City Council

680 Park Avenue City Council Meeting Idaho Falls, ID 83402 Minutes Thursday, March 14, 2024, 7:30 PM City Council Chambers 1. Call to Order Present: Councilor Radford, Councilor Ziel-Dingman, Councilor Freeman, Councilor Francis; and Councilor Larsen. Also present: All available Department Directors Micheal Kirkham, City Attorney Corrin Wilde, City Clerk Absent: Mayor Rebecca L Noah Casper Council President Burtenshaw 2. Pledge of Allegiance Councilor Ziel-Dingman led those present in the Pledge of Allegiance. Public Comment: No one appeared. Consent Agenda A. Municipal Services 1. Third Quarter Impact Fee Report. Ordinance 3510 requires quarterly and annual reports to be provided to the Impact Fee Advisory Committee and Council. The report is for the third quarter, December 1 through February 29, 2024. A total of $1,783,311.87 has been received in impact fee payments for the quarter, with $638,335.07 of impact fees outstanding, pending the request and issuance of permits. 2. Bid IF-24-07, Pumps & Motors for Well 13 Project. Bids for IF-24-07 were due on Thursday, February 29, 2024. Only one bid was received and it was from American Pump & Drilling Company. This project will replace current pumps and motor equipment at Public Works, Water Well #13. The request for this item is to accept and approve the lowest responsive responsible bidder, American Pump & Drilling Company, for $367,405.00. 3. Bid IF-24-09, Engine Generator & Transfer Switch Equipment for Well 13 Project. Bids were received for IF-24-09 on Thursday, February 29, 2024. A total of 3 bids were received. This project will replace the engine generator and transfer switch equipment at Public Works, Well 13. The request for this item is to accept and approve the lowest responsive responsible bidder, Legacy Power  680 Park Avenue City Council Meeting Idaho Falls, ID 83402 Minutes Systems for a total of $443,971.00 for the engine generator and transfer switch equipment at Public Works, Well 13. 4. Approval of Change Order for Fuel Dispenser Replacement and Upgrade Leonard Petroleum was contracted by the City to replace and upgrade the fuel dispensers at the Fleet Maintenance Facility. The fuel dispensers were over 13 years old and were scheduled for replacement. The original quote received was $69,581.35. After beginning the project, Leonard Petroleum identified additional specialty electrical wiring and emergency hose breakaway fittings that needed to be replaced to operate the new dispensers. The new total project cost is $83,845.00. The request for this item is to Approve the change order from Leonard Petroleum Equipment for $14,263.65. B. Public Works 1. Bid Award - Seal Coats 2024 On Tuesday, March 5, 2024, bids were received and opened for the Seal Coats 2024 project. A tabulation of bid results is attached. The purpose of the proposed project bid award is to contract with the lowest bidder to perform seal coats on various city streets. The request for this item is to approve the plans and specifications for the Seal Coats 2024 project; award to the lowest responsive, responsible bidder, HK Contractors, for $1,097,370.52; and give authorization for the Mayor and City Clerk to execute the necessary documents. 2. Bid Award - Street Overlays 2024 On Tuesday, March 5, 2024, bids were received and opened for the Street Overlays 2024 project. A tabulation of bid results is attached. The purpose of the proposed project bid award is to contract with the lowest bidder to perform overlays on various city streets. The request for this item is to approve the plans and specifications, award to the lowest responsive, responsible bidder, HK Contractors, for $2,269,000.00; and give authorization for the Mayor and City Clerk to execute the necessary documents. 3. Bid Award - Pancheri Drive Bridge over Snake River Rehabilitation On Tuesday, March 5, 2024, bids were received and opened for the Pancheri Drive Bridge over the Snake River Rehabilitation project. A tabulation of bid results is attached. The project involves the replacement of a bridge girder, beam seats, sidewalk, and deck rehabilitation. The request for this item is to approve the plans and specifications, award to the lowest responsive, responsible bidder, Cannon Builders, for $2,411,710.45; and give authorization for the Mayor and City Clerk to execute the necessary documents C. Idaho Falls Power 1) IFP-24-15 Upper Plant Right Dike Rip Rap Idaho Falls Power (IFP) solicited bids from qualified contractors to install rip rap at the Upper Plant to protect the shoreline structures of the right dike against scour and erosion. Two bids were received with Depatco being the lowest responsive, responsible bidder and one bid was non-responsive. The request for this item is to accept and approve the bid award to Sunroc Corp. dba Depatco of Idaho Falls, Idaho to install rip rap at the Upper Plant for a total price of $77,335.00 and give authorization for the Mayor and City Clerk to execute the necessary documents.  680 Park Avenue City Council Meeting Idaho Falls, ID 83402 Minutes D. City Attorney 1) Amendment to the Downtown Parking Memorandum of Understanding (MOU) between Idaho Falls Downtown Development Corporation (IFDDC) and the City of Idaho Falls. On January 25, 2024, the City and IFDDC entered a Memorandum of Understanding that continued IFDDC parking management services for the City's downtown area. This new MOU removed snow removal services that were part of the previous MOU. In adjusting the amount to be paid to IFDDC, the amount owed to IFDDC was inadvertently reduced to seventy-seven thousand dollars ($77,000) a year, which was the amount paid under a previous MOU before IFDDC provided snow removal services. However, the City and IFDDC had agreed upon ninety-two thousand two hundred dollars ($92,200) a year. The amendment clarifies the amount owed under the January 25, 2024 MOU. The request for this item is to approve the amendment to the Downtown Parking Memorandum of Understanding between IFDDC and the City of Idaho Falls. E. Office of the City Clerk 1. Minutes from the Council Meetings. 11 January 2024. 2. License Applications, all carrying the required approvals It was moved by Councilor Larsen, 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 Radford, Freeman, Francis, Dingman Larsen. Nay – None 5. Regular Agenda A. Airport 1) Approval of 2024’s Taxiway Pavement Maintenance design, bidding, and construction management services. As part of the Idaho Falls Regional Airport's planned maintenance on the airfield, this 2024 pavement maintenance project will crack seal, seal coat, and remark Taxiways A, B, and C and the associated connecting taxiways. The services in this agreement are included in the T-O Engineers, Inc. 5-year Master Agreement for Professional Services approved at the April 25, 2019, City Council meeting. Ardurra acquired and merged with T-O Engineers, Inc. in the Fall of 2022. The professional services are expected to cost $291,858.67 for the design, bidding, and construction administration services on the project. It is estimated another $650,000 will be needed for the construction portion of the project, and approval for that payment will be presented and requested at a future meeting. Both costs are anticipated to be funded primarily through an FAA AIP grant covering 93.75% of the cost with the remaining 6.25% paid with local funds. The local match of $18,241 on this project will come from airport budgeted funds for FAA projects. Assistant Director Bruce Young introduced the agenda item concerning periodic runway maintenance. This part of the design includes sealing cracks and other minor repairs as part of the Taxiway maintenance plan. We expect these repairs to be reimbursed by a future grant from the AIP program.  680 Park Avenue City Council Meeting Idaho Falls, ID 83402 Minutes The design phase of this project costs $291,858.67, with an additional estimated $650,000 for construction. It was moved by Councilor Radford, seconded by Councilor Freeman to approve the professional services agreement with Ardurra Group, Inc. and authorize the Mayor and staff to execute the agreement. The motion was carried by the following vote: Aye – Councilors Larsen, Dingman, Freeman, Francis, Radford. Nay – None B. Municipal Services 1) Addition to Parks and Recreation Fleet - One 2024 Groundsmaster Mower. In addition to the mower, this purchase will include one atomic blade service pack with seven blades and MVP Kit 1,000 hour, PX Hydraulic Fluid. The delivery estimate is approximately 18-24 months post- order and includes a 10% budgetary cap of $14,605.47, for a not-to-exceed price of $146,063.33. Director Alexander explains that any additions to the fleet, such as this sizable mower, are always included in the regular agenda due to our MERF program. This helps distinguish new equipment from replacements. She says they are proceeding with this purchase now due to an anticipated 18–24-month manufacturing delay. Councilor Larsen pointed out that this is a budgeted item. Councilor Dingman agreed that it is a budgeted item as part of our replacement program and unfortunately, with some equipment, it can take a few years to receive it. Councilor Francis noted that this purchase is partly because we have taken over more canal banks and have more to mow than we used to. It was moved by Councilor Larsen, seconded by Councilor Francis to accept and approve the purchase of one Groundsmaster 5900 (T4) from the Sourcewell cooperative purchasing contract #031121-TTC from Turf Equipment & Irrigation, Inc. for a not-to-exceed amount of $146,063.33. The motion carried by the following vote: Aye – Councilors Larsen, Radford, Dingman, Freeman, Francis Nay -None. 2) RFP 24-02, Specialty Vehicle Up-Fitting for the Police Department Request for Proposal 24-02, Specialty Vehicle Up-Fitting, was published for the Police Department on January 17, 2024, with all proposals due Tuesday, February 20, 2024. The City received only one proposal from Day Wireless Solutions, located in Idaho Falls. This professional services contract included quotes to install law enforcement City-provided operating equipment into Police Department vehicles including, patrol, unmarked, K-9, and animal control. City Council approved the Police Department vehicle leasing program for a total not-to-exceed amount of $1.5M on Thursday, January 11, 2024, and adopted resolution 2024-04 authorizing the execution of the lease-purchase agreement on Monday, February 20, 2024. Director Alexander confirmed the presence of Police Chief Johnson and Captain Marley. She then introduced a plan for upgrading specialized vehicles, which include patrol cars, unmarked cars, K9 units, and animal control vehicles. The City plans to purchase the necessary equipment and have it installed by Day Wireless, a local company that offered the lowest bid. The City will buy the equipment and deliver it to Day Wireless for  680 Park Avenue City Council Meeting Idaho Falls, ID 83402 Minutes installation. The cost of this installation is covered under the $1.5 million vehicle replacement program discussed at a previous meeting. All new or replaced vehicles in our fleet will be equipped by Day Wireless, as recommended by the Police Department. This ensures that all vehicles have the necessary equipment installed. Councilor Dingman highlighted that there is a lot of equipment needed in police vehicles to ensure officer and passenger safety as well as communication abilities. Councilor Freeman noted that the police department no longer removes old equipment from vehicles when replacing them, as there is a market for fully equipped used police vehicles. He also noted that the equipment takes a lot of wear and tear from heavy use. Councilor Francis pointed out that Day Wireless is a local business that has expanded its capacity to equip multiple vehicles at once, which should expedite the process. It was moved by Councilor Freeman, seconded by Councilor Larsen to approve a professional services contract with Day Wireless Systems to upfit Police vehicles with the understanding that these upfitting costs are included in the previously approved vehicle leasing program not-to-exceed amount of $1.5M and give authorization for the Mayor to execute the necessary documents. The motion was carried by the following vote: Aye – Councilors Francis, Dingman, Freeman, and Larsen. Nay – Councilor Radford. C. Public Works 1) Ordinance Amending Title 8, Chapter 1, Sewers. Ordinance revising Title 8, Chapter 1, Sewers. The proposed changes were made in response to comments received by the Idaho Department of Environmental Quality as part of their review of the City’s Wastewater Pretreatment Program. Director Fredericksen stated that they are looking to amend the Ordinance regarding sewers. He noted that there was a minor text change from what was included in the packet in reference to a thousand dollars fine. These small changes were suggested during a review of our pretreatment program by the Idaho Department of Environmental Quality. This is the first time the department has conducted this review; previously, it was handled by the EPA office. The changes include adjustments to the acceptable PH levels and flow rates, as well as corrections to some terminology related to quality and quantity. There are two changes related to the permissible slug load, essentially prohibiting slug loads. The document also refers to best management practices. The $1000 fine for violations, which is part of our fee resolution, will be reintroduced in our Ordinance. Director Fredricksen says the section on slug loads is crucial to our plant. Any chemical changes that could disrupt our biological treatment processes are of significant importance and can be reported to the plant.  680 Park Avenue City Council Meeting Idaho Falls, ID 83402 Minutes Councilor Francis asked Director Fredericksen to clarify the term “Slug”. Director Fredericksen explained that a “Slug” refers to any discharge that goes beyond the allowed concentration or flow rate, which could potentially violate our discharge permit. That’s essentially what “Slug load” means. Councilor Francis asked if the Ordinance requires accidental discharges to be reported to the wastewater plant. Director Fredericksen confirmed this, saying that this rule helps the plant handle situations that could seriously interfere with its operations and cause permit violations. Councilor Francis asked Director Fredericksen for clarification. They accept discharge that’s a bit more acidic, but it doesn’t impact the process. Director Fredericksen agreed and explained that the proposal is to adjust the acceptable PH from 6.5 to 5. This PH range is similar to substances like rainwater, beer, orange juice, and egg yolks. So, the change is minor. It was moved by Councilor Larsen, seconded by Councilor Francis to approve the Ordinance amending Title 8, Chapter 1, Sewers 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 was carried by the following vote: Aye – Councilors Freeman, Francis, Larsen, Radford, and Dingman. Nay - None. At the request of Councilor Dingman, the City Clerk read the ordinance by title only: ORDINANCE NO. 3560 AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, AMENDING TITLE 8, CHAPTER 1, OF THE IDAHO FALLS CITY CODE TO CONFORM THE SEWER ORDINANCE TO IDAHO DEPARTMENT OF ENVIRONMENTAL QUALITY ADMINISTRATIVE JURISDICTION; AMENDING RELATED DEFINITIONS, PROCESSES, AND PENALTIES; PROVIDING SEVERABILITY, CODIFICATION, PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE. 2) Amendment to the Consultant Agreement with Keller Associates for the Rails to Trails Conversion Project. Proposed Amendment to the consultant agreement with Keller Associates for the Rails to Trails project. The original agreement was entered into on May 2, 2023, to provide design services associated with the conversion of the railway fronting the Library and Idaho Falls Power building. The proposed Amendment adds scope and budget to further refine design along the frontage of these city properties. Director Fredricksen stated that this item involves an amendment to the consultant agreement with Keller and Associates for the Rails to Trails project. Initially, the project was expected to cost $44,000. However, as the project progressed, it became clear that additional work was needed, particularly for the areas in front of the Idaho Falls Library and the Idaho Falls Power building. The original plan, which included 11 different tasks, was included in the Council packet. Due to the additional work, the cost increased by $38,400. Of this increase, $25,900 is related to issues at Idaho Falls Power, and the rest is for work requested by the library.  680 Park Avenue City Council Meeting Idaho Falls, ID 83402 Minutes Councilor Dingman asked Director Fredericksen to explain the Rails to Trails project. Fredericksen explained that they had previously negotiated with a railroad company to purchase an abandoned piece of railway. This track stretches from the Yellowstone highway and crosses the Snake River. Director Fredericksen stated that the acquisition process has been completed and now would like to develop that into a multi-use trail. This trail will provide easier access to the riverwalk and several city properties, including the Idaho Falls Power building and the library. To make this happen, they need to make several improvements. These include making the bridge safer and improving the area near Idaho Falls Power. They also plan to install rapid flashing beacons at one spot and a Hawk signal to help people safely cross the Capital. Councilor Francis pointed out that this design work will be making some adjustments to the way the library parking lot is done and making it efficient for the way the walkway comes in because it does come in front of the library and then also moving the walkway a little bit so that it can accommodate some needs for Power for their parking. This should be a really good addition to what is being planned. It was moved by Councilor Francis, seconded by Councilor Larsen to approve the Amendment to the owner consultant agreement with Keller Associates for the modified design work on the Idaho Falls Rails to Trails project for 38,400 dollars. The motion was carried by the following vote: Aye – Councilors Dingman, Radford, Francis, Larsen, Freeman. Nay - None. D. 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 approximately 1.791 acres in the Southeast ¼ of Section 6, Township 1 North, Range 38 East. Annexation and Initial Zoning of P, Public Zone which includes the Annexation Ordinance and Reasoned Statement of Relevant Criteria and Standards for approximately 1.791 acres in the Southeast ¼ of Section 6, Township 1 North, Range 38 East. The Planning and Zoning Commission considered this item at its February 6, 2024, meeting and unanimously voted to recommend approval of the annexation with initial zoning of P, Public Zone. Councilor Dingman opened the hearing and requested that all submitted items be included in the permanent record. She then invited the applicant, represented by Community Development Services Director Wade Sanner, to present his report. Director Sanner explained that the City is the applicant for annexation request 23-008, which seeks to annex just under 2 acres of City-owned property located on 65th South, roughly between 5th and Holmes. This is a Category A annexation. Director Sanner says that a water well was constructed on this property in 2018, but it did not become contiguous with the city until 2021. Now that it is contiguous, the City is requesting its annexation into city boundaries. The requested zoning is P (Public) due to its public use. Although the transect for this property is mixed-use centers, the public use justifies the P zoning request.  680 Park Avenue City Council Meeting Idaho Falls, ID 83402 Minutes This annexation request was presented to the Planning and Zoning Commission on February 6th, where it received unanimous approval with no public comments. Councilor Dingman closed the hearing. It was moved by Councilor Larsen, seconded by Councilor Radford to approve the Ordinance annexing approximately 1.791 acres in the Southeast ¼ of Section 6, Township 1 North, Range 38 East; assign a Comprehensive Plan Designation of “Mixed-Use Centers and Corridors;” and under a suspension of the rules requiring three complete and separate readings, request that it be read by title and published by summary. The motion was carried by the following vote: Aye – Councilors Radford, Freeman, Francis, Dingman, Larsen. Nay - None. At the request of Councilor Dingman, the City Clerk read the ordinance by title only: ORDINANCE NO. 3561 AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO; PROVIDING FOR THE ANNEXATION OF 1.791 ACRES, IN THE SOUTHWEST QUARTER OF SECTION 6, TOWNSHIP 1 NORTH, RANGE 38 EAST DESCRIBED IN EXHIBIT A OF THIS ORDINANCE, AMENDING THE LEGAL DESCRIPTION OF THE CITY WITH THE APPROPRIATE COUNTY AND STATE AUTHORITIES; AND PROVIDING SEVERABILITY, PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE. It was moved by Councilor Larsen, seconded by Councilor Radford to approve the Reasoned Statement of Relevant Criteria and Standards for the annexation of approximately 1.791 acres in the Southeast ¼ of Section 6, Township 1 North, Range 38 East and give authorization for the Mayor to execute the necessary documents. The motion was carried by the following vote: Aye – Councilors Larsen, Dingman, Freeman, Francis, Radford. Nay - None. 2) Legislative Public Hearing-Part 2 of the Annexation and Initial Zoning of P, Public Zone, Initial Zoning Ordinance and Reasoned Statement of Relevant Criteria and Standards for approximately 1.791 acres in the Southeast ¼ of Section 6, Township 1 North, Range 38 East. It was moved by Councilor Larsen, seconded by Councilor Radford to approve the Ordinance establishing the initial zoning for P, Public Zone, as shown in the Ordinance exhibits under a suspension of the rules requiring three complete and separate readings; and request that it be read by title and published by summary; that the City limits documents be amended to include the area annexed herewith; and that the City Planner be instructed to reflect said annexation, amendment to the Comprehensive Plan, and initial zoning on the Comprehensive Plan and Zoning Maps located in the Planning office. The motion was carried by the following vote: Aye – Councilors Larsen, Radford, Dingman, Freeman, Francis. Nay - None. At the request of Councilor Dingman, the City Clerk read the ordinance by title only: ORDINANCE NO.3562 AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO; PROVIDING FOR THE INITIAL ZONING OF THE PROPERTY DESCRIBED IN EXHIBIT A OF THIS  680 Park Avenue City Council Meeting Idaho Falls, ID 83402 Minutes ORDINANCE AS P, PUBLIC ZONE; AND PROVIDING SEVERABILITY, PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE. It was moved by Councilor Dingman, seconded by Councilor Radford to approve the Reasoned Statement of Relevant Criteria and Standards for the initial zoning of P, Public Zone, and give authorization for the Mayor to execute the necessary documents. The motion was carried by the following vote: Aye–Dingman, Francis, Freeman, Larsen, Radford. Nay - None. 3) Legislative Public Hearing-Part 1 of 2 of the Annexation and Initial Zoning-Annexation Ordinance and Reasoned Statement of Relevant Criteria and Standards for approximately 28.408 acres, part of the Northwest ¼ of Section 4, Township 1 North, Range 38 East. Annexation and Initial Zoning of R2, Mixed Residential and R3A, Residential Mixed Use which includes the Annexation Ordinance and Reasoned Statement of Relevant Criteria and Standards for approximately 28.408 acres, part of the Northwest ¼ of Section 4, Township 1 North, Range 38 East. On February 6, 2024, the Planning Commission voted to recommend approval of the annexation with initial zoning of R2 and R3A to the Mayor and City Council with a vote of 4-2. Councilor Dingman opened the hearing and requested that all submitted items be included in the permanent record. She then invited the applicant, represented by Barry Bane with Connect Engineering, 2295 North Yellowstone, Suite 6, Idaho Falls, Idaho. Mr. Bane stated that the property owner requested a Category A annexation for just over 28 acres near the corner of 49th and 15th, contiguous to the city. The initial zoning sought is R3A for the north portion and R2 for the rest. The zoning map shows R3A contiguous to R3A across the street and R2 as a step- down zone. The Comprehensive Plan identifies the area as general urban, with a small suburban portion in the SW corner. Mr. Bane explained that during a neighborhood meeting, residents discussed the preliminary plat and zoning. Initially, R3A was planned further south, but residents preferred it in the north. Spot zoning was not allowed, so the R3A area was minimized. R2 was chosen over R1 due to better lot coverage (80% vs. 40%). Plans will align with this zoning. R3A and R2 are supported by the land use map and current land use. Impact fees will fund road upgrades and improve connectivity and walkability. Councilor Freeman clarified the size of the R3A zoning being 3.14 acres. Mr. Bane agreed, he added that there is one parcel that has a shop on it, and in that shop is a business that performs environmental engineering and that is not allowed in R2; to allow that use to continue, they have asked for an R3A zone for that area. Director Sanner reported on the annexation of over 28 acres. The area is surrounded by R3A zoning to the north and single-family homes to the south and north. Properties to the east and west are zoned A1. The northern part of the annexation is generally urban, while the southern part is suburban. An R3A zoning is proposed for the north to accommodate a business. Future access to the southern portion will provide secondary access.  680 Park Avenue City Council Meeting Idaho Falls, ID 83402 Minutes The Planning and Zoning Commission reviewed this on February 6th, recommending approval to the City Council with a 4-2 vote. They discussed R1 and R2 zoning, with neighbors concerned about R2 density. The property to the east is an equestrian center, influencing density considerations. The commission concluded that R2 zoning would better transition into R1, leading to the majority vote in favor. Public Testimony: Sheldon Dance, 5295 South 15th East, Idaho Falls, Idaho. Mr. Dance’s property borders the south and west sections of the proposed development. The majority of the existing surrounding area is zoned R1(single-family residential). The proposed development includes both R1 and R2 (medium-density residential) zoning. Mr. Dance expressed concerns that the R2 zoning is not necessary, as the proposed plans could fit within the existing R1 zoning in the area. He noted that in the nearby Sandstone subdivision, which is zoned R1, there are only 2 houses with detached additional units, suggesting the R2 zoning may not be needed. Greg Hodson, 1598 E 49th South, Idaho Falls, Idaho. Mr. Hodson expressed several concerns about the proposed new development. Mr. Hodson is worried the new development will propose will pose safety risks and attract children, who currently have no place to play in the community. Mr. Hodson stated they already have frequent issues with the power grid being compromised, and he thinks keeping the new development to a lower density would help with this. Mr. Hodson is concerned about the increased traffic on 49th Street, making it difficult for him and his neighbor to pull out with their trucks and trailers. He believes a lower-density development would help alleviate the traffic issues. Pat Dance, 5295 South 15th East, Idaho Falls, Idaho. Ms. Dance appreciates the time and effort the City has put into the zoning meetings and recognizes the importance of property rights. Ms. Dance is concerned that the City is overlooking the property rights of the small acreage owners in the area and pushing for commercial development. She acknowledges the City’s desire for zoning variety and appreciates the recent zoning changes made on 15th Street and 49th Street. Ms. Dance recommends keeping the R1 zoning south of 49th and east of 15th to maintain the open, residential character of the area, rather than allowing it to transition to higher-density R2 zoning. Mike Hicks, 284 Palamino, Idaho Falls, Idaho. Mr. Hicks lives in the area and has always lived on small acreages as the city has expanded around him. He is trying to focus on the future use of the property and ensure that homeowners have flexibility and latitude in how they can use the land. The original plan was to have the entire area zoned R1, but they realized this would overly restrict the future use of the property, as homeowners would be limited in what they could do on an 8000 sq ft lot. Changing the zoning to include some R2 areas, allows for more flexibility for homeowners to make additions, accessory dwelling units, etc. without being as restricted by the lot coverage requirements. He says the goal is to ensure that future homeowners have more options and aren't overly restricted in how they can use the property they purchase. City Attorney Michael Kirkham reminded the Council that they are to consider the comprehensive plan and the uses that would be permitted with the zoning being proposed. Mr. Bane says the biggest point that he would like to make is that he feels the R3A and the R2 do fit the comprehensive plan, the comp plan map of the general urban supports. Councilor Dingman closed the hearing and asked for Council deliberations.  680 Park Avenue City Council Meeting Idaho Falls, ID 83402 Minutes Councilor Radford thanked the people who gave testimony, he said he had reviewed this proposal with Director Sanner and noted that the unique shape of the property extended across multiple parts of the comprehensive plan, requiring an open discussion. Councilor Francis questioned whether the rezoning would be incompatible with the surrounding area, given the mix of zones. Councilor Larsen emphasized the importance of respecting the property owner's rights and ensuring the proposal was consistent with the master plan, while also highlighting the need for predictability in land use decisions. Councilor Francis agreed, noting the value of housing diversity and walkable centers, though acknowledging the challenges in balancing competing interests. The Council members discussed power issues and service improvements in the area. Councilor Freeman explained that once the property is annexed, it will fall under the jurisdiction of Idaho Falls Power, which will take over the power service in that area. He says this will most likely improve the power services quality for residents, currently, services are provided by Rocky Mountain Power. Councilor Francis acknowledged the difficulty of land use decisions and respects the developer's need to ensure the project pencils out financially. He feels the proposed zoning is compatible with the surrounding area and beneficial in terms of power service. Councilor Dingman agreed. It was moved by Councilor Radford, seconded by Councilor Larsen to approve the Ordinance annexing approximately 28.408 acres, part of the Northwest ¼ of Section 4, Township 1 North, Range 38 East; assign a Comprehensive Plan Designation of “General Urban and Suburban;” and under a suspension of the rules requiring three complete and separate readings, request that it be read by title and published by summary. The motion was carried by the following vote: Aye – Councilors Francis, Dingman, Freeman, Larsen, Radford. Nay - None. At the request of Councilor Dingman, the City Clerk read the ordinance by title only: ORDINANCE NO. 3563 AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO; PROVIDING FOR THE ANNEXATION OF APPROXIMATELY 28.408 ACRES DESCRIBED IN EXHIBIT A OF THIS ORDINANCE, AMENDING THE LEGAL DESCRIPTION OF THE CITY WITH THE APPROPRIATE COUNTY AND STATE AUTHORITIES; AND PROVIDING SEVERABILITY, PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE. It was moved by Councilor Radford, seconded by Councilor Larsen to approve the Reasoned Statement of Relevant Criteria and Standards for the annexation of approximately 28.408 acres, part of the Northwest ¼ of Section 4, Township 1 North, Range 38 East, and give authorization for the Mayor to execute the necessary documents. The motion was carried by the following vote: Aye – Councilors Freeman, Radford, Francis, Dingman, Larsen. Nay - None. 4) Legislative Public Hearing-Part 2 of the Annexation and Initial Zoning of R2, Mixed Residential and R3A, Residential Mixed use, Initial Zoning Ordinance and Reasoned Statement of Relevant Criteria and Standards for approximately 28.408 acres as Part of the Northwest ¼ of Section 4, Township 1 North, Range 38 East. Part 2 of 2 of the application for Annexation and Initial Zoning of R2, Mixed Residential and R3A, Residential Mixed Use which includes the Initial Zoning Ordinance and Reasoned Statement of Relevant Criteria and Standards for approximately 28.408 acres in the Northwest ¼ of Section 4, Township 1  680 Park Avenue City Council Meeting Idaho Falls, ID 83402 Minutes North, Range 38 East. The Planning and Zoning Commission considered this item at its February 6, 2024, meeting and voted to recommend approval of the annexation with initial zoning of R2 and R3A with a vote of 4-2. It was moved by Councilor Radford, seconded by Councilor Larsen to approve the Ordinance establishing the initial zoning for R2, Mixed Residential and R3A, Residential Mixed Use 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 was carried by the following vote: Aye – Councilors Larsen, Radford, Francis, Dingman, Freeman. Nay - None. At the request of Councilor Dingman, the City Clerk read the ordinance by title only: ORDINANCE NO. 3564 AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO; PROVIDING FOR THE INITIAL ZONING OF APPROXIMATELY 3.104 ACRES DESCRIBED IN EXHIBIT A OF THIS ORDINANCE AS R3A, RESIDENTIAL MIXED-USE ZONE, AND APPROXIMATELY 25.304 ACRES DESCRIBED IN EXHIBIT A OF THIS ORDINANCE AS R2, MIXED RESIDENTIAL ZONE; AND PROVIDING SEVERABILITY, PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE. It was moved by Councilor Radford, seconded by Councilor Larsen to approve the Reasoned Statement of Relevant Criteria and Standards for the initial zoning of R2, Mixed Residential, and R3A, Residential Mixed Use, and give authorization for the Mayor to execute the necessary documents. The motion was carried by the following vote: Aye – Councilors Francis, Dingman, Freeman, Larsen, Radford. Nay - None. 5) Quasi-judicial Public Hearing-Rezone from I&M, Industrial and Manufacturing and LC, Limited Commercial to LM, Light Manufacturing and Heavy Commercial, Zoning Ordinance and Reasoned Statement of Relevant Criteria and Standards on approximately 3.244 acres of Lots 10 & 11, Block 1, McNeil Business Park Division No. 4, plus 1.465 Acres of the South ½ of the East ½ of the Northeast ¼ of the Southeast ¼ of Section 25, Township 2 North, Range 37 East. Rezoning from I&M and LC to LM, Zoning Ordinance, and Reasoned Statement of Relevant Criteria and Standards for approximately 3.244 acres of Lots 10 & 11, Block 1, McNeil Business Park Division No. 4, plus 1.465 Acres of the South ½ of the East ½ of the Northeast ¼ of the Southeast ¼ of Section 25, Township 2 North, Range 37 East. The Planning and Zoning Commission considered this item at its February 6, 2024, meeting and voted to recommend approval of the zone change from I&M and LC to LM to the Mayor and City Council with a vote of 4-3. Councilor Radford disclosed that as a part of constituent services, he was ingrained in this conversation for many months over the summer before it was a Quasi-judicial public hearing. Councilor Dingman opened the hearing and requested all testimony and documents as part of the permanent record.  680 Park Avenue City Council Meeting Idaho Falls, ID 83402 Minutes Applicant: Rollie Walker, S Boulevard, Idaho Falls Idaho. Mr. Walker discussed the property known as the Big Red Barn located between Rollandet and McNeil Dr. He says half of the property is currently zoned for Limited Commercial use, while the other half is zoned as LM. Mr. Walker's goal is to have the entire property zoned as LM, Light Manufacturing, which was previously approved by the Planning and Zoning Commission. Mr. Walker is now seeking the final approval from the Council which will allow them to do what they need to do on the property. Director Sanner provided an overview of the rezoning request for the 4 properties located between McNeil and Rollandet. The property is currently zoned a mix of I&M and LC, and the applicant is requesting to rezone into LM. The surrounding zoning is also varied, I&M to the west, residential estate to the north, and a mix of zones to the east and south. A home on the northeast section of the property is not included in the rezoning request. Director Sanner explained that the comprehensive plan designates this area for industrial uses, and the LM zone, which allows for agricultural tourism and amusement components, aligns with the current use of the property. The LM zone includes a conditional use permit process, where the Board of Adjustments can attach conditions such as hours of operation and seasonal restrictions. The site plan review will also address parking and building locations. Director Sanner discussed the planning and zoning commission's 4-3 vote in favor of rezoning, as well as the concerns raised by neighbors regarding increased use, parking, and potential negative impacts. He also addressed the existing parking agreements and crossing plans in place to manage traffic and pedestrian safety. Councilor Radford noted that this road is unique in the city as it was one of the few where the speed limit changed seasonally. He inquired about the timing of these changes. Director Sanner clarified that the speed limit is now consistently 35 mph year-round. Councilor Larsen inquired about the conditional use process and the criteria considered in making decisions. Director Sanner explained that the applicant would submit a request, specifying details such as proposed opening and closing times and when certain activities would be operational on the property. The Board of Adjustment would then review the request to determine if it conflicts with surrounding properties or other considerations. Councilor Francis highlighted the need to consider all potential uses for the LM zone, noting its suitability for various businesses. He asked if on-site parking would be required for these businesses. Director Sanner confirmed that parking requirements are addressed during the site plan review. Councilor Francis expressed concern about the current parking arrangement, which depends on an agreement with the zoo that will eventually end. Director Sanner added that parking requirements vary by business type, such as a restaurant needing a specific number of spaces, and these are enforced during the site plan review. City Attorney Michael Kirkham clarified that the Council’s primary consideration is whether the proposed zoning change aligns with the comprehensive plan. He noted that while some uses may require parking, the specifics won’t be known until a site plan is submitted by the property owner, as required. Councilor Freeman inquired about the property's access with Mr. Walker. He mentioned that the access extends to McNeil Dr. and asked if the public could use that side and if parking was available on McNeil  680 Park Avenue City Council Meeting Idaho Falls, ID 83402 Minutes Dr. Mr. Walker confirmed that the public does use that side and that there is access from both sides of the property. Public Testimony: Renae Miller, 3182 Thayer Bridge, Idaho Falls, ID, is a board member of the Thayer Bridge HOA Board. She represents 46 homeowners who live adjacent to the applicant’s property to the south. Ms. Miller states that these homeowners oppose the Heavy Commercial zone due to the suburban character of their neighborhood, which they feel is incompatible with such zoning. While the planning and zoning committee recommends this zone as compatible land use, Ms. Miller argues that it is only suitable for the vacant lots to the west, where heavy commercial or light manufacturing might be appropriate. However, to the south and east, the area consists of suburban neighborhoods, making commercial businesses incompatible. Ms. Miller suggests that the applicant could comply by rearranging their property, such as moving their slide to the back where it is permitted. She believes that maintaining a Limited Commercial zone on the front half of the property would reduce projected congestion on Rollandet Road and align better with the existing residential zones. Additionally, she points out that Rollandet Road is not designed for on-street parking due to its narrow shoulder, which impedes traffic flow and poses a hazard. Connie Bates, 2668 Rollandet, Idaho Falls, ID. Ms. Bates's main concern is the parking issues, with cars parked on the east side blocking the driveway and visibility. She says the City does not regulate or ticket the parking, so putting up more signs on the west side likely won't help. She says there is also a concern about ongoing development and expansion in the area, and whether that will be allowed under the current zoning. Kirk Burns, Idaho Falls, ID. Mr. Burns says he lives west of the property in question. He spoke in support of the U-Pick Red Barn pumpkin patch, which has been operating on his property for 17 years. He noted that the pumpkin patch is a special and beloved tradition in the community, providing enjoyment for many families over a 10–12-week period each year. While the pumpkin patch does create some parking challenges, Mr. Burns said he has worked with the City to help alleviate those issues. He expressed that as long as the pumpkin patch can continue to operate, it is an important community service that should be supported. He emphasized the value of tradition that the Red Barn provides. Councilor Francis asked Director Sanner whether changing the zone would allow more construction on the property. Director Sanner confirmed that more could be built but emphasized the need for permits and adherence to separation requirements. Councilor Radford inquired further about setback and height requirements. Director Sanner clarified that it wasn't a rezoning issue, but noted that under the LM zone, setbacks would be similar to the existing zone: 30 feet front, side, and back, depending on usage. Councilor Dingman closed the hearing and opened for council deliberations. Councilor Freeman agrees with Mr. Burns that the attraction is great and enjoys taking his grandkids there. However, he is concerned about unsafe conditions on Rollandet, particularly the poor lighting after dark. Freeman feels it is unusual to adjust zoning after the use has started and prefers parking on McNeil Rd to keep cars off Rollandet and away from Tautphaus Park. Councilor Francis added that the parking situation on Rollandet is a significant issue for him and he was upset the application claimed  680 Park Avenue City Council Meeting Idaho Falls, ID 83402 Minutes adequate parking, unchanged for 17 years. He stated that he would move parking off Rollandet if possible and believes noise concerns are addressed by the City's Noise Ordinance. Councilor Francis also noted that the applicant's new zoning request will require a new site plan. Councilor Larsen acknowledges that we are changing the zoning after the use has been established, but if we don't approve this, the situation remains unchanged. He believes that by approving the change and going through the conditional use permit process, we can influence key factors. He values the business and recognizes its importance to the community. Councilor Radford added that zoning is about ensuring compatible uses and aligning with the comprehensive plan. He feels the zone change makes sense and understands parking concerns. He compared it to events like Boo at the Zoo at Tautphaus Park, which also cause traffic issues. Radford is unsure if shifting traffic from Rollandet to McNeil is the right solution. He agrees with the points made and appreciates that the applicant is seeking compliance. It was moved by Councilor Larsen, seconded by Councilor Radford to approve the Ordinance Rezoning approximately 3.244 acres of Lots 10 & 11, Block 1, McNeil Business Park Division. No. 4, plus 1.465 Acres of the South ½ of the East ½ of the Northeast ¼ of the Southeast ¼ of Section 25, Township 2 North, Range 37 East from I&M, Industrial and Manufacturing and LC, Limited Commercial to LM, Light Manufacturing and Heavy Commercial, under 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 Dingman, Francis, Larsen, Radford. Nay - Freeman. At the request of Councilor Dingman, the City Clerk read the ordinance by title only: ORDINANCE NO. 3565 AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO; PROVIDING FOR THE REZONING OF APPROXIMATELY 3.244 ACRES AS DESCRIBED IN SECTION 1 OF THIS ORDINANCE FROM LC, LIMITED COMMERCIAL, AND I&M, INDUSTRIAL AND MANUFACTURING, TO LM, LIGHT MANUFACTURING AND HEAVY COMMERCIAL; AND PROVIDING SEVERABILITY, PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE. It was moved by Councilor Larsen, seconded by Councilor Radford to approve the Reasoned Statement of Relevant Criteria and Standards for the Rezone from I&M and LC to LM and give authorization for the Mayor to execute the necessary documents. The motion was carried by the following vote: Aye – Councilors Larsen, Dingman, Radford, Francis Nay - Freeman. 3. Announcements • March 25th at 7 PM the Youth Sister Cities and Council members are invited for a tour of the library and all its exhibits.  680 Park Avenue City Council Meeting Idaho Falls, ID 83402 Minutes • Downtown Development Corporation will have an event on Saturday, March 16th from 3-6 PM called St. Patty’s on the Park and will include the IFFD Pipes and Drums. • Next week is Spring break. 4. Adjournment. There being no further business, the meeting adjourned at 9:39 PM. s/ Corrin Wilde s/Rebecca L. Noah Casper Corrin Wilde, City Clerk Rebecca L. Noah Casper, Mayor +