additional aerial photo Slide 6D – Additional aerial photo Slide 6E – Comprehensive Plan Future Land Use Map Slide 6F – Proposed zoning Slide 7A – Area under consideration in current zoning Director Cramer stated this area includes parcels along Koester Lane. Slide 7B – Aerial photo Director Cramer stated this area also includes parcels along Pioneer Road, including a home that receives a City utility. Slide 7C – Additional aerial photo of parcels along Koester Lane Director Cramer stated staff assumed the barn in the adjacent area was associated with the properties. It was determined this was not the case although the barn is still enclaved and annexable per law although it does not have a utility connection. The owner requested a zone designation that would be flexible. Slide 7D – Comprehensive Plan Future Land Use Map Slide 7E – Proposed zoning Slide 8 – Airport Overlay Zone Slide 9 – Additional Airport Overlay Zone Slide 10 – Airport Overlay Zone Height Limitations To the response of Councilmember Freeman, Director Cramer confirmed water and sewer utilities are received at Sunnyside Acres. To the response of Councilmember Radford, Director Cramer reiterated staff recommends R3A zoning for the parcels at Sunnyside Road and Channing Way as staff is trying to be respectful of the property owners’ request. He indicated the property owners have not protested the R3A zoning recommendation. He noted the properties south of this area are located in the County. Also to the response of Councilmember Radford, Director Cramer stated the RE zone is a rural-type zone which allows single-family homes, agricultural uses, and, is for lots larger than one (1) acre. The R3A is a mixed-use zone and allows single-family homes, an apartment complex, or, professional office. To the response of Councilmember Smede, Director Cramer believes the value of the properties will be determined by the County. Also to the response of Councilmember Smede, Director Cramer stated landscaping buffering, provided parking, and, height restrictions would be required for a medical building. Councilmember Hally questioned the widening of the roadway within the City to allow for additional traffic. Director Cramer stated any widening would occur at time of development, any roadway improvements would typically be requested. To the response of Councilmember Francis, Director Cramer once again clarified enclave and contiguous, specifically related to the property on Hitt Road (slide 4B); he confirmed the parcels along Sunnyside Road (slide 5B) have neighborhood covenants which are consistent with RE zoning; Sunnyside Acres (slide 6F) has private roads which will not be maintained by the City; and, the zoning of the barn (slide 7E) has been proposed as I&M per the owner request for flexibility of usage. Director Cramer noted anything that currently legally exists in the County would remain legal once annexed regardless of the City zone. Any change of use would require the change of City rules. To the response of Councilmember Radford, Director Cramer indicated the property adjacent to Sugarmill (slide 4B) probably would not have connected to City services had the contamination not occurred. Also to the response of Councilmember Radford, Director Cramer was unaware of the amount of clean-up on the property. To the response of Mayor Casper, Director Cramer stated Koester Lane is a private road although the road is part of the property for annexation. Mayor Casper requested public comments. Sherry Shell, W. Broadway property owner, appeared. Ms. Shell stated she agrees with the recommended zoning. She is not concerned about the neighbors/businesses although she expressed her concerned regarding the taxes. She stated in the mid-1990s the City Council tried to ban all home-based business. There is a home-based business on this property. Ms. Shell stated her family was forced out of the City by that attempt to ban the business. She indicated this business is her sole source of income and is hopeful her children can inherit this business. She expressed her concern for an assurance that the current use will not change. 12  December 12, 2019 Nick Day, owner of property on Hitt Road, appeared. Mr. Day stated the documents he submitted to the Council shows receipt of the contamination in November of 1960. He knows if the contamination would not have happened the same well would be used. Mr. Day stated the surrounding area is still owned by a family member of the original property owner. He also stated he wanted to buy the corner property place, knowing it had City water. He was unaware of any agreement for annexation nor does he believe the family would have agreed to an agreement for annexation. Mr. Day encouraged the Council to exclude this property from annexation. He does not mind paying for the water, however the property taxes would be difficult to pay as his income comes from the surrounding property use. Laron Shumway, property owner at the end of Crestwood Lane, appeared. Mr. Shumway stated both of the homes are currently sold. He also stated three (3) homes have been sold since 2017. He believes this is a lucrative place to be and he would like to maintain that as much as possible. He requested the R3 zoning designation. Gus Moedl, Troy Avenue, appeared. Mr. Moedl expressed his concern for access to the property on the west of the Troy Townhouse Association. He stated it does not appear there is a road that goes to that area. Mayor Casper stated this particular area was annexed in the previous hearing therefore Mr. Moedl should contact staff. Lamoyne Hyde, owner of Hyde Drift Boats, appeared. Mr. Hyde believes the property on Pancheri will be annexed in the future. He stated he would not be opposed to annexation if allowed similar things as most of the City gets. He indicated the same issues occur on their property on East River Road which includes no sewer, no electricity, and, is located next to development. Mr. Hyde stated the Sage Lakes area is on a piece of property that is connected to the City by a narrow path. He understands that does not require to hook on or be part of the City. He stated the East River Road property was hooked to City water due to contamination of the aquifer. Mr. Hyde stated the City said water would be given to the homeowners at no charge since the properties were so close to the connection. He also believes this property should be exempt due to it being five (5) acres. Mr. Hyde recommended leaving this property out of annexation consideration at this time. He stated there is a future development plan which includes a highway through his property. He also stated he is not opposed to paying taxes. It was clarified the property described was included on Slide 2B. Mr. Hyde stated the well in the area is a test well, it is not a producing well and the area includes a dump. He also stated when he built the home in 1978 he purchased a license/permit for City electricity although the electricity (Rocky Mountain Power and City) was turned off during the construction of the home. Corwin Cook, Crestwood Lane, appeared. Mr. Cook questioned if the City’s rights to hook ups exceed the development’s rights to hook ups where the City provides the sewer to two (2) homes. He stated the City was not near the area when this area was developed so he believes the City should have used the development standards of residential and agricultural to the connected properties rather than force the property to become medical. Mr. Cook stated the homes have been selling as residential properties in the past two (2) years although he believes the City wants this area to go to commerical. He requested the covenants of this development be allowed to flow as the covenants would allow this land to transition to commercial. He believes the commercial people will buy the land if there is enough interest and the covenants would be over-ridden. Mr. Cook also believes if more restrictive covenants were placed on the two (2) parcels these covenants would not apply to the restrictive zoning. He requested the parcels be left in the current zoning. He is unsure if this needs to be annexed at this time as the development currently provides water longer than the sewer has been provided by the City. He is also unsure why there have not been any charges for the sewer services. Matt Williams, Sunnyside Acres, appeared. Mr. Williams expressed his concern with the tax increases as he believes the lot rent prices will increase. He also believes water and possibly sewer are already being paid for. He is unaware if the owner of Sunnyside Acres has agreed to the annexation. Mr. Williams stated he found out about the annexation during a conversation with another individual. He also stated if the owner can’t pay the taxes or increases the lot rent several hundred families will be impacted and may be displaced. He also expressed his concern that Sunnyside Acres may be sold if the taxes are not paid. Mr. Williams questioned the annexation even though there is legal right to do so as he said the residents are already paying for the water and sewer services. He requested this area be excluded from annexation as the residents were not aware of it. He reiterated his concern for the increase of taxes and the impact on limited and fixed-income families. 13  December 12, 2019 Mayor Casper closed the public hearing. Public Works Director Chris Fredericksen appeared. Councilmember Dingman questioned the Hyde property and the potential of City water contamination. She believes this contamination was due to the Hatch Pit in the County which is not the responsibility of the City. Director Fredericksen believes that was the case. To the follow-up response of Councilmember Dingman, Director Fredericksen believes there was an agreement to serve up to 10 homes in this area to remedy the potential situation although he is unsure if there was actual testing of the water to confirm the contamination. He also believes the City was not legally obligated to provide the extension of water. To the response of Councilmember Francis, Director Fredericksen believes the two (2) properties on Crestwood Lane receive sewer services due to the original property owner request and the close proximity of the sewer line. Director Cramer reappeared. Councilmember Radford questioned the notice/letters sent to the residents of Sunnyside Acres. Director Cramer stated letters were only sent to property owners. He noted a previous trailer park annexation had individually-owned lots and therefore those owners did receive notices. He also noted there was conversation between the Sunnyside Acres property owner and staff regarding the annexation. Mayor Casper questioned the transitioning of property, as referred to by Mr. Cook, at some point as she believes zoning anticipates transitioning. Director Cramer stated one (1) of the policies of the Comprehensive Plan is to use existing land uses as a starting point. He also stated when the hospital was built in the early 1980’s the prediction would be a major medical center, which has occurred, as developed. He noted staff tries to be respectful of the property owner if there may be a different request for zoning. To the response of Councilmember Smede, Director Cramer stated the five (5) acres of the Hyde property is eligible due to the agreement upon becoming contiguous. To the response of Councilmember Francis, Director Cramer confirmed the property near the Sugarmill does not have an agreement for annexation although this particular property is now less than five (5) acres due to the widening of Hitt Road. To the response of Councilmember Freeman, Director Cramer stated zoning does not affect covenants as referenced by Mr. Cook. He also confirmed the current use will remain. To the response of Councilmember Francis, Director Cramer stated a letter of continued use, as referenced by Ms. Shell, can be provided if requested. He also noted home-based businesses have expanded their use. Also to the response of Councilmember Francis, Director Cramer believes the tax increase, as referenced by Mr. Williams, could be accurate due to the City levy. Community Development Services Planning Director Kerry Beutler appeared. To the response of Mayor Casper, Planning Director Beutler stated the initial concerns of the Sunnyside Acres property owner included the increase of taxes, non-conforming uses, existing setbacks within the park, and, maintenance of the private roads. He also stated a letter has been provided outlining the non-conforming uses. Mayor Casper stated there are many factors to assessing property value, she questioned if the zoning consideration is included in the assessment. Planning Director Beutler believes the County assessment is based on the use of the property, not the zoning. Director Cramer reappeared. He clarified individuals outside of the City pays twice as much for water and 10% more for sewer. These rates will decrease to the City rate with annexation. Mayor Casper closed the public hearing. Councilmember Smede believes the agreements for East River Road have been clarified. She also reiterated P&Z recommendations regarding the Hitt Road and Crestwood Lane properties. Councilmember Dingman noted the P&Z notes incorrectly identified the dump as a City dump, not a County dump. She expressed her frustration with this error. Councilmember Francis concurred. He is also inclined to stay with rural estate zoning for the Crestwood Lane properties as he believes if the properties were developed differently this would change the rest of that community. He noted, per previous discussions, the overall planning is a direction. Therefore, he recommended that the P&Z recommendation of residential estate is followed for this area. Councilmember Francis also believes the Hitt Road property was arranged by a third-party although he realizes this area is contiguous. Councilmember Freeman stated he trusts the P&Z and he would tend to follow their recommendation of exclusion of this area. Councilmember Hally stated the area on Crestwood Lane is a County road for a short time before crossing into the City. He believes this area will be developed, the traffic will increase, and, the road will be widened per the engineering intention. Councilmember Francis does not believe the zoning will affect what happens to the street 14  December 12, 2019 although he concurs that traffic will increase. Councilmember Dingman clarified the City owns the land at East River Road although the County operates and manages the dump. She indicated this was not clarified in the P&Z recommendation and therefore taints the recommendation as there is not accurate information. Councilmember Smede stated she is trusting staff’s notes for inclusion of this area. It was moved by Councilmember Smede, seconded by Councilmember Dingman, to approve the Ordinance annexing M&B: Approximately 91 Acres Sections 1, 14-15, 24-26, 35-36, Township 2 North, Range 37 East, and Sections 6, 8, 16, 31, 33, Township 2 North, Range 38 East, under a suspension of the rules requiring three complete and separate readings and request that it be read by title and published by summary. It was then moved by Councilmember Francis, seconded by Councilmember Freeman, to exclude Tract 4B (the Day property in Area 4 (Hitt Road)) from this round of annexation. Roll call as follows: Aye – Councilmembers Hally, Francis, Radford, Smede, Freeman. Nay – Councilmember Dingman. Motion carried. Mayor Casper requested a roll call vote on the original motion by Councilmember Smede with the exclusion of Tract 4B. Roll call as follows: Aye – Councilmembers Freeman, Smede, Francis, Hally. Nay – Councilmembers Dingman, Radford. Motion carried. At the request of Mayor Casper, the City Clerk read the ordinance by title only: ORDINANCE NO. 3291 AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO; PROVIDING FOR THE ANNEXATION OF APPROXIMATELY 91 ACRES DESCRIBED IN EXHIBITS 1A, 2A, 3A, 4C, 5A, 6A, AND 7A 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 Francis, to approve the Reasoned Statement of Relevant Criteria and Standards for the annexation of M&B: Approximately 91 Acres Sections 1, 14-15, 24-26, 35-36, Township 2 North, Range 37 East, and Sections 6, 8, 16, 31, 33, Township 2 North, Range 38 East, and give authorization for the Mayor to execute the necessary documents. Roll call as follows: Aye – Councilmembers Freeman, Smede, Francis, Dingman, Hally. Nay – Councilmember Radford. Motion carried. It was moved by Councilmember Smede, seconded by Councilmember Freeman, to assign a Comprehensive Plan Designation of Low Density Residential, Higher Density Residential, Commercial, Highway Related Industrial, Medical Services Center, Employment Center, and Parks, Recreation and to approve the ordinance establishing the initial zoning for M&B: Approximately 91 Acres Sections 1, 14-15, 24-26, 35- 36, Township 2 North, Range 37 East, and Sections 6, 8, 16, 31, 33, Township 2 North, Range 38 East, under a suspension of the rules requiring three complete and separate readings and request 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. It was then moved by Councilmember Francis, seconded by Councilmember Dingman, to use the zoning of Residential Estate (RE) for the Crestwood properties, Area 5A. Director Cramer noted Tract 4B will also need to be excluded from the ordinance per the previous motions. He also stated the Comprehensive Plan shows Area 5A as Medical Services so this will require a change of designation as RE does not fit within the Comprehensive Plan designation. Mayor Casper requested a roll call vote on changing Area 5A to RE. Roll call as follows: Aye – Councilmembers Smede, Dingman, Francis. Nay – Councilmembers Hally, Freeman, Radford. There being a tie vote, Mayor Casper stated she believes this part of property will quickly transition, however, she does not understand the need for RE versus City staff recommendation. She also stated she has a high regard for the P&Z as well as City staff. Mayor Casper voted nay. Motion failed. Mayor Casper stated, in reference to Tract 4B, there is 15  December 12, 2019 no authority to zone when there is no annexation. Councilmember Smede confirmed she did not intend to include Tract 4B in the motion as this area was excluded. Mayor Casper requested a roll call vote on the original motion by Councilmember Smede. Roll call as follows: Aye – Councilmembers Hally, Francis, Dingman, Smede, Freeman. Nay – Councilmember Radford. Motion carried. At the request of Mayor Casper, the City Clerk read the ordinance by title only: ORDINANCE NO. 3292 AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO; PROVIDING FOR THE INITIAL ZONING OF APPROXIMATELY 91 ACRES DESCRIBED IN EXHIBITS 1A, 2A, 3A, 4C, 5A, 6A, AND 7A OF THIS ORDINANCE AS RE, RP, R1, R2, R3A, RMH, LC AND I&M ZONES, INCLUDING AIRPORT OVERLAY ZONE DESIGNATIONS; AND PROVIDING SEVERABILITY, PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE. Assuming 4B is excluded, it was moved by Councilmember Smede, seconded by Councilmember Dingman, to approve the Reasoned Statement of Relevant Criteria and Standards for the Initial Zoning for M&B: Approximately 91 Acres Sections 1, 14-15, 24-26, 35- 36, Township 2 North, Range 37 East, and Sections 6, 8, 16, 31, 33, Township 2 North, Range 38 East, and give authorization for the Mayor to execute the necessary documents. Roll call as follows: Aye – Councilmembers Francis, Dingman, Freeman, Hally, Smede. Nay – Councilmember Radford. Motion carried. Announcements: Mayor Casper announced that City Club will be held on December 13 and the final Council Meeting of 2019 will be held on December 19. There being no further business, the meeting adjourned at 10:34 p.m. s/ Kathy Hampton s/ Rebecca L. Noah Casper CITY CLERK MAYOR 16