City Council

December 10, 2020 City Council Meeting The City Council of the City of Idaho Falls met in Regular Council Meeting, Thursday, December 10, 2020, 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 Council President Michelle Ziel-Dingman (via WebEx) Councilor John Radford (via WebEx) Councilor Thomas Hally Councilor Jim Freeman (via WebEx) Councilor Jim Francis Councilor Shelly Smede (via WebEx) Also present: All available Department Directors (in person and via WebEx) Randy Fife, City Attorney Kathy Hampton, City Clerk Pledge of Allegiance: Mayor Casper led those present in the Pledge of Allegiance. Public Comment: Public comment was temporarily suspended. Coronavirus (COVID-19) update: Mayor Casper stated the White House recently rolled out operation warp-speed, and meetings were posted regarding the clarification and rules of vaccinations. President Donald Trump’s plan will distribute 300M doses to Americans within six (6) months, and there may be a need for additional doses. Some activities may begin sooner although this is unpredictable at this time. Mayor Casper stated Governor Brad Little recently held a press conference focusing on the medical aspects of the pandemic in Idaho, including Crisis Standards of Care (CSC). This press conference included three (3) individuals who shared their personal experiences with COVID. Mayor Casper stated Eastern Idaho Public Health (EIPH) Board also met with a presentation on CSC, which refers to hospital care once a crisis point is hit. CSC identifies processes for those who get care, and skewed toward those who can recover. This can have terrible mental impacts on health care individuals. Vaccination issues were also discussed with additional information forthcoming on the Idaho plan. Mayor Casper stated cases across the country and Idaho recently broke records with 1,825 State-wide cases. She also stated there were 184 reported cases in the region, 86 cases and three (3) deaths in Bonneville County. She emphasized we must do all we can regardless of the political persuasion as a certain percentage of cases/individuals will end up in the hospital. Consent Agenda: Office of the Mayor requested reappointments to Arthur Kull, Civic Center for the Performing Arts Committee; Carrie Scheid, Civic Center for the Performing Arts Committee; Anne Staton-Vollique, Civic Center for the Performing Arts Committee; Bonnee Taggart, Civic Center for the Performing Arts Committee; Deidre Warden, Civic Center for the Performing Arts Committee; Carrie Athay, Historic Preservation Commission; Catherine Smith, Historic Preservation Commission; Rachel McMurtrey, Historic Preservation Commission; Alden Allen, Board of Adjustment; Mark Cole, Golf Advisory Board; Gerry Bates, Shade Tree Committee; Rich Potter, Shade Tree Committee; Aaron McCracken, Shade Tree Committee; Brandon Lee, Parks & Recreation Commission; and Rodd Rapp, Idaho Falls Public Library Board of Trustees. 1  December 10, 2020 City Council Meeting Idaho Falls Power (IFP) requested renewal of BPA Network Operating Agreement, No. 20TX-17016; and approval of minutes from the November 12, 2020 Idaho Falls Power Board Meeting Municipal Services requested approval of Purchase of Replacement Dump Truck with Underbody Scraper for Public Works; Amend Red, Inc. Agreement for Marketing Services for Idaho Falls Power; minutes from the November 23, 2020 City Council Work Session and Executive Session, and November 24, 2020 Special City Council Meeting; and license applications, all carrying the required approvals It was moved by Councilor Smede, seconded by Council President Dingman, to approve, accept, or receive all items on the Consent Agenda according to the recommendations presented. Roll call as follows: Aye – Councilors Hally, Francis, Radford, Dingman, Smede, Freeman. Nay – none. Motion carried. Regular Agenda: Fire Department Subject: Sole Source Purchase of LIFEPAK 15 V4 Monitor/Defibrillators Emergency Medical and Advanced Life Support servicers rely on sufficient, adequate and dependable equipment. Cardiac monitor/defibrillators are necessary equipment that allow for immediate assessment of life-threatening cardiac rhythms; immediate intervention with CPR is scientifically proven to increase positive outcomes of cardiac arrest. The purchase of these replacement monitors/defibrillators ensures we remain within industry best practice. Councilor Hally stated the current equipment’s life cycle is approximately four (4) years. He noted Bonneville County and the Emergency Medical Services (EMS) District will contribute to the costs. The remaining contingency funds of $100,000 will be funded through the Wildland Fund. It was moved by Councilor Hally, seconded by Councilor Smede, that Council declares that “this sole source purchase is based on the compatibility of equipment, components, accessories, computer software, replacement parts, and service with the Fire Department’s existing emergency medical services system hardware and software” and approve the authorization of contingency funds for the sole source purchase of nine LIFEPAK 15 V4 Monitor/Defibrillators, authorize advertisement of the City’s intent to make a sole source procurement following a 14-day period per Idaho Code §67-2808, and authorize the City to then issue a purchase order to STRYKER for a total of $216,835.52. Roll call as follows: Aye – Councilors Freeman, Radford, Smede, Francis, Dingman, Hally. Nay – none. Motion carried. Police Department Subject: Sole Source Purchase for MOTOROLA Solutions portable radios and vehicle mount mobile repeater During the Pandemic the Police Department has determined that effective, reliable communications continue to be a significant department need. Purchase of these radios will ensure that our Police Department can directly communicate with our Fire and EMS responders within our city and response areas and allow our agencies to align with secure P25 compatibility for the first time. This purchase will also help us ensure industry best practices for safety, hygiene, and health because it allows our agency to provide each police officer with an individual radio to prevent cross contamination during use. This will reduce the risk of COVID-19 spreading from one police shift to another without reducing their information exchanges and productivity. Councilor Francis stated this is funded under COVID money. He briefly reviewed benefits of the radios. It was moved by Councilor Francis, seconded by Councilor Freeman, that Council declares that “there is only one source of Radios reasonably available because the paramount consideration for this purchase is the compatibility of 2  December 10, 2020 City Council Meeting equipment, components, accessories, computer software, replacement parts, or service” and authorizes advertisement of the City’s intent to make a sole source procurement following a 14-day period, per Idaho Code §67-2808, and authorizes the City to then issue a purchase order to MOTOROLA Solutions for a total of $619,250.50. Roll call as follows: Aye – Councilors Hally, Radford, Francis, Dingman, Smede Freeman. Nay – none. Motion carried. Municipal Services Subject: Resolution to Approve a Direct Loan to Idaho Falls Regional Airport Resolution 2020-27 approved the Inter-Departmental Direct Loan Policy. Upon request from Idaho Falls Regional Airport Director Cloutier, the Loan committee reviewed the request for a direct loan for $8M to fund land acquisition for the Idaho Falls Regional Airport. Funds will be reimbursed by Federal Aviation Administration (FAA) within the federal fiscal year 2021/22. As part of the FAA grant policies, interest and fees are eligible for reimbursement. Councilor Smede stated the repayment period is two (2) years with a 2% fixed interest rate. She believes this is a wise method to spend and raise money. Per Councilor Radford, Municipal Services Director Pamela Alexander stated the money will be borrowed from IFP. She also stated the repayment was discussed at length. Councilor Francis noted the lending fund will receive the interest rate. IFP Director Bear Prairie stated IFP wants to ensure there are adequate funds to build out the fiber network. He noted IFP is able to invest these funds back into the City which allows for a better rate of return. He believes this is a win for all involved departments. It was moved by Councilor Smede, seconded by Council President Dingman, to approve the resolution to provide a direct loan to the Idaho Falls Regional Airport for a total of $8M for the purpose of land acquisition, and give authorization for the Mayor and City Clerk to execute the necessary documents. Roll call as follows: Aye – Councilors Francis, Dingman, Freeman, Hally, Radford, Smede. Nay – none. Motion carried. RESOLUTION NO. 2020-31 A RESOLUTION OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, APPROVING AND MEMORIALIZING A LOAN BETWEEN INTERNAL CITY FUNDS TO FINANCE ACQUISITION OF REAL PROPERTY IN ORDER TO MEET COMPLIANCE AND GRANT ASSURANCE REQUIREMENTS WITH THE FEDERAL AVIATION ADMINISTRATION TO SUPPORT THE IDAHO FALLS REGIONAL AIRPORT; AND PROVIDING THAT THIS RESOLUTION BE EFFECTIVE UPON ITS PASSAGE, APPROVAL, AND PUBLICATION ACCORDING TO LAW. Subject: Resolution to Approve a Direct Loan to Pinecrest Golf Course Resolution 2020-27 approved the Inter-Departmental Direct Loan Policy. Upon request from Parks and Recreation Director Holm, the Loan committee reviewed the request for a direct loan request for $3M to fund the Pinecrest Golf Course Irrigation Water Conservation project. This project will provide conversion of surface irrigation water from the Idaho Canal to irrigate the golf course and replace the aging irrigation system. Upon completion, this project will restore the potable water supply capacity to our City system during peak usage of approximately 1,500 gallons per minute, providing a lasting benefit to the City. Councilor Smede believes this is an incredible opportunity and has been needed for some time. She stated the repayment period is ten (10) years with a 2% fixed interest rate. Councilor Hally noted the golf fees are paying extra money for this project which has accumulated a significant amount of money. Councilor Freeman indicated this topic was discussed 6-7 years ago, he is pleased to see it moving forward. He noted the Parks and Recreation (P&R) Department plans to break ground in spring. Councilor Radford is also very pleased as there has been a lot of effort for several years. He expressed his congratulations to staff as he believes this is very monumental. Council President Dingman indicated she spoke to the P&R Commission two (2) years ago and noted this was a top priority 3  December 10, 2020 City Council Meeting as well with staff. She believes it is worth investing in and she is pleased to see the Council approve the policy. Mayor Casper stated a proper irrigation system is important for watering. Councilor Francis stated this is a benefit to the golf course and the community and will improve the water efficiency. It was moved by Councilor Smede, seconded by Council President Dingman, to approve the resolution to provide a direct loan to the Parks and Recreation, Golf Division for a total of $3M for the purpose of funding the Pinecrest Golf Course Irrigation Water Conservation project, and give authorization for the Mayor and City Clerk to execute the necessary documents. Roll call as follows: Aye – Councilors Freeman, Francis, Hally, Radford, Smede, Dingman. Nay – none. Motion carried. RESOLUTION NO. 2020-32 A RESOLUTION OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, APPROVING AND MEMORIALIZING A LOAN BETWEEN INTERNAL CITY FUNDS TO FINANCE A POTABLE-TO-IRRIGATION WATER CONVERSION PROJECT AT PINECREST GOLF COURSE; AND PROVIDING THAT THIS RESOLUTION BE EFFECTIVE UPON ITS PASSAGE, APPROVAL, AND PUBLICATION ACCORDING TO LAW. Public Works Subject: Partial Easement Vacations – First Amended Westridge Commercial Plaza, Division 1 For consideration is an ordinance for partial easement vacations, Instruments 1535420 & 1535421, located within the First Amended Plat of Westridge Commercial Plaza, Division 1. These vacations have been requested by the owner, DLR Investments, LLC, for the purpose of better facilitating development of their property. Councilor Freeman stated these easements are no longer needed. He noted new easements will be part of the building permits moving forward. It was moved by Councilor Freeman, seconded by Councilor Radford, to approve the Easement Vacation Ordinance 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 – Councilors 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. 3356 AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, PROVIDING FOR THE VACATION OF AN EASEMENT LOCATED WITHIN THE CITY OF IDAHO FALLS AND LEGALLY DESCRIBED IN SECTION 1 OF THIS ORDINANCE; PROVIDING THAT TITLE TO SAID VACATED EASEMENT SHALL VEST AS SPECIFIED IN SECTION 3 OF THIS ORDINANCE; PROVIDING THAT THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT FROM AND AFTER PASSAGE, APPROVAL AND PUBLICATION ACCORDING TO LAW. Subject: Agreement for Professional Services for the Design and Construction of the Police Complex Project The purpose of this agreement is to establish a contract with Architectural Design Group (ADG) to provide architectural design and construction services for the Police Complex Project. The proposed contract amount for services to be provided is $2,405,769.00 with possible additional services in the amount of $117,663.00, for a total potential contract value of $2,523,432.00. 4  December 10, 2020 City Council Meeting Councilor Freeman believes the expertise of Public Works in bidding allows this item to move forward. He noted this was discussed at length at the December 7 Council Work Session. It was moved by Councilor Freeman, seconded by Councilor Hally, to approve the agreement with Architectural Design Group (ADG) and give authorization for the Mayor and City Clerk to execute the necessary documents. Roll call as follows: Aye – Councilors Radford, Freeman, Smede, Francis, Dingman, Hally. Nay – none. Motion carried. Community Development Services Subject: Public Hearing for Consideration of Requested CV1 Community Development Block Grant (CDBG) Activities CV1-CDBG CARES Act funds were allocated to entitlement cities in August of 2020 for the purpose of preventing, addressing, and assisting with COVID 19/Infectious Disease. The City of Idaho Falls received $250,072 in the first round of Coronavirus Aid, Relief, and Economic Security (CARES) Act funding for FY2020 referred to as CV1-CDBG, a Program made available through Housing and Urban Development (HUD). To date, the City has allocated $155,303.20 of CV1-CDBG funds toward projects and activities that prevent, address, and assist with COVID 19/Infectious Disease. With the balance of CV1- CDBG funds ($94,768.80) the City of Idaho Falls issued a Notice to Apply through Nov 22-30, 2020. Following a public hearing to present applications for Council consideration, a 5-day public comment period will run through December 15, 2020, followed by consideration of a Council Resolution on December 17, 2020. Mayor Casper opened the public hearing and ordered all items presented be included in the record. She requested staff presentation. Grants Administrator Lisa Farris, appeared. Ms. Farris stated the public hearing is for the 2020 amendments as well as allocation of funds from a leftover balance from the original CV1 allocations. She then presented the following: Slide 1 – Timeline and status of CARES Act, CV1, CV3 CDBG Ms. Farris stated funds were received in August 2020 when the Annual Action Plan (AAP) was amended, and in September 2020, HUD announced additional funds to be allocated to entitlement cities in the amount of $257,585. A substantial amendment for the 2020 plan must occur in order to receive these funds. The balance of CV1 is $94,768.80, and new allocation is $257,585.00. Ms. Farris also stated notices were advertised, applications were reviewed, and a five-day public comment will be allowed to consider comments. Slide 2 – Overview of CARES Act applicable to CDBG Programs Ms. Farris stated CDBG received $5B. She reviewed the provisions related to the $5B CDBG allocation. Slide 3 – Distribution of Funds Ms. Farris stated $2B was distributed to entitlement cities, $1B for the State, and an additional $2B to entitlement cities. Slide 4 – CARES Act applicable to additional CDBG/HUD funded programs Ms. Farris stated several applicants rely on these funding sources. Slide 5 – PY2020 CDBG/CV1/CV3 allocations received from HUD Ms. Farris stated the AAP received $425,099, CV1 first round was $250,072, and $257,585 will be received for CV3. Total from 2004-2009 = $6,670,335; 2020 CV1/CV3 = $507,657; Total = $7,177,992. Slide 6 – CDBG Program/CARES Act Criteria Ms. Farris stated all projects/activities must be one (1) of three (3) national objectives; must be a HUD eligible activity and prevents, assists, and addresses COVID-19 and infectious disease; and additional criteria cannot create a duplication of benefits with final approval of HUD. Slide 7 – Map of three (3) Low to Moderate Income (LMI) neighborhood census tracts where funds are allocated and spent Slide 8 – Applications/description/amount requested from $94,768.80 balance 5  December 10, 2020 City Council Meeting Ms. Farris briefly reviewed Idaho Legal Aid, Behavioral Health Crisis Center of Eastern Idaho, Idaho Falls Symphony (this was submitted incorrectly as Idaho Falls Arts Council), Administration of CDBG program, and Homeownership Lending Idaho Housing and Finance (IHFA) (this application was recently received). Slide 9 – Applications/description/amount requested for CV3 applications Ms. Farris briefly reviewed Habitat 4 Humanity Idaho Falls, Idaho Falls Senior Citizens Community Center, Idaho Falls Community Food Basket, Trinity United Methodist Church, Idaho Falls Arts Council, Behavioral Health Crisis Center of Eastern Idaho (new application), Municipal Services and Community Development Services, Plays it Forward (this application was withdrawn), and Administration of CDBG program. Slide 10 – Schedule before/after public hearing Slide 11 – PY2020 CV1/CV3-CDBG schedule after funds approved by HUD, Dec/Jan, 2020/21 Ms. Farris stated funding will be committed to approved applicants/projects once the City completes the environmental review and signed agreement (with Scope of Work and regulatory requirements) between the City and the responsible entity. Per Ms. Farris, Mayor Casper clarified the information presented includes items E.1. and E.2., therefore, the public hearings were combined. Per Councilor Francis, Ms. Farris noted the requested items exceeded the amount, this will require discussion/adjustment following the 5-day public comment period. Mayor Casper stated the Resolutions will be approved at the December 17 Council Meeting. Councilor Francis expressed his appreciation to Ms. Farris regarding the grant writing. Seeing no public comments, Mayor Casper closed the public hearing. No action required. Subject: Public Hearing for Consideration of Requested CV3 CDBG Activities CV3-CDBG CARES Act funds were allocated to entitlement cities in September of 2020 for the purpose of preventing, addressing, and assisting with COVID 19/Infectious Disease. In order to receive CV3-CDBG allocations, the City will submit a Substantial Amendment to their FY2020 Community Development Block Grant (CDBG) Annual Action Plan. The City of Idaho Falls is expecting to receive $257,585 in a third round of CARES Act funding for FY2020 referred to as CV3-CDBG, a Program made available through Housing and Urban Development (HUD). The City of Idaho Falls issued a Notice to Apply on Nov 22-30, 2020. Following a public hearing to present applications for Council consideration, a 5-day public comment period will run through December 15, 2020, followed by consideration of a Council Resolution on December 17, 2020. No action required. Subject: Public Hearing – 2018 I-Codes Adoption Adoption of the 2018 I-Codes is required in accordance with the Idaho State Building Board, as published in Idaho Statute, Title 39, Chapter 41 of the Idaho Building Code Act, Idaho Code 39-4109 for local government adoption and enforcement of building codes and in IDAPA 24.39.30, “Rules of Building Safety,” and Division of Building Safety. Mayor Casper opened the public hearing and ordered all items presented be included in the record. She requested staff presentation from Community Development Services Director Brad Cramer. Director Cramer turned the presentation to Building Official Reggie Fuller. Mr. Fuller stated this item was discussed at the December 7 Council Work Session. He also stated adoption will include the 2018 International Building Code, 2018 International Residential Code, 2018 International Energy Conservation Code, 2018 International Property Maintenance Code, 2018 Mechanical Code, 2018 Fuel and Gas Code, and 2017 Idaho Plumbing Code. 6  December 10, 2020 City Council Meeting Mayor Casper requested public comment, no one appeared. Mayor Casper closed the public hearing. It was moved by Councilor Francis, seconded by Councilor Radford, to approve the Ordinance adopting the 2018-I Codes with State and City of Idaho Falls amendments, under the 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 – Councilors Dingman, Smede, Francis, Freeman, Hally, Radford. Nay – none. Motion carried. At the request of Mayor Casper, the City Clerk read the ordinance by title only: ORDINANCE NO. 3357 AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, AMENDING TITLE 7 TO ADOPT AND AMEND THE 2018 EDITIONS OF THE INTERNATIONAL BUILDING CODE, INTERNATIONAL PROPERTY MAINTENANCE CODE, INTERNATIONAL FUEL GAS CODE, INTERNATIONAL RESIDENTIAL CODE, INTERNATIONAL MECHANICAL CODE, INTERNATIONAL ENERGY CONSERVATION CODE; AND TO ADOPT AND AMEND THE 2015 EDITION OF THE INTERNATIONAL EXISTING BUILDING CODE; PROVIDING SEVERABILITY, CODIFICATION, PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE. Mayor Casper questioned the 2017 Idaho Plumbing Code missing from the title. She also questioned the 2015 Edition of the International Existing Building Code. Mr. Fife stated the corrections/inclusions could be noted in the minutes. Subject: Public Hearing – Amendments to Zoning Ordinance regarding multi-unit attached dwellings For consideration is an ordinance amending Chapters 2 and 7 of the Zoning Ordinance, which adds and defines Multi-Unit Attached Dwellings as an allowed land use. This is a portion of the changes recommended by the Planning and Zoning (P&Z) Commission on July 21, 2020, by unanimous vote. A full explanation of why only a portion of the recommended changes are being brought forward at this time is contained in the revised staff report. Mayor Casper opened the public hearing and ordered all items presented be included in the record. She requested staff presentation. Director Cramer stated this item was discussed at the December 7 Council Work Session. He also stated this is a portion of the code change proposed in August 2020 although it was recessed per the Council as it was discovered that the modified zoning code change put a limit of two (2) dwellings for a single-unit attached which caused problems with existing threeplex or fourplex townhomes on separate lots. Director Cramer stated HUD considers anything from one (1) to four (4) units as single-family housing. He believes these are important housing options in the community. He noted this does not address the R1 or RP zones, this is only for R2 in terms of residential. Director Cramer stated a definition of multi-unit attached is being added and the land use tables are being amended to show that multi-unit attached dwellings are allowed in the R2, TN, R3, R3A, LC, CC, and PT zones. This is typically where these units are being proposed to be built. It also adds the words of multi-unit attached to the existing standards for single-unit attached homes as they have the same standards per structure and regulations. Per Councilor Francis, Director Cramer clarified there could not be a main dwelling on the main floor and a separate dwelling on an upper floor. These would be considered multi-unit housing, not multi-unit attached housing. Mayor Casper requested public comment. No one appeared. Mayor Casper closed the public hearing. Councilor Freeman noted the zoning ordinance is a living document. He believes staff has been diligent with the improved amendments. Councilor Francis noted this will be reviewed in the future per the Missing Middle Housing consultant/report. 7  December 10, 2020 City Council Meeting It was moved by Councilor Francis, seconded by Councilor Radford, to approve the Ordinance amending City Code Title 11, Chapter 7, to allow for Multi-Unit Attached Dwellings, 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 – Councilors 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. 3358 AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, AMENDING DWELLING UNIT DEFINITIONS IN TITLE 11, CHAPTERS 2 AND 7 FOR CLARITY AND CONSISTENCY; PROVIDING SEVERABILITY, CODIFICATION, PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE. Subject: Public Hearing – Annexation and Initial Zoning of RP & R1, Annexation and Zoning Ordinances, and Reasoned Statements of Relevant Criteria and Standards, 13.479 Acres, Southpoint Division 10 For consideration is the application for Annexation and Initial Zoning of RP and R1, Annexation and Zoning Ordinances, and Reasoned Statement of Relevant Criteria and Standards, 13.479 Acres, Southpoint Division 10. The Planning and Zoning Commission considered this item at its April 21, 2020 meeting and recommended approval by a unanimous vote. Staff concurs with this recommendation. Mayor Casper opened the public hearing and ordered all items presented be included in the record. She requested staff presentation. Director Cramer noted he did not see the applicant on the WebEx platform. He stated the requested zoning is a combination of R1 and RP due to the minimum and maximum lot sizes for the zones. The R1 is smaller and the RP is larger. Slide 1 – Property under consideration in current zoning Slide 2 – Aerial photo of property under consideration Director Cramer stated the area is currently vacant although the surrounding area is developing very rapidly. Slide 3 – Additional aerial photo of property under consideration Director Cramer stated this is a Category A annexation, requested by the property owner. Slide 4 – Comprehensive Plan Future Land Use Map Slide 5 – Property split into the two (2) lots, R1 and RP Slide 6 – Additional zone split Slide 7 – Photos of street view from corner of Palisade Drive and Calistoga Drive and street view from Calistoga Drive Mayor Casper requested public testimony. No one appeared. Mayor Casper closed the public hearing. It was moved by Councilor Francis, seconded by Councilor Radford, to approve the Ordinance annexing 13.479 acres, Southpoint Division 10 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 – Councilors Smede, Hally, Dingman, Radford, Freeman, Francis. Nay – none. Motion carried. At the request of Mayor Casper, the City Clerk read the ordinance by title only: ORDINANCE NO. 3359 AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO; PROVIDING FOR THE ANNEXATION OF APPROXIMATELY 13.479 ACRES DESCRIBED IN EXHIBIT A OF THIS ORDINANCE, AMENDING THE LEGAL DESCRIPTION OF THE 8  December 10, 2020 City Council Meeting CITY WITH THE APPROPRIATE COUNTY AND STATE AUTHORITIES; AND PROVIDING SEVERABILITY, PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE. It was moved by Councilor Francis, seconded by Councilor Radford, to approve the Reasoned Statement of Relevant Criteria and Standards for the annexation of 13.479 acres, Southpoint Division 10 and give authorization for the Mayor to execute the necessary documents. Councilor Francis noted the actual Reasoned Statement of Relevant Criteria and Standards needs to be adjusted to reflect the accurate acreage. Roll call as follows: Aye – Councilors Hally, Francis, Radford, Dingman, Smede, Freeman. Nay – none. Motion carried. It was moved by Councilor Francis, seconded by Councilor Radford, to assign a Comprehensive Plan Designation of “Low Density Residential” and approve the Ordinance establishing the initial zoning for RP & R1 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 – Councilors 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. 3360 AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO; PROVIDING FOR THE INITIAL ZONING OF APPROXIMATELY 13.479 ACRES DESCRIBED IN EXHIBIT A OF THIS ORDINANCE AS RP AND R1 ZONE; AND PROVIDING SEVERABILITY, PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE. It was moved by Councilor Francis, seconded by Councilor Radford, to approve the Reasoned Statement of Relevant Criteria and Standards for the Initial Zoning of RP and R1 and give authorization for the Mayor to execute the necessary documents. Roll call as follows: Aye – Councilors Hally, Radford, Francis, Dingman, Smede, Freeman. Nay – none. Motion carried. Subject: Final Plat and Reasoned Statement of Relevant Criteria and Standards, Southpoint Division 10 For consideration is the application for the Final Plat and Reasoned Statement of Relevant Criteria and Standards for Southpoint Division 10. The Planning and Zoning Commission considered this item at its April 21, 2020 meeting and recommended approval by a unanimous vote. Staff concurs with this recommendation. Councilor Francis stated this property was previously annexed in the prior motion. Per Councilor Francis, Director Cramer confirmed all prior issues with the right-of-way were resolved. It was moved by Councilor Francis, seconded by Councilor Radford, to approve the Development Agreement for Southpoint Division 10 Subdivision, and give authorization for the Mayor and City Clerk to execute the necessary documents. Roll call as follows: Aye – Councilors Francis, Dingman, Freeman, Hally, Radford, Smede. Nay – none. Motion carried. It was moved by Councilor Francis, seconded by Councilor Radford, to accept the Final Plat for Southpoint Division 10 Subdivision, and give authorization for the Mayor, City Engineer, and City Clerk to sign said Final Plat. Roll call as follows: Aye – Councilors Freeman, Francis, Hally, Radford, Smede, Dingman. Nay – none. Motion carried. It was moved by Councilor Francis, seconded by Councilor Radford, to approve the Reasoned Statement of Relevant Criteria and Standards for the Final Plat for Southpoint Division 10 Subdivision, and give authorization 9  December 10, 2020 City Council Meeting for the Mayor to execute the necessary documents. Roll call as follows: Aye – Councilors Dingman, Radford, Francis, Smede, Hally, Freeman. Nay – none. Motion carried. Subject: Public Hearing – Annexation and Initial Zoning of RP & R1, Annexation and Zoning Ordinances, and Reasoned Statements of Relevant Criteria and Standards, M&B: Approximately 33 Acres, NW1/4, Section 4, Township 1 North, Range 38 East For consideration is the application for annexation and initial zoning and accompanying ordinances for approximately 33 acres, NW1/4, Section 4, Township 1 North, Range 38E. This is a Category A Annexation. It was advertised for a public hearing for December 10 but as the City’s Surveyor reviewed the legal description, errors were found that were not able to be resolved before the meeting. Staff is therefore requesting that rather than pulling the item from the agenda and re-advertising for a new hearing, which would put the application to the end of January, the Council instead conduct the public hearing and pass the ordinances on the first reading only. The second or final reading is currently scheduled for the December 17, 2020, meeting. The Reasoned Statements of Relevant Criteria and Standards will also be considered and voted upon at that time. The Planning and Zoning Commission considered this application at its July 21, 2020, meeting and recommended approval by unanimous vote. Staff concurs with this recommendation. Mayor Casper opened the public hearing and ordered all items presented be included in the record. She requested applicant presentation. Blake Jolley, Connect Engineering, appeared via WebEx on behalf of the applicant’s representative. Mr. Jolley stated this is a Category A annexation. He also stated two (2) zones, R1 and RP, were requested. He noted this property is adjacent to two (2) current subdivisions. He believes this annexation would provide a benefit/asset to the City and would provide additional housing. Mayor Casper requested staff presentation. Director Cramer presented the following: Slide 1 – Property under consideration in current zoning Slide 2 – Comprehensive Plan Future Land Use Slide 3 – Aerial photo of property under consideration Slide 4 – Additional aerial photo of property under consideration Director Cramer stated this area is also developing very rapidly. Slide 5 – Photos of the property Director Cramer stated the legal description of this property needed modification due to a gap that was found on the southern end, therefore, the recommended motion is to approve the annexation and initial zoning on the first reading only. This item will be re-presented at the December 17 Special Council Meeting for approval. Mayor Casper requested public testimony. No one appeared. Councilor Francis questioned a letter received by P&Z regarding adjacent wetland. Director Cramer stated the wetland was investigated and it appears the wetlands are manmade. He also stated mitigation can be done at the time of the development. Director Cramer also stated, per discussion with Legal staff, the motion to assign a Comprehensive Plan designation is not needed at this time. Mayor Casper closed the public hearing. It was moved by Councilor Francis, seconded by Councilor Radford, to approve the Ordinance annexing approximately 33 acres, on the first reading and request that it be read by title. Roll call as follows: Aye – Councilors 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: 10  December 10, 2020 City Council Meeting AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO; PROVIDING FOR THE ANNEXATION OF APPROXIMATELY 32.587 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. Subject: Public Hearing – Rezone from LC to HC, Zoning Ordinance, and Reasoned Statement of Relevant Criteria and Standards, Approximately 5 acres, Part of the SW1/4 Section 24, Township 2 North, Range 37 East For consideration is the application for Rezoning from LC to HC, Zoning Ordinance, and Reasoned Statement of Relevant Criteria and Standards, approximately 5 acres, part of the SW1/4, Section 24, Township 2 North, Range 37 East. The Planning and Zoning Commission considered this item at its November 10, 2020, meeting and recommended approval by a 5-1 vote. Staff concurs with this recommendation. Mayor Casper opened the public hearing and ordered all items presented be included in the record. She requested applicant presentation. Doug Clegg, appeared via WebEx. Mr. Clegg stated he has owned the property for six (6) years and he is also the developing landlords for Camping World and the adjacent storage facility. He noted approximately three (3) years ago, he worked with the City development team to vacate a prior-approved plat called Commercial Subdivision that had been there for at least 12 years. He indicated in this vacation process the plat was amended, public right-of- ways and easements were vacated, and lot lines were brought into two (2) lots. However, the zoning was not amended. Mr. Clegg stated the original zoning on the original plat was tied directly to the specific lots, therefore the two (2) lots were left with multiple zones. The goal is to get the entire piece as the same zone. Mayor Casper requested staff presentation. Director Cramer presented the following: Slide 1 – Property under consideration in current zoning Director Cramer stated the requested zone matches everything to the south and the east. Slide 2 – Comprehensive Plan Future Land Use Slide 3 – Aerial photo of property under consideration Director Cramer stated the property is currently undeveloped although some commercial development is occurring adjacent to the area. Slide 4 – Additional aerial photo of property under consideration Slide 5 – Photo looking east down Pancheri Slide 6 – Photo looking west down Pancheri Mayor Casper requested public testimony. No one appeared. Councilor Francis questioned the location of HC in regard to the exit of the highway. Director Cramer does not believe this is unusual/uncommon. Mayor Casper closed the public hearing. Councilor Francis noted Pancheri is considered an excess capacity and can handle the potential increased traffic. It was moved by Councilor Francis, seconded by Councilor Radford, to approve the Ordinance rezoning approximately 5 acres, part of the SW1/4, Section 24, Township 2 North, Range 37 East from LC to HC 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 – Councilors 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: 11  December 10, 2020 City Council Meeting ORDINANCE NO. 3361 AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO; PROVIDING FOR THE REZONING OF APPROXIMATELY 5.595 ACRES AS DESCRIBED IN SECTION 1 OF THIS ORDINANCE FROM LC ZONE TO HC ZONE; AND PROVIDING SEVERABILITY, PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE. It was moved by Councilor Francis, seconded by Councilor Radford, to approve the Reasoned Statement of Relevant Criteria and Standards for the Rezone from LC to HC of approximately 5 acres, part of the SW1/4, Section 24, Township 2 North, Range 37 East and give authorization for the Mayor to execute the necessary documents. Roll call as follows: Aye – Councilors Dingman, Smede, Francis, Freeman, Hally, Radford. Nay – none. Motion carried. Parks and Recreation Subject: Council discussion of City Sports and use of City Recreation facilities under the guidelines set forth in the Idaho Rebounds Stage 2 Stay Healthy Order and consideration of possible Council action. Mayor Casper stated several conversations have occurred with P&R Director PJ Holm since the original discussion at the December 7 Council Work Session. Director Holm reiterated conversations have also occurred with P&R staff and community members following the December 7 discussion to determine the best options moving forward. P&R Superintendent Chris Horsley expressed his appreciation to the Council for their support. He believes P&R has received direction needed to move forward. He stated P&R supports Resolution 2020-29 (approved by Council on November 14, 2020); P&R will continue Recreation (Rec) Division operations within the parameters of EIPH Regional Response Plan and Governor Little’s Stage 2 Order; and P&R will continue to monitor all health mandates and modify operations as required as the priority is to keep the community and P&R staff safe. Mr. Horsley stated the Rec Division will continue to allow tournaments as long as they can be safely offered. He indicated a metric is being developed to monitor and screen teams that are traveling into the community for tournaments, teams that fall outside the parameters will not be allowed to participate in tournaments. The metrics will be adapted per current conditions. Mr. Horsley stated P&R is confident they can continue tournaments and activities while keeping the community safe. Councilor Francis believes this will set a direction. Per Mayor Casper, Director Holm reviewed the metrics that are being considered. Councilor Freeman stated that any measures the City takes to limit or suspend a recreation program is taken very seriously and any measures taken are only temporary in nature. He believes what citizens and the City have been doing is obviously not enough – more must be done until a vaccine is widely available. Councilor Freeman stated he fully supports the P&R recommendations. He believes, due to a lack of compliance by a number of recreation users and a disregard for rules put in place per the Governor’s Stage 2 Orders, the recreation programs are dangerously close to being suspended completely. He requested full cooperation from the recreation program participants so the City can continue to offer programming, even on a limited scale, as these rules benefit families as well as the entire community. Mayor Casper expressed her appreciation to all involved. Announcements: Councilor Francis recognized the downtown and Friendship Garden decorations by the P&R Department. Mayor Casper announced the Geminid meteor shower on December 13 and 14, and Saturn and Jupiter will be aligned on December 21 (this is known as the Christmas star). Adjournment: There being no further business, the meeting adjourned at 9:25 p.m. s/ Kathy Hampton s/ Rebecca L. Noah Casper Kathy Hampton, City Clerk Rebecca L. Noah Casper, Mayor 12