City Council

680 Park Avenue City Council Meeting Idaho Falls, ID 83402 Minutes - Final Thursday, September 22, 2022 7:30 PM City Council Chambers 1. Call to Order. Present: Council President Michelle Ziel-Dingman, Councilor Thomas Hally, Councilor Jim Freeman, Councilor Jim Francis, and Councilor Lisa Burtenshaw Absent: Mayor Rebecca L Noah Casper, and Councilor John Radford Also present: All available Department Directors Randy Fife, City Attorney Kathy Hampton, City Clerk 2. Pledge of Allegiance. Council President Dingman led those present in the Pledge of Allegiance. 3. Public Comment. No one appeared. 4. Consent Agenda. A. Airport 1) Approval of Planning Phase for Air Traffic Control Tower Siting B. Public Works 1) Bid Award - South Boulevard and 17th Street Culvert 2) Bid Award - Sewer Line Rehabilitation 2023 C. Municipal Services 1) Comprehensive Annual Financial Audit Services for Fiscal Year Ending September 30, 2022 2) Minutes from Council Meetings 3) License Applications, all carrying the required approvals Page 1 of 9 City Council Meeting Minutes - Final September 22, 2022 Action Item: It was moved by Councilor Burtenshaw, 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 Freeman, Burtenshaw, Francis, Dingman, Hally. Nay- None. 5. Regular Agenda. A. Municipal Services 1) Bid IF-22-18, Purchase Polymer System for Public Works Municipal Services Director Pamela Alexander appeared. She stated the following three items relate to the Wastewater Treatment Plant (WWTP) project. It was moved by Councilor Burtenshaw, seconded by Councilor Freeman, to accept and approve the bid received from the lowest responsive and responsible bidder, UGSI Chemical Feed for a total of $570,250.00 The motion carried by the following vote: Aye - Councilors Hally, Francis, Dingman, Burtenshaw, Freeman. Nay- None. 2) Bid IF-22-19, Purchase Dewatering Equipment for Public Works Councilor Francis explained this project has been discussed for some time. Council President Dingman noted the council meets as a utility board. It was moved by Councilor Burtenshaw, seconded by Councilor Freeman, to accept and approve the lowest responsive, responsible bidder FKS Company in the amount of $1,415,330.00. The motion carried by the following vote: Aye - Councilors Francis, Dingman, Freeman, Hally, Burtenshaw. Nay- None. 3) Bid IF-22-20, Purchase Digester Pump Mix System for Public Works Council President Dingman believes the delivery time is expected in March. It was moved by Councilor Burtenshaw, seconded by Councilor Francis, to accept and approve the lowest responsive, responsible bidder TC Sales & Service in the amount of $184,400.00 . The motion carried by the following vote: Aye - Councilors Freeman, Francis, Hally, Burtenshaw, Dingman. Nay- None. B. Public Works 1) Authorizing Resolution with Idaho Department of Environmental Quality (IDEQ) for a Wastewater Facility Planning Grant. Public Works Director Chris Fredericksen appeared. He stated the Wastewater Facility Plan is the guiding document. Per Councilor Hally, Director Fredericksen stated the grant will pay approximately half of the cost. Councilor Hally stated there are millions of dollars spent on the Wastewater Facility Plan in the next ten years, noting there is good capacity for growth. Page 2 of 9 City Council Meeting Minutes - Final September 22, 2022 It was moved by Councilor Hally, seconded by Councilor Burtenshaw, to approve the Authorizing Resolution for IDEQ in Support of a Wastewater Facility Planning Grant and to provide authorization for Mayor and City Clerk to sign all documents relating to the wastewater project . The motion carried by the following vote: Aye - Councilors Dingman, Francis, Burtenshaw, Hally, Freeman. Nay- None. RESOLUTION NO. 2022-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IDAHO FALLS AUTHORIZING THE MAYOR TO SIGN ALL APPLICATIONS, FUNDING AGREEMENTS, AND OTHER DOCUMENTS RELATING TO WASTEWATER PROJECT (PROJECT). 2) Local Highway Technical Assistance Council (LHTAC) Agreement for the 2022 Children Pedestrian Safety Program Project. Director Fredericksen appeared. He stated this grant provides zero match. He explained the locations of the sidewalks and the improvements. Per Councilor Francis, Director Fredericksen confirmed the school sidewalks will be completed first. Per Councilor Hally, Director Fredericksen believes the pathway is utilized by children and recreational in general, and this pathway is intended to surround Tautphaus Park. Council President Dingman believes these sidewalks will be a huge benefit to the community. Councilor Hally stated the council has been steadfast to improve safe crossings for school children. It was moved by Councilor Hally, seconded by Councilor Burtenshaw, to approve the agreement with LHTAC for the Children Pedestrian Safety project and authorize the Mayor and City Clerk to sign the documents . The motion carried by the following vote: Aye - Councilors Freeman, Burtenshaw, Francis, Dingman, Hally. Nay- None. 3) Resolution - Adopting an Amended Engineering Design Policy Manual (EDPM) Director Fredericksen appeared. He explained the major changes which include changing copper line to poly lines, and developers will begin to install meters in the water pits. Councilor Burtenshaw clarified the water meters will not be activated this time. Director Fredericksen indicated the data collected in these water meters will be useful. It was moved by Councilor Burtenshaw, seconded by Councilor Hally, to approve the resolution adopting an amended EDPM and provide authorization for Mayor and City Clerk to sign the document . The motion carried by the following vote: Aye - Councilors Hally, Burtenshaw, Dingman, Freeman, Francis. Nay- None. RESOLUTION NO. 2022-29 A RESOLUTION OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, ADOPTING AN AMENDED ENGINEERING DESIGN POLICY MANUAL, FOR USE BY IDAHO FALLS PUBLIC WORKS AND OTHERS AS DESIGN STANDARDS IN THE CITY; AND PROVIDING THAT THIS RESOLUTION BE EFFECTIVE UPON ITS PASSAGE, APPROVAL, AND PUBLICATION ACCORDING TO LAW. 4) Resolution - Adopting Revised Amendments to the 2020 Edition of the Idaho Standards for Public Works Construction (ISPWC) Director Fredericksen appeared. He stated these changes are primarily related to the previous Page 3 of 9 City Council Meeting Minutes - Final September 22, 2022 proposed changes in the EDPM. It was moved by Councilor Burtenshaw, seconded by Councilor Hally, to approval of the resolution adopting revised amendments to the 2020 edition of the ISPWC and authorization for Mayor and City Clerk to sign the document. The motion carried by the following vote: Aye - Councilors Burtenshaw, Hally, Dingman, Freeman, Francis. Nay- None. RESOLUTION NO. 2022-30 A RESOLUTION OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, ADOPTING REVISED AMENDMENTS TO THE 2020 EDITION OF THE IDAHO STANDARDS FOR PUBLIC WORKS CONSTRUCTION FOR USE BY IDAHO FALLS PUBLIC WORKS AND OTHERS AS CONSTRUCTION STANDARDS IN THE CITY; AND PROVIDING THAT THIS RESOLUTION BE EFFECTIVE UPON ITS PASSAGE, APPROVAL, AND PUBLICATION ACCORDING TO LAW. C. Community Development Services 1) Final Plat, Development Agreement, and Reasoned Statement of Relevant Criteria and Standards, Caribou Crossing Townhomes. Councilor Burtenshaw identified the location of the Caribou Crossing Townhomes, stating these townhomes will connect to the neighborhood. It was moved by Councilor Burtenshaw, seconded by Councilor Francis, to approve the Development Agreement for the Final Plat for Caribou Crossing Townhomes and give authorization for the Mayor and City Clerk to sign said agreement. The motion carried by the following vote: Aye - Councilors Dingman, Burtenshaw, Francis, Freeman, Hally. Nay- None It was moved by Councilor Burtenshaw, seconded by Councilor Francis, to Accept the Final Plat for Caribou Crossing 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 Francis, Dingman, Freeman, Hally, Burtenshaw. Nay - None. It was moved by Councilor Burtenshaw, seconded by Councilor Francis, to Approve the Reasoned Statement of Relevant Criteria and Standards for the Final Plat for Caribou Crossing Townhomes and give authorization for the Mayor to execute the necessary documents. The motion carried by the following vote: Aye - Councilors Burtenshaw, Hally, Dingman, Freeman, Francis. Nay- None. 2) Resolution approving the Eligibility Report for the Anderson Bush Urban Renewal District Community Development Services Director Brad Cramer appeared as his role with the Idaho Falls Redevelopment Agency (IFRdA). He recognized the consultant, Renee Magee. He noted the project is on a smaller portion of the boundary, and these are usually larger projects as funds cannot be spent outside of a boundary. Ms. Magee then presented the following: Slide 1 - Property under consideration Ms. Magee explained the boundary. She stated Bush Elementary, the LDS Food Distribution Center, and approximately 24 vacant acres are within the study area. Page 4 of 9 City Council Meeting Minutes - Final September 22, 2022 Slide 2 - Purpose of eligibility study Ms. Magee stated Idaho statues lists 14 criteria. Slide 3 - Findings Ms. Magee stated the study area does meet one or more of the criteria. She noted the finding does not commit to include any or all portions of the study area in an urban renewal area. Slide 4 - Conditions in the study area Ms. Magee stated the primary reason of eligibility is the topography of the area, which is characterized by wide-spread basalt. She also noted there is a significant change of elevation on the parcel. Slide 5 - Conditions in the study area (continued) Ms. Magee explained the surface terrain elevations. Slide 6 - Conditions in the study area (continued) Ms. Magee stated Science Center Drive is a principle arterial street where driveways are limited. She also stated there is no street passing through 41 acres to provide access to the northern portion of the study area, noting the access was substantially reduced in the late 1960’s. She indicated this area has become difficult to develop. Slide 7 - Study area Ms. Magee presented the 1964 aerial photo prior to the interchange construction. She stated the 20-acre parcel was a piece of a larger farm with the remainder of the area being basalt, noting the two remaining parcels were reduced which is undeveloped by today’s standards. She also stated the interchange reduced accessibility of this area to the portions of the city that were left, and there is no direct route to the south or to the east and it has become isolated. Slide 8 - Ms. Magee reviewed the 8 of the 14 criteria that applies to this area. She described the criteria, stating the remaining 56% of study area is vacant, and has not developed in approximately 60 years since the interchange or in 40 years since annexation. She also stated the interchange configuration and basalt has strangled any use of the property, which the IFRdA agreed. Per Councilor Hally, Ms. Magee stated the eligibility study has cost approximately $2,000 which has been paid for by the developer. She noted there are additional costs for legal, review, and consultation. Councilor Burtenshaw questioned a school in the Urban Renewal District. Ms. Magee stated schools are protected and continues to receive their tax levy, noting IFRdA could provide public improvements toward the end of the Urban Renewal District. It was moved by Councilor Burtenshaw, seconded by Councilor Francis, to approve the Resolution approving the Eligibility Report for the Anderson Bush Urban Renewal District and give authorization for the Mayor and City Clerk to execute the necessary documents. The motion carried by the following vote: Aye -Councilors Hally, Francis, Dingman, Burtenshaw, Freeman. Nay- None. RESOLUTION NO. 2022-31 Page 5 of 9 City Council Meeting Minutes - Final September 22, 2022 A RESOLUTION OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, DETERMINING A CERTAIN AREA WITHIN THE CITY TO BE A DETERIORATED AREA AND/OR A DETERIORATING AREA AS DEFINED BY IDAHO CODE SECTIONS 50-2018(8), (9) AND 50-2903(8); DIRECTING THE URBAN RENEWAL AGENCY OF THE CITY OF IDAHO FALLS, ALSO KNOWN AS THE IDAHO FALLS REDEVELOPMENT AGENCY, TO COMMENCE THE PREPARATION OF AN URBAN RENEWAL PLAN SUBJECT TO CERTAIN CONDITIONS, WHICH PLAN MAY INCLUDE REVENUE ALLOCATION PROVISIONS FOR ALL OR PART OF THE AREA; AND PROVIDING THAT THIS RESOLUTION BE EFFECTIVE UPON ITS PASSAGE, APPROVAL, AND PUBLICATION ACCORDING TO LAW. 3) Electric Line Extension Fee Waiver Request for Black Feather Apartments Director Cramer appeared. He stated this request is for the same area as previously discussed. He explained the fee waiver was to encourage infill development where infrastructure already exists, and over time, the scope for requested fees was narrowed. He also stated the request has been coordinated with Idaho Falls Power (IFP). Council President Dingman stated the council recently discussed this project. Councilor Francis noted the council supports affordable housing which should help the developer with a grant. Councilor Burtenshaw believes the waiver is close to a guarantee. It was moved by Councilor Burtenshaw, seconded by Councilor Francis, to approve the request to waive $26,560 of the estimated electric line extension fees for the Black Feather Apartments project . The motion carried by the following vote: Aye - Councilors Hally, Francis, Dingman, Burtenshaw, Freeman. Nay- None. 4) Quasi-Judicial Public Hearing-Request for Reconsideration of the decision to deny the application for rezoning from R2, Mixed Residential to R3, Multiple Dwelling Residential for the property located at 1315 Presto Street. Council President Dingman explained the Local Land Use Planning Act (LLUPA) request, stating the request must identify any specific deficiencies that were made, the council must examine any alleged deficiencies, and determine whether the prior decision should stand, be reversed, or be modified. She reminded the council that the request for consideration should be based on the record and facts that were previously presented to council, stating the council may remand the decision back to a public hearing to allow additional information to be included in the record in compliance with the LLUPA. Councilor President Dingman then opened the reconsideration and requested the applicants address the council. Councilor Francis stated he had a conversation/discussion with an engineer immediately following the August 11, 2022, City Council Meeting, although, since that time he has had no conversation, and that conversation would not affect his decision. Aubrey Carlsen, Angelo Development, appeared. She read the following justification/reason for appeal: As per lmaginelF (IIF), this area is designated Urban Core which out of all the comprehensive plan transect designations exhibits the highest land use intensity, has the most mixed use, generates the highest average tax revenue per acre, boasts the most built infrastructure and has the highest service level and density of amenities (IIF, p. 72). It is further characterized by "...taller structures, mixed-use buildings, pedestrian-oriented movement of people, [and] commercial and entertainment enterprises’’ (IIF, p. 68). We believe that according to the comprehensive plan vision, and given the location of the land and its relationship to nearby land uses, that R3 is more significantly aligned with the City's vision and long-term needs than is R2 for the following reasons: Page 6 of 9 City Council Meeting Minutes - Final September 22, 2022 1-lmaginelF identifies the importance of transitioning meaningfully between different transects and land use zones (IIF, p. 104). Rezoning this piece to R3 more effectively achieves this goal by smoothly bridging the land use type and intensity between the TN zone, park, and R2 development to North with the LC zone to the South. Contrastingly, to leave this property zoned R2 neglects to address these comprehensive plan goals (those discussed above, and others addressed below) and inhibits the eventual realization of the City's adopted vision: "The City of Idaho Falls promotes a welcoming, attractive, safe and diverse community. We embrace small town values, big city efficiencies and forward-thinking approaches to provide outstanding services and sustainable economic, social and recreational opportunities for our whole community." (IIF, p. 34) 2-This beautiful stretch of river should remain accessible, as it is now, to as many people within the community as possible. The R2 zoning designation does not allow the highest and best use of the beautiful land along the Snake River, nor does it allow the larger community to more fully benefit from, as the comprehensive plan vision says, "big city efficiencies." This property has many existing pedestrian connections, is close to local highways and freeways, has abundant recreational access and opportunities, is connected to the many amenities of downtown, and is near major employment centers like the INL. Rezoning to R3 enables more design flexibility and added allowable density. R3 zoning has the potential to co-locate more residents next to the existing amenities and infrastructure in this area than R2 thereby more effectively and broadly achieving the City's mission to "provide outstanding services and sustainable economic, social and recreational opportunities" (IIF, p. 181). 3-Building high-quality high-density housing in locations that also have high connectivity for bicyclists and pedestrians - locations such as this - will reduce vehicle trips and congestion issues (IIF, p. 197) now and as the City continues to grow by housing residents close to the areas that they frequently visit. This aligns well with the City's goal to promote and prioritize multimodal transportation methods (IIF, p. 91) as a means of mitigating traffic impacts associated with population growth. Further, the comprehensive plan states that surveyed residents identified a lack of safe and convenient routes as the primary factors preventing them from utilizing walking and biking as regular modes of transportation. As Idaho Falls grows this area is bound to see increased vehicular traffic. Allowing increased residential density in this area will help mitigate future vehicle traffic congestion by enabling more people to live next to the places they visit and work that are already connected via alternative transportation infrastructure. Rezoning the property to an R3 designation will allow more people to make use of the significant investments the City has already made to provide superior bicycle and pedestrian connectivity along the river and into Downtown IF. 4-The comprehensive plan identifies this area as adjacent to the future "innovation district" (IIF p. 168). As this district develops it will prove immensely valuable to have high-quality, high-density housing ready and available to cater to the needs of burgeoning student and employee populations. If this innovation district is to become a walkable center, as is identified within the lmaginelF plan, then increased population and housing density in the immediate vicinity is a necessary contributor to its eventual success and viability. An R3 designation is better suited to generate the density necessary to support a walkable center than is R2. 5-Within the housing section of the comprehensive plan (IIF, starting p. 85) Issue 1, Objective A, Action Page 7 of 9 City Council Meeting Minutes - Final September 22, 2022 3 states that the City will work with developers and builders to "...Identify and remove barriers to the construction of alternative housing types." As evidenced by the dearth of newly developed R2 properties, within the current zoning there is little opportunity for extraordinary creativity. The provisions of this zone are restrictive to developers, both financially and creatively, and are therefore cost prohibitive and inefficient to develop. More specifically, the intent of the zone and the outcomes it is producing are, in this case, misaligned and incongruent with the vision adopted and established in the City's comprehensive plan. An R3 zoning designation will remove several existing creative and financial barriers to allow more design flexibility resulting in the potential to provide better amenities, more open space, and a higher quality overall aesthetic - available to be enjoyed by more of the community than an R2 development could provide for. Page 58 of lmaginelF states that "No neighborhood can be exempt from change" and that "No neighborhood should experience sudden, radical change." This property is located to aid the city and the ongoing effort to generate a more walkable urban environment. Placing R3 between R2 to the north and LC to the south does not present a sudden or radical change. And although an R2 designation meets the general criteria of the comprehensive plan for the reasons mentioned throughout this statement, we feel that an R3 designation is far more aligned with the intent of what the ImagineIF Plan is seeking to achieve within the Urban Core context. Per Councilor Freeman, Ms. Carlsen stated based on their research, the majority of R2 properties were grandfathered in when the new zoning code was adopted in 2018. She believes this may be the only R2 property that has been developed since 2018. She indicated this is a hard zone to work with. Councilor Francis believes Ms. Carlsen quoted a potential action plan, not the context of where the action plan might correct. Ms. Carlsen indicated quotes were taken from the Imagine IF plan. Per Councilor Francis, Ms. Carlsen understands there is an objective that provides a context for the action plan. Council President Dingman recapped the chronological events for this item. Councilor Burtenshaw stated one of her issues, per the Reasoned Statement of Relevant Criteria and Standards, was the streets surrounding this property being service streets but acting as collectors. She believes there are conflicting ideas of what this area should be, noting Higham and Latah are permanently bound by Freeman Park. Recognizing the parcel to the south is zoned LC, Councilor Burtenshaw prefers to hear the maximum capacity in LC property as well as the potential R3 property and what that would do to Higham. Mr. Fife reminded the council that more facts cannot be presented. Council President Dingman quoted the existing street network contained in the Reasoned Statement of Relevant Criteria and Standards. Councilor Burtenshaw believes this could create a lot of potential traffic onto Higham. Director Cramer stated Higham is designated as a local street but functions as a collector primarily because development that may happen to the south has no other access to Fremont, it has to come to Higham. He also stated his point was in reference to the Comprehensive Plan that talks about higher-density housing located near intersections of arterials and collectors. He noted this was a supportive statement from the staff perspective. Director Cramer indicated a network is not a single street. He stated Higham travels east/west and Latah travels north/south, along with another east/west connector which will ultimately connect to Science Center at the signalized intersection, therefore, the existing network, from a staff perspective, is more than adequate to handle the development that could occur in this area. He explained the density, stating R2 allows 17 units per acres, and R3 allows 35 units per acre which doubles the density and has the potential for more traffic, although the existing street network is sufficient. Per Councilor Burtenshaw, Director Cramer stated the development would have direct access to Higham only. Councilor Burtenshaw reiterated this is problematic. Councilor Francis questioned the option to modify. Director Cramer believes the Reasoned Statement of Relevant Criteria Page 8 of 9 City Council Meeting Minutes - Final September 22, 2022 and Standards could be modified. Councilor Francis quoted Imagine IF, including infill development. Council President Dingman believes these concerns could modify the Reasoned Statement of Relevant Criteria and Standards. Councilor Freeman expressed his concern for the street network included in the Reasoned Statement of Relevant Criteria and Standards. He indicated Higham only goes one direction, which may need to be removed from the Reasoned Statement of Relevant Criteria and Standards. He believes this is inconsistent with the character of the neighborhood. Brief discussion followed regarding the Reasoned Statement of Relevant Criteria and Standards. It was then moved by Councilor Francis, seconded by Councilor Burtenshaw, to affirm with a modification of the Relevant Criteria and Standards statement to remove statement 6 and remove ‘map’ from statement 5 and the City Council denies the rezone from R2 to R3. The motion carried with the following vote: Aye – Councilors Francis, Freeman, Hally, Burtenshaw, Dingman. Nay – none. 6. Announcements. Council President Dingman recognized the retirement of the City Clerk, stating this will be Ms. Hampton’s last Council Meeting. 7. Adjournment. There being no further business, the meeting adjourned at 8:44 p.m. s/ Kathy Hampton s/ Rebecca L. Noah Casper _____________________________________ _______________________________________ Kathy Hampton, City Clerk Rebecca L. Noah Casper, Mayor Page 9 of 9