Sep 11, 2025 City Council Meeting

[1. Call to Order]

[00:00:06]

GOOD EVENING EVERYONE. WE'RE GOING TO GO AHEAD AND CALL OUR MEETING TO ORDER ON THIS THURSDAY NIGHT. AND WE WELCOME ALL OF YOU WHO ARE JOINING US IN PERSON. AND AND WE SAY HELLO TO EVERYBODY ONLINE. AND WITH THAT, I WOULD INVITE OUR CITY CLERK TO CALL THE ROLL TO ESTABLISH OUR QUORUM. ALTHOUGH, YOU SEE, ALL THE SEATS ARE FILLED, SO THIS IS JUST A FORMALITY. COUNCIL PRESIDENT BURTENSHAW HERE, COUNCILOR RADFORD. PRESENT. COUNCILOR.

DINGMAN. HERE. COUNCILOR. FREEMAN. HERE, COUNCILOR. FRANCIS HERE. COUNCILOR. LARSON HERE. MAYOR. YOU HAVE A QUORUM. THANK YOU. IT'S OUR TRADITION TO BEGIN OUR MEETING WITH THE PLEDGE OF ALLEGIANCE. OUR FLAG IS UP HERE. AND IF YOU'RE INCLINED, I WOULD INVITE YOU TO JOIN ME. STAND AND JOIN WITH ME. I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA.

AND TO THE REPUBLIC FOR WHICH IT STANDS. ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL. SO BEFORE WE BEGIN, I WOULD JUST NOTE WITH SOME SOLEMNITY THAT THIS IS THE THE 24TH ANNIVERSARY OF THE 911 ATTACKS THAT THIS NATION EXPERIENCED IN 2001. AND I HOPE THAT YOU HAVE FOUND AN OPPORTUNITY TO REFLECT ON THAT AND TO MAYBE TAKE A LITTLE PRIDE IN HOW WELL WE WE RESPONDED TO THAT AND OUR OUR FELLOW AMERICANS WHO PULLED TOGETHER AND TOOK CARE OF EACH OTHER AS BEST THEY COULD. SO. WE I HOPE THAT NEXT YEAR, THE 25TH ANNIVERSARY IS A IS A DAY WHERE WE WILL SEE A LOT OF COMMEMORATING. BUT IN THE

[Additional item]

IT'LL TAKE YOU TO A SITE THAT SHOWS YOU NOT ONLY THE AGENDA THAT YOU KNOW WHAT, HOW MANY PAGES, NINE PAGE AGENDA, BUT IT WILL ALSO GIVE YOU THE PACKET. AND THE PACKET IS, YOU KNOW, THIS MANY MORE PAGES, BUT EACH AGENDA ITEM HAS DETAIL AND YOU'LL GET THAT ON THE WEBSITE.

AND THAT'S ALWAYS IT'S ALWAYS THAT WAY. BUT WE DON'T WASTE THE PAPER TO PRINT THAT BIG, BIG AGENDA FOR EVERYONE IN THE ROOM. WE JUST GIVE YOU THE THE WHAT DO YOU CALL IT, THE READER'S DIGEST VERSION, I GUESS. AND SO A COUPLE OTHER THINGS. WHEN WE GET TO PART FIVE. SECTION C, WE HAVE SIX ITEMS IN THAT SECTION COMING TO US FROM PUBLIC WORKS. AND THREE OF THE PUBLIC WORKS MOTIONS ARE GOING TO BE ADJUSTED. JUST SLIGHT CHANGES IN THE LANGUAGE ASSOCIATED WITH THOSE. AND THAT LANGUAGE IS JUST CLARIFICATION LANGUAGE. AND SO EXCUSE ME, IT READS A LITTLE BIT DIFFERENT FROM WHAT YOU SEE. DON'T WORRY. THE COUNCIL IS GOING TO MAKE A MORE PRECISE MOTION. AND SO WITH THAT I THINK WE'LL GO AHEAD AND GET STARTED. COUNCIL,

[3. Public Comment]

[00:05:07]

THANK YOU, MR. BYRON. BYRON, WE APPRECIATE IT. I MEAN, BYRON AND I DO LIVE IN THE CITY LIMITS, AND I'M ALSO SPEAKING ABOUT THE PARKING FOR HANDICAP. I ACTUALLY CALLED THE GENERAL CITY OFFICE THE 2ND OF JUNE, AND SHE TOOK NOTES AND WAS GOING TO FORWARD THEM TO THE DOWNTOWN DEVELOPMENT CORPORATION, AND THAT THEY ASSURED ME THEY WOULD GET BACK.

WELL, THEY NEVER DID. AND THEN ALL OF A SUDDEN, I SAW THIS NEW SYSTEM THAT WAS BEING OFFERED DOWNTOWN WITH THE APP AND PAID PARKING, AND AND HANDICAPPED PEOPLE HAVE ALWAYS BEEN ABLE TO PARK ANYWHERE FOR HOWEVER LONG. WELL, THAT JUST ASSURED I HAD NO PLACE TO PARK AND I HAD TO MEET WITH MY ATTORNEY ONE TIME, AND I HAD TO PARK TWO BLOCKS AWAY IN A PARKING LOT THAT I HAD TO PAY. IT WAS LIKE $8 OR SOMETHING FOR THE TIME I WAS THERE. AND YUP, EXCUSE MY VOICE, THE SMOKE. LAST WEEK I DEVELOPED A LITTLE BIT OF A BRONCHITIS, BUT I WHEN THE DOWNTOWN DEVELOPMENT CORPORATION POSTED ON FACEBOOK, I ASKED SOME QUESTIONS AND I ASKED FOR REPLY. I NEVER GOT THE PHONE CALL FROM THEM AND IN JUNE I NEVER GOT A RESPONSE ON FACEBOOK. I NEVER GOT AND I ASKED THEM MULTIPLE TIMES. I SAID, PLEASE EXPLAIN TO ME HOW THIS WORKS. AND AND THEY DID RESPOND TO PEOPLE AND SAY, WELL, HANDICAPPED CAN PARK WHEREVER THEY WANT FOR AS LONG AS THEY WANT. THEY DON'T GET A TICKET. WELL, FIRST OF ALL, I NEVER KNEW THAT. AND THEN THERE ARE NEXT THING WAS, WELL, THOSE THOSE LITTLE PLACES AT THE END OF THE STREET WHERE IT SAYS LOADING AND UNLOADING, YOU CAN PARK THERE TOO. THOSE ARE ALWAYS FILLED. AND WHO KNEW THOSE WERE FOR A REGULAR PERSON BECAUSE IT JUST SAID LOADING AND UNLOADING. SO I ASSUMED IT WAS FOR SOMEBODY LOADING STUFF INTO OR OUT OF A BUSINESS. I THINK THEY'VE BEEN REALLY REMISS AND DISRESPECTFUL TO THE HANDICAPPED COMMUNITY. THERE ARE SOME PARKING PLACES DOWN THERE THAT IF YOU HAVE TO OPEN YOUR DOOR MORE THAN THIS WIDE BETWEEN SPACES, YOU CAN'T GET OUT OF YOUR CAR. SO THEY'RE JUST SO NARROW. THEY'RE NOT ADDRESSING THE NEEDS OF THE COMMUNITY. AND I REALLY FELT DISRESPECTED BY THE LACK OF COMMENT THAT I RECEIVED BACK FROM THEM. AND THERE JUST SEEMED TO REALLY DISREGARD.

THANK YOU. THANK YOU, MISS BYRON. WE APPRECIATE THE TWO OF YOU CALLING THIS TO OUR ATTENTION. WE'RE GOING TO TRY TO MAKE SURE THAT WE ARE, IN EVERY WAY POSSIBLE, COMPLIANT WITH ADA, BUT ALSO THOUGHTFUL ABOUT HOW THIS IS MANAGED. SO APPRECIATE IT. ARE THERE ANY OTHERS? THERE'S A DEFINITE THEME TONIGHT. MY NAME IS TERRY IRELAND AND I AM A RESIDENT OF IDAHO FALLS. I AM ALSO THE TEMPORARY ACTING GOVERNMENT LIAISON BETWEEN THE NEWLY FORMED IDAHO FALLS DOWNTOWN MERCHANTS ASSOCIATION AND THIS GROUP, AND ANY OTHER GOVERNMENT GROUP. WE HAD OUR FIRST MEETING TODAY, AND I WANT TO TALK A LITTLE BIT ABOUT WHAT WE COVERED. AND HANDICAPPED PARKING IS ON OUR LIST. OKAY. SO SOME OF THE THINGS WE

[00:10:01]

THEY ARE OFFICES. THEY DON'T WANT A BIG STINKY TRASH CAN IN THEIR OFFICE SPACE. THEY DON'T HAVE ANYWHERE TO STORE IT OUTDOORS. THEY WANT SOME RESOLUTION TO THAT. THERE IS ONE BUSINESS DOWNTOWN CALLED MUSIC CARES, WHO HAS NO TRASH SERVICE WHATSOEVER. AND THE 91 YEAR OLD GENTLEMAN THAT OWNS THAT STORE PACKS IT UP AND PUTS IT IN HIS CAR, TAKES IT HOME AND PUTS IT IN HIS RESIDENTIAL TRASH COLLECTION. SO WE NEED TO FIX THAT. THERE'S ALSO A HORRIBLE LACK OF COMMUNICATION, OF COURSE, WITH THE DDC, WHICH IS THE IDAHO FALLS DOWNTOWN DEVELOPMENT CORPORATION, IN CASE ANY OF YOU DIDN'T KNOW. THEY HAVE A NEWSLETTER, THEY HAVE A FACEBOOK PAGE, BUT IT'S ALWAYS BROKEN. A FEW PEOPLE DO FACEBOOK, A FEW PEOPLE GET THE NEWSLETTER. THE NEWSLETTER MIGHT GO TO YOUR SPAM FOLDER SO YOU'RE NOT AWARE OF IT. SO THERE NEEDS TO BE BETTER COMMUNICATION FROM ALL OF THE GROUPS THAT USE DOWNTOWN, WHETHER IT'S THE FARMERS MARKET, THE IFDC, THE MERCHANTS ASSOCIATION AND VARIOUS DEPARTMENTS WITHIN THE CITY GOVERNMENT AND THE CITY COUNCIL AS WELL. OKAY, PARKING. HERE WE GO. EVERYONE, OF COURSE, VENTED AT THE MEETING AND MOST OF THE STORIES WERE QUITE SIMILAR. BUT HERE'S A UNIQUE ONE THAT I HADN'T THOUGHT OF AND WOULD BE OF INTEREST TO YOU. VIBES.

WHEEL ALIGNMENT THAT'S BEEN DOWNTOWN FOR PROBABLY AS LONG AS THERE HAS BEEN IN DOWNTOWN, AS LONG AS PEOPLE HAVE NEEDED WHEEL ALIGNMENT, FOR SURE. THERE STORY WAS A CUSTOMER DROPS OFF A CART AT 830 PARKS SOMEWHERE ON THE STREET IN FRONT OF THEIR SHOP. CUSTOMER GOES ON TO WORK. THEY BRING THE CAR IN THE SHOP. THEY WORK ON THE CAR. THEY PUT IT BACK OUT ON THE STREET AROUND 430 FOR THE CUSTOMER TO PICK UP. THE CUSTOMER ARRIVES AROUND 445, AND HE'S GOT A TICKET FOR HAVING BEEN PARKED ON THE SAME STREET ALL DAY LONG. THE WAY THAT THEY SOLVED THAT PROBLEM WAS SPENDING $400,000 TO BUY A VACANT LOT ON THE CORNER OF BROADWAY AND YELLOWSTONE. WELL, WE CAN'T ALL JUST GO BUY ANOTHER LOT TO ATTACH TO OUR BUSINESSES, SO THAT'S SOMETHING WE NEED. WE NEED TO THINK ABOUT. WE NEED TO HAVE A MORE SPECIFIC PER BUSINESS SOLUTION. THE CHARGE WITH THE DUMPSTERS HITTING THAT ONE AGAIN, AND MAYBE THERE COULD BE A FLAT RATE GARBAGE CHARGE PER SQUARE FOOTAGE RATHER THAN HAVING ASSIGNED DUMPSTERS AND THEN EVERYONE FIGHTING OVER YOU. PUT YOUR TRASH IN MY DUMPSTER WHEN MY DUMPSTER WAS FULL. THAT'S BECAUSE, YOU KNOW, JOE, WITH THE THIS SHOP PUT HIS GARBAGE IN MY DUMPSTER. IT'S JUST CREATED MORE PROBLEMS THAN IT SOLVED. THERE'S AN ISSUE OF CITY RESIDENTS. MANY CITY RESIDENTS DON'T KNOW THAT THEY COULD GET A PARKING PERMIT SO THAT THEY COULD PARK DOWNTOWN. I KNOW TWO RESIDENTS THAT MOVE THEIR CAR EVERY TWO HOURS DURING THE DAY, WHEN THEY SHOULD HAVE A RESIDENTIAL PARKING PERMIT, AND I THINK A REALLY EASY SOLUTION TO THAT WOULD BE TO MAKE IT A PART OF THE UTILITIES SITUATION. FLAG IT BY ADDRESS. THIS ADDRESS IS A DOWNTOWN RESIDENCE. THEY'RE GOING TO NEED A PARKING PERMIT.

SO IT COSTS X NUMBER OF DOLLARS A MONTH. AND IT'S INCLUDED WITH YOUR UTILITY BILLING. AND SO WHEN A PERSON GOES OVER TO THE UTILITY OFFICE TO GET UTILITIES IN THEIR NAME, THEY'RE MADE AWARE OF A PARKING PERMIT, AND THEY'RE ABLE TO PAY IT WITH THEIR POWER BILL. REALLY GOOD SUGGESTION. A COUPLE OF OTHER PROBLEMS AND SOLUTIONS WE CAME UP WITH TODAY. WE NEED SOME GREATER PUBLIC SAFETY DOWNTOWN. WE NEED FOR ALL OF THE LIGHTS TO BE ON TIMERS THAT ARE ON SIDEWALKS SO THAT THEY ALL COME ON AT DUSK, INSTEAD OF SOME ON THIS BLOCK, SOME ON THIS BLOCK, SOME OVER HERE ON THIS BLOCK. WE HAVE A COUPLE OF DEAD TREES. ON BEING SHOUP. THEY NEED TO EITHER BE TRIMMED SO THAT YOU CAN SEE THE STOP SIGN OR REMOVED THE DILAPIDATED SIGNAGE FOR ALL OF THE VARIOUS PARKING LOTS THAT NEEDS TO BE REFRESHED OR TO BE UPDATED. A LOT OF THE INFORMATION IS CONFLICTING OR CONFUSING. I WATCHED AN ELDERLY COUPLE SQUATTING BESIDE A PAY TERMINAL AT THE B STREET LAST NIGHT FOR 20 MINUTES, READING EVERYTHING ON THERE AND TRYING TO DECIPHER HOW TO PAY AND WHAT TO PAY. SOMETIMES IT'S JUST THAT THE FONT IS TOO SMALL ON SOME OF THE SIGNAGE, THINGS LIKE THAT. SOME OF THEM ARE VERY SUN FADED, AND SOME OF THEM HAVE BEEN SUBJECTED TO A LITTLE BIT OF VANDALISM. SO WE NEED TO REFRESH ALL OF THAT. WE ALSO NEED MORE TRASH CANS DOWNTOWN, AND WE NEED FOR THEM TO BE CLEANED AND EMPTIED MORE FREQUENTLY. THE ONES ON THE BLOCKS, THE BEAUTY, THEY'RE BEAUTIFUL. THE ONES WE HAVE ARE JUST BEAUTIFUL. THEY DON'T HAVE A HUGE CAPACITY, BUT SO THEY NEED A LITTLE MORE, A LITTLE MORE TLC AND MORE THEY'RE GETTING. THE MERCHANTS ASSOCIATION HAS TAKEN ON GOING BUSINESS BY BUSINESS TO INTERVIEW EACH BUSINESS AND ASK WHAT THEIR SPECIFIC PARKING NEEDS ARE, AND WE'RE GOING TO PUT TOGETHER A SURVEY AND WE'RE GOING TO WE'RE GOING TO DO OUR

[00:15:03]

WELL. AND IF YOU COULD POINT ME IN THE RIGHT DIRECTION HAPPY TO DO THAT. THANK YOU, THANK YOU.

ALL RIGHT. ANYONE ELSE WHO WOULD LIKE TO ADDRESS THE COUNCIL THIS EVENING? OKAY.

[4. CONSENT AGENDA]

AND THESE ITEMS ARE, WELL, THERE'S ONLY ONE. AND IT'S NOT CONTROVERSIAL. IT DOESN'T REQUIRE A LOT OF DEBATE. SO WE'RE GOING TO INVITE OUR CITY CLERK TO READ THAT INTO THE RECORD. AND THEN I'LL TURN TO OUR CITY COUNCIL PRESIDENT FOR A MOTION. WE JUST HAVE ONE TONIGHT FROM IDAHO FALLS POWER. AND THAT IS APPROVAL FOR A CONTRACT WITH DAVEY TREE SURGERY COMPANY FOR $850,000 TO CLEAR ENCROACHMENTS. I MOVE THE COUNCIL, APPROVE ALL ITEMS ON THE CONSENT AGENDA ACCORDING TO THE RECOMMENDATION PRESENTED SECOND. ALL RIGHT, WE HAVE A MOTION AND A SECOND ON THIS STRAIGHTFORWARD MOTION, WE WOULD ASK THE CITY CLERK TO CALL THE ROLL. BRADFORD. I. LARSON. YES. FREEMAN. YES. FRANCIS I. DINGMAN. YES.

[5.A.1) Sole Source - Voltage Regulator System for the Idaho Falls Power City Plant - Basler Services, LLC]

PURCHASE OUR THAT THE SYSTEM THAT CONTROLS THE VOLTAGE ON OUR GENERATORS IS MADE BY BASLER. AND WE'RE UPGRADING THOSE SYSTEMS. SO WE'RE PRETTY MUCH STUCK WITH USING BASLER PART. SO THIS IS $201,000. AND IT'S IT'S A NUMBER OF PARTS. AND THE PROFESSIONAL SERVICES THAT ALLOW US TO PUT THOSE IN, WE WILL TAKE THE SPARE PARTS OUT AND USE THOSE AS SPARES FOR OUR OTHER TWO TURBINES. OKAY. DO WE HAVE QUESTIONS FOR MR. BORMAN? ALL RIGHT. WELL, THEN THERE WAS SOME DISCUSSION ABOUT THIS IN AN EARLIER MEETING. THAT MAY BE WHY THEY'RE NOT CURIOUS BECAUSE THEY'VE ALREADY SATISFIED THEIR ANSWER QUESTIONS. AND SO I'LL TURN TO THE LIAISONS FOR A MOTION. COUNCILOR FREEMAN. YEAH, I GOT THAT, MAYOR. THANK YOU. AND I WOULD MAKE THAT POINT THAT IN A, IN A BOARD MEETING THAT WE HAD A COUPLE DAYS AGO, WE TALKED ABOUT THIS AT LENGTH AND ABOUT REASON FOR OUR SOLE SOURCE, BECAUSE IT'S A THE COMPANY IS THE SAME COMPANY THAT MADE THE ORIGINAL THING THAT WE'RE REPLACING THE PARTS ON. OKAY.

SO WITH THE MOTION, I WOULD MOVE THE COUNCIL, ACCEPT AND APPROVE THE SOLE SOURCE PROPOSAL PURSUANT TO IDAHO CODE 67 28082A, PARENTHESES II AND PARENTHESES VII FROM BACHELOR SERVICES, LLC OF LITTLETON, COLORADO FOR THE AMOUNT OF $201,001.19. AND I'LL SECOND THANK YOU, CITY CLERK. WE HAVE A MOTION READY FOR A VOTE. FRANCIS A. FREEMAN. YES.

DINGMAN. YES. LARSON. YES. BRADFORD A BURTENSHAW. YES. MOTION CARRIES. VERY GOOD.

[5.B.1) Purchase Water Meters and Cellular Endpoints for Public Works]

[00:20:03]

THANK YOU, MAYOR AND CITY COUNCIL. SO THE FIRST ITEM IS A QUOTE THAT WE RECEIVED FROM HYDRO SPECIALTIES COMPANY. THEY WERE APPROVED BACK IN JANUARY OF 2023. AND THE CITY COUNCIL WORK SESSION IS A SOLE SOURCE VENDOR FOR THE PURCHASE OF THE BADGER WATER METERS THAT ARE PUBLIC WORKS WATER DIVISION USES. THIS ITEM IS A REQUEST TO REPLENISH WATER DIVISION INVENTORY FOR A TOTAL OF $198,704 AS A SOLE SOURCE, AS PER THE ACTION ITEM THAT WILL BE READ IN THE RECORD. OKAY, COUNCIL MEMBERS, DO ANY OF YOU HAVE QUESTIONS FOR DIRECTOR ALEXANDER REGARDING THIS ITEM? ALL RIGHT, SO, COUNCILOR LARSON, I BELIEVE YOU'RE GOING TO MAKE THE MOTION. YOU WILL MAKE A MOTION. BUT I DID WANT TO MAKE ONE COMMENT JUST TO POINT OUT THAT THIS IS TO REPLENISH THE WATER DIVISION INVENTORY AND SO THAT CONTRACTORS ARE ABLE TO BUY OFF OF THE CITY INVENTORY RATHER THAN HAVING TO GO OUT AND PURCHASE ON THEIR OWN. THAT IS SOMETHING THAT WE I'M GUESSING THAT'S THE WAY WE ASSURE THAT THERE IS ALWAYS THE RIGHT PART BEING USED. AND THAT BRINGS UP THE POINT, IS THAT THEY BUY A COST, RIGHT? YES.

CORRECT. COUNCILOR FRANZEN IS CORRECT. SO IT'S FOR PURPOSES OF CONSISTENCY OF OF WATER METERS. VERY GOOD. ALL RIGHT. I MOVE THAT COUNCIL DECLARE HYDRO SPECIALTIES COMPANY AS THE ONLY VENDOR REASONABLY AVAILABLE FOR THE PURCHASE OF BADGER WATER METERS AND CELLULAR ENDPOINTS FOR IDAHO CODE SECTION 6728022, A TWO AND SEVEN, AND ACCEPT AND APPROVE THE QUOTE RECEIVED FROM HYDRO SPECIALTIES COMPANY FOR BADGER METERS AND CELLULAR ENDPOINTS FOR THE AMOUNT FOR THE TOTAL OF $198,704 AND DIRECT STAFF TO COMPLETE THE PURCHASE OF BADGER REPLACEMENT AND RESALE PARTS. SECOND, SORRY, THAT'S OKAY, JUST READING IT. SECOND, WE HAVE A MOTION READY TO GO. CITY CLERK, WILL YOU CONDUCT IT? MAYOR, CAN I MAKE A CLARIFICATION THAT IT'S IDAHO CODE 672808? I THINK IT WAS READ AS 2802I THINK OKAY, THAT THAT'S GREAT. OKAY. THANK YOU.

FREEMAN. YES. BRADFORD A BURTONSHAW. YES. DINGMAN. YES. FRANCIS A LARSON. YES. MOTION

[5.B.2) Design and Build Fuel Canopy at the City/County Joint Fuel Facility]

IT DOES A COUPLE OF THINGS. ONE, IT PROTECTS THE ASSETS THAT WE BOTH SHARE WHEN IT COMES TO FUEL DISPENSERS BECAUSE OF OUR WEATHER THAT WE HAVE HERE. AND THE OTHER THING THAT IT DOES IS IT HELPS THE WORKERS WHEN THEY'RE OUT, SAY FOR EXAMPLE, PLOWING SNOW, THEY CAN GO AND THEY'RE COVERED WHILE THEY'RE FUELING THEIR PARTICULAR PIECES OF EQUIPMENT. SO WE'RE VERY EXCITED TO BE WORKING WITH THE BONNEVILLE COUNTY ON THIS PARTICULAR ENDEAVOR. IT IS TO DESIGN AND BUILD A CANOPY. AND WE ORIGINALLY ISSUED A REQUEST FOR BID. IT WAS IF 25 021 AND WE DIDN'T RECEIVE ANY BIDDERS ON IT, AND IDAHO CODE 67 2852 A. V I AND 2B2BXI PROVIDES A MEANS FOR THE CITY TO PROCURE GOODS OR SERVICES WITHOUT FURTHER COMPETITIVE PURCHASES.

PROCEDURES. BECAUSE WE ARE POORLY BID THAT WITH NO BIDDERS. I ALSO WANT TO ADD THAT COUNCIL DID APPROVE AN AMENDMENT TO THE JOINT FUEL FACILITY AGREEMENT BACK IN NOVEMBER OF 2020. FOUR.

THIS AGREEMENT INCLUDED THE INSTALLATION OF THIS CANOPY THAT WE'RE TALKING ABOUT THIS EVENING, AND SPECIFICALLY ON THE SECTION OF THE AGREEMENT, SECTION 5.3, ONE OF THE OF THE AMENDMENT IDENTIFIES THE AGREEMENT TO CONSTRUCT CANOPY OVER THE FUEL PUMPS AT THE FACILITY AND SHARING THE CONSTRUCTION COSTS. THE QUOTE THAT THE CITY RECEIVED, WHICH THEY DID SHARE WITH THE COUNTY, WAS A TOTAL OF $315,055.53 FROM THE LEONARD PETROLEUM. THE

[00:25:01]

I'M JUST CURIOUS ABOUT THE TIMELINE FOR THIS. AND WHEN WE EXPECT IT TO, IS IT GOING TO BE DONE FOR THIS WINTER I GUESS IS MY IT'S IT'S IT'S GOING TO BE REALLY CLOSE. I MEAN, IT'S GOING TO BE DEPENDING ON WHETHER THERE'S LEONARD PETROLEUM'S BEEN OUT NUMEROUS TIMES TO SEE KIND OF THE BLUEPRINT AND THE FOOTPRINT THAT WE'VE GOT OUT THERE.

THEY'RE WILLING TO START ONCE WE IMMOBILIZE, IF YOU WILL, ONCE WE ISSUE THE POA. SO ONCE WE GET THIS, IF IT'S APPROVED BY COUNCIL THIS EVENING, WE CAN ISSUE A POA EARLY NEXT WEEK.

AND THEY WILL GET THAT. AND THEN THEY'RE GOING TO WORK US INTO THEIR SCHEDULE. WE'RE ANTICIPATING SOME PRELIMINARY WORK CAN BE DONE, BUT ONCE WE HIT, WHETHER IT'S GOING TO BE A LITTLE MORE DIFFICULT TO TO TO DO THE WORK, OKAY. OTHER QUESTIONS, COUNCILOR RADFORD.

SO I'M CONFUSED. IS THE TOTAL COST 315,000 OR IS IT 630,000? IF HALF OF IT IS FROM THE COUNTY COUNCIL? YES. THE TOTAL A QUOTE RECEIVED WAS FOR 315,055 AND $0.53. THE COUNTY HAS AGREED TO PAY HALF OF THAT, OR APPROXIMATELY $157,527.76, AND WILL LIKELY BE THROUGH A REIMBURSEMENT. SO WE'RE SPENDING THE MONEY AND THEN GETTING BASKETBALL. AND SO WE'RE MANAGING THAT PROCESS. AND THAT'S BECAUSE IN THE AGREEMENT, THE CITY DOES MANAGE THE FACILITY. MAYOR. THAT IS CORRECT, COUNCILOR FRANCIS. WELL, I NOTICED IN THEIR BID OR THEIR CONTRACT THAT THERE'S SEVERAL POINTS AT WHICH THEY SAY THIS COST COULD CHANGE, PARTICULARLY WITH STEEL. SO HOW DO WE WHAT WHAT HAPPENS TO THIS NUMBER IF THE STEEL COSTS WHEN WE'RE READY, WHEN THEY'RE READY TO DO IT, INCREASE WHAT WE WOULD NEED TO DO, COUNCILOR FRANCIS, IS IF WE HAVE A THRESHOLD ABOVE, I BELIEVE IT'S 15% OF CONSTRUCTION, WE WOULD NEED TO BRING THAT BACK AS A CHANGE ORDER TO CITY COUNCIL FOR APPROVAL, AS WELL AS BRING IT TO THE BONNEVILLE COUNTY AS WELL, AND HAVE THEM HAVE AN OPPORTUNITY TO REVIEW IT AS WELL. IT IS NOT UNCOMMON FOR A FACILITY OF THIS NATURE THAT IS AS OLD AS IT IS TO HAVE SOME THINGS THAT THEY STUMBLE UPON AS WE START WORKING ON IT. BUT I KNOW THAT THE LEONARD PETROLEUM GROUP HAD BEEN OUT AT LEAST 3 OR 4 TIMES, REALLY JUST TRYING TO MAKE SURE THAT THEY GOT THE CORRECT MEASUREMENTS. YEAH. AND I CAN FULLY UNDERSTAND WHY THEY RATE STEEL AS IT COULD GO. I GOT THAT, BUT I JUST WONDERED HOW THAT AFFECTS THE PRICE. IS THAT 15% CUMULATIVE. SO ONE COMES IN AND THERE'S LESS THAN 15%. BUT THEN THE NEXT ONE COMES IN WITH BREAK THE 15%. WHAT DO WE DO. HOW DO WE HAVE SOME CONTROL OVER THIS. SO SO COUNCILOR FRANCIS YEAH, WE ARE ACTUALLY REQUIRED BY AUTHORITY TO BRING BACK. IT'S NOT CUMULATIVE. SO IF WE GET A CHANGE ORDER THAT'S 15% ABOVE THIS TOTAL THIS EVENING, WE WILL NEED TO BRING IT BACK TO COUNCIL BEFORE WE CAN SIGN OFF ON IT AND THEN PAY FOR IT, AS WELL AS THE CHANGE ORDER WOULD NEED TO GO TO THE COUNTY AS WELL FOR THEIR APPROVAL OF THEIR HALF SHARE THAT THEY'RE WILLING TO HELP US WITH. THANK YOU. ALL RIGHT. VERY GOOD. I THINK WE MAY HAVE EXHAUSTED THE QUESTIONS. AND SO WE'RE READY FOR A MOTION. I'M READY TO MAKE THAT MOTION. I, I ALSO WANT TO THANK PUBLIC WORKS FROM BOTH THE COUNTY AND THE CITY. IT IS A LITTLE TRICKY BECAUSE INSTALLING A CANOPY OVER ELECTRICAL WORK THAT ALREADY EXISTS OUT THERE, THEY HAVE DONE A GOOD JOB WITH A GOOD SITE PLAN. SO THANK YOU. SO I WOULD MOVE THE COUNCIL, APPROVE THE QUOTE RECEIVED FROM LEONARD PETROLEUM EQUIPMENT OF IDAHO FALLS FOR A TOTAL OF $315,055.53 SECOND. ALL RIGHT. VERY GOOD. THANK YOU. CITY CLERK, WILL YOU CONDUCT THE VOTE FOR US? LARSON. YES, FRANCIS I BURTONSHAW. YES. DINGMAN. YES. FREEMAN. YES.

[Items 5.B.3) & 5.B.4)]

[00:30:06]

WE'RE GOING TO WRITE IT OFF. WHAT DO WE DO WHEN WE HAVE AN OVERDUE BILL? SO WHEN IT COMES TO UTILITIES, WE ACTUALLY WORK. WE TRY TO WORK AMONGST OURSELVES HERE INTERNALLY WITH PHONE CALLS AND LETTERS AND AND THINGS OF THAT NATURE. AND THEN ONCE WE GET TO A CERTAIN THRESHOLD, WE HAND IT OVER TO OUR COLLECTION AGENCY. AND THAT IS INTERSTATE COLLECTIONS. AND THEN THEY WORK THROUGH IT FROM THERE. AND THEY KEEP OUR STAFF INVOLVED AS THEY'RE COMMUNICATING WITH THE POTENTIAL BILL PAYER. AND THEN WHAT WE DO IN MID-YEAR, IN ABOUT MARCH, WE START LOOKING AT THESE ACCOUNTS AND HAVING REGULAR CONVERSATIONS WITH OUR COLLECTION AGENCIES, WHICH IS THIS INTERSTATE, TALKING ABOUT A LIST OF ACCOUNTS THAT THEY WOULD RECOMMEND THAT ARE UNCOLLECTIBLE. AND THAT'S JUST NOT BEING ABLE TO GET THE COLLECTIONS OUT OR MAKING PAYMENT ARRANGEMENTS WITH THE COLLECTION AGENCY. AND SO THAT'S WE ALWAYS LOOK AT LIKE A FIVE YEAR TIME FRAME, BECAUSE THE STATE STATUTE ACTUALLY HAS SPECIFIC TIMEFRAMES AS WELL AS OUR OUR SERVICE WRITE OFF POLICY. SO THIS IS A WAY WE MANAGE OUR WRITE OFF POLICY. AND IT'S IMPORTANT THAT WE LOOK AT THESE ACCOUNTS BECAUSE WHEN WE HAVE OUR AUDIT WE ARE REQUIRED TO REPORT WHAT OUR ACCOUNTS RECEIVABLE, WHAT WE BELIEVE IT TO BE. AND IF WE KNOW THAT WE'RE NOT GOING TO BE COLLECTING ON THESE PARTICULAR ACCOUNTS, IT'S BEST FOR US TO NOTE THAT ON WITH OUR AUDITORS SO THEY CAN REFLECT THE CORRECT ACCOUNTS RECEIVABLE ESTIMATION. ALL RIGHT. ANY QUESTIONS FROM MEMBERS OF THE COUNCIL FOR DIRECTOR ALEXANDER. ALL RIGHT. THANK YOU. AND THEN THAT IS THAT OKAY. SO TO MAKE SURE WE WEREN'T MESSING UP. AND SO WITH THAT I'M GOING TO TURN TO COUNCILOR LARSON TO MAKE A MOTION. I MOVE THAT COUNCIL APPROVE THE WRITE OFF OF $184,950.87 IN UNPAID UTILITY SERVICE ACCOUNTS, WHICH HAVE BEEN DETERMINED AS UNCOLLECTIBLE. SECOND, THANK YOU VERY MUCH, CITY CLERK. WE ARE READY TO GO WITH A VOTE. DINGMANN. YES. BRADFORD. LARSON.

YES. BURTONSHAW. YES. FRANCIS A FREEMAN. YES. MOTION CARRIES. OKAY, SO THE NEXT ONE HAS TO DO WITH AMBULANCE SERVICE ACCOUNTS. AND THIS IS A LITTLE BIT OF A BIGGER, BIGGER ISSUE. YES. SO THANK YOU MAYOR AND CITY COUNCIL. SO THIS ONE IS FOR THE UNPAID UNPAID AMBULANCE SERVICE ACCOUNTS. WE DO HAVE OUR CHAIR HERE OF OUR AMBULANCE COMMITTEE. AND THAT IS DIVISION CHIEF PERRY JOHN PERRY. HE'S IN THE BACK. AND WHAT WE DO WITH THIS COMMITTEE IS WE MEET ONCE A MONTH AND WE GO THROUGH ALL OF THE COLLECTIONS THAT WE HAVE ANY ANY COMPLAINTS ABOUT BILLS OR ANY QUESTIONS ABOUT BILLS. WE ALSO INCLUDE A REVIEW OF HARDSHIPS. SO ONE OF THE THINGS WE DO WITH THE COLLECTIONS IS WE DO REVIEW OUR MONTHLY REPORTS FROM OUR CREDIT AGENCY, AND THAT'S PROFESSIONAL CREDIT THAT WE CONTRACT WITH TO PROVIDE COLLECTIONS. AND THEN WE ALSO LOOK AT THE REPORTING THAT WE RECEIVE FROM OUR MILLER IS WHITMAN. THEY DO OUR ELECTRONIC BILLING BILLING FOR US. SO ONE OF THE THINGS YOU'LL SEE HERE IS YOU SEE MEDICAID AND MEDICARE. NOW WE ARE REQUIRED TO SUBMIT THE FULL PUBLISHED RATES. WHEN WE SUBMIT A BILL TO A PATIENT THAT RECEIVES SERVICES. AND WHAT MEDICAID AND MEDICARE DO IS THEY DISCOUNT THAT DOWN TO WHAT THEY WHAT THEY CALL ALLOWABLE. SO THIS WRITE OFF INCLUDES THE

[00:35:06]

THIS CATEGORY ACTUALLY IS THE CONTRACTUAL AND THE COLLECTION AGENCIES ACTUALLY WORK THROUGH OUR COLLECTIONS AGENCY THAT WE HAVE, AS I MENTIONED EARLIER, PROFESSIONAL CREDIT AND THE AVERAGE COLLECTION RATE THAT THEY HAVE FOR THE FOUR YEARS THAT IS PRESENTED THIS EVENING IS ABOUT 10.88%, AND THAT'S ABOUT THE NATIONAL AVERAGE FOR AMBULANCE, AMBULANCE BILLS. A LOT OF TIMES PEOPLE DON'T EXPECT TO CALL AN AMBULANCE. AND SO THERE'S A LOT OF INSURANCE COMPANIES DON'T COVER OR THEY DO COVER. THERE'S A VERY HIGH DEDUCTIBLE. AND SO SOME OF THOSE WRITE OFF ALSO INCLUDES THE COLLECTIONS ABILITY TO GET THOSE, DEDUCTIBLES THAT HAVE BEEN DETERMINED BY PROFESSIONAL CREDITORS ON ON UNPAID OR UNCOLLECTABLE, IF YOU WILL, WE THIS IS ALSO IN THE SPIRIT OF THE SERVICE WRITE OFF POLICY.

AND THE TOTAL THIS YEAR IS $4,060,999.85. OH EXCUSE ME. IT'S ALSO FOR CALENDAR YEAR, CALENDAR YEAR. SO JANUARY 1ST THROUGH DECEMBER 31ST OF 2021, 2022, 2023 AND 2024. THANK YOU, COUNCIL MEMBERS. DO YOU HAVE QUESTIONS? SO I'M GOING TO TAKE ADVANTAGE OF. OH, CHIEF PERRY BEING HERE AND ASK YOU TO COME FORWARD. I'D LIKE TO UNDERSTAND BETTER HOW AND I ALWAYS SAY THIS WRONG, BUT IS IT HOW THAT MAY BE IMPACTING OUR COLLECTIBLES HERE GMT, GMT OKAY, I ALWAYS PUT A P IN THERE AND I DON'T KNOW WHY. SO SORRY. WHICH IS THAT'S THE LEGISLATION THAT PASSED AT THE STATE LEVEL, RIGHT. FOR THOSE WHO DIDN'T KNOW THAT ACRONYM, WHICH I DON'T EVEN KNOW. BUT ANYWAY, KEEP GOING. YEAH. SO LONG STORY SHORT, WITH GMT IT WILL MAKE UP FOR MEDICARE AND MEDICAID SHORTAGES THAT, YOU KNOW, THE THE GAP THAT PAM HAS TALKED ABOUT TONIGHT WHERE WE DON'T GET REIMBURSED AT A RATE THAT WE WOULD CHARGE FOR A SERVICE.

SO WE TYPICALLY TAKE A LOSS PRETTY MUCH ON ALL OF OUR MEDICARE AND MEDICAID PATIENTS.

SO GMT REALLY IS GOING TO MAKE UP THAT GAP. ONE OF THE THINGS THAT WE'RE LOOKING FORWARD TO IS THAT FIRST REIMBURSEMENT CHECK, WE'RE REALLY PRORATE ALL THE WAY BACK TO THE 1ST OF JANUARY OF 2024. AND SO 2024 AND 25, WE SHOULD SEE A FAIRLY DECENT JUMP IN REIMBURSEMENT FOR THE GMT. AND THEN, YOU KNOW, AS LONG AS THAT PROGRAM HOLDS IN THE FUTURE, WE SHOULD SEE THOSE YEARLY CHECKS FROM HERE ON OUT. THAT WILL KIND OF MAKE A DIFFERENCE IN SOME OF THOSE LOSSES THAT WE SUSTAIN. AND WHEN I SAY WE IT'S NOT JUST IDAHO FALLS, IT'S HUMAN SERVICES THROUGHOUT THE STATE OF IDAHO. AND THE COUNTRY, REALLY. IT'S A IT'S A LOSING PROPOSITION. IT'S A NECESSARY IT'S AN ESSENTIAL SERVICE FOR SURE. SO, DIRECTOR ALEXANDER, ARE WE BEING THOUGHTFUL AND CAREFUL ABOUT NOT WRITING OFF THOSE THOSE ITEMS IN 2024 THAT COULD BE REIMBURSED BY GMT? YES. WHAT WE WOULD DO IS WE WOULD WRITE OFF THOSE UNCOLLECTIBLE ACCOUNTS THROUGH OUR COLLECTION AGENCY, AND THAT WAY THEY'RE NOT GOING TO BE ABLE TO CONTACT PEOPLE AT THAT POINT. THE OTHER THING I WANT TO POINT OUT IS WE DO HAVE QUARTERLY MEETINGS WITH OUR PROFESSIONAL CREDIT CONTRACTOR. THEY ACTUALLY HAVE A WEBSITE WITH A PORTAL ON IT, AND WE EXCHANGE INFORMATION SECURELY THROUGH THEIR SECURE, SECURE PORTAL. AND WE DO EVERYTHING THAT WE POSSIBLY CAN. WE DO PHONE CALLS, WE DO TEXTS, WE DO LETTERS. WE ALSO DO LEGAL SERVICES AS WELL. AND IT'S NOT UNCOMMON TO WORK WITH THEIR ATTORNEYS AS THEIR WITH WORK WITH THEIR ATTORNEYS, BECAUSE THEY ARE ACTUALLY LICENSED IN ALL COUNTRY, ALL STATES WITHIN THE UNITED STATES. OUR PREVIOUS COLLECTION AGENCIES, FOR MANY YEARS AGO, THEY WERE THEY WERE ONLY LICENSED IN IDAHO. SO THAT'S ONE OF THE REASONS WHY WE WERE SHIFTING TO MORE OF A NATIONAL FOCUS FOR AUTHORIZATION TO COLLECT IN THOSE OTHER STATES. OKAY. AND SO YOU DID A WONDERFUL JOB OF BEING THOROUGH ABOUT COLLECTION EFFORTS THAT WE MAKE. BUT I

[00:40:02]

AND I GUESS WHEN THAT COMES IN, THE ACCOUNTANTS ARE GOING TO SAY, OH, REVERSE THIS AMOUNT FROM THE WRITE OFF BECAUSE THEY WERE ABLE TO COLLECT. EXACTLY. OKAY. AND I THINK IF I'M CORRECT, DC PERRY, THAT WE WON'T BE HEARING THE CONFIRMATION OF THE DOLLAR AMOUNTS UNTIL AFTER THE FIRST OF THE YEAR. IN 2026. SO WE STILL HAVE TIME, BUT WE WHAT WE CAN DO IS WE CAN MAKE A FOOTNOTE TO OUR AUDITOR THAT WE MAY HAVE SOME CHANGES FOR THE 2627 BUDGET YEAR. THE THE LAG ON THIS IS VERY SIGNIFICANT. 2 TO 3 YEARS. IT REALLY IS. IT REALLY IS. BUT WHAT WE DON'T WANT TO DO IS WE DON'T WANT TO OVERSTATE OUR RECEIVABLES EITHER. IF WE DON'T HAVE THE FUNDS IN THE BANK UNTIL JANUARY OF 2020. OKAY. I JUST TOOK ME A MINUTE TO MAYBE GET TO THE RIGHT QUESTION, BUT I THINK I UNDERSTAND IT NOW. ANYTHING ELSE? COUNSELOR? FRANCIS, I HAVE A QUICK QUESTION FOR MR. PERRY. SO IS THIS MONEY FEDERAL MONEY OR STATE MONEY OR FEDERAL MONEY FLOWING THROUGH THE STATE? IT'S FEDERAL MONEY FLOWING TO THE STATE. OKAY, GOOD. OKAY. THANK YOU. ANY OTHER QUESTIONS? I THINK WE'RE READY FOR A MOTION FROM COUNSELOR LARSON. I MOVE THAT COUNCIL, APPROVE THE WRITE OFF OF UNPAID AMBULANCE SERVICE ACCOUNTS FOR THE CALENDAR SERVICE DATES OF 2021, 2022, 2023 AND 2024, DETERMINED AS PAST STATUTE OR UNCOLLECTIBLE, FOR A TOTAL OF $4,060,999.85. SECOND. ALL RIGHT, WE HAVE OUR MOTION AND OUR SECOND CITY CLERK. WILL YOU CALL THE ROLL? DINGMAN. YES.

FREEMAN. YES. FRANCIS I. BRADFORD I BURTENSHAW. YES. LARSON. YES. MOTION CARRIES.

[5.B.5) Letter of Intent to Purchase City Property]

OKAY. SO I'M GOING TO TALK A LITTLE BIT HERE I'LL PUT MY GLASSES ON OKAY. SO THIS PROPERTY THAT WE'RE, WE'RE TALKING ABOUT THIS EVENING, IT CONSISTS OF FOUR PARCELS THAT WERE DONATED OF APPROXIMATELY 8.6 ACRES. WE ACTUALLY HELD A PUBLIC AUCTION PURSUANT TO IDAHO CODE 51 4031. WE DID THAT BACK ON FRIDAY, JUNE 17TH AND 2022, AND NO BIDS WERE RECEIVED.

WE'RE REQUIRED TO AUCTION CITY PROPERTY, AND WHEN WE DO NOT GET ANY BIDS, RECEIVER, WE'RE ALLOWED TO GO WITH OTHER MEANS. AS I'VE MENTIONED IN OUR PREVIOUS ITEM THAT WE HAD, WE WERE APPROACHED BY TOK COMMERCIAL AND WE ENTERED INTO AN EXCLUSIVE SALES AGREEMENT WITH THEM. AND NICK TERRY, WHO'S IN THE AUDIENCE THIS EVENING, WAS ASSIGNED AS OUR COMMERCIAL BROKER AS PART OF THE LISTING AGREEMENT, TOK COMMERCIAL RECEIVED LETTERS OF INTENT TO PURCHASE THE PROPERTY AS AUTHORIZED BY CITY COUNCIL ON JUNE 2ND. THAT WAS A WORK SESSION THAT WE HAD ON JUNE 2ND OF 2025. A TOTAL OF THREE LETTERS OF INTENT WERE RECEIVED.

AND I'VE GOT A MATRIX HERE, AND I WANT TO MAKE ONE CORRECTION TO OUR MATRIX HERE. AND THAT IS THE WORD EXPEDITED REQUEST WAS PROBABLY A VERBAL WORD THAT WE USED, BUT IN FACT IT'S MAINLY A SUPPORT. SOME OF THESE PARTIES THAT ARE INTERESTED IN THIS PROPERTY WOULD NEED JUST A LITTLE BIT EXTRA HELP FROM OUR STAFF TO PROCESS THE THE ACTUAL DEVELOPMENT PROCESS AND THAT TYPE OF THING. SO IT'S NOT THE EXPEDITED WAS NOT A GOOD WORD TO USE, BUT IT REALLY DOES NEED TO BE CHANGED TO SUPPORT THE PROCESS. SO SUPPORT THEIR PROCESS IN IN THE INTEREST OF

[00:45:02]

SO THAT'S WHY THE GAP IN IN THAT TIMELINE, IN CASE THERE ARE ANY QUESTIONS THERE. SO AUGUST 4TH RECEIVED AN OFFER FROM MOCK LLC FOR $1.65 MILLION, $20,000 OF NONREFUNDABLE, EARNEST MONEY, SORRY, REFUNDABLE EARNEST MONEY, $20,000 OF REFUNDABLE EARNEST MONEY. THROUGH THE DUE DILIGENCE PERIOD, THEIR INTENT FOR THE PROPERTY WOULD BE AN AFFORDABLE HOUSING PRODUCT, PART OF THEIR PROCESS REQUIRES THAT ONCE THEY HAVE IDENTIFIED A PARTICULAR PROPERTY, THEN THEY CAN TAKE THE APPLICATION AND TRY TO QUALIFY FOR A TAX CREDIT. LOW INCOME HOUSING TAX CREDIT THAT'S ABOUT A SIX MONTH PROCESS PLUS A LITTLE BIT OF TIME. SO THAT'S WHY THEY REQUESTED 180 DAYS FOR THEIR DUE DILIGENCE PROCESS, WITH TWO OPTIONS TO EXTEND THE OPTION TO EXTEND THE NATURE BEHIND THAT IS, IF THEY'RE MAKING REALLY GOOD PROGRESS, THEY GET TO THE END OF THAT DUE DILIGENCE PERIOD. SOMETIMES THEY STILL HAVE A LITTLE A FEW MORE KINKS TO WORK OUT AND IRON OUT. THAT COULD BE FINAL APPROVALS FROM THE CITY. IT COULD BE THEY FOUND SOME ISSUES AND NEED A LITTLE BIT MORE TIME TO WORK THROUGH IT, BECAUSE THEY'RE STILL VERY INTERESTED IN THE PRODUCT AND THE PROJECT MOST EVERY TIME. BUT IF WE GET TO THE END OF DUE DILIGENCE AND THEY'RE ASKING FOR EXTENSION, THEY'RE INTERESTED ENOUGH THAT THEY WANT TO MOVE FORWARD WITH THE PROJECT. THEY JUST HAVE SOME KINKS. SO A LOT OF DEVELOPERS WILL RUN INTO THAT SCENARIO. AND THAT'S WHY THEY OFTENTIMES WILL ASK FOR OPTIONS TO EXTEND IN THIS CASE, TWO OPTIONS TO EXTEND FOR 60 DAYS EACH WITH SOME ADDITIONAL EARNEST MONEY. AND THEN THEIR PLAN TO CLOSE WOULD BE NO LATER THAN 60 DAYS AFTER THE END OF THEIR DUE DILIGENCE PERIOD. THE NEXT OFFER THAT WE RECEIVED WAS CLEARSTONE, LLC. THE FIRST OFFER WAS UNREPRESENTED, MEANING THAT I HAD BEEN WORKING WITH, THAT THEY FOUND MY MARKETING INFORMATION. THEY DIDN'T HAVE ANOTHER AGENT REPRESENTING THEM. THE NEXT OFFER THAT WE RECEIVED IS CLEARSTONE, LLC. THAT'S RIGHT, I GUESS. NO, SIR. UP THERE, THEY OFFERED $2 MILLION WITH $10,000 OF NONREFUNDABLE EARNEST MONEY. SO ONCE WE GET THE CONTRACT COMPLETED, HE'LL DELIVER $10,000 TO THE TITLE COMPANY. WE CAN RELEASE THAT TO THE TITLE COMPANY. THAT'S NOT CONTINGENT UPON ANY DUE DILIGENCE. HE'S SAYING WE'LL GIVE YOU THAT $10,000 RIGHT UP FRONT. HIS INTENDED PROJECT IS TOWNHOMES. I DON'T HAVE A LOT OF SPECIFICS THERE, BUT I BELIEVE HIS PRODUCT IS INTENDED TO BE TWO STORY TOWNHOMES. THE DUE DILIGENCE PERIOD THAT HE'S REQUESTING IS 120 DAYS, WITH AN OPTION TO EXTEND WITH AN ADDITIONAL $10,000 AND THEN CLOSING 30 DAYS AFTER THAT, THAT EXPEDITED REQUEST. PAM WENT THROUGH THAT. ESSENTIALLY BOTH ALL THREE OF THESE DEVELOPERS WOULD NEED TO BE WORKING CLOSELY WITH CITY LEADERSHIP, PLANNING AND ZONING, PUBLIC WORKS. THEIR COMMUNICATION IS THEY JUST WANT THE SUPPORT AND COLLABORATION TO GET THEIR PROJECT MOVING FORWARD AND GET THE APPROPRIATE APPROVALS IN PLACE. THIRD OFFER THAT WE RECEIVED WAS. SO SORRY. I DON'T KNOW IF I SAID CLEAR. SOME WAS AUGUST 22ND. NOPE, MY

[00:50:10]

[00:55:03]

TOWNHOUSE. IS WHAT THEY INTEND TO DO. NOT HAVING DONE ANY ENGINEERING, NOT HAVING DONE ANY ARCHITECTURAL, NOT HAVING VISITED WITH WADE AND HIS CREW ABOUT, YOU KNOW, OFFICIALLY WHAT THE SETBACK REQUIREMENTS ARE GOING TO BE. AND SOME OF THOSE TYPES OF THINGS, TYPICALLY, THEY DON'T START THAT LEVEL OF PROCESS UNTIL THEY ACTUALLY HAVE THE PRODUCT, THE THE PROPERTY UNDER CONTRACT. ALL THREE OF THESE OFFERS, THOUGH, THEY'RE OFFERING, YOU KNOW, CERTAIN LEVELS OF EARNEST MONEY. WE'LL BE DOING SEVERAL TENS OF THOUSANDS OF DOLLARS OF DUE DILIGENCE, ENGINEERING, ETC. IN THEIR DUE DILIGENCE PROCESS. SO AS THEY GO THROUGH THAT, THEY MAY DETERMINE, WELL, ORIGINALLY WE INTENDED THIS TO BE OUR PROJECT, BUT DUE TO THE FINDINGS IN OUR DUE DILIGENCE, WE NEED TO PIVOT. THAT'S NOT TERRIBLY UNCOMMON, BUT. IT COULD HAPPEN. SO I GUESS WHERE THIS LEADS TO, MAYBE MR. JONES IS THERE'S A LOWER BID THERE, BUT IT MAY OFFER THE COMMUNITY SOMETHING THAT VERY MUCH NEEDS. BUT IF THERE'S NO GUARANTEE WE GET IT, THERE'S NO WAY TO GUARANTEE WE GET IT. WE GET AN AFFORDABLE HOUSING PROJECT OUT OF A, YOU KNOW, IS THAT CORRECT? AM I CORRECT? WE JUST HAVE TO GO WITH INTENT. THAT'S SOMETHING I COULD LOOK INTO. I'M NOT SURE AT THIS POINT. DO YOU HAVE ANY? I DON'T KNOW THAT WE CAN FORCE THEM TO MOVE FORWARD WITH THAT PROJECT, BECAUSE THEY COULD JUST DO THEIR DUE DILIGENCE. IT DOESN'T PENCIL. I'M BACKING OUT. YEAH. SO IT'S ALL GOING TO BE DETERMINED UPON THE RESEARCH THAT THEY'VE DONE. AND THEIR IN THE, IN THEIR PRIVATE THEIR EACH OF THEM HAVE THEIR OWN DUE DILIGENCE PROCESS, THEIR MARKET RESEARCH THAT THEY DO. AND THEY ALSO HAVE THEIR OWN CATEGORIES OF WHAT DEVELOPMENTS THEY DO WELL AT. SO IF THE IF THE NUMBERS DON'T PENCIL, WE I DON'T KNOW THAT IT WOULD BE APPROPRIATE FOR US TO GO BACK TO THEM AND SAY, YOU HAVE TO DO THIS PROJECT THAT YOU SAID YOU'RE GOING TO DO. DID MARK BUILD BLACK FEATHER? WHAT DO YOU KNOW WHAT MARK HAS DONE LOCALLY? I DON'T KNOW THAT THEY'VE DONE ANYTHING IN EASTERN IDAHO SO FAR. THIS WOULD BE THEIR FIRST EASTERN IDAHO PROJECT. THEY HAVE DONE SOME IN SEVERAL MIDWESTERN STATES AND BACK EAST A LITTLE BIT FURTHER, SOME OF THE MOUNTAIN WEST STATES, THEY'VE DONE SOME IN BOZEMAN AND MISSOULA, BUT NOTHING IN THIS WOULD BE THEIR FIRST PROJECT IN EASTERN IDAHO. I HAVE A QUESTION. COUNCILOR RADFORD. ARE YOU DONE, JIM? OKAY, I HAVE A COUPLE OF QUESTIONS. THE FIRST ONE MIGHT START WITH YOU JUST. PAM, COULD YOU GIVE US A HISTORY? THIS WE'VE BEEN MOSTLY

[01:00:05]

COUNCILOR RADFORD, A FEW YEARS AGO, WE DID HAVE A OFFER FOR 2 MILLION. IT WAS FROM ANOTHER, I BELIEVE IT WAS A MULTI-FAMILY HOUSING DEVELOPER. AND WHAT ENDED UP HAPPENING WAS, IS WHEN THEY STARTED DOING THE DUE DILIGENCE, THEY IDENTIFIED THAT WE HAD WHAT THEY CALL CORNERS OR RESTRICTIONS ON THAT PROPERTY THAT DIDN'T ALLOW FOR ANYTHING ABOVE A SINGLE LEVEL.

AND SO THAT'S WHAT TOOK US QUITE A WHILE TO UNRAVEL THAT, BECAUSE THE CORNERS WERE ISSUED BACK IN 1950. SO WE HAD TO FIND THOSE DOCUMENTS. AND THAT'S ONE OF THE THINGS THAT WE WORKED COLLECTIVELY WITH A LOCAL REAL ESTATE ATTORNEY IN TOWN TO GET THOSE CORNERS AND SUBSEQUENT RESTRICTIONS REMOVED FROM THE PROPERTY. SO WE WERE ABLE TO MOVE FORWARD WITH WITH THE INTERESTED PARTIES. WE'VE HAD A NUMBER OF INTERESTED PARTIES ON THIS PARTICULAR, THESE PARTICULAR PARCELS. OKAY. AND THEN A SECOND QUESTION. IT MIGHT BE BOTH OR WE'LL SEE. ONE OF THE THINGS I'M MOST INTERESTED IN IS WHAT THE RETURN ON INVESTMENT WOULD BE TO THE CITY FOR PUTTING BUILDINGS HERE BECAUSE OF OUR TAX, YOU KNOW, TAX REVENUE FROM THESE BUILDINGS. SO IN TERMS OF THESE PROJECTS, DO YOU I MEAN, I THINK THAT WOULD REALLY HELP OUR DECISION MAKING, BECAUSE IF YOU GO WITH SOMETHING THAT'S LESS, BUT YOU'RE GOING TO MAKE 100,000 MORE DOLLARS EVERY YEAR GOING FORWARD IN TAX REVENUE. THAT WOULD BE OF INTEREST. IS THERE ANY WAY WE CAN KNOW ANYTHING LIKE THAT AT THIS POINT, OR IS THAT JUST AN UNKNOWN THAT WE COULD? WELL, I RIGHT NOW, I'M NOT SURE IF NICK HAS ANY INFORMATION ON THE MARKET ITSELF, BUT I WILL TELL YOU THAT THE EVALUATION PANEL THAT REVIEWED THESE LETTERS OF INTENT, WHICH ONE OF THEM THE PARTIES WAS OUR PARKS AND RECREATION DIRECTOR, THE RECOMMENDATION WAS TO THE HIGHEST, BEST USE OF THE OPINION OF THE EVALUATION PANEL WAS THE TOWNHOMES. IT WOULD BE VERY COMPLEMENTARY TO THE AREA. THERE ARE HOUSES ON ADJACENT TO THIS PROPERTY, AND THEN THE OTHER SIDE OF IT WOULD BE THE PINE CREST GOLF COURSE. SO THAT WAS THE THE CONSENSUS OF THE EVALUATION PANEL'S HIGHEST AND BEST USE WOULD BE FOR THE TOWNHOMES. BUT DO YOU THINK LISTENING TO THAT GROUP. BECAUSE I THINK HIGHEST AND BEST USE WOULD BE HOW MUCH REVENUE WE CAN GET OUT OF IT IN PERPETUITY GOING FORWARD? BECAUSE IF TOWNHOMES ARE GOING TO BE WORTH 400,000 AND THERE'S 40 OF THEM, AND WE'RE IN GREAT SHAPE WITH OUR VALUATION AND OUR LEVY, BUT WE DON'T I MEAN, ARE WE ARE THESE INDIVIDUALLY OWNED TOWNHOMES OR ARE THESE GOING TO BE RENTALS? DO WE KNOW ANYTHING ALONG THOSE LINES THAT'S ENTIRELY UNKNOWABLE? BUT IT'S ENTIRELY IMPORTANT SINCE WE CAN'T KNOW PERPETUITY. IT'S A LOT OF MONEY. IT MIGHT BE $3 MILLION OVER 20 YEARS. SO OUR ASSESSOR WILL TAKE INTO CONSIDERATION THE VALUE OF THE PROPERTY AND THE VALUE OF THE IMPROVEMENTS. WE CAN KNOW THE VALUE OF PROPERTY, BECAUSE WE MAY HAVE A CHANCE TO PICK HOW MUCH IT GETS PAID FOR IT. BUT AS FAR AS THE VALUE OF THE IMPROVEMENTS, WE CAN'T EVEN PUT THAT INTO OUR CALCULUS BECAUSE THIS MAY CHANGE. YEAH. SO CAN I ADD TO THIS CONVERSATION THAT THAT PROPERTY IS ALREADY ZONED WITH THE R-3 AND THE. YES. SO THE ZONING IS WHAT IS GOING TO BE ABLE TO DICTATE THAT. AND SO IF THE PROPERTY IF, IF IN THE END THEY WANT TO BUILD TOWNHOMES BECAUSE THAT'S THE PRODUCT THAT THEY CAN SELL OR MAKE MONEY FROM, THEN YOU KNOW, IT'S REALLY UP TO THAT PRO FORMA TO DICTATE THAT NUMBER. YOU KNOW, IF THEY THINK, WELL MULTIFAMILY, THERE'S TOO MUCH OF THAT ALREADY. SO WE'RE JUST GOING TO GO WITH THESE TOWNHOMES AND WE'RE GOING TO SELL THEM. I FEEL LIKE THEY HAVE A ZONING. AND AND THEY WILL THEY WILL DETERMINE THAT.

BUT FOR US TO TRY AND THIS IS OUR PROPERTY, WE'RE LOSING THE FUTURE VALUE OF THIS PROPERTY.

IT'S A IT'S AN ECONOMIC QUESTION. AND SO IF WE'RE LOSING THE VALUE OF THIS MONEY, BUT WE'RE NOT GOING TO BE BUILDING ON THOSE. SO WE WOULD WE CAN'T DETERMINE. I MEAN, ALL WE CAN DO IS AS A AS A GOVERNING BODY, WE CAN JUST GIVE THE ZONING, I GET THAT. I JUST THINK THAT IF WE KNEW WHAT THESE WERE, THEN WE COULD MAKE SOME OF THOSE DECISIONS. I GUESS WHAT I'M WORRIED ABOUT IS THIS IS CITY PROPERTY THAT HAS VALUE. THAT'S ON A GOLF COURSE.

YOU GUYS HAVE ALL HEARD ME TALK ABOUT THIS LIKE I YOU CAN'T CREATE MORE PROPERTY AND THIS HAS VALUE. IF WE'RE GOING TO GET RID OF IT AND WE'RE GOING TO PUT BUILDINGS ON IT, THEN IT SHOULD HAVE THE HIGHEST VALUE BACK TO OUR TAXPAYERS. BUT THE CITY ISN'T THE ONES CONTRACTING IT. IT'S THE CONTRACTOR THAT'S GOING TO TAKE THE RISK, NOT THE CITY. SO THAT'S THE PART THAT THAT FOR ME, IT'S IF THIS IS A PERSONAL PROPERTY. RIGHT. BUT IT'S OUR PERSONAL PROPERTY.

YEAH. BUT ARE WE GOING TO BE BUILDING. NO WE'RE NOT WE'RE NOT BUILDING. SO WE'RE AND

[01:05:05]

THAT'S WHAT THE REDEVELOPMENT. YEAH. I'M NOT SURE. I DON'T KNOW THE ANSWER. WHAT I'M SAYING IS, IF I WAS ON THAT COMMITTEE AND I WANTED TO MAKE THE BEST DECISION FOR THE CITY, THE HIGHEST AND BEST USE WOULD BE THE MOST TAX REVENUE WE CAN MAKE OUT OF THIS PROPERTY FOR THE NEXT 100 YEARS. THAT'S KIND OF THE WHOLE POINT OF OF HOW WE SHOULD LOOK AT, YOU KNOW, IF WE'RE NOT GOING TO BE THE BUILDER, WE'RE NOT TAKING THE RISK. THE PROPERTY ONLY HAS VALUE IF IT'S SOLD AND DEVELOPED. AND WE CAN WE CAN CONTROL THE SALE. WE CAN ONLY HELP TO PARTIALLY REGULATE THE DEVELOPMENT. AND SO I AGREE THAT WE ALWAYS WANT HIGHEST AND BEST USE FOR FOR DEVELOPMENT IN, IN THE COMMUNITY. BUT THERE'S ALWAYS THAT, THAT OTHER VALUE WHICH IS THE OWNER GETS TO DICTATE WHAT THEY WANT TO DO. WE HOPE THEY WANT HIGHEST AND BEST USE, BUT THEY SOMETIMES THEY DON'T. I MOSTLY I'M TRYING TO JUST SAY, YOU KNOW, AS WE TALK ABOUT DENSITY IN THIS CONVERSATION OVERALL ABOUT HOUSING, WE WE WANT TO MAKE SURE THAT WE'RE USING OUR AVAILABLE SPACE TO HAVE THE RETURN OF TAX REVENUE. SO AND I DON'T KNOW, BECAUSE TO ME, TOWNHOMES MIGHT BE THE BEST BECAUSE THEY MIGHT BE VERY VALUABLE IF YOU'RE SELLING, YOU KNOW, $400,000 TOWNHOMES ON A GOLF COURSE, IT'S PROBABLY GOING TO HAVE WAY MORE VALUE OVER TIME THAN THE THAN THE AFFORDABLE HOUSING. BUT WE DO HAVE A REAL NEED AROUND AFFORDABLE HOUSING TOO. SO I YOUR YOUR QUESTION IS WHAT KIND OF SPURRED THIS IN MY MIND IN TERMS OF BECAUSE TO BE HONEST, MOST AFFORDABLE HOUSING WILL GET A TAX CREDIT. AND THE FEDERAL GOVERNMENT, THEY THEY HAVE TO PAY THEIR FEDERAL TAXES OR NOT SOMETIMES. AND SO IT MADE ME THINK THROUGH THIS, LIKE WHAT'S OUR FUTURE VALUE OF THIS PROPERTY. AND SO I WOULD IT'S JUST SOMETHING FOR THAT COMMITTEE. IF THEY COULD HAVE THE KIND OF LOOK AT IT, IT IT WOULD HAVE BEEN HELPFUL. BUT I CAN SENSE THE CONSENSUS IS THAT THE ONLY THING WE CAN CONTROL IS GETTING THE HIGHEST DOLLAR AMOUNT. SO I WILL SPEAK A LITTLE BIT. I DO APPRECIATE THE LINE OF QUESTIONING THE THOUGHT PROCESS THERE. I DON'T HAVE ALL THE ANSWERS OF WHERE THE TAX ASSESSOR IS GOING TO WORK THEIR MAGIC, BUT I CAN SAY THAT BASED ON CONVERSATIONS WITH THIS BUYER, THEY'RE GOING TO PUT ABOUT $25 MILLION INTO THIS PROJECT. SO IT'S GOING TO BE A PRETTY HEFTY PROJECT, BARRING THEY HAVEN'T DONE DUE DILIGENCE.

THERE'S A HANDFUL OF THINGS THAT AREN'T DONE YET, BUT, YOU KNOW, IT'S A HEFTY PROJECT. AND I BELIEVE THERE'LL BE A PRETTY DECENT TAX BASIS THAT WILL RESULT IN THIS. BUT I DON'T KNOW IF THAT NUMBER IS. AND THAT AMOUNT WAS FOR CLEARSTONE. CORRECT. DO YOU HAVE A SENSE OF WHAT HAWKINS AND MARK WERE THINKING? I DON'T, I DON'T, I'M JUST CURIOUS. BUT I'D HAVE TO BELIEVE ANY OF THOSE PRODUCTS WOULD BE SOMEWHAT RIGHT. YEAH, YEAH. OKAY. MAYBE FAIRLY CLOSE, I WOULD THINK. COUNSELOR FREEMAN, JUST A PERSONAL OPINION THAT I THINK TOWNHOMES WOULD FIT NEXT TO THE GOLF COURSE BETTER THAN A HIGH RISE THAT, YOU KNOW, I KNOW THEY COULD BUILD SOMETHING OTHER THAN TOWNHOMES, BUT IT JUST SEEMS LIKE A BETTER FIT THERE.

YOU'RE PUTTING THIS IN BETWEEN THE GOLF COURSE AND EXISTING SINGLE FAMILY HOMES. AND I THINK THAT'S IT SEEMS LIKE A REALLY GOOD FIT IN THAT AREA. OKAY. OTHER COUNCILOR FRANCIS, I WANT TO MAKE A STATEMENT MAYBE FOR THE PUBLIC TO UNDERSTAND, BUT WE HAVE TO REMEMBER THAT WHEN THIS IS BUILT OUT, IT ISN'T AUTOMATIC TAXES COMING DIRECTLY TO THE CITY, BECAUSE WE'RE LIMITED BY WE CAN ONLY TAKE 3%. IT'S A MATTER OF THE VALUE OF THE ENTIRE COMMUNITY. SO IT MIGHT LOWER PEOPLE'S MILL LEVY RATE BY INCREASING THE VALUE, BUT IT DOESN'T DIRECTLY FLOW INTO THE CITY, BECAUSE IF YOU BUILD A BUILDING, THAT DOESN'T MEAN THERE'S A CERTAIN AMOUNT OF TAX THAT'S COMING TO THE CITY. AND I COMPLETELY CONFUSED. ALL THINGS BEING EQUAL, YOU'RE EXACTLY RIGHT. THE ADDITION OF VALUE INTO OUR TAX BASE, THE GREATER THE VALUATION OF THE CITY AS A WHOLE, THE LOWER THE LEVY RATE. RIGHT. AND THAT THAT REDOUNDS TO EVERYONE'S BENEFIT. RIGHT. SO WHO PAYS TAXES? PROPERTY TAXES IN THE CITY ARE COMPARED TO A VACANT LOT WOULD ADD TO THE TOTAL VALUE, WOULD LOWER THE VALUATION FOR THE CITY OF IDAHO FALLS, AND THEREFORE POTENTIALLY LOWER PEOPLE'S MILL RATE. BUT JUST REALIZE THAT IF YOU BUILD SINGLE FAMILY HOMES ON 400 ACRES AND YOU ONLY GET, YOU KNOW, 200 HOMES ON IT, INSTEAD OF PUTTING DENSITY AND HAVING EACH APARTMENT COMPLEX WORTH

[01:10:06]

YOU'RE YOU'RE. AND THEN YOU HAVE TO PAY FOR ALL THE SEWER AND WATER TO BUILD THAT OUT. SO THAT'S WHY THE HIGHEST AND BEST USE IS WHAT YOU CAN GET BACK FROM THE DENSITY OF WHAT YOU HAVE. AND THEN, LIKE A WALMART PARKING LOT IS AN INCREDIBLE WASTE OF CITY PROPERTY. IF YOU LOOK AT WHAT THE DOWNTOWN BRINGS IN IN TAXES, IT'S LIKE AND THESE ARE NOT CORRECT NUMBERS, BUT IT'S LIKE 1.6 MILLION AND A WALMART'S BRINGING IN LIKE $500,000. BUT THEY'RE THE SAME FOOTPRINT. AND SO THAT'S WHY I THINK THIS MATTERS IMMENSELY IS AND THAT'S 1.6 MILLION EVERY YEAR, WHICH GIVES YOU A MILLION MORE DOLLARS EVERY YEAR FOR YOU TO MAKE DECISIONS FOR THE CITY, IS WHAT MY POINT IS ON ON HOW WE HOW WE FIND THE CONTINUED VALUE OF WHAT WE SELL. IT'S MY THOUGHT. YOUR LOGIC IS GREAT. THE ONLY PROBLEM, I THINK, IS THAT WE CAN'T KNOW WITH CERTAINTY WHAT THE YEAH, WHAT THE BUILDING WILL BE. BUT WHEN WE HAD THIS CONVERSATION ABOUT BEST AND THAT LIKE BEST USE, THEN THAT REALLY IS HOW GOVERNMENT SHOULD FUNCTION. LIKE IF WE WERE TRYING TO MAXIMIZE REVENUE, THEN THAT IS SOMETHING. WELL, I THINK THAT MAKES A LOT OF SENSE. COUNCILOR RUTHERFORD, IF WE WERE THE DEVELOPERS. YES. RIGHT. BUT BECAUSE WE'RE NOT AND WE CAN'T CONTRACTUALLY OBLIGATE ANY OF THESE DEVELOPMENTS TO A, A CONCEPT, IT REALLY IS. BUT THAT'S MY POINT. JUST A VENTING CONVERSATION AT THIS POINT, YOU KNOW. BUT THAT'S MY POINT IS WE HAD THAT OPPORTUNITY AS A REDEVELOPMENT AGENCY. WE COULD HAVE DECIDED WHAT WE WANTED TO DO HERE, AND WE DECIDED NOT TO.

SO. OKAY, ANY OTHER INSIGHT THAT YOU NEED? ALL RIGHT. THANK YOU, DIRECTOR ALEXANDER. THANK YOU TO OUR MOST CAPABLE REALTOR. WE APPRECIATE THE EFFORT AND THE TIME AND THE EXPERTISE YOU BROUGHT TO THIS. THANK YOU, MR. SANTER, FOR YOUR WEIGHING IN. AND ALSO, MR. JONES. SO, COUNCIL MEMBER, IS THERE A DELIBERATION YOU'D LIKE TO HAVE AMONGST YOURSELVES? YEAH, OKAY.

IT DOES FEEL LIKE FOURTH WAS A LOT OF DELIBERATION. AND ARE YOU MAKING THE MOTION? I AM GOING TO MAKE A MOTION. OKAY. HERE'S MY MOTION. I WOULD MOVE THE COUNCIL ACCEPT THE LETTER OF INTENT FOR CITY OWNED PROPERTY LOCATED AT BEL AIR. DIVISION NUMBER THREE, LOTS ONE, TWO AND THREE INCLUSIVE. BLOCK 16 AND LOT ONE, BLOCK 17, IN THE WEST HALF, NORTHEAST QUARTER OF SECTION 17, TOWNSHIP TWO NORTH. RANGE 38 E TO CLEARSTONE, LLC FOR A TOTAL OF 2 MILLION, AND AUTHORIZE THE MAYOR TO SIGN THE NECESSARY DOCUMENTS SECOND. ALL RIGHT. WE HAVE A MOTION AND A SECOND. I DON'T KNOW THAT WE'LL HAVE UNANIMITY AFTER THIS, BUT LET'S GO AHEAD. CITY CLERK BURTONSHAW. YES. DINGMAN. YES. FRANCIS A. FREEMAN. YES. LARSEN. YES.

BRADFORD. AYE. MOTION CARRIES. ALL RIGHT. PERSUASIVE CONVERSATION. THANK YOU

[5.C.1) Federal Transit Administration (FTA) Section 5310 Small Urban Funding Agreement ]

[01:15:01]

SO THAT'S ALL VERY GOOD. WELL, COUNCILOR, COUNCILOR RADFORD, AND JUST TO ADD TO THAT, I GOT AN AMAZING LIKE THE WORK THAT THEY'RE DOING IS NOT ONLY COOL THAT WAY, BUT I GOT AN ALERT THIS WEEK FROM MY GIFT APP THAT I COULD GET A FREE RIDE TO A FREE CONCERT TO THE SYMPHONY, AND THAT THEY TOOK THAT MONEY AND MADE IT FIVE TIMES. LIKE, IT'S AMAZING WHAT THEY'RE ACCOMPLISHING WITH THE FEDERAL MATCH. AND THIS JUST ADDS TO THAT. AND AND THEY, THEY, THEY GET OUR SENIORS TO THE RIGHT PLACES AND, AND GET THEM TO THEIR DOCTOR'S APPOINTMENTS.

AND MICHELLE, THANK YOU FOR GETTING US THIS SERVICE. I WOULD LIKE TO ADD THERE IS ONE MORE GROUP THAT IS REGULAR. I DON'T KNOW WHETHER THEY'RE REGULAR USERS, BUT THEY ARE REGULARLY BEING TOLD IN THE COURT SYSTEM THAT THERE IS NOT A REASON TO MISS THEIR HEARING OR THEIR PROBATION. THAT I HAVE HEARD SEVERAL EXAMPLES OF A JUDGE SAYING, I'M SORRY, TRANSPORTATION IS NOT AN ISSUE TO GET YOU INTO COURT TODAY. AND AND I HADN'T THOUGHT OF THAT PARTICULAR SUBSET OF OR SET OF CITIZENS THAT ALSO NEED TRANSPORTATION FOR VERY IMPORTANT HEARINGS. SO THERE'S, YOU KNOW, DISABLED, ELDERLY AND THEN A GROUP THAT IS ALSO NEEDS TIMELY AND REQUIRED TRANSPORTATION. SO I APPRECIATE THAT TO THAT THAT I DIDN'T KNOW SOMETHING IS THAT IF YOU PAY A BIT MORE YOU CAN GET AN APPOINTMENT AND SO THAT YOU WILL BE THERE ON TIME AS OPPOSED TO JUST WAITING FOR THE NEXT AVAILABLE. RIGHT? SO THAT'S ALSO AMAZING. SO THE GIFT LOVE FEST, THANK YOU FEST, AND WE'RE SEEING HERE IS OCCASIONED BY THE FACT THAT WE WENT THROUGH A PERIOD OF TIME WHEN WE DID NOT HAVE PUBLIC TRANSIT AVAILABLE, AND WE ALL HAD VERY DIRECT AND PERSONAL EDUCATION WITH A LOT OF HEARTFELT STORIES ABOUT THE HARDSHIPS THAT ARE CREATED WHEN A COMMUNITY OF OUR SIZE DOES NOT OFFER PUBLIC TRANSIT. AND SO IT DOES FEEL GOOD TO BE ABLE TO SAY THAT WE DO AND THAT WE'RE MEETING THOSE NEEDS. AND I JUST THINK OF THE STORIES AND I CAN GET A LITTLE EMOTIONAL BECAUSE IT'S VERY MEANINGFUL SERVICE. SO. WE'RE ABOUT READY TO FOR A MOTION. ALL RIGHT.

COUNCILOR LARSON, I MOVE THAT COUNCIL APPROVE THE FTA 5310 SMALL URBAN FUNDING AGREEMENT AND AUTHORIZE THE MAYOR TO SIGN THE NECESSARY DOCUMENT. SECOND, THANK YOU VERY MUCH, CITY CLERK.

WILL YOU CONDUCT OUR VOTE? FREEMAN. YES. RADFORD A LARSON. YES. DINGMAN. YES. BURTONSHAW.

[5.C.2) Contractor Prequalification Rejection - Elevated Water Tank Demolition]

[01:20:04]

THE BEST AVENUE AT THIS POINT WOULD BE TO REJECT THAT APPLICATION. AND DID WE SET THOSE STANDARDS OF THREE PAST EXPERIENCES IN EACH OF THOSE CATEGORIES? WE SET THEM MAYBE RATHER HIGH BECAUSE WE'RE ON A RIVER, WHICH WE WANT TO PROTECT, AND WE HAVE BUILDINGS AND EXPENSIVE ASSETS BELOW THAT WE WANT TO PROTECT. ARE YOU BEING SUPER CAREFUL BECAUSE OF THOSE THINGS, OR IS THERE ANOTHER? THAT'S EXACTLY RIGHT. USUALLY WHEN WE MOVE TO THAT PRE-QUALIFICATION STAGE, IT'S AN ADDITIONAL STEP AND COST TO THE PROJECT TO TRY TO ESTABLISH OR MAKE SURE THAT WE CAN MEET MINIMUM REQUIREMENTS. THOSE FOLKS THAT ARE FALLS POWER THAT WORK IMMEDIATELY UNDERNEATH THAT TOWER. THEY WOULD LIKE US TO ENSURE THAT THAT'S PEOPLE THAT KNOW WHAT THEY'RE DOING AND THEIR APPROVAL OF THAT TYPE OF TOWER. AND SO THAT'S BASICALLY ALL RIGHT, COUNSELOR. SO HOW DID THIS TURN OUT COMPARED TO YOUR BIDS? YOU KNOW, FIVE YEARS LIKE AS WE WERE GOING THROUGH THIS, HOW DID THESE NUMBERS COME BACK IN TERMS OF THIS DEMOLITION? SO AGAIN, THIS WAS NOT A DOLLAR FIGURE ASSOCIATED WITH IT. IT WAS JUST WHETHER OR NOT PEOPLE HAVE THE QUALIFICATIONS TO DO THAT PARTICULAR WORK. AS PART OF THAT PROCESS, YOU SOLICIT THAT PRE-QUALIFICATION SO THAT THEY CAN DO THAT. IF THOSE PEOPLE MET THE MINIMUM REQUIREMENTS, THEY WOULD BE NOTIFIED AS SUCH, AND THEY WOULD ACTUALLY RECEIVE THE BID SET FOR DEMOLITION. SO THAT'S KIND OF THE SECOND STEP THAT WILL COME FORWARD. ALL RIGHT. WE'RE READY FOR A MOTION. ARE WE DONE WITH QUESTIONS? ALL RIGHT. LET'S GO FOR IT. I MOVE THAT COUNCIL REJECT THE ONLY CONTRACTOR QUALIFICATION SUBMITTED FOR THE ELEVATED WATER TANK DEMOLITION PROJECT RECEIVED BY ASCENDANT LLC FOR THE REASON THAT IT DID NOT MEET MINIMUM SPECIFIED CRITERIA FOR PRE-QUALIFICATION. SECOND, I'LL JUST NOTE FOR THE AUDIENCE IF YOU'RE FOLLOWING ALONG ON YOUR AGENDA, THE MOTION MADE WAS A LOT MORE SPECIFIC THAN THE ONE LISTED, AND THAT'S THE COUNCIL'S PREROGATIVE. BUT THEY WEREN'T ANY MORE SPECIFIC THAN THE DATA THAT'S ALREADY BEEN PRESENTED. SO THANK YOU, CITY CLERK. WE'RE READY FOR A VOTE. BURTONSHAW. YES. DINGMAN. YES. FRANCIS A. FREEMAN. YES. LARSON.

YES. BRADFORD. AYE. MOTION CARRIES. THANK YOU VERY MUCH. DIRECTORS. WHAT THE NEXT PART

[5.C.3) Elevated Water Tank Demolition Project ]

COUNSELOR FRANCIS, AM I UNDERSTANDING THIS RIGHT THAT SOME OF THIS IS WE THINK THAT THERE ARE MANY QUALIFIED CONTRACTORS THAT DO THIS. THEY JUST NEED MORE TIME TO FIGURE OUT HOW TO HOW TO WRITE IT. OR SO I THINK. WE HAVE IDENTIFIED PEOPLE THAT WE FEEL LIKE ARE VERY CAPABLE OF DOING THIS PARTICULAR WORK. IN SOME OF THOSE THAT HAVE BEEN CONTACTED, THEY DIDN'T HAVE TIME TO SUBMIT FOR THE PREQUALIFICATION PACKAGE. BUT I STILL THINK THAT STAFF'S NEGOTIATED WITH THIS PERSON, IF APPROVED, TO NEGOTIATE ON THAT OPEN MARKET, THERE'S STILL AVAILABLE CONTRACTORS THAT WE CAN APPROACH ENSURE THAT THEY HAVE THE ABILITY TO PERFORM THE WORK THAT WE WOULD SPECIFY, AND BRING BACK A CONTRACT FOR COUNCIL TO REVIEW AND APPROVE. OKAY, ALL RIGHT. COUNCILOR LARSON, ONCE AGAIN, GREAT. WE

[01:25:05]

BRADFORD A DINGMAN. YES, FRANCIS A FREEMAN. YES. LARSON. YES. BURTONSHAW. YES. MOTION

[5.C.4) Professional Services Agreement with NBW Architects to Design a New Shared Street and Sanitation Division Administrative Building ]

DINGMAN. YES. FREEMAN. YES. FRANCIS I. LARSON. YES. BRADFORD. AYE. MOTION CARRIES.

I DID NOTICE THAT THE WAS TO EXERCISE. YES. EXECUTE. OKAY. I JUST ALL OF A SUDDEN I'M THINKING SO. YEAH. EXECUTE THE NECESSARY NOT TO DRAW ATTENTION TO THE COUNCIL. YEAH MAYBE I NEED EXERCISE. OKAY. YEAH. TO EXECUTE. THANK YOU. THANK YOU. VERY GOOD. ALL RIGHT. THE NEXT

[5.C.5) Change Order 7 - Pancheri Drive Bridge over the Snake River Rehabilitation Project]

[01:30:02]

OKAY, I MOVE THE COUNCIL TO APPROVE THE CHANGE ORDER AND GIVE AUTHORIZATION FOR THE DIRECTOR OF PUBLIC WORKS TO SIGN THE NECESSARY DOCUMENTS. SECOND. ALL RIGHT, CITY CLERK, WE ARE READY FOR A VOTE. DINGMAN. YES. LARSON. YES. FRANCIS A. FREEMAN. YES.

BURTONSHAW. YES. BRADFORD. A MOTION CARRIES. ALL RIGHT. I WILL ANNOUNCE THAT FOR THE NEXT

[5.C.6) Bid Award - E Street from Memorial Drive to Yellowstone Avenue]

AND IT ALSO INCLUDES A NUMBER OF STORM DRAIN AND WATER LINE IMPROVEMENTS. THIS CONSTRUCTION WILL ALLOW FOR THE INSTALLATION OF ADDITIONAL EASTBOUND LANE ON E STREET, AND THAT WOULD BE IN BETWEEN CAPITAL AVENUE AND PARK AVENUE IF YOU'VE DRIVEN THAT IN THE EVENING PEAK TIME, WE HAD A GREAT DEAL OF TRAFFIC THAT'S BACKED UP FROM THE YELLOWSTONE INTERSECTION, AND SO THAT ADDITIONAL LANE WILL HELP IMPROVE THAT OPERATION WITHIN THE EVENING. AND THEN LASTLY, IN IN TALKING ABOUT THIS PROJECT, I WOULD WANT TO POINT OUT THAT THE INTERSECTION OF PARK AVENUE AND E STREET IS AN AREA WHERE WE'VE REMOVED A TRAFFIC SIGNAL IN THE LAST YEAR, YEAR AND A HALF, BUT IT IS PROBABLY ONE OF THE MOST CHALLENGING ADA ACCESSIBILITY CORNERS THAT WE HAVE. AS YOU TRY TO CROSS THAT, IT'S DIRECTLY ACROSS FROM OUR FIRE STATION. AND SO THIS IS SOMETHING WE'RE REALLY EXCITED TO SEE THE IMPROVEMENT ON. AND ESPECIALLY AS WE THINK ABOUT THE NORTHWEST CORNER OF THAT PROPERTY IS UTILIZED BY SCHOOL DISTRICT 91. SO WE DO HAVE A LOT OF PEOPLE THAT FREQUENT THAT INTERSECTION. SO THE IMPROVEMENT THAT WE'RE PRETTY EXCITED TO BRING FORWARD TO YOU TONIGHT, THE LOW BIDDER WAS HK CONTRACTORS AND THEIR BID WAS $942,469. AND THE PROJECT WILL UTILIZE A NUMBER OF FUNDING SOURCES AS LISTED IN THE MEMO. I'D BE HAPPY TO ANSWER ANY QUESTIONS ABOUT THE PROJECT.

COUNSELOR. ANY COUNSELOR. FREEMAN. THANK YOU. THANK YOU. MAYOR. I'M JUST CURIOUS ABOUT HOW THE FIRE DEPARTMENT IS GOING TO DEAL WITH THAT ROAD BEING TORN UP. SO THOSE COORDINATION PIECES, AS WE WENT ABOUT THAT, OUR ENGINEERING STAFF HAS WORKED WITH THE CHIEF TO TALK ABOUT WHAT WINDOWS WE WOULD HAVE TO OPERATE WITHIN. ONE. ONE ITEM THEY DID POINT OUT SPECIFICALLY IS THEY WERE KIND OF EXCITED TO HAVE THIS DONE NEXT YEAR, AS OPPOSED TO IN THE FALL, AS THEY STORE A LOT OF EQUIPMENT IN THAT IN THAT FIRE STATION, THAT THAT WOULD CHANGE AS WE OPEN FIRE STATION SIX AS WELL. SO THAT COORDINATION PIECE HAS HAPPENED.

AND SO SOMETHING THAT WE'LL HAVE TO WORK AND NOTIFY OUR CONTRACTOR AND COORDINATE THROUGHOUT THE PROJECT. THANK YOU. VERY GOOD. OKAY. COUNCIL MEMBERS, DO YOU HAVE ANY OTHER QUESTIONS? WELL, THEN WE WILL TURN TO COUNCILOR LARSON AGAIN. WE'LL MAKE A MOTION. I DO WANT TO SAY ONE THING BEFORE I JUST AS A COMMENT. IT'S NOT A QUESTION. I ALSO WANT TO COMMEND PUBLIC WORKS, THE STREETS DIVISION FOR THE WORK THAT THEY HAVE ACCOMPLISHED THIS SUMMER. IT IS. IT'S HARD TO EVEN WANT TO APPROVE A BID FOR ANOTHER CONSTRUCTION SEASON, BECAUSE IT'S LIKE EVERY YEAR THERE JUST HAS TO BE, YOU KNOW, THE MAINTENANCE OF ROADS. AND RIGHT NOW, I HAVE CHALLENGED OUR GROUP IN ROTARY TO FIND A POTHOLE ON OUR ARTERIAL ROADS WITHIN THE CITY. THE ROADS ARE LOOKING SO WELL THAT I KNOW THAT CONSTRUCTION SEASON WILL BE UPON US BEFORE WE KNOW IT, BUT RIGHT NOW, THE OUR THE ROADS IN THE CITY OF IDAHO FALLS ARE VERY WELL MAINTAINED AND I APPRECIATE THE WORK OF THE STREETS DIVISION FOR DOING

[01:35:02]

EIGHT YEARS AGO, WHEN I WAS FIRST ON THE BONNEVILLE METROPOLITAN PLANNING ORGANIZATION, COUNCILOR FREEMAN AND I RECOMMENDED THIS AS A HIGH PRIORITY STREET TO TO FIX UP AND AND GET THE ADA CURB CUT DONE PROPERLY. AND NOW IT'S EVEN MORE IMPORTANT BECAUSE OF THE THE CAREER TECHNICAL EDUCATION CENTER THAT DISTRICT 91 HAS THERE. AND ADDING TO THE SAFETY OF STUDENTS ACROSS THE STREETS. IT'S JUST I'M REALLY GLAD IT'S HAPPENING. THAT'S ALL I CAN SAY. AND SOME OF YOU MAY RECALL THAT THE INTERSECTION WHERE THE FLASHING BEACON WILL GO WAS ONCE A HAD A STOPLIGHT, BUT THE STOPLIGHT WAS SORT OF A WASTED ASSET. IT WASN'T REALLY THERE WASN'T ENOUGH TRAFFIC TO JUSTIFY IT. AND SO IT WAS REMOVED IN CREATING THAT STOP SIGN SITUATION. AND AND NOW THAT WE HAVE MORE GOING ON, IT'S EXCITING, ACTUALLY TO SEE THAT DOWNTOWN MAY BE CLAIMING PROPERTIES AND MOVING NORTH OF IT AND GROWING INTO ITS SPACE IN A WAY THAT IS BRINGING GOOD THINGS TO TOWN. SO IT'S GOOD NEWS. READY? YES, SIR. I MOVE THAT COUNCIL APPROVE THE PLANS AND SPECIFICATIONS AWARDED TO THE LOWEST AWARD TO THE LOWEST RESPONSIVE, RESPONSIBLE BIDDER, HK CONTRACTORS, IN THE AMOUNT OF $942,469 AND GIVE AUTHORIZATION FOR THE MAYOR AND CITY CLERK TO EXECUTE THE NECESSARY DOCUMENTS. SECOND.

VERY GOOD. THANK YOU, CITY CLERK. WE'RE READY FOR A VOTE. BURTONSHAW. YES. DINGMAN. YES, FRANCIS I. BRADFORD. I. LARSON. YES. FREEMAN. YES. MOTION CARRIES. THANK YOU. ALL RIGHT.

THE FOURTH DEPARTMENT TO BRING. WHAT IS THE BUSINESS BEFORE THE COUNCIL TONIGHT IS COMMUNITY

[5.D.1) Quasi-judicial Public Hearing-Rezone from HC, Highway Commercial to R3A, Residential Mixed Use, Zoning Ordinance and Reasoned Statement of Relevant Criteria and Standards for approximately 1.55 acres consisting of Portions of Lots 4-5, Block 6, Hodson Addition.]

[01:40:02]

IT'S WHAT WE'VE DONE PREVIOUSLY IN THE OTHER TOWNHOMES THAT WE'VE BUILT. THAT WOULD BE A THREE BED, TWO BATH WITH A TWO CAR GARAGE TOWNHOME THAT WOULD BE BUILT ON THIS PARCEL OF LAND.

WE ALSO OWN THE LOTS IN THE NORTH OF THIS PARCEL, AND SO HAVING IT FLOW ALL TOGETHER JUST FELT LIKE A BETTER USE OF THIS, OF THIS LAND. THERE WERE PREVIOUSLY CONCERNS THAT WERE BROUGHT UP REGARDING TRAFFIC CONCERNS, AND THERE'S NO SCENARIO EXCEPT FOR KEEPING IT A RAW LAND, WHICH REALLY ISN'T A VIABLE OPTION THAT WON'T CONTRIBUTE TO AN INCREASE IN TRAFFIC. HOWEVER, AS STATED IN THE CITY STAFF REPORT, ANY TRAFFIC IS A. THE REASON WOULD BE EQUAL OR LESS THAN THE COMMERCIAL ZONE THAT IT IS CURRENTLY. WE HAVE ALSO HAD A CIVIL ENGINEERING FIRM COMPILED TRAFFIC DATA AND CONSISTENT WITH THE STAFF REPORT THAT THE ENGINEERING FIRM ANALYSIS SHOWED THAT THE TOWNHOME DEVELOPMENT WILL HAVE LESS TRAFFIC THAN THE THE OTHER PLANS THAT WE HAVE FOR THE PROPERTY. SO THE REZONING REQUEST WON'T MAKE TRAFFIC WORSE, BUT RATHER IT HAS THE POTENTIAL TO HELP WITH THE TRAFFIC CONCERNS DUE TO LESS OVERALL TRAFFIC. ANOTHER BIG REASON WITH THIS, AND IT WAS BROUGHT UP EARLIER, IS THE AFFORDABLE HOUSING THAT IS THAT IS SO NEEDED. YOU KNOW, WITHIN THE GROWING COMMUNITIES, PARTICULARLY WITHIN IDAHO FALLS, WE FEEL LIKE THIS IS SOMETHING THAT THAT NEEDS THAT IN PROVIDING THOSE FOR SALE, AFFORDABLE TOWNHOMES TO BE ABLE TO, TO EXIST IN THAT AREA. SO IN SUMMARY, WE BELIEVE THAT THE REASON WHY THIS PARTICULAR PROPERTY MAKES A LOT OF SENSE FOR THE FOLLOWING REASONS. FIRST, IT ALREADY ORDERS EXISTING R-3 LAND. SECOND, AS THE STAFF REPORT STATES, THIS REZONING REQUESTS AND I QUOTE THIS. THE REQUEST IS CONSISTENT WITH THE COMPREHENSIVE PLAN, AND THE PROVISIONS OF THE R-3 STANDARDS WILL REDUCE THE POTENTIAL FOR NUISANCES OR ADVERSE EFFECTS ON ADJOINING PROPERTIES. THIRD, ANY TRAFFIC CONCERNS WILL BE MINIMIZED BY THE REZONE WITH EQUAL OR LESS TRAFFIC THAN THE CURRENT ZONE. FOURTH, SINCE 1973, THIS PROPERTY HAS BEEN ZONED AS PART OF A RESIDENTIAL SUBDIVISION. IT REMAINED RESIDENTIAL WHEN IT WAS ANNEXED IN 2001 WITHIN THE R-3 ZONE DESIGNATION, SO FOR OVER 50 YEARS IT HAS BEEN ZONED FOR RESIDENTIAL USE. IT HAS BEEN HIGHWAY COMMERCIAL FOR LESS THAN 12 MONTHS. APPROVING THE REZONE BRINGS IT BACK INTO ALIGNMENT WITH THE CITY'S COMPREHENSIVE PLAN. FIFTH, THE CITY WILL BENEFIT FROM IMPACT FEES AND TAX REVENUE, AND LASTLY, IT WILL ALLOW FOR MORE AFFORDABLE HOUSING WITHIN THE CITY WITH FOR SALE TOWNHOMES BEING BUILT PUBLIC. SO WITH THAT, I THANK YOU AGAIN FOR YOUR FOR YOUR TIME AND CONSIDERATION ON THIS PROJECT. AND WE ARE AVAILABLE FOR QUESTIONS AS YOU HAVE THEM. ALL RIGHT. DO YOU HAVE QUESTIONS? COUNCIL OF MR. KNIGHT AT THIS TIME. ALL RIGHT. SEEMS YOU ARE VERY CLEAR. DON'T GO TOO FAR AND WE'LL INVITE YOU TO. WE'LL THANK YOU AND WE'LL INVITE MR. SANNER TO COME FORWARD THEN FOR THE STAFF REPORT. THANK YOU, MAYOR AND COUNCIL, WE'RE LOOKING AT THE PROPERTY. SO WE'RE LOOKING AT LOTS FOUR AND FIVE OF THE BLOCK SIX HUDSON SUBDIVISION. THE REQUEST BY THE APPLICANT IS TO REZONE THE PROPERTY FROM HIGHWAY COMMERCIAL TO RESIDENTIAL MIXED USE. THERE WE GO. OKAY, OKAY.

THE PROPERTY IS LOCATED JUST ADJACENT TO THE NORTHWEST CORNER OF LINCOLN AND WOODRUFF.

IT'S THIS ODD SHAPED PIECE THERE. IT'S 1.55 ACRES. I'LL SHOW A ZOOMED IN PICTURE. THE

[01:45:02]

BUILDING SETBACKS FROM RIGHT OF WAY LINE TO PROMOTE SAFETY ON THE HIGHWAY, AND MAINTAIN MAXIMUM USE OF HIGHWAY RIGHT OF WAY FOR TRAVEL PURPOSES AND A WIDE VARIETY OF ARCHITECTURAL FORMS AND SHAPES. THIS ZONE SHOULD BE LOCATED AT SPECIFIC LOCATIONS ALONG HIGHWAYS LEADING INTO THE CITY. THE R3, A MIXED USE ZONE PURPOSE, IS TO PROVIDE FOR A MIX OF USES IN WHICH THE PRIMARY USE OF THE LAND IS FOR RESIDENTIAL PURPOSES, BUT IN WHICH OFFICE BUILDINGS AND CERTAIN OTHER USES OF SEMI COMMERCIAL NATURE MAY BE LOCATED. CHARACTERISTIC OF THIS ZONE IS A GREATER AMOUNT OF AUTOMOBILE TRAFFIC, GREATER DENSITY, AND A WIDER VARIETY OF DWELLING TYPES AND USES THAN IS CHARACTERISTIC OF THE R3 RESIDENTIAL ZONE. WHILE OFFICE BUILDINGS AND CERTAIN OTHER USES OF SEMI COMMERCIAL NATURE MAY BE LOCATED IN THE ZONE, THE R3 ZONE IS ESSENTIALLY RESIDENTIAL IN CHARACTER. THEREFORE, ALL USES MUST BE DEVELOPED AND MAINTAINED IN HARMONY WITH RESIDENTIAL USES. THIS ZONE SHOULD BE LOCATED ALONG MAJOR STREETS SUCH AS ARTERIALS AND COLLECTORS. IN THE STAFF REPORT THIS, I WANTED TO GO THROUGH AS THE APPLICANT HAD STATED THE HISTORY OF THIS PROPERTY. JUST VERY BRIEFLY. THIS PROPERTY WAS ANNEXED. IT WAS ANNEXED IN 2020. THAT'S THE WRONG STAFF REPORT.

THE PROPERTY WAS ANNEXED INTO THE CITY IN 2021, WITH THE INITIAL ZONING OF R3 AS ITS DESIGNATION. AT THE TIME, THE CITY COUNCIL FELT THAT THAT WAS IN COMPLIANCE WITH THE COMPREHENSIVE PLAN. IN SEPTEMBER 2020, FOR THE REZONE WAS APPROVED, THE APPLICANT REQUESTED THAT FROM APPROVED FROM AN R3 TO A HIGHWAY COMMERCIAL AND THEN NOW THE REQUEST IS TO REZONE IT BACK TO R3. A. THE PLANNING COMMISSION DURING THE PROPERTY IS CURRENTLY VACANT. DURING THE COURSE OF THE PLANNING COMMISSION HEARING, THERE WAS THERE WAS A BIT OF PUBLIC, QUITE A BIT OF PUBLIC COMMENT IN REGARDS TO TRAFFIC THAT THIS THAT THE PROPOSED R3 COULD GENERATE. I THINK THE MOST IMPORTANT PART IS THE DELIBERATION AT AT THE LATTER PART OF WHY THEY SO THE PLANNING COMMISSION ACTUALLY RECOMMENDED DENIAL OF THAT. THEY RECOMMENDED THAT THE PROPERTY REMAIN H C THEY ARE RECOMMENDING BODY. SO THAT'S A LITTLE DIFFERENT. SOMETIMES THAT WE ENCOUNTER THEY'RE RECOMMENDING BODY. BUT THE LAND USE AUTHORITY ACTUALLY LIES WITH THE CITY COUNCIL TO

[01:50:01]

YES. IT'S SO THAT TYPE OF COMMERCIAL THAT SERVES THE RESIDENTS. I NOTICED IT'S FOOD, FOOD STORE. WHAT OTHER KINDS OF THINGS? IN R3. YEAH. PROBLEM? NO PROBLEM. SO YOU'RE EXACTLY RIGHT. IT WOULD BE MORE DEALING WITH LIKE A DOCTOR'S OFFICE, FOR EXAMPLE, THAT TYPE OF THING.

A DENTIST OFFICE. YOU WOULD HAVE FINANCIAL SERVICES IN THE R3. A AND SO THAT WOULD BE THAT THE THE INTENSITY OF THE COMMERCIAL IS, IS LESS, IF THAT MAKES SENSE, WITH THE AND THE THE RESIDENTIAL WOULD BE A HIGHER DENSITY PRODUCT THAT WOULD COME ABOUT. AND THEN ON MY MAP IT'S HARD TO SEE THE COLORS, BUT ALL OF WHAT LOOKS BLUISH TO ME IS R3 A, IS THAT CORRECT? YES. THAT'S CORRECT. YEAH, IT'S A LITTLE DARKER, BUT YES IT'S OKAY. ALL RIGHT OKAY.

SO IT'S A THE PROPERTY IS RIGHT IN THAT TRANSITION AREA. ALL RIGHT. OTHER COUNCIL COUNCIL MEMBERS. ANY OTHERS OF YOU HAVE QUESTIONS FOR DIRECTOR SANDER AT THIS TIME. OKAY. COUNCILOR FRANCIS, DO YOU HAVE ANOTHER QUESTION FOR MR. KNIGHT LAST TIME? OKAY. WE CAN GET THERE.

FOR MR. KNIGHT. YEAH. DIRECTOR SANDER. YEAH, I HAVE A I HAVE A QUESTION. I HAVE A QUESTION.

OKAY. IN THE MINUTES FROM P AND Z, THERE WAS SOME DISCUSSION THAT YOUR STAFF MEMBER PARTICIPATED IN REGARDING AN ADDITIONAL OUTLET TO THIS PLACE, TO THIS LOCATION, ADDITIONAL ACCESS POINT, I SHOULD SAY. REGARDING. I CAN READ IT. YEAH. HOW MANY UNITS DO YOU HAVE TO HAVE BEFORE YOU ARE REQUIRED TO PUT IN SECOND ACCESS? WHICH SECTION ARE YOU? YEAH, YEAH.

HOW MANY UNITS BEFORE THEY HAVE TO PUT IN A SECOND ACCESS. OH SO THIS ONE WERE LONG SAY 200 UNIT. THAT WAS IN REGARDS TO THE SPRINKLER. CAITLIN WAS ANSWERING THE QUESTION. I BELIEVE SHE'S REFERRED TO IN THE MINUTES AS MISS LONG. YEAH. SHE'S TRYING TO FIND BECAUSE IT GOES TO IT GOES IN PART TO WHAT PNC RECOMMENDATION WAS ONE OF THE COMMISSIONERS ANYWAY, BECAUSE THEY STATED THAT IF HAWTHORN TO THE WEST WAS IN, IT MIGHT BE DIFFERENT. HE WAS KIND

[01:55:02]

THEY'RE TALKING ABOUT WOODRUFF BEING COMPLETED BECAUSE THEY WANTED TO MAKE SURE THAT WE HAD THE SECOND ACCESS OUT OF BECAUSE WE CURRENTLY ONLY HAVE ONE. AND IF I REMEMBER RIGHT, IT'S BEING PAVED ON AND IT SAYS OGDEN STATED THERE WAS NO WEST ACCESS. SO THAT MUST MEAN THAT HAWTHORN IS NOT A THROUGH THROUGH ROAD AT THIS POINT. AND THAT'S WHAT WOULD NEED TO HAPPEN. YEAH. AND HAWTHORN IS NOT LOOKING TO PUNCH THROUGH. IT'S STUBBED. THEY HAVE THE SECONDARY ACCESS IF THEY'RE COMING OUT. I DON'T KNOW WHAT THAT WAS ABOUT BECAUSE YEAH THEY HAVE THEIR TWO ACCESSES COMING UP WOODRUFF CIRCLE AND THEN COMING UP WOODRUFF AVENUE AND THEN HAWTHORN STREET. IF SOMEONE WERE TO EXIT THAT WAY THEY CAN STILL GET OUT. YEAH.

YEAH. THEY HAVE THEIR TWO ACCESSES. SO I DON'T KNOW. MAYBE THEY'RE SAYING THAT THE HAWTHORN PIECE NEEDED TO BE CONNECTED BECAUSE IT'S NOT PROBABLY NOT CONSTRUCTED YET.

OR IS IT. BUT THAT'S WHAT I HAVE CONSTRUCTED. IT IS CONSTRUCTED. YEAH. OR AT LEAST IT'S. NOT. IT'S NOT IT'S NOT CONSTRUCTED. SO IT'S PLATTED. IT'S OKAY. SO THEY'RE PROBABLY TALKING ABOUT WOODRUFF. I DIDN'T CATCH THIS WHEN I LISTENED TO IT. I WAS MORE LISTENING TO HIS IMPACT, THE DISCUSSION THAT HE WAS HAVING. OKAY, SO HAWTHORN'S PLATTED, BUT YEAH, IT'S PLATTED, BUT IT'S NOT CONSTRUCTED, BUT IT IS CONSTRUCTED DOWN ON THE SOUTH.

AND SO THEY WERE JUST SAYING TO MAKE SURE THE DENSITY CAN GET OUT TO THE NORTH. I'M JUST TRYING TO UNDERSTAND THE REASON, THE REASONING STATEMENT REALLY FROM THIS PARTICULAR COMMISSIONER OF WHY THEY DECLINED. SO OKAY. THANK YOU. THANK YOU FOR THAT CLARIFICATION. YEAH. OKAY. ALL RIGHT. SO THERE IS AN ORDER OF OPERATIONS FOR CONSTRUCTING THE ACCESS POINTS BEFORE CONSTRUCTION CAN BEGIN. AND THAT MAKES SENSE. ALL RIGHT.

THANK YOU FOR CLARIFYING THAT. OTHER QUESTIONS FOR DIRECTOR SANTER AT THIS TIME. ALL RIGHT THEN WE WILL SEE. I MADE A MISTAKE AND NOBODY CAUGHT ME ON IT. SO I GET TO CORRECT MYSELF.

WHEN I WAS EXPLAINING IT BEFORE WE STARTED THE HEARING THE ORDER OF THE HEARING, I FORGOT TO TALK ABOUT TESTIMONY FROM INDIVIDUALS IN THE AUDIENCE. AND SO IF THERE ARE INDIVIDUALS WHO ARE WANTING TO OFFER TESTIMONY, NOW WOULD BE THE TIME TO DO THAT. AND I WILL JUST ASK YOU TO STATE YOUR NAME FOR THE RECORD. AND I GUESS THE TYPICALLY, IF PEOPLE THINK THEY HAVE TO COME UP AND SHARE THEIR ADDRESS. BUT I DON'T THINK THAT THAT'S A LEGAL REQUIREMENT. YOU JUST NEED TO STATE YOUR INTEREST IN THE PROPERTY. AND SO YOU'RE WELCOME TO COME UP IF ANY OF YOU ARE HERE TO OFFER TESTIMONY. YEAH. MY NAME IS DAVID FARNSWORTH AND I OWN THE MECHANIC SHOP RIGHT THERE AT WOODRUFF. AND THE START OF THAT WOODRUFF CIRCLE. SO THE WOODRUFF CIRCLE COMES BETWEEN US AND HERTZ CAR SALES. AND YES, WE DO HAVE A LOT OF CONCERN ON THE ADDED TRAFFIC, MORE SO DURING PEAK HOURS. IT'S ALREADY GETTING JUST SO RIDICULOUS TO GET IN AND OUT OF THERE. AND ONE OF THE GUYS THAT DID COME TO THE PLANNING AND ZONING, HE ACTUALLY WAS IN A WRECK IN THIS AREA. AND SO THAT IS DEFINITELY A CONCERN. THE THE OTHER THING IS JUST I THINK THERE'S A BUNCH OF US THAT HAVE NOW BEEN TO THESE MEETINGS THREE AND FOUR TIMES WITH THE DIFFERENT ZONING, REZONING BACK AND FORTH, AND WE ALL CAME IN FAVOR OF OF IT BEING PUT AS COMMERCIAL, BUT IT JUST SEEMS TO BE BACK AND FORTH, KIND OF WISHY WASHY OF OF BACK AND FORTH. AND SO I ALSO FEEL LIKE WE'VE WASTED A LOT OF OUR TIME IN COMING TO THESE. ANYHOW.

SO YEAH, I APPRECIATE APPRECIATE YOU GUYS. AND YEAH, WE GUESS WE HOPE YOU STAND

[02:00:05]

WE'RE STARTING CONSTRUCTION ON LOT THREE IN THE SPRING SO YOU CAN PUT FIRE SPRINKLERS. YOU CAN GO UP TO I BELIEVE IT'S 200 UNITS OFF OF ONE ACCESS POINT. SO SO I JUST WANTED TO CLARIFY THAT CONFUSION. SO, SO AT THIS POINT AND WE CAN'T REALLY ASK, BUT YOU ARE CONTEMPLATING A SPRINKLED DEVELOPMENT. YEAH THAT'S YEAH. THE FIRE LINES ARE ALL INSTALLED AND AND FROM THE ROADWAY. YEAH. THANK YOU. AND I GUESS THAT WAS ACTUALLY NOT I SHOULD HAVE I SHOULD HAVE ASKED.

I'M SORRY. YES YOU MAY. SO COULD YOU SHOW ME WHICH THREE LOTS OF THESE ARE THE ONES THAT ARE. HERE. YEAH. THERE'S THE WE HAVE A POINTER. WE'LL USE MR. SANDERS POINTER. OKAY. THIS TOWN. OH, OKAY. IT'S A BIG CIRCLE. SO LET ME STEADY MY HAND. THAT LOT, THAT LOT AND THAT LOT. THOSE THOSE THREE RIGHT THERE. AND THAT'S WHERE YOU'RE STARTING CONSTRUCTION.

YEAH. THE FIRST LOT WILL BE. FIRST ONE WOULD BE THE THE VERY SOUTHERN. OKAY. YEAH. ALL RIGHT.

OTHER QUESTIONS. GO AHEAD CONTINUE OR YOU'RE FINISHED. THAT'S IT OKAY. FOR YOUR TIME.

OTHERS WHO WANT TO OFFER TESTIMONY. ABOUT I OWN SOME OF THE LOTS JUST TO THE SOUTH OF THERE. AND I GUESS MY BIGGEST CONCERN ABOUT THE WHOLE THING IS IF IT'S CHANGED BACK TO R3.

A WHAT'S STOPS THEM FROM DECIDING, OH, WE CAN'T NOW AFFORD TO BUILD $300,000 HOMES ON HERE AND ON THAT PROPERTY BECAUSE IT'S TOO VALUABLE. SO WE'RE GOING TO EXTEND ALL THE APARTMENTS THAT WE'VE STARTED FROM THE HIGHWAY ALL THROUGH WOODRIDGE CIRCLE. AND WE'RE GOING TO PUT THREE STORY APARTMENTS WITH ALL THE WAY THROUGH THERE. IS THERE ANYTHING THAT STOPS THEM FROM DOING THAT? OR IF YOU CHANGE IT TO R3, A CAN THEY DO ANYTHING THEY WANT, EVEN THOUGH THEY'RE THEY'RE TELLING YOU THAT THEY'RE GOING TO DO THESE LITTLE $300,000 HOMES THAT PEOPLE CAN BUY. YOU KNOW, I GUESS, WHICH WOULD BE GREAT IF THEY CAN DO THAT. BUT IS THERE ANYTHING THAT STOPS THEM FROM DISCONTINUING ALL THOSE APARTMENTS DOWN AND SAYING, OH, THAT DIDN'T WORK OUT. SO WE'RE GOING TO WE'RE GOING TO BUILD APARTMENTS ALL THE WAY CLEAR DOWN TO WOODRUFF. SO, MR. DUNKLEY, I WOULD SAY THAT I'M PRETTY LIBERAL ABOUT HEARING ABOUT LETTING THE COUNCIL MEMBERS ASK QUESTIONS, BUT BECAUSE IT'S A HEARING IN TECHNICALLY WE'RE DOING LISTENING HERE AND NOT A Q&A, BUT THERE ARE PEOPLE IN THE ROOM WHO CAN ANSWER YOUR QUESTION OR OUTSIDE OF THE HEARING ITSELF, WE CAN MAKE SURE WE GET YOU SOME ANSWERS, BUT RIGHT NOW ISN'T THE TIME TO ANSWER YOUR QUESTIONS. SO WE'LL TAKE THAT AS SORT OF A RHETORICAL QUESTION. GIVES THEM FOOD FOR THOUGHT. AND BUT WE CAN GET BACK TO YOU IF YOU IF YOU WANT THE ANSWER. YEAH I WOULD LIKE THE ANSWER BACK ON THAT. CAN THEY DO THAT IF THAT'S WHAT THEY DECIDE.

BECAUSE I SEE ORIGINALLY WHERE IT WAS A HIGHWAY FRONTAGE AND THEN IT WENT INTO APARTMENTS AND NOW IT'S APARTMENTS CLEAR AGAINST THE HIGHWAY. I FEEL SORRY FOR ANYBODY THAT'S STUPID ENOUGH TO RENT AN APARTMENT RIGHT AGAINST THE HIGHWAY WITH THE TRAFFIC AND STUFF. I MEAN, YOU CAN LITERALLY ABOUT SPIT FROM THE FROM THE EDGE OF THE ROAD TO THE APARTMENTS. AND SO WERE THEY GOING TO. THEY'RE PUTTING AS MUCH DENSITY AS THEY CAN POSSIBLY PUT IN THERE. OR THEY CAN KEEP DOING THAT. AND THEN WHEN THEY GET TO THAT, IF IT IT CHANGES THE R3. A ARE

[02:05:05]

AND THE PIECE THAT KICKS DOWN ON THAT PROPERTY, THEY WANT TO ADVISE. IT'S LIKE THE BACK OF MINE. THIS IS A COMMERCIAL AREA. I'VE GOT SEVERAL COMMERCIAL BUILDINGS THERE, AND HE'S LIKE HE SAID, IF YOU START I DROVE DOWN THAT ROAD AND THE TOP LIKE HE'S TALKING ABOUT, THEY'RE JUST BUILDING A CHINESE. ADOPTION THERE. THERE'S THREE STORIES AND THERE'S GOING TO BE SO MANY PEOPLE IN THAT AREA. THERE'S NO TRAFFIC THAT YOU CAN GET THROUGH THERE. IT'S JUST BLOCKED ALL THE TIME. ONE OF THE GUYS SAID, I THINK IT WAS. HE SAID THAT ONE OF THE GUYS DELIVERING IN PARTS TO HIS BUSINESS AND MECHANICAL BUSINESS, HE SAT THERE FOR A HALF HOUR TRYING TO GET ON THE ROAD. YOU KNOW, HE'S, YOU KNOW, HE'S GOT AN ADOPTION AND HE'S GOT A DELIVERY STUFF AS HE WISHES, NOT SITTING THERE ALL DAY WAITING FOR CHRISTMAS TO COME, YOU KNOW. SO I MEAN, I DON'T SEE WHAT BOB'S TALKING ABOUT BECAUSE I WAS ASTOUNDED WHEN I DROVE UP THERE. THEY HAVE ALL NEW GUTTERS AND ROADS THERE QUITE A WAYS ON THAT CIRCLE. AND, AND THAT THE BUILDINGS DOWN THERE ON THE END ARE JUST LOOK LIKE ALL THE ONES IN THE FIELD AROUND HERE. THEY'RE JUST SHOOTING UP ALL OVER. IS THAT, IS THAT MANY PEOPLE GOING TO MOVE HERE? WE'RE REALLY CONCERNED ABOUT IT, MY WIFE SAYS. AND LIKE BOB SAYS, THEY CAN JUST START SOMETHING AND THEN ALL OF A SUDDEN THEY SAY, WELL, LET'S GET THIS CONVERTED SO IT'LL FIT INTO OUR CATEGORY. BUT THAT WILL LESSEN THE VALUE OF HIS PROPERTY AND MY PROPERTY TO CHANGE THE THE AREA FROM R-3. SO, YOU KNOW, I DON'T HAVE A LOT OF MONEY. I DO OWN THAT BUILDING, THAT PIECE OF PROPERTY, BUT EVERYBODY WANTS TO BUY IT. AND IT'S FUNNY, I'M GETTING OLD. THEY WANT TO KICK ME OUT AND I CAN GO SOMEWHERE AND SIT IN THE CORNER, BUT I'M STILL OVER THERE DOING SOME STUFF A LITTLE. BUT ANYWAY, THAT'S MY CONCERN. AND I THINK IF IT WAS YOUR PROPERTY YOU'D BE CONCERNED. ALSO, KEEP IT WHERE IT IS BECAUSE PETERSON OWNS THAT FIRST CAR SALES. HE'S GOT SEVERAL PROPERTIES AND HE TRIES TO RUN A GOOD BUSINESS THERE, YOU KNOW, SELL SOME GOOD CARS. PEOPLE RETURN AND BUY BACK. BOB'S GOT SOME GOOD BUSINESSES ALSO. THAT'S MY CONCERN. THANK YOU. THANK YOU, MR. HARPER. DO WE HAVE ANY OTHER TESTIMONY THAT. MARK ANDREWS, I OWN PROPERTY ON ON THE WOODRUFF AND SOME OF MY CONCERNS IS THERE'S ALREADY BEEN 240 APARTMENT UNITS BEEN APPROVED FOR WOODRIDGE CIRCLE.

AND THE CHALLENGE WE HAVE WITH THAT, ALTHOUGH THERE IS GOING TO BE TWO ACCESSES, THEY BOTH DON'T RIDE ONTO WOODRUFF. AND WOODRUFF IS ALREADY BUMPER TO BUMPER CARS AND I CAN'T GET OUT.

I'LL SPEND FIVE MINUTES TRYING TO GET ON THE ROAD, AND THERE'S BEEN SEVERAL ACCIDENTS. PEOPLE TRYING TO DODGE TO TO GET INTO THE LINE. NOT ONLY THAT, BUT THEN I ALSO. LEASE THE CORNER RIGHT THERE ACROSS THE STREET. AND AND IT IS THEIR INTENT TO TO BUILD TWO MORE 24 UNIT BUILDINGS, ANOTHER 48 UNITS THERE. THEY HAD A MEETING AND SHOWED US THEIR PLAN. AND THAT'S WHAT THEY WANT TO DO IS CONTINUE WHAT THEY'RE DOING ON DOWN. WE HAVE A LOT OF CONSTRUCTION EQUIPMENT THERE. WE WE HAVE A LOT OF SEMIS IN AND OUT, AND THE PROPERTY IS SURROUNDED ALL THE WAY AROUND WITH COMMERCIAL. AND IT JUST SEEMS TO ME THAT HIGHWAY COMMERCIAL SHOULD BE THE WAY IT SHOULD STAY. WE JUST FOR A SAFETY ISSUE. WE HAVE A LOT OF SEMIS IN AND OUT OF THERE, A LOT OF TRACTORS AND TRUCKS, AND IT JUST SEEMS MORE ACCOMMODATING TO KEEP IT THE WAY IT IS. AND I WAS. I WAS OFFERED COMPENSATION BY THE DEVELOPER, NOT HERE TONIGHT, BUT I THINK IT'S IMPORTANT TO STAND HERE AND FOR A SAFETY ISSUE. I JUST THINK, YOU KNOW, IF THERE'S 240 UNITS ALREADY APPROVED IN THERE AND THE TYPICAL HOUSEHOLD HAS TWO CARS, THAT'S 480 CARS TRYING TO GET OFF OF WOODRUFF. AND NOT ONLY

[02:10:03]

AND YES, IT'S JUST THE AMOUNT OF CARS GOING TO BE ON THE WOODRUFF. IT JUST SEEMS UNIMAGINABLE. I'M NOT A CIVIL ENGINEER. I DON'T DO THAT FOR A LIVING. BUT I DO REPAIR CARS MIGHT BE GREAT FOR BUSINESS FOR ME SINCE THEY REPAIR CARS, BUT I HATE TO SEE THAT HAPPEN EVEN FROM MY BUSINESS FOR PEOPLE'S SAFETY. BUT YEAH, IT IS COMMERCIAL CURRENTLY, AND MAPPING IT SURE SEEMS TO MAKE SENSE AND I JUST CAN'T SEE IT BEING A A GOOD THING FOR THE DENSITY AND THE AMOUNT OF CARS THAT ARE ENTERING ON DELIVERY. SO THAT'S MY POINT. THANK YOU, MR. MITCHELL. THANK YOU FOR LISTENING. ALL RIGHT. ANY OTHER VISITORS HERE THIS EVENING WHO ARE WANTING TO OFFER TESTIMONY? ALL RIGHT, WELL, THE ORDER NOW CALLS FOR HAVING OUR APPLICANT OFFER ANY REBUTTALS, AND YOU GET THE LAST WORD, ESSENTIALLY. AND SO YOU'RE WELCOME TO COME NOW. AND I SHOULD BE ASKING ALSO, COUNCIL MEMBERS, DO YOU HAVE ANY QUESTIONS OF ANYBODY WE'VE HEARD FROM. ALL RIGHT. THANK YOU. WE APPRECIATE THOSE THAT COME. CERTAINLY APPRECIATE THEIR TIME AND RECOGNIZE THAT. SO YOU KNOW THIS THE TRAFFIC'S MENTIONED IT WAS MENTIONED HEAVILY IN THE PLANNING AND ZONING TOO. AND I THINK IT'S IMPORTANT TO TO TO RECALL THAT, YOU KNOW, THIS REZONING REQUEST THAT WE PROPOSED WILL NOT INCREASE THE TRAFFIC BUT POTENTIALLY LESSEN THE TRAFFIC BASED ON ON THE EXISTING USE THAT THERE CURRENTLY IS. YOU KNOW, THERE'S A LOT OF TALK ABOUT THE APARTMENTS THAT ARE THAT ARE ON THE NORTH SIDE OF THIS PROPERTY, THOSE NOT INVOLVED WITH US, WE HAVE NOTHING TO DO WITH IT. AND SO WE, WE, WE BASICALLY ARE AN OBSTACLE FROM HAWTHORNE DOWN WITH THIS TRANSITION PIECE. AND AS DAN, YOU MENTIONED, WE ALREADY HAVE AN APPROVED SITE PLAN ON LOTS ONE THROUGH THREE.

AND THEN BLOWING THAT INTO THIS NEW LOT JUST MADE A LOT MORE SENSE TO US. CERTAINLY WE DON'T WANT TO SPEND OUR TIME DOING THESE REASONS BACK AND FORTH. WE WE'RE 2.5 HOURS AWAY LIVING IN NORTHERN UTAH. AND SO FOR US TO COME BACK AND FORTH AND DO THIS MULTIPLE TIMES IS A TIME FOR US EITHER. BUT WE WOULD RATHER GET THE PROPERTY RIGHT AND THEN HAVE IT MAKE THE MOST SENSE. AND TO US, FOR THE REASONS I STATED BEFORE, THIS MAKES THE MOST SENSE TO DO THAT, WHICH IS WHY WE'VE BEEN SAID, HEY, WE'RE GOING TO GO THROUGH THE EFFORT OF DOING THIS AGAIN, EVEN THOUGH, YOU KNOW, IT WASN'T OUR FIRST CHOICE TO HAVE TO DO THIS MULTIPLE TIMES. AND SO I WANT TO I WANT TO MAKE NOTE THAT, YOU KNOW, LIKE WE'VE WE'VE DRIVEN HERE, YOU KNOW, MULTIPLE TIMES HOURS TO GET HERE, TO BE ABLE TO REPRESENT AND BE HERE IN PERSON. AND WE WOULDN'T BE DOING THIS IF WE DIDN'T FEEL LIKE THIS WAS IN THE BEST INTEREST OF THIS PARCEL, FOR THE BENEFIT OF THE BENEFIT OF THE CITY AND THE RESIDENTS THAT LIVE HERE, AND BE ABLE TO PROVIDE THE SOLUTION. YOU KNOW, STAFF MENTIONED THAT HIGHWAY COMMERCIAL IS RIGHT NOW SHOULD BE LOCATED ON A HIGHWAY HEADED BACK INTO THE CITY. THIS IS ONE OF THE REASONS WE FEEL LIKE THIS OPPORTUNITY ZONE MAKES A LOT OF SENSE RIGHT HERE BECAUSE YOU'VE GOT, YOU KNOW, YOUR HIGHWAYS THAT COME IN OF HAWTHORNE, LINCOLN, BUT THIS IS ALL KIND OF A SIDE ROAD THAT COMES IN THERE, WHICH IS THAT TRANSITION ZONE WHERE IT DOES MAKE SENSE TO HAVE SOME RESIDENTIAL PUT IN THERE, WHICH IS WHY IT'S BEEN RESIDENTIAL FOR OVER 50 YEARS AND WHY IT

[02:15:02]

IT'S REALLY IN REGARDS TO THE COMPREHENSIVE PLAN THAT WE'RE LOOKING AT IN TERMS OF ZONING.

THANK YOU. SO I GUESS MY POINT IS THAT I BELIEVE THERE, IF WHAT I'M HEARING YOU CORRECTLY, THE TIME FOR THE DEBATE ABOUT TRAFFIC COMES A LITTLE BIT LATER WHEN THE WHEN THE ACTUAL STUDIES ARE DONE, I SAID SITE PLAN. SORRY, IT'S BEEN A LONG DAY. SO I SAID SITE PLAN I WOULD COME AT SUBDIVISION IS WHEN THAT TRAFFIC STUDY IS DONE. OKAY. AND THEN YOU DID, I THINK, CLARIFY SOMETHING THAT I WAS GOING TO ASK OUR ATTORNEY TO CLARIFY. AND THAT IS THAT THE BASIS ON WHICH THE COUNCIL IS TO BE MAKING THEIR DECISION TONIGHT? AND I'M FAIR TO ASK YOU, BECAUSE YOU HAVE THIS EXPERTISE FOR SURE. IS IS IT COMPATIBLE WITH THE COMPREHENSIVE PLAN? THAT'S CORRECT, NOT THE USE. WE'VE HAD A GREAT DEAL OF CONVERSATION ABOUT THE USE, BUT THAT IS ALL, LIKE YOU SAID, EXTRANEOUS. OKAY. THANK YOU FOR CLARIFYING THAT.

COUNCIL MEMBERS. OTHER QUESTIONS. DO YOU HAVE ANOTHER QUESTION? I DO, MR. DIRECTOR.

AND AGAIN, I MAY BE OUT OF LINE, BUT I'M GOING TO TRY. WHEN WE DO DO A TRAFFIC STUDY, COULD YOU JUST HELP THE PEOPLE IN THE ROOM UNDERSTAND WHAT KIND OF THINGS A TRAFFIC STUDY MIGHT TRIGGER? THAT WOULD MAKE WOODRUFF SAFER? YES, IT WOULD MAKE. SO THAT'S A VERY GOOD QUESTION. SO THERE'S A KIND OF COMBINATION OF THINGS IN REGARDS TO THE WIDENING OF ROADS. SO FIRST OFF WHAT WE LOOK AT IS THE THE ACCESS MANAGEMENT PLAN WHICH DELINEATES CERTAIN ROADS AS ARTERIALS, NEIGHBORHOOD ROADS. SO THAT WOULD DELINEATE THE WIDTH WHEN IT COMES TO THE INFRASTRUCTURE. THEN THE TRAFFIC STUDY WOULD GENERATE SUCH THINGS AS THE NEED FOR A LIGHT, THE NEED FOR ONE WAY STREET, A TURN LANE. ALL THOSE THINGS COME OUT OF THAT TRAFFIC STUDY AS THE TRIPS GENERATED IS WHAT THAT WOULD HELP GUIDE US INTO THE FUTURE. SO IT USUALLY WOULD GENERATE THE NEED FOR A TRAFFIC LIGHT OF SOME KIND.

USUALLY IS WHAT OCCURS FROM THAT. OKAY. THANK YOU, COUNCILOR LARSON, I BELIEVE I READ THE TESTIMONY FROM PLANNING COMMISSION HEARING THAT SOMEONE SAID THAT THE MPO HAD IT IN THEIR PLANS FOR 2028. KNOWLEDGE OF. YES. IS THAT A PRETTY MUCH A SOLID THING, OR IS THAT STILL KIND OF UP IN THE AIR, OR. THAT WAS WHAT IT'S PROGRAMED IN, BUT IT HASN'T.

THERE'S NO FUNDING SOURCE AT THIS TIME. YES. IT'S FAR ENOUGH OUT THAT THERE ISN'T ONE THAT'S BEEN IDENTIFIED. I THINK IT WAS SLATED FOR 2028. IT'S NOT UNUSUAL. AND THAT CAME FROM OUR ASSISTANT COMMUNITY DEVELOPMENT DIRECTOR. HE SITS ON THE BOARD. SO YES. AND WE DO HAVE FOUR MEMBERS OF THE MPO POLICY BOARD ON THE ON THE COUNCIL. SO THERE IS SOME KNOWLEDGE AND AWARENESS.

[02:20:01]

THANK YOU. THANK YOU. OKAY. OTHER QUESTIONS. CAN I MAKE A COMMENT? WE HAVE MOVED ON FROM TESTIMONY COUNCIL MEMBERS, ARE YOU IS THERE ANY OPPOSITION TO MOVING BACKWARD AND TAKING ANOTHER TESTIMONY FROM MR. BUT I WILL SAY THAT BECAUSE WE HAVE DETERMINED, MR. HALPERT, THAT IT IS NOT APPROPRIATE FOR THE COUNCIL TO BE FOCUSING ON THE USE, THEN IT'S YOUR TESTIMONY IS WELCOME. BUT I WOULD ASK YOU TO NOT TALK ABOUT THE USE JUST A COUPLE OF WORDS, AND WE'LL NEED TO HAVE THE APPLICANTS TO BE ABLE TO REBUT ANYTHING. THANK YOU. OKAY. MY SON AND HIS FRIEND REBUILT THE BUILDING AND REFURBISHED AND PAINTED IT. AND THEY MAKE COMMENTS THAT THEY COULD NEVER GET OUT OF THE DRIVEWAY EXCEPT TO MAKE A RIGHT HAND TURN AND GO DOWN IN SOME WAY. GO BY THE FURNITURE STORE. AND THAT IS THE TRUTH. I CANNOT GET OUT OF MY DRIVEWAY AND THERE ARE SEVEN LANES. THERE'S ONE RIGHT INTO MY DRIVEWAY. AND THEN THE OTHER DAY I WAS COMING DOWN WOODRUFF RIGHT IN FRONT OF GADSDEN, DRUG MAKING THE TURN TO MY SHOP, AND A GUY COMES THROUGH TRAFFIC AND HITS MY CAR. HE WAS IN A HURRY. HIS YOUNG GUY. BUT NEEDLESS TO SAY, IN THAT ROAD'S OPEN UP. WOODRUFF. GAS AND DROVE BACK THERE SOME MORE TRAFFIC, USUAL TRAFFIC SO THAT ALL FILES IN TO THE NORTHERN AREA. AND THAT'S ALONG THAT ROAD THAT YOU TALK ABOUT ISN'T CLINICS. IT NEEDS TO BE DONE. THEN TALK ABOUT PUTTING SOMETHING ELSE IN THERE, BECAUSE THERE'S NOWHERE TO DRIVE. IT REALLY ISN'T. AND I GOT THE CAR GOT WRECKED BECAUSE I WAS JUST DOING MY NORMAL TURN. AND THEN THE CITY GAVE ME A TICKET THAT I WAS ON THE YELLOW LINE. OKAY, YOU HAVE TO GET OVER THE YELLOW LINE BECAUSE THE TRAFFIC WAS SO PILED UP, I HAD TO GO WHEREVER I HAD TO GO. THEY SAID, OH, YEAH, EVERYBODY DOES THAT ANYWAY. AND THEY SAID, WE'RE NOT CHARGING YOU $99. WE DON'T CHARGE YOU 67 BECAUSE EVERYBODY DOES THAT. SO IT'S A LITTLE STRANGE, BUT I DID PAY THAT. BUT NEEDLESS TO SAY, WHEN THEY BUILD THAT OTHER ROAD IN HIGHER, THEN TALK ABOUT DOING SOMETHING WITH THAT OTHER PROPERTY BECAUSE THERE'S NO PLACE TO GO. IT'S JUST LIKE YOU'RE YOU'RE JUST TURNED LOOSE IN A COUNTRY AND DRIVE AROUND.

OKAY. THANK YOU, MR. HARPER. ALL RIGHT. SO THE APPLICANT HAS THE OPPORTUNITY TO REBUT THAT

[02:25:06]

THOSE COST MONEY. WHEN WE WORKED WITH THE THE NEIGHBORING PROPERTY OWNERS AND ASKED THEM IF THEY WANTED TO, TO CONTRIBUTE ON THAT, AND THEY SAID, NO, WE DON'T WANT TO PAY FOR IT, WHY DON'T YOU PAY FOR IT? AND WE SAID, WELL, WE'D BE HAPPY TO COVER THAT COST IF YOU SUPPORT US IN OUR EFFORTS. THAT'S ALL. AND SO I WANTED TO ADDRESS THAT BECAUSE THAT THAT IS CLEARLY NOT THE CASE. SO ANYWAYS, WITH THAT WE APPRECIATE YOUR TIME. WE APPRECIATE YOUR CONSIDERATION. THANK YOU. CAN I CAN I ASK YOU A QUESTION? WELL, I'M GOING TO LET YOU CONTINUE WITH QUESTIONS. SO OKAY. IF I REMEMBER RIGHT WHEN YOU BOUGHT THE PROPERTY IT WAS R3. THAT'S CORRECT OKAY. THAT'S ALL I HAVE OKAY. COUNCIL MEMBERS ANY QUESTIONS FOR ANYONE? ALL RIGHT. AT THIS TIME I'M GOING TO CLOSE THE HEARING. AND I'M GOING TO TURN IT TO COUNCIL MEMBERS TO ENGAGE IN SOME DELIBERATION. BECAUSE OF THE HIGH LEVEL OF INTEREST. AND MAYBE THE HIGH STAKES, I WOULD ASK YOU TO TO BE PRETTY ROBUST IN YOUR EXPLANATIONS HERE SO THAT THERE'S SOME, SOME LEVEL OF UNDERSTANDING WHEN WE DO TAKE A VOTE. SO WHO WOULD LIKE TO LEAD OFF? COUNCILOR LARSON? LAND USE ISSUES OR STRUGGLE BECAUSE. THERE'S LOTS OF PEOPLE WITH LOTS OF VALID POINTS. AND THE TRAFFIC THING OBVIOUSLY IS A SERIOUS SITUATION. BUT WHEN THE PROPERTY WAS PURCHASED, IT WAS R3. AND THE PROJECT THAT'S PROPOSED IS WITHIN THE. PLANT.

YEAH. MASTER PLAN. SO WHEN SOMEONE COMES IN AND BUYS A PIECE OF PROPERTY AND LOOKS AT THE LAWS OF ZONING THAT ARE IN PLACE AT THE TIME AND THEN WANTS TO PUT A PROJECT IN THAT MATCHES THAT, THAT'S KIND OF HOW IT WORKS. IT DOESN'T SOLVE THE TRAFFIC PROBLEM, I UNDERSTAND THAT, BUT AS WAS BROUGHT UP BY STAFF. THE TRAFFIC ON R3 IS PROBABLY NO WORSE THAN MAY WELL BE LESS THAN HIGHWAY COMMERCIAL. SO I GUESS TO ME WE CAN'T WE CAN'T BACK UP THE PROJECTS THAT ARE ALREADY STARTED ABOVE IT. THOSE ARE APPROVED AND MOVING FORWARD.

ALL WE CAN DO IS LOOK AT THE SITUATION AS IT EXISTS NOW. AND IT SEEMS TO ME THAT THE REQUEST TO GO TO R3 A BOTH A LITTLE UNUSUAL TO COME BACK AFTER 11 MONTHS. I DON'T SEE ANYTHING IN THAT THAT'S INCONSISTENT WITH WHAT THEY STARTED AT AND WHAT THE MASTER OF THE COMPREHENSIVE PLAN STIPULATES. OKAY. THANK YOU FOR FOR THAT. COUNCIL MEMBERS, ANY OTHERS OF YOU WOULD LIKE, WOULD YOU LIKE TO VISIT BACK AND FORTH OR HAVE COMMENTS THAT YOU'D LIKE TO SHARE? COUNCIL PRESIDENT BURTENSHAW GO AHEAD, GO AHEAD. OKAY. COUNCILOR FREEMAN, JUST A LITTLE HISTORICAL LOOK BACK THIS I'M LIKENING THIS TO A COUPLE OF OUR OTHER PROPERTIES WE'VE DEALT WITH IN THE PAST, AND I'M THINKING OF THE MCNEIL DRIVE FOR ONE AND CHAPIN DRIVE FOR ANOTHER. AND I THINK YOU ALL, MOST ALL OF YOU REMEMBER THOSE TWO PARTICULAR ONES WHERE WE DENIED A CHANGE OF ZONE BECAUSE OF THE INDUSTRIAL NATURE OF THE, OF THE NEIGHBORHOOD AND TO PUT TO PUT HOUSING INTO THAT INDUSTRIAL AREA. AND WE DENIED BOTH OF THOSE. SO I THINK THERE'S SOME CONSISTENCY HERE. WE HAVE TO WE HAVE TO CONSIDER. YOU KNOW, THE FACT THAT IT WAS R3 AT ONE TIME AND THEN IT WAS SWITCHED AND THEN THEY WANT TO SWITCH IT BACK. THAT THAT IS COMPELLING. BUT I ALSO UNDERSTAND THAT THE PEOPLE WHO HAVE BEEN HERE FOR YEARS AND YEARS. KNOW THIS AS AN INDUSTRIAL AREA, AND I, YOU KNOW. THIS IS A REALLY

[02:30:09]

I THINK THAT IT I UNDERSTAND IT WAS R3 AT ONE POINT, BUT IF I WERE TO BE ABLE TO TAKE OFF A COUPLE OF CORNERS OF R3, THIS WOULD BE ONE OF THE CORNERS THAT I WOULD TAKE OFF OF R3. A I THINK THAT IT IS. IT MATCHES BETTER IN THE HIGHWAY COMMERCIAL JUST AS A ZONE, JUST EVEN FOR THE RESIDENTS WHO WHO WOULD LIVE THERE. IT'S IT'S NOT AS IF IT MOVES FROM R1 TO R3. A OUT TO A, YOU KNOW, A SHOPPING CENTER. IT IS, IS QUITE INDUSTRIAL THROUGH THIS AREA AND, AND I WOULD THINK THAT EVEN WITHIN THE COMPREHENSIVE PLAN THAT IT SAYS NO NEIGHBORHOOD CAN BE EXEMPT FROM CHANGE. NO NEIGHBORHOOD SHOULD EXPERIENCE SUDDEN RADICAL CHANGE. I THINK THAT THIS WOULD BE JUST ONE PARCEL, ONE PARCEL TOO FAR TO BRING INTO R3. A I THINK THAT IT DOES BELONG ON HIGHWAY COMMERCIAL ON THIS CORNER, ON THIS AS IT BENDS INTO THE RESIDENTIAL AREA. I HAVE ONE MORE COMMENT THAT YOU MADE ME THINK OF. THAT IS THAT I GENERALLY TRUST THE THE THE STRUGGLING FOR THE NAME, FOR THE PLANNING AND ZONING BOARD TO, YOU KNOW, THEIR RECOMMENDATIONS. YOU KNOW, I CAN'T THINK OF THE LAST TIME THAT I WENT AGAINST ONE OF THEIR RECOMMENDATIONS BECAUSE THEY ARE THOUGHTFUL AND THEY AND, YOU KNOW, THAT'S A SINGLE THING, THAT KIND OF THING THAT THEY DEAL WITH. AND SO. JUST ANOTHER REASON THAT I WOULD THINK I SUPPORT. COUNCIL MEMBER. WELL, I MEAN, EVEN IF, EVEN IF YOU LOOK AT THE LIKE TO WHAT YOU'RE TALKING ABOUT MCNEIL R3 A THE BUFFER IS REALLY THIS WOODRUFF CIRCLE. AND THEN IT MOVES OVER AND THEN THE THE BACK SIDE OF THE, THE THE BLUE IN THE WHAT I, YOU KNOW, WAS IT LOOKS LIKE IT'S NOT R1 IS IT R IN H. YES. SO YOU KNOW IT, IT ALSO HAS KIND OF THAT GROWS OUT INTO LARGER DENSITY. BUT THEN THERE YOU ARE RIGHT UP AGAINST HIGHWAY COMMERCIAL. AND IF THIS PIECE REZONES THEY WILL BACK HIGHWAY COMMERCIAL. THERE WON'T BE ANY KIND OF GOOD. I MEAN, I KNOW WE HAVE ORDINANCES TO TO CREATE BUFFER ZONE, BUT I, I JUST THINK THAT ONCE AGAIN THERE ARE IT'S OKAY THAT THE OTHER IS R3. BUT THIS ONE PARTICULAR PIECE JUST FITS MORE LIKE WHAT WE DENIED IT ON MCNEIL. OKAY. COUNCILOR RADFORD, SO CAN I LIKE RIGHT ABOVE HAWTHORNE CIRCLE THERE'S HIGHWAY COMMERCIAL AND ARE THOSE ARE THOSE MOBILE HOMES THE LIME GREEN COLOR? THAT'S A MOBILE HOME DEVELOPMENT OR ZONE IN IN ALL FOUR PLACES THAT WE CAN SEE LIME GREEN ON THE MAP. SO IT LOOKS LIKE TO ME THERE'S MOBILE HOMES IN ALL THREE DIFFERENT DESIGNATIONS. RIGHT. THERE'S THE GREEN, THERE'S THE HIGHWAY COMMERCIAL AND THEN A GREEN AGAIN, AM I WRONG? OKAY. SO I WORK NEAR THIS AND AND JUST LIKE THE PROPERTY WE TALKED ABOUT THE THAT WE JUST APPROVED FOR CELL, I THINK IT'S ONE OF THE MOST PROBABLY THE ALONG WITH BROADWAY WHERE WE TALKED ABOUT OVER BY ACE HARDWARE THAT IT'S THIS IS ONE OF THE NEW WALKABLE URBAN CONSTRUCTS. AND THE WHOLE POINT IS TO HAVE SOME HOUSING NEXT TO BUSINESSES SO THAT PEOPLE CAN WALK TO BUSINESSES. AND THIS IS CLOSE ENOUGH TO GROCERY STORES. IT'S CLOSE ENOUGH TO RESTAURANTS. IT'S CLOSE ENOUGH THAT PEOPLE CAN GET ON A SCOOTER OR ON THEIR BICYCLE AND THEIR R3, A PREDICTABILITY TO DEVELOPERS. I DON'T IF WE KEEP DENYING THESE. WHEN PEOPLE HAVE THE PROPERTY RIGHTS, THEY OWN

[02:35:01]

THE POTENTIAL FOR EXCEEDING THE CAPACITY OF EXISTING PUBLIC SERVICE, LIKE PUBLIC SAFETY AND SERVICES, THERE'S THERE WOULD NOT EXCEED THAT. I JUST DON'T AS YOU GO THROUGH THE LIST, THERE'S NOTHING THE POTENTIAL FOR NUISANCES, FOR HEALTH AND SAFETY HAZARDS THAT COULD HAVE AN ADVERSE EFFECT ON ADJOINING PROPERTIES. I DON'T SEE HOW HOUSING WILL MAKE SOMEONE LESS SAFE. THAT'S ADJACENT. RECENT CHANGES IN LAND USE ON ADJOINING PARCELS HAVE PROPOSED ZONING MAP AMENDMENT. THE PARCEL WAS PRIOR THREE R3 A SO. IT'S VERY CLEAR WHAT THE PROPOSED CHANGE IS IN ACCORDANCE WITH THE COMPREHENSIVE PLAN. THIS IS HOW IT'S BEEN PLANNED. THERE'S A REASON WE PUT APARTMENTS IN THAT. THE BLUE ZONE. WE WANT APARTMENTS ON MAJOR THOROUGHFARES INSTEAD OF IN. SINGLE FAMILY HOME AREAS. SO I MEAN, THIS IS THE VERY KIND OF SPACE THAT WE SHOULD BE DOING THIS, AS I CAN SEE. SO I AND I JUST THINK THE OTHER THING WE NEED TO DO IS MAKE SURE THAT PROPERTY OWNERS HAVE THEIR OWNERSHIP PROTECTED, THAT THEY GET TO DECIDE UNLESS THEY'RE GOING TO DO SOMETHING DAMAGING TO THEIR NEIGHBORS. WHICH IS WHY WE WENT THROUGH THESE LISTS AND IT DIDN'T FIND THAT. AND OUR BUILDING COMMUNITY NEEDS TO HAVE PREDICTABILITY. IF IF THEY'RE GOING TO BUY A PIECE OF PROPERTY FOR $1 MILLION OR WHATEVER IT COSTS, THEN THEY NEED TO HAVE SOME PREDICTABILITY ABOUT HOW THEY'RE GOING TO DO IT. SO TO JUST HAVE THE BOARD SAY, OH, THERE WAS ENOUGH PEOPLE THAT CAME OUT AND SAID THAT THEY DIDN'T WANT THIS ISN'T A GOOD ENOUGH REASON FOR PREDICTABILITY, FOR BUSINESSES TO NOT SUCCEED WITH WHAT THEY WHAT THEY PUT INTO IT. SO THOSE ARE ALL BE SUPPORTING THE REZONE. THANK YOU COUNCILOR.

OTHERS THAT WANT TO MAKE COMMENTS. COUNCILOR FRANCIS. YEAH, I REMEMBER WE HAD A VERY SIMILAR ARGUMENT OVER THE MACDILL ROLANDIC PROPERTY ZONE AND THE RIGHT OF THE PROPERTY OWNER COMPARED TO THE PEOPLE WHO WERE AROUND. IN THAT CASE. ONE OF MY ARGUMENTS IN THAT CASE WAS THERE ALREADY WAS RESIDENTIAL IN THE AREA. AND I LOOK AT THIS AND GO, WELL, THERE'S ALREADY A THERE. HONESTLY, I'M NOT SURE I LOVE THAT, BUT IT IS ALREADY THERE.

AND THIS IS NOT INCONSISTENT WITH THAT WHOLE WOODRUFF CIRCLE PIECE. THAT'S ARBITRARY. A I THINK I ON COUNSEL AND MANY OF US UP HERE AT DIFFERENT TIMES HAVE FACED THE SAME THING THAT CAME UP IN THE TESTIMONY. WE DON'T KNOW WHAT'S GOING TO GO THERE PRECISELY BECAUSE WE ARE ONLY ALLOWED TO KNOW WHAT THE ZONE ALLOWS. THAT'S ALL WE CAN DO. AND SO R3 SAYS RESIDENTIAL, ENCOURAGING SOME COMMERCIAL TO SERVE THE PEOPLE WHO ARE LIVING THERE. BUT THAT'S ALL WE KNOW.

AND THAT DID COME UP, I THINK, MR. SANDER. THAT'S WHY I ASKED HIM THAT QUESTION ABOUT WHAT KIND OF COMMERCIAL IS ALLOWED IN R3. A BUT THE HEIGHT OF THE BUILDING. THAT'S UP TO THE DEVELOPER AND I HAVE OVER AND OVER AGAIN. THE HARDEST PART OF BEING ON COUNCIL IS MAKING DECISIONS FOR LAND USE. I WILL TELL YOU THAT BECAUSE IT'S RIGHT VERSUS RIGHT, IT'S LIBERTY VERSUS LIBERTY, AND WE DON'T GET TO SAY MAYBE. SO IN THIS CASE, IT'S NOT INCONSISTENT WITH WHAT IS ALREADY THERE ON WOODRUFF CIRCLE. THE DEVELOPER HAS SAID, I CAN'T PENCIL THIS IN AS HC, BUT I COULD PENCIL IT IN AS R3. A THAT'S AN IMPORTANT POINT BECAUSE HE OR THEY ARE THE PROPERTY OWNERS AND PROPERTY HAS RIGHTS. SO. I THINK THE PART ABOUT TRAFFIC AND LISTENING TO THAT, I KNOW, AND IT TAKES IT'S ALWAYS DELAYED DEALING WITH THAT. AND THAT'S WHY WOODRUFF IS NOT ALREADY DONE BUT IS IN IN THE PRIORITIES TO EVENTUALLY BE DONE WHEN THE FUNDING IS THERE AND THE PLANNING IS IS SET.

[02:40:04]

COUNCIL. YEAH. THOSE TWO. OKAY. ANYWAY, WE HAVE A MOTION. YEAH. BECAUSE IT'S. YEAH, YEAH. THANK YOU. YEAH. SO WE ARE READY FOR A VOTE. AND I GUESS THIS ONE'S GOING TO BE INTERESTING. AND SO LET'S GO SLOW. BURTENSHAW NOW. DINGMAN. NO. FRANCIS I FREEMAN. NO. LARSON. YES. RADFORD. ALL RIGHT. MAYOR. THAT'S A TIE. OKAY. I WAS COUNTING NOSES, AND I ONLY VOTE IN THE CASE OF TIES.

[02:45:04]

MANY OF THE BUSINESSES WERE NOT TOO PLEASED ABOUT THAT. ONE OF THE ONE OF THE NOTABLE FEATURES OF WOODRUFF AT THIS IN THIS PLACE IS THAT IN MANY CASES, THERE'S NO SIDEWALK, CURB AND GUTTER. AND THAT'S BECAUSE THE COUNTY ALLOWED THIS TO DEVELOP AS AN INDUSTRIAL COMMERCIAL AREA. BUT THEY DON'T HAVE THE REQUIREMENTS OF THEMSELVES TO PUT IN THAT KIND OF INFRASTRUCTURE THE LIGHTING, THE CURB, THE GUTTER, THE DRAINAGE AND ALL OF THAT. AND SO WHEN IT WAS ANNEXED, ANNEXED GROWTH HAD ALREADY HAPPENED, BUT THERE WAS NO RESOURCE COMING IN, NO CONTROL OVER THE DEVELOPMENT TO ALLOW THOSE FEES THAT GET PAID WHEN DEVELOPMENT HAPPENS TO FUND THE GROWTH AND OR EXCUSE ME, TO FUND THE INFRASTRUCTURE THAT WE REQUIRE.

WITHOUT THAT FUNDING, WE HAVE TO WAIT FOR THE MPO TO KICK IN. AND THAT'S WHY MPO, THE METROPOLITAN PLANNING ORGANIZATION, WHICH IS A LARGER BODY THAN JUST IDAHO FALLS, BUT THE ENTITIES THAT COME TOGETHER, IF WE SEEK FUNDING FOR OUR TRAFFIC AND ROADWAY ISSUES. AND SO THERE IS ABSOLUTE, ALMOST PAINFUL AWARENESS OF THE LACK OF CITY URBAN STYLE INFRASTRUCTURE THAT'S NEEDED ON THAT ROAD. AND IT'S ONLY MAKING THE LAND USE TRANSITION MORE DIFFICULT BECAUSE WE DON'T HAVE THE ROADWAY UP TO THE, THE, THE LEVEL OF SERVICE THAT IT NEEDS TO BE. BUT IT'S COMING AS FAR AS ALL OF THE PROPERTY IN TRANSITION. THIS IS TRICKY. AND WE TALKED A LOT EARLIER IN THE EVENING, NOT IN THIS HEARING, BUT WE TALKED A LOT ABOUT HIGHEST AND BEST USE AND HIGHEST AND BEST USE IS YOU HIT IT AND THEN LIFE HAPPENS. YEARS GO BY AND IT WILL, IT COULD, IT CAN AND OFTEN DOES EVOLVE. AND SO WHAT. MAYBE ONCE WAS A COUNTRY SETTING FOR A NICE LITTLE HOME OUT IN THE COUNTRY. CAN, YOU KNOW, 40 YEARS LATER, BE MORE APPROPRIATE FOR A GROCERY STORE THAT SERVES A SUBURBAN NEIGHBORHOOD AND SO ON AND SO FORTH. AND SO CHANGE HAPPENS. I AM PARTICULARLY PERSUADED EVERY TIME YOU GUYS CAN PREDICT THE WAY I'M GOING TO VOTE, BECAUSE I'M PRETTY CONSISTENT. I BELIEVE IN THE RIGHTS OF THE PROPERTY OWNER. THAT IS A FUNDAMENTAL AMERICAN RIGHT. AND THESE DOLLARS HAVE BEEN INVESTED IN THIS PROPERTY, AND THEY ARE NOT DOING ANYTHING THAT'S NOT IN COMPLIANCE WITH THE LAW. IN MAKING THIS REQUEST. THE. COMPREHENSIVE PLAN ALLOWS THIS, AND I THEREFORE VOTE IN FAVOR. NOT FEELING SMILEY BECAUSE THE OUTCOME IS NOT IS MAKING SOMEONE UNHAPPY WHILE IT'S MAKING SOMEONE HAPPY. AND IT'S GOING TO BE THAT WAY NO MATTER THE TURNOUT. THERE WE GO WITH THAT RECORD. MY VOTE PLEASE. I HAVE YOU DOWN AS A YES AND MOTION CARRIES. THANK

[5.D.2) Electrical Ordinance Amendment adopting the same version of the National Electrical Code adopted by the State of Idaho. Amendment to Title 7, Chapter 8, Section 1, of the Idaho Falls City Code to remove the Idaho Administrative Rule 7.01.06.011 which has been rescinded. ]

THANK YOU. THAT WAS A GOOD CLARIFICATION TO MAKE JUST TO HELP. ALL RIGHT. SO THEN,

[02:50:05]

SO THE REASON THAT'S STRUCK IS JUST BECAUSE THAT SECTION OF CODE, THE REFERENCES IN THE CORRECT, IT NO LONGER APPLIES. SO WE'RE JUST ADOPTING THE ELECTRICAL CODE THAT THE STATE HAS ADOPTED ON JULY 1ST. VERY GOOD. THANK YOU. COUNCIL MEMBERS. ANY QUESTIONS? COUNCILOR LARSON, PLEASE MAKE A MOTION. I SHOULD MAKE A STATEMENT. YEAH. IN OUR LIAISON MEETING, IT WAS CLEAR THAT. WHEN TO START. DO YOU WANT TO SPEAK TO WHEN TO START ENFORCING THIS SO THAT. YEAH. SO NO, THAT'S GOOD CLARITY. COUNCILMAN RADFORD. SO THE STATE WHEN THEY ADOPT THESE THEY DO GIVE US A LENIENCY FROM JULY 1ST TO DECEMBER 31ST ON ENFORCEMENT. THEY DO ALSO ALLOW US TO ON WHEN ADOPTION. WE HAVE TO ADOPT IT WITHIN THAT PERIOD OF TIME. SO JUST SO YOU'RE AWARE, WE BROUGHT IT AS SOON AS WE COULD AND BUT YEAH, JUST WANTED TO LET YOU KNOW THAT OKAY. VERY GOOD. SO DID YOU SECOND HIM FOR THE RECORD.

SECOND IF I DIDN'T. SO CITY CLERK, WILL YOU CONDUCT THE VOTE? I DIDN'T HEAR THE MOTION THAT I BELIEVE ALREADY WAS CAME FROM COUNCILOR LARSON. OR DID YOU NOT DO IT YET? NO. WE HAVEN'T DONE EMOTION ON THIS ONE. SHE'S EXACTLY RIGHT. OKAY. I'M SORRY. I WAS PLEASED TO KNOW THAT WAS A TEST. AND YOU PASSED. THANK YOU. EXACTLY. I'VE BEEN PRACTICING ALL NIGHT.

WHOA. OKAY. I MOVE THE COUNCIL, APPROVE THE ORDINANCE AMENDING TITLE SEVEN, CHAPTER EIGHT, SECTION ONE OF THE CITY CODE TO REMOVE THE IDAHO ADMINISTRATIVE RULE 7.01.06.011, WHICH HAS BEEN RESCINDED UNDER A SUSPENSION OF THE RULES REQUIRING THREE COMPLETE AND SEPARATE READINGS REQUESTED TO BE READ BY TITLE AND PUBLISHED BY SUMMARY. SECOND. I FEEL LIKE ALL WE'RE DOING IS AMENDING AN ORDINANCE AND WE DON'T HAVE THE WORDS IN OUR MOTION TO ADOPT THE CODE. MAYBE IT'S IN THE. MAYBE IT'S IN THE ORDINANCE TITLE. ADOPT THE CODE. IT JUST SAYS THAT WE'RE AMENDING. ISN'T IT, THAT WE'RE JUST REMOVING A PORTION OF THE ORDINANCE? IT'S NOT ADOPTING. IT'S IT'S REMOVING A PREVIOUS ADOPTION. YEAH. AND IT DOES SAY AMENDMENT TO TITLE SEVEN. SO IT'S SAYING AMENDMENT IN THERE. SO WE ALREADY ADOPTED THE CODE. WE'RE JUST AMENDING IT TO NOT MAKE REFERENCE TO THE THE RULES. CORRECT. YEAH IT IS. SO INSTEAD OF APPROVED THE ORDINANCE IS IT JUST APPROVED THE AMENDMENT TO I MEAN IT SAYS THE TITLE SAYS ELECTRIC ORDINANCE AMENDMENT ADOPTING THE SAME VERSION. SO WE'VE ALREADY ADOPTED IT LOOKS LIKE. AND THEN BECAUSE THE STATE APPROVED THE ORDINANCE AMENDING. SO IT DOES SEEM RIGHT.

YEAH. THE LANGUAGE IN THERE IS CORRECT. OKAY. IS IT DOES IT MAKE IT A DIFFERENT ORDINANCE BECAUSE WE'VE DELETED THAT AND THAT'S WHY IT USES THE TERM. WELL, I JUST FEEL LIKE AMENDING OUR OWN ORDINANCE IS ONE THING. OKAY. BUT I THOUGHT WE WERE ALSO ADOPTING A NEW PIECE OF THE CODE. SO ALL WE'RE DOING IS WE'RE NOT ADOPTING ANYTHING. WE'RE JUST MAKING OUR CODE COMPLIANT WITH THE STATE. YEAH. BY REMOVING THAT ADMINISTRATIVE RULE. YEAH. YEAH, THAT'S A GOOD QUESTION. I AND THAT AND THAT IS IN THE TITLE OF THE ORDINANCE. OKAY. THAT'S WHERE.

SO IT'S VERY CLEAR IN THE TITLE OF THE ORDINANCE THAT IT'S TO REMOVE A REFERENCE TO. IT IS VERY CLEAR, BUT WE USE THE WORD ADOPTING EARLIER AND IN THE TITLE OF THE ON THE AGENDA ORDINANCE AMENDMENT, ADOPTING THE SAME VERSION OF THE CODE. WE'RE NOT WE'RE NOT ADOPTING ANYTHING TONIGHT. WE'RE AMENDING OUR OWN CODE TO MAKE IT COMPLIANT. SO THAT'S WHERE I JUST GOT I THINK IT APPROVED THE ORDINANCE AMENDING THE ACTION. THE THE ACTION IS CORRECT. APPROVED TO DO. THAT'S ALL WE NEED TO DO. OKAY. IT'S JUST THIS TITLE. OH I SEE OKAY.

THE SUBJECT OF THE MEMO. YEAH. YEAH, I SEE IT. AND I JUST ALL ALONG HAD TO DO TWO THINGS.

OKAY, SO WITH THAT, DO WE HAVE THE MOTION YET? THAT PART WE DID. YEAH. OKAY. WE'RE JUST GOING TO GO. I JUST NEED TO DO THE READING OF THE. OH, WE NEED TO VOTE. OKAY. THANK YOU. I HAD

[02:55:04]

LARSEN. YES. RADFORD. AYE. MOTION CARRIES. THANK YOU. NOW, LET'S READ IT BY TITLE. THANK YOU. AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, AMENDING TITLE SEVEN, CHAPTER EIGHT, SECTION ONE OF THE IDAHO FALLS CITY CODE TO REMOVE A REFERENCE TO THE IDAHO ADMINISTRATIVE RULES WHICH HAS BEEN RESCINDED, PROVIDING SEVERABILITY, CODIFICATION, PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE. THANK YOU. ALL RIGHT. WE HAVE ONE MORE ITEM.

COMING. JUST ONE. YEAH. ONE MORE. I DON'T KNOW. WE HAVE. WE HAVE MORE. ONE MORE ITEM FROM

[5.D.3) Final Plat, Development Agreement, and Reasoned Statement of Relevant Criteria and Standards, River Hollow Division No. 2.]

YES. FRANCIS. DINGMAN. YES. BURTENSHAW. YES. MOTION CARRIES. ALL RIGHT. THE SECOND ONE. DO YOU ACCEPT OR APPROVE? PLAT? I MOVE THAT COUNCIL. ACCEPT OR APPROVE THE FINAL PLAT FOR RIVER HOLLOW DIVISION NUMBER TWO AND GIVE AUTHORIZATION FOR THE MAYOR, CITY ENGINEER AND CITY CLERK TO SIGN SAID FINAL PLAT. SECOND. EARNSHAW. YES. OH, I'M SORRY, MAYOR. I JUST WENT AHEAD AND START TAKING. OH, PLEASE. PLEASE DO. IT'S LATE. I'M ON AUTOPILOT. OKAY.

BURTENSHAW. YES. DINGMAN. YES. BRADFORD A. FREEMAN. YES. LARSON. YES. FRANCIS. AYE.

MOTION CARRIES. ALL RIGHT. VERY GOOD. WE HAVE A FINAL REASON. STATEMENT. MOTION. I MOVE THAT COUNCIL APPROVE THE REASON STATEMENT OF RELEVANT CRITERIA AND STANDARDS FOR THE FINAL PLAT FOR RIVER HOLLOW AND DIVISION NUMBER TWO. AND GIVE AUTHORIZATION FOR THE MAYOR TO EXECUTE THE NECESSARY DOCUMENTS. SECOND. ALL RIGHT. CITY CLERK, WILL YOU CLICK THIS VOTE? BURTENSHAW. YES. DINGMAN. YES. FRANCIS I. FREEMAN. YES. LARSON. YES. RADFORD. AYE. MOTION

[5.E.1) Written Findings and Conclusions Regarding Appeal by Alexander Kingsbury of Decision by the Idaho Falls Board of Adjustment]

COUNCILOR. YEAH, HE'S QUIET OVER THIS MEETING. THANK YOU, CITY ATTORNEY. JUST TO CLARIFY, CAN COUNCILOR RADFORD VOTE ON THIS OR SHOULD I JUST ABSTAIN? NO, IT WAS NOT. HE WAS NOT CORRECT. SO? SO HE CAN'T VOTE ON THE REASON STATEMENT? HE WASN'T ONE OF THE ONES. CORRECT? CORRECT. THANK YOU. SO SHE WON'T CALL YOUR NAME. ALL RIGHT. WILL YOU CONDUCT THE VOTE FOR THOSE WHO PARTICIPATED IN THE HEARING? LARSON. YES. DINGMAN. YES. FRANCIS A. FREEMAN. YES.

BURTENSHAW. YES. MOTION CARRIES AND I WILL SAY I DO NEED A SIGNATURE FROM EACH OF YOU THAT DID VOTE IN FAVOR JUST NOW. ALL RIGHT. THAT WOULD BE SMART TO COLLECT IT FOR ME. OKAY. WITH

[6. Announcements]

THERE'S A MPO POLICY BOARD MEETING NEXT WEEK. ALL THINGS WE'VE TALKED ABOUT TONIGHT. CAN I SAY ONE THING ABOUT THAT? WE DO HAVE A LOT OF ACTION ITEMS ON THAT MPO AGENDA POLICY

[03:00:02]

AND IF ANYBODY'S INTERESTED I'LL LET YOU KNOW WHEN THAT'S HAPPENING. AND THEN, OF COURSE, OUR SISTER CITY DELEGATION ARRIVED SAFELY YESTERDAY. THEY'RE HERE. THEY'VE ALREADY HAD A FULL DAY OF ACTIVITIES. TOMORROW IS CITY DAY, WHERE WE'LL BE SHOWING THEM TOURS, TAKING THEM ON TOURS OF OUR CITY. AND WE'LL START WITH A PICTURE ON THE STEPS OF CITY HALL. AND WE'LL MOVE IN HERE AND HAVE A BIT OF AN EXPLANATION OF SOME OF THE CHALLENGES AND PROJECTS THAT WE'RE WORKING ON, AND SHARING A LITTLE BIT ABOUT CITY GOVERNMENT TO CITY GOVERNMENT, BECAUSE WE DO HAVE AT LEAST ONE MEMBER OF THEIR COUNCIL HERE AND ANOTHER OFFICIAL FROM THEIR SEVERAL OFFICIALS FROM THEIR CITY THAT WERE HERE AS PART OF THAT DELEGATION. SO THAT'S HAPPENING, AND WE'LL BE BACK IN HERE FOR A WORK SESSION ON THE 20S. AND WITH THAT, I WILL TURN IT TO YOU IF YOU HAVE ANY ANNOUNCEMENTS. COUNCILOR RADFORD. SO REALLY FUN THINGS THIS WEEKEND. THE ZOO HAS THE MASQUERADE BALL, WHICH IS REALLY AMAZING. IF YOU AT THE ZOO AT NIGHT, AND THEN WE HAVE THE FREE SYMPHONY IN THE PARK AT FREEMAN PARK ON SATURDAY. AND THEN RIGHT AFTER THAT IS THE BLOCK PARTY DOWNTOWN FROM THE ARTS COUNCIL. SO LOTS OF COOL THINGS HAPPENING. AND I THINK THERE'S ALSO A MEXICO INDEPENDENCE DAY CELEBRATION AS WELL BY THE CHAMBER. AND THAT WILL BE HELD AT TETON TOYOTA FROM 5 P.M. TO 9 P.M. I BELIEVE. SO THAT'S GOING TO BE FULL OF FUN AND COLORFUL FOOD AND COLORFUL CELEBRATION. ALL RIGHT. ANYTHING ELSE? I DON'T KNOW, 8:00 TOMORROW IS THAT 8 A.M. ON CITY HALL STEPS FOR A PHOTO. AND THEN IT WILL BE IN HERE IN ABOUT 2020 TO 25 AFTER. AND THERE WILL BE A LIGHT BREAKFAST FOR THAT DELEGATION. OKAY. ALL RIGHT. SO WITH THAT, WE

* This transcript was compiled from uncorrected Closed Captioning.