City Council

680 Park Avenue City Council Meeting Idaho Falls, ID 83402 Minutes Thursday, October 27, 2022 7:30 PM City Council Chambers 1. Call to Order Present: Mayor Rebecca L Noah Casper, Council President Michelle Ziel-Dingman, Councilor Radford, Councilor Hally, Councilor Freeman, Councilor Francis; and Councilor Burtenshaw Also present: All available Department Directors Randy Fife, City Attorney Jasmine Marroquin, Deputy City Clerk 2. Pledge of Allegiance Mayor Casper led those present in the Pledge of Allegiance. Mayor Casper directed some order changes to the agenda due to continued software glitches. Mayor Casper added (D) Municipal Services and renumbered the items following Municipal Services. 3. Public Comment No one appeared for public comment. 4. Consent Agenda A. Airport 1) Approval of Replacement Chiller for Airport Terminal B. Idaho Falls Power 1) IF 20-06 Additional Spending on Overhead Fiber Project C. Public Works 1) Minutes from Annual Meeting of Public Works Department Utilities D. Municipal Services 1) IF- 23-A Purchase Replacement Vactor Truck for Public Works 2) IF-23-02 Purchase Road Salt for Public Works 3) License Applications Page 1 of 17 City Council Meeting Minutes October, 27 2022 It was moved by president Ziel -Dingman, seconded by Councilor Radford 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 Hally, Burtenshaw, Dingman, Freeman, Francis, Radford. Nay - None 5. Regular Agenda A. Fire Department 1) Sole Source Purchase of Motorola Portable Radios Chief Dwayne Nelson presented the sole source purchase of 12 Motorola Radios. These are the same radio that was purchased a year ago for portable use for fire fighters for purposes of communication on the fire ground or EMS Calls, including wild land calls. Chief Nelson stated that the enhanced features of this radio are the type they have gone to for all personnel. Chief Nelson is asking for a sole source purchase of 12 radios using monies from this fiscal year’s budget. Chief Nelson stated that because of the Safer Grant Award, which was contingent upon that budge item, they are getting prepared to hire twelve new hires and these radios would be for them. They are doing testing this Saturday. Freeman stated that the radios are compatible with the current radios and that is why they need the sole source purchase because other radios wouldn’t work with the current radios, and they need to buy the same radios to keep radios compatible. It was moved by Councilor Freeman, seconded by Councilor President Dingman to Declare the MOTOROLA Solutions as the only vendor for the firefighter radios that are reasonably available because the compatibility of these firefighter radios with the City’s existing system, components, accessories, and equipment is the paramount consideration for this purchase and approve a purchase of the firefighter radios in the amount of $108,237.36 for 12 firefighters. The motion carried by the following vote: Aye – Burtenshaw, Hally, Radford, Dingman, Freeman, Francis. Nay – None 2) Bonneville County Ambulance Service Agreement Chief Nelson presented a contract with Bonneville County EMS District in the amount of $3,094,660.00. Spread across 12 months at a 3.5% increase from last year’s contract to continue to provide EMS services to the residents of Bonneville County. It was moved by Councilor Freeman, seconded by Councilor President Dingman to Approve the Ambulance Service Agreement between the City and Bonneville County and give authorization for the Mayor and Deputy City Clerk to sign necessary documents The motion carried by the following vote: Aye- Hally, Burtenshaw, Dingman, Freeman, Radford, Francis. Nay – None B. Municipal Services 1) Public Hearing for Exchange of City Property Mayor Casper opened the public hearing. Mayor Casper explained that law requires that when they seek to do an exchange when there is not an arm’s length transaction using dollars it requires a hearing. Director Pam Alexander asked for the presentation to be pulled up identified as Agenda Item 5(B)(1). Director Alexander testified that they did a review on this item at the work session on October 11. Page 2 of 17 City Council Meeting Minutes October, 27 2022 Director Alexander indicated that they were approached by a person to do an exchange of the property at the Intermountain Business and Technical Park. Director Alexander presented 2.56 acres that was acquired for an operation of a storm pond and the developers approached the City to exchange the property of same size and volume and if approved it would alter the existing storm pond. Director Alexander stated that there is a process for City owned property and they went through Idaho Code as well as public notification published 2 Sundays in a row, October 16 and 23. No one appeared in support or opposition. Mayor Casper closed the public hearing. President Dingman presented that this is an interesting exchange and thinks that the property to be traded doesn’t have any real value or necessity for the City and has been underutilized. President Dingman believes it makes sense for both sides of the ownership to create continuity. It was moved by Councilor President Dingman, seconded by Councilor Francis to declare Council’s intent to exchange the City property with Teton Communications, Inc. without any monetary exchange and direct City staff to create the necessary documents to exchange the properties and authorize the Mayor to execute the exchange. The motion carried by the following vote: Aye – Councilors Hally, Francis, Radford, Dingman, Burtenshaw, Freeman. Nay. None. 2) Approval to Write-Off Unpaid Utility Service Accounts Director Pam Alexander asked for item 5(B)(2). Director Alexander stated that they go through each year and identify unpaid accounts that are uncollectable pursuant to their write-off policy that includes, Bankruptcy, deceased with no known estate, exhaustive collection, incarceration. Director Alexander stated that this year’s request is for a total of 882 utility service accounts that are uncollectable based on bankruptcy, deceased, incarcerated, collections exhausted. Director Alexander stated the total write- off is $355,819.81 for the calendar years 2017, 2018, 2019, 2020, 2021. Director Alexander showed a graph that explains the higher dollar amount for this write-off, due to the incorporation of extra years due to the identification of several accounts that met the requirements for write-off. Alexander showed the write-off summaries for 2015, 2016, 2017. Director Alexander stated that prior to 2016 there wasn’t a formal write-off policy. Alexander showed how the utility service accounts have grown over the years which is a good representation. Director Alexander showed 2009 had the highest year for write-offs at $430,265 and the lowest year was $219,000, so there have been improvements over the last years. Director Alexander stated that the formal write-off policy allows them to show why things are being written off. Director Alexander stated that an average 3-year period of 2015, 2016, 2017 the program revenue averaged $71.3 million, and the average 3-year period of write-offs was $270,118.00 on an average of 748 accounts with the average balance for the write-off was $357.19 indicating an average of 0.04%. Director Alexander stated that it is below what is typical of utility write-offs. Councilor Hally stated that the city must be audited, and a receivable must be legitimate receivable, or it tarnishes the validity of the audit because the receivable cannot be turned into cash, and that is the reason to make all efforts to collect and then write-it- off. Director Alexander agreed that they don’t want to overstate their revenue because they have credit ratings that they must meet on the electric and water, and if they move forward with any bonds or reports that are required, making sure that they have an accurate financial position is critical and this is part of the process. Page 3 of 17 City Council Meeting Minutes October, 27 2022 Francis asked if it is usual to write off one year back. Director Alexander stated that the reason they have added the other years this time is because they have been able to identify deceased with no known estates and people who have received a discharge of bankruptcy and incarcerated. They felt they needed to not wait and make internal documents accurate. President Dingman feels that the history from Director Alexander is accurate. President Dingman stated that there is a low percentage of write-offs. President Dingman is proud to follow the policy and staff has continued to execute that well with the contracted collection agency supporting the efforts. It was moved by Council President Dingman, seconded by Councilor Francis to Approve the write-off of $355,819.81 in unpaid utility service accounts which have been determined as uncollectible for the calendar years 2017, 2018, 2019, 2020 and 2021. The motion carried by the following vote: Aye – Councilors Freeman, Radford, Burtenshaw, Francis, Dingman, Hally. Nay – None. 3) City Ordinance Revision - Title 2, Chapter 9 - Civic Center for the Director Pam Alexander presented an amendment to City Ordinance Title 2, Chapter 9 Civic Center for the Performing Arts. She gave the reason for the amendment to create a permanent position on the committee for a member who is an employee of School District #91 to have an individual who is aware of District and Idaho Falls High School Functions and interests to enhance the long-term standing relationship of the City and the School District. She stated that it will benefit the community by improving the quality of committee decisions and this amended ordinance will stager terms for a smooth transition to strengthen the memory of the committee and allows flexibility for appointments. Freeman asked if this is an ex-oficio position or voting member. Director Alexander stated that they talked about making it a voting member, but the consensus was ex-oficio member. Freeman indicated that they need an amendment in the Whereas (3rd) because it states that it is a voting member. Mayor Casper stated that the Whereas clauses are introductory, and the actual effective part of the document is in the second half, and technically it wouldn’t have to be amended. Mayor Casper agreed that having this member on the committee will improve the quality of the decisions to be made. Councilor Francis stated that they could change the motion to drop voting from that paragraph and it would keep it accurate for the public record. Mayor Casper agreed. President Dingman clarified Councilor Francis statements that when she makes the motion that she expressly present it as an ex-oficio member. Councilor Francis suggested just striking the word voting from the recitals. President Dingman moved with amendment removing the word voting from 3rd Whereas clause, Francis second, roll calls, motion passed. It was moved by Council President Dingman, seconded by Councilor Francis to Approve the amendment to Title 2, Chapter 9 of the City Code regarding adding a School District 91 representative to and staggering committee member terms on the Civic Center for the Performing Arts Committee with the amendment of removing the word “voting” from third whereas clause at the beginning of the ordinance under a suspension of the rules requiring three complete and separate readings and request that it be read by title and published by summary The motion carried by the following vote: Aye – Councilors Hally, Radford, Francis, Dingman, Burtenshaw, Freeman. Nay – None. Page 4 of 17 City Council Meeting Minutes October, 27 2022 At the request of Mayor Casper, the City Clerk read the ordinance by title only: ORDINANCE NO. 3484 AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO; ADDING A SCHOOL DISTRICT 91 REPRESENTATIVE TO THE CIVIC CENTER FOR THE PERFORMING ARTS ADVISORY COMMITTEE AND STAGGERING COMMITTEE MEMBER TERMS; PROVIDING SEVERABILITY, CODIFICATION, PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE. 4) Bid IF-23-01 Purchase Chlorine and Sodium Bisulfite for Public Works Director Pam Alexander presented for purchase of chlorine and sodium bisulfite for public works. Director Alexander stated that they had one bid received and upon review the staff is recommending rejecting the bid for section 1 chlorine 150 lb. cylinder and negotiating the purchase of this bid item on open market as they feel they will get a better cost. Director Alexander asked for acceptance and approval of the lowest responsive responsible bid from Thatcher Company Inc. to award a contract for Section 2, Chlorine 1 ton container and Section 3 Sodium Bisulfite for a total of $611,200. President Dingman clarified that the Council members have bid tabulation and one has a rejection, and two accepting. It was moved by Council President Ziel-Dingman, seconded by Councilor Burtenshaw, to Accept and approve the bids received from the lowest responsive and responsible bidder, Thatcher Company, Inc. for Section II, Chlorine 1 ton container and Section III, Sodium Bisulfite for a total of $611,200, and reject the bid received for Section I, Chlorine 150-pound cylinders and authorize Public Works to negotiate the purchase on the open market. The motion was carried by the following vote: Aye – Councilors Francis, Dingman, Freeman, Hally, Radford, Burtenshaw. Nay- None. 5) Purchase two 2022 North Star 153-1 Ambulances for the Fire Director Alexander presented the purchase of two new ambulances. They are replacing the two oldest units with one ambulance having 206,000 miles and 9800 hours and the other has 165,000 miles and 5600 hours of service. They were approved for replacement with an expedited order through Braun Northwest and the competitive cooperative agreement that they have, to get these ambulances in the que to get built and they are using American Rescue Plan Act Funds for the ambulances. Director Alexander stated that the additional funds from the American Rescue Plan Act fund will be used to upfit the units. Director Alexander stated that on September 8, City Council approved the Fire Department to enter into an agreement for equipment and maintenance with Striker and the ‘22 units will be included. Ambulances will be outfitted with the newest up to date equipment, including the newest versions of power loader stair chairs, Lucas devices etc. Striker will update cardiac monitors every 5 years. Director Alexander stated that it will update the fleet and leverage the upfit of the units through the Striker contract that was approved. Councilor Freeman asked if the funds available were $600,000 and the ambulances were $488,00. Director Alexander agreed and stated that any balance remaining would go back into the American Rescue Plan Act for any other project that might go over, but the ambulances were priorities. Chief Nelson stated that the total awarded back in May for the American Rescue Plan Act was $869,851.00. That was to include the two ambulances, upfit equipment and a transport ambulance that is being built and that is the total amount coming forward in the future for the transport ambulance that has been discussed. Mayor Casper stated that they worked hard to expedite the Page 5 of 17 City Council Meeting Minutes October, 27 2022 decisions so they could make the purchase quickly, and if the decision were made today how far out would the ambulances be. Chief Nelson indicated 2 years out. Freeman stated that 165,000 miles doesn’t sound like much to some, and they get good maintenance, but they cannot take a chance of a break down when responding to an emergency and trucks are driven hard at high speeds and they don’t last as long, so to get 165,000 miles and 200,000 miles is a credit to the maintenance that is performed on the vehicles. It was moved by Council President Ziel-Dingman, seconded by Councilor Freeman to Approve the purchase of two 2022 North Star 153-1 ambulances accessing the Houston-Galveston Area Council (HGAC) competitive procurement contract #AM10-20 from Braun NW, Inc. for $220,056.00 each, for a total of $440,112.00. The motion carried by the following vote: Aye – Councilors Freeman, Francis, Hally, Radford, Burtenshaw, Dingman. Nay – None. C. Community Development Services Mayor Casper explained that for items 1-6, one hearing will cover two items (1 and 2; 3 and 4; 5 and 6). 1) 21-681 Legislative Public Hearing Part 1 of 2 of the Annexation and Initial Zoning-Annexation Ordinance and Reasoned Statement of Relevant Criteria and Standards. 2) 21-682 – Legislative Public Hearing Part 2 of 2 of the Annexation and Initial Zoning of TN & R3 Mayor Casper opened the public hearing for 5(C)(1) and 5(C)(2) annexation and initial zoning of TN Traditional Neighborhood and R3 multiple dwelling residential for 63.69 acres. Applicant: Layton Construction, Alex Driskel, 334 Sequoia. Mr. Driskel is the development director at Layton Construction. Mr. Driskel thanked staff for helping along in the process. He introduced himself working on behalf of Well Tower Inc to identify, develop and deliver wellness housing across the mountain west. Mr. Driskel stated that the in general the communities are highly amenitized, emphasizing walkability, social interaction and over all wellness of residents. This project brings a differentiated housing option to Idaho Falls residents and a community in desperate need of housing diversity in an increasingly challenging housing market. Well Tower is a national leader in health and wellness and a long-term holder in assets and the concerns and community dynamics are of great importance to them and their team. Mr. Driskel stated that through initial community outreach, interaction with City staff and planning commission they have appreciated the feedback and look forward to growing together. Mr. Driskel stated that the Moto for their team Is “What is good for the community is good for the project.” Mr. Driskel is from Pocatello, and he takes pride in this project to improve the options and quality of life for residents of southeastern Idaho. Deborah Nelson, Esq., 601 W Bannock, Boise, Idaho. Ms. Nelson asked for the Power Point presentation. Ms. Nelson is asking for annexation and zoning of 63-acre parcel south of 33rd North and North of US 20. Ms. Nelson stated that this is infill and surrounded on four sides by City limits. Ms. Nelson stated that P&Z recommended approval. Ms. Nelson showed that the TN and R3 is consistent with the surrounding zoning and Comprehensive Plan. She listed the current surrounding zones with R3 to the west and southwest, HC to east and south. Ms. Nelson stated that TN and R3 will provide a transition to the R1 to the north of the property and down to Highway 20 and the industrial zoning south of the Highway. Ms. Nelson stated that the proposed zoning is consistent with the designation in future land use map for general urban designation. Imagine IF envisions variety of housing types, smaller more compact lot sizes, Page 6 of 17 City Council Meeting Minutes October, 27 2022 streets in grid like pattern to promote connectivity. Ms. Nelson stated that the TN is characterized by a walkable pattern, small lots, and residents, mix of housing types and a grid street pattern with rear alleys like the historic neighborhoods. Ms. Nelson stated that R3 is characterized by a variety of dwelling types with denser dwelling located along major streets, pedestrian connections, and commercial services. TN and R3 meet a specified need identified in the Comprehensive Plan, to accommodate zones that will provide for “missing middle housing” including rental and smaller homes in walkable neighborhoods. Ms. Nelson stated that of the $24,000 housing units in Idaho Falls in in 2020 the plan notes that only 7% were smaller units. Ms. Nelson stated that young professionals and small families may not be ready for the maintenance or financial responsibility for a large yard and house. Ms. Nelson stated that this will attract and keep young workers who are critical members of the work force in the community. Ms. Nelson stated that the property is near INL Labs that has many young professionals employed who may not be ready for the long-term investment. Ms. Nelson stated that other employers in the area include ISU, CAES, Norco, Etc. Ms. Nelson stated that the proposed zoning will serve the employers to provide compact housing for workers. Ms. Nelson stated that this supports the Comprehensive Plan and will create a walkable center in the Innovation District area with INL. Ms. Nelsons stated that the zoning supports development of compact lots and a variety of housing products within gridded streets that create a well-connected neighborhood for bicycles and pedestrians. Ms. Nelson stated that this property is located within Tier 1 of Area 4, making it one of the least healthy areas of the City as designated by the Plan. Ms. Nelson stated that the Plan emphasized a need for green space and parks creating connected paths to downtown and diversifying housing. The requested zoning addresses this concern by supporting compact grid like pattern and green space to promote healthy lifestyle. Ms. Nelson stated that the request meets other goals of the Plan, including walkability, bike ability, infill development, diversity, housing adjacent to other compatible uses and fits the Comprehensive Plan strategic vision by providing a variety of living opportunities near employment, reducing the necessity for long motor vehicle commutes and finally the TN and R3 Zone fulfil the Comprehensive Plan goals for infill development to minimize costs while growing population and tax base. Ms. Nelson stated that this is consistent with the Comp Plan and the proposed Annexation and Zoning doesn’t burden City services, water and sewer is available to serve the property and the annexation allows efficient utilization of existing services and infrastructure without added sprawl and long commutes. Councilor Francis asked about MK Simpson is planned to extend through this site. Ms. Nelson stated that they will be extending MK Simpson through their site and will eventually connect through to the west when the property to the west develops. Director Brad Cramer appeared and presented the following: Slide 1 – Zoning Map Director Cramer shows the differentiation between R3, and TN exists on the subject property with TN on the southern portion of the property. Slide 2 -Airport Overlay Map Director Cramer showed that the Airport Overlay is part of the initial zoning requirement and request, and this overlay does not have any restrictions on uses, but rather on extreme heights to protect the flight path. Director Cramer stated that the TN zone was written for infill development situations like this, and there is a separate set of development standards that exist for greenfield versus where neighborhoods exist. Director Cramer stated this is an appropriate use of TN and it is not only intended Page 7 of 17 City Council Meeting Minutes October, 27 2022 for use in areas that are undeveloped within existing neighborhoods and staff is supportive of the request. Slide 3- Photo of Site Councilor Francis asked for a definition of extreme height. Director Cramer stated that it would be skyscraper this far from the airport. No one appeared in support or opposition. Councilor Radford stated that he looked up Well Tower and asked if there are two Well Tower, one dealing with hospitals and senior living and one that is not. Mr. Driskel stated that Well Tower has traditionally been a senior housing and medical office owner operator across the Country and over the last 3 years they have added a 3rd leg to the stool with wellness housing, that is more of a market rate angle to diversify their portfolio. Councilor Radford stated that it is likely in response to research that living in a certain area can lead to a longer life that is more active. Mr. Driskel stated that they have brought the senior aspects that were successful and brought it to market rate traditional rental aspect with high quality of life. Mayor Casper closed the public hearing. Councilor Francis is impressed with how this project matches with Imagine IF and carefully connected. Councilor Francis likes TN because it makes it a possibility of walkable neighborhood because small food stores are allowed in this zone that are not allowed in other zones, so there are possibilities to happen here, and he is strongly in support. Councilor Radford stated that this is what they have been looking for. Councilor Radford stated that there is a crisis in the community around anxiety and about mental health, and to build centers that are near natural locations like Freeman Park where people can walk and be in the sacred public spaces with trees and by the Snake River to show that life is sustaining it will have an impact on mental health and lets people feel more willing to continue to fight the battle they face in society. Councilor Radford stated that he is excited as they have been trying to attract young professionals, and they had not been able to show them anything where they can walk to work, until now. Councilor Radford stated that the use of this property to do this is amazing. Councilor Radford feels this is the right space in conjunction with the INL and DOE. Councilor Freeman is excited about this project and heard magic words with “infill,” “minimize infrastructure cost” and “missing middle.” Councilor Freeman is very supportive of this project. Councilor Francis is excited that MK Simpson connection will make it walkable and bikeable to the INL Campus site much easier than going north and across when it is connected and will add to the potential of the development. It was moved by Council Burtenshaw, seconded by Councilor Francis to Approve the Ordinance annexing 63.960 acres of a Portion of the East ½ of the 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 – Councilors 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. 3485AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO; PROVIDING FOR THE ANNEXATION OF APPROXIMATELY 63.960 Page 8 of 17 City Council Meeting Minutes October, 27 2022 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 Council Burtenshaw, seconded by Councilor Francis to Approve the Reasoned Statement of Relevant Criteria and Standards for the annexation of 63.960 acres of a Portion of the East ½ of the Northwest ¼ of Section 7, 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 Hally, Burtenshaw, Dingman, Freeman, Francis, Radford. Nay – None It was moved by Council Burtenshaw, seconded by Councilor Francis to Assign a Comprehensive Plan Designation of “General Urban” and approve the Ordinance establishing the initial zoning for TN, Traditional Neighborhood and R3, Multiple Dwelling Residential with the Controlled Development Airport Overlay 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 – Councilors Burtenshaw, Hally, Radford, Dingman, Freeman, Francis. Nay – None At the request of Mayor Casper, the City Clerk read the ordinance by title only: ORDINANCE NO. 3486 AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO; PROVIDING FOR THE INITIAL ZONING OF APPROXIMATELY 63.960 ACRES DESCRIBED IN EXHIBIT A OF THIS ORDINANCE AS TN, TRADITIONAL NEIGHBORHOOD AND R3, MULTIPLE DWELLING RESIDENTIAL WITH THE CONTROLLED DEVELOPMENT AIRPORT OVERLAY ZONES; AND PROVIDING SEVERABILITY, PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE. It was moved by Council Burtenshaw, seconded by Councilor Francis to approve the Reasoned Statement of Relevant Criteria and Standards for the Initial Zoning of TN, Traditional Neighborhood and R3, Multiple Dwelling Residential with the Controlled Development Airport Overlay Zone and give authorization for the Mayor to execute the necessary documents. The motion carried by the following vote: Aye – Councilors Dingman, Burtenshaw, Francis, Freeman, Hally, Radford. Nay – None 3) 21-683 – Legislative Public Hearing Part 1 of 2 of the Annexation and Initial Zoning 4) 21-684 – Legislative Public Hearing Part 2 of 2 of the Annexation and Initial Zoning of CC Mayor Casper opened public hearing Annexation and Initial Zoning of CC for 11.355 acres. Applicant: Brad Brown, Stewart Land Company, 1719 W 4350 South, Riverdale, Utah. Brown presented property on Pioneer Road near the new event center, to request annexation and zoning of CC. Brown stated that this is a tricky project because it is up against the freeway and there are a lot of engineering coordination issues. Brown stated that they got recommendation for approval from P&Z and then staff asked them to revise the annexation plat to include the roads on the front and the side to make sure that all that was included. Brown stated that revision took coordination including, time, money, and effort, and now they have it right. Brown stated that they are trying to minimize infrastructure cost to Page 9 of 17 City Council Meeting Minutes October, 27 2022 the City, and they will build a road up against the Freeway. Brown is with Stewart Land Company, and they are doing other projects in the City. Director Brad Cramer appeared and presented the following: Director Cramer stated that the request is for CC Central Commercial zone. Slide 1 – Zoning Map. Director Cramer showed the fuchsia color CC that is in portions of Snake River Landing and Eagle Ridge Development and includes some R1 to the east, some HC and R3A and LC to the south. Slide 2 – Aerial. Director Cramer showed the property is east of I-15, West of Snake River Parkway and Snake River Landing development and north of the Event Center site. Director Cramer stated that the requested zoning is consistent with the zoning in the area, and CC was originally written for the downtown area years ago, and once Downtown became form-based zone CC was modified to be used in other areas that wanted to create a main street type feel like Snake River Landing and along the 1st Street corridor. Director Cramer shows that the area is mixed use center and corridors and that is where you’d find a mix of commercial office and residential uses along major roadways. I-15 is in the area, Pancheri to the north, and Sunnyside to the south, with Snake River Parkway functioning as a higher traffic roadway. Slide 3- outline of where the site is located and surrounding land uses. Director Cramer showed that the surrounding land use is vacant except for the very southern portion. Director Cramer showed there are storage units and housing to the east and Snake River Landing has a mix of commercial office and residential exists to the east, and across I-15 has vacant land and Camping World further to the north, and the Event Center to the south. Slide 4 - airport overlay zone. Director Cramer showed that this is the same overlay zone as in the previous hearing with the Controlled Development and uses would not be affected and would only deal with heights. Slide 5 – area photos looking south across the site from Pioneer Road Slide 6-- Area photos looking generally east and south from Pioneer Road to show the curve in the road. Slide 7 – Area photo looking west and north from the pathway along the canal. Cramer stated that P&Z recommended approval and staff concurs. Councilor Burtenshaw stated that the packet shows the area looking different than what he showed on the slides during his presentation. Councilor Burtenshaw stated that the aerial in the packet shows the property going south and sweeping up into the road and continues to the north and encompasses the road all the way to Pioneer Way. Director Cramer clarified that what is in the packet is correct and the slides are what was shown to P&Z before the roads were incorporated. Cramer showed on the map to show the addition of roads extending the red line out into the intersection and extends up along the storage units to the north. No one appeared in support or opposition. Mayor Casper closed the public hearing. Page 10 of 17 City Council Meeting Minutes October, 27 2022 Councilor Burtenshaw is excited about this development. She noted that this main street concept is a good concept for this area and will fit in well with the other areas that have been zoned similar. Burtenshaw is excited about the Event /center and is envisioning an exciting development to be another main street of the City. It was moved by Council Burtenshaw, seconded by Councilor Francis to Approve the Ordinance annexing 11.355 acres of Part of the SW ¼ of Section 24, Township 2 North, Range 37 East under a suspension of the rules requiring three complete and separate readings and request that it be read by title and published by summary. 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. 3487 AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO; PROVIDING FOR THE ANNEXATION OF APPROXIMATELY 11.355 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 Council Burtenshaw, seconded by Councilor Francis to Approve the Reasoned Statement of Relevant Criteria and Standards for the annexation of 11.355 acres of Part of the SW ¼ of Section 24, Township 2 North, Range 37 East and give authorization for the Mayor to execute the necessary documents. The motion carried by the following vote: Aye – Councilors Burtenshaw, Hally, Dingman, Radford, Freeman, Francis Nay – None It was moved by Council Burtenshaw, seconded by Councilor Francis to Assign a Comprehensive Plan Designation of “Mixed Use Centers and Corridors” and approve the Ordinance establishing the initial zoning for CC, Central Commercial with Airport Controlled Development Overlay 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 – Councilors Hally, Francis, Radford, Dingman, Burtenshaw, Freeman. Nay – None At the request of Mayor Casper, the City Clerk read the ordinance by title only: ORDINANCE NO. 3488 AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO; PROVIDING FOR THE INITIAL ZONING OF APPROXIMATELY 11.355 ACRES DESCRIBED IN EXHIBIT A OF THIS ORDINANCE AS CC, CENTRAL COMMERCIAL WITH THE AIRPORT CONTROLLED DEVELOPMENT OVERLAY ZONE; AND PROVIDING SEVERABILITY, PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE. It was moved by Council Burtenshaw, seconded by Councilor Francis to Approve the Reasoned Statement of Relevant Criteria and Standards for the Initial Zoning of CC, Central Commercial with Page 11 of 17 City Council Meeting Minutes October, 27 2022 Airport Controlled Development Overlay Zone, 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 5) 21-686 - Legislative Public Hearing Part 1 of 2 of the Annexation and Initial Zoning 6) 21-687- Legislative Public Hearing Part 2 of 2 of the Annexation and Initial Zoning of LC Mayor Casper opened the public hearing for Annexation and Initial Zoning of LC for 6.631 acres. Applicant: Eagle Rock Engineering, Kurt Roland, 1331 Fremont Ave., Idaho Falls. Mr. Roland is asking to annex 6.63 acres into the City. The annexation will be attached to the Reserve at Snake River Landing that is already annexed. Mr. Roland is asking for LC Zone on the property. Councilor Freeman asked about the odd shape and asked if it is because it is connected to the other piece. Mr. Roland agreed. Director Brad Cramer appeared and presented the following: Director Cramer explained that the request is annexation with initial zoning of LC Slide 1 – zoning map. Director Cramer showed that the LC zoning exists predominantly in this area to the northwest and east with HC zoning to the south, so the zone is consistent with the area. Slide 2 – Comprehensive Plan Map Future Land Use Map. Director Cramer showed that this is an area that you would find commercial housing mixed and walkable areas and near transportation corridors. Slide 3 – Aerial outline of property. Director Cramer showed that the property is currently undeveloped and the surrounding land uses include vacant and undeveloped ag land, some residential in the area, Jackson Hole Junction to the southwest, auto dealership along Sunnyside to the south and Snake River Landing to the south and east. Slide 4 - Outline of property with closer view showing undeveloped land. Director Cramer reiterated what the applicant stated that there are plans in review for the property to the north and west as part of the Reserve at Snake River Landing. Slide 5 – photos of the site East from Pioneer. Director Cramer stated that P&Z recommended approval of the annexation and initial zoning and staff concurs with the recommendation. No one appeared in support or opposition. Mayor Casper closed the public hearing. Councilor Burtenshaw stated that with the explanation that it does incorporate into the other LC in the area and is part of the overall picture for the Reserve at Snake River Landing. Councilor Burtenshaw recommends approval to incorporate the triangle piece for annexation into the City. Councilor Francis emphasized that during the P&Z hearing it stated that this development is related to a parcel near it, and it makes sense. Page 12 of 17 City Council Meeting Minutes October, 27 2022 It was moved by Council Burtenshaw, seconded by Councilor Francis to Approve the Ordinance annexing 6.361 acres for the West ½ of the Southeast ¼ of Section 26, Township 2 North, Range 37 East under a suspension of the rules requiring three complete and separate readings and request that it be read by title and published by summary. The motion carried by the following vote: Aye – Councilors Hally, Radford, Francis, Dingman, Burtenshaw, Freeman. Nay – None At the request of Mayor Casper, the City Clerk read the ordinance by title only: ORDINANCE NO. 3489 AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO; PROVIDING FOR THE ANNEXATION OF APPROXIMATELY 6.361 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 Council Burtenshaw, seconded by Councilor Francis to Approve the Reasoned Statement of Relevant Criteria and Standards for the annexation of 6.361 acres for the West ½ of the Southeast ¼ of Section 26, Township 2 North, Range 37 East and give authorization for the Mayor to execute the necessary documents. The motion carried by the following vote: Aye – Councilors Freeman, Francis, Hally, Radford, Burtenshaw, Dingman. Nay – None It was moved by Council Burtenshaw, seconded by Councilor Francis to Assign a Comprehensive Plan Designation of “Mixed Use Centers and Corridors” and approve the Ordinance establishing the initial zoning for LC, Limited Commercial with Controlled Development 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 Dingman, Radford, Francis, Burtenshaw, Hally, Freeman Nay – None At the request of Mayor Casper, the City Clerk read the ordinance by title only: ORDINANCE NO. 3490 AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO; PROVIDING FOR THE INITIAL ZONING OF APPROXIMATELY 6.361 ACRES DESCRIBED IN EXHIBIT A OF THIS ORDINANCE AS LC, LIMITED COMMERCIAL AND CONTROLLED DEVELOPMENT AIRPORT OVERLAY ZONES; AND PROVIDING SEVERABILITY, PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE. It was moved by Council Burtenshaw, seconded by Councilor Francis to Approve the Reasoned Statement of Relevant Criteria and Standards for the Initial Zoning of LC, Limited Commercial with Controlled Development Airport Overlay Zones, and give authorization for the Mayor to execute the necessary documents. The motion carried by the following vote: Aye – Councilors Radford, Freeman, Burtenshaw, Francis, Dingman, Hally. Nay – None Page 13 of 17 City Council Meeting Minutes October, 27 2022 7) 21-689 – Quasi Judicial Public Hearing – Planned Unit Development and Reasoned Statement of Relevant Criteria and Standards for Terrace Gate Apartments and Barnwood Estates. Mayor Casper explained what a Quasi-Judicial Public Hearing as the Council members are acting much more formally than with a Legislative Hearing and because they are making a very specific decision, they must follow tight rules that guarantee fair and due process to the property owner. Council members do not get any background information other than what is received in their reading packets, consisting of minutes etc. Council members are required to make their decision based on information received during the hearing. Mayor Casper asked if anyone needs to recuse themselves. No one recused themselves. Mayor Casper Opened the Public hearing. PUD Terrace Gate Apartments and Barnwood Estates. Applicant: Eagle Rock Engineering, Kurt Roland, 1331 Fremont Ave., Idaho Falls, Idaho. Roland presented Terrace Gate Apartments and Barnwood Estates that consists of 11.25 acres for the PUD. Roland showed the property located on Skyline Drive. Roland stated that the property is east of Skyline Highschool. Roland stated that they are proposing 8 - 24 plex apartments with a clubhouse and 24 townhomes. Roland stated that there is a shared access with the medical plaza and another access off Skyline. Roland sated that they would have 412 parking stalls as required. Roland stated that the property is zoned LC allowing 35 units per acre and they are proposing 19 units per acre. Roland stated that the green space has an open area park in the middle. Councilor Radford asked how many actual apartments. Roland stated 192 apartments and 24 townhomes with 2 car garages. Councilor Radford clarified that the 2 car garages are counted in the parking requirement numbers. Councilor Francis stated that he calculated they need 5 amenities based on the number of units and asked Roland to list them. Roland stated that they have the park in the center with a pickle ball court, and playground equipment, the club house, BBQ areas, and a dog park. Councilor Francis asked if the storm pond is the park with the pickle ball court. Roland agreed with Francis. Councilor Francis asked if there is a way to encourage access to Skyline Highschool. Roland stated that there is a fence that the School District has up and no gate to high school property. Roland assumes the School District would let them put a gate in. Councilor Radford asked them to ask the District for permission on the gate as they have worked hard to not have vehicle go out onto the roadway to go back around. Councilor Burtenshaw asked what happened to Tara Street. Roland stated that it was vacated. Director Brad Cramer appeared and presented the following: Director Cramer stated that residential development in LC Zone must follow R3A standards. Director Cramer stated that there is a variance on the west side buffer. Cramer stated that LC up against R1 requires an additional buffer and the reason that a request was made to reduce that buffer is because that standard is in place for when development is happening next to existing residential, and schools are in R1 zones, and the buffer didn’t seem necessary for what its purpose is. Cramer stated that the other variance is that they are shy on the 25% landscaping, and where it is adjacent to the school that includes public green space, staff agreed to approve the reduction to 24.3% of the site landscaped. Director Page 14 of 17 City Council Meeting Minutes October, 27 2022 Cramer stated that the staff report references a variance to the buildings on the west side that has been resolved. Cramer stated that the issue has not been resolved and Cramer stated that a building over 2 stories, for every one foot of height needs two more feet of setback, and this does not meet that requirement and the requirement would be 35 feet so there needs to be included in the Reasoned Statement under item 6 Variance A, B, - add C to reduce west set back to 31 feet for three story structures. Cramer listed the variances requested: 24.3% landscaping; 4-foot reduction in west setback; and reduced buffer on the west side. Director Cramer indicated that it is not eliminating the buffer and it is a minimal reduction. Director Cramer stated that the PUD does meet the requirements of the zoning code. Director Cramer listed that the development includes 24 townhomes, 192 apartments with a total of 4 amenities that are built with each phase, and many included in the 1st phase. Cramer went through the elevation slides and the landscaping plan. Slide 1 - 2 Story Townhomes (24 units as referenced) Slide 2 – Apartment Elevations for 3 story structures (192 apartments) Slide 3 – Landscaping Plan. Director Cramer showed slight reduction in buffering, but the overall landscaping plan includes 24.3% as landscaping. Slide 4- Looks across the site from Skyline showing Skyline Highschool on the right-hand side with most of the site being undeveloped. Slide 5 – Looks across Skyline to the northwest showing existing home. Director Cramer noted that P&Z recommended approval with the 3 identified variances and staff concurs. Councilor Radford asked what the parking requirement is for the City. Cramer stated that for residential uses it is 1 stall per bedroom with a maximum of 2 stalls per unit. Cramer stated that in the packet the notes table shows the requirement from the zone would be 336 parking stalls and including the garages provided there are 400 on the site, so it exceeds the requirement. Councilor Radford asked what would be different if it wasn’t a PUD. Director Cramer stated that the variance request would be a different process and would have to go to Board of Adjustment and they would need to prove hardship that they did not create. Director Cramer stated that the amenities wouldn’t be required. Director Cramer stated that other than that the development could be allowed as is. President Dingman asked about the development providing more parking spaces than they are required, but the memo stated that they are required to provide 412 and are providing 412. Director Cramer stated that they should trust the staff report and he might have misspoken. Councilor Francis asked about the PUD requirements stating that it must have a connection to a school and there is nothing anticipated to connect this PUD to a school. Council Francis still doesn’t count 5 amenities, and there must be 5, and are storm ponds listed as storm ponds also an amenity. Director Cramer stated they need to include something else within the storm pond to be counted, such as playground equipment. Councilor Francis only sees the playground equipment and the club house, but not 5 amenities. Director Cramer listed the amenities: club house, playground, dog park on west side, picnic tables/pickle ball courts, additional playground equipment. Director Cramer explained that the large green space park in the center has been broken into 3 amenities because there are three sets of equipment. Councilor Francis asked if they could require an anticipated connection/pathway to the school based on the PUD. Director Cramer believes it is appropriate in the motion to make that Page 15 of 17 City Council Meeting Minutes October, 27 2022 requirement, and it might have to be pending approval of the School District. Councilor Francis stated that the RCRCS reads 2 amenities, and it should read 5. Mayor Casper asked about the road improvements to widen south Skyline. Director Cramer stated that there was a traffic study that was reviewed the City Engineer and approved, and it will require a deceleration lane on Skyline and Skyline would be built out to its anticipated section like it is north, and there is already an existing signalized intersection of Skyline and Pancheri. Mayor Casper asked if the owner on the other side is participating. Director Cramer stated that they would have to have the owner on the other side participate when the development happens. Councilor Freeman asked how they will remove snow and where to put it. Director Cramer stated that there is nothing public within the development. Director Cramer deferred to applicant. Councilor Francis wanted to clarify the variance requested would be approved with the PUD or do they still have to go to board of adjustment. Director Cramer clarified that because it is a PUD they do not have to go to Board of Adjustment. President Dingman clarified that there are 3 variances to be listed (adding the 3rd) buffer, landscaping, west setback to 31 feet for 3 story structure. President Dingman asked what a deceleration lane is. Director Cramer explained it is a portion of a street that comes off the main road so the car can slow down as it prepares to turn into the development. Director Cramer used east on 17th Street near KFC and Sam’s Club where the road can veer off to the right. Councilor Francis feels it can be accepted if there is an addition of a marked way to access Skyline if the District agrees, but the plan must have something in it to meet the full standards of the PUD. Support/Opposition: Forest Eihler, 265 10th Street. Mr. Eihler has no connection to the development. Mr. Eihler is 50/50 on this development because it tries to look walkable, but it is car focused and he would prefer it to be more walkable. Mr. Eihler asked that they have 2 gate access points to the high school to make it easier to get to the high school to give the students a sense of place. Mr. Eihler stated that the 31’ variance should be approved because it is not a neighborhood that it abuts to. Mr. Eihler hates all the parking spots and doesn’t feel walkable. Mayor Casper closed the public hearing. Councilor Radford reminded that PUD’s need ordinances to be more in line to make things possible in the first place. Councilor Radford stated that parking minimums are a scourge in the Country, and they cost taxpayers money as they could fit another building into this area without the parking minimums. Councilor Radford stated that parking spaces do not create revenue or funds to function. Councilor Radford stated that people do need to park cars, but he wants to incorporate green spaces, have less parking stalls, and will help have more options for walkable spaces. It was moved by Council Francis, seconded by Councilor Burtenshaw to Approve the Planned Unit Development for Terrace Gate Apartments and Barnwood Estates as amended to include two planned access points to the Skyline property as presented. The motion carried by the following vote: Aye – Councilors Hally, Burtenshaw, Dingman, Freeman, Francis, Radford. Nay – None It was moved by Council Francis, seconded by Councilor Burtenshaw to the draft Reasoned Statement of Relevant Criteria and Standards so that (5) reflects the statement “The PUD provides 5 amenities including a playground and club house; and (6) should read “3 variances were granted to the Development Standards: A (correct), B(correct), C “to reduce set back from the west property line to 31 feet for 3 story structure”, and amend the decision to amend the statement to include a provision that the developer include 2 access points to the Skyline Highschool property The motion carried by the following vote: Aye – Councilors Dingman, Burtenshaw, Francis, Freeman, Hally, Radford. Nay – None Page 16 of 17 City Council Meeting Minutes October, 27 2022 It was moved by Council Francis, seconded by Councilor Burtenshaw Approve the Reasoned Statement of Relevant Criteria and Standards as amended for the Planned Unit Development for Terrace Gate Apartments and Barnwood Estates and give authorization for the Mayor to execute the necessary documents. The motion carried by the following vote: Aye – Councilors Burtenshaw, Hally, Radford, Dingman, Freeman, Francis. Nay – None 8) 21-691 – Final Plat, Development Agreement, and Reasoned Statement of Relevant Criteria and Standards for Eagle Ridge Division 4. It was moved by Council Burtenshaw, seconded by Councilor Francis Approve the Development Agreement for the Final Plat for Eagle Ridge Division 4, 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, Radford. Nay – None It was moved by Council Burtenshaw, seconded by Councilor Francis Accept the Final Plat for Eagle Ridge Division 4, 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, Radford, Burtenshaw, Nay – None It was moved by Council Burtenshaw, seconded by Councilor Francis Approve the Reasoned Statement of Relevant Criteria and Standards for the Final Plat for Eagle Ridge Division 4, and give authorization for the Mayor to execute the necessary documents The motion carried by the following vote: Aye – Councilors Freeman, Francis, Hally, Radford, Burtenshaw, Dingman, Nay – None 6. Announcements Mayor Casper announced that tomorrow is the day to commemorate the day for nuclear workers, display from 9-5 at Westbank Event Center. Real heroes’ trunk or treat Saturday afternoon 2- 4:30 Mayor Casper announced 15 days from now is the day that Veterans Day will be celebrated on November 11 and Eagle Rock will have a walk of remembrance. Councilor Hally stated Friday is last day for early voting. 7. Adjourned There being no further business, the meeting adjourned at 9:40 PM s/ Corrin Wilde s/Rebecca L. Noah Casper Corrin Wilde, City Clerk Rebecca L. Noah Casper, Mayor Page 17 of 17