City Council

680 Park Avenue City Council Meeting Idaho Falls, ID 83402 Minutes - Final Thursday, September 8, 2022 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, and Councilor Jim Francis Absent: Councilor Lisa Burtenshaw Also present: All available Department Directors Michael Kirkham, Assistant City Attorney Kathy Hampton, City Clerk 2. Pledge of Allegiance. Mayor Casper requested Eric Grossarth, Public Information Officer, to lead those present in the Pledge of Allegiance. 3. Public Comment. Bill Crane, resident of The Village subdivision, appeared. He stated there was a meeting approximately four months ago regarding the soccer fields area, noting he has not heard or received any communication since that time. He also stated the slideshow presented at that meeting has not been updated to the Airport Master Plan on the city’s website as was stated. Mr. Crane encouraged more/concrete communication as there as more rumors going around regarding the land. Mayor Casper indicated the Airport Master Plan meeting will be held September 15 as an electronic meeting, although this is not considered a public meeting. She agreed that updates should have occurred. Anthony Re, Montana resident, appeared. He stated 5G radiation is microwaving people to death, and chemicals are being sprayed on our heads daily. He also stated funeral directors are not finding blood clots where they’re supposed to be, and he shared a website source related to this. Mr. Re stated life insurance policies have increased, noting the number of pilots that die each year, and more than 2,000 professional athletes have heart problems on the fields. 4. Consent Agenda. Councilor Radford requested to remove item A.1. from the Consent Agenda for future discussion. Mayor Casper stated this item will be moved the Regular Agenda. B. Idaho Falls Power 1) BPA Power Services Confirmation Agreement No. 22PM-16520 C. Municipal Services 1) 2022 First Quarter Impact Fee Report Page 1 of 11 City Council Meeting Minutes - Final September 8, 2022 2) Treasurer’s Report for July 2022 3) Minutes from Council Meetings 4) License Applications, all carrying the required approvals Action Item: It was moved by Council President Ziel-Dingman, seconded by Councilor Francis, to approve, accept, or receive all items on the Consent Agenda according to the recommendations presented. The motion carried by the following vote: Aye - Councilors Radford, Freeman, Francis, Dingman, Hally. Nay - none. 5. Regular Agenda. A. Office of the Mayor 1) It was moved by Councilor Radford, seconded by Councilor Freeman, to table this item for future discussion. The motion carried by the following vote: Aye - Councilors Hally, Dingman, Radford, Freeman, Francis. Nay - none. A. Fire Department 1) Approval of Stryker 360 Master Maintenance Agreement Fire Chief Duane Nelson appeared. He stated this agreement will better plan for capital planning. He explained the vender Stryker is a major supplier, noting there are many pieces of equipment tied to this contract which can be traded out within the time frame. Mayor Casper stated this item was discussed at the September 6 City Council Work Session. Councilor Francis expressed his concern for items within the agreement. He wants to ensure there is an ‘out clause’ for the city. Mr. Kirkham stated this agreement is similar to the master vehicle lease agreement for the Idaho Falls Police Department. He explained there's a State local government rider which states if a council does not fund the contract in the budget that allows the contract to end at the end of fiscal year. He stated this is considered the ‘out clause’ and gives the council flexibility to redirect funds in a different way. He noted this is a constitutional limitation. Councilor Francis questioned the requirement to pay if equipment is defective. Mr. Kirkham stated Stryker does not build the equipment, the manufacturer would need to be contacted if equipment is defective. Per Councilor Francis, Chief Nelson stated the 24-hour inspection request clause is not unusual. Per Council President Dingman, Mr. Kirkham clarified additional ‘out clause’ information. Councilor Freeman believes this contract is needed and a 10-year contract will save money in the long run. It was moved by Councilor Freeman, seconded by Council President Ziel-Dingman, to approve the Stryker 360 master agreement between the City and Stryker Sales, LLC and give authorization for the Mayor and City Clerk to sign the necessary documents. The motion carried by the following vote: Aye - Councilors Hally, Dingman, Freeman, Francis, Radford. Nay - none. B. Municipal Services Page 2 of 11 City Council Meeting Minutes - Final September 8, 2022 1) Approval to Write-Off Unpaid Ambulance Service Accounts Municipal Services Director Pamela Alexander appeared. She stated the policy approved in 2016 allows write-offs. She also stated write-offs are required in the audit. She explained the write-offs for Medicare and Medicaid. Per Councilor Radford, Director Alexander stated the city is trending well. She also stated the collection agency is working with the billing company for electronic billing. She noted the older the claims, the harder it is to collect. Also per Councilor Radford, Director Alexander stated the amount of write-offs decreases each year. Council President Dingman noted the amount paid falls below the cost of service. Councilor Freeman noted the write-offs are trending down while the number of calls are trending up. He commended Municipal Services. Director Alexander recognized the ambulance committee members. It was moved by Council President Ziel-Dingman, seconded by Councilor Freeman, to approve the write-off of unpaid ambulance service accounts for the calendar service dates of 2017, 2018, 2019, 2020, and 2021 determined as past statute or uncollectible for a total of $3,827,633. The motion carried by the following vote: Aye - Councilors Hally, Radford, Dingman, Freeman, Francis. Nay - none. 2) Real Estate Purchase and Sale Agreement for Idaho Falls Fire Department Director Alexander appeared. She stated the area is growing to the south, noting this fire station is fully equipped. Chief Nelson stated it’s not very often to purchase a move-in ready fire station and this will add immediate value with that growth to the south, noting this growth is going to increase. He indicated slight modifications will be needed for staffing. Council President Dingman commended Chief Nelson for his thoughtful planning of fire safety. Councilor Radford expressed his gratitude to Chief Nelson for his fiscal responsibility. He believes this is a more effective way to build opportunities to serve the public, noting it would be more expensive to build. Councilor Hally stated the response times will be improved which is a safety issue. Councilor Freeman expressed his appreciation to the Bonneville County Fire Protection District for their willingness to sell this property to the city. Mayor Casper agreed. She believes this shows their commitment to safety over profit. Councilor Francis stated plans are already in place for the apparatus for this facility. It was moved by Council President Ziel-Dingman, seconded by Councilor Radford, to approve the Real Estate Purchase and Sale Agreement between the City of Idaho Falls and Bonneville County Fire Protection for a total of $1,535,000. The motion carried by the following vote: Aye - Councilors Dingman, Francis, Freeman, Hally, Radford. Nay - none. 3) Approve Real Estate Purchase and Sale Agreement Director Alexander appeared. She recapped the process, previous public hearings, and the auction. Director Holm expressed his excitement for this sale, stating the funding will assist with other Parks and Recreation projects. Per Mayor Casper, Director Alexander believes the four-month due diligence period is typical with the market and it may take time for an inspection. Councilor Radford noted the property contains a large amount of basalt. Council President Dingman expressed her appreciation for the council and staff decisions. It was moved by Council President Ziel-Dingman, seconded by Councilor Freeman, to approve the real Page 3 of 11 City Council Meeting Minutes - Final September 8, 2022 estate purchase and sale agreement for city-owned property located at Bel-Aire Division No. 3, Lots 1, 2 and 3 inclusive, Block 16; and Lot 1, Block 17 in the W ½ NE ¼ of Section 17, Township 2 North, Range 38, E.B.M. to J.E.T. Real Estate Holdings, LLC., for a total of $2,000,000 cash. The motion carried by the following vote: Aye - Councilors Francis, Dingman, Freeman, Hally, Radford. Nay - none. C. Community Development Services 1) Business Improvement District Management Agreement between the City of Idaho Falls and the Downtown Development Corporation. Community Development Services Director Brad Cramer appeared. He explained the main changes from the previous agreement include the dates. He also noted an address correction in the agreement. Councilor Francis stated the BID keeps the IFDDC going, noting downtown is one of the major images every city has. He recognized the IFDDC’s dedication to make downtown an enjoyable place to be and for the successful businesses, noting downtown is known regionally and globally. It was moved by Councilor Francis, seconded by Council President Ziel-Dingman, to approve the Business Improvement District Management Agreement between Idaho Falls Downtown Development Corporation and the City of Idaho Falls. The motion carried by the following vote: Aye - Councilors Hally, Dingman, Radford, Freeman, Francis. Nay - none. 2) Downtown Parking Memorandum of Understanding (MOU) between Idaho Falls Downtown Development Corporation (IFDDC) and the City of Idaho Falls. Director Cramer appeared. He explained the three areas being added, noting there are budget increases as well. Councilor Francis stated this will add consistency to the entire downtown parking system. He believes this will assist with snow removal. He also believes this is a win-win situation. It was moved by Councilor Francis, seconded by Council President Ziel-Dingman, to approve the Downtown Parking Memorandum of Understanding between IFDDC and the City of Idaho Falls. The motion carried by the following vote: Aye - Councilors Hally, Francis, Radford, Dingman, Freeman. Nay - none. 3) Parking Management Agreement between IF-1, LLC and the City of Idaho Falls for The Broadway parking garage. Per Councilor Francis, Director Cramer stated IF-1 has previously subcontracted with IFDDC for enforcement, which can continue if agreeable to the IFDDC. It was moved by Councilor Francis, seconded by Council President Ziel-Dingman, to approve the Parking Management Agreement between IF-1, LLC and the City of Idaho Falls. The motion carried by the following vote: Aye - Councilors Freeman, Radford, Francis, Dingman, Hally. Nay - none. 4) Resolution to update the map of properties eligible for the waiver of electric line extension fees. Director Cramer appeared. He stated this is one of the tools the city offered as an incentive to develop infill properties, noting a map was included in the 2018 resolution. He also stated the resolution indicated a yearly review would occur with the map, noting there was no reason to previously adjust Page 4 of 11 City Council Meeting Minutes - Final September 8, 2022 the map, however, due to the closure of urban renewal districts and a development shift, it was determined some areas should be added to and subtracted from the map. Director Cramer indicated the area near north of Anderson Street, which is being added to the map, is not easy to develop due to rock in the area. Per Councilor Radford, Director Cramer does not believe much development will be happening south on South Yellowstone Highway. Per Councilor Francis, Director Cramer confirmed the new map includes the parcel that was discussed at the September 6 City Council Work Session, and this would count toward their application; and this area is going through an urban renewal district process. Councilor Francis believes the recitals in the resolution are useful moving forward. It was moved by Councilor Francis, seconded by Council President Ziel-Dingman, to approve the resolution allowing consideration of waiver or adjustment of electric line extension fee up to fifty percent (50%) of the Idaho Falls Power labor portion of the fee and updating the map of eligible properties. The motion carried by the following vote: Aye - Councilors Hally, Radford, Francis, Dingman, Freeman. Nay - none. RESOLUTION NO. 2022-27 A RESOLUTION OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, IDENTIFYING GEOGRAPHICAL AREAS WITHIN CITY LIMITS WHICH ARE ELIGIBLE FOR CONSIDERATION FOR ELECTRIC LINE EXTENSION FEE WAIVER BY THE COUNCIL; AND PROVIDING THAT THE RESOLUTION BE EFFECTIVE UPON IT PASSAGE, APPROVAL AND PUBLICATION ACCORDING TO LAW. 5) Final Plat Extension for Providence Point Division 1, 1st Amended. Director Cramer appeared. He stated there are time limitations for recording an approved plat. He explained the delays for recording. Councilor Francis noted there are no changes to the subdivision ordinance or the plat. It was moved by Councilor Francis, seconded by Council President Ziel-Dingman, to approve the extension to November 30, 2022, for the Final Plat for Providence point Division 1, 1st Amended. The motion carried by the following vote: Aye - Councilors Francis, Dingman, Freeman, Hally, Radford. Nay - none. 6) Legislative Public Hearing-Part 1 of 2 of the Annexation and Initial Zoning-Annexation Ordinance and Reasoned Statement of Relevant Criteria and Standards for 5.889 acres of Part of the South ½ of Section 30, Township 2 North, Range 38 East. Mayor Casper opened the public hearing and ordered all items presented be entered into the record. She requested applicant presentation. Brad Brown appeared via WebEx. He stated his family owns the adjacent property and they are under contract for other pieces and, per conversation with city staff, that access points must be spaced out for safety and fire issues to have a safe access across the development. He also stated he’s following through with the IFFD recommendation. He believes this will be a great addition to the city on the north end. Mayor Casper requested staff presentation. Director Cramer appeared. He presented the following: Page 5 of 11 City Council Meeting Minutes - Final September 8, 2022 Slide 1 - Property under consideration Director Cramer reiterated the same ownership. He stated the access points are relevant as 65th N will at some point become a main arterial, therefore, the city is trying to get as much space between Ender Lane and Glen Abby Circle to allow access points to the development as the spacing is important. He also stated the requested zoning matches the existing zone to the east. He identified additional surrounding zones. Slide 2 - Comprehensive Plan Future Land Use Map Director Cramer stated this area is shown as General Urban which is intended to have a mix of housing types. Slide 3 - Aerial photo of property under consideration Director Cramer stated the property is currently undeveloped. He identified the surrounding areas. Slide 4 - Additional aerial photo of property under consideration Slide 5 - Airport Overlay map Director Cramer stated this will area will encompass two different airport zones, noting there would be no major restrictions on residential development. Slide 6 - Photo looking from northeast from 65th N Per Councilor Francis, Director Cramer confirmed the entire road will be annexed. Mayor Casper requested any public comment. No one appeared. Mayor Casper closed the public hearing. Councilor Francis stated this is a Category A annexation. He believes this makes the access and development of the two parcels feasible. He noted this area is slightly outside the Area of Impact. It was moved by Councilor Francis, seconded by Council President Ziel-Dingman, to approve the ordinance annexing 5.889 acres of part of the South ½ of Section 30, 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 - Councilors Freeman, Francis, Hally, Radford, Dingman. Nay - none. At the request of Mayor Casper, the City Clerk read the ordinance by title only: ORDINANCE NO. 3480 AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO; PROVIDING FOR THE ANNEXATION OF APPROXIMATELY 5.889 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 Francis, seconded by Council President Ziel-Dingman, to approve the Reasoned Statement of Relevant Criteria and Standards for the annexation of 5.889 acres of part of the Page 6 of 11 City Council Meeting Minutes - Final September 8, 2022 South ½ of Section 30, Township 2 North, Range 38 East and give authorization for the Mayor to execute the necessary documents. The motion carried by the following vote: Aye - Councilors Dingman, Radford, Francis, Hally, Freeman. Nay - none. 7) Legislative Public Hearing-Part 2 of 2 of the Annexation and Initial Zoning of R2, Mixed Residential with Approach Surface and Controlled Development Approach Surface Airport Overlay Zones, Initial Zoning Ordinance and Reasoned Statement of Relevant Criteria and Standards, 5.889 acres of Part of the South ½ of Section 30, Township 2 North, Range 38 East. It was moved by Councilor Francis, seconded by Council President Ziel-Dingman, to assign a Comprehensive Plan Designation of “General Urban” and approve the ordinance establishing the initial zoning for R2, Mixed Residential with Approach Surface and Controlled Development Approach Surface Airport Overlay Zones 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 - Councilors Radford, Freeman, Francis, Dingman, Hally. Nay - none. At the request of Mayor Casper, the City Clerk read the ordinance by title only: ORDINANCE NO. 3481 AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO; PROVIDING FOR THE INITIAL ZONING OF APPROXIMATELY 5.889 ACRES DESCRIBED IN EXHIBIT A OF THIS ORDINANCE AS R2, MIXED RESIDENTIAL AND APPROACH SURFACE AND CONTROLLED DEVELOPMENT AIRPORT OVERLAY ZONES; AND PROVIDING SEVERABILITY, PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE. It was moved by Councilor Francis, seconded by Council President Ziel-Dingman, to approve the Reasoned Statement of Relevant Criteria and Standards for the Initial Zoning of R2, Mixed Residential with Approach Surface and Controlled Development Approach Surface Airport Overlay Zones, and give authorization for the Mayor to execute the necessary documents. The motion carried by the following vote: Aye - Councilors Hally, Dingman, Freeman, Francis, Radford. Nay - none. 8) Quasi-judicial Public Hearing-Rezone from R1, Single Dwelling Residential to R3, Multiple Dwelling Residential, Zoning Ordinance and Reasoned Statement of Relevant Criteria and Standards for approximately 34.871 acres in the SW ¼ of Section 6, Township 2 North, Range 38 East. Mayor Casper opened the public hearing and ordered all items presented be entered into the record. She requested applicant presentation. Kurt Rolland, Eagle Rock Engineering and representative of the developer, appeared. He identified the location as N 5th W and W 33rd N. He stated the request is to rezone the property from R1 to R3. He also stated this property is approximately 35 acres, noting the existing zones surrounding the property are R3A and R3. He believes this would be a good addition as the other area is R3. He identified the county zoning to the north. Mayor Casper requested staff presentation. Page 7 of 11 City Council Meeting Minutes - Final September 8, 2022 Director Cramer appeared. He presented the following: Slide 1 - Property under consideration Director Cramer reiterated the request to rezone to R3. Slide 2 - Comprehensive Plan Future Land Use Map Director Cramer stated this area is designated as General Urban which is meant to be mostly residential in nature although supportive services could be higher intensity and density than Suburban. He noted the two different designations against each other and either zone or other zones could be appropriate. He identified other General Urban and Special Use designations in the area. Slide 3 - Aerial photo of property under consideration Director Cramer stated the property is currently undeveloped although there are large lot residential developments around the property. He also stated the undeveloped land to the immediate west is owned by the Idaho Falls Regional Airport (IDA). Slide 4 - Additional aerial photo of property under consideration Director Cramer identified the church and residential uses. He noted the intersection at 33rd N and 5th W is an intersection of future major and future minor arterial roads and is an area where one would find higher density housing. Slide 5 - Airport Overlay map Director Cramer stated the Airport Overlay Zone already exists on the property and would remain in place. He also stated residential development would be allowed with height restriction in certain areas. Slide 6 - Photo looking east from N 5th W Director Cramer stated the property is being used for agricultural uses. Slide 7 - Photo looking north along N 5th W Slide 8 - Photo looking south along N 5th W Slide 9 - Criteria for Rezoning, Section 11-6-5(I) of Zoning Ordinance Director Cramer noted P&Z approved the rezone by 3-2. He stated the city typically is looking at consistency with the Comprehensive Plan, and the potential for traffic congestion as a result of changing land use. He also stated the city is not looking to see if there is a need to widen streets or an increase in traffic that the city would automatically not rezone the property, as the city is looking for if these are improvements that would be required that would not be feasible. He believes the current street will need to be improved as development happens and there are plans to do that. He explained other criteria, including the potential for exceeding the capacity of existing public services, the potential for nuisances or health and safety hazards, and recent changes in land use on adjoining parcels or in the neighborhood of the proposed zoning map amendment. Councilor Radford questioned a study being included into the record. Mr. Kirkham explained the quasi judicial hearing, noting staff would introduce an item into the record, and it’s unusual that the board would introduce its own materials into the record as the quasi judicial body is weighing the facts of the law. Councilor Radford questioned the correct time to introduce information for the public. Mr. Kirkham suggested Councilor Radford meet with legal staff. Per Councilor Francis, Director Cramer confirmed directly to the west across 5th W is Page 8 of 11 City Council Meeting Minutes - Final September 8, 2022 currently R3A. Councilor Francis questioned the type of commercial development in R3A. Director Cramer stated R3A is predominantly a residential zone although it introduces light commercial, office uses, and professional office-type development. He also stated this is defined in the zoning ordinance as limited, noting a restaurant could have a maximum square footage of 3,000, although office uses are not limited and are appropriate in the R3A, and food stores are not allowed. Mayor Casper requested any public comment. Paul Johnson, current owner of the property under contract with the developer, appeared via WebEx. He stated the property was zoned R1 upon annexation in 2005, and he is unsure if the city’s Comp Plan existed at that time. He believes the R1 was the natural zone. Mr. Johnson stated there is a parcel east of the property that has been used as landfill, the northeast has been used as landfill, there’s R3A to the west, and the airport landing strip restricts development to the west. He believes it makes sense for R3 as other adjacent land could never be developed, R3 wouldn’t create congestion because that surrounding land can’t be developed, and it’s a natural zone. Galen Williams, appeared. He stated he has been farming in this area for approximately 35 years, and he expressed his concern as the city grows and annexes into the county. He stated this property, except for the church, is surrounded by either the Willowcreek canal or laterals off the canal, and he wants to protect the integrity of the farming that stays in the area. He believes the development has no effect on the waterways that are servicing the rest of that ground. Mr. Williams stated there is a major check on the end of Willowcreek. He identified the check and the canal on the map provided which eventually co-mingles with the city well, noting the ditches eventually end up in the Snake River. He stated the water is continuously fluctuating in Willowcreek, and if storms or sudden surges occur above, that’s where it ends. He believes the ditches are included in the property boundaries, therefore, if this is zoned R3 which is more dense housing, he indicated these are now all open ditches which fluctuates a lot, noting this property is a neighbor to the landfill. He stated all debris blows out of the landfill, and the ditches are the natural collection points. Mr. Williams questioned if the ditches will be covered or piped. He expressed his concern for the water system, noting the water from Willowcreek is not only servicing the property, it’s also draining farther up. He indicated houses have already been flooded. He believes someone needs to be responsible for the water with all the houses and all the people. Mr. Williams stated Idaho Code has defended the farmers regarding the water, noting this property is totally encased with irrigation water with the exception of the back lawn of the church. Mike Marshall, neighbor to Mr. Johnson, appeared. He realizes because of the landfill to the north and east, this area will not be attractive for R1. He expressed his concern for Mr. Williams’ comments regarding the ditch as he also uses the water. He believes it’s okay to annex although he questioned who is looking at the widening of the roads. He believes this is putting in high density. Mr. Marshall stated 33rd N handles the traffic but it is dangerous and will need major stuff done. He believes there will be impact in this area. He questioned if more people and houses will be allowed to be stacked or will something happen that fixes the problem before we get into the problem. Mr. Marshall believes R3 gives people license to build big high density. He does not believe there is a lot of control for the number of units. He also expressed his concern for the traffic on the road, stating one must live there to experience it. He is hopeful the city will look at how to make this area walkable, stating it’s difficult to walk or bike along N 5th W. Mr. Marshall stated he is not against R3. He reiterated the traffic needs to be looked at. Page 9 of 11 City Council Meeting Minutes - Final September 8, 2022 Tami Johnson, co-owner of the property, appeared via WebEx. She questioned the flooding and control of water as she believes this could be a problem. She questioned a conditional R3 with only so many in the area, realizing the INL (Idaho National Laboratory) is in this area. She indicated this is a small piece of property that will not be developed near the Snake River and because of the airport. Ms. Johnson believes infrastructure will be needed for any development in the city. Kurt Rolland reappeared. Councilor Francis questioned the traffic. Mr. Kirkham indicated it’s early to discuss traffic issues. He stated this is a rezone and the focus should be on the comprehensive plan with any decisions made are per the comprehensive plan. Councilor Francis pointed out the criteria standards as presented by Director Cramer. Mr. Rolland stated a traffic study is currently being performed on both parcels, noting no answers can be provided until the traffic study is complete. Per Mayor Casper, Director Cramer stated the types of roads should be looked at which serve the system in the immediate area, which would relate to any zone. He also stated there are general city plans to widen those roads, which includes a typical section which will not change regardless of the zone. He indicated, with development, a traffic study will occur and those things warranted because of the development will be built at the time of development with the impact fees specific to the immediate needs based on the development’s impact, regardless of which zone. Director Cramer stated impact fees are based on the number of dwelling units, noting R3 would have more units with more funds and more impact. Per Councilor Francis, Director Cramer stated the entire 5th W was not annexed, noting there are patches of this road annexation to the south. Councilor Francis questioned R3 versus R3A as he believes R3A offers more walkability services. Mr. Roland does not believe there are plans for retail or professional offices, there are only plans for multi-family residential. He also reiterated the impact fees will assist with the infrastructure and the roads. He also stated, per Idaho State Law, flow in the ditches cannot be restricted, and plats must include easements to maintain the ditches. Mayor Casper closed the public hearing. Councilor Francis stated things have changed since 2005 so a change makes sense including being more efficient with land use, noting the land is already annexed. He believes these developments offer more efficient land use and the arterials and collectors get developed in ways that are useful to the whole community when development happens, noting the impact fees will help advance this. Councilor Francis stated he supports the rezone. Councilor Hally realizes East River Road is becoming more congested, although, he believes the bridge over the canal will help reduce the development and the traffic in the entire area. Councilor Freeman does not believe overcrowding will be an issue because he does not believe development will not occur to the north and the northeast due to the landfill. He also believes these two roads are destined to be major arterials, not collectors. He agrees the development will help with the roads. Councilor Francis noted due to other restrictions, the maximum density of R3 couldn’t be allowed. It was moved by Councilor Francis, seconded by Council President Ziel-Dingman, to approve the ordinance rezoning approximately 34.871 acres in the SW ¼ of Section 6, Township 2 North, Range 38 East from R1 to R3, 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 Hally, Radford, Dingman, Freeman, Francis. Nay - none. At the request of Mayor Casper, the City Clerk read the ordinance by title only: Page 10 of 11 City Council Meeting Minutes - Final September 8, 2022 ORDINANCE NO. 3482 AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO; PROVIDING FOR THE REZONING OF APPROXIMATELY 34.871 ACRES, SOUTHWEST QUARTER OF SECTION 6, TOWNSHIP 2 NORTH, RANGE 38 EAST, AS DESCRIBED IN SECTION 1 OF THIS ORDINANCE FROM R1, SINGLE DWELLING RESIDENTIAL TO R3, MULTIPLE DWELLING RESIDENTIAL, AND PROVIDING SEVERABILITY, PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE. It was moved by Councilor Francis, seconded by Council President Ziel-Dingman, to approve the Reasoned Statement of Relevant Criteria and Standards for the Rezone from R1 to R3 and give authorization for the Mayor to execute the necessary documents. The motion carried by the following vote: Aye - Councilors Dingman, Francis, Freeman, Hally, Radford. Nay - none. 6. Announcements. Mayor Casper announced the Heroes Defense Fundraiser Dinner in commemoration of 911, and the Idaho Falls Symphony free symphony in the park on September 10; City Club on September 14; the Emotion Bowl on September 23; and the Fire Prevention Block Party on September 29. Councilor Radford announced dueling pianos at the zoo on September 9. Councilor Hally recognized the passing of Queen Elizabeth, stating she’s been a legacy for 70 years. 7. Adjournment. There being no further business, the meeting adjourned at 9:48 p.m. s/ Kathy Hampton __________________________________ s/ Rebecca L. Noah Casper ____________________________________ Kathy Hampton, City Clerk Rebecca L. Noah Casper, Mayor Page 11 of 11