City Council

680 Park Avenue City Council Meeting Idaho F alls, ID 83402 � Minutes FALLS Thursday, November 10, 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 Councilor Hally 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 Donna Howard from Idaho F alls. Howard has concerns regarding the duties of the Idaho F alls Police Department. Howard acknowledges that this concern has been addressed previously. Howard stated that there have been incidents of tagging and graffiti throughout the City, and they have caught on video the car license plate and the people coming out of the house and all this information was given to the police. Howard has requested as a business to have the perpetrators make restitution to the business, and nothing has been done about it. Howard has had several people relate similar stories to her with domestic violence, trespassing, vandalism, etc. that have gone unattended by the police department. Howard stated that if they must endure these issues without law enforcement protection, then why are they paying taxes for these services. Howard stated that if the police cannot keep them safe, and they have to be more vigilant at policing themselves, then they should be compensated by not having to pay the City for that service. Howard quoted Idaho Statute Title 50 Chapter 6 Section 5602. "The Mayor is to preserve order and take care that the ordinances of the City are complied with." Howard stated that they are writing tickets by the airport, and she is asking if this is how visitors to the State should be greeted. Howard stated that the enforcement of the 2-hour parking downtown also creates tickets, and it is inconvenient for employees to stop what they are doing and move their car every two hours and that creates an unproductive work environment. Howard asked if the $28 million police facility has payment due and payment can only be made from revenue generated by the police department. Howard asked how the police department generates revenue. Howard submitted a public record request for monthly spending report for the police department on October 21, 2022, and Page 1 of 13  680 Park Avenue City Council Meeting Idaho Falls, ID 8340: � FALLS Minutes perhaps there are expenses being paid that make the police department unable to financially perform their duties. Howard stated that according to the State of Idaho Attorney General, she is entitled to that information, but it was not given to her within 3 business days with a possible extension of 10 days. She made a phone call to the City Clerk today to get that request met. Howard suggested that the police department has not yet earned their money for such a big expensive facility. 4. Consent Agenda A. Idaho Falls Power 1) Idaho Falls Power Board Meeting Minutes B. Municipal Services 1) Q-23-002 HVAC Updates at Water Division 2) IF-23-D Purchase Rear Loader for Public Works 3) License Applications It was moved by 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 Dingman, Radford, Francis, Burtenshaw, Hally, Freeman. Nay - None 5. Regular Agenda A. Public Works 1) Professional Services Agreement for a Wastewater Facility Planning Study with Stantec Consulting Services Inc. and Keller Associates Inc. A Professional Services Agreement with Stantec and Keller to update the City's 2010 Wastewater Facility Plan. Work will include documenting a series of technical evaluations and condition assessments, developing a list of future improvements, prioritizing, and recommending allocations for capital improvements, complete environmental studies and compile evaluations and information into a comprehensive Facility Plan. Public Works Director Chris Frederickson stated this is a redo of the planned document for Wastewater Facility completed in 2010. The City went through a quality bid selection process as required by State Statute and determined that this was the best consulting group submitted to complete the study. Director Fredrickson stated that this document provides the overall guiding work for the facilities in wastewater planning. He said all the technical work that goes into completing all the needed improvements, forecasted out to 20 years, and they are to a point where they have completed capital improvements for the last 10 years based on the study completed in 2010, and the work that is needed Page 2 of 13  680 Park Avenue City Council Meeting Idaho Falls, ID 8340: � Minutes FALLS is anticipated to cost just under $497,000 of which they have a $250,000 grant from the Idaho Department of Environmental Quality. Director Fredrickson stated It will evaluate the existing nearly 10 billion gallons of flow for today and give a road map of what improvements need to be made to accommodate those flows into the future, and the reason that changes somewhat in the wastewater industry, is they always have new requirements that are brought through environmental issues associated with new permitting. Director Fredrickson stated that at some point Idaho Falls will have a new discharge permit that will likely have new constituents that will need to evaluate and plan for. He said the ideas and possible changes that could happen are evaluated, and they also evaluate the overall plant capacity of 17 million gallons, and there is a lot that goes into that evaluation. He said the strength of flow is important, and not just the total volume that flows through the plant. Director Fredrickson stated that the study will help evaluate some of the things as they come along with constituents that they test for, and it will give them other items to keep on their mind as far as other improvements that will be triggered, even though they aren't approaching the 17 million gallons of treatment per day. Councilor Francis stated that he is trying to process the implications of the growth that the City is facing, and how it affects the wastewater plant. Councilor Francis asked if this would be finished in 1 year. Fredrickson stated that is the anticipated time frame. It was moved by Councilor Hally, seconded by Councilor Burtenshaw to Approve the Professional Services Agreement and authorize the Mayor and Deputy City Clerk to execute the necessary documents. The motion carried by the following vote: Aye- Radford, Freeman, Burtenshaw, Francis, Dingman, Hally Nay- None B. Idaho Falls Power 1) Amended Ordinance Title 8, Chapter 5, Section 7 General Manager Bear Prairie presented an amendment to Ordinance Title 8, Chapter 5, Section 7. GM Prairie stated that this allows them the ability to remove services to businesses or residences after 18 months of no service being paid and being disconnected from services. GM Prairie stated that it allows them, when they are rebuilding areas with services that are in the way of other upgrades and future line expansions, it doesn't make sense to maintain and continue to work around a service of something that doesn't have a customer, and it make sense to remove those. GM Prairie stated that it will give them the ability to clean up and maintain their electric system. Mayor Casper stated that the City Attorney is at a conference for training, and they have Assistant City Attorney Michael Kirkham joining on Webex, and Mayor Casper asked Kirkham about the wording on the motion being incomplete. Mr. Kirkham stated that it is incomplete if what you want to do is suspend the rules of three separate readings, you could pass it, and then in the next two council meetings present it again and vote three times, but if you'd like to suspend that rule, then you need to add that language onto the motion. Mayor Casper read "suspend the rules requiring three complete and separate readings, publishing by title, and reading it by summary". Mayor Casper allowed Councilor Radford to determine which version of the motion he'd like to make. Councilor Burtenshaw stated that it does have the old City Clerk Kathy Hampton's name listed, and Mayor Casper asked Mr. Kirkham if Page 3 of 13  680 Park Avenue City Council Meeting Idaho Falls, ID 8340: � Minutes FALLS that needed to be addressed. Mr. Kirkham stated whoever is doing the verification on that, can be added, and a clean copy can be made, and if that is made very clear on the record that is fine, but it is not an original part of the document, it is just a verification that the clerk saw it and recorded it in the City records. It was moved by Councilor Radford, seconded by Councilor Freeman to Approve amended City Ordinance Title 8, Chapter 5, Section 7 and give authorization to the Mayor and City Clerk under a suspension of the rules requiring three complete and separate readings and ask that it be read by title and published by summary. The motion carried by the following vote: Aye - Councilors Hally, Burtenshaw, Dingman, Freeman, Francis, Radford. Nay. None. At the request of Mayor Casper, the City Clerk read the ordinance by title only: ORDINANCE NO. 3491 AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO; AMENDING CITY CODE SECTION TITLE 8, CHAPTER 5, SECTION 7 TO REQUIRE CUSTOMER PAYMENT FOR REESTABLISHMENT OF ELECTRIC SERVICES, IF ANY, TO THAT LOCATION, AND TO AUTHORIZE REMOVAL OF UNUSED ELECTRIC FACILITIES AT THE DISCRETION OF IDAHO FALLS POWER; PROVIDING SEVERABILITY, CODIFICATION, PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE. C. Fire Department 1) Declaration of Sole Source Vendor and Purchase of MagneGrip 100% source capture exhaust removal systems for fire stations 4 and 5. Chief Dwayne Nelson is requesting a declaration for a sole source vendor for a purchase of an exhaust system for Station 4 and 5. This exhaust system is compatible with the current exhaust systems, which will allow them to have the systems compatible across multiple apparatuses, and not have to use different parts for repairs. Chief Nelson stated that the current exhaust systems are out of repair and out of life and cannot be repaired. Chief Nelson is requesting a declaration for a sole source vendor for the purchase of MagneGrip 100% Exhaust Removal System. Councilor Radford appreciates the effort, as this is critically important, and is important for the City. Councilor Francis stated that there was something similar done in the Consent Agenda for the water department ventilation system, he said these are things that protect our workers, and this protects the firefighters. Councilor Freeman stated that they started filtering the exhaust in the station later, and it is a big step forward. He said that there is equipment on the trucks and that needs to be compatible from Station to Station. It was moved by Councilor Freeman, seconded by Councilor Dingman to Declare Weidner Fire as the only vendor reasonably available for source capture exhaust removal systems because the compatibility of components and the replacement of parts for the exhaust removal system with the City's existing exhaust removal systems are the paramount considerations for this purchase and authorize the sole Page 4 of 13  680 Park Avenue City Council Meeting Idaho Falls, ID 8340; � Minutes FALLS source purchase for the Fire Department from Weidner Fire purchasing proposals #12072021F4 in the amount of $102,973.66 for the purchase of MagneGrip 100% source capture exhaust removal system for fire stations 4 and 5. The motion carried by the following vote: Aye - Councilors Burtenshaw, Hally, Radford, Dingman, Freeman, Francis. Nay. None. D. Community Development Services 1) Legislative Hearing for Consideration of an Ordinance approving the Pancheri East Bank Urban Renewal District Mayor Casper opened the public hearing for consideration of an Ordinance approving the Pancheri East Bank Urban Renewal District. Community Development Services Director Brad Cramer appeared and presented the following: Director Cramer stated this is the final step in the creation of a new urban renewal district. Director Cramer stated that they have seen this before when they authorized the Idaho Falls Redevelopment Agency to proceed with other steps, including the development of a plan that establishes the types of projects that can be completed; establishes a time frame for the district; and, the Financial Feasibility Report to make sure the anticipated revenues are sufficient to cover the anticipated project cost. Director Cramer introduced Meghan Conrad, Esq., from Elam and Burke who is legal counsel for the Idaho Falls Redevelopment Agency, and Renee Magee who is a consultant that worked on both the Eligibility Report and Financial Feasibility Report. Director Cramer stated that the incomplete wording of the motion on the previous item made him realize that he also forgot to write in the three and complete separate readings language and asked them to transfer that to the motion. Meghan Conrad, Esq., Elam and Burke presented: Conrad gave a quick reminder that an Urban Renewal Plan is not a contract, but rather a framework for an implementation of projects that are anticipated to occur within a specific geographic area, for a specific period, by Statute is 20 years or less. Slide 1 - Conrad showed the project area that is approximately 32 acres and a portion of it was originally included in the Pancheri project area that was terminated in 2020. This portion for the new project area was not developed in the first effort and the area that did develop is not included in within the boundaries of the project area. Conrad stated that the area has been underdeveloped and vacant. Conrad stated that the driver behind this project is the proposed 90 room hotel, and the goal would be to have revenue allocation proceeds from that development be available to reimburse certain eligible improvements. Conrad stated that they have also considered in the projections the potential for a small restaurant site, or small retail and office building. Slide 2 - Conrad showed the path the project will take and the opportunities to touch the public as they work through the project. Conrad stated that Urban Renewal planning has two phases, with the first phase being the eligibility phase where the area is reviewed for the presence of certain statutory conditions, and that effort was completed in February, whereafter the planning effort moved forward. Conrad stated that the Plan was reviewed by the Agency Board in August 2022 and thereafter the Agency Board took action adopting the plan on September 15, 2022, and the recommended approval of Page 5 of 13  680 Park Avenue City Council Meeting Idaho Falls, ID 8340: � FALLS Minutes the Plan has been transmitted to the City for the necessary steps and action under the Statute. Ms. Conrad stated that Planning and Zoning took a look at the plan and found it in conformity with the Comprehensive Plan of the City on October 4, 2022. The first notice of the public hearing was published in the Post Register on October 7, 2022, and that is the date that the overlapping taxing districts received a copy of the planning documents; the second publication thereafter occurred on October 21, 2022. Slide 3 - Ms. Conrad reminded the Council that what is included in the Urban Renewal Plan is governed by Statute. Idaho Code 50-2905 identifies information that a Plan must include with a level of specificity. Ms. Conrad stated that the required elements are discussed in the Plan narrative and the related attachments, and below each of the elements is a specific plan section where you can find the topic specifically addressed. Ms. Conrad stated that the first element is the 10% levitation. They look at the combined assessment roles of the existing revenue allocation areas and compare it to the total taxable value of the City and combined that number cannot exceed 10% of the total assessed value of the City, and after review of that analysis, addition this revenue allocation area, would still be well within the 10%. Ms. Conrad stated that they listed the public works projects that are anticipated to be funded with revenue allocation proceeds under the plan, and those are predominately identified in attachment 5 with some additional information set forth in a narrative format in Section 301. Elements 3 and 4 are the Economic Feasibility Studies together with the specific list of the estimated project costs and those are covered in attachment 5. Element 5 is the Fiscal Impact Statement, showing the impact of the revenue allocation area on the overlapping taxing districts. Ms. Conrad stated that when they talk about impact, they are meaning the deferral of the new development value that would appear on the new construction role, which is delayed until the termination of the revenue allocation area, and this area is small at 32 acres, and that is limited delay over a period of 20 years. Element 6 is the description of the method of financing, and they address what projects are to be funded on a pay as you go basis or if there is going to be a reimbursement with a public entity, or a developer or owner. Ms. Conrad stated that this section does address the different methods throughout the life of the District as well as in attachment 5. Ms. Conrad indicated that this plan is predominately configured to be funded through reimbursement, meaning that the developer would advance funds for the improvements, which would be reimbursed over the life of the District until the District terminates, or the improvements have been fully funded. Element 7 requires a termination date, and the 20-year termination date, if adopted this year, would be December 31, 2042, and the revenue allocation proceeds would flow to the Agency in 2043. Element 8 is the description or retention of assets, and if the Agency does acquire assets, it is anticipated that they would flow to the City or another pertinent public entity, and there is an opportunity for the Agency to retain assets post termination should there be revenues other than revenue allocation proceeds to fund the maintenance. Slide 4 - Ms. Conrad indicated that this highlights the 10% valuation limitation that was discussed, and the combined revenue allocation base assessment role, represent .22% of the total taxable value of the City. Page 6 of 13  680 Park Avenue City Council Meeting Idaho Falls, ID 8340: � Minutes FALLS Slide 5 - Renee Magee, 815 Nez Pearce Street, Moscow, Idaho. Ms. Magee was the Executive Director for the Idaho Falls Redevelopment Agency from 1997 - 2016. Ms. Magee reviewed the Economic Feasibility Study for the Pancheri East Bank Project Area. Ms. Magee directed Council to page 205- 212 of the material available for tonight's meeting, and also found on the Council website pages. Ms. Magee stated that the purpose of the Study is to determine if a hotel to be constructed on 4 acres will generate sufficient revenues to finance the public improvements that are necessary to ensure the construction of the hotel. Slide 6 - Ms. Magee stated that the Financial Feasibility Study found that the hotel will generate sufficient revenue to reimburse the developer $390,000 for environmental remediation, demolition, and improvements to Riverwalk Drive. Ms. Magee stated that over the life of the project area it is anticipated that $2.8 million will be generated, and that estimate is based on the 2021 tax levy rates. Slide 7 - Ms. Magee stated that it is assumed that the developer will initially fund the assistance and be repaid from the tax increment generated by the hotel. Ms. Magee stated that in addition to the assistance for demolition and Riverwalk improvements, there may be a need for additional assistance for right of way improvements and public utilities. Ms. Magee stated that there is not an internal street system in this area, and there are no public utilities in this area, as everything is under private ownership. Slide 8 - Ms. Magee showed the anticipated projects for the area. Ms. Magee showed that the first $350,000 in public improvements are anticipated to be completed by the developer in 2023 and 2024 and that will include the demolition and Riverwalk improvements. Later years of the project area it is anticipated that there will be sufficient funding to do additional right of way improvements, and to assist with public utilities, and possibly do a portion of an internal street system in the area. Slide 9- Ms. Magee summarized that it is anticipated that approximately $2.8 million will be generated through the construction of the hotel, and additional private investment. Slide 10- Ms. Magee stated that this table is found on page 209 of the materials for Council. Magee stated that the table assumes that the hotel is completed in 2025 and additionally a small retail building and a restaurant are constructed in 2027 - 2030. The assessed valuation of the additional investments would total less than $3 million. Ms. Magee stated that there is a major decrease in the total assessed valuation between 2022 and 2023/2024, and that is to reflect the demolition of the King B Manufacturing plant. Slide 11- Ms. Magee showed the slide that explains the assumptions that went into the table and estimated revenues. Ms. Magee stated that they do not believe that revenue will flow from the hotel until 2027 because it is not anticipated to be completed until the end of 2025. The table shows a Mill levy decrease of 1% annually and the value of new construction of the hotel and a small retail building and restaurant will be increased by 2% annually, with a base assessment (value of the buildings that presently exist) will increase by .5% a year based on what has historically happened in this area. Ms. Magee stated that the base assessment will be reduced by the demolition of the former King B manufacturing facility. Ms. Magee stated that the base value of the beginning of this project is Page 7 of 13  680 Park Avenue City Council Meeting Idaho Falls, ID 8340: � FALLS Minutes estimated to be slightly below $6million. Ms. Magee stated that the value of the new hotel is estimated to be $13.5 (less than estimated by the developer). Slide 12 - Ms. Magee stated that this slide illustrates the cash flow, showing estimated revenues and estimated expenses. Ms. Magee indicated that this table is found on page 209 of the materials for Council. Ms. Magee stated that this table shows the developer should be reimbursed by 2030 the $390,000. Ms. Magee stated that in addition, they should be able to repay a loan that has been received from another District of $30,000 by the year 2028. Ms. Magee showed that they estimate to have $2 million for additional public projects in the area. Slide 13 - Ms. Magee stated that the developer advanced $38,000 for the cost of creating the plan for the project area. Ms. Magee stated that there is an inter-district loan of $30,000 anticipated and the payment to the developer would be covered by an owner participation agreement with 75% of the tax increment will be paid to the developer under the OPA and 15% is set aside to cover administrative assistance in the last table (They might need the full 25% in the initial years). The developer should be repaid $390,000 to cover $350,000 for demolition, public infrastructure, and $38,000 advance. Slide 14 - Meghan Conrad, Esq., stated that this slide highlights the Planning Commissions' finding of conformity with the Comprehensive Plan, the proposed development of the hotel and retail and the potential office space falls within the mixed-use corridor and urban core planning areas, and the Riverwalk improvements are also highlighted as part of the project. Slide 15 - Ms. Conrad stated that this is a post July 1, 2016, plan so if approved there are limitations of the ability to amend this plan in the future by City Council Ordinance. Ms. Conrad stated that should the plan be amended by City Council Ordinance, it would trigger a reset of the base assessed value to the current assessed value, eliminating the revenue stream in that project area. Ms. Conrad stated that there are specific exceptions to a base reset, including an annexation of up to 10% of the acreage, de­ annexation, ministerial/technical changes, and extension to a portion of the industrial area, that is existing within the project area. Slide 16 - Ms. Conrad stated that today is the time set for the public hearing and the City Council consideration of the Ordinance. Ms. Conrad stated that if the ordinance is adopted, there is publication of the ordinance summary, recording the ordinance, and transmittal of the documents to county and State officials as well as the overlapping taxing districts. Ms. Conrad stated that to establish the area by January 1, 2023, the deadline to do all these things is December 1, 2022. Councilor Francis asked if the area is 32 acres, or 36 acres {32 acres+ 4 acres for hotel). Ms. Conrad stated that a discrepancy occurred when adding up the survey maps and legal that occurred later in the process. Ms. Conrad directed Council to attachment 2 to the Plan and the surveyed legal is closer to 32 acres. Ms. Conrad stated that references to 36 is an overstatement. Mayor Casper asked about the $350,000 for demolition, remediation, and Riverwalk improvements, and feels it is a small amount. Ms. Magee stated that the figures come from the developer, and she would Page 8 of 13  680 Park Avenue City Council Meeting Idaho Falls, ID 8340: � Minutes FALLS assume that remediation will be not overwhelming, however $250,000 to demolish the building is not a minor sum. Mayor Casper opened the hearing to the public for testimony. No one appeared in support or opposition. Councilor Francis asked if they need to make an amendment to reflect the references to 36 acres need to be adjusted to 32 acres, although the actual Ordinance does say 32. Mayor stated that the ordinance does govern it. Mayor Casper stated that is a procedural item. Mayor Casper closed the public hearing. Councilor Burtenshaw thanked Director Cramer and acknowledged that this takes a lot of time from his department and thanked Magee and Ms. Conrad for their time and expertise. She left it up to Councilor Francis to make an amendment if desired, or she will say that the documents should reflect the actual area. Councilor Hally stated that he wanted to address the reason behind the 20-year limitation on the area. He said you never know on construction what kind of development could come forth besides the hotel, and construction takes time, a recession can slow things down, and so you can always finish the project earlier and close the district, but you cannot add time to it. Councilor Hally stated that the developer in this instance estimated the acreage to start with without a formal evaluation, and that is why it went from 36 to 32 acres. He noted that there will be several plans that the District will engage with the developer along the way, and things can change during that period of time. Councilor Hally stated that you never know what could be found in the area, as far as basalt, and sometimes it takes extensive amount of work or dynamite. He said this area was part of another District, and nothing happened, and now we have a developer that wants to make something happen, and it is along the Snake River, and a development that they should be happy about. He said that when the district closes, the base will go back to the City and the base is permanent. Councilor Hally is in favor of the project. Councilor Francis stated that there used to be several businesses operating in this area, but they have gone away and now it sits as not vacant, but not being fully used, and when this develops this will benefit the entire community because it will be developed with some public space. He said the redevelopment will allow stimulation for the benefit of the entire community, not just this area. Francis strongly supports this project. Mayor Casper expressed her strong support for urban renewal, and noted for public that urban renewal in the City of Idaho Falls is a success story, and for every District they have opened, they have increased the value of the real estate in the District, and every time a District has closed, the citizens of Idaho Falls have been better off because they have created property that has increased value, and grown the tax base, and thereby lower taxes for residents across the community. Councilor Francis asked Mr. Kirkham if they need to make the adjustment in the document even though the ordinance is correct. Mr. Kirkham asked Francis what document he was referring to. Councilor Francis indicated that the supporting document (study, supporting documents, exhibits). Mayor Casper stated that Ms. Conrad indicated that in places where the number is different from 32 acres, it is Page 9 of 13  680 Park Avenue City Council Meeting Idaho Falls, ID 8340: � Minutes FALLS because early on the developer estimated the acreage, and the acreage wasn't established until later. Dingman stated that the Ordinance refers to attachment 5, which is the Feasibility Study. Mayor Casper stated that the Economic Feasibility Study does not have the acreage in it. Council President Dingman feels it is ok. Councilor Francis stated that on page 207 it states 36 acres and that is part of the Economic Study. Director Cramer stated that there are some references in the Economic Feasibility Report that point to 36 acres, and it is not just an estimate, but when they initially create a boundary, they use parcel maps that are provided from the County, but by the end of the exercise there was a surveyed boundary. Director Cramer stated that at the time of the Eligibility Report, the Financial Feasibility Report, they were going off parcel maps, and the acreage was correct. Director Cramer showed that part of the 4 acres difference was as the lines slide up based on the survey they are shrinking. It is in Director Cramer opinion that there is nothing inaccurate, as the Economic Feasibility Study was based on 36 acres, and the Eligibility Report was based on 36 acres, the survey boundary line corrected and did all sorts of research (tricky with easements, etc.) and it shrunk the official size down to 32. Director Cramer doesn't feel there is anything inaccurate, but the boundary did change between the different reports. Councilor Francis stated that his comment had nothing to do with the accuracy or inaccuracy, but rather when they pass the document, they want it to be legal, so they don't have to come back. Mr. Kirkham stated that he is looking at the ordinance and Exhibit 2 which is the notice that was published, and it reflects a parcel of approximately 31.5 acres, and that is correct, so the studies were based on estimated boundaries, and the notice part, and the official legal description will be applied, and the fact that the boundaries weren't exactly what everyone thought at the planning stage, isn't going to change what the development zone will be. Mr. Kirkham doesn't feel that they need to amend or correct the feasibility studies, because the legal description will apply to the redevelopment area and the ordinance itself. It was moved by Council Burtenshaw, seconded by Councilor Francis Approve the Ordinance approving the Pancheri East Bank Urban Renewal District under suspension of the rules requiring three complete and separate readings and request it be read by title and published by summary and give authorization for the Mayor and City Clerk to execute the necessary documents. The motion carried by the following vote: Aye - Councilors Dingman, Burtenshaw, Francis, Freeman, Hally, Radford. Nay- None At the request of Mayor Casper, the City Clerk read the ordinance by title only: ORDINANCE NO. 3492 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IDAHO FALLS, IDAHO, APPROVING THE URBAN RENEWAL PLAN FOR THE PANCHERI EAST BANK URBAN RENEWAL PROJECT, WHICH PLAN INCLUDES REVENUE ALLOCATION FINANCING PROVISIONS; AUTHORIZING THE CITY CLERK TO TRANSMIT A COPY OF THIS ORDINANCE AND OTHER REQUIRED INFORMATION TO COUNTY AND STATE OFFICIALS AND THE AFFECTED TAXING ENTITIES; PROVIDING SEVERABILITY, CODIFICATION, AND PUBLICATION BY SUMMARY; PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. Page 10 of 13  680 Park Avenue City Council Meeting Idaho Falls, ID 8340: � Minutes FALLS 2) Legislative Public Hearing-Part 1 of 2 of the Annexation and Initial Zoning-Annexation Ordinance and Reasoned Statement of Relevant Criteria and Standards for 10.649 acres for the Southeast¼ of Section 23, Township 2 North, Range 37 East. 3) Legislative Public Hearing-Part 2 of 2 of the Annexation and Initial Zoning of LC, Limited Commercial with Controlled Development Airport Overlay Zones, Initial Zoning Ordinance and Reasoned Statement of Relevant Criteria and Standards, 10.649 acres of the SE¼ of Section 23, Township 2 North, Range 37 East. Mayor Casper opened the public hearing for Annexation and Initial Zoning of LC for 10.649 Acres. Applicant: Matthew Bird, 4980 Riverbend Lane, Idaho Falls. Bird thanked City staff for their help with the application process. Bird stated that they have received recommendation of approval from Planning and Zoning for annexation with initial zoning of LC for approximately 10.649 acres off Skyline Drive. Mr. Bird showed on the map east of Skyline Highschool is the proposed property. Bird stated that the property just to the north (in red) has already been approved LC; Camping World is adjacent to this property. Bird stated that this zoning would follow the Imagine IF Comprehensive Plan. Councilor Freeman asked if the parcel to the north in red is related to this parcel. Mr. Bird stated that they are not related, but just requesting the same designation. Director Brad Cramer appeared and presented the following staff report: Slide 1-Zoning Map. Director Cramer stated that besides the LC to the North, there is HC zoning in the area, as well as Rl with Skyline Highschool. Director Cramer stated that further east you see some of the Rl as well, and that area is back and forth between County and City, and that reflects which properties have City utilities and were annexed by the City. Slide 2-Comprehensive Plan. Director Cramer stated that the future land use map shows this area as mixed-use centers and corridors, where it is along 115, and Skyline is a minor arterial where you'd expect to find LC types of development. Cramer stated that it is consistent with the principles of the Comprehensive Plan Slide 3- Aerial outline of where the parcel is located. Director Cramer showed where the parcel is located. Slide 4-Aerial. Director Cramer showed that the property is currently undeveloped. Director Cramer stated that P&Z recommended approval and staff concurs. Councilor Francis asked if they are annexing the whole road of Skyline along with this piece. Director Cramer agreed that they are annexing the whole road. Councilor Francis asked if all South Skyline will now be developed with City standards. Director Cramer agreed. No one appeared in support or opposition. Mayor Casper closed the public hearing. Page 11 of 13  680 Park Avenue City Council Meeting Idaho Falls, ID 8340: � FALLS Minutes Councilor Burtenshaw feels that everything is sufficient in the packet and pointed out that there is not a connection to Stosich Lane, and the access will be from 17 th South and Skyline. Mayor Casper added that it is a Category A Annexation. It was moved by Council Burtenshaw, seconded by Councilor Francis to Approve the Ordinance annexing 10.649 acres for the Southeast¼ of Section 23, 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 It was moved by Council Burtenshaw, seconded by Councilor Francis to Approve the Reasoned Statement of Relevant Criteria and Standards for the annexation of 10.649 acres for the Southeast¼ of Section 23, 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 At the request of Mayor Casper, the City Clerk read the ordinance by title only: ORDINANCE NO. 3493 AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO; PROVIDING FOR THE ANNEXATION OF APPROXIMATELY 10.649 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 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 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. 3494 AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO; PROVIDING FOR THE INITIAL ZONING OF APPROXIMATELY 10.649 ACRES DESCRIBED IN EXHIBIT A OF THIS ORDINANCE AS LC, LIMITED COMMERCIAL AND CONTROLLED DEVELOPMENT AIRPORT Page 12 of 13  680 Park Avenue City Council Meeting Idaho Falls, ID 8340: � Minutes FALLS 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 Freeman, Radford, Burtenshaw, Francis, Dingman, Hally. Nay- None 6. Announcements Mayor Casper announced that tomorrow is Veterans Day and invited everyone to reflect on the Veterans and their service. Mayor Casper stated that the next meeting will be on the 21 st will be work session from 3 - 6 pm and Tuesday 22nd will be the City Council Meeting. Mayor Casper stated that the City will not be open for business on Thursday or Friday during Thanksgiving week. 7. Adjournment. There being no further business, the meeting adjourned at 8:45 PM s/ Corrin Wilde s/Rebecca L. Noah Casper Corrin Wilde, City Clerk Rebecca L. Noah Casper, Mayor Page 13 of 13