City Council

680 Park Avenue City Council Meeting Idaho Falls, ID 83402 Minutes - Final Tuesday, November 23, 2021 7:30 PM City Council Chambers 1. Call to Order. Present: Mayor Rebecca L Noah Casper, Council President Michelle Ziel-Dingman, Councilor John Radford, Councilor Thomas Hally, Councilor Jim Freeman, Councilor Jim Francis, and Councilor Lisa Burtenshaw 2. Pledge of Allegiance. Mayor Casper requested Councilor Burtenshaw to lead those present in the Pledge of Allegiance. 3. 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. 4. Consent Agenda. A. Municipal Services 1) Canvass of the Vote from the November 2, 2021 City Election The Canvass of the Vote is required per Idaho Statute - Section 34-1217. 2) Minutes from Council Meetings November 8, 2021 City Council Work Session and Executive Session, and November 10, 2021 City Council Meeting. 3) License Applications, all carrying the required approvals Recommended Action: It was moved by Councilor Burtenshaw, seconded by Council President Ziel-Dingman, to accept all items on the Consent Agenda. The motion carried by the following vote: Aye - Councilors Dingman, Radford, Francis, Burtenshaw, Hally, Freeman. Nay - none. 5. Regular Agenda. A. Municipal Services 1) Bid IF-22-02, Tennis Court Remodel at Skyline High School This project will provide materials and labor to rehabilitate and remodel the over 30-year-old tennis court at Skyline High School within current standards pursuant to a mutual agreement between the City of Idaho Falls and Idaho Falls School District 91. Idaho Falls School District 91 has agreed to reimburse Page 1 of 14 City Council Meeting Minutes - Final November 23, 2021 the City for 50% of the project costs upon completion. Municipal Services Director Pamela Alexander appeared. She stated basic maintenance on these courts has occurred over time. She indicated there is $300,000 available in the Parks and Recreation Capital Improvement Project budget. Councilor Burtenshaw noted the project has been a long time coming. She also noted not all entities could get together at the same time. She stated the hope is for the project to be finished by mid-summer. Councilor Hally stated several individuals have approached the city for some time in regard to the tennis courts. It was moved by Councilor Burtenshaw, seconded by Council President Ziel-Dingman, to approve the bid received from the lowest responsive and responsible bidder, Renner Sports Surfaces of Salt Lake City, Utah for a total cost of $287,443.00. The motion carried by the following vote: Aye - Councilors Radford, Freeman, Burtenshaw, Francis, Dingman, Hally. Nay - none. B. Idaho Falls Power 1) Resolution establishing Idaho Falls Auditorium District’s Event Center as a commercial energy rate customer of Idaho Falls Power The Event Center is projected to have a positive economic impact for the next thirty years while promoting social and cultural development and improving opportunities for education and training of the local labor force. They are projected to consume over one megawatt of power on average per hour, which requires a negotiated power service agreement with Idaho Falls Power. Idaho Falls Power Director Bear Prairie appeared. He stated more than 1 MG of usage requires a negotiator in conversation with the utility council to ensure it fits within the electric system and to avoid negative effects to the rest of the customer base. He recommended both new customers (agenda items 1) and 2)) be offered the same rate as existing commercial rate customers. Councilor Radford expressed his appreciation to make these buildings efficient toward zero emission goal. He noted this also allows load availability. Councilor Freeman concurred, he believes it's a positive economic impact to Idaho Falls. It was moved by Councilor Radford, seconded by Councilor Freeman, to approve the Resolution establishing Idaho Falls Auditorium District’s Event Center as a commercial energy rate customer of Idaho Falls Power and give authorization for the Mayor and City Clerk to execute the necessary documents. The motion carried by the following vote: Aye - Councilors Hally, Burtenshaw, Dingman, Freeman, Francis, Radford. Nay - none. RESOLUTION NO. 2021-34 A RESOLUTION OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, ESTABLISHING IDAHO FALLS AUDITORIUM DISTRICT'S EVENTS CENTER AS A COMMERCIAL ENERGY RATE CUSTOMER OF IDAHO FALLS POWER. 2) Resolution establishing Intermountain Packing as a commercial energy rate customer of Idaho Falls Power. Intermountain Packing has invested in the most modern and energy efficient technology including Page 2 of 14 City Council Meeting Minutes - Final November 23, 2021 energy efficient motors, lighting and cooling in order to consume energy responsibly while creating critical food supplies and local employment, which benefits and improves the City. They have invested over $3,200,000 in city infrastructure improvements and over $20,000,000 in building construction. They are projected to create over 200 jobs with an average wage of $18 dollars per hour. They are projected to consume over three megawatts of power on average per hour, which requires a negotiated power service agreement with Idaho Falls Power. It was moved by Councilor Radford, seconded by Councilor Freeman, to approve the Resolution establishing Intermountain Packing as a commercial energy rate customer of Idaho Falls Power and give authorization for the Mayor and City Clerk to execute the necessary documents. The motion carried by the following vote: Aye - Councilors Burtenshaw, Hally, Radford, Dingman, Freeman, Francis. Nay - none. RESOLUTION NO. 2021-35 A RESOLUTION OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, ESTABLISHING INTERMOUNTAIN PACKING AS A COMMERCIAL ENERGY RATE CUSTOMER OF IDAHO FALLS POWER. 3) Property Purchase Sale Agreement with LLKM Properties LLC This 131-acre land parcel as described in Exhibit A has been identified as an ideal location for Idaho Falls Power’s electric generation peaking plant. The industrial zoned property already has IFP’s 161kv transmission line on the property and is contiguous to an existing 5 acre parcel already owned by the utility. The appraised value is $6,427,134.00 which is above the negotiated purchase price. Director Prairie stated the intent of this property is to site a peaking energy plant to do clean energy research. He also stated IFP is looking to integrate intermittent renewables and retire other traditional resources. He noted IFP has been collaborating with the Idaho National Laboratory (INL). He indicated this plant would be used as a backup with natural gas while working on alternative fuel sources, and would allow the city to continue to have reliable and affordable electricity. Mayor Casper stated the Council has thoroughly discussed this item at previous IFP Board Meetings. Councilor Radford stated the INL gave assurances to use nearby facilities to assist in research. He noted a tour of the INL recently occurred. He also stated the INL also assured the city their technology can help capture carbon from this plant. He believes the energy markets in the western United States are risky, this is being proactive to ensure the city can be a utility to keep the lights on. Councilor Hally explained the peaking process. Councilor Francis stated this opens the potential for a partnership. It was moved by Councilor Radford, seconded by Councilor Freeman, to approve the Property Purchase Sale Agreement with LLKM Properties LLC of Ammon, Idaho for $6,033,636.00, and give authorization to the Mayor and City Clerk to execute the necessary documents. The motion carried by the following vote: Aye - Councilors Dingman, Francis, Freeman, Hally, Radford. Abstain - Councilor Burtenshaw. Nay - none. C. Police Department 1) Public Transportation Services Title 4, Chapter 15 of the City of Idaho Falls Code requires that Public Transportation Operator’s licenses Page 3 of 14 City Council Meeting Minutes - Final November 23, 2021 be granted to applicants with a valid chauffeur’s license. It is proposed that the word chauffeur be replaced with the word: driver’s. Requiring a chauffeur’s license is overly burdensome to someone working for a cab company, particularly when you consider independent companies like Lyft and Uber have no such requirement. It is also proposed that the Public Transportation Owner’s license expire December 31 of each calendar year to coincide with the city issued inspection sticker. Idaho Falls Police Captain Jeremy Galbreaith appeared. Per Councilor Radford, Captain Galbreaith stated Lyft and Uber are free enterprises and he does not believe they will be looked at. He noted inspections occur at the local businesses. Councilor Francis noted this amendment will also assist the Clerk’s Office. He explained recent document corrections. It was moved by Councilor Francis, seconded by Councilor Freeman, to approve the ordinance amending Title 4, Chapter 15 under a suspension of the rules requiring three complete and separate readings and request that it be read by title and published by summary. The motion carried by the following vote: Aye - Councilors Francis, Dingman, Freeman, Hally, Radford, Burtenshaw. Nay - none. At the request of Mayor Casper, the City Clerk read the ordinance by title only: ORDINANCE NO. 3426 AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO; AMENDING TITLE 4, CHAPTER 15 OF THE IDAHO FALLS CITY CODE TO REMOVE THE REFERENCE TO STATE CHAUFFEUR'S LICENSES AND CLARIFYING THE REQUIREMENT THAT APPLICANTS MUST POSSESS A VALID STATE DRIVER'S LICENSE AT THE TIME OF APPLICATION FOR PUBLIC TRANSPORTATION LICENSING, PROVIDING THAT PUBLIC TRANSPORTATION SERVICE OWNER'S LICENSES AND ANNUAL INSPECTION STICKERS SHALL EXPIRE ON THE 31 OF DECEMBER OF THE YEAR THE LICENSE OR STICKER IS ISSUED, AND PROVIDING SEVERABILITY, CODIFICATION, PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE. D. Community Development Services 1) Final Plat, Development Agreement, and Reasoned Statement of Relevant Criteria and Standards, Mill Road Townhomes. Attached is the application for the Final Plat, Development Agreement, and Reasoned Statement of Relevant Criteria and Standards for Mill Road Townhomes. The Planning and Zoning Commission considered this item at its June 1, 2021, meeting and recommended approval by unanimous vote. Staff concurs with this recommendation. There was no discussion. It was moved by Councilor Radford, seconded by Councilor Francis, to approve the Development Agreement for Mill Road Townhomes, and give authorization for the Mayor and City Clerk to execute the necessary documents. The motion carried by the following vote: Aye - Councilors Burtenshaw, Hally, Dingman, Radford, Freeman, Francis. Nay - none. Page 4 of 14 City Council Meeting Minutes - Final November 23, 2021 It was moved by Councilor Radford, seconded by Councilor Francis, to accept the Final Plat for Mill Road Townhomes and give authorization for the Mayor, City Engineer, and City Clerk to sign said Final Plat. The motion carried by the following vote: Aye - Councilors Hally, Francis, Radford, Dingman, Burtenshaw, Freeman. Nay - none. It was moved by Councilor Radford, seconded by Councilor Francis, to approve the Reasoned Statement of Relevant Criteria and Standards for the Final Plat for Mill Road Townhomes and give authorization for the Mayor to execute the necessary documents. The motion carried by the following vote: Aye - Councilors Freeman, Radford, Burtenshaw, Francis, Dingman, Hally. Nay - none. 2) Final Plat and Reasoned Statement of Relevant Criteria and Standards, Idaho Falls Luxury RV Park. Attached is the application for the Final Plat and Reasoned Statement of Relevant Criteria and Standards for the Idaho Falls Luxury RV Park. The Planning and Zoning Commission considered this item at its June 1, 2021, meeting and recommended approval by unanimous vote. Staff concurs with this recommendation. Councilor Freeman noted this is the former Sky Vu Drive-In. It was moved by Councilor Radford, seconded by Councilor Francis, to accept the Final Plat for Idaho Falls Luxury RV Park and give authorization for the Mayor, City Engineer, and City Clerk to sign said Final Plat. The motion carried by the following vote: Aye - Councilors Hally, Radford, Francis, Dingman, Burtenshaw, Freeman. Nay - none. It was moved by Councilor Radford, seconded by Councilor Francis, to approve the Reasoned Statement of Relevant Criteria and Standards for the Final Plat for Idaho Falls Luxury RV Park and give authorization for the Mayor to execute the necessary documents. The motion carried by the following vote: Aye - Councilors Francis, Dingman, Freeman, Hally, Radford, Burtenshaw. Nay - none. 3) Public Hearing-Part 1 of 2 of the Annexation and Initial Zoning-Annexation Ordinance and Reasoned Statement of Relevant Criteria and Standards for 29.876 acres, Northwest ¼ of Section 7, Township 2 North, Range 38 East. Attached is part 1 of 2 of the application for Annexation and Initial Zoning of R3, Multiple Dwelling Residential with Airport Overlay Controlled Development and Limited Development Zone which includes the Annexation Ordinance and Reasoned Statement of Relevant Criteria and Standards for 29.876 acres, Northwest ¼ of Section 7, Township 2 North, Range 38 East. The Planning and Zoning Commission considered this item at its July 20, 2021, 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 entered into the record. She requested applicant presentation. No one appeared. Mayor Casper requested staff presentation. Community Development Services Director Brad Cramer appeared. He presented the following: Page 5 of 14 City Council Meeting Minutes - Final November 23, 2021 Slide 1 - Property under consideration Director Cramer identified adjacent annexed properties including R&D and R3A zoning to the west and R1 zoning to the north. He stated the requested zone is R3 which is a residential zone that allows family development up to 35 units per acre. He also stated the property is contiguous to the west and north. He noted this annexation includes the right-of-way (ROW) that extends to the west to make the entire intersection in city jurisdiction. Slide 2 - Comprehensive Plan Future Land Use Map Director Cramer stated this area is shown as a Higher Education Center which anticipates a variety of uses including higher-density housing. Slide 3 - Aerial photo of property under consideration Director Cramer identified the surrounding land uses which includes vacant and agricultural land. Slide 4 - Additional aerial photo of property under consideration Director Cramer stated the site is currently undeveloped. Slide 5 - Airport Overlay Map Director Cramer stated the requested zoning will have two (2) sections of Airport Overlay that will include controlled development and limited development which will have some minor restrictions for residential development. Slide 6 - Photo looking south Slide 7 - Photo looking east across the site Per Mayor Casper, Director Cramer stated the correct acreage is 29, the discrepancy is the inclusion of the ROW. Per Councilor Francis, Director Cramer stated the Planning and Zoning Commission (P&Z) did not hear this annexation before any plan was started with the Innovation District. Councilor Francis believes there are elements (in the Innovation District plan) that would be somewhat inconsistent with R3. Director Cramer stated that project was still in development although not finalized. He noted this corner was identified (in the Innovation District plan) as a potential location for a future town center that would include mixed uses. Councilor Francis believes a decision could change a plan for this area when the plan has not been presented yet by the consultant. Director Cramer stated staff recommended approval under the current plan and policy as the Innovation District is still under development. He also stated the developer has the right to develop per the assigned zone but could also request a rezone. He noted the city could initiate a rezone after four (4) years if nothing has been developed. Councilor Francis reiterated this zone would not be consistent with the potential Innovation District. Mr. Fife stated the Council needs to react to what is being presented with the current application for annexation and initial zoning. He cautioned the voting based upon the idea that Council has the right to change the development. Councilor Francis indicated he would like this information to be passed to the developer through Community Development Services. He believes the Council should be aware of the information as it could create contention which could be addressed if not resolved. Mr. Fife stated the property owner has the right to have Council look at what it is before them. Mayor Casper reminded the Council that a decision does not have to be made immediately. She indicated she had similar questions for Economic Development Coordinator Dana Briggs as Ms. Briggs has been leading the Innovation District conversations. Per Mayor Casper, Director Cramer expressed his concern for postponing as the plan for the Innovation District, although interesting and important to the city, is not an official document and the property owner has the right to have the application considered for what currently exists. He believes it’s problematic to delay a decision in anticipation of something that may or may not be approved. He stated the R3A doesn’t preclude that particular use from happening in this area as there is still undeveloped land in the general area. He also stated there are other opportunities. He reiterated this annexation is being requested under today’s code and policies. Per Councilor Freeman, Director Cramer confirmed a single-family home will be surrounded by this Page 6 of 14 City Council Meeting Minutes - Final November 23, 2021 annexation which is a different property owner. Mayor Casper requested public comment. Mayor Casper read a recent text message with Ms. Briggs regarding the Innovation District’s goals. Ms. Briggs responded by saying she believes it would be preferred not to be R3 but it’s okay. Per Councilor Burtenshaw, Director Cramer confirmed the Airport Overlay would have limited disruption. Seeing no additional public comment, Mayor Casper closed the public hearing. Councilor Radford stated the Council has worked on this area for many years and there are processes that someone could bring forward. Councilor Freeman stated this is a mixed-use area which has been encouraged. He believes this is a good area to live and work. Councilor Burtenshaw believes bike and pedestrian access can be added once the city gets control of the entire roadway. It was moved by Councilor Radford, seconded by Councilor Francis, to approve the ordinance annexing 29.876 acres, Northwest ¼ of Section 7, 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. The motion carried by the following vote: Aye - Freeman, Francis, Hally, Radford, Burtenshaw, Dingman. Nay - none. At the request of Mayor Casper, the City Clerk read the ordinance by title only: ORDINANCE NO. 3427 AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO; PROVIDING FOR THE ANNEXATION OF APPROXIMATELY 29.876 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 Councilor Radford, seconded by Councilor Francis, to approve the Reasoned Statement of Relevant Criteria and Standards for the annexation of 29.876 acres as previously described and give authorization for the Mayor to execute the necessary documents. The motion carried by the following vote: Aye - Dingman, Radford, Francis, Burtenshaw, Hally, Freeman. Nay - none. 4) Public Hearing-Part 2 of 2 of the Annexation and Initial Zoning of R3, Multiple Dwelling Residential with Airport Overlay Controlled Development and Limited Development Zone, Initial Zoning Ordinance and Reasoned Statement of Relevant Criteria and Standards, 29.876 acres, Northwest ¼ of Section 7, Township 2 North, Range 38 East. Attached is part 2 of 2 of the application for Annexation and Initial Zoning of R3, Multiple Dwelling Residential with Airport Overlay Controlled Development and Limited Development Zones which includes the Initial Zoning Ordinance and Reasoned Statement of Relevant Criteria and Standards for 29.876 acres, Northwest ¼ of Section 7, Township 2 North, Range 38 East. The Planning and Zoning Commission considered this item at its July 20, 2021, meeting and recommended approval of R3, Multiple Residential with Airport Overlay Controlled Development and Limited Development Zones by a unanimous vote. Staff concurs with this recommendation and recommends approval. It was moved by Councilor Radford, seconded by Councilor Francis, to assign a Comprehensive Page 7 of 14 City Council Meeting Minutes - Final November 23, 2021 Plan Designation of “Higher Education Center” and approve the ordinance establishing the initial zoning for R3, Multiple Dwelling Residential with Airport Overlay Controlled Development and Limited Development Zone as shown in the ordinance exhibits 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. The motion carried by the following vote: Aye - Radford, Freeman, Burtenshaw, Francis, Dingman, Hally. Nay - none. At the request of Mayor Casper, the City Clerk read the ordinance by title only: ORDINANCE NO. 3428 AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO; PROVIDING FOR THE INITIAL ZONING OF APPROXIMATELY 29.876 ACRES DESCRIBED IN EXHIBIT A OF THIS ORDINANCE AS R3; AND PROVIDING SEVERABILITY, PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE. It was moved by Councilor Radford, seconded by Councilor Francis, to approve the Reasoned Statement of Relevant Criteria and Standards for the Initial Zoning of R3, Multiple Dwelling Residential with Airport Overlay Controlled Development and Limited Development Zone and give authorization for the Mayor to execute the necessary documents. The motion carried by the following vote: Aye - Hally, Burtenshaw, Dingman, Freeman, Francis, Radford. Nay - none. 5) Public Hearing-Rezone from LM, Light Manufacturing to R3, Multiple Dwelling Residential, Zoning Ordinance and Reasoned Statement of Relevant Criteria and Standards, 4.997 acres of Lot 1, Block 1, AL-SID Subdivision. Attached is the application for Rezoning from LM to R3, Zoning Ordinance, and Reasoned Statement of Relevant Criteria and Standards for 4.997 acres of Lot 1, Block 1, AL-SID Subdivision. The Planning and Zoning Commission considered this item at its October 5, 2021 meeting and recommended denial by a unanimous vote. Staff does not fully concur with this recommendation. Mayor Casper opened the public hearing and ordered all items presented be entered into the record. She requested applicant presentation. Sky Hazlehurst appeared. Mr. Hazlehurst distributed a traffic generation report per a civil engineer. He stated the traffic generation report describes the impact on Rollandet, which is currently 5,400-5,500 vehicles per day, and may see a 1-2% increase. He also stated this number is based off the maximum density that the zone would allow. Mr. Hazlehurst also distributed documents that include a letter from the Development Workshop Inc. (DWI) indicating that DWI is in favor of more affordable housing for their employees. He also stated the property owner, Alex Perez, has had this property for sale for some time and he appears to be excited for the potential use of this property including public parks. Mr. Hazlehurst indicated he has worked with staff on the Comprehensive Plan (Comp Plan) which fits with high density. He also indicated the R3 zoning has been presented versus the previously presented LC zoning, and he is committed to following the proper steps. Mr. Hazlehurst stated the traffic generation report was based off 100% of traffic off Rollandet and 0% of traffic off McNeil, which shows there is no Page 8 of 14 City Council Meeting Minutes - Final November 23, 2021 intent to use McNeil. He also stated the traffic counts included all times of the day. Mr. Hazlehurst believes this is a good central location for retail and is an excellent location for multi-family development. He also believes the industrial is a great buffer, it’s commonly used, and there has been previous success. Mr. Hazlehurst indicated the documents also include screenshots of similar properties/examples of R3 that are adjacent to/butt up to industrial uses. Mayor Casper requested staff presentation. Director Cramer clarified page 2 of the distributed documents, a preliminary site layout, cannot be considered as part of the decision as this item is a rezone. He identified staff differences from the P&Z as he noted staff does not concur with the P&Z denial although concerns remain the same. Slide 1 - Property under consideration in current zoning Director Cramer stated there are a variety of zones in the area including Industrial Manufacturing to the west, Limited Commercial Estate and R3A to the south, and a lot of park zoning to the east and north along with Light Manufacturing and Limited Commercial to the north as well as Industrial Manufacturing. He also stated staff recommended approval due to the surrounding zone which is near parks and green spaces. Slide 2 - Comprehensive Plan Future Land Use Map Director Cramer stated the R3A would be appropriate as there is a mix of higher-density housing and employment center. He noted employment center has not historically included housing although higher-density would anticipate a higher-density zone. He also stated, per historical research, this property has been higher-density since 1981 and has been fairly consistent since that time. He reiterated the requested zone is consistent with the map and policies being located near collector and public facilities. Slide 3 - Aerial photo of property under consideration Director Cramer stated there are a number of heavy industrial uses in the immediate area to the west and northwest, there are commercial uses to the south, there is residential further south to Sunnyside, and there are parks to the east and north. He noted most of this land is annexed as Industrial and Manufacturing. He also noted staff doesn’t discount the concerns of the heavy industrial use. Slide 4 - Additional aerial photo of property under consideration Director Cramer stated the property is currently undeveloped although there are a variety of uses surrounding the site. He also stated there would be immediate access to Rollandet, whereas previous requests had limited access to McNeil. Slide 5 - Photo looking west across the property from Rollandet Slide 6 - Additional photo looking west Councilor Francis questioned the previous rezone request of the McNeil property having no connection to Thayer Bridge so the only exit would be on McNeil. Director Cramer confirmed. Per Councilor Burtenshaw, Director Cramer stated access does not have to occur to both streets but there is no code that prevents access to both streets. Per Councilor Radford, Director Cramer stated internal staff does not include the P&Z, noting it is rare that staff does not concur with P&Z. He also stated staff includes the entire Community Development Services Department. He noted this is not an obvious approval or an obvious denial, and it is not an easy decision or request. Also per Councilor Radford, Director Cramer stated staff does not anticipate a unanimous approval or denial, and a denial from P&Z is generally a split vote although he noted this was a unanimous denial. Per Councilor Francis, Director Cramer confirmed LC to the south which would allow housing. Council President Dingman referred to the P&Z minutes noting Commissioner Black’s concern. Per Council President Dingman, Director Cramer stated Rollandet is considered a major collector. Council President Dingman stated a criteria for rezone is the potential traffic congestion, including pedestrian traffic. She indicated the nearest crosswalk is Page 9 of 14 City Council Meeting Minutes - Final November 23, 2021 Rollandet and Sunnyside which she believes would qualify as potential traffic-related issues. Per Council President Dingman, Director Cramer stated the maximum build is 35 units per acre. Mayor Casper requested public comment. Alex Perez, property owner, appeared. Mr. Perez stated he’s had this property for 50+ years, has tried four (4) different businesses, and has always had traffic jams. He believes when the development is done more traffic would be on Park Drive, however there is a housing development south of the church. He does not see where construction would add any more traffic than the church. Mr. Perez stated years ago the country was at war and he was asked to help. He volunteered to help the country fight that war, he is now wondering if that country is going to help him overturn this decision. Rick Hoffla, Idaho Falls resident, appeared. Mr. Hoffla stated he is the Operations Vice President for Burns Concrete. He noted Burns Concrete has submitted substantial written testimony. He emphasized this is the second time in 15 months that Burns Concrete has dedicated time and resources to oppose a developer’s plan to put high-density residential housing in an area that will remain almost comprehensively industrial development. Mr. Hoffla stated the property being considered was zoned Light Manufacturing and Heavy Commercial three (3) years ago which is consistent with uses in the area, this property is near major highways and railways, and is ideally situated for industrial use. He also stated Burns Concrete has significant property holdings along McNeil Drive as well as in the adjacent area. He indicated Burns Concrete acquired this property for proximity to the existing facilities and to be separated from residential development that would avoid any potential mixed-use conflicts. Mr. Hoffla stated it’s Burns Concrete position that the property between Rollandet and McNeil serve as a buffer, any residential development would remove this buffer and would be surrounded by industrial which would create a mixed-use conflict where none currently exists. He also stated Burns Concrete respectfully requests the existing industrial property owners' interests be protected. He also encouraged the Council to endorse the P&Z’s unanimous decision. He believes residential development in an industrial area is poor planning. He is confident that Burns Concrete and the surrounding land owners will return to this same forum until the city’s position on that zoning is made clear. Rollie Walker, Idaho Falls resident, appeared. Mr. Walker stated he relishes in the memory of putting roads through fields as a place to re-route heavy industrial traffic off of Rollandet. He also stated it was needed then, is needed now, and it works. Mr. Walker stated his family paid for the road. He indicated he went to the neighbors explaining this road would allow another access although there is a bend due to the neighbors who would not pay for it. Mr. Walker believes it was bright and visionary as the city saw a need to remove heavy industrial from regular traffic. He is hopeful it will stay that way to preserve its purpose. Mr. Walker indicated he walks that road every day and realizes turning left is challenging. He also indicated a right-turn only would force the traffic through the industrial. He emphasized the road should be kept for heavy industrial. He believes there needs to be a place for industrial and there is a lot of other land for high-density. He is hopeful the wide road is maintained for heavy industrial as it does its job. Colby Mitchell, works in Idaho Falls as the managing director at TYG Commercial Real Estate, appeared. Mr. Mitchell stated local housing prices have increased 20-25%, and there is a greater demand for housing as there is a large influx of people moving to this market. He also stated his firm has seen many rezones from commercial or industrial use into R3, and his firm was also involved in a recent rezone from industrial to R3 involving approximately 13 acres around Woodruff Avenue. Mr. Mitchell stated he Page 10 of 14 City Council Meeting Minutes - Final November 23, 2021 has worked with many developers in five (5) states and his experience with Mr. Hazlehurst’s character has been very stand up. Chad Hammond, Idaho Falls resident and owner of IE Productions, appeared. Mr. Hammond stated his company recently purchased property adjacent to this property as they intend to expand their operations and to construct additional light industrial buildings. He also stated IE Productions has been located in this area for approximately 12 years noting this is a great road and is used daily for large industrial businesses. Mr. Hammond stated the property was purchased for commercial property. He understands the problems of residential growth in Idaho Falls although he questioned the number of commercial properties that will support the growth. He believes this property should stay commercial. Dan Plaizier, Idaho Falls resident, appeared. Mr. Plaizier stated he is the owner of Dan’s Collision Repair on 17th and Rollandet as well as the owner of the shop on 20th Street and Leslie, which he purchased in 1983. He noted Leslie directly intersects with McNeil. He also stated the traffic on Leslie and McNeil is substantial but is nothing compared to the traffic on Rollandet. Mr. Plaizier agrees there is a need for affordable housing, although there is a need to look at current traffic patterns and how much room is available to expand any further traffic or pedestrian/bike paths. He indicated he occasionally walks to work and he sees a lot of foot traffic. He also indicated housing is already there, there is no room for more traffic. He also disagrees with a no left-hand turn at that intersection as all that current traffic will find other avenues including Curtis. Mr. Plaizier stated he sees a lot of accidents and this is a bad intersection. He believes planning needs to be done including traffic patterns and industrial buffers. He also believes any apartments are not going to like the loud noise and there will be complaints. He reiterated the big issue is the traffic. Carl Passino, Idaho Falls resident, appeared. Mr. Passino stated his family owns Arco Electric and a recreational vehicle storage in the adjacent area. He also stated their business makes a lot of noise which was built in this area due to the noise. He fears there will be neighbor conflict if high-density residential is allowed which they do not want as a business. He agrees that residential may make sense in some of the area but any buffer would be a sharp line. Mr. Passino reiterated the potential neighbor conflict. Connie Bates, Idaho Falls resident, appeared. Ms. Bates stated there is a ditch that runs in front of her property, which could be piped. She expressed her concern for potential vandalizing and abuse of her animals by future neighbors. She believes there could be better use for this property than high-density. Kirk Burns, owner of numerous acres of industrial property, appeared. Mr. Burns stated there are plans for expansion which was assembled after the road on McNeil drive was established. He believes there is a major traffic issue. He also expressed his disappointment that there were no pictures to the west side of the property. He indicated the P&Z staff report noted existing R3 apartments in the area. He noted the apartments are more than three (3) miles away, there is nothing for multi high-density in the area with the exception of Thayer Bridge in which the outlet is controlled from Sunnyside. Mr. Burns stated the P&Z report also addresses zoning. He believes the original zoning was shopping center-type light industrial which was changed to light commercial in 2018 which was consistent with the area at that time. He indicated the rezone did not follow the Comp Plan. Mr. Burns stated, per Imagine IF, the entire area is recommended as Industrial, there is no discussion for R3 in this area. He believes the intent has always been industrial. Mr. Burns stated the park in the area is the working side of the park. He identified the park areas. He stated there are no walkways, there are two (2) ditches, and 300’ of Page 11 of 14 City Council Meeting Minutes - Final November 23, 2021 sidewalk that will go nowhere. He believes the sidewalks are worthless until the city improves the roads. He also understands that 25th Street and Gallaton Avenue will become a main thoroughfare. Mr. Burns stated his business has been very diligent with DWI noting the crosswalk is very long. He believes traffic is going to be an issue, no left-turn onto 17th Street will be an issue, and there is no fixing this in the near future. He described the route of travel stating he would have preferred to see the traffic study. Mr. Burns also noted this is the second request in the previous 15-18 months. He believes this will create a problem that the people moving in won’t see. He noted staff encourages street parking. He believes street parking is not needed on Rollandet and McNeil Drive. He also believes why the P&Z decision was clear. He indicated the current plan with imagine IF does not see it. He agrees that high-density is needed although he also understands that commercial industrial areas must be preserved and there must be employment centers to go with high-density. Mr. Burns stated he can’t resolve future conflicts with the noise. He realizes this is a different situation than a year ago and he appreciates what the landowner is trying to accomplish, however, large investments have been made in this area for industrial development. He stated he is against the rezone. Brad Brown, non-Idaho Falls resident, appeared. Mr. Brown expressed his appreciation for the passion from the community. He hopes to be a good member and feels the same way about the community, and he wants to ensure the concerns are not going unheard. Mr. Brown stated city staff can address traffic safety and concerns at the proper time, this area has been in the Comp Plan for the previous four (4) years, he believes this is a good area for a R3-type use, and there is a good buffer between the park and the industrial area. Mr. Brown stated he has heard concerns to protect the interest, he understands this and he wouldn’t expect less. He also believes Mr. Perez’ property rights should be considered and he should be treated fairly. Mr. Brown requested the Council react to what is being presented at this time per the Comp Plan. He noted Imagine IF is a future document. He stated he is in favor of the rezone. He hopes the rezone will benefit the community, they have good faith to address the concerns, and they will work with the property owners for the best solution for all. Linda Szimhardt, Idaho Falls resident, appeared. Ms. Szimhardt understands the city needs residential and R3 would take the stress off the needs. She believes there are good intentions, although she does not agree this is the right spot as there are no services in the area. She also believes this would be a conflicting use of the current and planned industrial use, and the traffic would still be going through the industrial area with a left-turn lane. She understands the Melaleuca building in this area will also add to the traffic concerns. Ms. Szimhardt believes R3 could co-exist in other areas but not next to industrial as she see conflicts in the area along with the traffic concerns. Per Councilor Francis, Director Cramer identified the zoning designations for each parcel. He confirmed there is no Light Manufacturing south or west of the property. Mr. Hazlehurst reappeared. He stated the ROW dedication is to be part of the development. Mr. Fife reminded the Council this item is a rezone. Mr. Hazlehurst believes the concerns are based on the development, he is comfortable with the use. Mayor Casper closed the public hearing. Councilor Radford stated Council puts their trust in P&Z and he does not see a compelling reason to go against P&Z. He does not believe finding conflict will help the cause long-term and he will be voting against the rezone. Councilor Francis noted the P&Z expressed doubt. He questioned this same doubt Page 12 of 14 City Council Meeting Minutes - Final November 23, 2021 as several months ago the parcel in question for a rezone did not have a connection to Thayer Bridge although he realizes this current rezone request does connect to Rollandet. Councilor Burtenshaw expressed her concern for high-density being a buffer as she sees a buffer as a transition. She believes people need the buffer, the park doesn’t need the buffer. She does not believe the rezone fits the intent of the property. Councilor Hally stated he has previously been a DWI Board Member. He can’t imagine this being a good spot for kids, he does not believe it’s a good location. Councilor Freeman expressed his concern that a rezone cannot control what the developer develops. He believes this feels like a spot zone. Councilor Francis does not believe this would be spot zoning. He understands the traffic and noise concerns although buffering is part of the developer’s responsibility. He indicated the Council has approved a similar rezone at Snake River Landing. Councilor Radford believes there is responsibility of the appellant for a rezone when there is predictability of owners. He also believes there would be other options as the property owner. Councilor Francis stated the property owner has inherent rights. Mayor Casper expressed her gratitude to all those involved. She believes the best use of this land will be identified. It was moved by Councilor Radford, seconded by Councilor Burtenshaw, to deny the ordinance rezoning this described acreage for 4.997 acres of Lot 1, Block 1. The motion carried by the following vote: Aye - Councilors Burtenshaw, Hally, Radford, Dingman, Freeman. Nay - Councilor Francis. Following discussion regarding the modified Reasoned Statement of Relevant Criteria and Standards, it was moved by Councilor Radford, seconded by Councilor Burtenshaw, to approve the Reasoned Statement of Relevant Criteria and Standards for the denial of the rezone because of the residential incompatibility with the primary use of the area, the traffic concerns, the safety concerns, and the design concerns. Mr. Fife believes ‘concerns’ is neutral, he suggested addressing the negative impacts. It was then moved by Councilor Radford, seconded by Councilor Burtenshaw, to approve the Reasoned Statement of Relevant Criteria and Standards for the denial of the rezone because of the negative impacts of residential incompatibility with the primary use of the area, the negative impacts of the traffic concerns, the negative impacts of the safety concerns, and the negative impacts design concerns. Director Cramer restated the denial reasons included in the Reasoned Statement of Relevant Criteria and Standards. The motion carried by the following vote: Aye - Councilors Dingman, Burtenshaw, Freeman, Hally, Radford. Nay - Councilor Francis. E. City Attorney 1) Ordinance Revising and Standardizing Title 2 of City Code City Code Title 2 establishes and regulates various City boards, commissions, and advisory committees. The proposed Ordinance is intended to standardize the structure and functions of the various boards, commissions, and committees while maintaining particularized language where it serves a practical or legal purpose. The proposed Ordinance also retires several groups no longer essential to City functions. Mr. Fife stated this amendment is for consistency and the desires of the Department Directors. He noted four (4) committees will be eliminated, and because the committees will no longer be used the number of chapters in Title 2 will be reduced to reflect that. He also noted some language has been changed since previous discussion. Councilor Francis explained those changes. Councilor Hally Page 13 of 14 City Council Meeting Minutes - Final November 23, 2021 expressed his appreciation to Legal and Councilor Francis. He believes it's a good idea to standardize functions as it protects the integrity of the Council. Councilor Radford also expressed his appreciation although he noted he would not have eliminated Traffic and Safety Committees. It was moved by Councilor Hally, seconded by Councilor Radford, to approve the ordinance revising Title 2 of the City Code under a suspension of the rules requiring three complete and separate readings and request that it be read by title and published by summary. The motion carried by the following vote: Aye - Councilors Francis, Dingman, Freeman, Hally, Radford, Burtenshaw. Nay - none. At the request of Mayor Casper, the City Clerk read the ordinance by title only: ORDINANCE NO. 3429 AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, AMENDING TITLE 2 TO GENERALLY STANDARDIZE CITY COMMISSIONS, COMMITTEES, AND BOARDS IN CHAPTERS 1 THROUGH 12; THE DISCONTINUING OF THE YOUTH ADVISORY COUNCIL, TRAFFIC SAFETY COMMITTEE, CITY SAFETY COMMITTEE, BEAUTIFICATION COMMISSION, AND ELIMINATING UNNECESSARY REMAINING TITLE 2 CHAPTERS; PROVIDING SEVERABILITY, CODIFICATION, PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE. 6. Announcements. Mayor Casper announced the Idaho Falls Soup Kitchen and the Salvation Army will be serving meals for Thanksgiving. 7. Adjournment. There being no further business, the meeting adjourned at 10:22 p.m. s/ Kathy Hampton __________________________________________ s/ Rebecca L. Noah Casper ______________________________________________ Kathy Hampton, City Clerk Rebecca L. Noah Casper Page 14 of 14