City Council

680 Park Avenue City Council Meeting Idaho Falls, ID 83402 Minutes - Draft Thursday, March 30, 2023, 7:30 PM City Council Chambers 1. Call to Order Present: Mayor Rebecca L Noah Casper, Council President Michelle Ziel-Dingman, Councilor Radford, Councilor Francis; and Councilor Burtenshaw. Absent: Councilor Hally and Councilor Freeman. Also present: All available Department Directors Randy Fife, City Attorney Michael Kirkham, Assistant City Attorney Corrin Wilde, City Clerk 2. Pledge of Allegiance Amanda Poitevin (community member) led those present in the Pledge of Allegiance. 3. Public Comment Jace Wright, Shelley, Idaho- Top Notch Real Estate, Idaho Falls (Downtown Park Ave.) – Wright is requesting to be put on a future agenda regarding City Parking. Wright stated that it has become a concern, as they have been in their office since June 2022, and they find it difficult to have to move vehicles every 2 hours, while they work, they have paid $1500 in tickets since June and over 50 parking tickets have accumulated. They are not being malicious, or trying to disregard the rules, but they are busy meeting clients. Wright has witnessed people in hair salons have gone out with their hair in rollers to move cars. Wright understands it is a form of income for the City, and they want to work out a way to meet in the middle, maybe a monthly fee for tags to park in front of their building. Wright would like to address that in the future. Consent Agenda A. Municipal Services 1. Proposal to Add Interior Renovations for the City Hall Elevator Project 2. Treasurer’s Report for January 2023 3. Bid IF-23-09, Purchase Superpave Hot Mix Asphalt for Public Works B. Public Works 1. Bid Award - Fielding Cemetery Road Improvements 2023 2. Bid Award - Street Overlays 2023 3. Local Professional Services Agreement with Atlas Technical Consultants in support of the 17th Street and Woodruff Avenue Intersection Improvement Project 4. Bid Award - Tiger Avenue Water Line Improvements 2023 5. Bid Award - 65th South Fire Station Driveway  680 Park Avenue City Council Meeting Idaho Falls, ID 83402 Minutes - Draft C. Idaho Falls Power 1. IFP-23-11 Westside Substation Racking D. Office of the Mayor 1. Appointment to Idaho Falls Public Library Board of Trustees E. Office of the City Clerk 1. License Applications, all carrying the required approvals 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 was carried by the following vote: Aye – Councilors Francis, Dingman, Freeman, Radford, Burtenshaw. Nay – None 5. Regular Agenda A. Parks and Recreation 1) An Ordinance of the City of Idaho Falls Amending City Code. Director PJ Holm appeared and passed out handouts to the Council Members that included various pictures of the bike pathway south of town and presented as follows: Director Holm stated that the pictures are pictures of what has been done on the Gem Lake Bike Park off 49th South on the River and Idaho Falls Power operates a boat dock and swimming hole. Just to the south of the boat dock, there are 20 acres of property that they have allowed a volunteer group to come in and start doing clean up and restoration to make trails for biking, trail running, and other pedestrian uses. Director Holm read a portion of an email from the group: "We have 1200 volunteer hours contributed more promotions planned for this year, and additional funding hours. This year we plan to add another mile of trail, a 45' wood berm, 3 wood drops that range from 1' – 5', and a dirt pump track." Director Holm stated that they are working on bringing mountain bike trails into Idaho Falls, and Parks and Recreation are excited to work with these volunteers. It is a great addition to Idaho Falls and a great facility. Director Holm is requesting an ordinance change to add this location to permitted alcohol sites in Idaho Falls. There are 13 sites called out in the City Ordinance for permittable alcohol sales. This does not open this location to open containers or BYOB. It is very monitored and has a special event permitting process, including security, ID check, and other pieces to go along with the process. Director Holm wants this location added, as they have fundraisers throughout the year, including Bike Month, which is put on by BMPO, the City of Idaho Falls, and multiple bike shops in town. The Bike Month committee sets up events throughout May, including the bike challenge for all the elementary schools in the area, a 5th- grade bike ride, and a community ride. Another event they do in May is a fundraiser and bike social, and they try to raise funds to buy bikes and give bikes at events throughout the month. Parks and Recreation sees the benefit of that, and they want to be able to sell beverages at the fundraiser. Director Holm supports the request and wants to see this group succeed. Mayor Casper asked about the family events, and if the alcohol sales are going to be in the park where kids are playing. Director Holm stated they are looking at an end-of-year social in September and an early June social. There might be some families there, but typically the social is raffles, a band, and does tend to be adult-oriented more than the community ride. Mayor Casper stated that the law must apply  680 Park Avenue City Council Meeting Idaho Falls, ID 83402 Minutes - Draft to all events if changed. Mayor Casper wanted to feel it out because if families are there, and parents are present, parenting is an important thing and hopefully it will happen in that type of setting. Councilor Francis stated that the fundraiser is to support the development of the bike park because there is so much potential. Director Holm stated that the fundraiser is twofold, including the fundraiser that is a social, and that will help pay for activities and events that happen throughout bike month, but the group is interested in being able to have 1 or 2 other events throughout the year to fundraise and bring in money. Councilor Francis clarified that the location is the Gem Lake Bike Park. Randy Fife, Esq. clarified you are not voting for a fundraiser, you are voting for this location to go on a list that if the event could meet the conditions of approval, then they can have a special event permit that allows alcohol. This is broader than one group. Councilor Francis wanted to ensure that the bike park was the only area added to the ordinance. Mayor Casper stated that when the Event Committee approves alcohol sales and issue the permit the area is controlled so people aren’t wandering. Director Holm agreed there are barricades, and it is a controlled situation, and they don’t want to get into a situation where people bring alcohol to parks to watch soccer and softball, etc. This is only for events and activities that are pre-organized, authorized, and checked off by police. It was moved by Councilor Radford, seconded by Councilor Francis to approve the ordinance amending Title 8, Chapter 3-5, to add Gem Lake Bike Park to the list of City regulated spaces where alcohol may be sold, dispensed, and consumed. The motion was carried by the following vote: Aye – Councilors Francis, Radford, Burtenshaw, Dingman. Nay – None At the request of the Mayor, the City Clerk read the ordinance by title only: ORDINANCE NO. 3505 AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO; AMENDING CITY CODE SECTION 8-3-5 TO ADD GEM LAKE BIKE PARK TO THE LIST OF CITY- REGULATED SPACES WHERE ALCOHOL MAY BE SOLD, DISPENSED, AND CONSUMED, AS REGULATED BY THE CITY'S ORDINACES AND STATE LAWS; PROVIDING SEVERABILITY, CODIFICATION, PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE. B. Municipal Services 1) Idaho Falls Civic Center for the Performing Arts Conceptual Design Professional Services Agreement. Director Pam Alexander appeared and presented as follows: Director Alexander indicated that they have members of the Civic Advisory and Foundation present at the meeting tonight, as well as Roxanne Mitro, from AKM Architecture, and Richard Dodge is joining virtually. Slide 1 –They had a renovation a few years ago consisting of $1.8 million, and it was well received by the community, and there were immediate questions on what is next for the Civic. Slide 2 – The recommendation for the Idaho Falls Civic Center for Performing Arts Committee is to provide ADA Access to the facility to include restrooms and expansion of the lobby. The 5-member  680 Park Avenue City Council Meeting Idaho Falls, ID 83402 Minutes - Draft evaluation panel recommended a contract award to AKM Architecture/Studio I for a total of $591,000. The funding came from $300,000 came from the American Rescue Plan (ARPA Funds) and the balance through a portion of ADA Funds that they have as part of the operating budget in the building maintenance department, with a pledge of 2 years of $50,000 per year. funds are also available in repair and maintenance in the Civic budget; and also, in the building maintenance repair funds. The proposed future funding is through the capital campaign led by the Idaho Falls Civic Center for the Performing Arts Foundation which is a 501(c)(3) and possible grant and City match funds for the ADA portion. When they look at the escalated cost of construction for 2023/2024, design and engineering would be a total of $7.5 million of which approximately 49% is for ADA accessibility components. Director Alexander used $6.7 million because the Council memo only addressed the issue with the contract itself. Slide 3 – Conceptual Design - Lobby expansion and ADA bathrooms below the lobby, install elevator for bathroom access, and mezzanine. A proposed professional services contract of $591,000 will include programming, schematic design, design development, construction, and the bidding phase which will get them out to a formal bid. AKM/ Studio I will lead local civil, structural, and mechanical engineering firms to keep business local. They have a great partnership for this proposal. In attendance is the Civic Foundation Director Lara Haraway and she has led the exploratory committee to conduct an extensive Feasibility Study on this project. Slide 4 – Per the recommendation for the Civic Advisory Committee, which is established through ordinance, a Civic Center for the Performing Arts Foundation has been created. It was approved by City Ordinance #3197 on July 12, 2018, to authorize the foundation to seek outside funding and in-kind donations for Civic capital improvements. The Feasibility Study included over 40 user groups, community members, Civic patrons, and the business community to review the conceptual designs. The Feasibility Study’s comments included the overall building, exterior design, designated drop-off area, exterior walkways, lobby interior, elevator, restrooms, storage, multi-purpose space, and HVAC. The Feasibility Study was extensive and took 7 months. A Feasibility Study was critical to this process for a community- driven effort to determine the Feasibility of future investments into the Civic and approximately 2/3 of the comments were on design and in consensus with the architect's design and vision. Slide 5- The Feasibility Study included overall building and interior design. Feedback received was overwhelmingly positive on the ADA accessibility and the future scope of the Idaho Falls Civic Center for Performing Arts. The Foundation is confident that an award to AKM/Studio I will move this to a successful capital campaign. Director Alexander is requesting the Council to approve the Conceptual Design Professional Services Agreement to AKM and Studio I Architects for a total of $591,000. Councilor Burtenshaw stated that she is in support of this project and the $300,000 in ARPA Funding is set aside, but without the diligent work of the Foundation and the Feasibility Study then Burtenshaw would be less comfortable moving forward, the work that was done by the Foundation makes her feel comfortable moving forward showing the community dedication to the facility. She is excited to have this be the next step. Councilor Radford stated that they are charged as a government entity to help with the health and safety of the community and when they have public spaces to gather and have spirits lifted it is important to health and has been part of government for all of history. Radford feels that they need to  680 Park Avenue City Council Meeting Idaho Falls, ID 83402 Minutes - Draft help build community and culture to help mental health. This is an opportunity to help mental health in the community. Mayor Casper stated that the key is community and having an experience at the Idaho Falls Civic Center is part of living in Idaho Falls. They have made a lot of progress due to the help of the Advisory Committee. Mayor Casper thanked the Advisory Committee for their time and effort. Council President Dingman stated that they are privileged to be a part of the time doing this and you will have these memories and so many reasons to support this project, including the advancement of the ADA design. The design will be functional for families and individuals. The Committee and Foundation have done their due diligence. The work provides stability and faith in the process. This is an investment in the constituents. President Dingman thanked the Committee and Foundation and Director Alexander for their work and effort. It was moved by Council President Dingman, seconded by Councilor Burtenshaw to accept and approve a professional services contract with architects AKM Architecture, P.A. and Studio I LLC, for $591,000. The motion was carried by the following vote: Aye – Councilors Dingman, Radford, Francis, Burtenshaw. Nay -None. 2) Quote 23-008, City Council Chambers Renovation Director Pam Alexander appeared and presented the bid to renovate the Council Chambers as the room is over 15 years old. The platform and the dais have been there for years and have reached their useful life, and they need to make more room for the community to come and participate in the government process. This project will update City Council Chambers, including installing public access to Council Chambers, installation of a traditional dais, new carpeting, new paneling, and ADA Ramp. The construction specifications do spin the dais into a traditional dais and provide more depth in the room for public participation. The lowest bid was from Alan Clark Construction, LLC for $92,290.00. It was moved by Council President Dingman, seconded by Councilor Francis to accept and approve the lowest quote received from Alan Clark Construction, LLC. for a total of $92,290.00. The motion was carried by the following vote: Aye – Councilors Radford, Burtenshaw, Francis, Dingman. Nay -None. 3) Affirm, Modify, or Re-bid IF-23-07, 150-Pound Chlorine Cylinders for Public Works. Director Pam Alexander appeared and presented that this agenda item is to affirm, modify, or rebid IF 23-07 for 150-pound chlorine cylinders for public works. Director Alexander explained that 2 bids were received on February 21 and the Council approved the bid award on March 9, 2023, to Oxarc, Inc. for $84,240. The second lowest bidder, Thatcher Company submitted a formal protest on March 8 stating that the lowest bid did not acknowledge Addendum 1, and therefore the bid should not be valid. Addendum 1 provided some clarification language and did not change the quantity or pricing, the addendum also stated that bids submitted without the addendum may be considered invalid. Director Alexander stated that Idaho Statute 67-28-06(J) states that when someone is addressing contentions by an objecting bidder, the governing board shall review its decision and determine whether to affirm,  680 Park Avenue City Council Meeting Idaho Falls, ID 83402 Minutes - Draft modify, or rebid. Director Alexander is asking Council to either affirm, modify, or rebid the award that was given to Oxarc, Inc. for $84,240.00 Councilor Francis stated that he did not see an addendum 1 in his packet. He sees the contract bid and bid report. Councilor Francis asked for direction to addendum 1. Councilor Francis stated that one company (Thatcher) stated yes to the addendum, and one company (Oxarc) responded no to the addendum. Director Alexander stated that on the bid tabulation, they identify if they have accepted it, or they have not accepted the addendum and the addendum was in the packet when the award occurred on March 9. President Dingman directed Councilor Francis to page 108 in the packet. President Dingman read from the addendum. President Dingman understands that Oxarc didn't sign the addendum, and that it was an error that they didn't acknowledge receipt of the mailing address and bid document. It seems it was accidentally not submitted as part of the packet. The Council can reject the bid if they want, but it doesn't change anything with the outcome, it was just a forgotten signature. Mayor Casper stated that the language on the instructions stated that if it is submitted without the addendum the bid “may” be considered, not “shall” be considered and it is not an automatic disqualifier. Director Alexander stated that the outcome of the lowest bid did not change based on the acknowledgment of the addendum. It "may" be considered invalid and because of that the City staff left the award on the consent agenda for March 9, and once they received the formal protest, they brought it to the council for discussion. Councilor Francis asked what the implication of rebidding this item is. Director Alexander stated that they looked at going out in the fall, and her recollection was the chlorine cylinders were expensive, so they were not awarded at the beginning of the fiscal year, and she is unsure what the inventory of chlorine for the City looks like. Chlorine is used for water and wastewater programs. Director Chris Fredericksen came forward. Director Fredericksen stated that the 150lb cylinders are for the water division. Director Fredericksen stated that these types of considerations happen occasionally, and they sit down with staff and legal to determine implications. They sat down and there was a cost saving to award to the low bidder. There are a number of criteria by State law, including ensuring the public works contract lists sub-contractors and those are hard rules, but this consideration is "may" versus "shall." Vendors might not rebid as the bid information is available and has been laid out. They are running out of vendors in the western mountain area to provide chlorine. They have concerns about getting the cylinders. They did order a few so they have some to continue with the chlorination for the water division. They want to move forward with the bid award. It was moved by Council President Dingman, seconded by Councilor Burtenshaw, to affirm the bid award to Oxarc, Inc. for $84,240.00. The motion was carried by the following vote: Aye – Councilors Burtenshaw, Dingman, Francis, Radford. Nay - None.  680 Park Avenue City Council Meeting Idaho Falls, ID 83402 Minutes - Draft 4) Public Hearing Authorization to Amend City Ordinance 3446, To Adopt, Collect, and Administer City Development Impact Fees and First Reading. Director Alexander stated this is for a public hearing authorization. So, the public hearing was discussed on Monday's work session. Mayor Casper stated that they need to authorize the City Council to conduct a public hearing on the night it is being advertised. Director Alexander stated that this item is to amend City Ordinance 3446 to adopt, collect, and administer city development impact fees on the first reading. It was discussed that they want to hold a public hearing on Thursday, April 13th at 7:30 p.m., in the City Council Chambers. The notice was published Wednesday, March 22, 2023 newspaper, they are scheduled at that date and time, and they want City Council authorization to conduct the hearing on April 13, 2023, in this room. Mayor Casper asked Randy Fife, Esq., how to handle authorizing the hearing and have a first reading. Randy Fife, Esq., stated that they can decide tonight that they want a public hearing, and then they can consider the ordinance on 1st reading, and if there are any instructions that you want to give staff to make some changes for additions for the second reading you can do that too. Mayor Casper indicated that ideally it would say to authorize the public hearing and then conduct the 1st reading. Mayor Casper feels it would be cleaner if they could handle these items separately. President Dingman asked if they would move to approve a 1st reading or conduct a 1st reading. Randy Fife, Esq., stated that you will consider the ordinance draft on 1st reading when you get to that point. You can move to authorize the public hearing, and then go to the next. Mayor Casper stated that you are not making a motion to approve or deny you are just saying tonight is the night that they have the 1st reading, or are they considering the 1st reading tonight? Randy Fife, Esq., stated that they are proposing to take action tonight to pass it on to the 1st reading. President Dingman moved to authorize a public hearing to amend City Ordinance 3446 to Adopt, Collect, and Administer City Development Impact Fees. Councilor Francis seconded the motion. City Clerk read roll call vote: Aye: Francis, Dingman, Radford, Burtenshaw. Nay: None. The motion carried. President Dingman moved to approve on the 1st reading to Amend the City Ordinance 3446. Councilor Francis seconded the motion. Burtenshaw asked if this was the point at which they would give recommendations. Mayor Casper wanted to have the motion and then have the discussion. Randy Fife, Esq stated that if they want to make changes, you can either pass it on the first reading, as is, and then give instructions, so that the second reading would have those changes in it, or if someone wanted to propose amendments to what is going to be considered on the 1st reading, you can do it that way too.  680 Park Avenue City Council Meeting Idaho Falls, ID 83402 Minutes - Draft Councilor Francis has a serious amendment, and then a discussion point on another element. Mayor Casper wants the motion made and then have a discussion. Councilor Burtenshaw asked for clarity, as it would be difficult to know the extent of all of the language they are going to change, so it would be difficult to make it on the fly. If it is a significant change, it would be hard to keep track. Randy Fife, Esq., stated that he thought that someone made a motion to pass it on the first reading and it was seconded, that is in play. So, if you vote on that, that is what it does. Mayor Casper stated that they are not going to vote, as at least one Councilor wants to amend. Councilor Francis stated that he has 2 things. 1st on Page 6 of the ordinance (127 in the packet available online). This is what was mentioned in the work session and he wants discussion as there is a concern about the last part of the addition, "such impact fee should be charged and collected from taxing districts, as defined in Idaho Code 63-201 and authorized Public Charter Schools as defined by Idaho Code 33-5202(a) unless the taxing district or charter school enters into a written agreement with the City that provides otherwise." Francis feels that this opens the door for exceptions. People can apply for a waiver on fees to be determined, but this invites a particular set of interest groups or taxing districts to get an exception and feel the last portion of the sentence should be removed. Mayor Casper asked if he was asking to strike the "unless the taxing District…" to the end of the sentence. Councilor Radford agreed that they didn't want these exceptions and agreed with Francis. Councilor Radford wants to keep the exceptions to a minimum and it gives the directors fewer choices about how to use the dollars. Councilor Francis asked if he moved to strike those words. Francis chose to go to the next and amend all at once. Councilor Francis moved to 10-8-8 which is credits for affordable housing, near the end on page 17 of Section C of the ordinance (packet page 138). Councilor Francis passed out new wording he came up with the help of the legal department. Councilor Francis stated that in C1 the additional words are underlined. "May be granted a waiver of a portion of the impact fee payment required". The important word is "a portion." … That is consistent with the impact fee study that they are required to follow. Councilor Francis read that "Any waiver granted by Council should be based ____ to which development meets the following conditions: The first 3 are in the Ordinance (Francis read the 3 that were already in the ordinance). The following are added points: There is a demonstrated need for such development; the number of dwelling units in the development (decided not to set a number but have something for consideration of the impact of the development); funding available from general fund dedicated to support affordable housing in the City (something that has been discussed. Those fees have to be paid and they can only do it if they establish the fee); no waiver shall exceed 30% of the impact fee payment; Failure to develop housing as presented to Council as determined by the Community Development Services Department Director shall result in automatic cancellation of the approved waiver and shall require payment of all waived fees within 60 days following cancellation of all building permits.  680 Park Avenue City Council Meeting Idaho Falls, ID 83402 Minutes - Draft Councilor Francis feels these address, in a more formal way, what they put together in response to the Black Feather Development that was granted a waiver in the amount of 30%. Randy Fife, Esq. stated that they can consider that there are two places that it discusses striking sentences, and the other one is at 10-8-4 under the definition of fee payer, and they would need to strike after the “,” the rest of the sentence to stay consistent. Mayor Casper as asked Councilor Burtenshaw if she feels this is too complicated for the few minutes of consideration it is given right now. Councilor Burtenshaw is ok as they were provided a sheet, and now that they have a paper in front of her, and helps her keep it straight. Councilor Burtenshaw has an edit she wants made on Ordinance 3446 dealing with BMPO page 3, strike out "the Cities of Ammon, Idaho Falls, Iona, Ucon." So that it would read "A federally mandated and funded transportation policy-making organization in Bonneville County, provides transportation planning for the urbanized portions." Randy Fife, Esq. has an alternate language that is similar, and he will add "e" back to estoppel. Mayor Casper stated that C as proposed in the handout from Councilor Francis goes straight to 1 and C has no header as they have taken the header away. Randy Fife, Esq., stated that it is amending only part of the section, so when it appears as strike-out underline, it will have the same format as it does now, and there were no headers as it was all under 10-8-8. Mayor Casper stated that all of the language for C has been put into 1. Randy Fife, Esq., clarified that the Mayor is concerned that it needs to have an intro paragraph. Mayor Casper will save that for later so as not to be nitpicky right now. Mayor Casper stated that if they need to pass tonight, they need a motion to summarize. Councilor Burtenshaw doesn't want to pass this new language at all. Councilor Burtenshaw has concerns with the Parks Department and the potential of it being pulled into every development agreement, as a developer wants to have a credit as identified in 10-8-9, and there is potential for lots of minor neighborhood parks. The study does say that they would need 56 acres of community-style parks and does not anticipate that it would be cleaned up in this language, but there is potential for resolution to come forward giving direction so that they do not always have the Parks Department pulled into the development agreement. Community Development can say this is the identified park and it needs to be 10-12 acres (specified later). The continual inclusion of parks in development agreements and not achieving the goals of the study is concerning to her. Councilor Radford agreed and stated that there is an opportunity for developers to want to make their own individual parks, and then try to get credit and that gives no freedom to plan for the community.  680 Park Avenue City Council Meeting Idaho Falls, ID 83402 Minutes - Draft Councilor Francis stated that there are only 5 – 6 acres maximum in the small parks. Francis suggested that Planning and Parks and Rec need to work out a proposal and bring it to the Council and have an overall plan. Mayor Casper asked for clarification and asked if this was the work in front of us. Councilor Burtenshaw stated that by the second reading, there could be some clarifying language with reference to the discussion, but she is not prepared tonight to present the language. She is just bringing up issues. Mayor Casper explained about the passing of the action on a single reading. Mayor Casper stated that you can amend what you are considering at each step along the way. Tonight, they got the proposed amendments that could happen tonight and possibly make amendments next time too. President Dingman wants to amend tonight to keep track of the conversation. President Dingman clarified her intent to her motion made previously to pass this on the 1st reading tonight with the following amendments: 1st amendment on page 3 of 24 the Ordinance 1-3-2 modifying the general code definition language to encompass the correct BMPO Planning Area; page 6 of the Ordinance 10-8-3 Section D to strike the portion of the sentence “Unless a taxing district or authorized public charter school enters into a written agreement with the City it provides otherwise”; page 8 of the Ordinance 10-8-4 under definition starting with the same portion of the sentence “ Unless a taxing district or authorized public charter school enters into an agreement with the City that provides otherwise.”; Page 17 of the Ordinance 10-8-8 in the following sections, amended as presented this evening in the hand out, beginning with what was originally proposed as C(1), and President Dingman suggested renumbering to B3 and continue on with B3, B4, B4(a), B4(b), B4(c), B4(d), B4(e), B4(f) the following B5, B6 and finally modifying the appeals language to read as letter C, instead of D, as well as acknowledging that we will put the “e” back in estoppel in two places within the Ordinance. For any additional clarification as contained in 10-8-8 in Sections B1, B2 and as presented by Councilor Francis C1(which has been renumbered) or as to be reformatted by the legal department (Per Councilor Francis's suggestion) and C can simply say Affordable Housing (as suggested by Mayor Casper). Randy Fife, Esq., stated that there are many ways to do it and he will attempt it. Councilor Francis seconded the amended motion. Mayor Casper asked for clarification on the motion as to whether Dingman is clarifying the original motion, or if this is an amendment, and she is amending the motion, then they need to vote on the amendment, and then vote on the motion as amended. Dingman stated that it is an amendment. Councilor Francis seconded the amendment to the motion. Mayor Casper called for a vote on the amendments as proposed by Council Member Dingman. City Clerk read roll call vote: Aye: Francis, Dingman, Radford, Burtenshaw. Nay: None. The motion carried. Mayor Casper stated that they had successfully amended the motion. Mayor Casper asked for a vote on the original motion as now amended. City Clerk read roll call vote: Aye: Francis, Dingman, Radford, Burtenshaw. Nay: None. The motion carried. Randy Fife, Esq., stated that he will make the change as understood and he will redistribute before the 10th so they can see if there is more to do or if he was able to capture what was wanted.  680 Park Avenue City Council Meeting Idaho Falls, ID 83402 Minutes - Draft 5) Public Hearing to Authorize the Transfer of the West River Boat Ramp to Bonneville County. Mayor Casper opened the public hearing to authorize the Transfer of the West River Boat Ramp to Bonneville County. Mayor Casper opened the public hearing to authorize the Transfer of the West River Boat Ramp to Bonneville County. Director Pam Alexander appeared and presented as follows: Slide 1 – The history is the West River Boat Ramp property was purchased back in the 1980s due to river icing concerns following the bulb construction for Idaho Falls Power. Bonneville County and Idaho Fish and Game built the ramp and have improved it and maintained the land for several years. During the Idaho Falls Power Board meeting on October 12, 2022, the Executive Staff recommended the City transfer the 3 parcels shown on the slide to Bonneville County. Idaho Code 50-1042 requires the City Council to conduct a public hearing regarding the transfer of the West River Boat Ramp. No one appeared in support or opposition. Mayor Casper closed the public hearing. It was moved by Council President Dingman, seconded by Councilor Burtenshaw to authorize the transfer of the West River Boat Ramp to Bonneville County pursuant to Idaho Code 67-2322. The motion was carried by the following vote: Aye – Councilors Dingman, Burtenshaw, Francis, Radford. Nay - None. C. Community Development Services. 1) Legislative Public Hearing-Part 1 of 2 of the Annexation and Initial Zoning-Annexation Ordinance and Reasoned Statement of Relevant Criteria and Standards for 17.782 acres of the NE ¼ of Section 12, Township 2 North, Range 37 East. 2) Legislative Public Hearing-Part 2 of the Annexation and Initial Zoning of R&D, Research, and Development with the Limited Development Airport Overlay Zone, Initial Zoning Ordinance and Reasoned Statement of Relevant Criteria and Standards for 17.782 23-108 Page 6 of 10 City Council Meeting Agenda March 30, 2023 acres, NE ¼ of Section 12, Township 2 North, Range 37 East Mayor Casper opened the public hearing. Interim Director of Community Development Services Kerry Beutler appeared and presented: Slide 1 – Director Beutler indicated that this is an annexation of 17 acres in the northern section of the City, North of the INL Campus along MK Simpson Blvd, and University Place. This is a vacant parcel on the south side of 33rd North. The existing zoning in the area to the south and the east is zoned Research and Development and to the north across 33rd the property is zoned R3A. Slide 2 – Comprehensive Plan. This area is darker grey and is designated as a special use designation. That designation has been slated for this area around the INL Campus as there can be unique uses associated therewith, and the requested zoning is for R&D Research and Development and the request is consistent with the Comprehensive Plan. Slide 3 – Aerial of the property. Showing undeveloped used for agricultural purposes. The applicant is including the annexation of the right of way of W 33rd North extending to the western edge of the right  680 Park Avenue City Council Meeting Idaho Falls, ID 83402 Minutes - Draft of way. The right of way currently exists as Bonneville County Right of Way. They have monthly meetings with Bonneville County Public Works and with Bonneville County Planning to discuss annexations and right-of-way issues as they proceed to annexation. It has been recommended that since the City has already annexed 33rd North to the East and the City will be annexing 33rd for the frontage of the parcel, it makes sense to annex the balance of the right of way. Slide 4 – Airport Overlay Zone. This area is compatible with the Airport overlay. Slide 5 – Pictures of the property This is a category A annexation with proposed R&D Zoning. It was recommended to be approved by the Planning and Zoning Commission and staff concurs with that recommendation. No applicant appeared. No one appeared in support or opposition. Mayor Casper closed the public hearing. It was moved by Councilor Burtenshaw, seconded by Councilor Francis to approve the Ordinance annexing 17.782 Acres of the NE ¼ of Section 12, Township 2 North, Range 37 East, and assign a Comprehensive Plan Designation of Special Use Transect, under the suspension of the rules requiring three complete and separate readings, and request that it be read by title and published by summary. The motion was carried by the following vote: Aye – Councilors Francis, Dingman, Radford, Burtenshaw. Nay - None. City Clerk Read the Ordinance by Title. ORDINANCE NO. 3506 AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, PROVIDING FOR THE ANNEXATION OF APPROXIMATELY 17.782 ACRES DESCRIBED IN EXHIBIT A OF THIS ORDINANCE, AMENDING THE LEGAL DESCRIPTION OF THE CITY WITH THE APPROPRIATE COUNTY AND STATE AUTHORITIES, AND PROVIDING SERVABILITY PUBLICATION BY SUMMARY AND ESTABLISHING AN EFFECTIVE DATE. It was moved by Councilor Burtenshaw, seconded by Councilor Francis to approve the Reasoned Statement of Relevant Criteria and Standards for the annexation of 17.782 Acres of the NE1/4 of Section 12, Township 2 North, Range 37 E, and give authorization for the Mayor to execute the necessary documents. The motion was carried by the following vote: Aye – Councilors Burtenshaw, Dingman, Radford, Francis. Nay - None. It was moved by Councilor Burtenshaw, seconded by Councilor Francis approve the Ordinance establishing initial zoning for R&D Research and Development with the Limited Development Airport Overlay Zone as shown in Ordinance Exhibits, under a suspension of the rules requiring three complete and separate readings and request it be read by title, and published by summary, that the City Limits documents be amended to include the area annexed herewith and the City Planner be instructed to reflect said annexation amendment to the Comprehensive Plan, the Initial Zoning on the Comprehensive Plan, and Zoning Maps located in the Planning office. The motion was carried by the following vote: Aye – Councilors Francis, Radford, Dingman, Burtenshaw. Nay - None. City Clerk Read the Ordinance by Title.  680 Park Avenue City Council Meeting Idaho Falls, ID 83402 Minutes - Draft ORDINANCE NO.3507 AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, A MUNIPAL CORPORATION OF THE STATE OF IDAHO, PROVIDING FOR THE INITIAL ZONING OF APPROXIMATELY 17.782 ACRES DESCRIBED IN EXHIBIT A OF THIS ORDINANCE AS R&D RESEARCH AND DEVELOPMENT, INCLUDING THE LIMITED DEVELOPMENT AIRPORT OVERLAY ZONE, AND PROVIDING SERVABILITY PUBLICATION BY SUMMARY AND ESTABLISHING AN EFFECTIVE DATE. It was moved by Councilor Burtenshaw, seconded by Councilor Francis to approve the Reasoned Statement of Relevant Criteria and Standards for initial zoning of R&D Research and Development with Limited Development Airport Overlay Zone and give authorization for the Mayor to execute the necessary documents. The motion was carried by the following vote: Aye – Councilors Radford, Burtenshaw, Francis, Dingman. Nay - None. 3) Final Plat and Reasoned Statement of Relevant Criteria and Standards, Sparrow Hill Subdivision First Amended. Councilor Francis stated that everyone has a hard copy of the Reasoned Statement of Relevant Criteria and Standards, and it adds the sentence about being consistent with the Comprehensive Plan and the statement of the Planning and Zoning Commission approval. Councilor Francis stated that this is a straightforward final plat. There was a concern in Planning and Zoning about the lot line going through a building, and what is shown for the Council tonight has corrected that situation, so it doesn’t exist as a problem. It was moved by Councilor Francis, seconded by Councilor Burtenshaw to accept the Final Plat for Sparrow Hills Subdivision First Amended and give authorization for the Mayor, City Engineer, and City Clerk to sign said Final Plat. The motion was carried by the following vote: Aye – Councilors Radford, Francis, Dingman, Burtenshaw. Nay - None. It was moved by Councilor Francis, seconded by Councilor Burtenshaw to approve the Reasoned Statement of Relevant Criteria and Standards for Final Plat for Sparrow Hills Subdivision First Amended and give authorization for the Mayor to execute the necessary documents. The motion was carried by the following vote: Aye: Francis, Dingman, Radford, Burtenshaw. Nay - None. 4) Final Plat Extension for East River Estates Division 1 Councilor Francis stated that this is extending a final plat that has already been approved as the developer has asked for 6 months extension until September due to a variety of reasons. The extension gives them time to go back to their original thinking. It was moved by Councilor Francis, seconded by Councilor Burtenshaw to approve the extension of the Final Plat for East River Estates Division 1. The motion was carried by the following vote: Aye: Francis, Radford, Burtenshaw, Dingman. Nay - None. 5) Final Plat, Development Agreement, and Reasoned Statement of Relevant Criteria and Standards, Black Feather Apartments.  680 Park Avenue City Council Meeting Idaho Falls, ID 83402 Minutes - Draft Councilor Francis stated that the Reasoned Statement of Relevant Criteria and Standards is the hard copy that adds the sentences referred to before, referring to it being consistent with the principles of the Comprehensive Plan and the other that it has been approved by the Planning and Zoning Commission. It was moved by Councilor Francis, seconded by Councilor Burtenshaw to approve the Development Agreement for the Final Plat for Black Feather Apartments and give authorization for the Mayor and City Clerk to sign said agreement. The motion was carried by the following vote: Aye: Dingman, Radford, Francis, Burtenshaw. Nay - None. It was moved by Councilor Francis, seconded by Councilor Burtenshaw to accept the Final Plat for Black Feather Apartments and give authorization for the Mayor, City Engineer, and City Clerk to sign said Final Plat. The motion was carried by the following vote: Aye: Radford, Burtenshaw, Francis, Dingman. Nay - None. It was moved by Councilor Francis, seconded by Councilor Burtenshaw to approve the Reasoned Statement of Relevant Criteria and Standards for the Final Plat for Black Feather Apartments and give authorization for the Mayor to execute the necessary documents The motion carried by the following vote: Aye: Burtenshaw, Dingman, Francis, Radford. Nay - None. 6) Legislative Hearing for Consideration of an Ordinance approving the Anderson Bush Urban Renewal District. Mayor Casper opened the public hearing. Interim Director of Community Development Services Kerry Beutler appeared and presented as follows: Director Beutler indicated that there are 2 former Directors on the meeting remotely tonight to help with this item. Brad Cramer (Executive Director for Idaho Falls Redevelopment Agency) and Renee Magee are both online, as well as Meghan Conrad, Esq., from Elam and Burke who is the legal counsel for the Idaho Falls Redevelopment Agency. Brad Cramer appeared via Teams. Cramer stated that there is an ordinance to adopt an Urban Renewal Plan and to create a new District, and the ordinance was not in the packet but has been provided to Council members. The creation of the District will allow Tax Increment Financing to assist in the development of the property. This is the last major hurdle in a lengthy process. Cramer stated that to get to this point the district has already gone through an Eligibility Study and is approved by the board and city council. The Agency has also approved the Financial Feasibility Study (showing estimated values of the project), Planning and Zoning reviews the Plan to make sure it is consistent with the Comprehensive Plan. It takes a lot of people including staff, and the legal team to make it to this point. Cramer stated that on this site specifically there were numerous projects proposed on this site during Cramer's time with the City, and every developer walked away because of the high cost of rock removal. It took a paradigm shift to go to the micro-district model and Blake Jumper (developer) brought the project forward to see this site develop. Meghan Conrad will present the Plan and Renee Magee will present the Financial Feasibility.  680 Park Avenue City Council Meeting Idaho Falls, ID 83402 Minutes - Draft Meghan Conrad, Esq., Elam and Burke. Conrad started by explaining what an urban renewal plan is. An Urban Renewal Plan is not a contract, but it does present the framework within which plan implementation occurs to support the development objectives. Slide 1 – The area is approximately 48 acres east of Highway 20, west of North Boulevard, south of Science Center Drive and North of Anderson Street, and next to AH Bush Elementary School. 50% of this proposed revenue allocation area is vacant and underutilized. The areas north of Science Center and south of Anderson have been built out and this area development has been bypassed due to the impediments on the site, including basalt and other reasons outlined in the Eligibility Study and referenced in Section 103 of the Plan. Slide 2 – The Planning goals are centered around the development of 7 acres with 156 units of affordable housing. The Revenue Allocation Proceeds will be used to provide needed public infrastructure improvements and remove certain impediments to development. There are many steps that go into the creation of a plan and a project area, and those are outlined in slide 3: In August of 2022, the Eligibility Study was accepted by the Redevelopment Agency and City Council; The Redevelopment Agency reviewed and adopted the Plan on January 19, 2023; Planning and Zoning reviewed and found it in conformation with the City's Comprehensive Plan on February 7, 2023. This public hearing was published on February 24 and March 15, 2023, as well as the transmittal of the Plan and the Agency's Resolution to all the overlapping taxing districts for this area on or before February 24, 2023. Slide 3 – Idaho Code Section 50-2905. Conrad stated that they have looked at each of the separate elements and have referenced sections where the specific finding or element is addressed as they work their way through the Plan. There is a 10% valuation test that must be satisfied, which means that the combined base values of the existing Revenue Allocation Areas, plus this proposed Revenue Allocation Area cannot exceed 10% of the total taxable value of the City. That Test is set forth in Section 502.3. More specific statements of the project are found in section 301 and attachment 5, specifically, how are the proceeds going to be used to fund the improvements, and more specifically detailed in the Economic Feasibility Study that Renee Magee will go through. Detailed list of the project costs in Attachment 5 (Economic Feasibility Study). Fiscal impact statement showing the impact of the Revenue Allocation Area upon the overlapping taxing districts. Conrad stated that they are talking about the deferred ability for an overlapping taxing district to take the new development value and have it be on the new construction roll and available for overlapping taxing districts to use to increase budge capacity. The description of the methods of financing is throughout the plan in sections 303, 304, 309, 500 and Attachment 5 (Economic Feasibility Study). The termination date is in section 800 and is identified as the full 20 years, (December 31, 2043) and they could receive revenues into 2024. Description of disposition of assets in section 800. Slide 4 – Visual of 10% valuation limitation. The District is well below the 10% test. These values are as of July 2022. Renee Magee presented further: Slide 5 – The Economic Feasibility Study is to determine if the planned development (affordable housing project on 7 acres) will generate sufficient revenues to finance the proposed assistance necessary from the Idaho Falls Redevelopment Agency. Slide 6 – The projected tax revenues over a 20-year period should be sufficient to repay the developer approximately $2,255,000 for eligible improvements; and anticipated that roughly $3 million will be  680 Park Avenue City Council Meeting Idaho Falls, ID 83402 Minutes - Draft generated if the value of the development increases by 2% annually and the beginning levy rates are based on the 2022 levy rates. Slide 7 – Under the scenario considered in this study, the developer will fund the initial cost for impediments to the development of public infrastructure improvements. The developer's request includes basalt excavation, structural fill, utility trenching, and right-of-way improvements. There may be a need for the Agency to fund roughly $225,000 for right of way and public utility improvements over the life of the URA. Slide 8 – The identified projects are listed on page 295 and shown on the slide. The total cost is $2,480,000. The largest costs are anticipated to be rock excavation and structural fill of $1,150,000. Slide 9 – Using levy rates available in November 2022 it is anticipated that the tax increment revenues to be generated if the assessed value of the development increases 2% annually will be just over $3 million. Slide 10 – Revenue Projection. If formed in 2023, construction begins in 2023, and CO issued in 2025. The complex will generate approximately $2.9 million in tax increment revenues in 16 years under this scenario. A total of over $3 million should be generated. Slide 11 – Assumptions used. Revenue allocation proceeds will not flow to the Agency until 2027; MIL Levy will decrease by 2% annually; the value of new construction increase by 2% annually. The base value of the buildings in the district will increase by 1% annually. The base value is $6.4 million, which is the existing valuation. The new construction is valued at $19.5 million which is the estimate provided by the developer. This is a section 42 housing project, and the valuation is based on the income approach. An alternative scenario with an increase of 1% annually was included on pages 305 – 306. Under that alternative, if development only increases by 1% annually, it is estimated that the complex will generate over $2.8 million in 17 years. Slide 12 – Cash Flow. Repayment of the eligible cost and the advance of $38,000 will be in full in 2042 as shown on page 300 of the agenda packet. There should be sufficient revenues to cover administration and some additional public improvements.  680 Park Avenue City Council Meeting Idaho Falls, ID 83402 Minutes - Draft Slide 13 – Assumptions were made that the developer get $38,000 to prepare the urban renewal area and revenue allocation area; an inter-district loan of $30,000 to pay for administration in the beginning years of the District; repayment will be covered by OPA; 80% (not usual 75%) is paid to the developer on the OPA; 10% of the increment or less is budgeted to cover administrative expenses with one exception, the full 20% might be needed early on to repay the inter-district loan. The developer will be paid $2.3 million to cover rock removal and public infrastructure expenses and a $38,000 advance. Projections could be modified by changes in the economy, tax levy, timing, or changes in applicable Legislation. Meghan Conrad presented: Slide 14 – The Plan is in conformity with the City’s Comprehensive Plan. The Comprehensive shows as urban core and zoned for higher density residential, so it has met those requirements. Slide 15 – Limitation to Amendments. This is a post-2016 plan and subject to the requirements of Idaho Code 50-2903(A). If there is a plan amendment that is adopted, that could potentially trigger a base reset which would effectively eliminate the revenue stream. There are permissible modifications and exceptions. Slide 16 – Today is the time set for the public hearing and consider ordinance readings. There are a number of post-adoption tasks, including publication, recordation of the ordinance, and another round of transmittals. They are well within the statutory timeline to have a base year of January 1, 2023. Councilor Burtenshaw asked for clarification about page 305, as she understands that 80% will go to the developer, but the packet shows 85%. Magee stated that 85% goes to the developer under the 1% increase scenario and 80% to the developer under the 2% increase scenario. If Property values increase at 2% then it is an 80% scenario, if they increase at 1% then 85% will need to go to the developer. Councilor Francis asked about the hard copy of the Ordinance that was only received tonight, and could they table this until they have a chance to read and digest the Ordinance, and set a date certain, as he is reluctant to vote until he has read the hard copy of the Ordinance. He could vote for passage of the summary, which would tell what direction they are headed. Mayor Casper stated that another option is to recess for 15 minutes now. Councilor Burtenshaw stated that page 7 was in the packet, the only thing that wasn’t in the packet was the WHEREAS, so the summary section is the same, and the 1st page of the whereas is the history, they are looking at a few pages 3-6 to be read during a recess. Councilor Francis agreed that a short break would be ok and vote tonight. Mayor Casper asked if there is a time frame that is delicate for this item. Brad Cramer stated that from the Agency's perspective it is ok, but developer financing and tax credit issues could be a problem. Brad Cramer would like the Council to review during a recess. Blake Jumper (developer) stated that from a timing perspective this is the catalyst for making this project feasible and the financing is contingent on securing the approval. Jumper asked what the time frame would be for delay if the approval didn't occur tonight. Jumper stated that approval tonight would be beneficial. Mayor Casper stated that if the Council did delay it would be April 13, 2023.  680 Park Avenue City Council Meeting Idaho Falls, ID 83402 Minutes - Draft Blake Jumper presented that he approached Cramer about the property about 1 year ago, and after some investigation, he loved the location close to downtown, but the problem was the basalt rock and a lot of topography. There was no way to make the project feasible without assistance. The Low-Income Housing Tax Credit Program is the type of financing he uses for affordable housing projects, and the only way to secure those funds is to have a local investment with TIF, Grants, or other modes of assistance. Jumper stated that the project is 156 total units. 153 are affordable units, rent, and income-restricted for households at or below 60% AMI. (Family of 4 in Bonneville County could earn no more than $58,000-$60,000 annually) the incomes are lower as you move through the threshold. Jumper thanked Cramer, Magee, and Conrad who have put effort into this project. No one appeared in support or opposition. Mayor Casper closed the public hearing. Mayor Casper called a recess at 9:38 p.m. Mayor Casper readjourned at 9:53 Councilor Burtenshaw thanked all those that participated as they do a large amount of work on behalf of the city, and she is grateful for their experience. Councilor Francis likes that the affordable housing project is the key piece, as it makes a difference in the city. Mayor Casper stated that this is bounded in a way that enhances the neighborhood. It was moved by Councilor Burtenshaw, seconded by Councilor Francis to approve the Ordinance approving the Anderson Bush Urban Renewal District under suspension of the rules requiring three complete and separate readings and request that 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 was carried by the following vote: Aye: Burtenshaw, Radford, Dingman, Francis. Nay: None. At the request of Mayor Casper, the City Clerk read the ordinance by title only: ORDINANCE NO. 3508 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IDAHO FALLS, IDAHO, APPROVING THE URBAN RENEWAL PLAN FOR THE ANDERSON BUSH URBAN RENWAL PROJECT; WHICH PLAN INCLUDES REVENUE ALLOCATION FINANCING PROVISIONS AUTHORIZING THE CITY CLERK TO TRANSMIT A COPY OF THE ORIDNANCE AND OTHER REQUIRED INFORMATION TO THE COUNTY AND STATE OFFICIALS AND THE EFFECTED TAXING ENTITIES, PROVIDING SERVABILITY CODIFICATION AND PUBLICATION BY SUMMARY, PROVIDING FOR A WAIVER OF THE READING RULES AND PROVIDING AN EFFECTIVE DATE. 7) Resolution approving the Eligibility Report for the Stanley Boge Urban Renewal District. Mayor Casper indicated that the Eligibility Report is in the packet, and the action item is to approve the Resolution. Brad Cramer stated that this is an eligibility report for the proposed Stanley Boge District. Cramer indicated that per Idaho Code a study must be done to show that the area meets one of the 14 criteria outlined in the Code. Cramer stated that the developers looking to create this district want to do a project on the northeast portion of the site, they did look at a larger boundary knowing that some of the  680 Park Avenue City Council Meeting Idaho Falls, ID 83402 Minutes - Draft same issues that the developer is experiencing exist elsewhere in the development and it is not less of a process to look at one parcel versus many, so they are looking at a larger boundary. Renee Magee thanked Brian Stevens and other City Staff for getting her the information she needed to compile the data. Magee presented: Slide 1 – The purpose of the Eligibility Study is to determine if all or a portion of approximately 113 acres meets one or more of the criteria outlined in Idaho Statutes for an urban renewal area. Slide 2 – Aerial with study area outlined in red. The west boundary is North Boulevard, and the north boundary is US 20 and Stanley Street. The eastern property lines of the lot line to the east of Boge Ave and its extension south are the eastern boundary. The Southern boundary is bordered by the Union Pacific Railroad and Anderson Street. This area is an industrial area. Slide 3 – Summary of Statutory Criteria – the full list is found on pages 338 and 339. The criteria bolded are the ones that have been found to be applicable: inadequate street layout, faulty lot layout, unsafe conditions for pedestrians, outmoded street patterns, unsuitable topography, lack of correlation with streets in the municipality, conditions that retarded development; conditions which impair sound growth of a municipality. Slide 4 – Executive Summary. The Executive Summary summarizes the findings in one page. 1) unsuitable topography and conditions that retard development with the underlayment of widespread basalt, which increases the cost of development; 2) North Boulevard is not up to City standards, and the area lacks curb, gutters, and sidewalk, and no stormwater retention system. In the south portion of the study area that was developed in the 50s and 60's there are private lots with no direct access to a public street, and until there is additional access to Boge there is an issue with emergency access; 3) unsafe conditions for pedestrians on North Boulevard 4) Some parcels are landlocked, parcels are too small for modern development unless combined. Slide 5- Preliminary Geotechnical Investigation. (Lots 1-5 Block 1 Premier Business Park) Approximately 6.3 acres and the reddish-brown portion shows the basalt located at 0’-3’ below the surface; the tan areas are 3’-6’ below the surface. Slide 6 – Google Photo of North Boulevard showing no curb or sidewalk. Slide 7 – Aerial of the southern portion of the study area. The narrow blacklines show parcels with no internal public streets for approximately 30 acres and multiple parcels. Boge Ave is dedicated to Anderson Street, the parcel south of the southernmost curve of Boge Ave, and is privately owned. Access to the parcels on the extreme southeastern portion (5 Parcels) is provided by a 25' wide parcel owned by Idaho Falls. One or more of the statutory criteria applies to this study area of 113 acres. Magee stated that the Agency or City Council is not bound to create a District, this finding is only finding eligibility. It was moved by Councilor Burtenshaw, seconded by Councilor Francis to approve the Resolution Approving the Eligibility Report for the Stanley Boge Urban Renewal District and give authorization for the Mayor and City Clerk to execute the necessary documents. The motion was carried by the following vote: Aye: Dingman, Burtenshaw, Francis, Radford. Nay - None. RESOLUTION NO. 2023 - 07 A RESOLUTION OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, DETERMINING A CERTAIN AREA WITHIN THE CITY, ALSO REFERRED TO AS THE STANLEY BOGE AREA, TO BE A DETERIORATED AREA AND/OR A DETERIORATING AREA AS DEFINED BY IDAHO CODE  680 Park Avenue City Council Meeting Idaho Falls, ID 83402 Minutes - Draft SECTIONS 50-2018(8), (9) AND 50-2903(8); DIRECTING THE URBAN RENEWAL AGENCY OF THE CITY OF IDAHO FALLS, ALSO KNOWN AS THE IDAHO FALLS REDEVELOPMENT AGENCY, TO COMMENCE THE PREPARATION OF AN URBAN RENEWAL PLAN SUBJECT TO CERTAIN CONDITIONS, WHICH PLAN MAY INCLUDE REVENUE ALLOCATION PROVISIONS FOR ALL OR PART OF THE AREA; AND PROVIDING THAT THIS RESOLUTION BE EFFECTIVE UPON ITS PASSAGE, APPROVAL, AND PUBLICATION ACCORDING TO LAW. D. City Attorney 1) 2023 Records Destruction Resolution Michael Kirkham, Esq., appeared and presented: Every year they bring to the Council a list of records that have been designated for the Council's approval to destroy. Records that have no historical or business value to retain. With the Council's approval, staff will dispose of those records. Kirkham stated that they usually just shred the documents, although the police department might cremate some of their records. It was moved by Councilor Radford, Seconded by Councilor Francis to approve the 2023 Records Destruction Resolution to Destroy Certain Temporary Records, Pursuant to Idaho Code 50-97. The motion was carried by the following vote: Aye: Francis, Dingman, Radford, Burtenshaw. Nay - None. RESOLUTION NO. 2023-08 A RESOLUTION OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, PROVIDING FOR THE CLASSIFICATION AND DESTRUCTION OF CERTAIN TEMPORARY PUBLIC RECORDS UNDER IDAHO CODE § 50-907; PROVIDING THIS RESOLUTION TO BE EFFECTIVE UPON ITS PASSAGE AND APPROVAL AND PUBLICATION ACCORDING TO LAW. 4. Announcements Mayor Casper stated that the Mayor Scholarship Fund Awards event is on April 4 at 7 p.m. 50+ will receive awards. Easter on April 9. Zoo cleanup has been rescheduled and community members can come and help when it is rescheduled. Mayor Casper got a message tonight from an acquaintance of hers. They had a conversation with a service missionary, who is blind, and working in the community, and she expressed how grateful she is for the GIFT Transportation system in the city. 5. Adjournment. There being no further business, the meeting adjourned at 10:12 PM. s/ Corrin Wilde s/Rebecca L. Noah Casper Corrin Wilde, City Clerk Rebecca L. Noah Casper, Mayor