City Council

680 Park Avenue City Council Meeting Idaho Falls, ID 83402 Minutes Thursday, September 12, 2024, 7:30 PM City Council Chambers 1. Call to Order Present: Mayor Rebecca L Noah Casper, Council President Burtenshaw, 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 2. Pledge of Allegiance Nathan Young led those present in the Pledge of Allegiance. 3. Public Comment Dustin Christopherson, an Idaho Falls resident, who moved from Boise a year ago, thanked the Council for their efforts and expressed his love for the city. He appreciates the community signs and acknowledges that every city has its challenges. Having served on the council in Star, Idaho, he understands the difficulties of managing growth. He thanked the Council again for their hard work. Bob Nitschke, an Idaho Falls resident, expressed concerns regarding the Zoo's response to the recent incident. He described the response as inadequate and delusional. Mr. Nitchkey identified several contributing factors to the incident, including human error, inadequate design and safety protocols for apex predator facilities, lack of oversight and training, and failure to learn from previous similar incidents. He criticized the zoo's internal investigation, stating it was neither independent nor thorough. Mr. Nitschke emphasized the need for the zoo to acknowledge these issues and take critical steps to address the failures that led to this dangerous situation. 4. Consent Agenda A. Office of the Mayor 1) Appointments to City Boards, Committees, and Commissions New appointment of Julie McMurtrey to serve on the Sister Cities Advisory Committee pursuant to Title 2, Chapter 8 of Idaho Falls City Code. B. Municipal Services 1) Transfer of Fire Engine #457 to Roberts Fire Department. Idaho Statute §67-2322 provides guidelines for the transfer of property by a local unit of government to another government entity. The Fire department posted the engine on public surplus and did not receive any bids. The Department therefore is requesting the transfer.  680 Park Avenue City Council Meeting Idaho Falls, ID 83402 Minutes 2) Renewal of Central Square, Naviline Annual Maintenance Agreement. The City is currently using the Central Square, Naviline system for a variety of financial operational functions including accounts receivable, payable, and purchasing, and wishes to continue with this system. 3) Treasurer’s Report for June 2024. For the month of June 2024, cash and investments total $174.2M. Total fiscal year-to-date receipts received and reconciled to the general ledger were reported at $188.4M, which includes revenues of $100.8M for charges for services and taxes and intergovernmental revenues of $60.3M. Total fiscal year- to-date distributions reconciled to the general ledger were reported at $170.1M. This includes salary and benefits of $62.4M and operating costs of $72.3M. 4) Treasurer’s Report for July 2024. For the month of July 2024, cash and investments total $193.2. Total fiscal year-to-date receipts received and reconciled to the general ledger were reported at $227.4M, which includes revenues of $113.6M for charges for services and taxes and intergovernmental revenues of $81.8M. Total fiscal year- to-date distributions reconciled to the general ledger were reported at $187.6M. This includes salary and benefits of $69.8M and operating costs of $81.4M. C. Airport 1) Idaho Falls Power Board Meeting Minutes – August 2024 Meeting D. Idaho Falls Power 1) IFP 22-01 Line Clearance Services – Davey Tree Surgery. One year extension to the existing line clearance service agreement with Davey Tree Surgery Company of Livermore, California for a per-unit contract at a budgeted amount of $750,000.00. Idaho Falls Power (IFP) solicited bids to clear tree encroachments from overhead power lines and around city substations as part of Bid Project No. IFP 22-01, which was approved by the City Council on Dec. 9, 2021. IFP plans to rebid this work next year. 2) Idaho Falls Power Board Minutes for August 2024. 3) Gas Line Extension Facilities Agreement – Intermountain Gas Company. Intermountain Gas Company will extend or modify its distribution system to provide natural gas service to the IFP Peaking Plant and Research Facility. The cost for labor and materials is $557,500 plus a 10% contingency of $55,750 for a total of $613,250.00 E. Office of the City Clerk 1) Minutes from the Council Meeting on July 11, 2024. 2) License Applications It was moved by President Burtenshaw, seconded by Councilor Larsen 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, Larsen, Radford, Burtenshaw. Nay – None  680 Park Avenue City Council Meeting Idaho Falls, ID 83402 Minutes 5. Regular Agenda A. Idaho Falls Power 1) Orchard Park Energy Net-Metering Pilot Project – Power Sales Agreement. General Manager Bear Prairie presented. He says the Orchard Park Energy LLC. has developed an innovative solar and battery system that will help them decrease or avoid pulling electrical power from Idaho Falls Power's (IFP's) distribution system during peak hours of the day. Where IFP does not generate sufficient electrical energy to meet customer demand during peak hours, IFP must purchase additional electricity on the open market. Orchard Park Energy's storage and generation will help lower its demand during peak periods, which will benefit all IFP customers by reducing the high-cost market purchases that IFP must make. This agreement establishes the terms and conditions under which IFP will agree to purchase Orchard Park Energy's excess energy and charge for Orchard Park Energy’s consumption of IFP energy. The term of the Agreement is for ten (10) years, with an option to terminate, including in the case that IFP adopts a generally available net-metering option for all its customers. Councilor Francis explained that peak hours are from 6-9 p.m., during which residents pay significantly more per kilowatt hour. GM Prairie agreed, he says it is about two and a half to three times more than usual. Councilor Francis also clarified that batteries store solar energy to provide power during these peak hours, allowing residents to benefit from lower rates at other times. GM Prairie further explained that a demand charge helps recover fixed costs for infrastructure like poles, wires, and transformers. Residential customers pay a fixed monthly charge, while commercial and industrial customers are charged based on their highest 15-minute usage interval. This ensures the infrastructure can handle peak demands, not just average usage. Councilor Freeman highlighted that this new neighborhood is being developed across from the Community Park on 25th Street, behind Home Depot. He mentioned that some homes are already built and occupied, with solar panels visible on their roofs. Eventually, all the homes will have solar power and battery banks, enabling them to store their own energy. It was moved by Councilor Freeman, seconded by Councilor Radford to approve this Power Sales Agreement with Orchard Park Energy as a first-of-kind Net-Metering Pilot Project and give authorization to the Mayor and City Clerk to execute the necessary documents The motion carried by the following vote: Aye – Councilors Freeman, Francis, Larsen, Radford, Burtenshaw, Dingman. Nay – None. 2) Exclusive Negotiating Agreement MOU with Aalo Holdings Inc. General Manager Prairie presented the Idaho Falls Power (IFP) and Aalo agreement to engage in the negotiation of a PPA where IFP will purchase up to 75 megawatts of power from the Idaho Falls Power Project and provide a land lease to Aalo for the siting of the Project located at the IFP Research Park. The MOU defines the general concepts of what is acceptable to both parties. Signing the MOU has no financial obligation to the City or Idaho Falls Power.  680 Park Avenue City Council Meeting Idaho Falls, ID 83402 Minutes Councilor Radford highlighted the historical significance of our city’s identity, noting that in the late 1800s and early 1900s, we had a mayor who was an electrical engineer. This mayor innovatively installed a turbine in a canal to power lights, just 20 years after New York City first had electric lights. This early innovation has led to our city having one of the oldest utilities in the western United States. Radford expressed gratitude for the continued innovation by a local company leveraging our lab's technology and thanked Aalo for their trust and partnership in this public-private initiative. He emphasized that this partnership further cements our city’s identity as a hub of innovation. Councilor Freeman emphasized Idaho Falls’ commitment to diversifying its power portfolio. Currently, the city utilizes hydro, solar, and wind energy, and is exploring geothermal options. Additionally, they are developing a hydrogen-capable plant and nuclear energy. Freeman stated that as Idaho Falls continues to grow, the need for more power will increase. The city is actively seeking various ways to ensure a reliable power supply, and Councilor Freeman expressed pride in these efforts. It was moved by Councilor Freeman, seconded by Councilor Radford to approve the Memorandum of Understanding (MOU) with Aalo Holdings Inc. to negotiate a Power Purchase Agreement (PPA) for Idaho Falls Power to purchase up to 75 MW of energy and give authorization to the Mayor and City Clerk to execute the necessary documents. The motion was carried by the following vote: Aye – Councilors Dingman, Radford, Francis, Burtenshaw, Larsen, Freeman. Nay – None. B. Public Works 1) Development Agreement for Yellowstone Apartments. Assistant Director Chris Canfield presented the development agreement he says Yellowstone Apartments is a development occurring on property that was originally platted in Bonneville County and later annexed into the City. Special Conditions 2-9 summarize various items of work that need to be completed in order to develop the property. Public Works recommends approval of the Agreement. It was moved by Councilor Francis, seconded by Councilor Larsen to Approve the Yellowstone Apartments Development Agreement and authorize the Mayor and City Clerk to sign the necessary documents. The motion was carried by the following vote: Aye – Councilors Radford, Freeman, Burtenshaw, Francis, Dingman, Larsen. Nay -None. 2) Bid Award – Rogers Street Improvements-Fountainview Drive to Carnival Way. Assistant Director Canfield presented a bid award for the Rogers Street Improvements with Knife River Corp. in the amount of $127,827.00. On Tuesday, September 3, 2024, bids were received and opened for the Rogers Street Improvements – Fountainview Drive to Carnival Way project. The purpose of the proposed bid award is to contract with the lowest bidder to reconstruct a portion of the roadway within Tautphaus Park. Cost allocation for this project will come from Parks and Recreation funds. Sufficient funding and budget authority exist to complete the proposed improvements. Councilor Freeman inquired whether the road would be wider upon completion. Canfield confirmed that it would be slightly wider, increasing from the current 22 feet to approximately 26 feet. He added that the road would be reconstructed with a new base and a new pavement section.  680 Park Avenue City Council Meeting Idaho Falls, ID 83402 Minutes It was moved by Councilor Francis, seconded by Councilor Larsen to approve the plans and specifications; award to the lowest responsive, responsible bidder, Knife River Corp. in the amount of $127,827.00; and give authorization for the Mayor and City Clerk to execute the necessary documents. The motion was carried by the following vote: Aye – Councilors Larsen, Burtenshaw, Dingman, Freeman, Francis, Radford. Nay -None. 3) Easement Vacation – Public Water Easement Established as Part of Instrument No. 1767974. The property is located south of 17th Street and east of June Avenue, across from Lowe’s. The property owner has requested the vacation of the easement as described in the ordinance. City staff have reviewed the request and recommend approval. Councilor Francis asked for clarification, confirming that an easement will still exist but will be moved to the east. Canfield agreed. City Attorney Kirkham clarified that this involves vacating the current city easement, which will be replaced by a new easement approximately 50 feet to the east. It was moved by Councilor Francis, seconded by Councilor Larsen to approve the easement vacation Ordinance under a suspension of the rules requiring three complete and separate readings and request that it be read by title. The motion was carried by the following vote: Aye – Councilors Burtenshaw, Larsen, Radford, Dingman, Freeman, Francis. Nay - None. At the request of Mayor Casper, the City Clerk read the ordinance by title only: ORDINANCE NO. 3583 AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, PROVIDING FOR THE VACATION OF A PORTION OF AN EASEMENT LOCATED WITHIN THE CITY OF IDAHO FALLS AND LEGALLY DESCRIBED IN SECTION I OF THIS ORDINANCE; PROVIDING THAT TITLE TO SAID VACATED EASEMENT SHALL VEST AS SPECIFIED IN SECTION 3 OF THIS ORDINANCE; PROVIDING THAT THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT FROM AND AFTER PASSAGE, APPROVAL, AND PUBLICATION ACCORDING TO LAW. 4) Change Order 1 with Iron Horse Trucking for Wastewater Sludge Hauling. Assistant Director Canfield presented the Change Order with Iron Horse Trucking for the sludge hauling contract with the Wastewater Division. The Change Order provides an extension of time to December 15, 2024, and increases the quantity for the sludge haul. Sludge hauling is a standard line item included within the annual Wastewater Division’s budget. The original contract for sludge hauling was for $237,375.00 and the anticipated cost of implementing this Change Order is $300,042.00. Sufficient budget and spending authority exist to process this Change Order. It was moved by Councilor Francis, seconded by Councilor Larsen to approval of the Change Order and authorization for the Mayor to sign the necessary documents. The motion was carried by the following vote: Aye – Councilors Francis, Dingman, Freeman, Larsen, Radford, Burtenshaw. Nay - None. C. Municipal Services 1) Approval to write off Unpaid Utility Service Accounts. Director Alexander presented the following items: The total write-off request amount is $213,294.74.  680 Park Avenue City Council Meeting Idaho Falls, ID 83402 Minutes The recommended write-offs meet the terms of the City’s Service Delivery Account Write-Off Policy. - For the calendar year 2016, a total of $5,084.68 is uncollectible as past state statute. - For calendar years 2018-2023, a total of $6,315.76 is attributable to bankruptcy. - For calendar years 2018-2023, $4,844.10 is uncollectable as the accountholder is deceased. - For calendar years 2018-2019, $197,050.20 is owing to the account holder being deceased with no will (intestate). Councilor Radford questioned the amount being only for the deceased as it seemed like a high dollar amount. Director Alexander stated that $197,050 includes all the uncollectable that have been working on for the last several years and not just for the deceased. She recognized the error on the memo. Efforts to collect on the accounts have been exhausted and/or deemed uncollectible by the city’s contracted collection agency. This year’s write-off request is $68,227.66 less than last year’s approved write-off request of $281,522.40. The request to write off unpaid utility service accounts will reduce the city's utility service accounts receivable to reflect accurate revenue collection estimates. It was moved by Councilor Larsen, seconded by Councilor Burtenshaw to approve the write-off of $213,294.74 in unpaid utility service accounts which have been determined as uncollectible. The motion carried by the following vote: Aye – Councilors Freeman, Francis, Larsen, Radford, Burtenshaw, Dingman Nay - None. 2) Approval to write off Unpaid Ambulance Service Accounts. The total request for write-off includes calendar year 2023 accounts for Medicare and Medicaid published rates reduced to the maximum allowable rates for a total of $3,197,217.61, or 83% of the total write-off request of $3.8M, with Medicare at 54% of the total and Medicaid at 29%. The remaining 17% of the total or $620,587.30 includes contractual, collection agency, deceased, with no known estate, bankrupt, and approved hardship accounts. Last year's write-off approved write-off request was $3,546,926.04, with 86% of the write-off or $3M attributable to Medicare (57%) and Medicaid (29%). The request complies with the City Service Delivery Account Write-Off Policy where: 1) no payment has been posted to the account within a four-year period; 2) the city's contracted collections agency determines the account is uncollectible; 3) the account is in the name of a deceased person with no known estate; or 4) the Finance Division or Municipal Services Department Director recommends an account write-off (in whole or part) because of hardship, collectability, payment schedule, difficulty of collection, or another business reason. Council President Burtenshaw expressed her appreciation for the efforts of the Fire Chief and Director Alexander in ensuring that the collection agency is nationally certified. This certification guarantees that fees are collected beyond the local level. She commended their thoroughness in the fee collection process. It was moved by Councilor Larsen, seconded by Councilor Burtenshaw to approve the write-off of unpaid ambulance service accounts for the calendar service dates of 2019, 2020, 2021, 2022 and 2023 determined as past statute or uncollectible for a total of $3,817,804.91The motion carried by the following vote: Aye – Councilors Dingman, Radford, Francis, Burtenshaw, Larsen, Freeman. Nay - None. 3) Approval to write off Unpaid Miscellaneous Revenue Accounts.  680 Park Avenue City Council Meeting Idaho Falls, ID 83402 Minutes The uncollectible accounts are for the calendar years of 2020-2023 and meet the terms of the City Service Delivery Account Write-Off Policy where no payment has been posted to the account within a 4-5 year period; the city’s contracted collection agency has determined the account is uncollectible; the account is in the name of a deceased person, with no known estate, or the Finance division or The Department Director recommends an account write-off (in whole or part) because of hardship, collectability, payment schedule, difficulty of collection or another business reason. Miscellaneous accounts are categorized as non-utility service accounts and may include damage to city property and recreational facility use. It was moved by Councilor Larsen, seconded by Councilor Burtenshaw to approve the write-off of $283,545.99 in unpaid miscellaneous revenue accounts determined as past statute or uncollectible. The motion was carried by the following vote: Aye – Councilors Radford, Freeman, Burtenshaw, Francis, Dingman, Larsen. Nay - None. 4) One 80KW Generator for Fire Station 7. Director Alexander presented the proposal for purchasing and installing a generator at Fire Station 7, located at 370 E 65th South. This generator will enable the station to operate independently during power outages, ensuring critical response capabilities and operational independence. The purchase is funded as an approved project under the City of Idaho Falls American Rescue Plan Act (ARPA). Director Alexander stated that the generator, costing $104,025.00, will be acquired through a cooperative purchasing contract with Sourcewell. The generator will be supplied by Wheeler Electric, a local company. Councilor Freeman emphasized the importance of this use of Federal Funds for backup power at the fire station. He explained that in the event of a power outage, it is crucial to ensure that radios function, doors open, and fire trucks can be deployed. This backup power is essential for responding to emergencies and hearing alarms. It was moved by Councilor Larsen, seconded by Councilor Burtenshaw to accept and approve the purchase of one 80KW from the Sourcewell cooperative purchasing contract #092222-CAT from Wheeler Electric, Inc. for a total of $104,025.00. The motion was carried by the following vote: Aye – Councilors Larsen, Burtenshaw, Dingman, Freeman, Francis, Radford. Nay - None. 5) Resolution to Approve a Direct Loan to Idaho Falls Regional Airport Resolution 2020-27 approved the Inter-Departmental Direct Loan Policy. In line with this policy, the loan committee reviewed the direct loan request and proposed a repayment period of up to five years at an interest rate of approximately 5%. The principal will be repaid through future Airport Improvement Program grants from the Federal Aviation Administration (FAA), while the interest will be covered by a combination of Passenger Facility Charges and Airport Revenue. Director Alexander seeks approval for a $7.5 million direct loan to the Idaho Falls Regional Airport for property acquisition. The Idaho Falls Regional Airport has committed to repaying the loan through FAA reimbursements as soon as possible within the next five years. Director Turner stated that the Airport took possession of the property in July,  680 Park Avenue City Council Meeting Idaho Falls, ID 83402 Minutes and the funds were drawn from the Airport Enterprise Fund. As a result, the Airport is currently operating with a negative balance. Due to the lack of available funds, this loan is necessary. Councilor Francis pointed out that interest rate that we charge ourselves is at the market rate just as if we invested outside the city, we get that same rate back. It was moved by Councilor Larsen, seconded by Councilor Burtenshaw to approve the resolution to provide a direct loan to the Idaho Falls Regional Airport for $7.5M, for the acquisition of property and give the authorization for the Mayor and City Clerk to execute the necessary documents. The motion was carried by the following vote: Aye – Councilors Burtenshaw, Larsen, Radford, Dingman, Freeman, Francis. Nay - None. RESOLUTION NO. 2024 – 17 A RESOLUTION OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, APPROVING AND MEMORIALIZING A LOAN BETWEEN INTERNAL CITY FUNDS TO FINANCE THE FINALIZATION OF THE ACQUISITION OF REAL PROPERTY IN ORDER TO MEET IDAHO FALLS REGIONAL AIRPORT COMPLIANCE AND GRANT ASSURANCE REQUIREMENTS WITH THE FEDERAL AVIATION ADMISTRATION; AND PROVIDING THAT THIS RESOLUTION BE EFFECTIVE UPON ITS PASSAGE, APPROVAL, AND PUBLICATION ACCORDING TO LAW. D. Community Development Services. 1) Final Plat, Development Agreement, and Reasoned Statement of Relevant Criteria and Standards, MLV Industrial Park. The Planning and Zoning Commission reviewed this item at its meeting on February 6, 2024, and voted 5-2 to recommend approval of the final plat to the Mayor and City Council. Director Sanner noted that the property, located on Rollandet between McNeil and Rollandet, consists of four lots with a private drive in between. It is zoned LM (Light Manufacturing Heavy Commercial) and is outside the Airport Overlay Zone. Councilor Francis pointed out that in the Planning and Zoning notes, there was confusion about whether this was a private road or a private isle, and that has all been resolved and has been approved by Fire. It was moved by Councilor Larsen, seconded by Councilor Radford to approve the Development Agreement for the Final Plat for MLV Industrial Park and give authorization for the Mayor and City Clerk to sign said agreement. The motion carried by the following vote: Aye – Councilors Dingman, Burtenshaw, Francis, Freeman, Larsen, Radford. Nay - None. It was moved by Councilor Larsen, seconded by Councilor Radford to accept or Approve the Final Plat for MLV Industrial Park 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 Francis, Dingman, Freeman, Larsen, Radford, Burtenshaw. Nay - None. It was moved by Councilor Larsen, seconded by Councilor Radford to approve the Reasoned Statement of Relevant Criteria and Standards for the Final Plat for MLV Industrial Park and give authorization for the mayor to execute the necessary documents. The motion was carried by the following vote: Aye – Councilors Burtenshaw, Larsen, Dingman, Radford, Freeman, Francis. Nay - None.  680 Park Avenue City Council Meeting Idaho Falls, ID 83402 Minutes 2) Final Plat and Reasoned Statement of Relevant Criteria and Standards, Eagle Rock Town Center Division No. 4. The Planning and Zoning Commission considered this item at its June 6, 2023, meeting and unanimously voted to recommend approval of the final plat to the Mayor and City Council as presented. On August 6, 2024, the Planning and Zoning Commission reviewed the plat again regarding an extension of the plat since their previous recommendation had been given over a year prior. The Planning and Zoning Commission voted unanimously to recommend approval of the final plat with the condition that the City Attorney review the overlapping public and private utility easements. The easements were forwarded to the City Attorney and City Surveyor for review. They determined there wasn’t a concern with the overlapping public and private utility easements as shown on the plat. It was moved by Councilor Larsen, seconded by Councilor Radford to accept or Approve the Final Plat for Eagle Rock Town Center Division No. 4 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 Larsen, Francis, Radford, Dingman, Burtenshaw, Freeman. Nay - None. It was moved by Councilor Larsen, seconded by Councilor Radford to Approve the Reasoned Statement of Relevant Criteria and Standards for the Final Plat for Eagle Rock Town Center Division No. 4 and give authorization for the Mayor to execute the necessary documents. The motion was carried by the following vote: Aye – Councilors Freeman, Radford, Burtenshaw, Francis, Dingman, Larsen. Nay - None. 3) Final Plat, Development Agreement, and Reasoned Statement of Relevant Criteria and Standards, Reed’s Corner Division No. 1 The Planning and Zoning Commission considered this item at its 6 August 2024, meeting and unanimously voted to recommend approval of the final plat to the Mayor and City Council as presented. It was moved by Councilor Larsen, seconded by Councilor Radford to approve the Development Agreement for the Final Plat for Reed's Corner Division No. 1 and give authorization for the Mayor and City Clerk to sign said agreement. The motion was carried by the following vote: Aye – Councilors Larsen, Radford, Francis, Dingman, Burtenshaw, Freeman. Nay - None. It was moved by Councilor Larsen, seconded by Councilor Radford to accept or Approve the Final Plat for Reed’s Corner Division No. 1 and give authorization for the Mayor, City Engineer, and City Clerk to sign said Final Plat. The motion carried by the following vote: Aye – Councilors Dingman, Burtenshaw, Francis, Freeman, Larsen, Radford. Nay - None. It was moved by Councilor Larsen, seconded by Councilor Radford to approve the Reasoned Statement of Relevant Criteria and Standards for the Final Plat for Reed's Corner Division No. 1 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, Burtenshaw. Nay - None.  680 Park Avenue City Council Meeting Idaho Falls, ID 83402 Minutes 4) 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 18.587 acres, Part of the SE ¼ of Section 1, Township 1 North, Range 37 East and the SW ¼ of Section 6, Township 1 North, Range 38 East. On July 2, 2024, the Planning and Zoning Commission unanimously voted to recommend approval of the annexation with initial zoning of R1, Single Dwelling Residential to the Mayor and City Council as presented. Mayor Casper opened the hearing and ordered all items presented to be a part of the official record. Applicant: Gilmore Jenkins, Harper Leavitt Engineering, 101 South Park Ave, Idaho Falls, Idaho. Representing the owner, he states that this property is located on 5th West, between Copper Creek and Spring Meadow. It is contiguous with the property already within the city limits and is currently zoned R1, which is also the requested zoning for this property. He mentions that the annexation will include a significant portion of the roadway to streamline the area between the city and the county. The property is situated in the suburban transect of the comprehensive plan, making R1 zoning a suitable fit. Director Sanner clarified that the County requested the annexation to include the right of way along 5th Street. The area is classified as a suburban transect, and they are requesting an R1 zoning, which aligns with this classification. He mentioned that the property currently houses a religious institution. Typically, such institutions would require a conditional use permit, but in this case, it is considered a legal non- conforming use, so no permit is needed. Councilor Francis clarified that the development along 5th West would include curbs, gutters, and sidewalks. Director Sanner responded that currently, there is no subdivision or permit that would necessitate these improvements; this action is simply to establish jurisdiction. Mayor Casper invited public testimony, but no one came forward. She then closed the hearing and asked the Council members to deliberate. The Council had no comments for deliberation. It was moved by Councilor Larsen, seconded by Councilor Radford to approve the Ordinance annexing approximately 18.587 acres, Part of the SE ¼ of Section 1, Township 1 North, Range 37 East, and the SW ¼ of Section 6, Township 1 North, Range 38 East; assign a Comprehensive Plan Designation of "Suburban Transect;" 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 Burtenshaw, Larsen, Dingman, Radford, Freeman, Francis. Nay - None. At the request of Mayor Casper, the City Clerk read the ordinance by title only: ORDINANCE NO. 3584 AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO; PROVIDING FOR THE ANNEXATION OF APPROXIMATELY 18.587 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.  680 Park Avenue City Council Meeting Idaho Falls, ID 83402 Minutes 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 18.587 acres, Part of the SE ¼ of Section 1, Township 1 North, Range 37 East and the SW 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, Francis, Radford, Dingman, Burtenshaw, Freeman. Nay - None. 5) Legislative Public Hearing-Part 2 of the Annexation and Initial Zoning of R1, Single Dwelling Residential, Initial Zoning Ordinance and Reasoned Statement of Relevant Criteria and Standards for approximately 18.587 acres, Part of the SE ¼ of Section 1, Township 1 North, Range 37 East and the SW ¼ of Section 6, Township 1 North, Range 38 East Initial Zoning Ordinance and Reasoned Statement of Relevant Criteria and Standards for approximately 18.587 acres, Part of the SE ¼ of Section 1, Township 1 North, Range 37 East, and the SW ¼ of Section 6, Township 1 North, Range 38 East. The Planning and Zoning Commission considered this item at its July 2, 2024, meeting and unanimously voted to recommend approval of the annexation with initial zoning of R1 to the Mayor and City Council as presented. It was moved by Councilor Larsen, seconded by Councilor Radford to approve the Ordinance establishing the initial zoning for R1, Single Dwelling Residential 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 Freeman, Radford, Burtenshaw, Francis, Dingman, Larsen. Nay - None. At the request of Mayor Casper, the City Clerk read the ordinance by title only: ORDINANCE NO. 3585 AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO; PROVIDING FOR THE INITIAL ZONING OF APPROXIMATELY 18.587 ACRES DESCRIBED IN EXHIBIT A OF THIS ORDINANCE AS R1, SINGLE DWELLING RESIDENTIAL ZONE; 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 initial zoning of R1, Single Dwelling Residential, and give authorization for the mayor to execute the necessary documents. The motion was carried by the following vote: Aye – Councilors Larsen, Radford, Francis, Dingman, Burtenshaw, Freeman. Nay - None. 6) Quasi-judicial Public Hearing-Rezone from LC, Limited Commercial to HC, Highway Commercial, Zoning Ordinance and Reasoned Statement of Relevant Criteria and Standards of approximately 0.415 acres of the South 18,124 Square Feet of Lot 2, Block 2, Old Fashioned Way, Division 1.  680 Park Avenue City Council Meeting Idaho Falls, ID 83402 Minutes Mayor Casper opened the hearing and ordered all items presented to be a part of the official record. Applicant: Dr. Adam Petersen, Skyline Animal Hospital, 1378 Grizzly Ave, Idaho Falls, Idaho Dr. Petersen states that Skyline Animal Hospital has been at its current location for a long time and has now outgrown the space. They are considering purchasing a new property. The current zoning of this property is light commercial, while the neighboring properties on both sides are zoned as highway commercial. Dr. Petersen is seeking to rezone the property to highway commercial to ensure consistency with the neighboring properties and to allow the veterinary clinic to operate in a larger building. Director Sanner explains that the request stems from the property's annexation in 1977 when it was designated for commercial use as a hardware store. At that time, the zoning was set to LC (Light Commercial) to reflect its use. Currently, Broadway on the north side is zoned as Highway Commercial on both sides. Director Sanner notes that the LC Zone does not permit the operation of a veterinary clinic. The applicant intends to purchase this property and relocate their veterinary clinic there. Staff supports this request, as the comprehensive plan designates this area as a mixed-use center, and the zoning on the north side is Highway Commercial, making this change logical. Director Sanner also points out that the property is within the Airport Overlay zone, which allows for limited development. The existing building on the property is commercial, and the request is to rezone it to Highway Commercial. Mayor Casper invited public testimony, but no one came forward. She then closed the hearing and asked the Council members to deliberate. The Council had no comments for deliberation. It was moved by Councilor Larsen, seconded by Councilor Radford approve the Ordinance Rezoning approximately 0.415 acres of the South 18,124 Square Feet of Lot 2, Block 2, Old Fashioned Way, Division 1 from LC, Limited Commercial to HC, Highway Commercial, under a suspension of the rules requiring three complete and separate readings and request that it be read by title and published by summary. The motion carried by the following vote: Aye – Councilors Dingman, Burtenshaw, Francis, Freeman, Larsen, Radford. Nay - None. At the request of Mayor Casper, the City Clerk read the ordinance by title only: ORDINANCE NO. 3586 AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO; PROVIDING FOR THE REZONING OF APPROXIMATELY 0.415 ACRES AS DESCRIBED IN SECTION 1 OF THIS ORDINANCE FROM LC, LIMITED COMMERCIAL TO HC, HIGHWAY COMMERCIAL; AND PROVIDING SEVERABILITY, PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE. It was moved by Councilor Larsen, seconded by Councilor Radford approve the Reasoned Statement of Relevant Criteria and Standards for the Rezone from LC to HC and give authorization for the Mayor and City Clerk to execute the necessary documents. The motion was carried by the following vote: Aye – Councilors Francis, Dingman, Freeman, Larsen, Radford, Burtenshaw. Nay - None.  680 Park Avenue City Council Meeting Idaho Falls, ID 83402 Minutes 7) Quasi-judicial Public Hearing-Rezone from R3, Multiple Dwelling Residential to LC, Limited Commercial, Zoning Ordinance and Reasoned Statement of Relevant Criteria and Standards on approximately 58.27 acres of the Northwest ¼ of Section 32, Township 3 North, Range 38 East. The Planning and Zoning Commission considered this item at its August 6, 2024, meeting and unanimously voted to recommend approval of the zone change from R3 to LC to the Mayor and City Council as presented. Mayor Casper opened the hearing and ordered all items presented to be a part of the official record. Applicant: Gilmore Jenkins, Harper Leavitt engineering, 101 South Park Ave, Idaho Falls, Idaho. Mr. Jenkins’ PowerPoint Presentation Slide 1: Property Location • Location: East of 5th East (Lewisville HWY), between 65th N and 49th N, north of Idaho Falls. • Parcel Numbers: RPA00038322738 (26.34 Acres) and RPA00038324202 (76.88 Acres). Mr. Jenkins is requesting a zoning change for the west half of the property, approximately 58.27 Acres, from R3 Mixed Residential to LC Limited Commercial. Slide 2: Current Zoning Map Current Zoning: R2 Mixed Residential, R3 Multiple Dwelling Residential. Mr. Jenkins provided several reasons for requesting this zoning change. Slide 3: Proposed Rezone Map Proposed Change: From R3 Mixed Residential to LC Limited Commercial for 58.27 Acres. Slide 4: Zone Map with Rezone Proposed Rezone: LC Limited Commercial. Slide 5: Preliminary Plat Layout – Aspen Meadows Mr. Jenkins highlighted the “collector” road that divides the property, which they used as the eastern boundary for the rezone. The plan includes several larger lots and some smaller residential lots on the other side. The residential zone does not change the maximum allowed density. Slide 6: Idaho Falls Comprehensive Plan Overlays: Mixed-Use Centers and Corridors, General Urban, and Suburban. Mr. Jenkins pointed out a node in the comprehensive plan that aligns with the LC zone and its permitted uses, fitting well with the suggested transect. Slide 7: Master Plan Slide 8: Property Location, North County Interface Mr. Jenkins mentioned that the commercial node aligns with a walkable center study conducted by the Utah State University a few years ago, fitting well with the Northeast corner of the North County section. He believes it is worthwhile to follow this plan and incorporate commercial nodes within areas already zoned for higher density, providing services closer to residents’ homes. Councilor Francis asked Mr. Jenkins why he chose the LC zone, which emphasizes commercial use, instead of R3A, which allows commercial activities within a residential setting. Mr. Jenkins explained that the uses permitted in the LC zone are more appealing, as they include facilities like schools and education centers. He added that these uses align well with the overall vision of the project. Director Sanner provided a staff report, noting that the east side of the property is designated as an arterial. The south side is classified as general urban, while the north side features mixed-use centers and corridors, making the LC zone compatible with this transect.  680 Park Avenue City Council Meeting Idaho Falls, ID 83402 Minutes Director Sanner mentioned that Utah State University students analyzed the growth history and assets such as roads, identifying this area as one of six designated walkable centers. The request for the LC zone aligns with the mixed-use element and supports the applicant’s goal of reducing car dependency. He also highlighted that the property has an airport overlay on its north side and is currently vacant. Additionally, Director Sanner pointed out that Highway 20 has an off-ramp leading to 5th North, which provides a commercial element that could support traffic and gradually transition into a walkable center as one moves north. This item was considered by the Planning and Zoning Commission at its August 6, 2024, meeting, where it was unanimously recommended for approval of the zone change from R3 to LC to the Mayor and City Council. Councilor Burtenshaw noted that the proposed realignment is currently just a proposal, and while a preliminary plat has been presented, it may not reflect the final plan. Director Sanner concurred, stating that the comprehensive plan should clearly outline the rezone. Public Comment: Tonya Rollings, a resident of North Side Circle, has several concerns about the proposed rezone to Limited Commercial. She is worried about traffic congestion and the lack of a traffic study in the staff recommendation, which claims the rezone may reduce congestion without substantiation. Ms. Rollings also questions the area’s walkability for commercial purposes, citing the high-speed limits on the nearby 5th East arterial highway. She appreciates the effort put into the comprehensive plan but doesn’t understand the basis for some recommendations. Tonya notes that the area was traditionally zoned agricultural or residential, and its recent annexation and rezoning to R3 represent a significant change that could negatively impact property values. She argues that there is already sufficient limited commercial zoning in the area and that changing residential zones to additional commercial zones seems to favor a developer’s request, potentially leading to inconsistent and possibly invalid spot zoning. Mayor Casper asked how speed limits and traffic accommodations are set after development. Assistant Director Canfield explained that as development progresses, traffic patterns change. Most city roads have speed limits of 40 mph or less. He noted that 5th East, originally a state highway, is now maintained by the city after annexation. They work with adjacent developments on traffic impact studies, evaluating safety, speeds, and traffic counts during the preliminary plat stage. Mayor Casper then closed the hearing and asked the Council members to deliberate. Councilor Francis asked Councilor Radford if he had considered whether LC zoning promotes walkability in the 58-acre area compared to R3 zoning. Councilor Radford responded that, according to the comprehensive plan, the city aims to use LC zoning to achieve this. While the property may seem remote, LC zoning will foster walkability for residents, making Limited Commercial zoning beneficial. Councilor Burtenshaw expressed that she doesn’t view the area as walkable and feels the comprehensive plan is more of a future vision. She noted that many properties already have homes on them, and the location is too far south to be considered walkable. She mentioned that the property could potentially house a big box store. While she supports the LC zoning, walkability is not a deciding factor for her. Councilor Freeman agreed but noted that the area is accessible by car, bike, or scooter, making it suitable for short trips rather than longer ones. The City Clerk informed the Mayor and Council that Council Member Dingman had left the virtual meeting (9:50 p.m.).  680 Park Avenue City Council Meeting Idaho Falls, ID 83402 Minutes It was moved by Councilor Larsen, seconded by Councilor Radford to approve the Ordinance Rezoning approximately 58.27 acres of the Northwest ¼ of Section 32, Township 3 North, Range 38 East from R3, Multiple Dwelling Residential to LC, Limited Commercial, 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 Larsen, Francis, Radford, Burtenshaw, Freeman. Nay - None. At the request of Mayor Casper, the City Clerk read the ordinance by title only: ORDINANCE NO. 3587 AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO; PROVIDING FOR THE REZONING OF APPROXIMATELY 58.27 ACRES AS DESCRIBED IN SECTION 1 OF THIS ORDINANCE FROM R3 MULTIPLE DWELLING RESIDENTIAL TO LC, LIMITED 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 R3 to LC and give authorization for the Mayor and City Clerk to execute the necessary documents. The motion was carried by the following vote: Aye – Freeman, Radford, Burtenshaw, Francis, Larsen. Nay - None. 8) Reasoned Statement of Relevant Criteria and Standards for Council's decision on the Conditional Use Permit to Allow Ag Tourism Use in the LM, Light Manufacturing, and Heavy Commercial Zone, issued by the Board of Adjustment on July 25, 2024. City Attorney Micheal Kirkham explained that under the Local Land Use Planning Act, the Council must produce a written Statement of Criteria and Standards when making a final land use decision. This pertains to the appeal from the Board of Adjustments regarding the issuance of a conditional use permit for the U-Pick Red Barn, which the Council approved on August 8th. The Council determined that the Board should have granted the requested variance, provided that the deciduous trees on the North boundary meet the landscaping buffer requirements. This is contingent on the City Forester’s assessment that the existing trees offer an adequate land use buffer between the commercial agricultural tourism activity—during the approved six-week period—and the residential zone. If the City Forester finds the existing trees insufficient, the Applicant must plant additional trees as specified by the Zoning Code. Councilor Francis believes that the board of adjustment made no error because he feels there is a need for more trees. It was moved by Councilor Burtenshaw, seconded by Councilor Radford to Reverse the decision of the Board of Adjustment which denied the landscaping variance on the North subject to the condition stated above; affirm the Board of Adjustment’s other landscaping conditions; and clarify that the trees on the East and West may be clustered as permitted by the Zoning Code and allow the mayor to sign said document. The motion was carried by the following vote: Aye – Councilors Larsen, Radford, Burtenshaw, Freeman. Nay – Francis.  680 Park Avenue City Council Meeting Idaho Falls, ID 83402 Minutes 6. Announcements Work Session: Scheduled for September 23rd. 9/11 Memorial Dedication: On September 11th, a dedication ceremony for the 9/11 Memorial was held at Idaho Falls Fire Station 1, located at Park and E Street. Everyone is encouraged to visit and see the memorial. First Responders Luncheon: Today, a luncheon was held to honor first responders. Several of our own were recognized. We extend our gratitude to the sponsors: East Idaho News, the Chamber of Commerce, Melaleuca, and others. Adjournment. There being no further business, the meeting adjourned at 10:03 PM. s/ Corrin Wilde s/Rebecca L. Noah Casper Corrin Wilde, City Clerk Rebecca L. Noah Casper, Mayor +