[00:00:05]
WELCOME TO THE IDAHO FALLS CITY COUNCIL MEETING ON THIS ALMOST, ALMOST SNOWY EVENING. IT'S STILL KIND OF WET OUT THERE, BUT ON THURSDAY NIGHT HERE WE HAVE A NEW ADDITION TO THE ROOM.
AS MANY OF YOU KNOW, THESE MEETINGS ARE RECORDED AND THEY'RE ALSO BROADCAST LIVE.
AND SO WE CALL THAT LIVE, WHETHER STREAMED LIVE TO THE PUBLIC. THEY CAN BE LISTENED TO IN ENGLISH OR, OR THEY YOU CAN GET. FCC CLOSED CAPTIONING, CLOSED CAPTIONING IN SPANISH OR IN ENGLISH. SO YOU CAN READ THEM OR LISTEN TO THEM IN ENGLISH. AND THEY'RE NOT ONLY LIVE, BUT THEN AFTER THE MEETING, AFTER A TIME, I DON'T KNOW, A FEW HOURS. THEY ARE ALSO POSTED ON THE CITY'S WEBSITE. BUT ANYWAY, THIS THIS NOW LETS US KNOW WHEN THE CAMERAS ARE ON AND WHEN THE RECORDERS ARE ON PICKING UP SOUND. SO IF YOU ARE GOING TO SAY SOMETHING OUTRAGEOUS AND CRAZY, THAT'S GOING TO MAKE YOU LOOK, YOU KNOW, FUNNY TO YOUR NEIGHBORS, WAIT UNTIL THAT LIGHTS OFF AND THEN THE WHOLE WORLD WON'T HEAR IT. A LITTLE JOKE THERE. SOME OF YOU, SOME OF YOU SNICKERED. ALL RIGHT, SO WELCOME TO OUR MEETING. WE'RE GOING TO CALL THE MEETING TO ORDER, AND WE WILL NOTE, EVEN BEFORE THE ROLL IS CALLED, THAT WE HAVE SOME EMPTY CHAIRS ON THE DAIS. WE HAVE ONE COUNCIL MEMBER OUT SICK, AND WE HAVE TWO OUT SICK, ONE OF WHOM IS JOINING US VIRTUALLY. YOU'LL HEAR THEIR VOICE IN A MOMENT.
AND THEN WE HAVE ANOTHER WHO IS OUT WITH A FAMILY GRADUATION. AND THEY'RE ALSO TAKING TIME OUT, EVEN THOUGH THEY'RE ON TRAVEL, TO JOIN US VIRTUALLY. SO WE'LL ASK OUR CITY CLERK TO CALL THE ROLL AND GET THOSE VOICES OFFICIALLY ONLINE. THANK YOU. COUNCIL PRESIDENT BURTENSHAW PRESENT. COUNCIL. RADFORD. PRESENT. I'M NOTING THAT COUNCILOR DINGMAN IS ABSENT. COUNCILOR FREEMAN HERE, COUNCILOR FRANCIS HERE. COUNCILOR LARSON HERE. MAYOR, YOU HAVE A QUORUM. VERY GOOD. AND THE TWO COUNCILORS WHO ARE NOT HERE DO HAVE ACCESS TO THEIR AGENDAS AND OTHER MATERIALS THAT THEY WILL NEED FOR THE MEETING. AND SO THEY'RE GOING TO PARTICIPATE AS FULLY AS THE TECHNOLOGY WILL ALLOW. AND SO WITH THAT, IT IS OUR CUSTOM TO BEGIN OUR MEETINGS WITH THE PLEDGE OF ALLEGIANCE. AND TONIGHT I HAVE INVITED A FRIEND TO THE CITY, RICK DING, TO COME FORWARD AND LEAD US IN THE PLEDGE. IF YOU ARE INCLINED TO JOIN WITH US, PLEASE STAND. OUR FLAG IS UP HERE. 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. I SAY, GREAT GAME. HIS NAME IS RICK DALE.
WHEN I WAS IN COLLEGE, THERE WAS A GUY IN OUR GROUP CALLED DAME RICK DAME, AND I DON'T KNOW WHY I DID THAT BECAUSE IT'S BEEN A LOT OF YEARS SINCE I WAS IN COLLEGE. APOLOGIES, RICK. ALL RIGHT. SO THAT'S RICK DALEY FOR OUR RECORD KEEPER THERE. ALL RIGHT. AT THIS TIME WE HAVE I DIDN'T MENTION OUR AGENDA IS IT'S PROBABLY TWICE AS THICK AS THIS STACK HERE.
AND SO I HOPE NONE OF YOU RAN HOME AND PRINTED IT OFF KNOWING THAT YOU WERE GOING TO BE HERE TONIGHT. YOU CAN GET IT VIRTUALLY IF YOU CLICK ON THAT QR CODE THAT'S ON THE WALL OVER THERE, IT WILL SHOW UP ON YOUR PHONE. YOU CAN ALSO GET THE ABBREVIATED VERSION, WHICH JUST HAS ALL THE ACTIONS WE'RE GOING TO BE TAKING. AND THAT'S IN IN A TRAY ON THE WALL OUTSIDE THE DOOR IF YOU'D LIKE TO GET THAT. SO AS YOU'LL SEE LISTED, THE THIRD ITEM ON THE AGENDA IS PUBLIC COMMENT. AND THIS IS WHEN WE INVITE MEMBERS OF THE PUBLIC TO COME AND ADDRESS THE COUNCIL ON JUST ABOUT ANY TOPIC THEY WANT. THE ONLY THING WE WOULD ASK THEM NOT TO TALK ABOUT ARE THINGS THAT ARE ALREADY PART OF ANOTHER LEGAL PROCEEDING, OR A HEARING THAT WE'RE HAVING TONIGHT. SOMETHING ALONG THOSE LINES WOULDN'T BE APPROPRIATE, BUT JUST ABOUT ANYTHING ELSE IS APPROPRIATE IF ANYBODY WANTS TO ADDRESS THE COUNCIL. OKAY, I'M NOT SEEING ANYBODY RUSHING FORWARD. SO WE WILL MOVE FROM PUBLIC COMMENT AND MOVE ON TO A WHAT WE'RE
[4. Presentation of Mayor's Choice Awards]
LISTING AS THE PRESENTATION OF THE MAYOR'S CHOICE AWARDS. AND SO LET ME COME FORWARD TO THAT MIC THERE AND I'LL SHARE SOME MORE INSIGHT THERE. THANK YOU. GOOD. SO WE CREATED THE MAYOR'S AWARDS ABOUT SIX YEARS AGO. AND THEY ARE CITY LEVEL AWARDS CHOSEN BY THE MAYOR'S STAFF WITH INPUT FROM CITY COUNCIL MEMBERS AND ALSO DIRECTORS THAT WORK FOR THE CITY. AND FROM THE BEGINNING, THE GOAL HAS ALWAYS BEEN TO RECOGNIZE OUTSTANDING RESIDENTS, BUSINESSES,[00:05:04]
ORGANIZATIONS OR EFFORTS OF NOTABLE LOCALS WHO MADE A UNIQUE CONTRIBUTION TO THE CITY OF IDAHO FALLS. AND CHOOSING TO HONOR INVOLVES A LOT OF CAREFUL CONSIDERATION. WE TRY TO IDENTIFY PEOPLE WHO STOOD OUT IN THE PREVIOUS YEAR, AND THE AWARDS HAVE TYPICALLY BEEN PRESENTED AT THE FIRST COUNCIL MEETING OF THE YEAR, BUT THIS COMING JANUARY, WE HAVE A LOT OF OTHER BUSINESS TO CONDUCT, AND IT SEEMED LIKE WE WE DIDN'T WANT TO DISTRACT FROM THAT OPPORTUNITY. AND SO WE'RE GOING TO PRESENT THE AWARDS TONIGHT. AND WE THOUGHT THERE COULD BE MAYBE NO BETTER COMPLIMENT TO THE HOLIDAY SEASON THAN TO RECOGNIZE SOME OF THE OUTSTANDING INDIVIDUALS WHO WALK AMONG US. AND SO FIRST, TONIGHT. LET ME JUST START OFF.I'M NOT GOING TO JUST SAY THE NAME RIGHT OFF THE BAT. FROM A ROOKIE FRANCHISE TO CHAMPIONS IN JUST A FEW SHORT YEARS, THE IDAHO FALLS SPUD KINGS REPRESENT THE SPIRIT, AMBITION AND UNITY OF OUR COMMUNITY. FOUNDED IN 2022, THIS JUNIOR HOCKEY TEAM HAS ALREADY BECOME A SOURCE OF PRIDE FOR IDAHO FALLS, AND THE 2025 GREEN CUP VICTORY PROVES IT. AND IF YOU WERE AT THOSE GAMES IN APRIL 2025, THE SPUD KINGS DEFEATED THE SOUTH SHORE KINGS 2 TO 1 TO WIN THEIR FIRST EVER DINEEN CUP, THE CHAMPIONSHIP TROPHY OF THE NATIONAL COLLEGIATE DEVELOPMENT CONFERENCE. GOALIE. OKAY, THIS IS WHERE I DON'T SOUND LIKE A A SPORTSCASTER. GOALIE CHARLIE DURKIN PLAYED A STANDOUT ROLE, STOPPING 30 OF 31 SHOTS IN THE FINAL AND EARNING CHAMPIONSHIP SERIES MVP HONORS. THEIR ROAD LED TO THE TITLE OR TO THE TITLE, INCLUDED A DOMINANT SEASON AND AN INCREDIBLE PLAYOFF RUN THROUGH THE MOUNTAIN DIVISION. THE WIN WAS HISTORIC NOT JUST FOR THE TEAM, BUT ALSO FOR THE CITY. IDAHO FALLS LATER BECAME THE FIRST NON-EAST COAST CITY SELECTED TO HOST THE CUP CHAMPIONSHIPS, BECAUSE THEY AWARDED THE HOSTING OF PRIVILEGE TO US LAST YEAR AFTER OUR TEAM WON, AND THIS IS A RECOGNITION OF BOTH THE TEAM'S METEORIC RISE AND THE PASSIONATE SUPPORT THEY BUILT EASTERN IDAHO. WE WERE SELLING OUT A 4000 5000 SEAT ARENA. WHEN THEY CAN FILL SEATS BACK EAST, THEY'RE LIKE, YOU KNOW, ANOTHER HOCKEY GAME BACK EAST. TO US, IT'S RED MEAT. WE'RE EXCITED. SO WHEN THE TEAM RETURNED HOME AFTER ITS CHAMPIONSHIP CHAMPIONSHIP VICTORY, THE COMMUNITY CELEBRATED WITH AN OUTPOURING OF EXCITEMENT. A ROYAL WELCOME EVENT, FOOD TRUCKS, MUSIC AND PHOTOS. AND THE CITY DECLARED MAY 1ST AS IDAHO FALLS SPUD KINGS DAY. WAS ANYBODY IN THE ROOM THERE DID THAT CELEBRATION? IT WAS FUN AND THERE WAS AN EAGLE SOARING ABOVE US. ALL THAT HOT AIR PERFECT FOR THE EAGLE FLY ABOVE. IT WAS A GREAT DAY. SO ANYWAY, WHAT MAKES THIS ACHIEVEMENT EVEN MORE MEANINGFUL IS HOW QUICKLY THE KINGS HAVE GROWN INTO A TRUE COMMUNITY INSTITUTION. IN JUST THREE SEASONS, THEY'VE BUILT A CULTURE OF EXCELLENCE, RESILIENCE AND INCLUSIVITY. THEIR LEADERSHIP IS CONSISTENTLY CREDITED NOT ONLY THE PLAYERS, BUT THE ENTIRE ORGANIZATION, THE BILLET FAMILIES, STAFF AND FANS FOR HELPING PUT IDAHO FALLS ON THE NATIONAL HOCKEY MAP. THEY ALSO REQUIRE THEIR TEAM MEMBERS TO CARE ABOUT THE COMMUNITY THAT THEY'RE IN, AND THE TEAM MEMBERS OFTEN PERFORM ACTS OF COMMUNITY SERVICE. THEY MAKE CHAMPIONSHIP HOCKEY FEEL ACCESSIBLE AND THRILLING FOR OUR RESIDENTS. THEY'VE TURNED GAMES AT THE MOUNTAIN AMERICA CENTER INTO ELECTRIC, HIGH ENERGY EXPERIENCES, AND WE HAVE THOUSANDS OF FANS WHO FILL THE SEATS. THEIR SUCCESS NOW OPENS DOORS FOR EVEN GREATER OPPORTUNITIES AHEAD, INCLUDING AN AUTOMATIC BERTH FOR THE 2026.
SO NOT ONLY DO WE GET TO HOST IT FOR AN AUTOMATIC, AND THAT GIVES US A CHANCE TO WIN IT AGAIN, AND THAT WOULD BE THAT WOULD BE THRILLING. SO FOR ALL OF THIS, FOR RAISING THE BAR, FOR BRINGING PEOPLE TOGETHER, FOR ACCOMPLISHING SOMETHING TRULY SPECIAL, IT'S MY HONOR TO PRESENT THE MAYOR'S CHOICE AWARD FOR OUTSTANDING COMMUNITY SPIRIT TO THE IDAHO FALLS VIKINGS. AND HERE TO REPRESENT THEM TONIGHT IS KEVIN GREEN. AND KEVIN. YOU WEAR SO MANY TITLES I DIDN'T PAY ATTENTION TO. YOU ARE THE TEAM OWNER, MINORITY OWNER, PRESIDENT, PRESIDENT. THERE WE GO. PRESIDENT OF THE TEAM AND ONE OF THE OWNERS. PLEASE COME FORWARD. WE HAVE MORE. I'LL GIVE YOU 10S. OH, ABSOLUTELY NO MORE. THANK YOU SO MUCH, MAYOR.
AND THANK EVERYONE HERE FOR YOUR TREMENDOUS SUPPORT. IT'S BEEN AN INCREDIBLE SHORT RUN.
THIS IS ONLY OUR FOURTH SEASON. WE SELL OUT PRETTY MUCH EVERY GAME. IT'S JUST INCREDIBLE THE AMOUNT OF SUPPORT I NEVER WOULD HAVE EXPECTED MYSELF. BUT PLEASE COME OUT AND AND CHECK OUT SPUD KINGS HOCKEY WHENEVER YOU GET A CHANCE. AND CHECKERS BASEBALL TOO THROUGHOUT THE SUMMER. BUT THANKS AGAIN AND MERRY CHRISTMAS TO EVERYONE. AGAIN TONIGHT. IS THAT RIGHT?
[00:10:01]
THERE'S A GAME GOING ON RIGHT NOW AS WE SPEAK, AND TOMORROW AND SATURDAY. OKAY, WELL, MR. GREEN IS GOING TO HAVE TO LEAVE AS TEAM PRESIDENT. OWNER. THANK YOU. HE HAS TO LEAVE. SO THANK YOU. YOU WILL MISS THE GROUP PHOTO AT THE END. I'M SORRY. YEAH. THANK YOU. ALL RIGHT. I'M GOING TO KEEP GOING. WE DO HAVE A LOT OF AWARDS TONIGHT BECAUSE I. I CRAMMED THEM ALL IN EVERYTHING I COULDN'T THINK OF IN YEARS PAST AND THAT I KNOW I WILL REGRET NOT DOING THEM ALL.AND SO I'M SORRY. NO LONG SPEECHES. YOU GET LESS TIME THAN YOU GOT 10S. IF YOU WANT TO STEP UP TO THE MIC. BUT HERE WE GO. NEXT ONE. THERE ARE A FEW THINGS THAT I PERSONALLY AM MORE PASSIONATE ABOUT PASSIONATE ABOUT THAN EDUCATION. IT OPENS DOORS, IT CHANGES LIVES, AND IT MAKES THE SEEMINGLY IMPOSSIBLE POSSIBLE. IT ALLOWS US TO ACHIEVE MORE THAN WE MIGHT HAVE EVER DREAMED. SINCE ITS INCEPTION IN 2006, THE MAYOR'S SCHOLARSHIP FUND HAS INSPIRED HUNDREDS OF STUDENTS IN IDAHO FALLS TO PURSUE EDUCATION. IDAHO FALLS ENDOWMENT TO PURSUE EDUCATIONAL OPPORTUNITIES BEYOND HIGH SCHOOL. THE PROGRAM IS SPECIFICALLY DESIGNED FOR STRIVERS, THE STUDENTS WHO ARE OFTEN OVERLOOKED SCHOLARSHIPS BECAUSE THEY DON'T HAVE THAT 4.0 GPA, OR THE ONES WHO MISS OUT ON FINANCIAL ASSISTANCE BECAUSE THEIR FAMILY BALANCE SHEET DOESN'T MEET THE GOVERNMENT'S METRIC OR NEED.
ORGANIZERS SAY THAT ONE OF THE BEST PARTS ABOUT BEING INVOLVED IN THE PROGRAM IS SEEING THE REACTION OF STUDENTS WHO LEARN THAT THEY'RE RECEIVING A SCHOLARSHIP. THESE ARE YOUTHS WHO OFTEN WATCH THEIR CLASSMATES OR THEIR SIBLINGS RECEIVE ACCOLADES AND SPECIAL AWARDS, BUT MANY WHO COME TO BELIEVE THAT THEY AREN'T SCHOLARSHIP WORTHY BECAUSE THEY DON'T HAVE THAT PERFECT GPA. OR MAYBE THEY'RE THE STUDENTS WHO WORK QUIETLY BEHIND THE SCENES.
THEY'RE STUDENTS WHO HAVE MAYBE LEARNED TO WORK, BUT THEY WORK QUIETLY BEHIND THE SCENES TO OVERCOME MAYBE SIGNIFICANT PERSONAL CHALLENGES. I'VE BEEN A READER FOR THAT SCHOLARSHIP PROGRAM JUST ABOUT FOR EVERY YEAR THAT WE'VE DONE IT, AND HE WOULD BE BLOWN AWAY BY SOME OF THE CHALLENGES THAT THESE YOUNG PEOPLE HAVE FACED IN THEIR HOME LIVES, IN THEIR PERSONAL LIVES, WITH THEIR HEALTH OR WITH THEIR SOCIETY, WITH THEIR SOCIAL, I GUESS, NETWORK. AND THEY HAVE OVERCOME SIGNIFICANT CHALLENGES, AND THEY WORK TO MAKE A POSITIVE IMPACT ON THEIR COMMUNITY IN SMALL, SIMPLE, BUT SOMETIMES VERY PROFOUND WAYS. SINCE THE PROGRAM WAS LAUNCHED BY A SMALL GROUP OF VOLUNTEERS AND AND WE WERE SUPPORTED BY MAYOR JARED FUHRMAN, THE MAYOR'S SCHOLARSHIP FUND HAS AWARDED NEARLY A MILLION LOCAL DOLLARS, LOCAL, LOCALLY RAISED DOLLARS. BUSINESSES AND INDIVIDUALS FROM RIGHT HERE IN EASTERN IDAHO TO SOMEWHERE WE'VE AWARDED THOSE DOLLARS TO SOMEWHERE AROUND 800 STUDENTS IN IDAHO FALLS SCHOOL DISTRICT 91 AND BONNEVILLE SCHOOL DISTRICT 93. THE AWARDS INCLUDE PROMISE SCHOLARSHIPS, MEANT TO INSPIRE STUDENTS IN GRADES EIGHT THROUGH 11. HOW MANY AWARDS PROGRAMS GIVE SCHOLARSHIPS TO EIGHTH, NINTH, 10TH, AND 11TH GRADERS? IT'S GREAT. AND THEY'RE THE AWARD IS CONDITIONED UPON THEM DOING SOMETHING VERY CONCRETE TO STAY ON THE COLLEGE BOUND PATH. AND THERE'S ALSO THE SENIOR AWARD INTENDED FOR GRADUATING SENIORS. THESE SCHOLARSHIPS CAN NOT ONLY BE USED AT EDUCATIONAL INSTITUTIONS IN IDAHO, AND THAT'S MEANT TO ENCOURAGE STUDENTS TO STAY RIGHT HERE AND PURSUE THEIR DREAMS IN THE GEM STATE. BUT OVER THE PAST 20 YEARS, THE AND OVER TIME, THE PROGRAM HAS EVOLVED AND EXPANDED TO ALLOW SCHOLARSHIP FUNDS TO BE USED AT ALL POST-SECONDARY HIGHER EDUCATIONAL OPPORTUNITIES.
UNIVERSITIES, COMMUNITY COLLEGES, AND OTHER REPUTABLE WORKFORCE TRAINING PATHS. SO IT USED TO JUST BE GO TO COLLEGE AND YOU GET THIS, BUT NOW IT'S GET YOUR HIGHER ED CREDENTIALS AND WE'VE GOT YOU. THE AWARDS ARE OFTEN AS MUCH A LIFELINE AS THEY ARE A MEANS OF FINANCING HIGHER ED. IT'S CLEAR FROM THE CALIBER OF THE RECIPIENTS. THESE SCHOLARSHIPS ARE OFTEN LIFE CHANGING AS THEY TRANSFORM THE WAY STUDENTS PERCEIVE THEMSELVES AND THINK ABOUT THEIR FUTURE. THE PROGRAM HAS EVOLVED OVER THE YEARS, BUT THE SCHOLARSHIP FUND HAS ALWAYS TRIED TO MAKE EACH STUDENT FEEL SPECIAL. THEIR HOPE. THE HOPE IS THAT MEETING THEIR MAYORS, BY THE WAY, IN 2020, WELL, EIGHT YEARS AGO WE EXPANDED THE PROGRAM TO INCLUDE. IDAHO FALLS.
AND SO THERE ARE PLENTY. AND I HAVE HAD THE HONOR OF HELPING TO AWARD THESE SCHOLARSHIPS.
BUT THE HOPE IS THAT MEETING THEIR MAYORS AND EXPERIENCING WHAT IT'S LIKE TO HAVE THE WHOLE COMMUNITY CHEER FOR THEM AND EXPRESS BELIEF IN THEIR POTENTIAL, WILL HAVE A LASTING IMPACT ON THESE REMARKABLE YOUNG PEOPLE. AND I GUESS I KNOW FROM PERSONAL EXPERIENCE, THE MOMENT ONE STARTS TO BELIEVE THAT THEIR LIVES ARE GOING TO CHANGE FOR THE BETTER, OR THAT DOORS WILL BE OPEN TO THEM, OR THAT ONCE WHAT ONCE SEEMED IMPOSSIBLE IS GOING TO BE POSSIBLE, MAYBE BECAUSE OF A FEW DOLLARS THAT YOU'RE GETTING. WE DON'T GET ENOUGH TO PAY THE
[00:15:03]
WHOLE DARN BILL. MOST OF THESE STUDENTS STILL WORK HARD TO MAKE UP THE DIFFERENCE, BUT WHAT MOTIVATES THEM AND ENERGIZES THEM IS THAT THERE IS THIS THIS COMMUNITY WIDE BELIEF THAT THEY CAN DO IT. SO ANYWAY, THAT'S THE THE MAGIC OF THIS SCHOLARSHIP. SO I'M HONORED TONIGHT TO RECOGNIZE AND IT MAY SEEM SELFISH BECAUSE I'VE BEEN A PART OF IT, BUT I GUESS I DON'T CARE. IT'S JUST THAT WORTHY. SO I'M GOING TO RECOGNIZE THE MAYOR'S SCHOLARSHIP FUND, AND I'D LIKE TO PRESENT EXECUTIVE DIRECTOR LESLIE PINCOCK WITH THE MAYOR'S CHOICE AWARD FOR OUTSTANDING COMMUNITY EDUCATION. THE LAST THING ANYBODY WANTS TO DO IS HAND ME AN OPEN MIC. VERY RISKY BUSINESS. BUT AS MAYOR CASPER SAID, WE ARE ENTIRELY FUNDED BY LOCAL DOLLARS. AND SO IF YOU HAND ME A MICROPHONE, I'M GOING TO ASK YOU FOR MONEY. AND THAT IS PROBABLY MY BIGGEST PUSH ALL OF THE TIME, IS THAT WE NEED THOSE DOLLARS TO GO TO THESE KIDS. SO IF YOU HAVE THE MEANS AND THE WAYS, PLEASE CONTACT US BECAUSE WE LOVE THE INVOLVEMENT OF THE LOCAL COMMUNITY. THANK YOU, THANK YOU. TONIGHT WE RECOGNIZE AN EFFORT THAT IS QUIETLY AND CONSISTENTLY MADE OR MADE EASTERN IDAHO SAFER, STRONGER, AND BETTER PREPARED FOR THE FUTURE. I BELIEVE THE WORK THEY'RE DOING IS ONE OF THE UNSUNG ANTHEMS OF THE FIRST QUARTER OF THE 21ST CENTURY. AS A NATION, WE CALL IT CLEAN UP WORK, AND THAT MAY GIVE YOU SOME INDICATION OF HOW GLAMOROUS THE WORK IS AT WORK. BUT WE PASS IT OFF TO HIGHLY SPECIALIZED, HIGHLY SPECIALIZED WORKFORCE VIA A GOVERNMENT CONTRACT. IN IDAHO, THE CLEANUP WORK HAS BEEN DONE BY A SERIES OF CONTRACTORS WHO USED THE VERY BEST SCIENCE AND BEST PRACTICES THAT ARE AVAILABLE. IT'S IMPORTANT TO NOTE THAT THE VAST MAJORITY OF THE WASTE THAT THEY CLEAN UP IS NOT PROVIDED. IT IS SHIPPED HERE FOR STORAGE FROM WHERE IT WAS GENERATED DURING THE EARLY THE EARLY YEARS OF OUR NATION'S NUCLEAR DEFENSE PROGRAMS. THOSE PROGRAMS WERE SET UP FOR WORLD WAR TWO, AND THEY WERE SET UP AND WERE STRENGTHENED DURING THE COLD WAR. ALL AMERICANS HAVE. THAT'S PART OF OUR OUR HISTORY. AND AND SO THIS IMPORTANT WORK IS NATIONAL LEVEL WORK, EVEN THOUGH IT'S IDAHO GEOGRAPHY. BUT IT INVOLVES IDENTIFYING A WIDE VARIETY OF RADIOACTIVE AND HAZARDOUS WASTES AND TREATING PACKAGING OR MANAGING THEM UNTIL THEY'RE SHIPPED OUT OF IDAHO OR RENDERED SAFELY STORED.THE CURRENT CONTRACTOR FOR THE IDAHO CLEANUP PROJECT IS THE IDAHO ENVIRONMENTAL COALITION.
WE CALL IT IEC, AND IEC IS A JOINT VENTURE OF AMENTUM AND THE NORTH END NORTH WIND PORTAGE. IEC HAS TAKEN ON SOME OF THE MOST CHALLENGING ENVIRONMENTAL CLEANUP WORK IN THE NATION, AND THERE'S A WIDE VARIETY OF IT, SO THAT'S PART OF WHAT MAKES IT CHALLENGING.
IT'S NOT LIKE YOU JUST HAVE ONE THING THAT YOU HAVE TO DO. THEY HAVE, YOU KNOW, A LIST OF TENS AND I DON'T KNOW HOW MANY THINGS, BUT A LOT. SO ANYWAY, THE IMPORTANT WORK HAS BEEN DONE WITH SKILL, INTEGRITY AND DEEP RESPECT FOR THE COMMUNITY THAT THEY SERVE. I HAVE BEEN OUT THERE ABOUT TO JUST BE OBSERVER TO EVENTS THAT HONOR THAT WORKFORCE AND THE WORKFORCE, THAT THOSE WHO DO THIS WORK ARE THEIR TRUE BLUE EASTERN IDAHOANS WHO CARE ABOUT DOING A GOOD JOB BECAUSE THEY LIVE HERE AND THEIR FAMILIES LIVE HERE. THEY HAVE TRAINED THE IEC, HAS HELPED TO TRAIN AND PROVIDE AN EXCELLENT CAREER PATH TO HUNDREDS, IF NOT THOUSANDS OF IDAHOANS. SINCE BEGINNING WORK ON THE DEPARTMENT OF ENERGY'S IDAHO CLEANUP PROJECT IN OCTOBER OF 2021, IEC IN PARTICULAR HAS DELIVERED RESULTS THAT TRULY MATTER. THEY HAVE SAFELY TREATED ONE THIRD OR 300 GALLONS OF THE IDAHO NATIONAL LABORATORY'S LEGACY LIQUID RADIOACTIVE WASTE AT WHAT PEOPLE CALL THE WTU, THE INTEGRATED WASTE TREATMENT UNIT. THEY LEAD THE ENTIRE DOE COMPLEX IN SHIPMENTS OF TRANSURANIC WASTE, COMPLETING MORE THAN 1100 SHIPMENTS OUT OF IDAHO SINCE 2022 FOR PERMANENT DISPOSAL IN NEW MEXICO'S WASTE ISOLATION PILOT PLANT. THAT'S 70% OF ALL THE WASTE RECEIVED AT THAT PLANT IS COMING FROM IDAHO. OVER THE PAST HANDFUL OF YEARS, THEY ALSO COMPLETED THE MASSIVE CLEANUP OF THE INL'S SUBSURFACE DISPOSAL AREA AHEAD OF SCHEDULE. THAT'S JUST A PLACE WHERE WASTE HAD BEEN PUT INTO THE GROUND, AND THEY HAD TO TO CLEAN THAT UP AND REMEDIATE NOT ONLY THE WASTE BUT THE SOIL, THAT THEY DIDN'T HAVE TO JUST TREAT THE WASTE,
[00:20:01]
BUT ALSO THE SOIL. AND THAT WAS DONE IN A WAY THAT WOULD MAKE ANY ENGINEER IN THIS ROOM BLUSH IN TERMS OF HOW WELL IT WAS DONE. BUT AGAIN, IT WAS DONE AHEAD OF SCHEDULE, AND THEY SHARED 90% OF THAT OUT OF IDAHO. ALREADY, IEC HAS STRENGTHENED LONG TERM STORAGE OF SPENT NUCLEAR FUEL AND COMPLETED MAJOR MILESTONES IN THE PROJECT, SUCH AS THE DEMOLITION OF THE NAVAL REACTORS FACILITY, THEIR HISTORIC S1 W PROTOTYPE. WE CELEBRATED THAT AS A COMMUNITY TWO YEARS AGO AND BROUGHT IN MAYBE NUKES FROM ALL OVER THE COUNTRY, AND WE HAD A CELEBRATION AT THE COLONIAL AS THAT WAS BEING TORN DOWN. THERE WAS A WHOLE HISTORY ASSOCIATED WITH OUR NAVAL NUCLEAR SUBMARINES IN THIS COUNTRY THAT HAPPENED AND STARTED HERE IN EASTERN IDAHO. AND THEN WHEN IT HAD TO BE TORN DOWN, IT WAS IEC THAT TOOK ON THAT JOB BECAUSE IT NEEDED TO BE DONE SAFELY. THE SORRY, IEC ALSO IS AN INVESTED COMMUNITY NEIGHBOR OR PARTNER. THEY SUPPORT LOCAL NON-PROFITS LIKE THE MAYOR'S SCHOLARSHIP FUND. THEY SERVE ON COMMUNITY, THEIR MEMBERS OR EMPLOYEES SERVE OUR COMMUNITY BOARDS AND CONTRIBUTE MORE THAN 17,500 VOLUNTEER HOURS IN THIS YEAR ALONE. AND THROUGH ITS COMMUNITY GIVING PROGRAM, THE COMPANY HAS INVESTED IN HEALTH, EDUCATION, WORKFORCE TRAINING AND QUALITY OF LIFE ACROSS THE REGION. THERE WAS ONE YEAR WHEN THE PROJECT INVESTED IN OUR ZOO AND EDUCATIONAL PROGRAMS AT OUR ZOO. PERHAPS MOST IMPORTANT WORK IS CONTRIBUTING TO A BRIGHTER FUTURE FOR IDAHO NATIONAL LABORATORY. THIS PAST APRIL, THE STATE OF IDAHO AND THE US DEPARTMENT OF ENERGY AGREED TO A WAIVER OF THE 1995 SETTLEMENT AGREEMENT, AND BECAUSE OF THE CLEANUP PERFORMED BY IEC EMPLOYEES, SPECIFICALLY THAT INTEGRATED WASTE TREATMENT UNIT WE TALKED ABOUT A FEW MINUTES AGO AND THEIR SUCCESSFUL TRANSFER OF WET STORAGE TO DRY STORAGE.THEY, THE STATE OF IDAHO, FELT COMFORTABLE ENOUGH TO AGREE TO A WAIVER OF THE SETTLEMENT AGREEMENT THAT WOULD ALLOW DOE TO BRING IN SMALL QUANTITIES OF RESEARCH REACTOR, EXCUSE ME? RESEARCH REACTOR FUEL THAT COULD BE USED FOR FURTHER RESEARCH AT THE SITE, THOUGH JUST A SMALL QUANTITY OF THAT RESEARCH TOOL ALLOWS FOR A LOT OF LEARNING TO TAKE PLACE, AND IT REPRESENTS A FEW, WELL, HUNDREDS OF THOUSANDS, IF NOT MILLIONS OF DOLLARS OF RESEARCH WORK THAT'S EITHER COMES TO IDAHO OR STAYS IN IDAHO. BUT STATE FELT COMFORTABLE DOING THAT. IF I HADN'T GIVEN THAT, GIVEN THAT THAT LEVEL OF COMFORT THROUGH THEIR EXCELLENT WORK. SO I'M BLABBING. BUT I GUESS I JUST WANT TO SAY THIS IS TANGIBLE, REAL PROGRESS, NO MATTER WHAT YOU MAY READ IN THE PAPER OR HEAR FROM SOMEBODY WHO'S NERVOUS AND THEY TAKE TO SOCIAL MEDIA TO SHARE THEIR THEIR NERVOUS THOUGHTS, REAL QUALITY, SOLID SCIENTIFIC WORK WITH A SEAL OF APPROVAL OF EXCELLENCE IS DONE OUT THERE. AND THAT'S WHY IEC IS BEING RECOGNIZED TONIGHT WITH THE MAYOR'S CHOICE AWARD FOR OUTSTANDING COMMUNITY CONTRIBUTION. AND REPRESENTING THEM TONIGHT IS ONE OF THEIR PRINCIPALS. DANA KIRKHAM, A RESIDENT AND FORMER MAYOR IN THIS COMMUNITY. WHO KNOWS HOW IMPORTANT IT IS THAT THIS WORK BE DONE WELL ON BEHALF OF EASTERN IDAHO. SO THANK YOU FOR COMING. THANK YOU, MAYOR, FOR THIS RECOGNITION OF OUR IMPORTANT WORK. AND ON BEHALF OF THE OVER 1800 EMPLOYEES THAT WORK OUT THERE, THANK YOU FOR THE PRIVILEGE TO SERVE YOU. AT THE END. ALL RIGHT. I WANTED EVERYBODY TO KNOW WHAT GOOD STUFF HAPPENS. ALL RIGHT. IF SOMETHING BIG HAPPENS IN IDAHO FALLS, THERE'S A GOOD CHANCE THAT THIS ONE MAN WAS INVOLVED. AN ATTORNEY AND AVID OUTDOORSMAN, STEVE TAGGART IS A DOER, NOT A BIG, LOUD DOER, BUT A BEHIND THE SCENES IN MAKING THINGS HAPPEN KIND OF A DOER. A PROMINENT IDAHO FALLS ATTORNEY AND PARTNER AT OLSON TAGGART, STEVE SPECIALIZES IN BANKRUPTCY AND REAL ESTATE AND COMMERCIAL LAW. FORMERLY A DESIGNATED BROKER FOR A LARGE LOCAL AGENCY, STEVE HAS TAUGHT REAL ESTATE CLASSES ACROSS IDAHO, IMPACTING THE LIVES OF HUNDREDS, IF NOT THOUSANDS OF REAL ESTATE AGENTS. I HAVE HEARD SO MANY PEOPLE SAY, OH, I TOOK YOUR CLASS WHEN THEY FIRST MEET HIM. HE IS DEFINITELY MAYBE HAD MORE IMPACT AS A TEACHER THAN EVEN AS AN ATTORNEY. BUT BEHIND THE SCENES, STEVE TAGGART IS KNOWN FOR HIS LOCAL COMMUNITY INVOLVEMENT WITH THE BACKGROUND. THAT INCLUDES WORKING IN WASHINGTON, DC AND A STRONG CONNECTION TO THE REGION. FROM HIS UPBRINGING IN IDAHO FALLS,
[00:25:02]
STEVE HAS HELD PUBLIC SERVANTS, POLITICAL CANDIDATES AND COMMUNITY LEADERS FIND THEIR VOICE. HE'S BEEN THE SECRET SAUCE BEHIND SEVERAL SUCCESSFUL ENDEAVORS BY HELPING TO FRAME ISSUES AND OPPORTUNITIES IN A WAY THAT THE PUBLIC UNDERSTANDS. WHEN WE WERE PUTTING TOGETHER THE. I'LL SHARE THIS STORY FOR ONE SECOND, I'LL GO ON TO KEEP READING FOR A SECOND. HIS COMBINATION OF EMPATHY AND INTELLIGENCE ALIGNS AND BECOMES STRATEGIC THINKING. HE'S GOT A REALLY, REALLY INTERESTING BRAIN THAT MAKES CONNECTIONS THAT OTHER PEOPLE WOULDN'T MAKE.HE WAS INSTRUMENTAL IN THE MESSAGING BEHIND THE CREATION OF A COMMUNITY COLLEGE DISTRICT TO CONVERT EASTERN IDAHO TECHNICAL COLLEGE INTO THE COLLEGE OF EASTERN IDAHO. HIS CAMPAIGN PLAN AND STRATEGY ARE A KEY REASON WHY WE HAVE CEI TODAY. AT ONE POINT, I WAS CALLED TO A MEETING WITH THE COLLEGE OF SOUTHERN IDAHO AND WHO THEY WERE ALL IN ON HAVING A COLLEGE OF EASTERN IDAHO BE CREATED, AND THEY WERE WILLING TO SHARE THEIR CREDENTIALS WHILE WE PUT TOGETHER THE DEAL TO TO TRY TO MAKE THIS HAPPEN AND TO CREATE A CAMPAIGN FOR VOTERS TO TO EXPRESS THEIR SUPPORT. AND I LEARNED WHEN I GOT THERE THAT MR. TAGGART HAD BEEN THE ONE TO PULL THAT MEETING TOGETHER. AND HE BROUGHT IN FOLKS FROM THE COLLEGE OF WESTERN IDAHO TO SHARE THE STORY OF HOW THEY HAD SUCCESSFULLY CREATED THAT COLLEGE IN THAT COMMUNITY COLLEGE IN BOISE. AND AND NOT ONLY DID THEY CREATE IT, BUT THEY GOT THE GOVERNOR'S ENTHUSIASTIC SUPPORT, AND THEY WERE ABLE TO TELL US HOW WE COULD GET THE GOVERNOR'S SUPPORT FOR THIS ENDEAVOR AS WELL. BUT ONE OTHER QUICK STORY.
HE WAS ABLE TO SPEAK AT A CONNECTIONS THAT OTHER PEOPLE WOULDN'T MAKE. WE WERE TRYING TO FIGURE OUT OR THE GROUP THAT WAS PUTTING THIS ON, PUTTING THIS CAMPAIGN TOGETHER. HOW MUCH SHOULD THAT LEVY RATE BE SET? NOBODY LIKES TAXES. WE WANT TO HAVE A LOW LEVY RATE.
HOW DO WE SET THAT? AND ONE OF THE THINGS THAT MR. TAGGART NOTICED WAS WHAT WE ASKED FOR WAS ROUGHLY A QUARTER OF WHAT WE PAY TO TAKE OUT THE TRASH IN EASTERN IDAHO AND SEND THE SOLID WASTE TO THE WHAT IS IT CALLED, THE PIT UP ON THE HILL. I FORGOT WHAT THE NAME OF IT.
YEAH, THE AVERAGE TRANSFER STATION UP ON THE HILL. YEAH, OKAY. BUT ANYWAY, THEY SET THE LEVY RATE AT ONE QUARTER OF THAT. HOW COULD SOMEBODY VOTE ENTHUSIASTICALLY TO SEND TRASH TO A LANDFILL, BUT NOT TO PAY ONE QUARTER OF THAT AMOUNT, JUST TO SEND IT TO PROVIDE EDUCATIONAL OPPORTUNITIES AND EMPLOYMENT OPPORTUNITIES FOR PEOPLE. SO ONCE YOU PUT THAT TOGETHER, THERE WAS A REALLY GREAT TALKING POINT. ANYWAY, HE'S ALSO ONE WHO HELPED OUR OWN CITY. COUNCILMEMBER MICHELLE DINGMAN REORGANIZED THE FINANCIAL STRUCTURE OF TRIPTA, WHICH WAS A FAILING. TRANSPORTATION AUTHORITY THAT HAD PROBLEMS FINANCIALLY AND.
HELPED REORGANIZE THAT AND RECREATE A GIFT. GREATER IDAHO FALLS TRANSIT. AND IT'S ALSO KNOWN AS GIFT ON DEMAND. AND SO WITHOUT HIS ASSISTANCE, WE MIGHT HAVE NEVER BEEN ABLE TO FOUND GIFT AND CLOSE DOWN CRYPTO. HE PROVIDES RELENTLESS ATTENTION TO THINGS THAT GO UNNOTICED. HE FINDS PATTERNS AND MEANINGS AND THINGS THAT ARE HIDING IN PLAIN SIGHT TO REVEAL TRUTHS. HE USES THIS KNOWLEDGE TO HELP THOSE WHO WANT TO MAKE A DIFFERENCE. HE ALWAYS VOLUNTEERS IN THESE ROLES, AND HE SPENT COUNTLESS HOURS WORKING IN TEAMS AND ONE ON ONE WITH INDIVIDUALS WHO ALSO WANT TO MAKE A POSITIVE IMPACT. ONE OF THE THINGS THAT MAKES HIM SPECIAL IS THAT HE NEVER WANTS THE CREDIT FOR ANY OF HIS HARD WORK. HE STAYS OUT OF THE LIMELIGHT AND ALWAYS ATTRIBUTES SUCCESS TO THE ENTIRE TEAM. HE STAYS ENGAGED WITH LOCAL, STATE, AND FEDERAL ISSUES AND HE CARES DEEPLY ABOUT RESPONSIBILITY. OUR RESPONSIBILITY AS CITIZENS. AND IT'S PROBABLY A LITTLE BIT MISERABLE RIGHT NOW. HIS FAMILY IS INCREDIBLY IMPORTANT TO HIM. THEY'RE RELUCTANT TO SAY ANYTHING. HE'S RELUCTANT TO SAY ANYTHING ABOUT HIMSELF OR TO TALK ABOUT HIS ACCOMPLISHMENTS. BUT HE'LL GLADLY BRAG ABOUT HIS WIFE, BONNIE, WHO ALSO SERVES ON A CITY COMMITTEE. IN FACT, MANY OF THE THINGS THAT ARE HAPPENING IN THE FRONTIER CENTER SHE'S BEEN A PART OF, AND HE HAS FOUR ADULT CHILDREN WHO ALSO MANAGED TO ACCOMPLISH SOME GREAT THINGS. AND HE'S ALSO VERY PROUD OF THE POSITIVE IMPACT HIS PARENTS HAVE HAD ON IDAHO FALLS. THEY ARE INDIVIDUALS WHO ALWAYS HELP THEIR NEIGHBORS, AND THEY BRING A POSITIVE SPIRIT WHEREVER THEY GO. WELL, WHEN HE'S NOT BUSY HELPING SOMEONE, YOU'LL PROBABLY FIND HIM OUTDOORS, WHERE HE'S AN AVID FLY FISHER AND MOUNTAIN BIKE RIDER. BUT TONIGHT HE'S HERE WITH US, AND I'M REALLY PLEASED TO PRESENT HIM WITH THE MAYOR'S CHOICE FLYING UNDER THE RADAR AWARD. WELL, THE MAYOR WAS RIGHT ABOUT.
ONE THING IS THINGS ARE DONE BY GROUPS, NOT BY INDIVIDUALS. AND THE REALITY IS THAT THE CROWD HAS BEEN INVOLVED IN WITH THE SIPS. THAT WAS IT'S JUST SUCH AN INCREDIBLE ACHIEVEMENT OF
[00:30:02]
ANY OF, YOU KNOW, CARRIE, SHE DID ONE THING. SHE ASKED. SHE ASKED IF I WOULD STEP INTO THE FINANCE COMMITTEE. AND SO I JUST STARTED ON THAT, AND I REALLY AM ENJOYING THAT EXPERIENCE. BUT THE COLLEGE IS A LEGACY OF MANY PEOPLE IN THIS ROOM, AND IT'S JUST AN INCREDIBLE ADDITION TO OUR COMMUNITY. THANK YOU SO MUCH. THANK YOU. ALL RIGHT, HERE WE GO. THE IDAHO FALLS FARMERS MARKET IS MORE THAN JUST A SATURDAY GATHERING PLACE. IT BRINGS PEOPLE TOGETHER AND STRENGTHENS THE FABRIC OF OUR COMMUNITY. WITH OVER 130 LOCAL VENDORS EACH WEEK DURING THE MAY TO OCTOBER SEASON, THE MARKET SHOWCASES FARMERS, ARTISANS, FOOD PRODUCERS AND COMMUNITY MEMBERS IN A CELEBRATION OF LOCAL TALENT AND TOGETHERNESS. YOU NOTICE THAT IT HAS TRANSFORMED OVER THE PAST SEVERAL YEARS FROM BEING ACROSS THE STREET NOW TAKING UP MEMORIAL DRIVE. IT'S GOTTEN BIGGER AND BETTER. I THINK IN 2025 ALONE, THE MARKET EXPANDED TO 173 VENDORS AND DREW BETWEEN 8000 AND 9000 VISITORS ON A TYPICAL SATURDAY, WITH SOME PEAK WEEKS SEEING AS MANY AS 12,000 PEOPLE WALKING INTO THE WATERFRONT. OVER THE PAST FOUR YEARS, THE IDAHO FALLS FARMERS MARKET HAS GENERATED OVER $6 MILLION IN LOCAL SALES, PROVIDING MEANINGFUL ECONOMIC IMPACT FOR LOCAL FARMERS, MAKERS AND SMALL BUSINESSES THROUGHOUT THE REGION. THAT'S A FEEL GOOD MOMENT FOR EVERYBODY WHO PARTICIPATES. YOU WANT LOCAL ECONOMY AND YOU WANT IT TO THRIVE. ONE OF THE MOST IMPORTANT EXAMPLES OF THEIR INNOVATION AND COMMITMENT CAME WHEN THEY ADAPTED TO IDAHO'S COLDER MONTHS. RATHER THAN PAUSING WINTER, THE MARKET LAUNCHED A WINTER INDOOR MARKET RUNNING FROM NOVEMBER THROUGH APRIL. THE MONTHLY INDOOR EVENT BRINGS TOGETHER ROUGHLY 75 VENDORS, INCLUDING ARTISAN MAKERS, MEAT AND CHEESE PRODUCERS, BAKERS AND FOOD VENDORS. AND THEY PROVIDE NOT JUST CONTINUITY FOR THOSE LOCAL BUSINESSES, BUT A WARM, WELCOMING SPACE FOR FAMILIES TO GATHER. ALL SEASON LONG. THE FARMERS MARKET IMPACT EXTENDS FAR BEYOND ITS REGULAR EVENTS. WHEN THEY HOSTED THE WATER TOWER TRIBUTE BLOCK PARTY JUST A FEW WEEKENDS AGO, THE MARKET STEPPED UP IN A BIG WAY. ORGANIZERS HELPED DECORATE THE AREA. THEY ENCOURAGE VENDORS TO CREATE WATER TOWER AND IDAHO FALLS THEMED PRODUCTS. I HAVE SOME WATER TOWER. HAND CREAM THAT ONE OF THE VENDORS CREATED, AND THEY WERE INSTRUMENTAL IN BRINGING THE COMMUNITY TOGETHER FOR FOR THE EVENING. WHO'S GOING TO GATHER TO HEAR SOMEONE MAKE A WOMP WOMP SPEECH ABOUT, YOU KNOW, THAT WAS SUPPOSED TO BE CHARLIE BROWN. WOMP WOMP WOMP. BUT ANYWAY, FOR THOSE OF YOU WHO ARE OLD ENOUGH TO REMEMBER, BUT ANYWAY, NOBODY'S GOING TO GATHER TO HEAR SPEECHES ABOUT THE WATER TOWER THEY GATHERED BECAUSE IT WAS AN EVENING WITH THE FARMERS MARKET VENDORS THERE. SO THANKS TO THE MARKET'S LEADERSHIP, CREATIVITY, AND ENERGY, THE BLOCK PARTY BECAME AN INCREDIBLE CELEBRATION THAT UNITED RESIDENTS AND SHOWCASED THE SPIRIT OF OUR CITY. THEY'VE ALSO PUT TOGETHER A MARKET THAT ACCOMPANIED THE TREE LIGHTING, AND WE HAD THE BIGGEST TREE EVER AND A MARKET. I WAS RECENTLY HAD THE PRIVILEGE OF BEING IN EUROPE AND SAW CHRISTMAS MARKETS, AND I TOOK PICTURES TO SHARE WITH THE FARMER'S MARKET. FOLKS HAVE SOME REALLY COOL THINGS THAT WE MIGHT WANT TO ADAPT OR ADOPT, BUT THROUGHOUT IT'S CONSISTENT. THROUGHOUT ALL OF THIS, THERE'S BEEN CONSISTENT PASSION, CREATIVITY, SERVICE. THE FARMER'S MARKET STRENGTHENS OUR LOCAL ECONOMY, BUILDS RELATIONSHIPS, AND ENRICHES THE CULTURAL LIFE OF OUR CITY. FOR THIS DEDICATION TO CONNECTING PEOPLE, SUPPORTING LOCAL PRODUCERS AND INNOVATING TO KEEP THE COMMUNITY ALIVE ALL YEAR LONG, IT'S MY HONOR TO PRESENT THE OUTSTANDING COMMUNITY ENRICHMENT AWARD TO THE FARMERS MARKET AND. THANK YOU. WE APPRECIATE THIS. SO I'M ONE PERSON. WE HAVE 196 VENDORS IN THE FARMERS MARKET. IF IT WASN'T FOR THEM, WE WOULDN'T BE ABLE TO HAVE A SUCCESSFUL FARMERS MARKET. THE BIGGEST THING I CAN SAY IS THANK YOU FOR THE SUPPORT OF SUPPORTING LOCAL. THERE'S A LOT OF US, THERE'S A LOT OF YOU, AND WE WANT TO MAKE SURE WE GET HEALTHY FOOD ON YOUR TABLE. SO THANK YOU AGAIN. THANK YOU FOR YOUR PATIENCE, EVERYBODY. I HOPE THAT SOME OF THESE STORIES ARE INTERESTING TO YOU.OUTSTANDING HUMANITARIAN SERVICE IS DEFINED NOT JUST BY RECOGNIZING SOMEBODY, BUT BY THEIR CONSISTENT WILLINGNESS TO STEP IN AND ROLL UP SLEEVES AND HELP WHEREVER THERE'S A NEED.
WELL, FOR MORE THAN THREE DECADES, DOCTOR FRITZ SCHMUTZ HAS DONE EXACTLY THAT FOR THE IDAHO FALLS COMMUNITY. DOCTOR SCHMUTZ IS KNOWN FOR HIS DEEP COMPASSION AND HIS QUIET, HANDS ON APPROACH TO HELPING OTHERS, WHETHER SUPPORTING FAMILIES IN NEED, VOLUNTEERING BEHIND THE SCENES, OR RESPONDING WHEN HELP IS REQUIRED, HE HAS ALWAYS FOCUSED ON PEOPLE FIRST. HE IS SOMEONE WHO DOES NOT HESITATE TO SHOW UP, EVEN WHEN THE WORK IS DIFFICULT OR UNCOMFORTABLE, AND HE NEVER LOOKS FOR CREDIT IN RETURN. OVER THE YEARS, DOCTOR SCHMUTZ PLAYED A KEY
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ROLE IN HELPING LAUNCH AND SUPPORT PROGRAMS THAT SERVE INDIVIDUALS WITH SPECIAL INDIVIDUALS WITH SPECIAL NEEDS AND VETERANS THROUGH EQUAL BASED EXPERIENCES. FROM THE VERY BEGINNING, HE WAS WILLING TO DO WHATEVER WAS NEEDED, WHETHER THAT MEANT WORKING IN THE ARENA, CARING FOR ANIMALS, OR HELPING ENSURE THE PROGRAM COULD GROW AND SERVE MORE PEOPLE. HIS COMMITMENT HELPED LAY THE GROUNDWORK FOR OPPORTUNITIES THAT CONTINUE TO CHANGE LIVES TODAY. HE ALSO STEPPED UP TO ADDRESS FOOD INSECURITY IN OUR COMMUNITY LONG BEFORE IT WAS POPULAR OR FASHIONABLE TO SUPPORT FOOD INSECURITY. BEFORE THE PHRASE FOOD INSECURITY EVEN EXISTED, IT WAS CALLED HUNGER. AND BEFORE DOCTOR SCHMUTZ ORGANIZED FOOD DRIVES DURING COMMUNITY PARADES, YOU'LL NOTICE THAT THE CITY OF IDAHO FALLS CITY COUNCIL MEMBERS. WE DO NOT THROW OUT CANDY IN THE PARADE. INSTEAD, WE WALK TO RECEIVE DONATIONS IN SUPPORT OF THE WORK THAT DOCTOR SCHMUTZ DOES. AND IT FEELS REALLY GOOD TO BE A PART OF HIS TEAM ON THAT DAY. IN THAT WAY, WHEN THERE WAS NO CENTRAL PLACE TO STORE OR DISTRIBUTE THE FOOD, HE RENTED STORAGE SPACE HIMSELF, AND HE WORKED DIRECTLY WITH THE LOCAL ORGANIZATIONS TO MAKE SURE THE FOOD REACHED THOSE WHO NEEDED IT MOST. HIS EFFORTS HELPED BRIDGE GAPS AND SUPPORT FAMILIES DURING TIMES OF REAL NEED. PROFESSIONALLY, DOCTOR SCHMUTZ HAS ALSO SERVED IDAHO FALLS AS A PHYSICIAN FOR MORE THAN 30 YEARS, NOT ONLY FOR HIS EXPERTISE, BUT FOR THE CARE AND ATTENTION HE GIVES TO EVERY INDIVIDUAL HE SERVES. HE HAS JUST AN OUTSTANDING REPUTATION FOR HIM. THE WORK HAS NEVER STOPPED, NOT AT THE END OF THE DAY. HE IS KNOWN FOR GOING THE EXTRA MILE, TAKING THE EXTRA TIME AND MAKING SURE PEOPLE FEEL SEEN. PEOPLE FEEL HEARD AND THAT THEY ARE CARED FOR. DOCTOR FRITSCH THE FRITZ SCHMUTZ EMBODIES WHAT IS MEANT, WHAT IT MEANS TO SERVE WITH HUMILITY, COMPASSION AND DEDICATION. AND SO FOR HIS LIFELONG COMMITMENT TO HELPING OTHERS, STRENGTHENING OUR COMMUNITY, AND PUTTING SERVICE ABOVE SELF, IT'S MY HONOR TO PRESENT THE OUTSTANDING HUMANITARIAN SERVICE WORK TO DOCTOR FRITZ. I, LIKE HAS BEEN SAID SO MANY TIMES. IT'S REALLY THE EFFORTS OF EVERYBODY INVOLVED, ALWAYS. THE INTERFAITH COMMUNITY SERVICE PROJECT THAT HELPED WITH THIS FOR MANY YEARS. REALLY, THIS SHOULD BE THE AWARD TO ALL OF THOSE MINISTERS WHO CHIMED IN, WHO COULD SEE NEED AND WANTED TO WORK TOGETHER TO SUPPORT IT.AND SO THIS WORD IS VERY MEANINGFUL TO ME. BUT ALL THE PEOPLE THAT HELPED, AND I WOULD JUST OFFER YOU THE ESSENCE OF MAHATMA GANDHI'S LIFE WHEN HE SAID, BE THE CHANGE YOU WANT TO SEE IN THE WORLD. I KNOW THAT'S THE FEELING OF ALL THE GOOD PEOPLE IN THIS COMMUNITY. BE THE CHANGE YOU WANT TO SEE. THIS IS A GREAT PLACE TO LIVE. THANK YOU. I LOVE THAT PHRASE THAT TO SAY AND LIKE GANDHI, HE IS A FELLOW COUNTRYMAN, MOTHER TERESA. AND MAYBE YOU'LL REMEMBER THE STORY WHEN SHE RECEIVED AN AWARD FOR HER HUMANITARIAN WORK THE NEXT DAY, SHE WAS OUT TRYING TO SELL IT SO SHE COULD GET THE MONEY FROM IT TO GO AND DO SOME GOOD WORK WITH IT. SO I HAVE A FEELING, DOCTOR SCHMUTZ, THAT MAY NOT BE WORTH ANYWHERE NEAR ENOUGH, TRY TO FIND MONEY SOMEWHERE ELSE. ALL RIGHT. NEXT, IT'S MY PRIVILEGE TO RECOGNIZE A LOCAL CITIZEN FOR EXTRAORDINARY WHITENESS HERE. I DON'T SEE IT, BUT OKAY. A LOCAL CITIZEN FOR EXTRAORDINARY DEDICATION TO FOSTERING INTERNATIONAL FRIENDSHIP AND CULTURAL UNDERSTANDING IN OUR COMMUNITY. AS A DEVOTED MEMBER OF THE IDAHO FALLS SISTER CITIES ORGANIZATION, CLARK KATO HAS WORKED TIRELESSLY TO STRENGTHEN THE BONDS BETWEEN IDAHO FALLS AND OUR SISTER CITY, TOKAI, IN JAPAN. THIS COMMITMENT TO BUILDING BRIDGES ACROSS CULTURES HAS ENRICHED OUR ENTIRE COMMUNITY AND CREATED LASTING CONNECTIONS THAT WILL BENEFIT SORRY, GENERATIONS TO COME. CLARK'S VISION AND DEDICATION ARE PERHAPS MOST BEAUTIFULLY EMBODIED IN THE IDAHO FALLS FRIENDSHIP GARDEN. NOT ONLY DID HE HELP TO DESIGN AND CONCEPTUALIZE THIS PEACEFUL SANCTUARY, I'M TOLD THE ORIGINAL IDEA WAS ALL HIS. HE BROUGHT TOGETHER JUDY SEIDEL, A FORMER RECIPIENT OF ONE OF THESE AWARDS, AND MIKE SALADINO'S TO CREATE A GARDEN THAT HE'D SEEN WHEN HE'D BEEN VISITING JAPAN. AND TOGETHER THEY PARTNERED WITH PARTNERED WITH THE CITY OF IDAHO FALLS PARKS AND RECREATION DEPARTMENT TO MAKE THIS FRIENDSHIP GARDEN A REALITY. IT'S A TREMENDOUS COMMUNITY ASSET, AND WE CAN'T NUMBER HOW MANY RESIDENTS HAVE USED THAT BEAUTIFUL SITE FOR CONTEMPLATION AND BRINGING THEIR FOR GATHERINGS AND FOR MAKING MEMORIES WITH PHOTOGRAPHS. MY OWN DAUGHTER, ONE OF THEM ANYWAY, HAD THE PROM PICTURES TAKEN THERE. I'VE SEEN WEDDING PHOTOS THERE. I'M SURE SOME OF YOU HAVE SEEN THAT. IT'S A BEAUTIFUL SPOT AND IT'S THEY THEY EXERCISE GREAT. CARE TO MAKE SURE THERE'S PERFECT FIDELITY WITH THE FEATURES OF THIS GARDEN AND THE REAL ZEN
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GARDEN THAT YOU MIGHT FIND, OR GARDEN OF THAT TYPE THAT YOU MIGHT FIND IN JAPAN. MR. KIDO CONTINUES TO DEVOTE COUNTLESS HOURS TO THE MAINTENANCE OF THE FRIENDSHIP GARDEN, AND IT STANDS AS A LIVING TESTAMENT TO THE POWER OF CULTURAL EXCHANGE AND THE BEAUTY THAT EMERGES WHEN JUST ONE PERSON HAS A VISION, ONE PERSON. THAT'S ALL IT TAKES TO MAKE OUR COMMUNITY BETTER IN REALLY MEANINGFUL WAYS. MR. KIDO HAS LONG BEEN A LONGTIME MEMBER OF THE JACL, THE JAPANESE AMERICAN CITIZENS LEAGUE, AND FOR THE PAST SEVERAL YEARS, CLARK HAS SERVED AS TREASURER OF THE IDAHO FALLS SISTER CITIES ASSOCIATION. HIS DEEP RELATIONSHIP WITH THE JAPANESE COMMUNITY HAS BEEN PARTICULARLY MEANINGFUL THROUGHOUT HIS WORK. HE'S HELPED PRESERVE AND CELEBRATE JAPANESE CULTURE IN OUR CITY, CREATING SPACES AND OPPORTUNITIES FOR UNDERSTANDING AND ALLOWING FOR THAT GENUINE FRIENDSHIP TO FLOURISH WHEN THERE'S SOMETHING INTERESTING GOING ON. OR HE'LL HE'LL LET OTHERS KNOW THAT MIGHT ENRICH THAT, THAT CULTURAL BOND. HE TOOK A GROUP WITH HIM WHEN HE DECIDED HE WANTED TO GO AND TOUR THE MINIDOKA SITE, WHERE DURING WORLD WAR TWO, JAPANESE AMERICANS FROM IDAHO HAD BEEN INTERNED. I SPOKE WITH SISTER CITY ASSOCIATION PRESIDENT CINDY OZAKI, AND SHE SAID, CLARK HAS TOUCHED OUR COMMUNITY IN SO MANY WAYS. HE ALWAYS LOOKS TO MAKE THINGS BETTER FOR EVERYONE ELSE. HE'S ONE OF THE MOST THOUGHTFUL, KIND AND CONSIDERATE PEOPLE I KNOW. HE NEVER WANTS ATTENTION FOR HIMSELF. HE ONLY STRIVES TO BRING JOY TO OTHERS, AND I COULDN'T AGREE WITH HER MORE. MR. CLARK KIDO IS A TREASURE OF A MAN. HE JUST QUIETLY HELPS OTHER PEOPLE AND JUST DISAPPEARS AFTER HE'S DONE HIS KINDNESS. CLARK KIDO EXEMPLIFIES THE SPIRIT OF SERVICE AND GLOBAL CITIZENSHIP. HIS LEGACY CAN BE SEEN, FELT, AND EXPERIENCED BY ALL WHO VISIT THE GARDEN AND BENEFIT FROM THE SISTER CITY'S CONNECTIONS HE'S HELPED TO NURTURE. IN MANY WAYS, THIS AWARD SERVES AS A THANK YOU TO CLARK FOR BRINGING VISION, DEDICATION, AND UNWAVERING COMMITMENT AS HE'S BROUGHT OUR COMMUNITY CLOSER TO THE WORLD. MR. KIDO AND HIS WIFE WILL SOON BE MOVING TO BOISE TO BE CLOSER TO CHILDREN, AND HE'LL BE, YOU KNOW, DEPARTING FROM SOME OF THEIR REALLY GREAT ASSOCIATIONS HE'S HAD HERE. WE'RE GOING TO MISS HIM AND HE'S NOT IN THE ROOM TONIGHT. BUT WOULD YOU JOIN ME IN HONORING HIM WITH A ROUND OF APPLAUSE? YOU GET THAT AWARD TO HIM LATER, THE HEROES DEFENSE FUND IS THE NEXT THING I WANT TO TALK ABOUT. A FEW ORGANIZATIONS LEAVE SUCH A PROFOUND MARK ON THE COMMUNITY, STRENGTHENING BOTH THE PEOPLE WHO PROTECT US AND THE CITIZENS THAT KEEP US SAFE. FOUNDED WITH A MISSION TO HONOR, SUPPORT, AND STRENGTHEN THE MEN AND WOMEN WHO SERVE HEROES, DEFENSE HAS BECOME A DRIVING FORCE OF PHILANTHROPY FOR FIRST RESPONDERS THROUGHOUT IDAHO FALLS AND THE SURROUNDING AREA. THEIR DEDICATION, THEIR VISION, AND THEIR INCREDIBLE GENEROSITY TOUCHED COUNTLESS LIVES ACROSS THE REGION THROUGH YEAR ROUND FUNDRAISING AND COMMUNITY EVENTS AND SOME VERY STRATEGIC PARTNERSHIPS. THEY PROVIDED ESSENTIAL RESOURCES TO LOCAL FIRE AND POLICE DEPARTMENTS, AND THEY SUPPORT PUBLIC SAFETY AGENCIES THROUGH AND THROUGH, AS WELL AS VETERANS ORGANIZATIONS. AND THEY ENSURED THAT THOSE WHO SERVE ARE EQUIPPED, WELL EQUIPPED AND EMPOWERED TO CONTINUE THEIR VITAL WORK. THEY THEY CELEBRATE THE HEROES AMONG US. THE HEROES DEFENSE HAS MADE A LASTING IMPACT BY HELPING DEPARTMENTS OBTAIN LIFE SAVING AND EQUIPMENT. THEY'VE ALSO HELPED SOME DEPARTMENTS WITH THEIR TRAINING OR UPGRADES THAT WOULD OTHERWISE MAYBE REMAIN OUT OF REACH, BECAUSE THERE AREN'T ENOUGH PUBLIC DOLLARS TO PROVIDE ENOUGH TO FIRE AND POLICE DEPARTMENTS ALL THE TIME. THEIR CONTRIBUTIONS HAVE SUPPORTED THINGS SUCH AS JAWS OF LIFE TOOLS, AED UNITS, FACILITY IMPROVEMENTS AND SUPPLEMENTAL TRAINING AND BUDGET GAP EQUIPMENT. I'M NOT SURE WHAT THAT IS, AND BUT THEY DIDN'T. DIRECTLY ENHANCING PUBLIC SAFETY AND EMERGENCY RESPONSE IN OUR COMMUNITY IN IDAHO FALLS IN BONNEVILLE COUNTY, HEROES DEFENSE HAS REPEATEDLY DEMONSTRATED SOME EXTRAORDINARY GENEROSITY. THEY FULLY FUNDED THE NINE OVER 11 MEMORIAL AT THE IDAHO FALLS FIRE DEPARTMENT, AND THEY SUPPORTED A SECOND MEMORIAL IN AMMON, HELPING TO ENSURE THAT THE HEROISM OF THAT DAY IS NOT FORGOTTEN. AND IF YOU'VE NEVER VISITED JUST RIGHT THERE ON THE CORNER OF PARK AND D D THAT MEMORIAL, DO IT ON A MAYBE A DAY WHEN THERE'S NOT A LOT GOING ON, AND YOU'LL SEE THAT YOU'LL FEEL. YOU'LL FEEL SOME MEASURE OF GRATITUDE AS YOU REFLECT UPON THE SACRIFICE OF THOSE WHO SERVED ON THAT FATEFUL DAY IN OUR COUNTRY. THEY PROVIDED 15 AEDS TO THE IDAHO FALLS FIRE DEPARTMENT, DONATING $10,000, AND THEY DONATED $10,000 TO THE YEMEN CITY FIRE DEPARTMENT AND THE BONNEVILLE COUNTY FIRE DISTRICT FOR THEM TO REFRESH. REFRESH THEIR STATION FLOORS, THEY SPONSORED A SHOOTING COMPETITION FUNDRAISER TO SUPPORT THE NASR FAMILY. FOLLOWING THE TRAGIC LOSS A FEW YEARS BACK OF OF OFFICER MAZER.[00:45:07]
WELL, DEPUTY MAZER, SORRY, FROM THE COUNTY SHERIFF'S DEPARTMENT. EACH YEAR, THE ORGANIZATION HOSTS NINE OVER 11 TRIBUTE BANQUET AND NUMEROUS PUBLIC EVENTS. I'VE BEEN TO THOSE BANQUETS. THEY BRING THE HEROES FROM NINE OVER 11 FROM NEW YORK CITY, AND THEY BRING SOME OF THOSE FOLKS OUT TO TELL THEIR STORIES. AND IT IT TRANSFORMS THE WAY PEOPLE FEEL WHEN THEY'RE IN THAT ROOM ON THOSE EVENINGS. THEY USE THOSE GATHERINGS AS FUNDRAISERS, THEY SHARE THEIR STORIES, AND THEY CULTIVATE DEEPER COMMUNITY APPRECIATION FOR THE COURAGE AND SACRIFICE OF FIRST RESPONDERS AND VETERANS. THEY'RE LED BY THEIR FOUNDER AND CO-CHAIR, ERIC MITCHELL, CO-CHAIR TRAVIS SNYDER. YEAH, SORRY. AND ACTING DIRECTOR JESSIE BRENNAN. HEROES. AM I RIGHT WITH THAT? SAY THAT ONE. RIGHT. OKAY. HERE'S DEFENSE HAS BECOME AN INDISPENSABLE PARTNER IN I JUST I JUST SAY, TRAVIS. I MEAN, THAT'S ALL. THAT'S ALL I'M SAYING. BUT ANYWAY, THEY'VE BEEN AN INDISPENSABLE PARTNER IN STRENGTHENING EMERGENCY SERVICES ACROSS OUR REGION. THEIR UNWAVERING COMMITMENT TO GIVING BACK AS A CORPORATE ENTITY. I MEAN, THEY HAVE ACTUAL REAL BUSINESS TO DO. THEY DON'T JUST SIT AROUND THINKING OF NICE THINGS TO DO FOR PUBLIC FIRST RESPONDERS, BUT THEY ARE DEDICATED TO THIS, AND THEY UPLIFT AGENCIES, FAMILIES AND COMMUNITIES IN THE PROCESS. SO FOR THEIR REMARKABLE AND ONGOING PHILANTHROPIC, PHILANTHROPIC SUPPORT OF FIRST RESPONDERS AND FOR THEIR EFFORTS TO BUILD A SAFER, STRONGER AND MORE RESILIENT PLACES TO LIVE, WORK AND PLAY, WE PROUDLY RECOGNIZE HEROES DEFENSE WITH THIS YEAR'S OUTSTANDING PHILANTHROPIC CONTRIBUTION AWARD. I'M USUALLY THE QUIET ONE. I'LL JUST SAY A COUPLE THINGS. NUMBER. FIRST THING, WE DON'T GET TO DO ANYTHING WITHOUT THE FIRST RESPONDERS AND MILITARY GROUPS WORKING WITH US. WE'VE GOT GREAT LEADERSHIP IN THIS TOWN. THEY'RE GREAT TO WORK WITH, AND IT'S AN HONOR TO HELP WHERE WE CAN, WHEN WE CAN. AND THE SECOND PART OF THAT IS, I THINK YOU SAID IT BEST, WE HAVE AN AMAZING COMMUNITY. SO, YOU KNOW, WE WE GET THE AWARDS AND WE'LL PUT THE PUT THE TEAMS TOGETHER. BUT REALLY IT'S THE COMMUNITY THAT WE GET TO IT FOR AND YOU KNOW, AMAZING. SO EVERY YEAR WE GET BETTER AND MORE AND MORE PEOPLE AND IT'S MADE OUR COMMUNITY DESPERATE. SO THANK YOU. THANK YOU. TONIGHT WE ALSO WANT TO HONOR THE SHOSHONE-BANNOCK TRIBES, WHOSE PRESENCE AND STEWARDSHIP OF THIS LAND HAVE HELPED SHAPE EASTERN IDAHO FOR MORE GENERATIONS THAN MOST OF US COULD COUNT. THEIR KNOWLEDGE, TRADITIONS, AND LEADERSHIP CONTINUE TO ENRICH OUR COMMUNITY THROUGH CAREFUL AND RESPECTFUL COLLABORATION. THEY PARTNER TO THE CITY OF IDAHO FALLS THROUGH THEIR PARTNERSHIP WITH US, THE TRIBES HAVE MADE MEANINGFUL CONTRIBUTIONS TO CULTURAL PRESERVATION, TO EDUCATION, AND TO COMMUNITY ENGAGEMENT, FOSTERING CONNECTIONS THAT BENEFIT US ALL.ONE OF MY VERY FIRST, WHEN I FIRST MOVED HERE, ONE OF MY FIRST EXPERIENCES WITH THE TRIBES WAS GOING TO WHAT IS THAT CALLED FOR FOURTH GRADERS RENDEZVOUS. AND SOME TRIBE MEMBER TRIBAL MEMBERS HAD COME TO TALK TO THE YOUNG PEOPLE PARTICIPATING IN THAT. IT WAS A DAY TO HELP THEM UNDERSTAND A LITTLE BIT MORE ABOUT IDAHO HISTORY, AND WHAT MOUNTAIN MEN AND TRAPPERS AND WHAT THAT PART OF THE OF IDAHO'S HISTORY WAS LIKE. AND THE NATIVE AMERICAN SPEAKER WAS A MEMBER SHOSHONE-BANNOCK TRIBES. AND SHE WAS ABLE TO TALK TO THE KIDS AND REACH THEM IN A VERY QUIET, SUBTLE WAY, TEACH THEM ABOUT HER CULTURE AND THE WAY THAT THEY SAW THINGS. AND IT WAS JUST A REALLY BEAUTIFUL MOMENT WHERE YOU SAW FOURTH GRADERS, YOU SAW THE LIGHT BULBS GOING ON IN THEIR IN THEIR HEADS. FOURTH OR FIFTH.
IT'S FOURTH, ISN'T IT? YEAH. ANYWAY, THE SHOSHONE-BANNOCK TRIBES HAVE A HISTORICAL CONNECTION TO THE THE IDAHO FALLS WARBONNET WARBONNET ROUND-UP RODEO. IT DATES BACK TO ITS BEGINNINGS BACK IN 1911, WHEN THE SHOSHONE-BANNOCK RIDERS PARTICIPATED IN THE RELAY RACES. THEIR CONTINUED INVOLVEMENT UP TO THIS DAY HELPS MAINTAIN THE HISTORICAL ROOTS OF IDAHO'S OLDEST PROFESSIONAL RODEO. EACH YEAR, THE TRIBES OPEN EVERY RODEO EVENT WITH A VIBRANT TRIBAL PERFORMANCE FEATURING NATIVE DRUMMERS AND DANCERS FROM THE SHOSHONE-BANNOCK COMMUNITY. IF YOU'VE BEEN RECENTLY, YOU'VE SEEN THAT THE TRIBAL BUSINESS COUNCIL CHAIRMAN ALSO SHARES AN ANNUAL MESSAGE DELIVERED THAT'S DELIVERED, AND IT'S PLAYED UP ON THE JUMBOTRON DURING EACH RODEO. THEY ALSO PROVIDE MEANINGFUL CONNECTION BETWEEN THE EVENT AND THE CULTURE OF THE TRIBE. THAT OPENING DAY, THROUGH THEIR ONGOING PARTICIPATION, THE TRIBES BRING CULTURAL REPRESENTATION AND HONOR. THEY HONOR THEIR LONG STANDING PRESENCE IN THE. I DIDN'T READ THAT RIGHT. SORRY. I'M GOING TO KEEP GOING. THE
[00:50:01]
CITY VALUES THIS PARTNERSHIP THAT WE HAVE WITH THEM, AND WE HAVE WORKED HARD OVER THE PAST DECADE TO ENSURE THAT THEIR CULTURE AND CONTRIBUTIONS ARE PROMINENTLY INCLUDED IN THE RODEO PROGRAM. THE SHOSHONE-BANNOCK TRIBES ALSO PARTNERED CLOSELY WITH THE MUSEUM OF IDAHO ON THE WAY OUT WEST EXHIBIT TRIBAL LANGUAGE AND CULTURE DEPARTMENT MEMBERS NOLAN BROWN, BABETTE HASKETT, AND RANDY TETON PROVIDED EXPERT GUIDANCE ON ARTIFACTS ALL THE WAY FROM THE SELECTION AND THE INTERPRETATION OF THEM TO DISPLAY PLANNING AND TO ENSURE CULTURAL ACCURACY AND RESPECTFUL PRESENTATION. THEY PERFORMED TRADITIONAL CEREMONIES. THEY ALSO CONNECTED MUSEUM STAFF WITH TRIBAL ELDERS, RESULTING IN THE INCLUSION OF CULTURALLY SIGNIFICANT ITEMS THAT PROBABLY OTHERWISE WOULD NOT HAVE BEEN ABLE TO BE DISPLAYED, AND THAT INCLUDED A BLANKET, A DRUM, AND A SAGE OUTFIT. THOSE THINGS WERE WERE CONSIDERED TOO SPECIAL TO SHARE UNTIL THESE CONNECTIONS WERE MADE. FORMER CHIEF TARGHEE ELEMENTARY TEACHER AND CURRENT MUSEUM BOARD MEMBER BAILEY DAN CREATED THE STRIKING METAL CURVED WALL ARTWORK AT THE EXHIBIT ENTRANCE. I'M NOT SURE IF I REMEMBER THE CURVED METAL ARTWORK, BUT I'M GOING TO GO FIND A PICTURE OF IT BECAUSE WHEN I THIS BIT OF RESEARCH WAS DONE BY CITY STAFFER AND I WANT TO KNOW MORE ABOUT THAT, BUT THE IT WAS SORRY, I'M TALKING TOO FAST. WELL, I'M JUST GOING TO SAY THE TRIBES HAVE SERVED AS THOUGHTFUL, PROFESSIONAL PARTNERS, CONTRIBUTING EXPERTISE, TRADITION AND INSIGHT AS THEY ENRICH THE MUSEUM OF IDAHO AND THE BROADER COMMUNITY. INL AND THE SHOSHONE-BANNOCK TRIBES ALSO PARTNER EACH YEAR TO CELEBRATE EARTH DAY. INL'S ANNUAL EVENT INCLUDES A CELEBRATION OF MOTHER EARTH AND HER RESOURCES, AND THEY PRESENTED SHOSHONE-BANNOCK CULTURAL BLESSING AND OTHER ACTIVITIES AS PART OF EARTH DAY. IN THE TIMES THAT WE LIVE IN, WE HAVE LEARNED THAT CULTURAL CULTURAL RICHNESS IS INCREDIBLY VALUABLE IN THE MANY PARTNERSHIPS OUR COMMUNITY MEMBERS HAVE WITH THE SHOSHONE-BANNOCK TRIBES WILL CONTINUE TO BENEFIT THE RESIDENTS OF IDAHO FALLS. IT'S JUST A TOUCH POINT TO SOMETHING RICH THAT WE ARE BLESSED TO BE ABLE TO HAVE, AND THAT'S WHY WE'RE RECOGNIZING BANNOCK TRIBES WITH THE OUTSTANDING COMMUNITY PARTNERSHIP AWARD THIS EVENING. I DON'T BELIEVE WE HAVE A REPRESENTATIVE HERE, SO. THAT MEANS I GET TO GO VISIT AND DROP IT OFF. SO HE WANTS TO COME WITH YOU. WHEN YOU DRIVE DOWN THERE, LET ME KNOW. FINALLY, LAST BOARD. THE STORY OF IDAHO FALLS IS SHAPED BY FAMILIES WHO BUILD, NURTURE AND SUSTAIN THIS COMMUNITY THROUGH DEDICATION, RESILIENCE AND COMMITMENT TO QUALITY. THIS FAMILY HAS LEFT AN INDELIBLE MARK ON OUR COMMUNITY, TOUCHING GENERATIONS OF NEIGHBORS AND FRIENDS. IT'S MY HONOR TO RECOGNIZE ALAN REED AND THE FAMILY BEHIND ONE OF THE ONE OF IDAHO FALLS MOST CHERISHED INSTITUTIONS, REED'S DAIRY. FOR GENERATIONS, REED'S DAIRY HAS BEEN WOVEN INTO THE FABRIC OF IDAHO FALLS. I CAME TO REED'S DAIRY BEFORE I EVEN MET MY FUTURE MOTHER IN LAW. I WAS TAKING A THREE YEAR ICE CREAM.THIS DOESN'T TASTE LIKE IT HAS POTATOES IN IT. I WENT THROUGH THAT WHOLE RITUAL. IT WAS ONE OF MY FIRST INTRODUCTIONS, IDAHO FALLS. SO THEIR STORY BEGAN IN 1955, WHICH SEEMS WAY TOO RECENT. BUT HERE WE GO. WHEN LARRY REED STARTED A SMALL MILK DELIVERY OPERATION RIGHT HERE IN IDAHO FALLS, LARRY HANDLED THE DAIRY WHILE HIS BROTHERS, LEROY AND DAVE, MANAGED THE FARMING SIDE OF THE BUSINESS, RAISING HAY, POTATOES AND GRAIN LONG BEFORE FARM TO TABLE BECAME A TREND, THE REED'S WERE ALREADY LIVING IT, DELIVERING FRESH MILK DIRECTLY TO THEIR NEIGHBORS DOORSTEPS. THE ROOTS OF THIS FAMILY BUSINESS DATE BACK EVEN FURTHER TO THE EARLY DAYS OF BROADWAY STREET, WHERE THE ORIGINAL MILK BARN THAT BECAME THE HEART OF REED'S DAIRY WAS BUILT, AND IT WAS BUILT NEXT TO THE HOME WHERE ALAN'S FATHER, ROY, GREW UP. THIS WAS A TIME WHEN NEIGHBORS WOULD SHOW UP WITH EMPTY BOTTLES AND CANS TO FILL UP, TO FILL WITH MILK, AND THEY WOULD DROP THEIR PAYMENTS INTO A COFFEE CAN. IT'S FROM THAT MODEST BEGINNING THAT A TREASURED IDAHO FALLS INSTITUTION WAS BORN. IN THE 1980S, THE DAIRY AND FARM BRANCHED INTO SEPARATE OPERATIONS, AND IT WAS ALAN WHO ENVISIONED A NEW CHAPTER. HE DEVELOPED THE FORMULA FOR REED'S DAIRY ICE CREAM, NOW A LOCAL FAVORITE. HE INVESTED IN THE EQUIPMENT NEEDED TO BRING IT TO LIFE. WHAT STARTED AS AN IDEA QUICKLY BECAME ONE OF THE SIGNATURES OF THE REED FAMILY BUSINESS, AND A STAPLE OF EASTERN IDAHO. OVER THE YEARS, THE REED FAMILY CONTINUED TO INNOVATE AND GROW. TODAY, REED'S DAIRY IS OPERATED BY LARRY'S SON MIKE, LARRY'S SON MIKE, HIS NEPHEW ALAN, AND LONGTIME PARTNER RICKY. ALL RIGHT, LET'S DO THIS. I KNOW I CAN SAY IT. I CAN SAY REFUGIO.
CERVANTES. RIGHT. WITH ALAN'S SON, SAM, PROUDLY CARRYING THE FAMILY'S LEGACY FORWARD INTO THIS THIRD GENERATION, THEIR IDAHO FALLS DAIRY FARM CARES FOR 250 HOLSTEIN COWS WHOSE MILK IS PROCESSED ON SITE AND OFTEN REACHES CUSTOMERS WITHIN HOURS. REED'S DAIRY NOW SERVES
[00:55:04]
HOMES ACROSS EASTERN AND WESTERN IDAHO AND OPERATES FOUR RETAIL STORES. I DON'T EVEN REMEMBER WHEN THEY WERE WHEN I REMEMBER WHEN THERE WERE TWO. BUT ANYWAY, THEIR FAMILIES.FAMILIES CAN ENJOY A FRESH DAIRY PRODUCTS, HOT GRILLED CHEESE SANDWICHES, AND MORE THAN 80 DIFFERENT FLAVORS OF ICE CREAM. ALTHOUGH THEY'RE KIND OF ROTATIONAL, BASIS AND BELOVED COMMUNITY EVENTS HAVE BECOME TRADITIONS OF THEIR OWN. I DON'T KNOW HOW MANY OF YOU HAVE LOADED UP YOUR KIDS AND GONE TO READ THREE DAYS, BUT IT'S A GOOD EXPERIENCE, ESPECIALLY IF YOU'VE GOT KIDS WHO DON'T APPRECIATE WHERE THINGS COME FROM AND YOU GET TO TEACH THEM. I CAN'T LEAVE OUT TWO QUICK OFF SCRIPT STORIES. ONE IS DAIRY AND IT'S ALSO SEASONAL. BUT ONE OF MY FAVORITE THINGS IS TO MAKE REED'S DAIRY EGGNOG COCKTAIL WITH ROOTS, DAIRY, EGGNOG, AND CRANBERRY JUICE. I LOVE IT. THAT'S A CLOSE SECOND IS MIXING WITH ORANGE JUICE, BUT EITHER WAY, IT'S THE BEST PART OF CHRISTMAS BREAKFAST. AND THEN THE SECOND THING I TELL YOU IS THAT ALL THE THINGS THAT ARE SERVED REED'S DAIRY STORE, I STILL CAN'T OR JUST GO IN AND ORDER A GLASS OF MILK. AND I KEEP THINKING THAT YOU'RE GOING TO SELL COOKIES SO THAT I CAN ORDER A GLASS OF MILK, BUT SO, YOU KNOW, GET WITH THE PROGRAM.
BUT I WILL ALSO TELL YOU THAT THERE WAS A LADY ONCE WHO WAS TALKING. WE WERE TALKING ABOUT SKIM MILK. OH, I HATE SKIM MILK. AND IS WHAT SHE HAD SAID. AND IT'S IT'S ALMOST BLUE GRAY LOOKING WHEN YOU WHEN YOU POUR IT OUT OF THE CONTAINER. AND THEN SOMEONE ELSE SAID, WELL, HAVE YOU EVER TRIED REED'S DAIRY SKIM MILK? AND I SAID, THAT'S ALL WE DRINK AT OUR HOUSE. AND THEN THIS PERSON SAID, AND THEY WEREN'T A REED'S DAIRY EMPLOYEE OR A FAMILY MEMBER, BUT THEY SAID, WELL, THAT'S BECAUSE THEY DON'T TAKE THE DAIRY MILK SOLIDS OUT OF IT AND SELL THEM OFF TO TO MAKE MORE MONEY. THEY LEAVE THEM IN THERE. AND THAT'S WHY IT TASTES SO GOOD AND IT'S NOT GREAT. AND SO THERE WE GO. I DON'T KNOW IF THAT'S TRUE. YOU'LL HAVE TO TELL US. BUT WITH ALL OF THEIR PRODUCT INNOVATION. IT'S A IT'S JOYOUS TO GO VISIT THE DAIRY, THE STORE, IF YOU'RE ANYWHERE BETWEEN THE AGES OF FOUR AND I'D SAY 84, IT'S A TREAT TO WALK IN AND GET AN ICE CREAM CONE. SO ON JANUARY 18TH, 2024, TRAGEDY STRUCK. A DEVASTATING FIRE TORE THROUGH THEIR PRODUCTION AND PASTEURIZING FACILITY. THAT SPACE WAS ONCE THE ORIGINAL BARN WHERE NEIGHBORS HAD LINED UP TO GET THAT FRESH MILK. IT WAS REDUCED TO ASH AND TWISTED METAL. THE REID FAMILY, AND FOR MANY IN OUR COMMUNITY, IT FELT LIKE WE WERE LOSING A PIECE OF SHARED HISTORY. BUT TRUE TO THEIR VALUES, I REMEMBER PEOPLE WERE LIKE TALKING, DID YOU HEAR IT'S BURNING? I MEAN, WE THE WILDFIRE AND THE NEWS SPREAD LIKE WILDFIRE AT THE SAME. SO TRUE TO THEIR VALUES, THE REID FAMILY DIDN'T GIVE UP. IT WASN'T THE END. IN THE MONTHS THAT FOLLOWED, THEY CONTINUED SERVING THEIR CUSTOMERS BY FINDING WAYS TO KEEP DAIRY PROCESSES GOING, ALL WHILE PRESERVING, PERSEVERING IN THE EFFORT TO BUILD NEW STATE OF THE ART FACILITY. THE COMMUNITY RALLIED AROUND THEM, AND THE REIDS MET EACH CHALLENGE AND THERE WERE SOME WITH DETERMINATION, HUMILITY AND GRATITUDE. NOW, ONE OF MY ALL TIME FAVORITE PHOTOS CAME OUT OF THIS TRAGEDY, AND IT'S A PHOTO. AND I MEANT TO HAVE IT UP ON THE SCREEN, AND I JUST FLAT OUT FORGOT UNTIL ABOUT 720 THIS EVENING. AND I WAS LIKE, OH, I FORGOT TO GET THE PICTURE. BUT IT'S A PICTURE OF ALAN REID OF REID'S DAIRY, AND KEVIN CALL A FAST ICE CREAM, AND IT WAS TAKEN ON SITE WHEN THE TRAGEDY WAS WAS HAPPENING. NOW KEVIN PAUL IS ANOTHER MAYOR'S CHOICE AWARD RECIPIENT, FINE GENTLEMAN.
AND PHOTO SHOWS THE TWO OF THEM JUST STANDING THERE KIND OF TALKING THE WAY THAT TWO FRIENDS SLASH EDITORS AND I MEAN IT. ANYWAY, LET ME KEEP READING BECAUSE I'M GOING OFF SCRIPT. I'M NOT MAKING SENSE, BUT THE PHOTO SHOWING THESE TWO GENTLEMEN TOGETHER WHO ARE COMPETITORS IN BUSINESS, THEY BOTH SELL ICE CREAM AND THEY'RE BOTH GOOD AT IT. THEY WERE BUSINESS RIVALS, BUT THAT'S ONLY ON THE EASTERN IDAHO ICE CREAM SCENE. BUT THEY COULD STAND TOGETHER IN THE FACE OF THIS TRAGEDY AND AND AND BE THERE TO. TO BE SUPPORTIVE OF ONE ANOTHER. IT SAYS A GREAT DEAL ABOUT WHAT IT MEANS TO LIVE IN IDAHO FALLS. THAT PICTURE TO ME, IF YOU KNOW WHO THE TWO GENTLEMEN ARE, IT CAPTURES A LOT. SO NEARLY TWO YEARS LATER, ON NOVEMBER 14TH, 2025, WAS A TWO YEAR AND A HALF NO. ALMOST 222 MONTHS LATER, THE DOORS OF THEIR BRAND NEW 25,000 SQUARE FOOT PRODUCTION FACILITY OPENED TO THE PUBLIC.
IT WAS OUT OF TOWN ON CITY BUSINESS AND I MISSED THE BIG PARTY. BUT THE WEEKEND INCLUDED A COMMUNITY RIBBON CUTTING. NEIGHBORS BROUGHT THEIR OWN SCISSORS TO JOIN IN THE MOMENT.
I LOVE THAT IDEA, AND PUBLIC TOURS GAVE EVERYBODY A FIRSTHAND LOOK AT WHAT HAD RISEN FROM THE ASHES. IT WAS NOT JUST THE REOPENING OF A BUILDING, IT WAS THE RENEWAL OF THE THREE FAMILY LEGACY. IN EVERY CHAPTER OF THEIR STORY, THE REIDS HAVE SHOWN WHAT IT MEANS TO INNOVATE, TO BUILD, TO REBUILD, AND TO STAND STRONG WITH THE COMMUNITY THAT HAS
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STOOD WITH THEM FOR LEADERSHIP, RESILIENCE AND UNWAVERING COMMITMENT TO CARRYING FORWARD THEIR LEGACY. I AM HONORED TO PRESENT ALAN REID ON BEHALF OF THE ENTIRE REID PLAN FOR THIS YEAR'S OUT OF THE ASHES AWARD. THIS IS THIS IS A REAL HONOR. I MEAN, I'M REALLY GRATEFUL AND HUMBLED AT THIS. I WE LEARNED THAT THAT SADNESS COMES OUT OF TRAGEDY BUT NOT DEFEAT. AND AND THE REASON THAT WE'RE ABLE TO DO THAT AND DO SOMETHING THAT THE INDUSTRY TOLD ME THAT WE COULD NEVER DO TO BUILD A FACILITY IN IN 22 MONTHS, DAIRY PROCESSING FACILITY WAS BECAUSE OF ALL THOSE GREAT PEOPLE THAT I GET TO WORK WITH EVERY DAY, THOSE 200 PEOPLE THAT COME AND WERE DEDICATED TO HELP US, THE COMMUNITY, THE COMMUNITY, I MEAN, EVERYBODY. I JUST CAN'T SAY ENOUGH WORDS DO NOT EXPRESS MY APPRECIATION FOR THE COMMUNITY AND AND THE THE THIRD PART OF THAT THAT HELPED US WAS ALL OF YOU THAT HELPED US IN THE CITY TO GET TO THAT POINT.AND HE HAS BUILT AND GOING AND OPERATING. SO I'M GRATEFUL. I'M REALLY GRATEFUL FOR ALL OF YOU AND THE OPPORTUNITY THAT WE HAVE TO BE HERE IN IDAHO FALLS. SO THANK YOU, MAYOR. SO WHAT WE'RE GOING TO DO NOW AFTER HEARING ME TALK NONSTOP FOR THIS LONG, WE'RE GOING TO TAKE A QUICK FIVE MINUTE BREAK TO INVITE THE RECIPIENTS UP FOR A PICTURE. COUNCIL MEMBERS, PLEASE TRY TO FIND IT IN YOUR HEARTS TO FORGIVE ME FOR THIS LENGTHY AWARD CEREMONY, BUT THEY'RE ONLY ABOUT 450 OTHER PEOPLE WHO DESERVE SPECIAL RECOGNITION. WE LIVE IN A GREAT PLACE. SO WITH THAT, RECIPIENTS COME ON UP FOR YOUR AWARDS AND WE'LL GET A NICE PHOTO. WE ARE GOING TO CALL OURSELVES BACK INTO ORDER AND YOU'LL NOTE THAT THE LIGHT IS ON AND WE'RE BACK
[6. CONSENT AGENDA ]
TO STREAMING. SO THE VERY NEXT ITEM WOULD BE THE CONSENT AGENDA. AND THE CONSENT AGENDA IS RESERVED FOR THINGS THAT ARE ROUTINE IN NATURE. AND I MUST FIRST ASK BEFORE WE MOVE ON TO IF ANY COUNCIL, DO ANY OF THE COUNCIL MEMBERS PARTICIPATING IN THE MEETING HAVE A WISH TO REMOVE ANYTHING FROM THE CONSENT AGENDA FOR SEPARATE CONSIDERATION? OKAY. NOBODY ONLINE. ALL RIGHT. WELL THEN THE CHAIR WILL ENTERTAIN A MOTION AND I'M HAPPY TO TAKE.I'M NOT SORRY. LET ME BACK UP. I'M GOING TO INVITE OUR CITY CLERK TO READ THE CONTENTS OF THE CONSENT AGENDA INTO OUR RECORD. AND THEN THE CHAIR WILL ENTERTAIN A MOTION. AND BECAUSE COUNCILOR BURTENSHAW IS PARTICIPATING REMOTELY, ARE YOU GOING TO MAKE THAT MOTION? OKAY, SO COUNCILOR LARSON WILL DO THAT. SO, CITY CLERK, CAN YOU READ IT FOR US? THANK YOU.
FIRST, FROM THE OFFICE OF THE MAYOR, WE HAVE THE APPOINTMENT OF JIM FREEMAN TO THE GOLF ADVISORY BOARD, THE REAPPOINTMENT OF BILL COMEAU AND ROBERT NITSCHKE TO THE PARKS AND RECREATION COMMISSION, AND THE REAPPOINTMENT OF ROBERT SKINNER AND BRANT ROBERTSON TO THE WARBONNET ADVISORY COMMITTEE. FROM MUNICIPAL SERVICES, WE HAVE A BULK PURCHASE OF AMMUNITION FROM SALT LAKE WHOLESALE SPORTS FOR $107,190. THE PURCHASE OF A COMPACT WHEEL LOADER FROM INTERMOUNTAIN BOBCAT OF IDAHO FALLS FOR $89,595.71. SOFTWARE AND PROFESSIONAL SERVICES FROM VLKSM WITH ARCTIC WOLF FOR $104,802.50, AND THE TREASURER'S REPORT FOR OCTOBER OF 2025. FROM THE AIRPORT, WE HAVE THE NON-EXCLUSIVE RENTAL CAR CONCESSION AGREEMENT WITH OVERLAND WEST FOR $219,596.58 IN REVENUE, PLUS A 10% PRIVILEGE FEE, AND WE HAVE THE PEER TO PEER CAR SHARING AGREEMENT WITH TURO INC. FOR 10% OF ITS GROSS REVENUE FROM MY OFFICE, THE OFFICE OF THE CITY CLERK. WE HAVE CITY COUNCIL MEETING MINUTES FROM APRIL 26TH, 2024. WE HAVE THE NOVEMBER 2025 PERMITS AND LICENSES, WHICH INCLUDED 21 NEW, 18 RENEWED AND 15 CONTRACTORS. AND WE HAVE ALSO TO BE ATTACHED TO THE MINUTES. THE RESULTS OF THE REGULAR AND RUNOFF ELECTIONS HELD ON NOVEMBER 4TH
[01:05:04]
AND DECEMBER 2ND, 2025. VERY GOOD. THANK YOU FOR THAT INFORMATION, MR. LARSEN. I MOVE THAT COUNCIL APPROVE, ACCEPT OR RECEIVE ALL ITEMS ON THE CONSENT AGENDA. ACCORDING TO THE RECOMMENDATIONS PRESENTED. SECOND, WE HAVE MULTIPLE SECONDS AND YOU CAN PICK WHOEVER YOU'D LIKE. I'LL GIVE IT TO RADFORD WITH THAT CITY CLERK. I THINK WE ARE READY FOR A MOTION. THANK YOU. EXCUSE ME FOR A VOTE. GOTCHA. BURNSHAW. YES, FRANCIS. A FREEMAN. YES.LARSON. YES. RADFORD. AYE. MOTION CARRIES. THANK YOU VERY MUCH. ALL RIGHT. WE ARE NOW
[7.A.1) Resolution Establishing Standards for Greenbelt Maintenance]
GOING TO MOVE TO OUR REGULAR AGENDA. AND WE HAVE THE FIRST DEPARTMENT TO BRING IN BUSINESS BEFORE THE COUNCIL IS IDAHO FALLS POWER. I REPRESENTED TONIGHT BY INTERIM GENERAL MANAGER STEVEN BORMAN. AND THIS ITEM THAT THEY'RE BRINGING FORWARD IS A RESOLUTION THAT THE COUNCIL IS BEING ASKED TO CONSIDER AND HOPEFULLY ADOPT. AND WE'RE DISCUSSING MAINTENANCE OF THE GREENBELT. YES. THIS ONE'S BEEN THERE'S BEEN A LOT OF WORK IN THIS. SO IF THERE'S ANY HARD QUESTIONS ON THIS, YOU CAN ASK OUR PARKS AND RECREATION DIRECTORS AND SEE IF YOU FALL IN THAT. I'LL TAKE THE EASY ONES. THERE IS NUMBER. WHEREAS AT THE BEGINNING OF THAT, AND I WOULD LIKE TO READ THIS SECOND WORD AS TO SUMMARIZE, THIS IS THE BEST SAYS WHEREAS BECAUSE IDAHO FALLS POWER USES A SNAKE RIVER, A PUBLIC RESOURCE FOR POWER GENERATION, IT HAS A PHYSICAL IMPACT ON THE RIVER. AND I DON'T FAULT THE POWER.THEREFORE, AS A LEGAL REQUIREMENT UNDER FEDERAL ENERGY REGULATORY COMMISSION LICENSE TO PROVIDE RECREATION OPPORTUNITIES SURROUNDING ITS HYDRO PROJECTS AND MITIGATE THE IMPACTS THESE PROJECTS HAVE ON THE NATURAL ECOSYSTEM AND PUBLIC RIVER USAGE. SO THAT'S THAT'S THE ROOT OF THIS. THERE'S PARKS THAT THAT, YOU KNOW, THE CITY HAS IS ANY CITY WOULD AND THERE'S GREENBELT OBLIGATIONS THAT ANY ELECTRIC UTILITY USING HYDROELECTRIC FACILITIES WOULD HAVE TO MAINTAIN. SO THIS THIS IS TRYING TO HIT THAT BALANCE WHICH WE'VE WORKED GREAT DEAL AT. ANY QUESTIONS ON THAT. THAT'S THE RESOLUTION IS IS WHO DOES THE PAY FOR WHAT MAINTENANCE. AND I THINK WE PROBABLY GET THAT AFTER MEETING WITH THIS THIS RESOLUTION QUESTIONS. OKAY. AND I GUESS THE BULK OF OR THE GIST OF IT IS THAT RESOURCES ARE GOING TO BE TRANSFERRED FROM THE UTILITY WHO NEEDS TO MEET AN OBLIGATION INSTEAD OF YOU BECOMING PARKS AND RECREATION TYPE MANAGERS OF SPACE, YOU'LL USE OUR CITY'S DEPARTMENT EXPERTISE INSTEAD TO TO TAKE CARE OF THAT. SO IT'S A GREAT MARRIAGE BECAUSE YOU GET SOMETHING TAKEN CARE OF BY SOME, BY A DEPARTMENT FILLED WITH EXPERTS THAT CAN DO IT. YEAH, AND A LOT OF THEM DO IT. IT'S AN INFORMAL DOCUMENT. SO. YEAH. OKAY. ANY OTHER QUESTIONS, COUNSELOR? ANY COMMENTS? COMMENTS, PLEASE. COUNCIL FRANCIS AND COUNSELOR, I KNOW A LOT OF STAFF TIME WENT INTO GETTING THIS AND GETTING IT DONE RIGHT. AND THANK YOU VERY MUCH. AND I THINK IT REALLY HELPED THAT IT CLARIFIED SOME DEFINITIONS WE HAD FLOATING AROUND IN ABOUT 30 DIFFERENT PERMUTATIONS. BUT WE NOW KNOW WHAT THE GREENBELT MEANS AND WHAT THE PATHWAY MEANS. AND THAT WAS REALLY, I THINK, HELPFUL FOR US GOING FORWARD.
AND I ALSO THINK IT'S GOOD THAT IT MESHES SO WELL WITH THE LICENSING OF OUR GENERATION PROJECT IN THE CITY. YEAH. THANK YOU. WE ARE IN THE MIDDLE THAT RELICENSING. WE EXPECT THAT IN 2028. SO COUNCILOR LARSON, DID YOU HAVE A COMMENT? OKAY. WELL, WE HAVE A LOT OF COUNCIL MEMBERS WHO ARE NOT HERE. BUT COUNCILOR FRANCIS, WOULD YOU BE WILLING TO MAKE THAT MOTION FOR US? YES. NO QUESTION. I MOVE. COUNCIL APPROVED THE RESOLUTION AUTHORIZING THE IDAHO FALLS POWER TO CONTRIBUTE 10% OF ITS ANNUAL GROSS HYDRO GENERATION VALUE TO THE PARKS AND REC FOR GREENBELT MAINTENANCE AND IMPROVEMENTS WITHIN THE FERC, FERC PROJECT BOUNDARY, AND AUTHORIZE THE MAYOR AND CITY CLERK TO EXECUTE ALL NECESSARY DOCUMENTS. THANK YOU. YOU HAVE A SECOND. SECOND. THANK YOU. A COUPLE OF THINGS. WE HAVE A SECOND FROM COUNCILOR FREEMAN AS WELL. WE PROBABLY SHOULD CLARIFY WHAT FERC STANDS FOR, AND I'M GOING TO MESS IT UP. THE FEDERAL ENERGY REGULATORY COMMISSION. COMMISSION. YES. SO THE FEDERAL ENERGY REGULATORY COMMISSION HAS A NUMBER OF FUNCTIONS, BUT ONE OF WHICH IS IS LICENSING DAMS AND PROVIDING FOR DAM SAFETY AND THAT PROCESS. SO IN THIS CASE, IT'S A FEDERAL ENERGY REGULATORY DAM SAFETY DIVISION AND LICENSING BRANCH. THEY ALSO DO. YEAH. SO THANK YOU FOR CLARIFYING THAT. THE SECOND THING IS THAT I. THE BEFORE I CALLED FOR THE MOTION, I NEGLECTED TO SEE IF ANY OF OUR COUNCIL MEMBERS ONLINE HAD ANY COMMENTS OR THEY WANTED TO SHARE ANYBODY WANTING TO WEIGH I WAS I WOULD JUST MENTION ECHO WHAT COUNCILOR FRANCIS SAID,
[01:10:04]
THE SPEED AT WHICH STAFF GOT THIS RESOLUTION BEFORE US IS INCREDIBLE. THEY DID A LOT OF WORK ON THIS AND THANK THEM VERY MUCH FOR. WONDERFUL. THANK YOU FOR SAYING THAT. AND WITH THAT, WE WILL TURN TO OUR CITY CLERK FOR A VOTE. FRANCIS I. FREEMAN. YES. LARSON. YES.RADFORD. NAY. BURTENSHAW. YES. MOTION CARRIES. OKAY. THANK YOU. WITH THAT, WE HAVE THE NEXT
[7.B.1) Local Professional Services Agreement with Horrocks Engineers in support of the Holmes Avenue, Sunnyside Road to Taylorview Improvement Project 25-499 ]
DEPARTMENT THAT HAS BUSINESS BEFORE US IS PUBLIC WORKS. AND THEY HAVE TWO ITEMS. THE FIRST ONE, EXCUSE ME. OUR PUBLIC WORKS DIRECTOR, CHRIS FREDERICKSON, IS HERE. THIS FIRST ITEM, HE'S COMING FORWARD TO TALK ABOUT A LOCAL PROFESSIONAL SERVICES AGREEMENT THAT WE'RE GOING TO PUT INTO PLACE, PERHAPS WITH HORROCKS ENGINEERS. DO YOU WANT TO TALK A LITTLE BIT MORE ABOUT THAT? DO YOU HAVE. THANK YOU, MAYOR COUNCIL, FOR THE OPPORTUNITY TO BE HERE. AS MENTIONED, THIS FIRST ITEM FOR PUBLIC WORKS IS A LOCAL PROFESSIONAL SERVICES AGREEMENT WITH ENGINEERS, AND THAT'S TO DEVELOP ONE OF THE PROJECTS THAT WE HAVE IN THE FEDERAL AID PROGRAM TO THE BONNEVILLE METROPOLITAN PLANNING ORGANIZATION. BUT IT IS THE EXPANSION OF HOLMES AVENUE, AND I BELIEVE WE HAVE A VICINITY MAP. THANK YOU VERY MUCH FOR THAT. THAT SHOWS KIND OF WHERE THAT'S AT, BUT IT'S ACTUALLY AN IMPROVEMENT PROJECT THAT WILL EXIST SOUTH OF SUNNYSIDE, DOWN TO TAYLOR VIEW MIDDLE SCHOOL. SO TO WIDEN THAT ARTERIAL ROADWAY, THE INTENT OF THE PROJECT IS TO URBANIZE THAT. SO FULL SIDEWALK, CURB AND GUTTER AND LIGHTING ON THE ONE SIDE, WE STILL HAVE A NUMBER OF COUNTY PROPERTIES ON THE EASTERN SIDE. SO WE'RE GOING TO DO AS MUCH IMPROVEMENT AS WE CAN BASED ON RIGHTS OF WAY THAT WE HAVE. BUT OUR HOPE IS TO HAVE THAT ARTERIAL CORRIDOR COMPLETED WITHIN THOSE LIMITS OF THINGS. BUT THE WORK THAT'S BEEN NEGOTIATED IS WILL ACTUALLY BE PAID FOR IN THE AMOUNT OF $443,874. IT REQUIRES A MATCH RATE OF 7.34%, OR $32,580. AND THE WORK TO COMPLETE THIS WILL TAKE ABOUT 12 MONTHS. BUT I DO WANT TO POINT OUT FOR THE FEDERAL AID PROJECT, IT DOES TAKE SOME TIME TO DEVELOP THESE TYPES OF PROJECTS. THE CONSTRUCTION FUNDING FOR THIS IS ACTUALLY SPLIT IN 2030 AND 2031. AS WE GO THROUGH THAT BUDGETING PROCESS AND GET CLOSER TO THE CONSTRUCTION TIMELINE, WE HOPE TO HAVE THAT CONSTRUCTION FUNDING ALL IN THE SAME YEAR. SO THE ANTICIPATED COST OF CONSTRUCTION IS JUST UNDER $3.4 MILLION. IF YOU HAVE BEEN ANSWERING QUESTIONS, IF THERE ARE. JUST A COMMENT, I JUST THINK THIS IS ALWAYS A GOOD TIME TO POINT OUT HOW MUCH OF A VALUE WE GET IN THE BEING THAT WE LIVE IN A STATE OF IDAHO WHERE WE GET A NICE FEDERAL MATCH. DO YOU WANT TO DESCRIBE THE DIFFERENCE BETWEEN THE STATE OF IDAHO AND WHAT THE OTHER STATES OFTEN GET? WELL, I THINK PROBABLY IN THE SURFACE TRANSPORTATION PROGRAM, ONE THING TO POINT OUT FOR THE STATE IS WE'RE FOR CEDAR STATE, MORE SO THAN A DONOR STATE. THERE'S A NUMBER OF STATES WITH THE AMOUNT OF TAX MONEY THAT ARE TAX THAT ARE RECEIVED THROUGH GAS TAXES FROM WHAT THEY SEND TO WASHINGTON, DC AND WHAT THEY GET BACK. IT'S ACTUALLY LESS THAN WHAT THEY CONTRIBUTE. TEXAS AND CALIFORNIA ARE SOME OF THOSE STATES, WHEREAS THE STATE OF IDAHO, BASED ON MILEAGE AND OTHER THINGS, WE ACTUALLY RECEIVE MORE MONEY THAN WE CONTRIBUTE IN OUR GAS TAXES. SO THAT IS A BENEFIT TO OUR COMMUNITY AND OTHERS AROUND THE STATE, AND THE BENEFIT OF PLANNING LONG RANGE AND BEING ABLE TO TAKE ADVANTAGE OF THOSE DOLLARS. AND IT DOES TAKE TIME. AND THIS CAN ENGINEERING WORK IS NOT INEXPENSIVE. AND SO THIS IS AN AMAZING VALUE TO OUR TAXPAYERS TO SAY, YEAH, I THINK WHEN YOU HEAR THOSE DOLLAR FIGURES ASSOCIATED WITH THAT, THAT'S A LARGE AMOUNT OF MONEY TO DEVELOP A PROJECT THAT THE FEDERAL PROCESS IS MORE CUMBERSOME, IF YOU WILL, A LOT MORE THINGS TO HAVE TO BE ACCOUNTED FOR. BUT WHEN WE EVALUATE THESE TYPES OF PROJECTS, YOU'RE USUALLY IN THE VICINITY OF 50% OF THE CONSTRUCTION COSTS FOR THE DEVELOPMENT OF THE PROJECT. AND IN THIS PARTICULAR SITUATION, WE'RE RIGHT IN THAT BALLPARK. IT SEEMS LIKE IT'S AROUND 13%.THAT'S NEGOTIATED. SO SO HERE WE ARE IN 2025, AND WE'RE JUST MOVING FORWARD WITH PARTNERING WITH HORROCKS TO DO THE DESIGN WORK THAT LEADS TO THE, YOU KNOW, OBTAINING THE RIGHTS OF WAY THAT LEADS TO THE DESIGN, THEN THE OR SORRY, EVENTUALLY, AS YOU MENTIONED, IN 20, 30, 31 LEADING TO CONSTRUCTION. SO THAT'S A LONG PROCESS FOR SOME WHO WOULD SAY, WELL, THAT ROAD WAS NEEDED. YOU KNOW, YESTERDAY IT BUT IF WE'RE ONLY PAYING 15% SHOULDERING AND FIGHTING MONEY, THAT OTHER 85% WOULD TAKE MUCH LONGER THAN THE FIVE YEARS WE WOULDN'T BE ABLE TO TO DO THAT KIND OF A PROJECT WITHOUT FEDERAL HELP. AND THESE ARE THE FEDERAL TIMELINES. BUT CAN YOU TALK TO THE THE TIMELINESS OF IT? IS THIS SOMETHING THAT WAS SLOW FOR A REASON, OR IS IT A
[01:15:04]
PROJECT THAT WASN'T RIPE UNTIL NOW? WELL, I THINK ANYTIME YOU LOOK AT MAJOR INFRASTRUCTURE PROJECTS, UNFORTUNATELY THERE'S LESS FUNDING THAN THE NEEDS ARE. WE TRY TO SUPPLEMENT THAT WITH OUR IMPACT FEES TO DEVELOP ARTERIAL ROADWAYS, WHICH IF THAT'S A HUGE PORTION OF THAT, OUR UTILIZATION OF FEDERAL FUNDING IS ALSO PART OF THAT STUDY TO TRY TO STAND UP 25% OF THOSE TYPES OF IMPROVEMENTS. BUT THERE ARE STRINGS ATTACHED WITH THOSE WITH THOSE MONIES.AND AS YOU MENTIONED, WE REALLY PAY $0.07 ON THE DOLLAR. FOR EVERY DOLLAR THAT WE SPEND IN FEDERAL AID, WE GET WE HAVE TO PAY $0.07 OF THAT. SO IT IS A GREATER RETURN FOR THAT INVESTMENT. BUT IN ORDER TO UTILIZE THAT, IT DOES TAKE AN ADDITIONAL AMOUNT OF TIME. AND WE'LL WE'LL CHAT ABOUT THAT AS ANOTHER PROJECT SUBMITTAL IN THIS NEXT ITEM AS WELL. BUT, BUT IT IS SUCH A BENEFIT THAT I THINK IN USING THOSE FEDERAL FUNDS THAT WAITING FOR THAT ACTUALLY MAKES A GREAT DEAL OF SENSE AND HELPS THE COMMUNITY STAND UP THAT INFRASTRUCTURE.
THANK YOU. AND I'M GLAD YOU POINTED IT. PUT IT IN THOSE TERMS. I'M I'M A COUPON CLIPPER FROM MY EARLY DAYS OF BEING ON MY OWN. AND I WOULD STAND IN LINE ALL DAY LONG TO SAY TO ONLY TO BUY SOMETHING THAT WHERE I ONLY PAID $0.07 ON THE DOLLAR, THAT'S A REAL BIG DEAL.
SO THANK YOU FOR THAT. ANY OTHER COMMENTS OR QUESTIONS? ALL RIGHT. I WILL TURN TO COUNCILOR BRADFORD FOR THE MOTION. I WOULD MOVE TO APPROVE THE PROFESSIONAL SERVICE AGREEMENT WITH HORROCKS ENGINEERING AND AUTHORIZE THE MAYOR TO EXECUTE THE DOCUMENTS.
SECOND. ALL RIGHT. WE HAVE A MOTION AND WE ARE. THAT'S VALID AND READY TO GO. CITY CLERK, WILL YOU CONDUCT THE VOTE? FREEMAN. YES. BRADFORD. HI, BURTENSHAW. YES, FRANCIS I.
[7.B.2) Resolution for Grant Application to Rehabilitate the Lincoln Road Bridge over the Idaho Canal 25-500 ]
LARSON. YES. MOTION CARRIES. VERY GOOD. THANK YOU. ALL RIGHT. LET'S MOVE ON TO TALK ABOUT THE SECOND PROJECT. WELL THANK YOU. YEAH. THE SECOND ITEM FROM PUBLIC WORKS THIS EVENING IS A RESOLUTION REQUIRED TO SUBMIT AN APPLICATION. AND THAT'S FOR FEDERAL FUNDING TO COMPLETE BRIDGE IMPROVEMENTS ON THE LINCOLN ROAD BRIDGE OVER THE IDAHO CANAL. THIS RESOLUTION REALLY IS SOUGHT FROM DELTAK TO ENSURE THAT THE PUBLIC ENTITY RECOGNIZES THAT THEY SEEK THESE FEDERAL FUNDS. THERE IS A MATCH REQUIREMENT AND TO PUT THAT FORWARD IN A RESOLUTION. SO AS PART OF THIS APPLICATION, IF APPROVED TONIGHT, WE ARE SEEKING 2.6 MILLION IN FEDERAL FUNDING THAT WILL REQUIRE $190,840 IN MATCH, WHICH IS ALSO 7.34%. AND IN ORDER TO DO THAT, AS I'VE MENTIONED, THE TIMING ASSOCIATED WITH THAT, IF WE ARE APPROVED, THE EARLIEST WE WOULD HAVE CONSTRUCTION FUNDING AVAILABLE TO US WOULD BE 2033. SO AGAIN, YOU IDENTIFY A NEED. IT ACTUALLY GETS PUT OUT IN THE FURTHEST YEAR IN THE PROGRAM THAT THAT'S 2033. SO THESE FEDERAL AID PROJECTS THEY DO TAKE SOME TIME TO DEVELOP. AND THEN ALSO FOR THAT CONSTRUCTION FUNDING TO BE AVAILABLE TO US, I WOULD MENTION, YOU KNOW, IF THOSE TIMELINES ARE SOMETHING THAT OUR COMMUNITY HAS FUNDING TO PAY FOR IN ADVANCE, WE CAN SEEK AN ADVANCE CONSTRUCTION WHERE WE PAY THAT MONEY UP FRONT AND THEN CAN REACH THAT REIMBURSEMENT AT SOME POINT IN THE FUTURE. SO HAVING PLANS DEVELOPED AND READY TO GO HELPS US HAVE THE OPPORTUNITY TO BE ABLE TO ADVANCE CONSTRUCTION OF SOME OF THESE ITEMS. SO STARTING THAT DESIGN WORK, SIMILAR TO WHAT WE DID WITH THE LAST ITEM, PUTS US IN A PRETTY GOOD POSITION TO UTILIZE THE ADVANCED CONSTRUCTION. IF THAT'S SOMETHING THAT WE DEEM WE NEED. VERY GOOD. THAT'S A GOOD FEATURE. DO WE HAVE ANY COMMENTS INPUT FROM COUNCIL QUESTIONS? ONE QUESTION THAT I DON'T THINK YOU'LL BE ABLE TO ANSWER TONIGHT, BUT I WOULD LOVE TO GET THIS NUMBER AT SOME POINT IN THE FUTURE. AND THAT IS NOW THAT WE ARE COLLECTING IMPACT FEES. AND THE ROAD IMPACT FEES ARE THE LARGEST MAJORITY OF THAT. I WOULD LOVE TO KNOW HOW MUCH OF OUR BACKLOG WE'RE MAKING OUT. YOU KNOW, WE'RE ABLE TO KIND OF MAKE SURE THAT WE'RE PAYING FOR THE GROWTH THAT IS NECESSARY, BECAUSE NOW WE CAN SPEND THE MONEY ON MAINTENANCE THAT HAS MAINTENANCE COSTS. WE CAN SPEND THE MAINTENANCE ON MAINTENANCE INSTEAD OF ON WHAT WAS GROWING. SO SOME IF YOU HAVE AN ESTIMATE, THAT'S FINE TOO. BUT I JUST I'M FASCINATED BY HOW MUCH THAT'S HELPING OR HURTING OR WHATEVER, I THINK. I THINK THE POINT THAT I WOULD MAKE TO THAT WOULD BE HAPPY TO TO HAVE A CONVERSATION WHENEVER THE KIND OF DETAIL THAT EVEN MORE SO, BUT AS PART OF THE IMPACT FEE STUDY CAME ABOUT, THEY ACTUALLY LOOKED AT THE NUMBER OF ARTERIAL MILES THAT EXISTED IN 2022. IN THAT STUDY WAS INITIATED. AND THEN IT IT BASICALLY PLANS THAT FORWARD. AS FAR AS THAT POPULATION CONTINUES TO GROW, SO DOES THE ARTERIAL LANE LINES. AND SO THAT'S TRYING TO KEEP UP. WE'RE BASICALLY KEEP THAT SAME LEVEL OF SERVICE THAT EXISTED IN 2022. THAT'S THE INTENT OF THAT. BUT WE CAN DEFINITELY TALK ABOUT PROPOSED PROJECTS AND HOW WE INTEND TO GET THERE. BUT WE'D BE HAPPY TO DO THAT.AWESOME. I'LL MAKE A MOTION. ANYBODY ONLINE FIRST HAVE ANY COMMENTS OR QUESTIONS? OKAY.
THEN WE'LL TURN TO COUNCILOR BRADFORD. I WOULD MOVE TO APPROVE THE RESOLUTION REQUIRED AS PART OF THE GRANT APPLICATION SUBMISSION FOR FEDERAL FUNDS TO REHAB THE
[01:20:01]
LINCOLN ROAD BRIDGE OVER THE IDAHO CANAL, AND AUTHORIZE THE MAYOR AND CITY CLERK TO SIGN THE DOCUMENT. SECOND CITY CLERK, WE'RE READY FOR A VOTE, PLEASE. LARSON. YES, FRANCIS. A BURTENSHAW. YES. FREEMAN. YES. BRADFORD. AYE. MOTION CARRIES. VERY GOOD. THANK YOU. MOVING ON TO THE NEXT DEPARTMENT THAT HAD BUSINESS BEFORE THE COUNCIL. WE HAVE COMMUNITY DEVELOPMENT SERVICES DIRECTOR WADE SANTORE IS HERE FOR WHEN THERE ARE QUESTIONS FOR PRESENTATIONS.[7.C.1) Final Plat and Reasoned Statement of Relevant Criteria and Standards, Idaho Traffic Safety, Division No. 1. 25-503 ]
BUT THE FIRST ITEM THAT WE HAVE IS A WHAT'S KNOWN AS A FINAL PLAT APPROVAL. AND COUNCIL MEMBERS, WE TYPICALLY DO THIS WITHOUT ANY INPUT FROM THE DIRECTORS. SO COUNCILORS LARSON AND BRADFORD, ARE THERE ANY INPUTS YOU WOULD LIKE TO SHARE ABOUT WHICH ONE OF YOU IS GOING TO INTRODUCE THE ITEM? IT'S PRETTY STRAIGHTFORWARD. IT WAS. I REMEMBER IT WAS OVER. I MEAN, EVERYTHING'S LINED UP STRAIGHT. IT'S GONE THROUGH. YEAH. COMMISSION. PLANNING COMMISSION IS IN GOOD SHAPE. AND I DON'T THINK THERE'S ANYTHING PARTICULARLY NOTEWORTHY ABOUT IT. OKAY, SO THIS PROPERTY THAT WE'RE TALKING ABOUT WILL BE IDENTIFIED IN THE MOTION. IS THERE ANYTHING UNIQUE ABOUT THE LOCATION OR PARTIAL THE PARCEL. WHERE DOES THE NAME COME FROM? IS IT A BUILDING PUT UP BY A TRAFFIC SAFETY COMPANY OR SOMETHING OR. OKAY. THANK YOU.DIRECTOR. THE NAME COMES FROM THE COMPANY. THE COMPANY'S NAME IS IDAHO TRAFFIC SAFETY. THEY PRIMARILY DEAL WITH. PYLONS, BUT THAT'S THE ONLY TERM. BUT CONES AND AND. YEAH, THROUGHOUT CONSTRUCTION ZONES. SO THEY STORE EXCESSIVELY ON SITE AS WELL FOR THEIR TRUCKS AND OTHER THINGS. BUT THAT'S THE NAME IS THEY COMPANY? YEAH. THEY'RE LOCATED RIGHT NOW I THINK ON THE REAL EAST END OF SUNNYSIDE SITE RELOCATING DOWN THERE AND THEY'VE JUST OUTGROWN, I THINK THEIR THEIR CURRENT FACILITY. SO OKAY, OKAY. COMMUNITY TRIVIA THERE. ALL RIGHT. I'M READY TO ENTERTAIN A MOTION IF WE'RE READY FOR IT. I MOVE THAT COUNCIL ACCEPT OR APPROVE THE FINAL PLAT FOR IDAHO TRAFFIC SAFETY DIVISION NUMBER ONE AND GIVE AUTHORIZATION TO THE MAYOR, CITY ENGINEER, AND CITY CLERK TO SIGN THE FINAL PLAT. SECOND. ALL RIGHT, CITY CLERK, WE ARE READY FOR THAT VOTE. BRADFORD. HI. LARSON. YES, BURTENSHAW. YES, FRANCIS I. FREEMAN. YES.
MOTION CARRIES. ALL RIGHT. HOW ABOUT THE MOTION FOR THE REASON STATEMENT? I MOVE THAT COUNCIL APPROVE THE REASON STATEMENT. RELEVANT CRITERIA AND STANDARDS FOR THE FINAL PLAT FOR IDAHO TRAFFIC SAFETY DIVISION NUMBER ONE. AND GIVE AUTHORIZATION FOR THE MAYOR TO EXECUTE THE NECESSARY DOCUMENTS. SECOND. VERY GOOD. CITY CLERK. WILL YOU CONDUCT A VOTE ON THAT MOTION, PLEASE? FREEMAN. YES, FRANCIS I BRADFORD I BURTENSHAW. YES. LARSON. YES. MOTION CARRIES.
[7.C.2) Legislative Hearing for Consideration of an Ordinance approving the Urban Renewal Plan for the Riverwalk Urban Renewal District 25-495 ]
VERY GOOD. THANK YOU. ALL RIGHT. THE NEXT ITEM IS A HEARING THAT WE MUST HAVE. AND THIS IS RELATED TO SOMETHING THAT WE'VE BEEN SEEING A LOT ON OUR AGENDA IN THE LAST COUPLE OF MONTHS, AND THIS HAS TO DO. AND I GUESS WE'RE AT THE VERY FINAL STEP OF THE CREATION OF THE SORRY URBAN RENEWAL DISTRICT THAT WILL BE KNOWN AS THE RIVERWALK URBAN RENEWAL DISTRICT. AND SO WE'RE GOING TO GO AHEAD AND DECLARE THIS HEARING TO BE OPEN. WE'RE GOING TO DECLARE ALL MATERIALS PRESENTED AND TESTIMONY GIVEN TO BE PART OF THE HEARING RECORD. AND I'M GOING TO INVITE STAFF TO GIVE A PRESENTATION. AND THEN AFTER WHICH I GUESS WE'LL TAKE COMMENTS FROM ANY MEMBERS OF THE PUBLIC WHO WISH TO WEIGH IN ON THE DIRECTION THAT THE WE'RE CONTEMPLATING GOING. SO, DIRECTOR STANTON MAYOR, JUST SO YOU'RE AWARE, WE DO HAVE MEGAN CONRAD, THE ATTORNEY ON TEAMS AS WELL. OKAY. SO AND IS CONRAD HAS BEEN ONE OF THE EXPERTS WHO HAS CONTRIBUTED TO THIS. WE HAVE ANOTHER ROOM. SO I'LL LET YOU INTRODUCE THE APPROPRIATE PARTIES. THANK YOU. MAYOR AND COUNCIL I WON'T BE SPEAKING TOO LONG, BUT YES, I'M HERE IN IN MY ROLE AS INVOLVING THE IDAHO FALLS REDEVELOPMENT AGENCY. WHAT'S BEFORE YOU THIS EVENING IS A LEGISLATIVE HEARING TO. FOR AN ORDINANCE TO APPROVE THE CREATION OF AN URBAN RENEWAL PLAN OR URBAN RENEWAL DISTRICT FOR THE RIVERWALK URBAN RENEWAL DISTRICT. YOU'LL SEE A NUMBER OF ITEMS THAT ARE ATTACHED IN YOUR PACKET. I JUST WANTED TO BRIEFLY NOTE THAT THIS ITEM WENT TO THE IDAHO FALLS REDEVELOPMENT AGENCY ON OCTOBER 16TH OF 2025, AND WAS APPROVED, AS ANTICIPATED, THAT THIS PLAN WOULD BE IN EFFECT FOR. IT'S A 20 YEAR PLAN. AS EMILY, OUR[01:25:06]
CITY CLERK, ALREADY STATED, MAKING CONRAD FROM BURKE IS WITH US AS WELL. THE CONSULTANT FOR THIS PROJECT IS IS MR. BRAD KRAMER FROM PERSPECTIVE PLANNING, AND HE ACTUALLY WILL BE GIVING A PRESENTATION ON THIS ITEM. VERY GOOD. SO ANY QUESTIONS FOR ME? OKAY. WELL THANK YOU, MR. AND MISS CONRAD, WE'LL HAPPILY TURN TO YOU FOR THE INPUT THAT YOU WANT TO PROVIDE TO US TONIGHT. THANK YOU, MADAM MAYOR. I APPRECIATE IT. AND COUNCIL MEMBERS. ALL RIGHT. I WILL JUST JUMP RIGHT INTO IT. SO WHAT YOU HAVE BEFORE YOU IS THE URBAN RENEWAL PLAN FOR THE RIVERWALK URBAN RENEWAL PROJECT. I DID WANT TO MAKE A COMMENT FIRST. SO I WILL PRESENT THE PLAN. AND THEN THERE'S A PORTION OF THE SLIDES THAT ADDRESSES THE ECONOMIC FEASIBILITY STUDY, WHICH MR. KRAMER WILL BE PRESENTING ON, AND THEN HE'LL TURN IT BACK OVER TO ME FOR JUST A FEW CLOSING COMMENTS. I KNOW THE HOUR IS LATE, SO I WILL MOVE QUICKLY THROUGH THESE SLIDES. IT'S A FAMILIAR FORMAT, AND I'M HAPPY TO ANSWER ANY QUESTIONS AS WE RUN THROUGH THEM. SO THE PROJECT AREA BOUNDARY ITSELF IS APPROXIMATELY TEN ACRES. IT'S A PRETTY SMALL DISTRICT. IT'S GENERALLY LOCATED WEST OF THE SNAKE RIVER, EAST AND ADJACENT TO PINKERI DRIVE. A LITTLE BIT IS ALSO NORTH OF PANCARI, SOUTH OF BROADWAY AVENUE, AND IT'S NORTH AND EAST OF THE EXISTING RIVER COMMONS PROJECT AREA. THESE PARCELS THAT WE'RE TALKING ABOUT TWO WERE ALSO ORIGINALLY PART OF THE SNAKE RIVER PROJECT AREA THAT WAS IN EXISTENCE FROM 1988 TO 2018, BUT THESE PROPERTIES NOT DEVELOPED DURING THE LIFE OF THAT DISTRICT. THE RIGHTS OF WAY THAT ARE IN THE STUDY AREA BOUNDARY INCLUDE PORTIONS OF BRIDGEPORT DRIVE AND UTAH AVENUE. ALL OF THESE PARCELS ARE LOCATED IN THE CITY. NEXT SLIDE. SO AS WE'D LIKE TO SHOW, THESE ARE THE SIGNIFICANT DEADLINES, THE ACTIONS THAT HAVE TAKEN TO GET THIS PLAN BEFORE YOU. TODAY. WHEN WE TALK ABOUT URBAN RENEWAL PLANNING, WE DIVIDE IT INTO TWO PARTS. ONE IS THE ELIGIBILITY PHASE THAT LOOKS AT THE EXISTING CONDITIONS OF THE REAL PROPERTY AND MAKE CERTAIN FINDINGS AS TO WHETHER CERTAIN CONDITIONS ARE PRESENT THAT MEET THE STATUTORY REQUIREMENTS FOR ELIGIBILITY. SO THAT WAS THAT REPORT WAS ORIGINALLY APPROVED BY THE AGENCY BOARD AND THEN TRANSMITTED TO THE CITY COUNCIL FOR ITS CONSIDERATION. THAT FINDING OF ELIGIBILITY WAS MADE IN JULY. AND AT THAT TIME, THE CITY COUNCIL DIRECTED THE AGENCY TO PREPARE THE URBAN RENEWAL PLAN FOR THE AREA. AS MR. SANTER INDICATED, THE AGENCY CONSIDERED THE PLAN AND APPROVED IT AT ITS MEETING ON OCTOBER 16TH. IT WAS TRANSMITTED FORMALLY TO THE CITY. THE PLANNING COMMISSION REVIEWED THE PLAN FOR ITS CONFORMITY WITH THE CITY'S COMPREHENSIVE PLAN AT ITS MEETING ON NOVEMBER 5TH. NOVEMBER 14TH. THE FULL PACKAGE AT THE AGENCY RESOLUTION, THE PLAN AND THE NOTICE OF THIS PUBLIC HEARING WERE TRANSMITTED TO ALL OF THE AFFECTED TAXING DISTRICTS, AND A NOTICE WAS PUBLISHED IN THE POST REGISTER, AS WELL AS A SECOND PUBLICATION ON THE 28TH. AND THAT BRINGS US TO THE PUBLIC HEARING BEFORE YOU TODAY. NEXT SLIDE. HERE ARE THE PLAN ELEMENTS THAT ARE SET FORTH BY STATUTE IN 52,905. UNDER EACH OF THOSE ELEMENTS, YOU WILL SEE THAT WE CITED THE SPECIFIC SECTION WHERE YOU CAN FIND CONFORMITY OR COMPLIANCE WITH THAT REQUIREMENT IN THE PLAN DOCUMENT ITSELF. MOST OF THESE PLAN CONDITIONS ARE MET IN THE SECTION 500 OF THE PLAN, WHICH ADDRESSES REVENUE ALLOCATION, FINANCING PROVISIONS, AS WELL AS WHAT WE REFER TO AS ATTACHMENT FIVE, WHICH IS THE ECONOMIC FEASIBILITY STUDY, WHICH IS ITSELF A REQUIREMENT OF THE PLAN. I'LL JUST CALL OUT A COUPLE OF THESE AS WE MOVE THROUGH. BUT ONE OF THEM IS WE TALK ABOUT WHAT IS THE FISCAL IMPACT OF THESE PROJECTS ON THE OVERLAPPING TAXING DISTRICTS. AND IT'S IT'S NOT AN IMPACT ON ON THE BUDGET. IT'S MORE OF AN IMPACT IN TERMS OF WHAT WE REFER TO AS DEFERRED RECEIPT OF BENEFITS FROM NEW CONSTRUCTION BEING ON THE TAX ROLLS DURING THE LIFE OF THE DISTRICT, THAT RECOGNITION OF THAT INCREASE IN VALUE FROM THE WORK WITHIN THE DISTRICT ISN'T REALIZED IN OVERLAPPING BUDGETS ON THE NEW CONSTRUCTION ROLL UNTIL TERMINATION. AND THEN WHEN WE TALK ABOUT THE DESCRIPTION OF METHODS OF FINANCING, HOW ARE WE GOING TO OPERATE UNDER THIS[01:30:04]
PLAN? AND WE'VE OUTLINED THAT IN SECTIONS 303, 304, 309, AND THEN A NUMBER OF SECTIONS IN 500, AS WELL AS ATTACHMENT FIVE. AND THESE ADDRESS OUR RELATIONSHIPS WITH DEVELOPER DEVELOPERS THROUGH OWNER PARTICIPATION AGREEMENTS, WHICH ARE REIMBURSEMENTS FOR CERTAIN ELIGIBLE COSTS FOR PUBLIC INFRASTRUCTURE THAT HAS BEEN INSTALLED BY THE DEVELOPER AND REIMBURSED OVER THE LIFE BASED ON TAXES FROM THAT NEW DEVELOPMENT VALUE. THE TERMINATION DATE OF THIS PLAN, IT IS A 20 YEAR PLAN, IF APPROVED, AND IT WOULD BE DECEMBER 31ST OF 2045, RECOGNIZING THE AGENCY COULD RECEIVE FUNDS IN THE YEAR FOLLOWING TERMINATION. NEXT SLIDE. WHAT ARE THE ELEMENTS OF THE PLAN IS TO MAKE A DETERMINATION ON THE 10% TEST, WHICH REQUIRES THAT ALL OR ALL BASIS ASSESSMENT ROLLS OF EXISTING REVENUE ALLOCATION AREAS, PLUS THE PROPOSED BASE VALUE OF THE NEW AREA COMBINED, CANNOT EXCEED 10% OF THE TOTAL TAXABLE VALUE OF THE CITY. AND LOOKING AT THOSE NUMBERS, THE NUMBERS FROM MARCH 2025 WERE USED IN PREPARATION OF THE ELIGIBILITY STUDY AND PLAN.THIS PROJECT IS GOING TO BE WELL WITHIN THE TOTAL 10% LIMITATION HERE. NEXT SLIDE.
AND HERE IS A BREAKOUT OF THE EXISTING DISTRICTS AND AND THOSE THAT WERE RECENTLY WORKING THEIR WAY THROUGH THE PROCESS. YOU CAN SEE THE TOTALS OF ALL OF THOSE BASE VALUES ARE $108 MILLION, WHICH IS WELL WITHIN THE $810 MILLION FIGURE, WHICH IS THE 10% TEST LIMIT.
NEXT SLIDE. HERE'S THE LIST OF THE OVERLAPPING TAXING DISTRICTS. YOU'LL SEE THAT THE BONNEVILLE COUNTY AMBULANCE DISTRICT IS ITALICIZED. THERE WAS A CHANGE TO THE IDAHO CODE THAT REQUIRES FOR AN AMBULANCE DISTRICT TO BE SUBJECT TO THE FINANCING PROVISION. IT HAS TO HAVE APPROVED A RESOLUTION BY CONSENT TO BE INCLUDED WITHIN THE BOUNDARIES OF THE, OR SUBJECT TO THE PROVISIONS OF THIS DISTRICT. THE AMBULANCE DISTRICT HAS NOT ADOPTED A RESOLUTION, AND SO, FOR PURPOSES OF THE STUDY AND MOVING FORWARD, IS CONTEMPLATED, THAT THAT TAXING DISTRICT WILL NOT BE SUBJECT TO THE FINANCING PROVISIONS MOVING FORWARD. I'VE ALSO ITALICIZED THE SCHOOL DISTRICT AS THOSE LEVIES DO NOT TYPICALLY DRIVE REVENUE FOR URBAN RENEWAL AGENCIES, ESPECIALLY IDAHO FALLS. HOWEVER, SOMETIMES THERE IS A SMALL TORT LEVY THAT COULD. BUT THERE WAS NOT ONE IN PLACE WHEN THIS PLAN WAS PREPARED, SO THERE SHOULD BE NO LEVIES FROM THE SCHOOL DISTRICT GOING INTO THIS PROJECT AREA AT THIS TIME. NEXT SLIDE. OKAY. I WILL TRANSITION THIS OVER TO BRAD KRAMER, IF THAT'S OKAY, TO WALK THROUGH THE ECONOMIC FEASIBILITY STUDY. WELCOME TO THE PODIUM. THANK YOU. GOOD EVENING, MAYOR AND COUNCIL. IT'S A PLEASURE TO BE HERE. AND THANK YOU, MEGAN, FOR INTRODUCING THE PLAN. AS MEGAN MENTIONED, I'LL JUST COVER THE ECONOMIC FEASIBILITY PORTION OF THE REQUIRED ELEMENT OF AN URBAN RURAL DISTRICT. THE GOAL IS REALLY TO TAKE A LOOK, TO MAKE SURE THAT THE ANTICIPATED REVENUES GENERATED BY TAX INCREMENT, THE TAX INCREMENT VALUES, ARE SUFFICIENT TO COVER THE OTHER ELIGIBLE PROJECTS. ONE THING I WOULD POINT OUT BEFORE I GO INTO THE REST OF THE SLIDES IS THAT AS YOU LOOK AT THESE NUMBERS, THEY DID UTILIZE 2024 LEVY VALUES BECAUSE THE 2025 NUMBERS WEREN'T CERTIFIED UNTIL THE STUDY WAS ESSENTIALLY COMPLETE.
SO YOU'LL BE SEEING 2024 NUMBERS. I WON'T READ ALL OF THESE BULLETS. AS FAR AS THE CITY APPROACH, I THINK YOU'VE SEEN ENOUGH OF THESE RECENTLY WHERE AGAIN, THE THE GOAL IS TO LOOK AT THOSE REVENUES OVER THE 20 YEAR LIFE OF THE DISTRICT, THE ANTICIPATED EXPENSES, AND TO DETERMINE WHETHER IT'S REASONABLE TO TO SAY THAT IT WILL BE FINANCIALLY FEASIBLE TO TO REPAY THOSE ELIGIBLE EXPENSES. MEGAN'S ALREADY COVERED THE STUDY BOUNDARIES.
AND SO THE ONLY THING I'M GOING TO ON THIS SLIDE IS YOU'LL SEE THE NUMBERS ON EACH OF THESE SITES, SITES ONE, TWO AND THREE. THOSE WERE UTILIZED IN IDENTIFYING WHERE THE TAX REVENUES WERE GOING TO COME FROM. AS YOU'LL SEE ON THE NEXT SLIDE, THE PROJECT LIST AND THE EXPENSES FOR EACH SITE, BECAUSE THEY DID VARY. AND SO JUST GIVEN THE SIZE OF THIS PROJECT, AS SMALL AS IT WAS, IT WAS HELPFUL TO LOOK AT THESE INDIVIDUALS. SO MOVING ON TO
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THAT, YOU'LL SEE SITE ONE WHICH IS THE PARCEL ALONG THE RIVERWALK DRIVE. THERE IS AN ANTICIPATED HOTEL. I WOULD POINT OUT THAT THAT HOTEL HAS ALREADY BEEN SUBMITTED FOR REVIEW. IT'S A TOWN PLACE. SUITES, 112 ROOMS. ANTICIPATED VALUE AROUND $27 MILLION. SITE TWO WOULD BE A MULTI-STORY OFFICE BUILDING IN SITE THREE. A NUMBER OF MIXED USE BUILDINGS, WHICH IS SITE THREE, IS THE ONE NEXT TO CULVER'S RESTAURANT, SO TOTAL PRIVATE INVESTMENT ROUGHLY $40 MILLION. AND IN TERMS OF THE ANTICIPATED PROJECTS AND ELIGIBLE COSTS THAT URBAN RENEWAL FUNDING CAN ASSIST WITH. AS YOU CAN SEE, IT'S PREDOMINANTLY BLASTING INFILL. THIS IS AN AREA THAT WE KNOW HAS SHALLOW ROCK. THAT'S THAT'S WHERE THE THE ORIGINAL SNAKE RIVER DISTRICT THAT WAS ON THIS SAME AREA PAID FOR A LOT OF ROCK BLASTING. AND THAT'S THAT'S TRUE HERE. YOU CAN SEE WITH THE MOST EXPENSIVE SITE, THE SITE NUMBER THREE, WITH NEARLY $2.5 MILLION WORTH OF REMEDIATION DUE TO ROCK AND FILL. THERE'S ALSO SOME PUBLIC PROJECTS, SUCH AS A POWER CORD RELOCATION CAMP HALFWAY THERE ON THE WEST SIDE OF SITE ONE.SO TOTAL ANTICIPATED COSTS ABOUT $4.1 MILLION. SO I'VE SPOKEN ABOUT THIS BEFORE IN THE LAST HEARING THAT SINCE THE THE THE GROWTH EXPERIENCED, THE COVID 19 PANDEMIC, THE AND HOUSE BILL 389 IT WAS PASSED IN 2020. THE LEVEES EVALUATIONS HAVE BEEN MUCH LESS PREDICTABLE.
SO HISTORICALLY, WE USED A VERY CONSERVATIVE MODEL TO SAY THAT PROPERTY VALUES ARE ASSUMED TO INCREASE 2% PER YEAR. LEVEES ARE SEVERELY DOWN 1% PER YEAR. BUT YOU CAN SEE THESE GRAPHS SINCE 2017. IT'S NOT QUITE THAT SIMPLE. SO WHAT I'VE DONE IN THIS STUDY, AS WITH THE LAST ONE, IS DEVELOPED SEVERAL DIFFERENT REVENUE MODELS TO TO ANTICIPATE WHETHER THAT'S CONSERVATIVE GROWTH, MODERATE OR EVEN HIGH GROWTH BASED ON THE MOST RECENT TRENDS. SO WHAT YOU'LL SEE IN THE TABLES IS BOTH THE THE CONSERVATIVE MODEL THAT I TYPICALLY USE, AS WELL AS MORE MODERATE LOOK THAT WOULD SHOW VALUATION INCREASING 5% PER YEAR AND TAX LEVIES DECREASING 2% PER YEAR. AGAIN, THOSE ARE BOTH NUMBERS THAT ARE WELL BELOW THE MOST RECENT AVERAGES. WE KNEW THAT THOSE AVERAGES. IT'S UNLIKELY THAT THOSE ARE SUSTAINABLE OVER THE COURSE OF THE 20 YEARS. AND SO THIS IS STILL A I WOULD SAY CONSERVATIVE MODEL IN BOTH IN BOTH CASES. SO LOOKING AT ANNUAL REVENUE COMPARISONS, THIS IS LOOKING OVER THE COURSE OF THE 20 YEARS, THE SPIKES THAT YOU SEE ESPECIALLY THERE IN 2028 AND 2034, THOSE ARE WHEN THOSE PROJECTS HIT THE TAX ROLLS. SO WHEN THE HOTEL WAS COMPLETED IN 2027, ABOUT A YEAR LATER, IT HITS THE TAX ROLLS. YOU SEE A JUMP IN THAT ANNUAL REVENUE AND YOU SEE THAT MOST IN. THERE'S REALLY NOT A SPLIT, A LARGE SPLIT IN THOSE REVENUES UNTIL ABOUT HALFWAY THROUGH THE DISTRICT WHEN ALL OF THE PROJECTS HAVE BEEN COMPLETED. LOOKING AT THE CUMULATIVE COMPARISON OVER THE COURSE OF THE 20 YEARS, YOU CAN SEE AGAIN, THERE'S NOT A LOT OF SEPARATION, ABOUT $500,000 WORTH BY THE END OF THE DISTRICT. AND THAT DOES MAKE A DIFFERENCE, THOUGH, IN TERMS OF THE OVERALL PAYOFF AND THE FUNDS THAT ARE AVAILABLE FOR POTENTIAL PUBLIC PROJECTS THAT HAVE YET TO BE IDENTIFIED. SO LOOKING AT TOTAL PROJECT AREA, CASH FLOW ASSUMPTIONS, THE BULLET THAT I WOULD HIGHLIGHT THERE, JUST AS YOU LOOK AT THE BEGINNING OF THESE TABLES AND JUST RECOGNIZE THAT FOR THIS TABLE, THE ESTIMATED REVENUES REFLECTS ACTUAL YEAR REVENUES RECEIVED BASED ON THE THE PRIOR YEAR'S EVALUATIONS. SO. I THINK I MAY HAVE FORGOTTEN TO UPDATE THIS TABLE ON THIS SLIDE. OR I SUBMITTED ONLINE I. I APOLOGIZE THIS THESE NUMBERS SHOULD ACTUALLY BE SHIFTED UP ONE YEAR. AND THAT'S REFLECTED IN THE REPORT THAT YOU HAVE IN YOUR PACKET. BRAD, WOULD YOU LIKE ME TO PULL THAT UP FROM THE PACKET? WOULD THAT HELP YOU? IF YOU DON'T MIND THAT WOULD BE HELPFUL. SHOWING THE RIGHT NUMBERS. I APOLOGIZE FOR THAT. YOU'RE OKAY. GIVE ME JUST A SECOND. THE PACKET IS 723 PAGES, SO PLEASE TALK THROUGH THE SILENCE WHILE I GET THERE. HOLD ON JUST A MINUTE. I MIGHT BE ABLE TO JUST PROBABLY EXPLAIN MOST OF WHAT'S HAPPENING. I'M. I'M CLOSE TO IT. OKAY. I THINK IT'S TAKING NINE.
IS IT? NO. PACKET OH 347. YES. PARTICULAR STUDY. YEAH. NO, I JUST HOPE I'M RIGHT. I REALLY
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DO HAVE IT ON TAPE HERE. HOLD ON. CAN YOU SEE ME FIGHTING WITH MY MOUSE RIGHT NOW? OKAY.I APPRECIATE YOUR PATIENCE. THANKS. THIS ONE? YES, THAT'S THE CORRECT ONE. AND IT ACTUALLY MENTIONS. SO I WAS WRONG I APOLOGIZE, I THOUGHT THAT I HAD. YEAH, I THOUGHT I WAS ON TABLE I DO APOLOGIZE. SO IT WAS RIGHT TO BEGIN WITH. BUT WHAT IT IS, WHAT IT DOES SHOW IS THAT WITH THE, THE TRADITIONAL MODEL THAT IT HAS USED IN ITS OWNER PARTICIPATION AGREEMENTS, WHICH IS THAT THE DEVELOPER WOULD RECEIVE 75% OF THE ANNUAL TAX INCREMENT REVENUES, THE AGENCY WOULD MAINTAIN 25% FOR ADMINISTRATIVE COSTS AND ACCRUED FOR POTENTIAL PUBLIC PROJECTS. GIVEN THE VALUES OF THE PROJECTS, THE ANTICIPATED COSTS AND OPA UNDER CONSERVATIVE REVENUE MODEL WOULD BE PAID IN THE FINAL YEAR OF THE ABILITY OF THE AGENCY TO PAY, WHICH YOU'LL NOTICE IS 2046. ALTHOUGH THE THE DISTRICT WOULD ACTUALLY CLOSED AT THE END OF DECEMBER 20TH 30 OR 2045. THE LAW ALLOWS FOR AN AGENCY TO COLLECT AND SPEND THOSE 2045 TAXES IN THE FOLLOWING YEAR. SO IN A CONSERVATIVE MODEL, IT WOULD TAKE THE ENTIRE 20 YEARS, PLUS THE ADDITIONAL ONE AT THE END TO PAY BACK THOSE ANTICIPATED COSTS. IF YOU LOOK AT THE NEXT TABLE DOWN, WHICH IS THE LET ME SWITCH YOU BACK TO OKAY. YEAH. SINCE THEY'RE CORRECT. YEAH. SORRY ABOUT THAT. OKAY. THERE YOU GO. OKAY. IT IT DOES HELP SLIGHTLY THAT EXTRA $500,000 AND THAT SPLIT THAT YOU SEE ABOUT HALFWAY THROUGH THE DISTRICT DOES MAKE MAKE A DIFFERENCE IN THIS CASE, THE OPA HAS PAID OFF A COUPLE OF YEARS BEFORE THAT 2046 YEAR.
AND YOU ALSO SEE THE DIFFERENCE THAT IN BETWEEN IF I GO BACK TO SLIDE $1.1 MILLION ANTICIPATED FOR POTENTIAL PUBLIC PROJECTS WITHIN THIS DISTRICT AND VERSUS $1.8 MILLION TOWARDS POTENTIAL PROJECTS, AGAIN, THOSE ARE YET TO BE IDENTIFIED. BUT THOSE ARE THINGS THAT IN THE PAST HAVE PAID FOR PROJECTS SUCH AS THE THE ROCK GARDENS ALONG THE RIVER, THE ALONG THE RIVERWALK AND GREENBELT, THOSE TYPES OF THINGS. AS FUNDS BECOME AVAILABLE, THE CITY COLLABORATES WITH THE AGENCY. THEY'RE A GREAT PROJECTS THAT CAN MEET THEM. SO WITH THAT, THE PLANNING IS THAT THE PROJECT IS ECONOMICALLY FEASIBLE WITH 75% OPA, I WOULD SAY JUST FEASIBLE. BUT ONE OF THE KEY THINGS TO KEEP IN MIND IS THAT IT IS REALLY IMPERATIVE AND CRITICAL TO MAKE IT FEASIBLE THAT THE DEVELOPER START RIGHT AWAY. THERE IS NOT A LOT OF ROOM TO HAVE YEARS WITHOUT TAX INCREMENT GROWTH. AND SO THAT'S ONE OF THE REASONS I MENTIONED THAT THE HOTEL IS ALREADY IN THE PROCESS OF BEING REVIEWED. IT SHOULD BE UNDERWAY IN 2026 AS I'VE HAD CONVERSATIONS WITH THE DEVELOPER. SO WITH THAT, AGAIN, APOLOGIZE FOR THE MIX UP WITH THE TABLES, BUT I'D BE HAPPY TO ANSWER ANY QUESTIONS ON THE ECONOMIC FEASIBILITY PORTION. ANY QUESTIONS FOR ANY QUESTIONS FOR MR. KRAMER? OKAY, I'M NOT SURE WHO MY QUESTION IS. OKAY. WELL I'LL ASK. I HAVE TWO, BUT WHEN WE DO SOMETHING LIKE THIS, YOU MENTIONED IN YOUR REPORT HERE IN THE PACKET THAT THERE IS A STREET WORK THAT NEEDS TO BE DONE. IF I READ THAT RIGHT, A CORRELATION OF STREET WORK IS NECESSARY, BUT SIDEWALK WORK IS DOES THAT HAPPEN EARLY IN THE PROCESS? OR IS THIS SOMEWHERE DOWN THE YEAR. YEAH, THAT'S A THAT'S A REALLY GOOD QUESTION. AND IT PROBABLY DEPENDS ON WHICH PORTION WE'RE TALKING ABOUT. SO GOING BACK TO THE MAP, I WOULD ANTICIPATE THAT AT LEAST THE CANAL PATHWAY WHICH IS IDENTIFIED WOULD HAPPEN ALONG THE WEST SIDE OF SITE ONE. SO KIND OF RIGHT ALONG THE CANAL. THAT WOULD HAPPEN EARLY ON, LIKELY WITH THE HOTEL PROJECT. THAT'S THE GOAL THERE.
THE OTHER PIECE, THE MISSING STRETCH OF SIDEWALK ON UTAH, THAT'S JUST KIND OF OOPS, I THINK I CAN HIGHLIGHT HERE. YEAH. SO RIGHT HERE AT THIS END OF THE ROUNDABOUT, YOU CAN SEE THAT GAP IN SIDEWALK. THAT HASN'T HAPPENED BECAUSE THIS SITE HASN'T DEVELOPED. AND SO NORMALLY THAT WOULDN'T BE BUILT UNTIL SITE THREE DEVELOPS. AND IN THIS CASE IF THERE ARE FUNDS AVAILABLE, THEIR ORIGINAL AGENCY COULD PARTNER WITH THE CITY AT ANY POINT AND CONSTRUCT THAT SIDEWALK. HOWEVER, THE WAY THIS BOARD REPORT WAS WRITTEN WAS ASSUMING THAT IT WOULD COME
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IN. THAT SITE WOULD BE BUILT WITH DEVELOPMENT ON SITE THREE. SO HERE WITHIN THE NEXT FEW YEARS. YEAH. AND THE REASON FOR ASKING THAT QUESTION IS. THE WAY THE TAXING SYSTEM WORKS WITH THE REDEVELOPMENT IS IT SEEMS AS IF TO SEE SOMETHING THAT'S BENEFITING THE WHOLE CITY, SO TO SPEAK, SO PEOPLE GET ACCESS TO THESE NEW AND SAFER WAYS OF MOVING AROUND ON FOOT OR BICYCLE OR WHATEVER WOULD BE IMPORTANT. OKAY, OKAY. OTHER QUESTIONS ACTUALLY, COMMENT IS THAT COMMENTS PROBABLY ARE BEST SAVED FOR DELIBERATION. WE'RE STILL IN THE HEARING PHASE, AND SO WE'RE STILL RECEIVING INFORMATION. MR. KRAMER, ARE WE NEAR THE END OF YOUR PRESENTATION? ALL RIGHT. AND DO WE BOUNCE BACK? OH, WAIT, WE'RE NOT IN THE TESTIMONY YET, BUT DO WE BOUNCE BACK TO MISS CONRAD? YEAH, I HAVE OKAY. I DON'T KNOW WHICH LEGAL DEPARTMENT THIS FOR. MISS CONRAD OR MR. JONES, BUT ARE THE SLIDES THAT ARE PRESENTED PART OF THE LEGAL PUBLIC RECORD? AND I ASK BECAUSE IT'S STILL GOT BANNOCK COUNTY IN THERE, AND IT MEANS BONNEVILLE COUNTY FOR THE ROAD AND BRIDGE. THEY SHOULD BE PART OF THE RECORD, I WOULD IMAGINE. OKAY. SO WE SHOULD EDIT THAT. WE SHOULD POINT OUT IN THE PUBLIC RECORD THAT IT SHOULD READ BONNEVILLE COUNTY ROAD AND BRIDGE IS A TAXING DISTRICT. IF YOU NEED THAT. CORRECT. IT WAS IN THIS. IT WAS IN THE SLIDE INCORRECTLY. OKAY. MY APOLOGIES. I'M SORRY ABOUT THAT. I LOOKED AT THESE SLIDES SO MANY TIMES AND I JUST DID NOT CATCH THAT AGAIN. SO THANK YOU. BONNEVILLE COUNTY ROAD AND BRIDGE. THAT'S CORRECT. YEAH I'M JUST VERIFYING FOR THE LEGAL RECORD OKAY. AND SO TO THE EXTENT THAT THOSE CAN BE CORRECTED BEFORE ANYTHING ELSE IS PUBLISHED, THEN THAT WOULD BE WONDERFUL. MAYOR I CAN COMMENT TO THAT AS WELL JUST TO HELP WITH THAT. SO YES, THE SLIDES ARE PART OF THE THE RECORD. BUT AS FOR THE TAXING DISTRICTS, THAT'S PART OF A MAILING AND NOTIFICATION PROCESS THAT HAPPENS. AND THE CLERK'S OFFICE KEEPS A RECORD OF WHO HAS BEEN NOTIFIED. AND THE NOTIFICATION DOES GO TO BONNEVILLE COUNTY, NOT BANNOCK OR BINGHAM. OKAY, OKAY, OKAY. AND THEN MOVING ON. MISS CONRAD, DID YOU HAVE ANY MORE TO YOUR PRESENTATION THAT YOU WANTED TO SHARE? I THANK YOU, MADAM MAYOR AND COUNCIL MEMBERS. JUST A COUPLE MORE SLIDES. SO HERE ON THIS SCREEN YOU'LL SEE THE FUTURE LAND USE PLAN MAP AND THE ZONING MAP. AND THIS IS JUST TO HIGHLIGHT THAT THIS AREA IS SLATED FOR MIXED USE COMMERCIAL CENTERS AND CORRIDORS AS WELL AS COMMERCIAL, INCLUDING BOTH HIGHWAY AND CENTRAL COMMERCIAL, WHICH ALIGN VERY WELL WITH THE ANTICIPATED DEVELOPMENT IN THIS AREA. NEXT SLIDE. JUST A REMINDER, THIS IS A POST JULY 1ST, 2016 PLAN AND REVENUE ALLOCATION AREA. SO THERE ARE LIMITATIONS TO THE EXTENT THIS PLAN IS AMENDED BY A CITY COUNCIL ORDINANCE THAT COULD TRIGGER A BASE RESET UNLESS THE AMENDMENT MEETS ONE OF THE VERY LIMITED EXCEPTIONS. AND SO WE CONTINUE TO REVIEW THAT. AND AS A POTENTIAL AMENDMENTS COME UP, WE WORK THROUGH THOSE ISSUES WITH BOTH THE AGENCY AND CITY STAFF. AND THEN NEXT SLIDE IS JUST THE PROPOSED NEXT STEPS. TO THE EXTENT THIS IS CONSIDERED TODAY, THERE ARE A NUMBER OF STEPS THAT HAVE TO OCCUR PRIOR TO DECEMBER 31ST OF 2025. IN ORDER FOR THIS TO HAVE A BASE YEAR OF JANUARY 1ST, 2025. SO THERE'S THE PUBLICATION OF THE ORDINANCE SUMMARY RECORDATION OF THE ORDINANCE, AND THEN ANOTHER ROUND OF TRANSMITTALS TO THE AFFECTED TAXING DISTRICT COUNTY OFFICIALS AND THE STATE TAX COMMISSION. SO JUST WANTED TO MAKE EVERYONE AWARE OF THE THE PROCESS. AND THEN I'M HAPPY TO STAND FOR ANY QUESTIONS. AND AGAIN I APOLOGIZE ABOUT THAT TYPO. THANK YOU. ALL RIGHT. ANY ADDITIONAL QUESTIONS FOR MISS CONRAD? I HAVE ANOTHER ONE. I JUST WONDERED IF THERE'S KIND OF THAT ODD PIECE THAT STICKS RIGHT AROUND WHERE A BRIDGE MUST BE OVER THE CANAL ON THE RIVERWALK DRIVE. WHY WAS THAT SECTION OF THE RIVERWALK DRIVE INCLUDED? BUT NOT MORE OF IT. DO YOU SEE IT? I THINK IT'S ONE OF THE FAR WEST. YEAH, YEAH, JUST THAT LITTLE RIGHT ACROSS WHERE? THE BRIDGE ACROSS THE CANAL WITH. FAR LEFT IS THE SIDE. DO YOU WANT TO PULL UP? DO YOU HAVE A POINTER THAT YOU CAN USE ONE OF THE EITHER. SURE. SO YOU'RE TALKING ABOUT THE FAR LEFT OF THE SLIDE UP HERE. YEAH.[01:50:06]
JUST RIGHT. THAT'S OBVIOUSLY A BRIDGE ACROSS THE CANAL. I JUST WONDERED WHY JUST THAT PARTICULAR PIECE OF THE DRIVE WAS INCLUDED, BUT NOTHING ELSE. OH YEAH. THAT'S IT'S REALLY BECAUSE IT'S ALREADY APPROVED. THERE'S A RIVERWALK DRIVE, SO THERE WASN'T ANY PARTICULAR PURPOSE IN INCLUDING IT. SO IT'S THAT ONE SECTION IS JUST BECAUSE IT'S THE BRIDGE. IT'S BECAUSE IT WAS, IF I RECALL, PART OF THE EITHER THE PARCEL OR THE EXTENSION WHERE THE THE PATHWAY WOULD CONNECT. OKAY. OH, OKAY. I'M ON PATHWAY OKAY. YEAH. ALL RIGHT. GOOD. ALL RIGHT. ANY OTHER QUESTIONS OKAY. WELL THEN WITH THE PRESENTATION PORTION OVER WITH AND WE'LL NOW TURN TO THE COMMUNITY FOR PUBLIC COMMENT. AND IF ANY HAVE PUBLIC COMMENTS TO MAKE YOU COME TO THE PODIUM AND STATE YOUR NAME AND SHARE WHAT YOU WANT THE COUNCIL TO BE AWARE OF AS THEY CONSIDER THIS ITEM TONIGHT. HI, MY NAME IS JOHN CUNNINGHAM. I JUST NEED A LITTLE MORE DETAILS ON THE MAP. I THINK I HAD MONEY DOWN OR HALF MONEY DOWN ON A SECTION OF NUMBER TWO FROM A LONG TIME AGO. I NEED AND WHERE CAN I GET THIS INFORMATION SO I CAN CONFIRM IT? I LOOKED IN THE NEWSPAPER, I LOOKED AT THE MAP AND IT LOOKED LIKE THE SECTION WEST OF ROUNDABOUT WAS A SECTION I HAVE MONEY DOWN ON, OR PART OF IT, BUT THIS IS. I'M A LITTLE CONFUSED WITH THIS MAP COMPARED TO THE ONE THAT WAS IN REGISTER. SO IF THERE WAS A WAY TO GET MORE INFORMATION, I'D LIKE TO RECEIVE IT. THAT IS NOT A QUESTION I CAN ANSWER DIRECTLY, BECAUSE I SIMPLY DON'T KNOW THE ANSWER TO IT. BUT I CAN TELL YOU THAT THERE ARE SEVERAL PEOPLE IN THIS ROOM WHO CAN HELP GET YOU TO THE RIGHT PLACE. WHAT? HOWEVER, DURING A HEARING, WE ONLY RECEIVED INFORMATION. WE DON'T DIALOG BACK AND FORTH, AND SO I'M NOT GOING TO PAUSE THE HEARING TO TO GET THE QUESTION ANSWERED. BUT I WILL SAY THAT IN THE DOWNTIME OR PERHAPS EVEN JUST THROUGH WHISPERING, WHILE WE'RE HAVING THE BUSINESS UP HERE, SOMEONE MAY BE ABLE TO HELP, DIRECT YOU, PUT YOU IN THE RIGHT DIRECTION. AND SO I'LL JUST LET THAT NATURALLY HAPPEN, OKAY. ALL RIGHT. THANK YOU. IS THERE ANYONE ELSE WHO HAS SOME INFORMATION OR NOT INFORMATION, BUT COMMENTS OR TESTIMONY TO SHARE? ALL RIGHT THEN WITH THAT I THINK WE WILL.THERE WAS NOT ANYTHING TO BE REBUTTED BY THE ANY OF THE FOLKS WHO ARE PROMOTING THIS PLAN. SO I THINK WE CAN GO AHEAD AND CLOSE THE HEARING. UNLESS COUNCIL MEMBERS HAVE THOUGHT OF ANY QUESTIONS THEY WOULD LIKE TO ASK. DO WE HAVE COUNCIL MEMBERS ONLINE WHO HAVE ANY QUESTIONS? OKAY, I KNOW I KEEP FORGETTING TO ASK, SO THANKS FOR BEING PATIENT WITH ME WITH THAT. THEN WE'LL CLOSE THE HEARING AND COUNCIL MEMBERS, WE'LL TURN TO DELIBERATION.
WHAT YOU'RE BEING ASKED TO DO TONIGHT, THEN, IS TO CONSIDER THE ORDINANCE THAT THE ORDINANCE THAT WOULD APPROVE THE RIVERWALK URBAN RENEWAL DISTRICT. AND SO I KNOW YOU HAD A COMMENT YOU WANTED TO MAKE AT ONE POINT. COUNCILOR LARSON, THIS IS JUST MORE FOR PUBLIC INFORMATION. IS THAT APPROPRIATE? SURE. OKAY. JUST TO KIND OF COMPLETE THE CIRCLE ON HOW THIS KIND OF FINANCING WORKS, WE SAW, I THINK, 2 OR 3 TABLES THAT WERE ESTIMATED CASH FLOW AND SHOWED WHEN THE DEBT WOULD BE REPAID. THIS IS MONEY THAT COMES BACK OUT OF TAXES AND GOES BACK TO THE DEVELOPER TO COVER THE ALREADY APPROVED COSTS. ONCE THOSE THOSE COSTS ARE ALL PAID BACK, THAT STOPS. OR IF THE EXPIRATION OF THE DISTRICT HAPPENS, WHICH IS 20 YEARS, EVEN IF IT'S NOT ALL THE WAY PAID BACK, THOSE PAYMENTS STOP. SO THERE'S TWO DIFFERENT KIND OF WAYS THAT THAT ENDS. I JUST THOUGHT THAT WAS SOMETHING SOME FOLKS MIGHT BE INTERESTED IN. AND SO YOU YOU USED A PHRASE PAYMENTS TO THE DEVELOPER. AND OF COURSE, THOSE PAYMENTS REPAY THEM FOR AN INVESTMENT THEY'VE ALREADY MADE. BUT AND SO THERE'S A LOGIC TO THAT. HOWEVER, SOMEONE WHO'S LESS FAMILIAR WITH TAX INCREMENT FINANCING MIGHT THINK THEN THAT WE'RE COLLECTING TAXES TO PAY DEVELOPERS. AND THAT DOESN'T SOUND RIGHT. AND I MEAN, IF THAT'S THE ONLY SNIPPET YOU'RE HEARING AND SO CAN YOU JUST. SURE GRAM THAT OUT. YOU BET. ALL THOSE COSTS THAT WERE LISTED THAT WERE APPROVED TO BE REPAID ARE FRONT LOADED. THE DEVELOPER PAYS THOSE OUT OF POCKET. SO THE CITY THE IFRA, NOBODY'S ON ON THE HOOK FOR THOSE THAT PAYS FOR THOSE. AND THEN HE GETS REIMBURSED FROM WHATEVER INCREMENT. NOW, IF THE TAX VALUES DON'T GO UP AS MUCH AS PROJECTED, IT'S A BIT OF A
[01:55:01]
SWITCH BACK. IT'S ALL BASED ON THE MARKET VALUES AND THE TAXES COLLECTED. AND BUT THE REAL BONUS IS AT THE END, AT THE END OF THE DISTRICT, AT THE END OF THE 20 YEARS, YOU HAVE ASSETS THAT BRING IN MORE TAX REVENUE THAN THEY EVER WOULD HAVE IF THE PROJECT HADN'T BEEN DONE.AND SO THE TAXPAYERS DO BENEFIT AT THE END OF THE DAY. YEAH, I THINK AT THE BEGINNING, IF I REMEMBER RIGHT, THE NUMBER WAS THE VALUE OF ALL THOSE PIECES RIGHT NOW IS A LITTLE UNDER $1 MILLION. AND AT THE END, THEY'RE ESTIMATED AT ABOUT 40 MILLION. IS THAT WHAT I REMEMBER? OKAY. SO YOU CAN SEE THAT THE TAX REVENUE IS GOING TO GO UP. YEAH. WHICH MEANS THAT EVERYBODY ELSE IS NEED TO PAY IN GOES DOWN. SO COUNCILOR FRANCIS, WELL THIS IS SORT OF A QUESTION FOR COUNCILOR LARSON OR EXPAND ON WHAT YOU SAID SO I CAN CLARIFY IT FOR MYSELF AND MAYBE FOR THE PUBLIC. SO FOR EXAMPLE, IN THE IN THE REPORT SUGGESTS THAT THERE'S SUPERFICIAL BASALT. SO THE DEVELOPER IS GOING TO PAY FOR THAT REMOVAL UP FRONT AND THEN OVER TIME BE PAID BACK BY THE REDEVELOPMENT AGENCY. AM I READING RIGHT WHAT YOU JUST SAID IN A SPECIFIC EXAMPLE? THAT'S EXACTLY RIGHT. AND IT'S THE SAME WITH THE INFRASTRUCTURE FOR THE PATHWAYS, ETC. THAT THAT WILL BE PAID UPFRONT BY THE DEVELOPER AND THEN REPAID OVER TIME BY THE AGENCY AS THE TAX INCREMENT FUND INCREASES. EXACTLY, EXACTLY. AND IF YOU HAPPEN TO NOTICE THAT THE PART THAT'S LISTED AS NUMBER THREE, PARCEL NUMBER THREE, WHICH IS JUST WEST OF THE ROUNDABOUT, YOU CAN TELL HOW MUCH BASALT THERE IS IN THERE, BECAUSE THE BLASTING AND HAULING ON THAT IS ABOUT LIKE THIS. AND SO THIS IS GREAT IN USING THIS FORM OF DEVELOPMENT, YOU KNOW, FUNDING BECAUSE THAT PARCEL, I DON'T KNOW, IT MAY STAY EMPTY FOR A LONG TIME IF YOU DIDN'T HAVE THIS OPPORTUNITY. SO I THINK IT'S A GREAT EXAMPLE OF USING THIS TOOL TO HELP THE CITY GROW. AND I THINK YOUR EXPLANATION ON COUNCILOR LARSON IS WHY I'M A STRONG SUPPORTER OF THIS. THANK YOU. YEAH. ALL RIGHT. I THINK WE MAY BE READY TO ENTERTAIN A MOTION UNLESS WE HAVE COUNCILORS WHO ARE ONLINE WHO WANT TO SHARE ANY THOUGHTS. ALL RIGHT, COUNCILOR, I'LL TURN TO YOU FOR THE MOTION. IS THAT RIGHT? THANK YOU. I MOVE THAT COUNCIL APPROVE THE ORDINANCE APPROVING THE RIVERWALK URBAN RENEWAL DISTRICT UNDER A SUSPENSION OF THE RULES REQUIRING THREE COMPLETE AND SEPARATE READINGS AND A REQUEST THAT IT BE READ BY TITLE AND PUBLISHED BY SUMMARY. SECOND.
ALL RIGHT, CITY CLERK, WILL YOU CONDUCT A VOTE FOR US? YES. AND WHILE I'M AT IT, I SHOULD PROBABLY CLARIFY THAT EVERY TIME YOU ASK ME IF THERE'S ANY COUNCIL MEMBERS ONLINE WHO WISH TO COMMENT WHEN I SAY NO, I'M SAYING THAT BECAUSE THEY HAVEN'T UNMUTED THEMSELVES AND THEY'RE STILL ONLINE. I JUST WANT TO MAKE THAT CLEAR AND PUBLIC FOR EVERYONE. THEY'RE STILL ONLINE. THEY JUST UNMUTE TO VOTE. SOUNDS GREAT. OKAY. BURTENSHAW YES, FRANCIS I FREEMAN. YES. LARSON. YES. RADFORD. HI. MOTION CARRIES VERY GOOD BECAUSE IT IS AN ORDINANCE. IT REQUIRES THAT WE READ THIS BY TITLE AND AND THEN WE HAVE TO PUBLISH IT IN THE PAPER BEFORE IT IS EFFECTIVE. BUT WOULD YOU READ IT BY PEDAL FOR CITY CLERK? YES. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IDAHO FALLS, IDAHO, APPROVING THE URBAN RENEWAL PLAN FOR THE RIVERWALK URBAN RENEWAL PROJECT, WHICH PLAN INCLUDES REVENUE ALLOCATION, FINANCING PROVISIONS AUTHORIZING THE CITY CLERK TO TRANSMIT A COPY OF THIS ORDINANCE AND OTHER REQUIRED INFORMATION TO COUNTY AND STATE OFFICIALS AND THE AFFECTED TAXING ENTITIES. PROVIDING SEVERABILITY, CODIFICATION AND PUBLICATION BY SUMMARY. PROVIDING FOR A WAIVER OF THE READING RULES AND PROVIDING AN EFFECTIVE DATE.
THANK YOU VERY MUCH. ALL RIGHT. WE'RE MOVING TO THE LAST DEPARTMENT THAT HAS BUSINESS BEFORE THE COUNCIL TONIGHT. THAT WOULD BE MUNICIPAL SERVICES, OUR MUNICIPAL SERVICES. WELL, LET ME THANK MISS CONRAD AND SAY GOODBYE. AND THANK YOU, MR. KRAMER.
[7.D.1) Police Department Vehicle Lease and Upfit Program for FY 2025/26 25-473 ]
MUNICIPAL SERVICES HAS TWO ITEMS FOR US TONIGHT. THE FIRST ONE IS A RELATIVELY SIMPLE MATTER INVOLVING A LEASE. SO PAM ALEXANDER, DIRECTOR ALEXANDER, WOULD YOU SHARE INFORMATION ABOUT THAT WITH US? YES. THANK YOU, MAYOR AND CITY COUNCIL. YES. SO THIS ITEM IS ACTUALLY BRINGING FORWARD TO THIS EVENING BECAUSE OF THE DOLLAR AMOUNT. SO IN 2024 RESOLUTION. RESOLUTION 2020 404 AUTHORIZED THE POLICE DEPARTMENT TO HAVE A LEASE PURCHASE AGREEMENT FOR THE ACQUISITION AND LEASING OF CERTAIN EQUIPMENT, AND THESE WERE FOR LAW ENFORCEMENT PURPOSES, FOR A COST NOT TO SEE, NOT TO EXCEED 1.5 MILLION. THIS PARTICULAR ITEM BEFORE YOU IS TO ENTER INTO LEASES IN THE AMOUNT OF A TOTAL OF 904,135 FOR THE FIVE YEAR TERM, AND AN ANNUAL AMOUNT FOR 14 VEHICLES OF $180,827. IN YOUR PACKET.THERE IS A LITTLE BIT OF FORECASTING AND METHODOLOGY WE HAVE. ONE OF OUR ACCOUNTANTS DO THAT FOR US. SO YOU CAN SEE THAT THAT POLICE DEPARTMENT IS IN FACT STAYING WITHIN THE
[02:00:03]
RESOLUTION AMOUNT, AS WELL AS WHAT THE LEASE PAYMENTS ARE AND WHETHER DUE TO TERMINATE, AND ALSO THAT THEY'RE ALSO WITHIN BUDGET TO BE ABLE TO DO THIS THROUGH THIS RESOLUTION THAT I MENTIONED EARLIER. AND THEN WE ALSO HAVE THE APPROVAL TO PURCHASE THE VEHICLES OR PARDON ME, AT LEAST THE VEHICLES FROM UNITED. THAT WAS AN RFP THAT WAS ISSUED BACK IN 2024. THAT WAS RFP NUMBER 20 401. AND THEN THE UPFIT, WHICH IS INCLUDED IN THIS MEMO AS WELL, WAS ALSO ISSUED BY AN RFP TO DAY, I WANT TO SAY DAY WIRELESS SYSTEMS. I ALWAYS GET THAT WRONG. I WANT TO SAY DAYLIGHT LIKE DAYLIGHT DONUTS OR SOMETHING. I'M NOT SURE ABOUT THAT. BUT ANYWAY, SO THE SOURCE DOCUMENTS AND AND MENTIONED IN YOUR PACKET IS THE METHODOLOGY AND FORECAST, WHICH WE DID WAS WE REPORTED EACH OF THE CURRENT LEASE PAYMENTS. AND THEN WE INCORPORATED IN THE 14 LEASES THAT WE'RE ASKING FOR THIS EVENING FOR APPROVAL. AND WE'RE WITHIN THE BUDGET AMOUNT, AS I MENTIONED. AND WE'RE ALSO WITHIN THE RESOLUTION OF THE NOT TO EXCEED AMOUNT FOR FIVE YEAR PERIOD OF 1.5 MILLION. AND I HAVE CHIEF JOHNSON HERE. IF THERE'S ANY SPECIFIC QUESTIONS ABOUT THE LEASE PROGRAM. THANK YOU. DIRECTOR, COUNCIL MEMBERS, DO YOU HAVE QUESTIONS FOR MISS ALEXANDER? COUNSELORS ONLINE. ALL RIGHT. SHE DID MENTION THAT THE CHIEF WAS HERE. AND DOES ANYBODY HAVE QUESTIONS FOR THE CHIEF? NO, I HAVE A QUESTION, MR. ALEXANDER. OKAY. GO AHEAD.I JUST WANT TO MAKE SURE I'M CLEAR IN MY HEAD. WE DID A DO NOT EXCEED FOR 1.5 MILLION, BUT BASED ON THIS, WE WILL HAVE AUTHORIZED. 1,368,660. I MEAN, WE'RE STILL 200,000 BELOW THAT LEVEL. AM I GETTING IT RIGHT? YES. COUNCILOR FRANCIS, YOU'RE ABSOLUTELY CORRECT. THE BUDGET THIS YEAR IS WITH EVERYTHING, WITH THE ONES THAT WE HAVE CURRENTLY. IN ADDITION TO THIS, 14 VEHICLES IS NOT TO EXCEED. RIGHT NOW, THE BUDGET'S 1.3. I THINK IT'S 1.36. LET ME LOOK AT MY NOTES HERE REAL QUICK. SEE. BUT YEAH, WE DO HAVE A LITTLE BIT MORE WIGGLE ROOM OKAY. ON THAT. YEAH. YOU DON'T NEED TO GIVE ME I'VE GOT IT IN FRONT OF ME. SO 1,000,003 67. YEAH OKAY.
ALL RIGHT. WELL, THEN IF THERE ARE NO QUESTIONS, I'LL TURN TO COUNCILOR LARSON TO GET THE MOTION'S GOING. I MOVE THAT COUNCIL, ACCEPT AND APPROVE THE POLICE DEPARTMENT VEHICLE LEASE PROGRAM FOR FISCAL YEAR 20 2526, AND AUTHORIZE THE MAYOR AND CITY CLERK TO SIGN THE NECESSARY DOCUMENTS. SECOND. VERY GOOD. THANK YOU, CITY CLERK. WE ARE READY FOR A VOTE.
FREEMAN. YES. RADFORD. NAY. LARSON. YES. BURTENSHAW. YES. FRANCIS. AYE. MOTION CARRIES.
[7.D.2) Appeal Hearing-Impact Fee Assessment for Barnwood EstatesTownhomes and Terrace Gate Condominiums 25-497 ]
OKAY. THANK YOU VERY MUCH. WITH THAT, WE ARE READY TO MOVE ON TO THE LAST ITEM ON THE AGENDA.THIS IS A HEARING, AND I WOULD JUST POINT OUT A FEW THINGS. FIRST OF ALL, IN IDAHO, THE SYSTEM OF CITY GOVERNMENT THAT WE HAVE DOES NOT PROVIDE FOR CITY LEVEL COURTS OR CITY LEVEL JUDGES. INSTEAD, WHEN NEEDED, THE CITY COUNCIL ACTS AS BOTH A LEGISLATIVE BODY THAT WE NORMALLY SEE THEM ACTING IN THAT ROLE. OR AND THEY CAN ALSO ACT AS A QUASI JUDICIAL BODY.
SOME PEOPLE SAY QUASI, BUT IT JUST MEANS IN THIS CASE, IT INDICATES THAT THE CITY COUNCIL HAS SOME JUDICIAL CHARACTERISTICS, EVEN THOUGH IT'S NOT A TRADITIONAL COURT, AND IT HAS THE LEGAL AUTHORITY TO HOLD HEARINGS AND TO RENDER DECISIONS SIMILAR TO THOSE MADE BY COURTS. AND WE'RE GOING TO EXPERIENCE THAT TONIGHT. THE IDAHO FALLS CITY COUNCIL WILL HAVE A HEARING IN WHICH THEY WILL ACT IN THIS QUASI JUDICIAL CAPACITY. IN A FEW MOMENTS, I'M GOING TO OPEN THE HEARING AND ESTABLISH THEIR ABILITY TO IMPARTIALLY EXCUSE ME, THEIR ABILITY TO THEIR ABILITY AND THEIR IMPARTIALITY TO SERVE IN THIS QUASI JUDICIAL ROLE. AND SO WHAT WE'RE GOING TO DO IS OPEN THE HEARING. WE WILL HAVE PRESENTATIONS FROM THIS IS AN APPEALS HEARING AND APPEALS APPEAL APPEAL FEES PAID. AND SO WE WILL OPEN HEARING, HAVE THE APPELLANT MAKE A PRESENTATION RESPONDENT, WHICH WOULD BE THE CITY OF IDAHO FALLS IMPACT ADMINISTRATOR WOULD MAKE THE I GUESS GIVE A RESPONSE. THEN WE'LL TURN BACK TO THE APPELLANT AND HAVE THE APPELLANT PROVIDE A REBUTTAL. AND THEN COUNCIL MEMBERS WHO CAN ASK QUESTIONS THROUGHOUT WILL HAVE I'LL HAVE SOME TIME WHEN THEY CAN ASK ANY OTHER FINAL QUESTIONS THAT THEY MAY HAVE. ONCE QUESTIONS ARE ANSWERED, WE'LL CLOSE THE HEARING AND MOVE ON. THEN TO COUNCIL DELIBERATION AND WHATEVER ACTION WILL COME OF THAT REMAINS TO BE SEEN. AND SO. I'M GOING TO GO AHEAD AND PROCEED THEN AND SAY THAT THE
[02:05:07]
HEARING IS NOW OPEN, AND WE'LL ORDER ALL MATERIAL PRESENTED AND ALL TESTIMONY GIVEN THE PACKET PROCEEDING OR PACKET MATERIALS, ALL OF THOSE THINGS SLIDES ALL TO BECOME PART OF THAT OFFICIAL RECORD. WE'LL ALSO NEED TO ASK COUNCIL MEMBERS, ARE THERE ANY OF YOU WHO WISH TO RECUSE YOURSELVES, PERHAPS BECAUSE YOU HAVE SOME KIND OF AN INTEREST AND OR BECAUSE THIS IS A QUASI JUDICIAL PROCEEDING? ARE THERE ANY OF YOU WHO HAVE ANY HAD ANY COMMUNICATION WITH OR INTERACTION WITH ANY OF THE MATERIALS OR PARTIES THAT YOU WOULD NEED TO DISCLOSE THAT? ANYTHING FROM OUR ONLINE? OKAY. SO THAT MEANS THAT WE HAVE FIVE COUNCIL MEMBERS PARTICIPATING IN THIS HEARING, TWO THAT ARE VIRTUAL. AND SO THE AUTHORITY, AS I MENTIONED, COMES FROM THE IDAHO STATE STATUTES AND THE PARTICULAR APPLICATION FROM THE CITY'S PERSPECTIVE COMES FROM THE CITY IMPACT FEE ORDINANCE THAT'S FOUND IN IDAHO FALLS.CITY CODE FOR LOOKING AT TITLE TEN, CHAPTER EIGHT, SECTION TEN, WHICH ALIGNS OR SORRY, SPECIFIES THE APPEALS PROCESS, PARAGRAPH G IN PARTICULAR, INDICATES THAT THE STANDARD THAT THE COUNCIL IS TO USE. IT SAYS THE COUNCIL SHALL MODIFY THE AMOUNT OF THE IMPACT FEE, CREDIT REFUND OR REIMBURSEMENT IF THERE IS. EXCUSE ME ONLY IF THERE IS A PREPONDERANCE OF THE EVIDENCE IN THE RECORD THAT THE FEE ADMINISTRATOR ERRED. SO IF THE FEE ADMINISTRATOR MADE A MISTAKE AND THE COUNCIL MORE, THE EVIDENCE INDICATES THAT THERE WAS A MISTAKE, THEN THEY WILL MAKE A FINDING TO CHANGE OR TO HAVE SOME IMPACT IN SOME WAY. ADDRESS THE FEES. SO THE STANDARD PREPONDERANCE OF THE EVIDENCE IS A LEGAL TERM, WHICH SUGGESTS THAT THE BURDEN OF PROOF FOR THE APPELLANT REQUIRES ONLY THAT THEY ARE MORE CONVINCING THAN THE RESPONDENT. RIGHT. YOU JUST NEED TO BE CONVINCED ONE WAY OR THE OTHER. AS OUR CITY ATTORNEY SAID TO ME, IF YOU'RE CONSIDERING ALL THE EVIDENCE, 50% PLUS ONE LITTLE UNIT OF EVIDENCE IS ALL YOU NEED TO HAVE THE PREPONDERANCE. IT'S THE MAJORITY OF THE EVIDENCE WOULD NEED TO FALL IN FAVOR OF ONE SIDE OR THE OTHER TO GET YOUR DECISION. SO ANYWAY, THE APPELLANT NEEDS TO SHOW THAT THERE WAS AN ERROR. AND THE RESPONDENT, IF THEY HAVE A BURDEN, IT'S TO SHOW THAT THERE WAS NO ERROR. AND SO THAT'S WHAT YOU'LL BE LOOKING FOR.
THIS SEEMS TO BE A RATHER COMPLICATED KIND OF A TOPIC. THERE'LL BE A LOT OF DETAIL THAT MAY BE PRESENTED, BUT I'D ARGUE THAT THE FINER DETAILS OF THE CASE ARE NOT WHERE WE SHOULD GET OURSELVES LOST THERE. THOSE ARE BEST LEFT TO THE ROOM FULL OF PROFESSIONALS THAT WE HAVE. BUT I WILL SAY, WHILE YOU'RE NOT CALLED UPON TO WADE INTO THOSE DETAILS AND BECOME INSTANT EXPERTS ON ALL MANNER OF IMPACT VIA APPLICATIONS, I WILL SAY THAT BECAUSE YOU'RE LOOKING FOR THE ERROR OR THE PREPONDERANCE OF EVIDENCE THAT THERE WAS ONE, YOU. I WOULD POINT OUT THAT THAT IS A PROCESS KIND OF AN ISSUE. AND COUNCIL MEMBERS, YOU ARE EXPERTS IN PROCESS, AND SO YOU'RE HIGHLY QUALIFIED TO BE ABLE TO SUSS THAT OUT FROM ALL THAT YOU HEAR TONIGHT. HOWEVER, I DON'T WANT TO PRECLUDE YOU FROM BEING INTERESTED IN IN THE DETAILS. AND SO IT IS YOUR PREROGATIVE, AS THOSE WHO ARE LISTENING TO THE EVIDENCE BEING PRESENTED AND THE ARGUMENTS BEING MADE TO ASK QUESTIONS AND IF THEY'RE DETAILED, SO BE IT.
YOU HAVE THAT RIGHT AND THAT PRIVILEGE TO BE ABLE TO LEARN WHAT YOU NEED TO TO MAKE A GOOD DECISION. QUESTIONS MAY ARISE IN THE MIDDLE OF A PRESENTATION. I WOULD SUGGEST THAT WE LET THE PRESENTATION PLAY OUT BEFORE WE ASK QUESTIONS. UNLESS YOU JUST NEED. THEY'RE USING A WORD PERHAPS THAT YOU DON'T KNOW, OR UNLESS THERE'S SOME. JUST QUICK CLARIFICATION THAT IF WE INTERRUPT THE FLOW TO GET THAT CLARIFIED, YOU'LL BE ABLE TO GET SO MUCH MORE OUT OF IT GOING FORWARD. SO JUST GET MY ATTENTION AND I WILL INTERRUPT AND WE'LL GET THE ANSWER TAKEN CARE OF AND MOVE ON. SO ANYWAY, THE WHOLE GOAL HERE IS TO TO LEARN WHAT WE NEED TO MAKE THAT DECISION. WITH THAT, I'M GOING TO TURN OR NOT TURN NOW TO THE APPELLANT AND ASK FOR YOUR PRESENTATION. AND IN THIS CASE IT IS SORRY. BARNWOOD ESTATE TOWNHOMES AND TERRACE GATE CONDOMINIUMS. AND THE REPRESENTATIVES FROM THAT THOSE ENTITIES. THANK YOU MAYOR CASPER AND CITY COUNCIL FOR APPRECIATE YOU BEING WITH US TONIGHT. MY NAME IS AARON BINGHAM AND THIS IS ERIC REED. WE ARE OWNERS IN THE TOWNHOME, THE BARNWOOD TOWNHOME PROJECT AND THE TERRACE GATE CONDOS. THIS IF YOU'RE NOT FAMILIAR WITH WHERE THIS DEVELOPMENT IS, IT IS ON THE WEST SIDE OF SKYLINE DRIVE BETWEEN SKYLINE DRIVE AND SKYLINE HIGH SCHOOL.
[02:10:06]
SO KIND OF BEHIND THOSE PROFESSIONAL OFFICES. THE TOWNHOME PORTION IS TOWARDS THE SOUTHERN PORTION OF THE PROJECT, AND THE CONDOS ARE TOWARDS THE NORTH END OF THE PROJECT. SO IN OCTOBER. WE THE THE BARNWOOD TOWNHOME PROJECT AND THE TERRACE GATE CONDO PROJECT, WE SUBMITTED AN APPEAL FOR A CREDIT OF IMPACT FEES THAT WERE PAID SPECIFICALLY FOR THE TRANSPORTATION PORTION THAT WERE THAT WAS PAID. AND THIS ORIGINATES FROM THIS PROJECT, STARTED GOING THROUGH THE PLANNING AND ZONING PROCESS IN 2022. IN THE MIDST OF THAT IMPACT, FEES WERE INITIATED OR ENACTED. AND. AS WE WERE GOING THROUGH THE PROCESS WITH PLANNING AND ZONING, THERE WAS MULTIPLE ITERATIONS WITH GOING BACK AND FORTH WHERE WE SUBMITTED A PLAN, DIFFERENT DEPARTMENTS THAN WE WOULD RECEIVE THE PLANS BACK.PLANNING AND ZONING WOULD ASK FOR CHANGES. WE WOULD GO MAKE THE CHANGES, GO BACK THROUGH ENGINEERING AND SUBMIT THE CHANGES BACK FOR REVIEW. AND IN ONE OF THESE ITERATIONS, ORIGINALLY, SKYLINE ROAD WAS INDICATED TO BE 80FT WIDE, AND IN ONE OF THE SUBSEQUENT ITERATIONS, THE CITY CAME BACK AND ASKED THAT THAT THAT THE ROAD BE WIPED TO 100FT. THEY WANTED TO HAVE THIS BE A MAJOR ARTERIAL ROAD, AND THEY REQUESTED AN ADDITIONAL TEN FEET ON THE WEST SIDE OF SKYLINE DRIVE THAT WENT INTO THAT WAS PART OF THE PROPERTY OWNED BY BARNWOOD TOWNHOMES AND TERRACE GATE CONDOS, AND THEY REQUESTED THEY REQUESTED THIS.
AND WHEN THIS REQUEST WAS ASKED, WE WERE CONCERNED BECAUSE THIS SEEMED UNNECESSARY FOR THIS PROJECT. IT SEEMED IN EXCESS OF WHAT WAS NEEDED FOR THIS PROJECT ON THAT ROAD, WHAT WAS THEIRS. TWO ACCESS POINTS. THE CONDO PORTION ACCESS POINT IS ON SKYLINE DRIVE, AND IT'S RIGHT THERE BEHIND THE PEDIATRIC DOCTOR'S OFFICE. AND THAT'S THE ACCESS POINT FOR THE CONDOS. AND THEN AS YOU GO FURTHER DOWN SKYLINE DRIVE, THE ACCESS FOR THE THE TOWNHOMES AND AND ALSO POSSIBLY PART OF THE CONDOS WOULD BE FURTHER DOWN THAT ROAD. TYPICALLY, WHAT WOULD BE NECESSARY FOR ACCESS WOULD BE A TURNING LANE. BUT BECAUSE THEY WANTED TO DESIGNATE THIS AS A MAJOR ARTERIAL, THEY REQUESTED THAT WE WIDEN THE ROAD TO 100FT, WHICH, LIKE I SAID, REQUIRED AN ADDITIONAL TEN FEET INTO OUR PROPERTY, REQUIRED RE ENGINEERING THE PROJECT. WE WERE CONCERNED ABOUT THAT. AND SO AND ALSO BECAUSE OF THE COST INVOLVED WITH THAT AND. WHEN WE SUBMITTED THE APPEAL, IT WAS DENIED, INDICATING THAT IT WAS NOT GIVEN IN A TIMELY MANNER. BUT WHAT HAPPENED BACK IN JANUARY OF 2023 HERE, MY LOVELY ASSISTANT ERIC, HE'S HERE IS A HERE'S AN EMAIL BETWEEN CHRIS CANFIELD FROM THE THE CITY. AND THIS WAS COMMUNICATION WITH MATT SMITH. THAT WAS PART OF OUR GROUP. KURT ROLAND, WHO WAS THE ENGINEER. AND ANOTHER THERE WERE SEVERAL OTHER CITY MEMBERS, KERRY BUTLER, BRIAN CUNNINGHAM AND OTHERS. AND I WOULD LIKE TO REFER TO. THE SECOND BULLET POINT. IT SAYS THERE WAS ALSO DISCUSSION ABOUT THE ABILITY TO REIMBURSE THE DEVELOPER FOR THE TRANSPORTATION IMPACT, FEES FOR CAPACITY IMPROVEMENTS COMPLETED ALONG THE FRONTAGE OF SKYLINE. THIS COULD BE REIMBURSED AND HANDLED IN THE DEVELOPMENT AGREEMENT AS WELL AS. HOWEVER, PLEASE NOTE THAT THAT THAT THE REIMBURSEMENT IS SUBJECT TO CONSTRUCTION BIDS AND COSTS THAT CAN BE VERIFIED PRIOR TO
[02:15:01]
REIMBURSEMENT OF PUBLIC FUNDS. WE'D BE HAPPY TO WORK WITH YOU ON THIS FURTHER AS THE DEVELOPMENT PROGRESSES. SO THERE WE WERE, UNDER THE UNDERSTANDING THAT THAT CREDITS COULD BE GIVEN FOR TRANSPORTATION IMPACT FEES BECAUSE OF BECAUSE OF THE ADDITIONAL REQUIREMENT. THE CITY IS WAS ASKING US TO WIDEN THE ROAD IN IN EXCESS OF WHAT WAS NEEDED FOR THE DEVELOPMENT. THEN I HAVE ANOTHER HANDOUT HERE. THIS IS OUR APPLICATION FOR DEVELOPMENT. AND IF YOU CAN TURN TO PAGE THREE. SUBSECTION OR SECTION SC, SC 4.00. SO WHEN WE APPLIED FOR THE DEVELOPMENT PROJECT IN SC 400 IT SAYS DEVELOPER SHALL DESIGN AND CONSTRUCT A ROADWAY. IMPROVEMENTS IN SKYLINE DRIVE IN ACCORDANCE WITH THE C APPROVED IMPROVEMENT DRAWING SITE PLAN, DEVELOPER SHALL BE REIMBURSED FOR THIS WORK AND BE SUBJECT TO THE REQUIREMENTS OF THIS AGREEMENT. THE REIMBURSEMENT SCHEDULE IS SUBJECT TO THE CITY'S ABILITY TO COLLECT IMPACT FEES AND FINAL ACCEPTANCE OF THE ROADWAY.DEVELOPER SHALL ALSO PROVIDE FOR THE LANDSCAPING IN THE PARK STRIP BETWEEN THE CURB AND THE SIDEWALK. MAINTENANCE OF LANDSCAPE BUFFER SHALL BE THE RESPONSIBILITY OF THE DEVELOPER OR THE DEVELOPER'S HEIRS, SUCCESSORS, OR ASSIGNS. SO WHEN WE SUBMITTED THE APPLICATION FOR DEVELOPMENT, WE INCLUDED IN THERE THE REIMBURSEMENT FOR THOSE, THE TRAVEL, THE TRANSPORTATION PORTION OF THE IMPACT, FEES BEING REIMBURSED FROM THE CITY THROUGH IMPACT FEES. SO IT WAS OUR UNDERSTANDING, DUE TO CONVERSATIONS WITH THE CITY, KERRY BUTLER, BRIAN CUNNINGHAM AND OTHERS, THAT THAT THERE WAS A POSSIBILITY FOR CREDITS. AND SO WE ARE. WE FEEL THAT WE THAT THAT WE WERE WE MOVED FORWARD WITH THIS PROJECT WENT THROUGH HAD THE EXPENDITURES FOR THE ROAD IN ANTICIPATION THAT WE COULD RECEIVE A CREDIT FOR SOME OF SOME OF THOSE EXCESSIVE COSTS INVOLVED WITH THAT. IMPACT. FEES ARE DEVELOPED TO HELP DEVELOPERS OFFSET THE IMPACT THAT THE CITY HAS AND THEIR THEIR COLLECTED FOR ROAD POLICE, FIRES AND PARKS. AND AS A DEVELOPMENT, WE FEEL THAT THAT MONEYS THAT WE SPENT TOWARDS. THE IMPACT OF OF WELL THE MONIES THAT WE SPENT TOWARDS IMPROVING THE ROADWAY THAT THAT THOSE SHOULD BE CREDITED TOWARDS THE TOWARDS THE IMPACT, THE TRANSPORTATION PORTION OF THE IMPACT FEES THAT WE PAY, BECAUSE WE ARE WE ARE PAYING TOWARDS THAT IMPACT THAT THAT WILL COME FROM THE GROWTH OF THE CITY. NOW, IF YOU GO BACK TO THE ORIGINAL. IF YOU GO TO THE ORIGINAL DOCUMENT, WHEN WE REQUESTED THE THE CREDIT FOR IMPACT FEES. IF YOU GO TO THE EXHIBITS. THIS ONE ACTUALLY. SO THE ORIGINAL ONE ON PAGE 11. YOU CAN SEE THAT OVERVIEW OF THE AREA OF THE ROAD. I DON'T KNOW IF YOU GUYS YOU GUYS HAVE THIS OKAY. YOU CAN SEE THIS OKAY. SO ON PAGE 11 YOU CAN SEE SKYLINE ROAD COMING SOUTH. AND THEN KIND OF THERE'S A 45 DEGREE ANGLE THAT HEADS TOWARD HEADS WEST. NOW BECAUSE OF THE POSITION OF, OF THIS OF THIS ROAD WHERE IT RUNS PARALLEL WITH THE, WITH THE FREEWAY, THE ROAD ACTUALLY CURVES AROUND AND THEN JOINS UP WITH GRIZZLY. THERE IS THERE IS SOME LAND, THERE IS SOME LAND JUST SOUTH OF OUR DEVELOPMENT. THERE'S ANOTHER THERE'S ANOTHER SMALL PROPERTY, AND THEN THERE'S 29 ACRES. THAT 29 ACRES IS ACTUALLY FOR SALE RIGHT NOW. BUT THE ACCESS FOR THAT 29
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ACRES IS ACTUALLY OFF OF GRIZZLY AVENUE. AND THEN THERE'S A ROAD THAT GOES SOUTH OF THE SKYLINE HIGH SCHOOL, AND THAT THE ACCESS FOR THAT 29 ACRES IS ACTUALLY ON THAT ROAD THAT IS SOUTH OF SKYLINE HIGH SCHOOL. SO THE BMP HAS DESIGNATED THIS AS A MAJOR ARTERIAL. I DON'T IT DOESN'T SEEM LIKE TO ME THAT THAT WOULD EVER BE LIKE A THROUGH ROAD.THAT WOULD BE A MAJOR THOROUGHFARE LIKE SUNNYSIDE ROAD. SO THAT 100FT IS SIMILAR TO SOMETHING LIKE SUNNYSIDE ROAD, WHERE THAT RUNS PARALLEL WITH THE, WITH THE FREEWAY AND, AND THAT THERE'S NOT A WHOLE LOT OF, OF LAND THAT IT ACTUALLY BUTTS UP TO. AND THAT WAS KIND OF PART OF OUR ARGUMENT WHEN THE CITY REQUESTED THAT WE EXPAND TO 100FT FROM 80FT TO 100FT. WE WE QUESTIONED WHETHER OR NOT THAT WOULD ACTUALLY BE A MAJOR THOROUGHFARE AND NEED TO HAVE THE HUNDRED FEET, BUT THEY SAID THAT OUR, OUR, OUR INFORMATION WAS NOT TIMELY. HOWEVER, WE FELT LIKE WE BROUGHT THAT CONCERN TO THE CITY, AND THE CITY INDICATED THAT WE COULD RECEIVE CREDITS FOR THOSE TRANSPORTATION IMPACT FEES BASED UPON WHEN WHEN TO PROVIDE, WHEN WE PROVIDE THE COST FOR THAT WORK TO BE COMPLETED. SO NOW I HAVE A SUMMARY OF. COSTS ASSOCIATED WITH IMPROVING THE ROAD. SKYLINE DRIVE. OKAY, I NEED TO TURN TO THE EXHIBITS TO EXPLAIN THIS. FIRST. IF YOU GO TO PAGE ONE OF THE EXHIBITS THAT WAS SUBMITTED WITH THE REQUEST, THAT'S THIS. THIS MAP RIGHT HERE. PAGE ONE. SO IF YOU LOOK ON THIS SOUTH SOUTHEASTERN PORTION OF THE PROPERTY, YOU SEE THAT THERE'S A RECTANGLE THAT SAYS PUBLIC RIGHT OF WAY DEDICATION .423 ACRES. THERE'S KIND OF A RECTANGLE SPACE THERE.
AND THEN AS YOU MOVE, GO NORTH UP, UP SKYLINE DRIVE. THERE'S A THIN LINE THAT SAYS R.W. RIGHT OF WAY, AND THAT'S FOR THE RIGHT OF WAY. AND THAT'S THAT REFERS. OKAY. OKAY. DO YOU WANT TO. IT'S IN THE PACKET, RIGHT? YES, IT'S IN THE PACKET. AND SO THAT THAT PART FROM THE THERE'S A RECTANGLE THAT IS DESIGNATED AS .423 ACRES. AND THEN NORTH OF THAT THERE'S A THIN LINE BETWEEN THERE'S A DARK LINE WHICH IS THE EDGE OF THE PROPERTY LINE, AND THEN THE RIGHT OF WAY LINE, WHICH IS TO THE LEFT OF THAT, WHICH IS A THIN, NARROW, A THIN LINE THAT GOES NORTH UP SKYLINE DRIVE. AND THAT IS THE .17 ACRES THAT WE ARE REFERRING TO IN, IN OUR SUMMARY. SO WE ARE ASKING WE ARE REQUESTING A LAND CREDIT FOR THE .17 ACRES AND ALSO FOR THE .423 ACRES THAT WERE GIVEN AS A RIGHT OF WAY FOR CONSTRUCTION OF THAT ROAD TO ALLOW IT TO BE 100FT. OKAY. THE NEXT I'VE GOT ANOTHER HANDOUT. SO THIS IS THE APPRAISAL REPORT OF THE PROPERTY. WE JUST WANTED TO GIVE YOU THIS. SO YOU HAVE THE THE METHOD METHODOLOGY THAT WE USED TO COME UP WITH OUR FIGURES. SO THE APPRAISAL THAT COMES FROM. MAY 9TH OF 2025. SO THERE'S 3.2 ACRES FOR THIS DEVELOPMENT. AND IT WAS APPRAISED AT $1.9 MILLION. AND THAT IS $14.44 A SQUARE FOOT. SO THE 1.17 ACRES IS EQUIVALENT TO 7405.2FTā S. THE VALUATION FOR
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THAT IS 1000 $106,931. THE 0.423 ACRES IS 18,425.88FTā !S, D THAT IS TO THE VALUE OF THAT IS $266,000.70. WHEN A CITY GOES AND. ESTABLISHES EMINENT DOMAIN ON A PROPERTY TO BUILD A ROAD, THE CITY IS REQUIRED TO PAY THE THE MARKET VALUE OF THAT PROPERTY AND 0.17 ACRES AND ZERO POINT. THERE WAS TWO SECTIONS OF LAND THAT WILL 0.17 AND 0.423 ACRES WERE GRANTED AS A RIGHT OF WAY FOR THAT, FOR THAT PROPERTY. THEN THE NEXT. THE NEXT HANDOUT, I HAVE, THIS IS A BID FROM KNIFE RIVER. AND THESE ARE THE COSTS ASSOCIATED WITH BUILDING THE ROAD. SO THE FRONT IS THE SUMMARY OF THE CHARGES. SO THE THE LATTER THREE PAGES ARE THE FULL THE FULL BID FOR KNIFE RIVER. AND THEN WE HAVE BROKEN OUT THE LINE ITEMS THAT ARE APPORTIONED JUST FOR THE CONSTRUCTION OF THE ROAD. BECAUSE WE HAD A LOT OF OTHER EXPENSES IN THE DEVELOPMENT. SO THIS IS JUST SO THESE LINE ITEMS ARE THE ONES THAT WERE USED JUST FOR THE ROAD. SO YOU CAN SEE THOSE AND THEY CORRESPOND TO THE FULL THE FULL BILL THAT'S BACK BEHIND HERE. SO THE COST TO CONSTRUCT THAT ROAD OR TO WIDEN AND TO TO. TO CLEAR OUT THE ROAD AND TO CONSTRUCT IT. AND EVERYTHING WAS $328,212.50. AND THAT'S FROM KNIFE RIVER. LET'S SEE. SO WE BASICALLY OUR DEVELOPMENT IS THE END OF THIS SECTION OF THIS ROAD NEXT TO THE FREEWAY. WE WERE REQUIRED TO WIDEN THE ROAD AND, AND WE WERE OF THE UNDERSTANDING THAT BASED ON CONVERSATIONS WITH THE CITY, THAT WE COULD RECEIVE A CREDIT FOR THE TRANSPORTATION PORTION OF OUR IMPACT, FEES FOR THE COST ASSOCIATED WITH WITH WIDENING THAT ROAD AND AND GIVING UP LAND FOR THAT. TYPICALLY, A DEVELOPER PAYS 100% OF THE THE ROAD NEEDS FOR THEIR DEVELOPMENT, THE NEEDS FOR OUR PARTICULAR DEVELOPMENT WOULD HAVE CONSISTED OF JUST LIKE A SMALL, LIKE A TURNING LANE TO THAT KIND OF SOUTHERN PORTION OF OUR DEVELOPMENT. BUT WE WERE REQUIRED TO EXPAND THAT ROAD SIGNIFICANTLY MORE. IT RUNS THE WHOLE, IT RUNS THE WHOLE LINE OF OUR OF OUR DEVELOPMENT AND THE, THE LANE RIGHT NOW BECAUSE THEY HAVE IT'S AT 100FT. IT'S THAT IS FOR FIVE LANES. BUT BECAUSE THEY DON'T HAVE FIVE LANES, THEY JUST HAVE THREE LANES RIGHT THERE. THEY KIND OF LIKE ONE LANE IS PROBABLY BIG ENOUGH FOR TWO CARS. AND THAT WAS THE PORTION THAT THAT WE, THAT THEY ASKED US TO DO. SO WE, WE FELT LIKE WE HAD WORKED IT OUT, BUT WE HAD SPOKEN WITH THE CITY AND WE RELIED ON THAT, AND WE MOVED FORWARD TO WE MOVE FORWARD TO CONSTRUCT THE ROAD WITH THE KNOWLEDGE OR THE THAT WE THOUGHT WAS THE INFORMATION THAT WE COULD RECEIVE A CREDIT FOR THE TRANSPORTATION PORTION OF OUR IMPACT FEES. SO WE DO FEEL LIKE OUR. THAT OUR REQUEST IS TIMELY BECAUSE WE WE RELIED ON THAT ON THOSE ON THOSE CONVERSATIONS THAT WE HAD WITH THE CITY. IS THERE ANYTHING ELSE? I'M NOT A PROFESSIONAL WITH THIS. SORRY. OKAY. I THINK THAT DO WE GO TO QUESTIONS OR DO YOU SAY THAT. OH YEAH. YEAH, YEAH I WAS GOING TO SAY SOMETHING. I GUESS TO SUMMARIZE OUR POINT IS WE FEEL LIKE WE WE PAID THE IMPACT FEES AND THE TRANSPORTATION PORTION OF THAT TO SUPPORT THE IMPACT OF THIS DEVELOPMENT. IN ADDITION TO THAT, WE ALSO PAID TO WIDEN THE ROAD. AND SO WE JUST FEEL LIKE THERE'S KIND OF A DOUBLE DOUBLE DIP THERE. WE PAID THE IMPACT FEES AND WE PAID FOR THE ROAD. AND SO WE WOULD REQUEST ONLY ONE OR THE OTHER, BUT NOT BOTH.[02:30:01]
OKAY. AND COUNCIL MEMBERS, DO YOU HAVE QUESTIONS FOR EITHER OF OUR SPEAKERS THIS TIME? ANY CLARIFYING QUESTIONS? COUNCILOR FRANCIS, I THINK I WANT TO CLARIFY WHAT I THINK IS A FACT HERE. MAYBE YOU CAN HELP ME WITH THIS, BUT THE WAY I READ THE DEVELOPMENT AGREEMENT, THEY WERE SUPPOSED TO BE A WRITTEN AGREEMENT BETWEEN YOU AND THE CITY BEFORE CONSTRUCTION ON SKYLINE DRIVE. DID THAT DOCUMENT EXIST? I I'M NOT SURE BECAUSE I WE'VE HAD MULTIPLE PEOPLE THAT HAVE BEEN WORKING ON THIS PROJECT. I WASN'T I WASN'T PARTICULARLY INVOLVED IN THE EARLY IN THE EARLY PHASES OF THIS. IN THE EARLY MEETINGS. I JUST KNOW THAT IT WAS DURING ONE OF THE ITERATIONS THAT IT WENT FROM 40FT TO 50FT. WELL, FROM 80 TO 100. SO THEN THAT THAT WAS FROM 40 TO 50 ON OUR SITE, AND WHICH REQUIRED US GIVING UP ANOTHER TEN FEET OF OUR PROPERTY. SO I'M, I'M NOT SURE. OKAY. I WOULD HAVE TO WE'D HAVE TO PROBABLY GO THROUGH CITY RECORDS TO FIND OUT IF IF THAT EXISTED, I'LL, I KNOW THAT IT WAS IN THAT DEVELOPMENT APPLICATION THAT WAS SUBMITTED IN WHAT WAS THAT OR THE. THE APPLICATION FOR DEVELOPMENT THAT WAS IN THAT SECTION S S DOT C .4.00, THE ARTERIAL STREET SECTION IMPROVEMENTS. AND WHERE IT SAYS THE DEVELOPER WILL CONSTRUCT THE ROADWAY IN SKYLINE DRIVE IN COORDINATES IN ACCORDANCE WITH THE CITY APPROVED SITE PLAN. DEVELOPER SHALL BE REIMBURSED FOR THIS WORK AND BE SUBJECT TO THE REQUIREMENTS OF THIS AGREEMENT. AND IT SAID THE REIMBURSEMENT IS SUBJECT TO THE CITY'S ABILITY TO COLLECT IMPACT FEES AND FINAL ACCEPTANCE OF THE ROADWAY. AND I THINK MY OTHER QUESTION MAYBE WILL COME UP LATER, BUT IF YOU COULD ANSWER IT NOW, WILL HELP. ARE YOU ARE YOU ALSO ARE YOU APPEALING THE LETTER THAT WAS SENT TO YOU ON NOVEMBER 6TH, OFFERING US AN AGREEMENT, SETTLEMENT OR AT LEAST A ROUTE TO SETTLEMENT? OKAY, SO THERE WAS THE IN IN THE SUMMARY THAT YOU RECEIVED. THERE WAS IT SHOWS WE ARE REQUESTING A CREDIT FOR THE 0.17 ACRES FOR ROAD CONSTRUCTION AND THE 0.423 ACRES. AND THEN THE AFTER THAT, THERE'S AN EXEMPTION FOR THE PRIOR HOME THAT WAS ALREADY GRANTED THAT 5273. SO IN PARENTHESES, YOU SEE THAT THAT WAS ALREADY GRANTED. WE'RE NOT APPEALING THAT PORTION. SO THERE WAS A HOME, THE HOME THAT WAS RIGHT THERE ON SKYLINE DRIVE. WE WERE CHARGED AN IMPACT FEE FOR THAT HOME. AND SO THEY GRANTED US AN EXEMPTION FOR THAT ONE, BECAUSE THAT HOME WAS TORN DOWN BECAUSE IT WAS CLOSE TO THE ROADWAY. AND AND ALSO, ANYWAY, THAT HOME WAS TORN DOWN. AND SO WE WERE GRANTED THE COST OF THE ONE IMPACT, THE IMPACT FOR THAT ONE DOOR FOR THAT ONE HOME. RIGHT. IN THIS LETTER. YEAH, THAT WAS ALREADY DIRECTED. SO WE'RE NOT TO THAT PART. YEAH. YEAH. THE REST OF WHAT'S IN THIS LETTER YOU'RE APPEALING NOW. YES. THE REST ALL THE REST OF THIS. IN THIS LETTER. YES. OKAY. SO I HAVE A QUESTION AND IT MAY NOT, MAY NOT EVEN BE ANSWERABLE. BUT IN THE EXHIBIT B WHERE YOU HAVE SC 400 OR WHAT ARTERIAL STREET SECTION IMPROVEMENTS IT TALKS ABOUT. DEVELOPER BEING REIMBURSED. THE WORD REIMBURSED IS BEING USED. AND THEN IN THE MEMO FROM CHRIS CANFIELD THAT SECOND BULLET IT ALSO HE SAID THIS COULD BE REIMBURSED. AND YET IN THE CONVERSATION OR IN THE IN THE TESTIMONY THAT YOU'VE GIVEN, YOU TALK A LOT ABOUT CREDIT. TO ME, THERE'S A DIFFERENCE BETWEEN I INCUR SOMETHING A COST, AND THEN I'M REIMBURSED FOR THAT COST IN ITS ENTIRETY. AFTER I PROVE THAT THAT THERE WAS A COST THERE VERSUS, HEY, I SPENT 15, YOU ONLY FIVE, YOU KNOW, I'LL JUST GIVE YOU TEN. AND TO ME, THAT'S WHERE THE CREDIT WOULD COME IN IN THAT KIND OF A TRANSACTION. AND SO I'M JUST WONDERING, ARE WE TRYING TO EQUIVOCATE OR. I DON'T KNOW WHAT THAT WORD MEANS. ARE WE TRYING TO CALL A CREDIT A REIMBURSEMENT OR REIMBURSEMENT A CREDIT BECAUSE THEY'RE NOT THE SAME THING? OKAY. SO WE COULD BE REIMBURSED FOR THIS. WHAT WE WERE ASKING FOR WAS A CREDIT TOWARDS FOR TOWARD THE FEES, TOWARDS FUTURE FEES BECAUSE. SO IN IN OUR DEVELOPMENT PROJECT, THERE WAS 28 TOWNHOMES AND WE'VE ALREADY PAID THE IMPACT FEES FOR THOSE. AND THEN WE HAVE EIGHT BUILDINGS OF CONDOS WITH 24 UNITS EACH. AND RIGHT NOW WE HAVE PERMITTED FOR THREE OF THOSE BUILDINGS. WE STILL HAVE FIVE REMAINING. SO I GUESS WE COULD ASK TO BE REIMBURSED, OR WE JUST FIGURED IT MIGHT BE[02:35:04]
EASIER IF WE RECEIVED A CREDIT TOWARDS FUTURE IMPACT FEES IN THE FIVE REMAINING BUILDINGS THAT WE ARE YET TO PERMIT. SO WE'RE STILL THIS PROCESS. THIS PROJECT IS STILL ONGOING. WE JUST BARELY PULLED PERMITS ON THOSE THREE. THE THREE BUILDINGS IN THE FIRST PHASE OF THE TERRACE CONDOS. TERRACE GATE CONDOS. THANK YOU. DOES THAT HELP? YES. AND IT HELPS ME TO UNDERSTAND THE LOGIC AND WHY YOU WERE USING THAT WORD INSTEAD OF THE OTHER. I GUESS WE COULD HAVE ASKED FOR REIMBURSEMENT, BUT WE JUST FIGURED THAT IT MIGHT BE EASIER TO ASK FOR A CREDIT TOWARDS ADDITIONAL IMPACT FEES THAT WE WILL PAY. WE'LL. I CAN SEE HOW THAT WOULD MAKE SENSE. I CAN ALSO SEE HOW THE CITY MIGHT ARGUE, NO, LET'S KEEP OUR COST CENTERS REALLY CLEAN AND SHOW EVERY TRANSACTION BEING SATISFIED IN FULL SO I CAN SEE BOTH SIDES. BUT THANK YOU FOR EXPLAINING YOUR THOUGHT PROCESS. OKAY, OKAY. ANY OTHER QUESTIONS ONLINE? ANY QUESTIONS FOR THE THE APPELLANT. OKAY. NOT THAT WE'RE SEEING RIGHT NOW. ALL RIGHT. I THINK WE'LL ASK YOU NOT TO GO ANYWHERE AND WE'LL INVITE THE CITY IMPACT FEE ADMINISTRATOR, MISS PAM ALEXANDER, PLEASE COME FORWARD. WE'LL GET YOU. WE'LL GET A CART NEXT TIME. HOW DO YOU WANT ME TO PRESENT? WHAT? JUST YOU PULL UP THE POWERPOINT THAT'S IN THE FOLDER. OKAY? I JUST SEE A LOT OF ATTACHMENTS, SO I WASN'T SURE. IT'S A JUST IN CASE THEY COME UP. THAT'S IT? IT IS. OKAY. THANK YOU. OKAY. MAYOR AND CITY COUNCIL, THANK YOU. THANK YOU SO MUCH FOR THE OPPORTUNITY TO PRESENT THIS APPEAL THIS EVENING. WE'RE GOING TO GO OVER SOME SLIDES AND I HAVE SOME CITY STAFF HERE AS WELL FOR YOU TO ANSWER ANY ASK ANY QUESTIONS OR IF THEY CAN ANSWER ANYTHING. BUT I'M JUST GOING TO GO OVER THE PROCESS REALLY QUICKLY. AND JUST AS FOR THE PUBLIC, I AM THE CITY'S ADMINISTRATOR. MY ROLE IS TO ADMINISTER THE CHAPTER OF THE IMPACT FEE ORDINANCE. SO THAT'S WHY I'M UP HERE DOING SOME INTRODUCTORY TYPE OF CONVERSATION. ALL RIGHT. SO THIS IS A LITTLE A LITTLE BIT OF A SKY VIEW. AERIAL VIEW OF THE PROJECT. AND WE'VE GOT SOME OTHER PICTURES AS WELL. JUST TO KIND OF GIVE YOU A REFERENCE POINT OF WHAT AREA WE'RE TALKING ABOUT HERE. SO THIS IS AN AERIAL VIEW. OH THERE WE GO. OKAY. THIS IS ALONG SKYLINE DRIVE. AND BRIAN CUNNINGHAM TOOK THESE PICTURES THIS MORNING JUST TO KIND OF GIVE A POINT OF REFERENCE OF THE DEVELOPMENT. AND THEN THIS IS THE SOUTH ENTRANCE LOOKING NORTH. AND THEN THIS IS THE NORTH ENTRANCE LOOKING SOUTH.SO THE PROCESS IS FOR AN IMPACT FEE ASSESSMENT REQUEST. IT WAS SUBMITTED AS DOCUMENTED BY TERRACE GATE PROPERTY FUND LLC. IT WAS SUBMITTED IN PERSON AND IT WAS STAMPED IN BY THE CITY CLERK'S OFFICE. IT WAS ALSO RECEIVED VIA EMAIL. THE REQUEST, AS WE UNDERSTOOD IT WAS FOR A CREDIT AND AND OR AND OR REIMBURSEMENT FOR SYSTEM IMPROVEMENTS. THE DOCUMENTS SPECIFICALLY REQUESTED CREDITS FOR LAND AND DEDICATING THE RIGHT OF WAY STRIP OF APPROXIMATELY 0.17 ACRES ALONG SKYLINE DRIVE, AND DEDICATING RIGHT OF WAY STRIP OF APPROXIMATELY 0.4423 ACRES FOR THE SOUTH END OF THE DEVELOPMENT THERE. THE REQUEST ALSO INCLUDED A CREDIT FOR CONSTRUCTION FOR THE RIGHT OF WAY STRIP PAVEMENT EXCAVATION, CURB GUTTER, TRAFFIC CONTROL, STRIPING, UTILITY RELOCATION, AND SIGNAGE. NOW, ALL OF THESE DOCUMENTS ARE IN YOUR PACKET. AND WHAT I TRIED TO IDENTIFY IN THE COUNCIL MEMO IS THE EXHIBITS BASED ON THE DIFFERENT PARTIES THAT SUBMITTED THE INFORMATION. AND FINALLY, THERE WAS ALSO A PRIOR USE EXEMPTION REQUEST FOR A DEMOLITION OF A SINGLE RESIDENTIAL UNIT. THE DOCUMENTATION REVIEWED I'VE STACKED UP HERE, BUT IN ADDITION TO THAT, WE LOOKED AT THE APPROVED DEVELOPMENT AGREEMENT THAT WAS APPROVED BY CITY COUNCIL ON JANUARY 25TH, 2024. SECTION OF SECTION 11 OF THE PARTICIPATION OF THE CITY AND IN THIS DEVELOPMENT AGREEMENT ON SECTION 11 TALKS ABOUT. RIGHT HERE. I NEED MY GLASSES. SO THIS IS THE DEVELOPER AGREEMENT AND SECTION 11 ON PAGE FIVE OF 13 TALKS ABOUT THE PARTICIPATION OF THE
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CITY. AND THEN THE LAST SENTENCE ON IT. IT SAYS PRIOR TO COMMENCEMENT OF THE SHARED WORD, DEVELOPER SHALL OBTAIN AND DELIVER TO CITY THREE INDEPENDENT BONAFIDE BIDS FOR THE PERFORMANCE OF SUCH WORK FROM QUALIFIED AND RESPONSIBLE CONTRACTORS. AND SO IT GOES ON A LITTLE BIT MORE ABOUT WHAT THE PROCESS IS. SO WE LOOKED AT SO I LOOKED AT THAT. I ALSO LOOKED AT EXHIBIT B, SPECIAL CONDITIONS ON THE DEVELOPMENT AGREEMENT THAT IS ALSO IN YOUR PACKET. AND THEY ARE LISTED HERE. AND THESE ARE THIS IS PAGE 12 OF 13. I THEN WENT IN AND LOOKED AT CITY CODE BECAUSE WITH THE DEVELOPMENT AGREEMENT IT'S CLEAR WHAT THE WHAT THE WORK IS BEING ASKED FOR. IT WAS AGREED TO, IT WENT TO COUNCIL. IT IS A DOCUMENT OF RECORD DATED JANUARY 25TH, 2024, WENT INTO CITY CODE, LOOKED AT THE SECTIONS OF TEN DASH EIGHT, NINE, A AND TWO TO LOOK AT THE CONFORMITY OF THE REQUEST THAT WAS MADE. AND THOSE ARE PAGES 18 AND 19 OF 24 IN THE ORDINANCE OR THE CITY CODE. AND THEN FINALLY, I LOOKED AT THE DEVELOPMENT DOCUMENTATION AND CITY WORKS. I LOOKED TO SEE IF THERE WAS ANY PERMIT FEES, PERMITS ISSUED, BECAUSE IN THE CITY ORDINANCE SPECIFICALLY SAYS THAT PRIOR TO THE ISSUANCE OF PERMIT FEES, A REQUEST CAN BE MADE AND THOSE PERMIT FEES THAT WERE ALREADY ISSUED. AND SO THAT DIDN'T THAT DIDN'T QUALIFY WITHIN OUR CITY OR WITHIN OUR CITY ORDINANCE AND CITY CODE. SO I WAS ABLE TO DOCUMENT THE PERMIT ACTIVITY IN OUR CITY WORK SYSTEM. THE RESPONSE AND THE APPLICANT APPLICANT APPEAL. AS WE MENTIONED, THE DETERMINATION WAS MADE ON NOVEMBER 6TH BY A WRITING AND ALSO EMAIL. WE DID NOT OR I PARDON ME, THE ADMINISTRATOR DENIED THE SYSTEM IMPROVEMENT CREDITS AS UNTIMELY AS IDENTIFIED IN THE CITY CODE SECTION OF THE ORDINANCE AND UNTIMELY, AND THERE WAS ALSO A LACK OF A WRITTEN AGREEMENT PRIOR TO THE COMMENCEMENT OF THE WORK PERFORMED. THAT WAS VERY CLEAR IN BOTH THE DEVELOPMENT AGREEMENT AS WELL AS IN THE CITY CODE WE OFFERED OR WE DISCUSSED THESE, SAT DOWN AND DISCUSSED, AND WE THOUGHT, WELL, WE COULD OFFER AN INFORMAL SOLUTION FOR THE ROAD WIDENING BECAUSE IT IS OUTLINED IN THE DEVELOPMENT AGREEMENT. WE ALSO GRANTED THE PRIOR USE EXEMPTION FOR A SINGLE FAMILY RESIDENTIAL RESIDENTIAL UNIT. ORIGINALLY, THE COST THAT WAS REQUESTED WAS THE MAXIMUM SUPPORTABLE FEE OF OVER 6000. THE MAXIMUM SUPPORTABLE FEE IS ABOUT 5000 $505,023 ISH. AND THEN FINALLY THE APPLICANT APPEALED THE DETERMINATION. ON NOVEMBER 24TH NOVEMBER 24TH OF 2025. SO THAT'S THE PROCESS. WE WENT THROUGH THE DOCUMENTATION WE LOOKED THROUGH. WE LOOKED THROUGH ALL THE DOCUMENTS THAT WERE PROVIDED BY THE APPELLANT, AS WELL AS THE CITY CODE, TO DETERMINE WHETHER OR NOT THE REQUEST WAS ACTUALLY TIMELY AND WHETHER OR NOT IT MET CITY CODE. ONE OF THE THINGS WE WERE ABLE TO DO, AS I MENTIONED A FEW MOMENTS AGO, WAS LOOK AT OTHER, OTHER OPTIONS, AND THAT WAS THE OPTION THAT WE GAVE, WAS AN INFORMAL RESOLUTION TO THE ROAD WIDENING, PROVIDED THAT THE THREE BIDS COULD BE SUBMITTED TO OUR PUBLIC WORKS DEPARTMENT FOR CONSIDERATION FOR THE ROAD BINDING OF SKYLINE DRIVE. OKAY.I'M GOING TO ASK OUR ENGINEER AT PUBLIC WORKS, BRIAN CUNNINGHAM, TO GO OVER A LITTLE BIT ABOUT HIS PROCESS FOR DEVELOPMENT AGREEMENTS. SO TRYING HIM WITH PUBLIC WORKS.
MY JOB IS TO WORK WITH THE DEVELOPER AND THE ENGINEERS ON THE APPROVAL PROCESS FOR THE IMPROVEMENT NEURONS AND WORK THROUGH THE DEVELOPMENT AGREEMENT, AS WELL AS REIMBURSEMENTS WHEN APPLICABLE. WHEN PUBLIC ROADWAY IMPROVEMENTS ARE INSTALLED FOR THE DEVELOPMENT INCLUDES CONSTRUCTION OF PUBLIC RIGHT OF WAY THAT QUALIFIES FOR IT FROM THE UNIVERSITY. IT IS ADDRESSED IN THE DEVELOPMENT AGREEMENT AS AS IT'S BEEN POINTED OUT ALREADY, WE ASKED THE DEVELOPER TO PROVIDE US THREE BIDS PRIOR TO CONSTRUCTION BECAUSE IT'S EASIER TO GET FAIR AND COMPETITIVE BIDS UPFRONT RATHER THAN ON THE BACK END. WE WE DO OUR BEST TO TO BE RESPONSIBLE FOR THE PUBLIC EXPENDITURES OF FUNDS AND APPROVE THE COSTS ACCORDINGLY. AND IT IS DIFFICULT TO GET FAIR AND COMPETITIVE BIDS AFTER THE PROJECTS HAVE BEEN CONSTRUCTED AND TO CONFORM WITH THE STATE STATUTES REGARDING PUBLIC WORKS
[02:45:02]
CONSTRUCTION. NOW, WE DO HAVE DEVELOPERS THAT FAIL TO SUBMIT THREE BIDS UPFRONT BEFORE CONSTRUCTION, SO WE HAVE WORKED WITH THEM IN THE PAST. ON THOSE OCCASIONS. BUT WE STILL WE STILL REQUIRE THREE BIDS FOR THE PROJECT. AND THEN I CAN WORK WITH THE DEVELOPER AND THEIR ENGINEERS TO TO WORK OUT THE QUANTITIES AND THEN WORK OUT THE COST. TO THE BIDS. AND WE'LL, WE WILL GO WITH THE LOWEST BID WHEN THOSE ARE FACTORED IN. FROM ESTABLISHING THE COST. WE HAVE ONLY REIMBURSED FOR ROADWAY IMPROVEMENTS. THE CITY DOES NOT PAY FOR THE RIGHT OF WAY THAT IS REQUIRED AS PART OF THE DEVELOPMENT. TO DATE, I HAVE NOT RECEIVED THREE BIDS FROM THE DEVELOPER OR ENGINEER. IT IS MY UNDERSTANDING THAT THE APPELLANT HAS PROVIDED BIDS AS PART OF THIS APPEAL. BUT I ASSUME YOU. KNOW, AND THEN I JUST BRIEFLY, THE CONSTRUCTION OF SKYLINE DRIVE THAT YOU MENTIONED, THEY HAVE ABOUT 90% OF IT IS CONSTRUCTED. WE GO BACK TO THE PHOTOS IF WE NEED TO, ABOUT 10% ON THE NORTH END.THE APPROACH INTO THE PROJECT ON THE NORTH END. THEY HAVEN'T COMPLETED THAT YET. AND WE WOULDN'T ACCEPT THE PUBLIC IMPROVEMENTS AS OPPOSED TO TOWNHOUSE IMPROVEMENTS ARE COMPLETED AND THEN TO OUR STANDARDS. WE GOT QUESTIONS ON THAT. I DO HAVE A QUESTION. I'M LOOKING AT THE ORDINANCE, THE IMPACT, THE ORDINANCE. LET'S SEE. I'M UNDER 1089 CREDIT REIMBURSEMENT. AND THERE'S THIS REFERENCE TO SYSTEM IMPROVEMENTS OR CONTRIBUTION.
AND THEN IN PARENTHESES TO EXCLUSIVE OF PUBLIC RIGHT OF WAY OR EASEMENT DEDICATION.
THAT'S A COMMON PRACTICE WE HAVE ACROSS THE CITY. IS THAT CORRECT. IS THERE A REASON FOR THAT? WHY? WE DON'T THINK RIGHT AWAY. YEAH, NEITHER OTHER THAN BUT THAT'S THE WAY WE TREATED EVERYBODY. THAT'S THE WAY WE TREATED EVERYBODY IN THIS. IN THIS PARTICULAR CASE, WE UTILIZED THE ACCESS MANAGEMENT PLAN, WHICH IS AN ADOPTED DOCUMENT DECLARED SKYLINE DRIVE IS AN ARTERIAL, RIGHT. THERE WAS ONLY AN EXISTING 80 FOOT RIGHT OF WAY THERE. SO WE DECIDED TO DEDICATE AN ADDITIONAL TEN FEET. AND THAT'S THAT'S COMMON PRACTICE THROUGHOUT THE CITY. OKAY, OKAY. AND I'M NOT SURE I'VE GOT TWO QUESTIONS. I DON'T KNOW IF THEY'RE YOUR WORLD OR DIRECTOR ALEXANDER'S WORLD. IN IN THE BEGINNING WHEN YOU WERE SPEAKING, YOU SAID IT WAS UNTIMELY. WAS THAT SPECIFICALLY REFERRING TO THE LACK OF THE THREE BIDS? IS THAT WHAT WAS UNTIMELY OR WHAT WHAT WAS UNTIMELY IS IN THE ORDINANCE? IT CLEARLY SAYS TEN DASH EIGHT NINE. IT TALKS ABOUT ANY CONSTRUCTION FUNDING OR CONTRIBUTION NOT AGREED TO IN WRITING BY THE CITY PRIOR TO THE COMMENCEMENT OF SUCH CONSTRUCTION. SO THAT WAS ONE SECTION. THE OTHER SECTION WE LOOKED AT WAS THE IMPACT, THE FEES, THE PERMIT FEES WERE ISSUED PRIOR TO THIS REQUEST. AND IT SAYS IN THE ORDINANCE THAT PRIOR TO THE PERMIT FEES BEING ISSUED, THE DEVELOPER MAY REQUEST. AND THAT WAS NOT DONE EITHER. BECAUSE THE PERMITS WERE ISSUED, PERMITS WERE ISSUED AS FAR BACK AS 2024 AND EARLY FALL OF 2025. AND THEN THE OTHER PART THAT WAS MENTIONED WAS A LACK OF WRITTEN AGREEMENT. IS THAT STILL NONEXISTENT OR DOES THAT EXIST NOW, OR THE WRITTEN AGREEMENT IS AT THE LACK OF THE WRITTEN AGREEMENT HAS TO DO WITH THE ORDINANCE SECTION. AGAIN. TEN DASH 8-9. IT SAYS ANY ANY CONSTRUCTION FUNDING OR CONTRIBUTION NOT AGREED TO IN WRITING BY THE CITY PRIOR TO THE COMMENCEMENT OF SUCH CONSTRUCTION, SO THAT THAT'S THE KEY FACTOR THERE. IF IF WE WANT TO USE A CREDIT REIMBURSEMENT WITH THE ORDINANCE IN TRIGGERING THE ORDINANCE AS A METHOD, AND THAT WAS ENTITLED. AND NO DOCUMENTATION WAS PROVIDED. SO IT WAS BOTH AND I WAS JUST GOING TO ADD CONSTRUCTION OF THIS PROJECT STARTED IN LATE SPRING, EARLY SUMMER OF 2024. AND THEN WHAT HAS BEEN COMPLETED AS OF RIGHT NOW WAS DONE LATE FALL OF 2024. SO LAST YEAR, IN THE BEGINNING OF THAT NORTH PORTION. SO YOU'RE TALKING JUST ABOUT THE THE ROADWAY THAT TEN FEET. SURE.
SORRY. GO BACK TO THAT. SO THAT THAT INTERSECTION THERE YOU CAN SEE ON THE SOUTH OR THE FAR
[02:50:10]
PORTION, THE NEW CURBING GUTTER AND SIDEWALK THAT'S GOT TO BE COMPLETED ON THE NORTH SIDE.AND THE EXISTING EXISTS THROUGH THAT APPROACH HAS TO BE REMOVED AS WELL. THANK YOU, MR. CUNNINGHAM. I DO HAVE ONE MORE QUESTION, AND THAT IS THE APPELLANTS REFERRED TO A CHANGE BEING MADE FROM AN 80 FOOT TO A 100 FOOT, THE DIFFERENCE BEING AN ARTERIAL VERSUS A MAJOR ARTERIAL. I GUESS THE MEASUREMENT WAS THAT A A CHANGE IN THE ACCESS MANAGEMENT PLAN THAT WAS INTRODUCED AFTER THEY'D STARTED THEIR PROJECT, OR WAS THAT JUST A MISREAD ON THE 80 EXISTING WHEN IT WAS A COUNTY ROAD VERSUS THE 100 REQUIRED EXISTING, DEDICATED EXISTING RIGHT OF WAY BEFORE THEY STARTED WAS 80FT. THE ACCESS MANAGEMENT PLAN THAT NEEDED ADOPTED DEFINED IT AS A ARTERIAL, WHICH REQUIRES 100FT, SO EACH SIDE OF THE ROAD WOULD BE REQUIRED TO DEDICATE AN ADDITIONAL FEET, AND WHERE WOULD DEVELOPERS ENCOUNTER THAT ACCESS MANAGEMENT PLAN IN THEIR IN ALL OF THEIR WORK, IN THEIR PLANNING? WHERE DOES THAT WHERE DO THEY WHERE DOES IT COME INTO PLAY? WHERE DO THEY FIND IT? IS THAT UP TO THEIR ENGINEER TO FIND IT? THEIR ENGINEER SHOULD BE AWARE OF THE ACCESS. I MEAN, WE REFER TO IT ALL ENGINEERS WE DEAL WITH. THAT'S WHAT WE REFER TO IN IS DEFINED AREAS. OKAY. SO IT WASN'T A CHANGE FROM FROM YOUR PERSPECTIVE. NO CHANGE AT ALL. IT WAS ALWAYS THAT THAT WAY. YES. OKAY. ONCE IT WAS ANNEXED. YES OKAY. THANK YOU. MAYOR I DO HAVE A QUESTION. OH GOOD. WE'RE HEARING LIFE ON THE OTHER END OF THE LINE. WONDERFUL. PLEASE GO. RIGHT, SO I, I AM THIS IS A QUESTION FOR BRIAN CUNNINGHAM. HE MENTIONED THAT SOMETIMES A DEVELOPER DOES NOT GET THREE BIDS. AND I ASSUME THAT THE PROCESS IS OUTLINED BY DIRECTOR ALEXANDER IS THE PROCESS THAT THEY WOULD TYPICALLY USE TO GET THREE BIDS FROM GO GET TWO MORE BIDS FROM A. COMPANY, WHITE RIVER, FROM A CONTRACTOR WHO COULD DO THE WORK, AND THEN THE CITY WILL. REIMBURSE FOR THE LOWEST. SO THAT THAT DOES HAPPEN ON OCCASION. THAT DOES HAPPEN ON OCCASION AND IN MOST CASES. ON ALL THE CASES I'VE DEALT WITH, THE DEVELOPER HAD THREE BIDS PRIOR TO CONSTRUCTION. HE JUST DIDN'T. THEY DIDN'T. THEY JUST HADN'T GONE THROUGH THE PROCESS OF SUBMITTING THEM IN ADVANCE OF CONSTRUCTION AND WORKING THROUGH IT IN ADVANCE. OKAY, SO I GUESS THAT WOULD BE MY QUESTION THEN FOR THE DEVELOPER IN THIS CASE, TO JUST TO SEE IS WHETHER OR NOT THEY'RE THEY DO HAVE THREE BIDS OR IF THEY WE HAVE FOUR. AND REALLY IF YOU GET TREATED FOUR SO THAT WE CAN MOVE THROUGH THIS PROCESS IN IN A WAY THAT IS, HAS BEEN CONDUCTED IN THE PAST. JUST TO KEEP THE RECORD CLEAR, THAT'S A COUNCIL PRESIDENT. BURTENSHAW THAT'S A QUESTION YOU CAN ASK THE APPELLANT DURING THEIR REBUTTAL TIME. SO JUST MAKE SURE THAT THAT GETS COVERED.
AND THAT WAY IT'S CLEAR WHO'S WHO'S SPEAKING. FOR THE RECORD I THANK YOU. THANK YOU I WAS THINKING THAT IT IT IT GETS TRICKY TO TO INTERRUPT THE CITY'S PRESENTATION. BUT AT THE SAME TIME WANTING TO DO WHAT WAS RIGHT. SO THANK YOU FOR CLARIFYING THAT CITY COUNCIL OR LEGAL COUNSEL. SO WITH THAT, ARE THERE ANY FURTHER QUESTIONS FOR MR. CUNNINGHAM. AND WE WILL PUT A PIN IN THE IN THE CLARIFIED QUESTION FROM COUNCIL PRESIDENT. BUT YES, MAYOR, IF I MAY. SO WE DID WE DID ADDRESS THE A LITTLE BIT OF THE PROCESS OF THE LETTER ON PAGE TWO OF THE LETTER FROM THE IMPACT FEE ADMINISTRATOR. IT SAYS, HOWEVER, RECOGNIZING THAT WIDENING SKYLINE DRIVE IS A PART OF A CAPITAL IMPROVEMENT PLAN AND QUALIFIES AS AN IMPROVEMENT, THE CITY IS WILLING TO WORK TOWARDS AN INFORMAL RESOLUTION WITH TERRORISTS. TERRORISTS GATE FOR PART IF ITS REQUEST FOR A CONSTRUCTION CREDIT. AND WE SAID HERE IN THE LETTER, IF TERRORISTS GATE WILL PROVIDE DOCUMENTATION DISCUSSED BELOW, THE CITY IS WILLING TO PAY FOR THE FOLLOWING QUANTITIES FOR THE ITEMS AS BELOW. AND THEN THERE WAS A LIST OF THE ITEMS, AND THEN THAT THAT'S WHAT WE PROVIDED IN THE LETTER PRIOR IN OUR RESPONSE PRIOR TO RECEIVING THE APPEAL. YES. OKAY. AND I DID NOTICE THAT I WAS JUST MAKING SURE THAT THIS WAS COULD BE TYPICAL FOR MR. CUNNINGHAM, AND I COULD UNDERSTAND WHY THE APPELLANT WE ALSO TRY AND GET EVERYTHING THAT THEY REQUESTED BY ASKING FOR THE APPEAL. SO I DID RECOGNIZE THAT. DIRECTOR
[02:55:02]
ALEXANDER, I JUST WAS WONDERING WHETHER OR NOT THIS WAS WORKING TOWARDS A RESOLUTION. BY GIVING THOSE THREE OTHER DATES. VERY GOOD. THANK YOU FOR THAT. SO WITH THAT, I THINK WE'RE READY TO MOVE ON. IS THERE ANYBODY ELSE ON THE IMPACT FEE ADMINISTRATOR SIDE? YES, YOUR HONOR, FOR YOUR HONOR. MAYOR, APOLOGIZE. ALL RIGHT. SO I'M JUST GOING TO GO THROUGH THE LEGAL BASIS FOR THE IMPACT FEE ADMINISTRATIVE DECISION FIRST. SO THE ISSUE HERE IS THE THE ADMINISTRATOR, GET IT CORRECT IN DENYING. AND AGAIN, WE'RE NOT ON THE THE GRANT. WE'RE NOT THEY'RE NOT APPEALING THE GRANT FOR THE ONE HOME THAT WAS DEMOLISHED. AND GRANTED THAT THEY'RE NOT APPEALING IT HERE. WE'RE JUST TALKING ABOUT THE REQUEST FOR A CREDIT FOR THE SYSTEM IMPROVEMENTS GOING THROUGH THE STANDARD REVIEW. THIS IS THE LENS YOU VIEW. THE N THROUGH. YOUR REVIEW OF THE EVIDENCE IS DE NOVO. YOU GET TO RECONSIDER THE FACTS AS YOU SEE FIT. AS WAS INDICATED BY THE MAYOR EARLIER, THE BURDEN OF PROOF IN THE HEARING SHALL BE ON THE FEE HERE. THAT'S FOR THE APPELLANT TO DEMONSTRATE BY THE APPEARANCE OF THE EVIDENCE THAT THE APPEAL SHOULD BE GRANTED. NOW, THERE'S PREPONDERANCE OF EVIDENCE THAT APPLIES TO EVIDENCE. RIGHT. SO WHEN YOU'RE WEIGHING AN EVIDENTIARY QUESTION, I DON'T AND I DON'T THINK THERE'S AN EVIDENTIARY DISPUTE HERE. IT'S WE'RE NOT LISTENING TO THE APPELLANT'S ARGUMENT. I DIDN'T HEAR A FACTUAL DISPUTE. QUESTIONS OF LAW. YOU CAN FIND THAT IN THIS SECTION OF THE CODE, IT'S LIMITED TO WHETHER THE CHAPTER WAS CORRECTLY INTERPRETED, CORRECTLY APPLIED, ETC. THAT IS ALSO DE NOVO. YOU GET TO DECIDE WHETHER THE IMPACT FEE ADMINISTRATOR GOT THE LAW CORRECT. THERE'S NO DEFERENCE PAID TO THE IMPACT FEE ADMINISTRATOR, BUT THERE'S NO PREPONDERANCE HERE. IT'S JUST WAS IT RIGHT AS A MATTER OF LAW MEANS THERE'S NO WEIGHING OF EVIDENCE TO DECIDE WHAT THE LAW IS. YOU JUST HAVE TO DETERMINE WHAT THE LAW IS. AND THIS IS JUST A THE LAST BIT OF THE STANDARD REVIEW. ONE CRITERIA THAT THE CRITERIA TO BE USED TO DECIDE WHO WAS RIGHT, WHETHER STAFF'S INTERPRETATION WAS RIGHT, OR THE APPELLANT'S INTERPRETATION RIGHT, WAS WHETHER MORE ACCURATELY REFLECTS THE INTENT OF THIS CHAPTER. THE NEW GROWTH AND DEVELOPMENT OF THE CITY IS PROPORTIONATE SHARE OF THE COST OF IMPROVEMENTS FOR PUBLIC FACILITIES NECESSARY WITH CERTAIN DEVELOPMENTS. SO THAT'S THE STANDARD REVIEW. THAT'S WHAT YOU'RE LOOKING THROUGH, THE IMPACT BEING AN ADMINISTRATIVE DECISION THROUGH. SOME OF YOU MAY HAVE NOTICED THE TIME DIFFERENCE BETWEEN WHEN THE IMPACT FEE ADMINISTRATIVE DECISION WAS ISSUED. OCTOBER 6TH. THE APPELLANT FILED AN APPEAL 16 DAYS LATER ON NOVEMBER 4TH. AND THOSE OF YOU WHO NOTE THE TIMELINESS OF APPEAL, IT NEEDS TO BE WITHIN 15 DAYS AFTER THE NOTICE OF THE DECISION. SO AT FIRST GLANCE, IT SEEMS LIKE IT'S UNTIMELY. BUT OUR DEFINITION OF DAY UNDER THE STATUTE, UNDER THIS ORDINANCE AND THIS IS UNUSUAL, I WILL HIGHLIGHT THIS. THIS IS NOT SOMETHING THAT I SEE IN CIVIL PROCEDURE. EACH DAY IS A 24 HOUR PERIOD WHERE THE CITY IS GENERALLY OPEN FOR BUSINESS, WHICH IS NOT A HOLIDAY OR WEEKEND DAY. SO WE'RE ONLY COUNTING BUSINESS DAYS. OKAY. SO WHEN YOU DO THAT, WHEN YOU EXCLUDE WEEKENDS AND HOLIDAYS, THE 15 DAY PERIOD MEANT THE APPELLANT HAD A DECEMBER 2ND TO FILE APPEAL. SO I THINK MY MY OPINION IS IT WAS TIMELY AND THAT'S JUST THE APPEAL OF THE ADMINISTRATOR'S DECISION. SO LOTS OF TIMES IN LAW YOU GET A SITUATION WHERE YOU HAVE A SUBSTANTIVE CLAIM THAT IS GOOD, BUT IT'S BROUGHT AT THE WRONG TIME. THERE'S A PROCEDURAL ISSUE WITH IT. FOR INSTANCE, LET'S SAY THERE'S A CAR CRASH AND THERE'S A PERSONAL INJURY LAWSUIT, AND IT COULD BE A GREAT ONE. STATUTE OF LIMITATIONS IS TWO YEARS. YOU FILE TWO YEARS, AND ONE DAY AFTER THE ACCIDENT YOU'RE TOO LATE. YOUR CLAIM IS BARRED, EVEN IF IT'S A REALLY GOOD CLAIM. RIGHT. AND HERE THE IMPACT FEES ADMINISTRATIVE DECISION, AS FAR AS THE DENIAL GOES, WAS BASED ON PROCEDURAL. AND THE THE SUMMARY OF IT IS THE APPELLANT FAILED TO ENTER INTO A WRITTEN AGREEMENT WITH THE CITY AS TO THE AMOUNT OF THE IMPACT FEE CREDIT PRIOR TO THE COMMENCEMENT OF WORK ON SKYLINE DRIVE, MAKING IT UNTIMELY, AND THAT THERE IS A PROCEDURAL BAR. SO I'LL WALK YOU THROUGH THE LEGAL BASIS FOR THAT. OH, LET ME BACK UP. SO AT TIMES THERE APPEAR NEW LEGAL GROUNDS FOR DENYING AN IMPACT FEE OR DENYING A NEW PROCEDURAL GROUNDS. AND WHAT ARE THOSE GROUNDS IS A FAILURE TO PAY UNDER PROTEST, YOU'LL NOTICE. SO AT THE TIME OF APPLYING FOR THE CREDIT, THE APPELLANT IS[03:00:03]
ALREADY PAID FOR THE IMPACT FEES FOR THE DEVELOPMENT. SO THIS IS BY OCTOBER 15TH, 2025.THIS YEAR, WHEN THEY APPLIED FOR THE CREDIT, THEY HAD ALREADY PAID THEIR IMPACT FEES.
YOU'LL NOTE ON THEIR INITIAL APPLICATION THAT THEY SAY THE FEES WERE NOT FORMALLY PAID UNDER PROTEST. THEY SAY THEY PAID ALL IMPACT FEES. THEY WERE NOT PAID UNDER PROTEST. THAT'S IMPORTANT. HE'S UNDER OUR CITY CODE. THEY ARE ALLOWED TO PAY AN IMPACT FEE UNDER PROTEST, AND IF THEY DO THAT UNDER PROTEST, THEY ARE NOT STOPPED FROM EXERCISING THE RIGHTS OF APPEAL PROVIDED HEREUNDER. WELL, NOW WE'RE HERE UNDER APPEAL. THEY DIDN'T PROTEST OR DIDN'T PAY UNDER PROTEST. HERE'S A CASE, THE IDAHO SUPREME COURT SAYING A FAILURE TO PAY, BASICALLY STANDING FOR THE IDEA THAT A FAILURE TO PAY IMPACT FEES UNDER PROTEST IS STOPS A FEE PAYER FROM LATER APPEALING. IN THAT CASE, THE DEVELOPER THAT BMC, LLC DID NOT REQUEST AN INDIVIDUAL ASSESSMENT OF THE IMPACT AMOUNT OF IMPACT FEES. IT DID NOT APPEAL THE CALCULATION OF FEES AND DID NOT PAY THE FEES ASSESSED UNDER PROTEST. IT SIMPLY PAID THE IMPACT FEES AND THE AMOUNT INITIALLY CALCULATED. BUT THAT'S WHAT HAPPENED HERE. THEY PAID WITHOUT PROTEST AND THEY HELD. HAVING DONE SO, THE DEVELOPER CANNOT NOW CLAIM THAT THE AMOUNT OF ITS IMPACT FEES CONSTITUTE AN UNCONSCIONABLE TAKING OF ITS PROPERTY. SO THEY HELD THAT AS FAR AS FOR PURPOSES OF AN APPEAL TO THE SUPREME COURT, IF YOU FAIL TO PAY UNDER PROTEST, YOU'VE FORFEITED THE RIGHT. AND THERE'S REASONS FOR THAT. IF IMPACT FEES NEED TO BE USED WITHIN A CERTAIN AMOUNT OF TIME, IF PEOPLE SIT, IF THEY PAY IMPACT FEES AND THEN WAIT AROUND FOR A WHILE TO THEN SAY, HEY, I WANT TO PROTEST NOW.
WELL, WE COULD HAVE ALREADY USED SOME OF THOSE IMPACT FEES. THIS IS A PROCESS THEY NEED TO FILE UNDER PROTEST. SO THERE WERE CRIES THAT THERE'S AN ISSUE SO WE CAN GET IT RESOLVED BEFORE THEY COME INTO THE STATES OR THE CITY'S COFFERS TO BE USED. SO THIS IS THIS IS A NEW BASIS, AND IT APPLIES THESE NOW THAT ARE APPEALING. AND YOU'LL NOTICE THAT THE LANGUAGE IS THEY'RE NOT STOPPED FROM APPEALING IF THEY PAY UNDER PROTEST HERE. THEY DIDN'T PAY UNDER PROTEST. SO THAT IS AN INDEPENDENT BASIS AND NEW BASIS FOR THE CITY TO DENY THE IMPACT FEE REQUEST CREDIT. I TALKED ABOUT IT A LITTLE BIT OKAY. ALL RIGHT. SO THAT'S AGAIN THAT'S COMPLETELY INDEPENDENT OF THE FEE ADMINISTRATOR'S DECISION BECAUSE HERE ON APPEAL THEY FAILED. THEY FAILED TO PAY UNDER PROTEST. SO IT BARS THEIR APPEAL. BASICALLY THEY'RE STOPPED. SECOND THIS GOES TO THE MERITS OF THE ADMINISTRATOR'S DECISION. SO TO BE ELIGIBLE FOR A CREDIT UNDER OUR ORDINANCES FOR IMPACT FEE CREDITS, IT WAS REQUIRED TO ENTER INTO A WRITTEN AGREEMENT AS TO THE AMOUNT OF THE CREDIT PRIOR TO THE COMMENCING WORK ON EXPANDING SKYLINE DRIVE. BRIAN CUNNINGHAM IS AS TO WHY WE NEED TO HAVE AN AGREEMENT AS TO BEFORE, BECAUSE WE NEED TO HAVE BIDS. WE NEED TO HAVE MAKE SURE THAT IT'S COMPETITIVELY BID, THAT WE'RE GETTING A FAIR PRICE FOR WHAT WE'RE DOING. SO HERE ARE THE TWO CODE SECTIONS FROM OUR CITY CODE. NO CREDIT OR REIMBURSEMENT SHALL BE PROVIDED FOR ANY CONSTRUCTION, FUNDING OR CONTRIBUTION NOT AGREED INTO WRITING BY THE CITY PRIOR TO COMMENCEMENT OF SUCH CONSTRUCTION FUNDING OR CONTRIBUTION. HERE. THERE IS NO EVIDENCE THAT THERE WAS ANY SORT OF WRITTEN AGREEMENT AS TO FUNDING OR CONTRIBUTION THAT WAS ENTERED INTO WITH THE CITY PRIOR TO THE COMMENCEMENT OF THE CONSTRUCTION ON SKYLINE DRIVE. THIS IS THIS IS REINFORCED BY ANOTHER PART OF OUR CODE. IF A CREDIT OR REIMBURSEMENT IS DUE TO THE PAYER, THE CITY AND FEE PAYERS SHALL ENTER INTO A WRITTEN AGREEMENT NEGOTIATED IN GOOD FAITH PRIOR TO THE CONSTRUCTION, FUNDING OR CONTRIBUTION. THE WRITTEN AGREEMENT SHALL INCLUDE, AT A MINIMUM, A DESCRIPTION OF HOW THE SYSTEM BRUINS ARE TO BE VALUED AND THE AMOUNT OF THE CREDIT OR THE AMOUNT TIME FOR A REIMBURSEMENT. SO YOU NEED BEFORE THERE'S BEFORE YOU'RE ELIGIBLE FOR AN IMPACT FEE CREDIT, YOU NEED TO HAVE AN AGREEMENT WITH THE CITY PRIOR TO THE COMMENCEMENT OF THE WORK, AND IT HAS TO BE A SPECIFIC AMOUNT OF THE CREDIT. IF YOU DON'T. YEAH. ALASKA. YEAH. GO AHEAD. IS THAT IS THAT PART OF THE REASON FOR THE APPRAISAL'S PRIOR TO THE SO THAT THAT AMOUNT CAN BE DETERMINED. DO YOU MEAN LIKE THE BIDS RIGHT.
YES, YES. THAT'S WHY THOSE APPRAISALS ARE ASKED FOR BEFORE COMMENCEMENT. SO IF YOU'RE PREPARING THIS DOCUMENT, THERE'S A BASIS FOR THE NUMBERS THAT GO INTO THIS. YES. YES ABSOLUTELY. NOW THAT'S THE BIDS ARE REQUIRED UNDER THE DEVELOPMENT AGREEMENT. OUR IMPACT FEE ORDINANCE DOESN'T SPELL THAT OUT THAT IT HAS TO BE PARTICULAR BIDS, BUT IT DOES REQUIRE AN AGREEMENT AS TO THE AMOUNT OF CREDIT. AND THAT WOULD HERE, IN THIS INSTANCE WOULD HAVE BEEN ARRIVED AT THROUGH THE DEVELOPMENT AGREEMENTS PROCESS. SO THIS IS THE CITY CODE. BUT WITH RESPECT TO THE WRITTEN AGREEMENT. YES. AND THERE NEEDS TO BE A PRIOR
[03:05:04]
WRITTEN AGREEMENT THAT'S ENTERED INTO BEFORE THEY COMMENCE CONSTRUCTION. ALL RIGHT. AGAIN, THE REASON BEHIND THIS RULE IS WE GOT TO MAKE SURE THAT AND I'M NOT CASTING ASPERSIONS HERE AS TO THIS PARTICULAR DEVELOPER, WHETHER IT WAS OR WASN'T BID WELL. BUT IN GENERAL, WE HAVE TO BE CAREFUL WITH CITY FUNDS. WE NEED TO MAKE SURE THAT WE HAVE AGREED TO SOMETHING WE HAVEN'T WRITTEN A BLANK CHECK AND THEN AFTER THE FACT, FIND OUT IT WAS THIS MUCH. AND THEN WE TELL THEM, GO GET BIDS. AND IT'S REALLY DIFFICULT TO GET BIDS ONCE CONSTRUCTION IS COMPLETED. AND THERE'S JUST SOME PRACTICAL PROBLEMS. SO THEY DIDN'T ENTER INTO A WRITTEN AGREEMENT AS TO THE AMOUNT OF THE CREDIT BEFORE COMMENCING WORK. SO IT'S UNTIMELY AND THERE'S NO ELIGIBILITY FOR CREDIT AND IT SHOULD BE DENIED. AND SO YOU SHOULD AFFIRM THE ADMINISTRATOR'S DECISION ON THAT. AND THAT'S ANOTHER INDEPENDENT BASIS. NOW, IN THEIR BRIEFING AND THE NOTICE OF APPEAL, THE APPELLANT TRIES TO ARGUE THAT THE DEVELOPMENT AGREEMENT IS THE PRIOR WRITTEN AGREEMENT. THE PROBLEM HERE IS THE DEVELOPMENT AGREEMENT DIDN'T GIVE A SPECIFIC AMOUNT. THE DEVELOPMENT AGREEMENT GAVE A PROCESS FOR HOW TO ARRIVE AT THE AMOUNT. GIVING THE THREE BIDS, RIGHT. SO BASICALLY THE DEVELOPMENT AGREEMENT TO AGREE ON HOW TO GET A SPECIFIC AMOUNT. SO WE GOT TO DIVE INTO THE DEVELOPMENT AGREEMENT. DEVELOPER AGREEMENT SECTION 11 STATES THAT PRIOR TO THE COMMENCEMENT OF THE WORK OF THE SHARED WORK, AND THE SHARED WORK INCLUDES THE WORK ON SKYLINE DRIVE, DEVELOPERS SHALL OBTAIN AND DELIVER THE CITY THREE INDEPENDENT, BONAFIDE BIDS FOR THE PERFORMANCE OF SUCH WORK FROM QUALIFIED AND RESPONSIBLE CONTRACTORS. AS YOU HEARD FROM BRIAN CUNNINGHAM, THIS DIDN'T HAPPEN. FURTHER, IN SECTION 11, THE CITY SHALL HAVE NO OBLIGATION TO PAY FOR ANY PORTION OF THE COST OF THE SHARED WORK UNLESS PRIOR TO THE COMMENCEMENT OF THE WORK. THE PARTIES HAVE EXPRESSLY AGREED IN WRITING TO A SPECIFIC AMOUNT FOR WHICH CITY WILL REIMBURSE THE DEVELOPER. AGAIN, THAT DID NOT HAPPEN. AS SUCH, THE CITY DOES NOT HAVE ANY OBLIGATION UNDER THE DEVELOPMENT AGREEMENT TO PAY FOR THE COST OF SHARED WORK. AS YOU HEARD BRIAN CUNNINGHAM SPEAK TESTIFYING, THE CONSTRUCTION OF SKYLINE DRIVE EXPANSION BEGAN IN THE SPRING OR SUMMER OF 2024. PRIOR TO THIS, THEY DIDN'T SUBMIT THEIR BIDS. THEY HAVE NOW SUBMITTED THREE BIDS AS PART OF THIS APPEAL. BUT THAT WAS PART OF THE APPEAL. IT WAS NOT SOMETHING THAT WAS ORIGINALLY PROVIDED. THIS MEANS, AGAIN, CITY HAS NO OBLIGATION TO PAY UNDER THE DEVELOPMENT AGREEMENT. SO THERE'S BEEN NO NO AGREEMENT AS TO ITS SPECIFIC AMOUNT. AND THERE WAS NO PRIOR AGREEMENT OR AGREEMENT ENTERED INTO FROM THE CITY AS TO A SPECIFIC AMOUNT PRIOR TO THE COMMENCEMENT OF THE WORK. SO THEY FAILED TO COMPLY WITH THE TERMS OF THE AGREEMENT. SO THERE'S NO WRITTEN AGREEMENT? THERE'S NO AGREEMENT AS VISITING AMOUNT. THERE'S NO IMPACT. ANY CREDIT NOW, DOES YOU KNOW THAT EXHIBIT WE WERE GIVEN FOR CHRIS CANFIELD, WHERE THE EMAIL FOR CHRIS CANFIELD, WHERE THEY BASICALLY WHAT THEY'RE TRYING TO DO WHEN I FROM WHAT I UNDERSTAND, THEY'RE TRYING TO SAY THEY'VE GOT REPEATED ASSURANCES THAT WE WOULD GIVE THEM IMPACT FEE CREDITS. WELL, IF YOU LOOK AT THE THE ONLY CONVERSATION SPECIFIC CONVERSATION THAT THEY'VE BEEN ABLE TO IDENTIFY OR, OR CORRESPONDENCE IS THAT EMAIL FROM CHRIS CANFIELD. AND IT'S DATED TEN OR LET'S SEE THE JANUARY 10TH, 2023 THIS NO. PLEASE NOTE THIS WAS BEFORE THE DEVELOPMENT AGREEMENT WAS ENTERED INTO ON JANUARY 25TH, 2024. AND EVEN IN THAT, HE LETS THEM KNOW THIS COULD BE REIMBURSED AND HANDLED IN THE DEVELOPMENT AGREEMENT AS WELL.SO HE TELLS THEM, HEY, YES, WE CAN DO IT. BUT AS PART OF THE DEVELOPMENT AGREEMENT. SO THERE WERE AGREEMENTS FOR CREDITS REIMBURSEMENT, BUT IT WAS THROUGH THE DEVELOPMENT AGREEMENT AND THEY FAILED TO SATISFY THAT CONDITION. PRECEDENT OF GETTING A WRITTEN AGREEMENT PRIOR TO THE COMMENCEMENT OF THE WORK. OTHER THAN THAT, THEY HAVE TODAY MENTIONED SOME CONVERSATIONS, BUT THEY DIDN'T PROVIDE DATES OR DETAILS. SPEAKERS WHO IT WAS.
I DON'T THINK THAT'S EVIDENCE OF SOME SORT OF INFORMAL AGREEMENT. WE NEED A LOT MORE TO PROVE SOMETHING LIKE THAT. NOW, I RECOGNIZE THAT THIS DECISION TO DENY BASED ON PROCEDURAL IS KIND OF HARSH, RIGHT? THAT'S NOT SOMETHING THAT FEELS GOOD. I'VE BEEN ON THE RECEIVING END OF THAT WHERE I THERE WAS A DEADLINE WE BLEW AND IT'S NOT FUN TO BE TOLD, HEY, YOU MIGHT HAVE A GOOD CLAIM, BUT SORRY YOU WERE LATE. SO AS FAR AS THE IMPACT THE ADMINISTRATOR NOTED, WE DID OFFER AN INFORMAL RESOLUTION. I WOULD WANT TO NOTE THAT AS US
[03:10:03]
OFFERING THAT INFORMAL RESOLUTION TO COVER WHAT WE TYPICALLY PAY IS BRIAN CUMMING.CUNNINGHAM SPOKE. WE TYPICALLY WHEN A DEVELOPER HAS FAILED TO DO WHAT THEY'RE SUPPOSED TO PRIOR TO THE COMMENCEMENT WORK, WE'LL WORK WITH THEM. IT WILL ASK THEM FOR BIDS. WE'LL GO THROUGH THAT. WE'LL SAY HERE, HERE'S THE ITEMS WE'RE WILLING TO PAY FOR. AND THAT'S WHAT WE DID HERE. WE SAID, OKAY, AS PART OF AN INFORMAL RESOLUTION, THIS IS WHAT WE'RE WILLING TO PAY FOR. PLEASE SEND US NEW BIDS. AND HERE'S WHAT ITEMS WE'RE WILLING TO PAY FOR. BUT IT'S NOT INCONSISTENT. IN THEIR BRIEFING, THEY CLAIM THAT SOMEHOW WE'RE BEING INCONSISTENT BY SAYING, OKAY, WE'RE DENYING IMPACT FEES, CREDITS, BUT THEN TURNING AROUND AND SAYING, HEY, WE'RE OFFERING AN INFORMAL RESOLUTION. WHAT THIS IS, IS LEGALLY, THEY DON'T HAVE A RIGHT TO YOU COULD DENY, SAY, WE DON'T WANT TO PAY THEM ANYTHING AND YOU COULD GO THAT ROUTE. HOWEVER, AGAIN, IT'S KIND OF A HARSH RESULT, BUT OFFERING AN INFORMAL RESOLUTION IS NOT INCONSISTENT WITH SAYING, HEY, PROCEDURALLY YOU'RE WRONG. IT NEEDS TO BE DENIED, BUT WE'RE WILLING TO WORK WITH YOU BECAUSE IT'S NOT INCONSISTENT. AND AGAIN, THIS IS SOMETHING THIS IS SOMETHING WE DO WITH OTHER DEVELOPERS AND OTHERS IN SIMILAR SCENARIOS.
WE'RE OFFERING THEM THE SAME COURTESY. STAND FOR ANY QUESTIONS. I JUST HAVE A QUESTION. WHY IS THIS AGREEMENT BEFORE BUILDING ONLY ON THE APPLICANTS? WHY DID THE CITY ASK TO HAVE THAT HAPPEN? WHY DON'T WE REQUIRE THAT? I MEAN, WHY AREN'T WE ACTUALLY WHY ARE WE LETTING PEOPLE BUILD? IF THIS IS A REQUIREMENT, WHY IS THIS ON THEIR SIDE OF. YOU SEE MY QUESTION? YEAH. THEY'RE THE ONES WITH THE INFORMATION. THEY'RE THE ONES THAT CAN GET THE BIDS AND PROVIDE THOSE BIDS TO THE CITY. THE CITY'S NOT THE ONE THAT'S GOING OUT TO. SO WE HAVE A DEVELOPMENT AGREEMENT. WHY WOULD THEY DO THIS NEXT THING THAT THIS OTHER AGREEMENT, WHY WOULD ANYONE DO THAT? OH, BECAUSE IT'S VERY IMPORTANT. WHY WOULD THEY DO THAT? YEAH.
WHY WOULD THEY KNOW. WHAT'S THE PREDICTABILITY OF THEM SAYING, OH, I SHOULD DO THESE THREE BIDS AND HAVE THIS OTHER AGREEMENT BECAUSE I THINK I MIGHT SEE WHAT MY QUESTION IS.
IT'S PART OF THE CONTRACT. THE CONTRACT SAYS THIS IS WHAT YOU'VE GOT TO DO. AND SO THEY'RE FULLY AWARE OF IT BECAUSE IT'S IN THE CONTRACT. AND SO THESE ARE THE CONTRACT SAYS YOU GOT THREE BIDS. YOU GOT TO ENTER INTO A WRITTEN AGREEMENT WITH THE CITY PRIOR TO THE COMMENCEMENT OF WORK FOR A SPECIFIC AMOUNT OF REIMBURSEMENT. AS FAR AS THE ANSWER YOUR QUESTION OR I'M JUST I'M STILL CONFUSED WHAT THE REQUIREMENT FOR THIS AGREEMENT IS BESIDES THE DEVELOPMENT AGREEMENT. YEAH. IF SOMEONE ELSE CAN TELL ME, THAT'S FINE, BUT, WELL, CAN I SPEAK TO THAT? I'M THINKING THAT IN THE, IN THE HEARING ITSELF. PROBABLY SHOULD HAVE ANSWERS. AND THAT'S FINE. YOU CAN RESPOND TO IT LATER. BUT THAT'S A QUESTION THAT JUST CAME TO MIND FOR ME. YOU KNOW, LIKE IF THIS IS A PREDICTABLE THING, THEN AND IT WAS ALWAYS ALREADY BEING DISCUSSED IS WHAT I'M INTERESTED IN, WHY THAT INFORMATION WASN'T SHARED OR AND I DON'T KNOW I DON'T KNOW WHY THEY DIDN'T PROVIDE US WITH THE THREE BIDS OR TRY TO COME TO AN AGREEMENT. I DON'T KNOW IF EITHER, BUT IN TERMS OF THE TIMELINESS, IF WE WHAT I'M UNDERSTANDING IS THE TIMELINESS OF THE APPLICATION FOR THIS IS FINE BECAUSE OF THE WORKING DAYS, BUT IN TERMS OF THE TIMELINESS DENIED BY THE ADMINISTRATOR, IT'S BECAUSE THIS AGREEMENT DIDN'T EXIST. IS THAT MY UNDERSTANDING? THAT'S CORRECT. BECAUSE THERE WAS NO AGREEMENT AS TO SPECIFIC AMOUNT. WHEN WOULD THAT TIMELINESS? WHEN FOR IT TO BE TIMELY? WHEN WOULD THAT HAVE HAD TO HAVE HAPPENED PRIOR TO PRIOR TO THE COMMENCEMENT OF WORK ON SKYLINE DRIVE, WHICH STARTED IN THE SPRING OR SUMMER OF 2024? SO PRIOR TO THE CONSTRUCTION OF THE ROAD, NOT THE BUILDINGS, CORRECT. BECAUSE BY THAT POINT, PRIOR TO THE CONSTRUCTION, THEY HAVE THE INFORMATION THEY NEED. THEY'VE GOT THEIR THREE BIDS OR THEY SHOULD HAVE BIDS. ASSUMING THEY BID IT OUT, THEY SHOULD HAVE HAD THE INFORMATION THEY NEED TO SAY, HEY CITY, WHAT YOU'RE WILLING TO TO REIMBURSE OF THIS AND THEN WE CAN WORK WITH THEM BECAUSE THEN AT THAT POINT WE CAN SAY, HEY, IF THERE'S PROBLEMS, WE IDENTIFY PROBLEMS WITH BIDS, WE CAN SAY, HEY, THAT DOESN'T LOOK RIGHT, MAYBE GET ANOTHER BID OR SOMETHING LIKE THAT. SO WOULD THERE. WHEN WOULD YOU DO THIS OTHER AGREEMENT? IF WE HAVE A DEVELOPMENT AGREEMENT AND WE SO YOU'RE SAYING BECAUSE THERE WAS DISAGREEMENT ABOUT THE 80 TO 100FT, THEY SHOULD HAVE KNOWN TO DO THIS OTHER AGREEMENT IS, IS THAT THAT'S WHERE I'M CONFUSED. YEAH. YEAH. NO. BECAUSE THEY KNEW TO DO THIS AGREEMENT OR OTHER AGREEMENT BECAUSE IT'S IN THE DEVELOPMENT AGREEMENT. THAT'S WHAT TOLD THEM, HEY, THERE'S A TRIGGER IF YOU WANT TO. YEAH. IT SAYS CLEARLY THE CITY HAS NO OBLIGATION TO PAY UNLESS PRIOR TO THE COMMENCEMENT OF THE WORK, THEY'VE ENTERED INTO A SPECIFIC AGREEMENT OR AGREEMENT FOR A SPECIFIC AMOUNT. AND THEY HAVE TO DO THIS REFITS AS FAR AS WHETHER THERE'S SOME SORT OF INTERNAL PROCESS TO ALERT PEOPLE THAT, HEY, YOUR CONTRACTUAL RIGHT. THAT'S NOT MY MY REAL QUESTION IS, IF I'M A DEVELOPER NOW, THEN I'M ADDING ANOTHER LAYER I'M GOING TO I'M GOING TO DO THAT EVERY DAMN TIME BECAUSE IT'S YOU KNOW, THAT'S MORE WHAT THEY COULD DO
[03:15:03]
IS NEGOTIATE AS PART OF THE DEVELOPMENT AGREEMENT. HEY, I ACTUALLY HAVE MY THREE BIDS.LET'S PUT IT IN THE DEVELOPMENT AGREEMENT RIGHT HERE. THE QUANTITIES WE AGREE TO AND THE AMOUNT YOU COULD DO THAT. OTHER QUESTIONS ONLINE SEEING ANY. OKAY, THAT LOOKS LIKE WE MAY BE TURNING BACK TO PAM FOR A SUMMATION. JUST JUST A SUMMATION OF THAT OKAY. SO YOU KNOW, TAKING INTO ACCOUNT THE ROLE OF THE IMPACT, THE ADMINISTRATOR AND CITING THE DOCUMENTATION AND THE PROCESS AND THE TIMELINES AND OF THE ACTUAL ORDINANCE ITSELF, THE RECOMMENDATION FOR FROM STAFF, FROM THE IMPACT FEE ADMINISTRATOR AS WELL, IS THAT TO GRANT THE POWER USE EXCEPTION FOR THE SINGLE RESIDENTIAL UNIT THAT WAS DEMOLISHED, THE APPELLANT ORIGINALLY REQUESTED THE MAXIMUM SUPPORTABLE FEE FOR RESIDENTIAL IS $6,027. HOWEVER, OUR CURRENT FEE, THE MAXIMUM SUPPORTABLE FEE TODAY AND OUR CURRENT IMPACT FEE FEES IS $5,273.50. SO THAT WAS GRANTED AS AS THE AMOUNT MENTIONED EARLIER. AND SO THAT IS SOMETHING THAT WAS GRANTED AS PART OF THIS PROCESS. THE RECOMMENDATION IS BASED ON THE ORDINANCE AND THE ALL THE ELEMENTS AND THE TIMELINES AND THE COMMENCEMENT OF PRIOR WORK TO DENY THE SYSTEM IMPROVEMENT CREDITS THAT WERE REQUESTED.
AND THEN FINALLY, THE RECOMMENDATION WOULD BE TO DIRECT STAFF TO WORK WITH THE APPELLANT ON AN INFORMAL RESOLUTION AS OUTLINED IN THE PROCESS IDENTIFIED IN THE IMPACT FEES ADMINISTRATOR'S DETERMINATION. AND WITH THAT, I CAN STAND FOR ANY QUESTIONS.
COUNSELOR LARSON, HAS THERE BEEN ANY CONVERSATION BETWEEN YOU AND THE DEVELOPER? WHAT THAT INFORMAL RESOLUTION MAY LOOK LIKE? COUNSELOR LARSON YES. IN THE NOVEMBER 6TH LETTER, IT SPECIFICALLY WALKED THROUGH WHAT PROCESS WOULD BE THE INFORMAL IT IS ON. WHAT WOULD YOU SAY THE PROCESS? ARE THERE ANY NUMBERS OR ANYTHING IN THAT? I HAVEN'T SEEN IT, I APOLOGIZE THE IT'S ON PAGE. IT STARTS ON THE BOTTOM OF PAGE TWO AND EXTENDS INTO PAGE THREE, PROVIDING THREE BIDS FOR THE ITEMS THAT ARE LISTED HERE. ADDITIONAL ROAD WIDENING 1500 SQUARE YARD. PARDON ME, I START OVER ADDITIONAL ROAD WIDENING WITH SKYLINE DRIVE, 1500 SQUARE YARDS, STANDARD CURB AND GUTTER AT 722 LINEAR FEET, A SIX FOOT SIDEWALK, 460YDā !S STORM UNLESS THREE EACH STORM MANHOLES ONE EACH STORM PIPE OF 77 LINEAR FEET. STORM TECH SYSTEM OF ONE LUMP SUM AND A SEVEN FOOT WIDE LANDSCAPING OF THE LANDSCAPING STRIP AT 4855FTā S. THAT WAS THE INFORMAL RESOLUTION THAT WAS OFFERED IN THE RESPONSE FROM THE IMPACT FEE ADMINISTRATOR.
IN REGARDS TO THIS REQUEST. OKAY. THANK YOU. LET ME JUST CLARIFY THEN. THAT WAS WHAT WAS OFFERED ON NOVEMBER 6TH. VERY CLEAR. BUT ANY INFORMAL DIALOG BACK AND FORTH ON THAT, I SEE NO EVIDENCE OF THAT. IT'S JUST THAT THE APPEAL WAS REQUEST WAS FILED AT THAT POINT. AND THAT BECAME THE RESPONSE. IS THAT RIGHT? CORRECT. MAYOR, WE SENT THE LETTER. THE LETTER WAS SENT NOVEMBER 6TH. IT WAS ALSO EMAILED THE SAME DAY. AND WE RECEIVED, AS NOTED EARLIER IN THE SLIDES, THE APPEAL DIRECTLY FROM THAT POINT, THERE WAS NO CONVERSATION. POST THAT PROCESS.
THANK YOU. ALL RIGHT. I THINK THAT WHAT WE'LL DO AT THIS POINT IS MOVE ON TO THEN ANY FINAL POINTS, SOME SUMMATION, REBUTTAL THAT YOU MIGHT WANT TO OFFER AND THEN FINAL ROUND OF QUESTIONS, AND THEN WE'LL BE ABLE TO MOVE TO DELIBERATION. OKAY. SO WE ACTUALLY ON NOVEMBER 6TH, WE DID SUBMIT WE ACTUALLY SUBMITTED FOUR BIDS. SO WE WE RECEIVED FOUR BIDS PRIOR TO THE COMMENCEMENT OF THE WORK, WHICH WERE INCLUDED IN THAT APPEAL FROM PEPCO, EDSTROM, KNIFE RIVER AND MD NURSERY AND LANDSCAPE. SO WE ACTUALLY HAD FOUR BIDS PRIOR TO THE COMMENCEMENT. SEVERAL TIMES THEY REFERRED TO THE DEVELOPMENT AGREEMENT ON JANUARY 25TH, 2024. LIKE I SAID THIS, ALL THE REQUEST FOR THE WIDENING OF THE ROAD WAS ACTUALLY STARTED CLEAR BACK IN 2022. AND LIKE WE SAID, CHRIS CANFIELD'S EMAIL WAS CLEAR BACK
[03:20:04]
IN 2023. OBVIOUSLY WE PER THE DEVELOPMENT AGREEMENT, WE DID NOT SUBMIT THOSE BIDS PRIOR TO THE COMMENCEMENT. WE DO HAVE FOUR BIDS PRIOR TO THE COMMENCEMENT. IN THE RESPONSE THAT WAS GIVEN TO US ON NOVEMBER 6TH, THE THE RESOLUTION WAS FOR $5,273, WAS THE ONLY CREDIT GIVEN. AS FAR AS THE INFORMAL RESOLUTION. I GUESS WE WE THOUGHT THAT OUR OPTION TO CHALLENGE, OTHER THAN JUST TO TAKE THE $5,273, WAS TO APPEAL IT. SO THAT'S WHY WE APPEALED IT, BECAUSE WE, WE WANTED WE WERE GIVEN A CREDIT FOR THE ONE RESIDENCE THAT WAS DEMOLISHED, BUT WE WEREN'T GIVEN ANY CREDIT FOR THE COST OF CONSTRUCTION, WHICH THE COST OF CONSTRUCTION WAS 328,213. SO I GUESS THAT'S WHY WE APPEALED IT, BECAUSE WE WANTED TO APPEAL FOR SOME KIND OF CREDIT IN, IN IN REGARDS TO THE CONSTRUCTION COSTS OR THE COSTS THAT WERE INCURRED TO CONSTRUCT THIS ROAD. YEAH, I THINK THAT THAT WAS BASICALLY IT. BUT SO, YEAH, SO A LOT OF THESE CONVERSATIONS WERE HAD AND THESE REQUESTS WERE MADE BY THE CITY PRIOR TO THE DEVELOPMENT. SO CLEAR BACK IN 2022 IS WHEN THEY ASKED US TO MAKE THE ROAD 100FT. AND ANYWAY, SOME I GUESS. ANYWAY, THE DEVELOPMENT AGREEMENT WASN'T DONE UNTIL JANUARY 2024, BUT WE DO HAVE FOUR BIDS PRIOR TO THE COMMENCEMENT OF THE THE ROADWAY. YEAH, WE DO APPRECIATE THE THE CREDIT GIVEN FOR THE HOUSE THAT WAS KNOCKED DOWN TO THE $5,000. AS FAR AS THE INFORMAL RESOLUTION, WE'RE JUST ASKING FOR AT LEAST SOME CREDIT TO BE GIVEN FOR THE EXPANSION OF THE ROAD, BECAUSE UP TO THIS POINT, WE'VE ALL BEEN GIVEN INCORRECT. SO HAVE YOU DONE THE MATH ON WHAT TAKING THOSE BIDS THAT YOU HAVE? AND SINCE YOU GOT FOUR, YOU CAN TAKE THE MOST FAVORABLE THREE, I GUESS, FOR YOUR PURPOSES. BUT HAVE YOU DONE THE MATH ON WHAT THE OFFER WAS BASED ON THOSE DOLLAR AMOUNTS? AND WOULD YOU BE GETTING ANY BACK THAT WOULD WE? HAVEN'T WE JUST WE REALLY CAME HERE MORE TODAY TO JUST ASK THAT WE BE ABLE TO SIT DOWN WITH THE CITY STAFF AND TO MAYBE COME UP WITH A DOLLAR OR A CREDIT THAT COULD BE GIVEN FOR IMPACT FEES FOR THE, WELL, JUST CREDIT GIVEN FOR THE THE COST OF THE CONSTRUCTION OF THAT ROAD. CAN I JUST FOR CLARIFICATION ON THE, ON THE RIGHT ON THE SAME PAGE. YEAH.SO THE THE CONVERSATION YOU HAD EARLIER THIS EVENING ABOUT THE VALUE OF THE PROPERTY THAT WAS DEDICATED FOR STREETS, THAT'S NO LONGER SOMETHING YOU'RE SEEKING REIMBURSEMENT. THEY SAID THAT THEY THEY SAID THAT THE CITY DOESN'T GIVE MONEY FOR RIGHT OF WAY. SO IF IF THE CITY DOESN'T GIVE MONEY FOR RIGHT OF WAY, IT WAS MY UNDERSTANDING WITH EMINENT DOMAIN THAT THAT THE CITY DOES PAY MARKET VALUE FOR THE PROPERTY THAT IS. THAT IS TAKEN, THAT IS GIVEN UP.
THAT'S WHY WE INCLUDED THE, THE LAND IN THAT. IS THAT STILL WHERE YOU ARE? ARE YOU STILL REQUESTING THAT BE DONE? YEAH. I MEAN, YEAH, THAT'S PART OF OUR REQUEST. BUT I MEAN, IF I'M UNDERSTANDING IT WRONG, I'M UNDERSTANDING IT WRONG. YOU KNOW, I'M NOT A PROFESSIONAL.
BUT ANYWAY, WE JUST WE WERE JUST HOPING TO GET SOME KIND OF IT WAS VERY EXPENSIVE TO BUILD OUT THAT ROAD TO LITERALLY TO THE EXTENT OF SUNNYSIDE. I DON'T SEE HOW THAT ROAD'S EVER GOING TO BE SUNNYSIDE, BECAUSE IT LITERALLY CURVES AROUND AND GOES UP TO GRIZZLY, AND THERE'S NOT EVEN THAT MUCH ACREAGE ALONG THERE. SO, I MEAN, I DON'T SEE HOW THAT'S EVER GOING TO BECOME A SUNNYSIDE ROAD. AND THAT'S WHAT THEY ASKED US TO DO. WE DID IT. IT WAS VERY EXPENSIVE. IT WAS MUCH MORE THAN WE FELT WAS NECESSARY FOR OUR DEVELOPMENT. IF WE WERE TO JUST PAY WHAT WAS NECESSARY FOR OUR DEVELOPMENT, THAT WOULD HAVE BEEN NOT VERY. THAT WOULD HAVE BEEN A WHOLE LOT LESS. IT WOULD HAVE BEEN JUST A TURNING LANE. BUT THEY ASKED US TO WIDEN IT THAT MUCH. AND SO WE WE DID ANYWAY. WE JUST WE'RE HOPING THAT WE COULD HAVE SOME KIND OF A MAYBE SIT DOWN AND COME TO SOME KIND OF A, AN AGREEMENT ON A DOLLAR NUMBER FOR MAYBE SOME SORT OF A CREDIT FOR THE COST OF THAT ROAD THAT WE INCURRED. AND IF I CAN SPEAK TO YOUR QUESTION ALSO, WE WOULD LIKE TO INCLUDE THE COST OF THIS, THIS, THIS SHEET THAT WE
[03:25:01]
HANDED OUT, YOU KNOW, THE, THE, THE COST TO THE DEVELOPER. WE PAID THE 328,000 TO, YOU KNOW, THE ACTUAL CONSTRUCTION OF THE ROAD. BUT THERE'S, THERE'S ANOTHER 370,000 WORTH OF LAND VALUE GIVEN UP. AND SO THE TOTAL VALUE GIVEN UP BY THE DEVELOPMENT IS 700,000. AND SO IF THE DEVELOPMENT GAVE UP, $700,000 WORTH OF VALUE IN THE CITY IS OFFERING A $5,000 CREDIT, THAT'S THAT'S WHAT WE'RE HERE TO COVER TODAY. WE JUST DON'T. THAT'S NOT ACCEPTABLE. OKAY. THANK YOU. AND REALLY, WHAT TO ERIC'S POINT EARLIER IS, IS WE UNDERSTAND THE NEED FOR IMPACT FEES AND THE CITY'S NEED FOR THAT AND FOR FOR THE IMPACT THAT DEVELOPMENTS HAVE. BUT WE WE FEEL THAT THIS IS KIND OF DOUBLE DIPPING BECAUSE WE ARE WE'RE ASKED TO PAY THE IMPACT FEES. AND WE ALSO HAVE TO INCUR THE COST OF EXPANDING THAT ROAD TO TO 100FT. AND SO WE KIND OF FELT LIKE THAT'S A LOT TO HAVE TO PAY FOR THE ROAD AND THE IMPACT FEES AND THAT. AND I KNOW THAT LAST WEEK IN THE HEARING FOR IMPACT FEES, THEY WERE DISCUSSED. THEY WERE DISCUSSING HOW THE CITY IS BETWEEN A ROCK AND A HARD PLACE BECAUSE THEY NEED THE MONEY TO HELP OFFSET THE THE GROWTH OF THE CITY. BUT YET WHEN YOU'RE, YOU KNOW, LIKE R.C. WILLEY WAS GIVEN AN AS AN EXAMPLE, BUT WHEN YOU HAVE HUNDREDS OF THOUSANDS OF DOLLARS, IT MAKES IT VERY, VERY DIFFICULT FOR DEVELOPERS TO DEVELOP WITHIN THE CITY BECAUSE OF THE THE ADDITIONAL EXPENSE THAT IS REQUIRED. AND IN THIS PARTICULAR DEVELOPMENT, LIKE I SAID, WE WERE WE WERE ASKED TO TO WIDEN THE ROAD. AND WE'RE ALSO ASKED TO PAY THE IMPACT FEE. AND, AND WE ALSO GAVE UP LAND TO WIDEN THAT ROAD TO 5 TO 5 LANES. AND SO YEAH, IT JUST IT MAKES IT REALLY HARD TO DEVELOP IN THE CITY. WHEN YOU HAVE ALL THIS. YES. ANY QUESTIONS. COUNCILOR RADFORD AND THEN WE'LL GO BACK TO COUNCILORS LAWSON AND FRANCIS AND THEN THE ONLINE. SO WHAT IS YOUR UNDERSTANDING OF IF YOU HAD THESE BIDS, DID YOU JUST NOT KNOW TO DO THE OTHER AGREEMENT THAT THEY'RE TALKING ABOUT. I DIDN'T YEAH. SO IT'S JUST UNKNOWN TO YOU. YEAH. AND IS THAT SEEMS PROBLEMATIC. IF WE WERE HAVING CONVERSATIONS ABOUT THIS ALL ALONG AND THEN YOU DIDN'T KNOW THAT THAT WAS REQUIRED, AS YOU SAID, THE, THE THE EMAIL THAT I GAVE YOU FROM MR. CANFIELD WAS THE 20 WAS 20, 23RD JANUARY OF 2023. SO THESE CONVERSATIONS FOR WIDENING THE ROAD STARTED CLEAR BACK IN 2022.AND THERE WAS DISCUSSION ABOUT CREDIT OR REIMBURSEMENT BEING AN OPTION. AND YEAH, I'M SORRY.
WE JUST I GUESS I YEAH I, I DIDN'T KNOW THAT I'M SORRY. YEAH I MEAN I THINK THAT IT'S JUST SOMETHING I WONDER FOR FUTURE DEVELOPMENT IF PEOPLE HAVE PREDICTABILITY AROUND THAT.
BUT AND THEN THE OTHER QUESTION IS. DO YOU FEEL LIKE THERE IS AN OPPORTUNITY TO WORK WITH THE GROUP HERE? IT DOESN'T SEEM LIKE THERE'S ANIMOSITY. IT FEELS LIKE THERE'S PLENTY OF OPPORTUNITIES TO FIND A SOLUTION. YEAH, YEAH. WE'RE WE'RE WE'RE HAPPY TO WORK.
WE'RE JUST WE'RE JUST TRYING TO COME TO SOMETHING TO WHERE WE COULD. LIKE I SAID, IT'S JUST IT'S IT WAS REALLY EXPENSIVE TO WIDEN THAT ROAD THAT MUCH. AND THEN ALSO WE WHAT WOULD HAVE BEEN THAT THAT'S THE OTHER QUESTION. WHAT WHAT WOULD YOU HAVE SPENT HAD YOU IF THAT HAD NEVER COME UP, YOU KNOW, WHAT DO YOU THINK IT'S IN. DO YOU THINK IT'S THE 700,000 TOTAL? THAT'S WHAT WOULDN'T HAVE HAPPENED. OR WOULD WOULD YOU BE AT 500,000? WE WOULD HAVE HAD A TURNING LANE. WE WOULD HAVE HAD A TURNING LANE ON THE SOUTHERN ON THE SOUTHERN PORTION OF THAT SKYLINE. LIKE I SAID, THE NORTHERN PORTION THAT WAS ALREADY ESTABLISHED. SO IT WAS REALLY JUST PAST THAT NORTHERN ENTRANCE. AND ALL ALONG THE WHOLE THAT SKYLINE ROAD GOING SOUTH WHERE WE HAD TO WIDEN, THAT, THERE WOULD HAVE BEEN THERE WOULD HAVE BEEN A TURNING LANE FURTHER DOWN THERE. I DON'T KNOW THAT THE THE DELTA IS WHAT I'M. YEAH, YEAH. WELL, THE REQUEST OR THE REQUEST FROM THE CITY TO WIDEN IT THAT WIDE CAME CLEAR BACK REALLY EARLY IN THE PROCESS. AND SO I DON'T, I DON'T KNOW THAT WE ACTUALLY GOT A BID FOR JUST THE TURNING LANE.
DO YOU KNOW WHAT I'M SAYING? FOR WHAT? WE. YEAH. YEAH, WE GOT IT WHEN WE ACTUALLY WHEN THE REQUEST CAME AND YOU PROCEEDED BECAUSE YOU THOUGHT THERE'D BE A REIMBURSEMENT OR A CREDIT. YEAH. WE THOUGHT THAT WE COULD. YEAH. WELL AND IT WAS PART OF WE, WE HONESTLY THIS, THIS PROJECT WAS DELAYED OVER TWO YEARS BECAUSE ALL THE BACK AND FORTH WITH PLANNING AND ZONING. SO WE WOULD SUBMIT A PLAN AND WE WOULD GET RESPONSES. AND SO WE WOULD MAKE ALL THOSE
[03:30:04]
CHANGES AND WE WOULD SEND IT BACK TO ENGINEERING, WHICH IS VERY EXPENSIVE, AND WE WOULD SET IT AND THEN WE WOULD GET COMPLETELY NEW. COMMENTS. THEN WE WOULD FIX EVERYTHING AND WE WOULD TURN IT BACK INTO PLANNING AND ZONING. AND ONCE AGAIN, WE WOULD GET COMPLETELY NEW COMMENTS. SO THIS PROCESS, LIKE I SAID, BEGAN BACK IN 2022 WITH PLANNING AND ZONING. AND WE WEREN'T EVEN ABLE TO START THIS PROJECT UNTIL 2024. SO WE WERE DELAYED SO LONG WITH SOME OF THOSE COMMENTS BECAUSE THERE WAS STAFF CHANGES. IN THE MEANTIME. I DON'T KNOW IF THERE'S DEPARTMENTAL SILOS WITHIN THE CITY. I DON'T KNOW IF THERE'S LACK OF COMMUNICATION, BUT IT SEEMED LIKE BUT IT WAS IT SEEMED LIKE AND PUBLIC WORKS. IT WASN'T ALWAYS JUST THE BUILDING. WE WERE IT SEEMED LIKE WE WERE REINVENTING THE WHEEL. EVERY TIME WE SUBMITTED IT, WE WOULD GET IT BACK. WE WOULD MAKE ALL THE CHANGES, CHANGES THAT WERE REQUESTED ONLY TO GET COMPLETELY NEW COMMENTS EVERY TIME. AND SO THIS HAS BEEN A VERY, VERY LONG PROCESS. LIKE I SAID, THAT COMMENCED IN 2022. SO SO YES, WE WE ARE MORE THAN HAPPY. THERE'S NO ANIMOSITY. YEAH. WE JUST WANTED TO SEE IF THERE'S SOMETHING WE COULD DO JUST BECAUSE IT PAYING FOR BOTH. WHEN WE THOUGHT THAT WE COULD GET SOME CREDIT, SOME REIMBURSEMENT FOR THOSE IMPACT FEES AGAINST OUR TRANSPORTATION PORTION ANYWAY THAT DO YOU HAVE ANY OTHER ANY QUESTIONS FROM THOSE ONLINE? ALL RIGHT, COUNSELOR. YES. YES PLEASE. I DO HAVE THAT CARD. SHE DID ANSWER MY QUESTION THAT I WAS GOING TO I DID ASK ASK FOR THE WRONG TIME. SHE DID ANSWER THAT. BUT THESE FOUR BIDS THAT I AM LOOKING AT HERE, WE'RE NOT SUBMITTED TO THE CITY, BUT THEY ARE IN OUR PACKET. AND SO WE DO HAVE THEM. AND ANYWAY, I JUST WANTED TO MAKE SURE THAT I FOLLOWED UP TO SAY THAT THE QUESTION HAS BEEN ANSWERED.OKAY. VERY GOOD. THANK YOU FOR CLOSING THAT LOOP, COUNCILOR FRANCIS. ANYTHING BEFORE WE CLOSE? YEAH, I JUST WANT TO FOLLOW UP ON THAT LAST QUESTION AND ANSWER. SO IF I TOOK MY NOTES CORRECTLY, YOU SAID THE FOUR BIDS YOU GOT WERE BEFORE YOU COMMENCED WORK. YES, BUT THE CITY DIDN'T GET THOSE. YES WE DID. WE DIDN'T SUBMIT THEM. SO YOU HAD THEM. SO YOU WOULD BE GOING TO THE LETTER OF NOVEMBER 6TH. YOU'D BE IN THIS FIRST SECTION THAT SAYS IF YOU OBTAIN THE BIDS PRIOR TO COMMENCING IN CONSTRUCTION, THEN BRING THOSE FORWARD TO THE INFORMAL. YEAH. AND WE DID SUBMIT THOSE. AND THOSE ARE WHAT'S IN THERE. YEP. YEAH. GOT IT. OKAY. SO THEY WERE SUBMITTED I MEAN THEY WERE OBTAINED ANYWHERE FROM DECEMBER 2023 TO JANUARY 2024. SO ALL OF THESE BIDS WERE RECEIVED EVEN BEFORE THE DEVELOPMENT AGREEMENT, WHICH THEY SAID WAS JANUARY 25TH, 2024. SO ALL OF OUR BIDS WERE RECEIVED BEFORE THAT. OH, GOOD. THANK YOU. I JUST WANT TO CLARIFY THAT. YEAH, BUT THEY WEREN'T SUBMITTED TO THE CITY. THEY WEREN'T SUBMITTED TO THE CITY. YEAH. OKAY. THANK YOU VERY MUCH. AND.
OH OKAY. I'M THINKING I'M GOING TO CLOSE THE HEARING UNLESS THERE ARE ANY ADDITIONAL QUESTIONS. YOU DO HAVE ANOTHER LEGAL OR PUBLIC WORKS. OKAY, ONE MORE QUESTION. SO NOW WE'RE JUST IN GENERAL Q&A UNTIL COUNCIL EXHAUSTS THEMSELVES ON THAT. AND WHEN WE CLOSE THE HEARING. I'LL ASK A QUESTION AND SEE WHO GOES. I'M JUST WANTING TO MAKE SURE I UNDERSTAND THAT RIGHT AWAY. NEVER APPEAR IN THE IMPACT FEE ELEMENT IS DONE SEPARATELY IN A DIFFERENT RELATIONSHIP BETWEEN PROPERTY OWNERS AND CITY. IS THAT IS MY UNDERSTANDING CORRECT? IT'S NOT PART OF IMPACT FEE. IT'S CERTAINLY SAY THAT SAID THAT WE WOULD. YEAH.
I THINK THERE'S BEEN A LOT OF DISCUSSION ABOUT THAT. SO IF I COULD TRY TO CLEAR THAT UP AS PART OF ANY REGULAR DEVELOPMENT IN THE CITY, WHETHER IT'S A RESIDENTIAL STREET OR AN ARTERIAL, THAT'S REQUIRED DEPENDING ON HOW IT'S CLASSIFIED. SO THAT COMES AS A DEDICATION, USUALLY THROUGH A PLAQUE IN WHICH THE CITY DOES NOT REIMBURSE FOR THOSE PROPERTIES THAT ARE ACQUIRED THROUGH THAT DEDICATION. SORRY, THAT'S BROUGHT TO THE TABLE BY THE DEVELOPER IN THIS PARTICULAR CASE, BOTH IN THE 2012 AND IN THE NEW 2025 ACCESS MANAGEMENT PLAN. SKYLINE HAS BEEN SHOWN AS AN ARTERIAL ROADWAY REQUIRING HUNDRED FEET.
AND I THINK I AGREE WITH WHEN YOU LOOK AT THAT PARTICULAR ROADWAY, YOU COME TO THE CORNER KIND OF COMES TO GRIZZLY, BUT THEN IT TURNS INTO 17 SOUTH, RIGHT, WHICH IS ALWAYS INTENDED AS ONE OF THOSE MILE ARTERIAL ROADWAYS. SO SKYLINE DOES BEND AROUND THAT. AND I THINK THAT'S THE PHILOSOPHY THAT GOES BACK DESIGNATING SKYLINE AS FAR BACK IN PLANNING DOCUMENTS, AT LEAST THAT I'VE SEEN IN ARTERIAL ROAD. SO AND THEN IF THERE'S ONE OTHER ITEM, IF I COULD JUST ADD TO CLEAR THAT UP, THE ITEMS IN THE INFORMAL AGREEMENT WERE TO REIMBURSE FOR THE STREET IMPROVEMENTS ON SKYLINE, AND ALSO CREDIT THE HOME THAT EXISTED THAT THEY TORE OUT,
[03:35:04]
MINUS THE FACT THAT THE THE AMOUNT THAT THEY SAW WAS WAS FOR THE 100% IMPACT FEE THAT COULD BE ASSESSED. BUT I THINK, PAM, WHEN SHE EVALUATED THAT, THAT'S NOT ALLOWABLE BECAUSE WE ONLY CHARGE 75% FOR POLICE, PARKS AND FIRE. SO SHE REDUCED IT TO THE AMOUNT THAT WE WOULD HAVE PAID IF THAT WAS THE HOUSE AS FAR AS THAT CREDIT GOES. AND SO IN REALITY, KIND OF WHAT THE ARGUMENT IS, IS OVER THAT RIGHT OF WAY THAT HISTORICALLY THE CITY HAS NEVER PAID FOR AS PART OF THE. I'M JUST CURIOUS, YOU SAID THAT AT LEAST AS FAR BACK AS 2012, THAT WAS DESIGNATED AS A ARTERIAL OR MAJOR ARTERIAL. AND IT'S I THINK IT'S A MINOR ARTERIAL, BUT IT'S STILL A 100 FOOTER. WHO WOULD HAVE PUT THAT ON THERE? WOULD IT BE MPO OR. THAT'S A DOCUMENT THAT THE MPO COMPILES IN COORDINATION WITH ALL OF ITS ENTITIES. SO A LOT OF THE COUNTY AND STATE OF IDAHO, IDAHO FALLS, HAMMOND, I THINK I THINK WAS PART OF THAT AT ONE POINT. BUT. SO ALL THOSE THINGS WEIGH IN ON THAT. THANK YOU. COUNCILOR FRANCIS. MAYOR, CAN I ASK ONE MORE QUESTION? YES, ALEXANDER, COUNCIL PRESIDENT. GO AHEAD. IN IN YOUR OPINION, DIRECTOR ALEXANDER, WOULD YOU PROPOSE THIS FROM THE CONVERSATION AS A CREDIT OR AS A REIMBURSEMENT, AS A WAY TO KEEP THE DOCUMENTATION CLEAN? I JUST WANT TO MAKE SURE AS WE'RE USING DIFFERENT FUNDS, THAT THAT, THAT IT'S ALWAYS VERY CLEAR WHICH DIRECTION IT IS, WHETHER IT'S CREDIT FOR A FUTURE PROJECT OR WHETHER IT'S JUST BETTER AS A. REFUND. BUT A MY OWN LANGUAGE THERE.REIMBURSEMENT REIMBURSEMENT. THANK YOU. THANK YOU. AS A REIMBURSEMENT. IT IS YOUR OPINION. YEAH. COUNCIL PRESIDENT BASED ON THE CITY ORDINANCE, MY RECOMMENDATION STANDS THAT IT WOULD BE A REIMBURSEMENT FOR THE ARTERIAL SKYLINE ARTERIAL. THANK YOU. I DO HAVE A QUESTION, AND I'M NOT SURE IF IT'S IF IT'S RELEVANT NUMBER ONE. AND IF IT IS RELEVANT, THEN WHO WOULD BE THE RIGHT PERSON TO ANSWER IT? AND IT SOUNDS SO UNFORMED AS I THINK. SO I MAY NOT COME UP WITH THE RIGHT WORDS HERE, BUT WHEN A PROJECT HAS MULTIPLE PHASES. WHY IS IT THAT WE WANT TO HAVE SUCH FINITE CLOSURE WITH, YOU KNOW, FIRST ROUND DECISIONS VERSUS THINKING THAT, HEY, WE'RE GOING TO BE DOING BUSINESS WITH THEM FOR A LONG TIME, YOU KNOW, THROUGH THROUGH THREE OR 4 OR 5. I DON'T KNOW HOW MANY PHASES THERE MIGHT BE THEORETICALLY, BUT WHY, IF THEY WERE THINKING LONG TERM IN THE SENSE THAT THERE WAS THERE WERE FUTURE IMPACT FEES TO BE PAID WITH FUTURE PHASES. WHY IS IT THE TIMING OF WHEN THOSE WHEN THE CLOCK STARTS TICKING ON THE IMPACT FEES, AS YOU HAD MENTIONED EARLIER, IS THAT WHY WE WANT TO CLOSE OUT EACH PHASE AS IT GOES, RATHER THAN JUST THINK LONG TERM AND SAY, HEY, WE'RE IN A WE'RE IN A MULTI-PHASE DEVELOPMENT WITH THEM SO WE CAN COLLECT. WE'LL CATCH UP AT THE END KIND OF A THING. YEAH. AND I THINK BRIAN CUNNINGHAM, WHEN HE SPOKE, EXPLAINED THE REASON FOR WHY WE WHY THE TIMING IS WHY WE REQUIRE IT AT THAT AT PRIOR TO THE COMMENCEMENT OF THE WORK. AND HERE THE, THE WORK IS THE, THE EXPANSION OF THE ARTERIAL.
THAT'S TRUE. WE AREN'T DOING THE ROAD EVERY TIME. RIGHT. OKAY. THAT'S THAT'S THE ANSWER YOUR QUESTION, I THINK. WELL, I THINK YOU POINTED OUT SOMETHING THAT WILL MAKE ME REALIZE IT WAS A DUMB QUESTION. SO PRETEND I DIDN'T ASK IT. BUT IT'S ON THE RECORD. OKAY. ANYTHING ELSE BEFORE WE CLOSE? OKAY. WE'RE GOING TO CLOSE THE HEARING AND THANK ALL THE PARTICIPANTS. I KNOW IT'S LATE AND I KNOW THERE WAS A LOT. AND COUNCILORS, IT'S NOW ON YOU TO HAVE A CONVERSATION. IT STRIKES ME JUST AS A JUST TO TOSS IT OUT THERE THAT WE HAVE A A PROCESS DECISION, BUT WE HAVE POLICY THOUGHTS AND AND SO THAT'S WHERE THIS INFORMAL THE INFORMALITY, THE SIT DOWN, LET'S SIT DOWN AND THINK IF THERE'S A WAY TO TO ACHIEVE SOME KIND OF EQUITY SO THAT WE'RE MOVING FORWARD IN A WAY THAT FEELS FAIR, AS SUGGESTED BY OUR ATTORNEY WITH HIS COMMENTS, KIND OF DOES MAKE ME FEEL GOOD THAT THERE'S AT LEAST A PATH FORWARD. BUT I WOULD LOVE TO HEAR YOUR THOUGHTS. AND THEN ULTIMATELY A MOTION. OR OR
[03:40:07]
DIRECTION TO STAFF. I GUESS I I'M IF I'M UNDERSTANDING WHAT YOU'RE SAYING, MAYOR, I THINK THAT'S KIND OF WHERE I AM. THE THE DEDICATION OF THE REAL ESTATE TO ME IS, IS OFF THE TABLE SIMPLY BECAUSE THAT'S CODE. IT'S WHAT WE'VE DONE. THAT'S HOW EVERYBODY'S BEEN TREATED. THAT'S PRETTY STANDARD FARE. THE REST OF THE THE HOUSE BEING TORN OFF, EVERYBODY'S IN AGREEMENT ON THAT. SO THERE'S THERE'S REALLY NOT ANY DISCUSSION OF THAT. SO I THINK IF I UNDERSTAND IT RIGHT, WHAT WE'RE LEFT WITH AND I KNOW YOU CAN'T ANSWER THIS BECAUSE YOU'RE NOT. BUT ANYWAY IS THE CONSTRUCTION COSTS OF THAT TEN FEET FROM BASICALLY PANCARI TO THAT BOTTOM ENTRANCE INTO THAT AREA. AND MY UNDERSTANDING IS, IS THAT IT'S INFORMAL AGREEMENTS PREPARED TO ADDRESS THAT, PROBABLY BASED ON THE. BIDS THAT WERE THAT THEY HAD THAT THAT PREEXISTED THE START TIME, BUT TECHNICALLY DID NOT MEET THE TIMELINE. SO I GUESS I DON'T SEE HOW THAT DOESN'T PRETTY MUCH MAKE THEM WHOLE WITHIN THE THE FEELING OF LAW.NOT MAYBE THE LETTER OF THE LAW, THE LETTER OF THE LAW, THE WHOLE THING OUT. BUT THAT'S NOT WHAT WE WANT TO DO. WE WANT TO TRY TO BE TRUE TO THE LAW, BUT ALSO BE FAIR TO THE FOLKS THAT ARE DOING THE DEVELOPING. AND IT SEEMS TO ME LIKE WE KIND OF GOT THAT. I THANK YOU FOR MAYBE CAPTURING WHERE WHAT I WAS. I JUST WANT TO MAKE SURE I YEAH. BECAUSE I YEAH, I'M CURIOUS THOUGH. OTHERS WANT TO WEIGH IN. ANYBODY ELSE. OKAY. WE HAVE I'M GUESSING COUNCILOR BURTENSHAW OR PRESIDENT BURTON. YES. YES I, I WOULD SAY I THINK I'M JUST ECHOING WHAT COUNCILOR LARSEN IS SAYING. I AGREE WITH THE IMPACT FEE ADMINISTRATOR'S LEGAL FINDING, AND I APPRECIATE THAT THIS IS NOT THE SPIRIT OF THE THE LAW THAT SHE WAS WILLING TO DO THE INFORMAL AGREEMENT. I'M GLAD THAT WE HAVE FOUR FIT THAT THE STAFF CAN LOOK AT. AND THAT WOULD BE MY THAT'S WHERE I'M AT AS FAR AS EMOTION GOES, IS THAT I WOULD SUPPORT A MOTION THAT UPHOLDS THE ADMINISTRATOR'S LEGAL FINDING, BUT ALSO THE INFORMAL AGREEMENT TO REIMBURSE FOR THE STREET IMPROVEMENT. OKAY, COUNCILOR FRANCIS, YEAH, I JUST WANT TO SAY I THINK THE DEVELOPER HAS A STATEMENT IN THE PACKET HERE AND THEIR APPEAL, I THINK PROBABLY THE ONE THAT FILED ON NOVEMBER 24TH DISPUTE IS ABOUT DOCUMENTATION, NOT ELIGIBILITY. I THINK THE CITY HAS ADMITTED IT WAS. IT'S ELIGIBLE IN THE LETTER ITSELF. AND I THINK THE LETTER LAYS IT OUT AS WELL AS IT CAN BE DONE. THAT IS, THEY MISSED THAT DOCUMENTATION OF SUBMITTING HIS BIDS, WHICH IS VERY CLEARLY IN THE DEVELOPMENT AGREEMENT. IT'S IT'S DONE, FINISHED. AND BUT THIS INFORMAL RESOLUTION OF THAT ADMITS THAT THEY'RE ELIGIBLE AND WILL TRY TO WORK OUT WHAT THAT ACTUAL COST IS. AND I'M GLAD THAT THE BIDS ACTUALLY WERE BEFORE CONSTRUCTION. I THINK THAT WILL HELP MAKE THAT DECISION. AND THE OTHER THING I THINK WHEN MR. CUNNINGHAM SAID, THIS IS HOW WE'VE DEALT WITH A SIMILAR SITUATION IN PREVIOUS, PREVIOUS TIMES, HELPS US KNOW THAT CREATIVE PROBLEM SOLVING IS PROBABLY THE RIGHT WAY OUT, WAY TO RESOLVE THIS. SO. HAVE A NICE MOTION WRITTEN. OKAY, I WOULD JUST POINT OUT, BEFORE A MOTION IS MADE THAT THE COUNCIL MAY WANT TO CONTEMPLATE NOT JUST MAKING A DECISION, BUT ALSO HAVING BECAUSE THIS IS WE HAVE TURNED THIS INTO AN APPEAL PROCESS. WE WANT TO HAVE A VERY CLEARLY STATED REASON STATEMENT TO GO ALONG WITH WHATEVER DECISION, WHICH WOULD, I BELIEVE, EXTEND THIS OUT SO YOU COULD EXPRESS YOUR YOUR WISHES, MAYBE EVEN PASS THE MOTION THAT YOU WANT TONIGHT. BUT WE WOULDN'T HAVE THE RECENT STATEMENT UNTIL A FUTURE MEETING BECAUSE STAFF WOULD NEED TIME TO, TO DRAFT THAT. WOULD WE GET THE DECISION NOW OR WOULD WE POSTPONE THE DECISION UNTIL WHAT I WOULD PROPOSE? BECAUSE THERE NEEDS TO BE A DECISION ON THE APPEAL, MAKE A DECISION, GIVE DIRECTION TO STAFF AS TO HOW YOU WOULD LIKE THE DECISION WRITTEN, AND THEN STAFF WILL PREPARE THE DECISION AND THEN YOU CAN REVIEW IT. AND IF YOU DISAGREE, IF YOU SAY, HEY, THIS WASN'T WHAT I WANTED, THEN WE CAN REVISE THE REASON STATEMENT. BUT AT LEAST WE HAVE A DECISION WITHIN THE TIME FRAME OF WHEN IT'S REQUIRED UNDER LAW. AND THE REASON STATEMENT STATEMENT WILL ISSUE FORTHWITH. AND THEN
[03:45:05]
AND THEN WHEN IT'LL COME FORWARD TO A SUBSEQUENT CITY COUNCIL MEETING, YOU'LL BE ABLE TO REVIEW IT IF THERE'S ANY, YOU KNOW, IF THERE'S SURPRISES LIKE, HEY, I DIDN'T MEAN THAT.FOR THAT TO BE IN THERE, YOU LET US KNOW. WE'LL REVISE IT TO WHERE IT'S SATISFACTORY TO WHAT COUNCIL'S WILL IS GREAT. SO I JUST WONDER IF WOULD IT BE THAT WE UPHOLD THE LETTER FROM THE CITY ADMINISTRATOR AND THEN REFERENCE AS ADHERED REFERENCE TO CITY CODES THAT ARE RELEVANT.
AND THAT WOULD BE THE MOTION. I'M SORRY, MAYOR, I BELIEVE COUNCILOR FREEMAN WANTS TO COMMENT. SURE. BEFORE WE GET TO THE MOTION BEFORE CERTAINLY BEFORE WE MAKE ANY MOTIONS. BUT LET'S GO AHEAD AND GET COUNCILOR FRANCIS'S QUESTION ANSWERED. SO WHAT I WOULD WHAT I WOULD RECOMMEND AND FEEL FREE TO DO WHAT WHAT YOU FEEL. AS FAR AS MOTION, WHAT I WOULD RECOMMEND IS TO A MOTION TO AFFIRM THE THE IMPACT FEE ADMINISTRATOR'S DECISION TO DENY THE CREDIT FOR REQUESTED CREDIT FOR SYSTEM IMPROVEMENTS, BUT TO GRANT THE CREDIT FOR THE ONE, THE ONE SINGLE UNIT HOUSING EXEMPTION, AND THEN AND THEN A SEPARATE MOTION TO DIRECT STAFF TO PURSUE THE INFORMAL RESOLUTION THAT'S OUTLINED IN THE IMPACT FEE ADMINISTRATOR'S DECISION. THOSE ARE TWO SEPARATE MOTIONS, BUT IT'S STILL IT'S STILL A KIND OF DIRECTION TO STAFF TO DO WHAT WAS MENTIONED THERE. AND THAT IS SIT DOWN AND TRY TO COME UP WITH A BUT THEN WE WOULD WE NEED A THIRD MOTION OR FOR THE FOR THE REASON STATEMENT. OR WOULD IT JUST BE A FOLLOW ON. YEAH. MOTION FOR TO TO STAFF DIRECTING STAFF TO PREPARE A WRITTEN STATEMENT IN ACCORDANCE WITH THE DECISION OF COUNSEL ON APPEAL. OKAY. SO THERE'S SOME CLARITY THERE, COUNSELOR FREEMAN. WE'D LOVE TO HEAR YOUR COMMENTS. THANK YOU. MAYOR. YOU KNOW, I UNDERSTAND THAT THE THE LEGALITY OF. ANYTHING THAT WAS CALLED THE LETTER OF THE LAW, BUT BUT THE THE INTENT OF, OF OUR ORDINANCE, I THINK HAS HAS BEEN SKEWED A LITTLE BIT BECAUSE IT DOES SEEM THAT THESE THESE FOLKS ARE PAYING TWICE TO ME. AND I DON'T THINK THAT'S WHAT WE INTENDED. AND SO HOW HOW WE FIX THAT. I THINK YOU'RE ON THE RIGHT TRACK. I THINK, YOU KNOW, WE WE SEND THIS BACK TO STAFF AND WE AND WE TRY TO PUT IT BACK, YOU KNOW, TRY TO ALIGN THINGS A LITTLE BETTER WITH THE INTENT OF THE LAW AND THE LETTER OF THE LAW. AND, AND I'D BE HAPPY TO SUPPORT THAT. OKAY. I THINK I UNDERSTAND WHAT YOU'RE SAYING, ALTHOUGH THAT'S A THAT'S WHERE I WHEN I MENTIONED AT THE VERY BEGINNING THAT THERE MAY BE SOME POLICY THOUGHTS THAT I, WE CAN'T CHANGE POLICY THROUGH AN INFORMAL NEGOTIATION. AND SO IF WE'RE NOT, COUNCIL IS FEELING DISSATISFIED WITH SOMETHING THAT HAS BEEN CITY PRACTICE REGARDING WHETHER WE REIMBURSE FOR DEDICATION OF ADDITIONAL RIGHT OF WAY. WHEN A WIDER ROAD IS NEEDED, THEN THAT'S, I THINK, AN ENTIRELY SEPARATE DISCUSSION AND MAY NOT BE WITHIN THE BOUNDS OF OF WHAT'S APPROPRIATE IN TERMS OF THE IMPACT FEE ADJUSTMENT THAT WE MAY BE YOU MAY BE SEEKING WITH THESE THREE MOTIONS THAT WE'VE CONTEMPLATED A FEW MINUTES AGO. SO I'M A LITTLE TORN ABOUT WHAT TO DO ABOUT POLICY FRUSTRATION, ALTHOUGH IT'S NOT INAPPROPRIATE, PERHAPS, TO RAISE THOSE POLICY POINTS RIGHT NOW. AND ANOTHER DIRECTION TO STAFF COULD BE THAT WE WANT TO DO A DEEPER DIVE OR TALK ABOUT THOSE IN A FUTURE MEETING. DOES THAT MAKE ANY SENSE? COUNCILOR FREEMAN I'M JUST COMMENTING OUT LOUD. I'M NOT TRYING TO SHUT YOU DOWN OR ANYTHING LIKE THAT. I'M JUST. NO, MAYOR, THIS IS A REALLY DIFFICULT SPOT. SO, I MEAN, IT IS THIS IS FRUSTRATING. AND IT IS, YOU KNOW, I UNDERSTAND THEIR FRUSTRATION, BUT I HOPE THEY UNDERSTAND THAT WORKS. THANK YOU. COUNCILOR BURTENSHAW, YOU HAD SOMETHING. YES, I, I JUST WANTED TO ADD THAT AS FAR AS POLICY GOES, I AM I'M NOT INTERESTED IN LOOKING AT PAYING FOR RIGHT OF WAY DEDICATION. I THINK THAT'S JUST PART OF. SORRY. SORRY TO INTERRUPT.
COUNCIL MEMBER OR COUNCIL PRESIDENT. BURTON, WE DO NEED TO STAY AWAY FROM DISCUSSING WHAT POLICY, I SUPPOSE, BECAUSE IT'S NOT ON THE AGENDA. WE CAN'T DISCUSS CHANGES TO POLICY.
WE CAN DISCUSS THIS APPEAL. YEAH, STRICTLY. STRICTLY WITH THIS. BUT IF IF YOU WANTED TO LIST. IT, IT'S IN THERE ISN'T A. I'M READY TO MAKE ALL THREE OF THOSE MOTIONS IF WE'RE READY FOR THEM. THANK YOU. I AM TORN BECAUSE IF IF I THINK THE COUNCIL CAN BE GRANTED A LITTLE
[03:50:07]
BIT OF LEEWAY IF THEY IF CERTAIN CONCERNS ARISE OUT OF THE LARGER DISCUSSION THAT OUR ARGUABLY RELATED IF THEY WANT TO SAY, I'D LIKE TO PUT A PIN IN IT AND TALK ABOUT THIS. AND IF YOU WANT TO LIST AGENDA ITEMS FOR A SUBSEQUENT WORK SESSION, THAT WOULD BE FINE.JUST TOPICS OF DISCUSSION THAT YOU WANT STAFF TO. THAT'S ALL I WOULD SAY FOR A WORK SESSION.
THAT WOULD BE FINE, BUT JUST KNOW DETAILS ABOUT PARTICULARS OF WHAT WE SHOULD OR SHOULDN'T DO. AGREE. I MEAN, NO OPINIONS ABOUT THE SUBSTANCE THERE. YEAH. ALL RIGHT. SO IT SOUNDS LIKE WE I'M I DON'T WANT TO BELABOR IT. SO I'LL JUST OPEN I'LL BE OPEN FOR A MOTION AND WE'LL SEE WHERE THIS TAKES US. AND IF WE STILL HAVE SOME COMMENT AFTER WE GET AN IDEA OF WHAT THE MOTIONS ARE, WE'LL JUST DEVIATE AND HAVE THOSE COMMENTS JUST TO MAKE SURE THAT EVERYBODY'S WELL SATISFIED. BUT I HAVE A MOTION, BUT IT'S A LITTLE DIFFERENT THAN WE JUST HEARD FROM THE ATTORNEY, BECAUSE I DIDN'T WANT TO START OUT WITH THE HARSHNESS OF DENIAL, BECAUSE I THINK THERE'S AN ELEMENT OF ELIGIBILITY THAT'S FAIRLY CLEAR RECOGNIZED IN THIS LETTER. I WOULD PREFER TO START WITH THE MORE POSITIVE OF YOU CAN DO WHATEVER YOU WANT. WELL, I'LL DO IT. CALLED UPON TO MAKE A MOTION. YEAH, BUT COUNCILOR LARSON, DID YOU HAVE ANYTHING ELSE YOU WANTED TO COMMENT? I JUST WANTED TO SAY. SO WE DID SETTLE. WE DID BASICALLY DECIDE THERE WOULD BE THREE MOTIONS. CORRECT. IS THAT KIND OF WHERE THIS IF YOU HAVE A FORMAL DETERMINATION, IF YOU DESIRE SOMETHING INFORMAL AND THEN WE DEFINITELY WHATEVER I DON'T KNOW HOW MANY WE'RE COUNTING, BUT THE LAST MOTION THAT WE MAKE SHOULD BE TO DRAFT THAT RECENT STATEMENT. CORRECT? CORRECT. ALL RIGHT. SO THE CHAIR I'M GOING TO TRY THIS AND I DON'T HAVE IT OFF LIST OUT. AND IT'S NOT GOING TO BE END UP BEING THREE MOTION. SO WE'LL SEE WHAT HAPPENS I MOVE COUNCIL UPHOLD THE TERMS OF THE LETTER FROM THE IMPACT FEE ADMINISTRATOR ISSUED ON NOVEMBER 6TH, 2025. IN TERMS OF ITS OFFER OF AN INFORMAL RESOLUTION TO RESOLVE THE OFFICIAL DENIAL OF ELIGIBILITY FOR REIMBURSEMENT OF IMPACT FEES FOR THE CONSTRUCTION OF SKYLINE DRIVE. THAT SEEMS RATHER ELEGANT. DOES IT TAKE CARE OF EVERYTHING? IS THAT AND GRANTING AND AFFIRM THE GRANT OF THE SINGLE USE EXEMPTION? YES. AND AFFIRM THE SINGLE USE RESIDENT CREDIT. THANK YOU. I THINK HE JUST DID WITH ONE MOTION. WHAT WE WERE CONTEMPLATING WAS TWO. SO THAT'S INTERESTING. CITY CLERK, HOW DO YOU FEEL ABOUT WHAT YOU WERE ABLE TO CAPTURE? DO YOU WANT COUNSELOR FREEMAN OR FRANCIS TO REPEAT? COUNCILOR FRANCIS, YOU WROTE THAT DOWN, CORRECT? YES. DID YOU READ WHAT YOU WROTE OR DID YOU? OKAY. I HAD TO WING THE LAST PART. SO I'M COMFORTABLE WITH IT. AS LONG AS EVERYONE UP HERE IS AND ONLINE. SO IT JUST DOES THAT. STILL FIRM. LOOK THIS COPY HERE.
YEAH. BECAUSE THAT LETTER DID DENY IT TAKES CARE OF IT BECAUSE HE SAID UPHOLD THE TERMS AFFIRMING THAT THE DENIAL OF THE DECLINATION. YEAH. BECAUSE I PUT IN HERE THE OFFICIAL DENIAL WHICH IS REFERENCED IN THE LETTER. BUT THE MAIN POINT IS WE'RE UPHOLDING THE TERMS OF THIS LETTER. SO WE'RE HOLDING THAT IT DECLINES IT, BUT IT DOES LEAVE THE DOES RECOMMEND OR LEAVES THE DOOR OPEN TO HAVE AN INFORMAL BASED ON THE SUBMISSION OF THOSE BIDS. THAT'S PART OF THE LETTER OKAY. AND AS I SAW IT OKAY. SO FOR PURPOSES OF VOTING COUNCIL MEMBERS, DOES THAT CAPTURE OR DOES THAT DOES THE MOTION MAKE ENOUGH SENSE THAT EVERYBODY KNOWS THEIR MIND ON HOW THEY WANT TO VOTE? DO WE HAVE SOME THUMBS UP FOR NODDING OR ANYTHING FROM OUR. OKAY, SO I THINK MAYBE WE'LL ENTERTAIN THAT AS OR EXCUSE ME, THAT IS THE MOTION. DO WE HAVE A SECOND? I'LL SECOND THAT. OKAY. CITY CLERK LET'S I'M NERVOUS. BUT GO AHEAD AND CALL THE ROLL ON THE VOTE ON THE MOTION. BURTENSHAW.
WELL, I'M GOING TO SAY AS SOON AS THE MAYOR SAID SHE'S NERVOUS, I DON'T UNDERSTAND. MAYBE I DON'T, I'M JUST UNDERSTAND. I'M JUST I DON'T I'M BEING SILLY. IT'S LATE AND I APOLOGIZE. I'M NOT NERVOUS. I'M SO CONFIDENT AND EXCITED. SHE'S NOT. THE MAYOR IS NOT LOOKING NERVOUS.
WE'RE AFFIRMING THAT. THAT THERE CAN BE THIS INFORMAL RESOLUTION BECAUSE IT WAS OFFERED IN THE LETTER. SO WE'RE UPHOLDING THE LETTER WHICH SAID, YEAH, OKAY. SO THAT THAT ESSENTIALLY. YEAH. OKAY. OKAY. FRANCIS, I FREEMAN. YES. LARSON. YES. RADFORD I MOTION CARRIES.
[03:55:15]
OKAY. I HOPE THAT WE ALL SHARE OUR UNDERSTANDING. YES. I JUST WANT TO SAY SO THAT COVERS WHAT ORIGINALLY WAS THE FIRST TWO MOTIONS. RIGHT. WE DIDN'T PUT THOSE INTO ONE. SO ALL THAT'S LEFT IS THE RECENT STATEMENT. YEAH. JUST THE DIRECTION TO STAFF HOW TO PREPARE THE REASONS TO VOTE STATEMENT IN SUPPORT OF THE DECISION OF COUNCIL. OKAY. ALL RIGHT. AND SO THE CHAIR WILL STAND FOR WILL IS OPEN FOR THAT MOTION. IF IT'S THE COUNCIL'S WILL TO MAKE IT. I WOULD MOVE THE RECENT STATEMENT BE DRAFTED BY THE LEGAL DEPARTMENT AND RETURNED TO COUNCIL AT A FUTURE MEETING. CAPTURING OUR DISCUSSIONS AND CAPTURING OUR DISCUSSION AND DELIBERATION. CAN I JUST ADD SOME POINTS OF CLARIFICATION SO I UNDERSTAND WE'RE AFFIRMING. SO BASICALLY THE DECISION OF THE IMPACT FEE ADMINISTRATOR WE'RE UPHOLDING IN ALL RESPECTS. DID YOU WHAT ABOUT THE ADDITIONAL BASIS THE FAILURE TO PAY UNDER PROTEST? DO THE CITY COUNCIL WANT THAT AS ADDRESSED AS PART OF THE REASONING OR NOT? I'M GOOD EITHER WAY. I JUST WANTED TO KNOW. HONESTLY, I DON'T THINK THAT'S AN ISSUE BECAUSE I'M WAY OUT ON A LIMB HERE. BUT THEY DIDN'T ASK. THEY PAID IMPACT FEES AS THEY WERE BUILDING THE ACTUAL BUILDING, AND ALL THEY'RE SAYING IS MY VIEW WAS WE DESERVE A REIMBURSEMENT FOR WHAT WE DID ON SKYLINE DRIVE. AND THAT WOULD HAVE IF IT IF ALL THE DOCUMENTS HAD BEEN IN PLACE AND RIGHT ON TIME, THAT PROBABLY WOULD HAVE GONE FORWARD AND THEY STILL WOULD HAVE PAID ALL THEIR FEES FOR ALL THE DOORS THAT THEY, THAT THEY BUILT. SO I THINK THAT'S I DON'T THINK THAT BECAME AN ISSUE IN MY MOTION OR IN INTENDED. YEAH. AND ALL I'M ASKING BECAUSE THAT WOULD JUST PROVIDE A SECOND BASIS FOR DENIAL TO, TO AFFIRM THE DENIAL JUST AS FAR AS THE SYSTEM CREDITS. AND I JUST WANT TO KNOW IF CITY COUNCIL WANTS ME TO INCLUDE THAT AS A IN A SECOND BASIS FOR THE REASON STATEMENTS, DENIAL OF BECAUSE THOSE ARE BOTH LISTED IN THE LETTER. CORRECT. THE THE FAILURE TO PAY UNDER PROTEST WAS NOT LISTED IN THE NOVEMBER 6TH LETTER. IT WAS BECAUSE THAT APPLIES WHEN YOU TRY TO APPEAL AND IT BARS AN APPEAL. DOES THAT NECESSARILY HAVE ANY IMPACT ON THE INFORMAL AGREEMENT? NO, IT'S JUST WOULD BE IT WOULD BE A SECOND INDEPENDENT BASIS OR AN ALTERNATE BASIS FOR DENYING A CREDIT. I, I THINK IT'S A GOOD IDEA TO INCLUDE THAT BECAUSE IT DOESN'T IMPACT THE OUTCOME. IT JUST EXPLAINS WHAT WE DID AND WHY WE DID IT. AND I THINK, YOU KNOW, A THOROUGH UNDERSTANDING OF THE LAW AND EXPRESSION OF THAT THOROUGH UNDERSTANDING OF.I'M SO CONFUSED ON THAT, BECAUSE REIMBURSEMENT FOR THE WORK YOU DO ON CONSTRUCTION OF SKYLINE DRIVE IS NOT DIRECTLY CONNECTED TO ASKING FOR CREDIT ON THE FEES YOU'RE PAYING AS YOU'RE BUILDING. THE NORMAL PROCEDURE WOULD BE, AS I UNDERSTAND IT, YOU PAY THE FEES AS YOU BUILD, AS YOU PULL THE PERMITS ON EACH EACH BUILDING YOU'RE BUILDING, YOU PULL THE PERMITS AND YOU PAY THE FEES FOR THAT. AND THE PLAINTIFF OR THE APPELLANT DID NOT MAKE ANY STATEMENT ABOUT THOSE FEES. IN FACT, THEY SUPPORTED THE IMPACT FEES TO THE ISSUE WAS HOW THE REIMBURSEMENT FOR THE CONSTRUCTION, WHICH IS A SEPARATE, SEPARATE DEAL IN MY MIND FROM THE PAYMENT YOU MAKE FOR ALL THE DOORS YOU BUILD. SO HOW WOULD A PERSON KNOW THAT THEY NEED TO SAY, I'M PROTESTING ALL OF MY IMPACT FEES FOR WHAT I'M BUILDING, BECAUSE I'M GOING TO DO THE CONSTRUCTION OUT THERE, AND I DON'T THINK YOU'RE GOING TO PAY ME. THAT DOESN'T SEEM LIKE IT'S AN ISSUE RELATED TO THIS PARTICULAR REIMBURSEMENT REQUEST. I THINK THAT'S A DISCUSSION ON ONE LEVEL. BUT WHAT WE HAVE IS THE LAW, THE WAY THE LAW REACHED RIGHT NOW, AND THAT WAS PART OF WHAT THEY DID TO DO. AND I'M NOT TRYING TO STICK MY FINGER IN THEIR EYE. I'M JUST TRYING TO SAY THAT WE RECOGNIZE THAT THEIR FAILURE TO PAY UNDER PROTEST IS, IS SOMETHING THAT, YOU KNOW, WAS AN ERROR IN THE WAY THEY DID IT.
OKAY. AND WE'RE STILL WILLING TO NEGOTIATE IN GOOD FAITH. BUT I THINK IT'S JUST A RECOGNITION OF OF WHAT HAPPENED. I, I DON'T KNOW WHAT THEY'D BE PROTESTING. OKAY. COUNCIL, GO AHEAD AND REPEAT THAT FOR US, PLEASE. YEAH. I, I DO NOT WANT TO INCLUDE THAT IN THE MOTION
[04:00:04]
BECAUSE I DON'T WANT EVERYONE TO PAY UNDER PROTEST EVERY TIME, THINKING THAT THEY'RE NOT EXACTLY SURE HOW THE PROCESS IS GOING TO WORK OUT. I THINK THAT WOULD BECOME STANDARD.OPERATING IS JUST TO PAY UNDER PROTEST, BECAUSE YOU'RE JUST NEVER REALLY SURE THAT THE CITY IS, THAT IT'S ALL GOING TO WORK OUT TO YOUR FAVOR. SO I WOULDN'T I WOULD NOT INCLUDE THAT IN THE MOTION. I, I THINK YOU'VE EXPRESSED EXACTLY WHAT I WAS TRYING TO SAY, BUT YOU SAID IT MUCH BETTER. THANK YOU. OKAY. I AGREE WITH THAT, TOO. THANK YOU, COUNSELOR FREEMAN. ALL RIGHT. SO AT THIS POINT, WE WERE GOING BACK. THEN WE'RE REWINDING. COUNCIL DOESN'T SEEM TO BE INTERESTED IN ADDING A SECOND BASIS FOR THE DENIAL. AND SO WE'LL WE'RE GOING BACK TO THE MOTION THAT YOU HAD STARTED ON DRAFTING THE BASIS. EXCUSE ME THE REASON STATEMENT.
AND OR MAYBE YOU'D ALREADY GOTTEN THERE. AND NOW WE WERE GETTING READY FOR A SECOND.
WHERE WHERE WERE WE? I THINK I WAS AT THE POINT OF THAT OF THE MOTION WOULD BE THAT WE DIRECT THE LEGAL DEPARTMENT TO DEVELOP A REASON STATEMENT AND CRITERIA FOR OUR DECISION AND PRESENT IT BACK TO US IN A FUTURE COUNCIL MEETING. OKAY, WITHOUT SETTING THE DATE, BUT. WELL, ACTUALLY, THAT'S WHERE I WANT TO GO BEFORE WE SECOND THE MOTION. I BELIEVE THIS IS A MATTER THAT HAS BEEN BEFORE THE CITY IN ONE FORM OR ANOTHER FOR SEVERAL YEARS, AND THE MEETING ON THE FIFTH IS A WORK SESSION, AND WE CAN PUT ANYTHING WE WANT ON THAT AGENDA AS LONG AS IT'S NOTICED PROPERLY. BUT ON THE EIGHTH, BEFORE WE ACTUALLY TRANSITION TO THE NEWLY ELECTED COUNCIL, IT IS OUR OBLIGATION TO FINISH OLD BUSINESS BEFORE I WALK OUT THE DOOR. AND I BELIEVE THIS IS OLD BUSINESS. I BELIEVE SOMETHING THAT'S BEEN PENDING SINCE 2022 OR BEFORE, WHEN IT WAS IN ITS VISION STAGE. WE NEED TO WRAP IT UP. SO I WOULD SAY WE CAN DO IT ON THE FIFTH OR THE EIGHTH, BUT IT HAS TO BE DONE BEFORE THE END OF MY THIS ADMINISTRATION. WELL THEN I'LL JUST ADD ON THE DATE CERTAIN JANUARY 8TH. IF YES. AND IF YOU WANT THAT, THEN WHAT I WILL DO IS ASK STAFF TO HAVE THAT READY FOR TO SHARE WITH COUNCIL ON THE FIFTH. AND WE'RE GOING TO DEDICATE SOME TIME IN THAT WORK SESSION TO MAKE SURE THAT THERE AREN'T ANY CHANGES, SO THAT IF THERE ARE, THEY CAN BE MADE AND READY TO GO BEFORE THE EIGHTH. EXACTLY. OKAY. YEAH.
SO WITH THAT CRAZY CLARITY, I THINK WE'RE READY. COUNSELOR FREEMAN, YOU WANT TO SAY SOMETHING? NO, THAT'S EXACTLY WHAT I WOULD DO. I DIDN'T, YOU KNOW, IRON IT OUT, HAMMER IT OUT ON THAT MONDAY AND THAT AND THEN THURSDAY. WE DON'T HAVE TO HAVE THE DISCUSSION. JUST VOTE ON IT. OKAY? BUT WE HAVE THE ELEGANCE OF HAVING EVERYBODY WHO'S AWARE OF THE COUNCIL'S WILL AND DIRECTION. AND THE DEVELOPERS AREN'T HANGING UNTIL THE EIGHTH. YOU KIND OF KNOW WHERE WHERE IT'S ALL GOING. SO WITH THAT, I WOULD ASK IF THERE'S A SECOND ON THAT MOTION.
OKAY. SEEING NO SECOND, I WOULD ASK FOR MUTED. OH I KNOW THAT. SCRAMBLED TO TRY TO FIND THE BUTTON OKAY. SO WE HAVE A MOTION WITH A SECOND. THAT MEANS CITY CLERK. WE WOULD ASK YOU IF YOU WOULD PLEASE CONDUCT A VOTE FOR US. I HATE TO ADD TO THIS, BUT I DO NEED TO CLARIFY SOMETHING. THE ORIGINAL MOTION THAT COUNCILOR FRANCIS MADE, I BELIEVE IT WAS COUNCILOR RADFORD ADDED TOWARDS THE END, STARTED THIS? YES. MENTIONING TO INCLUDE WHAT WAS DISCUSSED TONIGHT. IS THAT WHAT YOU SAID? I SAID THAT HE WOULD BUILD THE RELEVANT STATEMENT OF, OF CRITERIA ON BASED ON WHAT WE DISCUSSED. AND THEN, COUNCILOR FRANCIS, YOU HAD REPEATED THAT.
RIGHT. IS THAT GOING TO BE BASED ON OUR DELIBERATION? HE WOULD HAVE NO NOTHING ELSE TO BASE IT ON. BUT WHAT HAPPENED? I KNOW, I KNOW ONLY BECAUSE IT WAS CALLED OUT SPECIFICALLY. I WANT TO MAKE SURE THAT THAT IS PART OF IT. WHAT? SO I CAN UNDERSTAND. WHAT WAS IT YOU SAID? OR I SAID THAT YOU SHOULD MAKE SURE RELEVANT CRITERIA YOU'RE BRINGING BACK TO US BASED ON OUR CONVERSATIONS. WHAT DO YOU MEAN BY RELEVANT CRITERIA LIKE THE THE LEGAL REASONS, THE REASON STATEMENT? OKAY, OKAY. YEAH. OKAY. SO WE'RE THAT'S ALL ANSWERED. I THINK WE'RE READY FOR A VOTE. OKAY. BURTENSHAW. YES, FRANCIS A FREEMAN. YES. LARSON. YES.
RADFORD. A MOTION CARRIES. I KNOW THAT FOLKS WHO WOULD RUN A TIGHTER MEETING WOULD NOT GIVE
[04:05:10]
QUITE AS MUCH LEEWAY. FOR SURE. WE ALL ON THE SAME PAGE AND ALL THIS KIND OF STUFF THAT I DO.BUT I DO LIKE THE OUTCOMES THAT WE GET, EVEN THOUGH IT TAKES QUITE A BIT LONGER. WE TYPICALLY ARE NOT SUPER SHARP ON ROBERT'S RULES, AND MOST OF THE PUBLIC ISN'T EITHER. I WOULD SAY IT'S THE RARE BIRD WHO KNOWS HOW TO RUN ROBERT'S RULES AND USE IT. AND SO WE HAVEN'T SHARPENED THOSE SKILLS. IT MAKES, I THINK, THE MEETINGS A LITTLE MORE ACCESSIBLE. AND SO I APOLOGIZE IF THEY FEEL MEANDERING. I DO KNOW HOW TO USE ROBERT'S RULES A LITTLE MORE EFFECTIVELY THAN WE DO, BUT I DIDN'T BECAUSE I AM GOING SLOWLY, ON PURPOSE AND CAREFULLY BECAUSE IT'S EASY TO GET TRIPPED UP, PARTICULARLY WITH WITH COMPLEX CONVERSATIONS.
[8. Announcements]
SO WITH THAT, WE ARE READY FOR ANY ANNOUNCEMENTS THAT WE WANT TO MAKE. I HAVE A FLIER HERE AT MY PLACE WAITING FOR ME TO TALK ABOUT THE UTB HOLIDAY LIGHT PARADE, WHICH IS TOMORROW NIGHT.IS THERE ANYBODY WHO WANTS TO GIVE THAT ANNOUNCEMENT WITH MORE ENERGY AND EXCITEMENT THAN I CAN? WELL, IT'S A LOT OF PRETTY VEHICLES. I CAN SAY THAT. AND IT'S FUN TO WATCH AND RIDE IN, BUT IT'S ALREADY FULL OF VEHICLES. NO MORE ELIGIBLE, I THINK. BRING SOME CANS FOR THE FOOD BASKET. THERE WE GO. AND I BELIEVE THEY'RE DOING THE CANS. OH, THEY'RE NOT DOING CAMPS.
THEY EARNED SOME MONEY, ISN'T IT? I THINK THERE WAS A PROBLEM. I THINK THERE'S SOMETHING. OH DID I MISS I MISSED THAT ONE. SO THEY JUST WANT CASH. THERE'S SOMETHING DIFFERENT ABOUT THE CAMP. THERE WAS CONVERSATION. LOOKS LIKE THEY'LL NEED TO BE A CLARIFYING SOCIAL MEDIA POST TOMORROW ON WHAT TO DO ABOUT WANTING TO MAKE A DONATION, BUT JUST KNOW. THE MAIN POINT IS THAT THE FOOD BANK DOES NEED DONATIONS AT HOLIDAY TIME. NEXT THING I WANT TO TELL YOU IS THAT ON MONDAY WE AT 10 A.M. WE WILL BE CUTTING A RIBBON FOR STATE FIRE STATION NUMBER SIX.
THAT IS AT 2767 SPITFIRE STREET, SPITFIRE DRIVE, SPITFIRE, SPITFIRE, GOOGLE THAT THERE'S ONLY ONE SPITFIRE IN TOWN AND IT STARTS AT TEN. EVERYBODY'S INVITED AND TOURS WILL BE AVAILABLE. SO IF YOU'VE ALWAYS WANTED TO SEE THE INSIDE OF A FIRE STATION, MONDAY'S THE TIME TO DO IT. AND THEN AT 4 P.M. THAT VERY SAME DAY ON MONDAY, WE'LL BE SWEARING IN SOME NEW, NEW OFFICERS, NEW HIRES IN THE POLICE DEPARTMENT. CITY WILL BE CLOSED ON DECEMBER 25TH IN HONOR OF OUR OBSERVANCE OF CHRISTMAS DAY, AND CLOSED AGAIN ON JANUARY 1ST IN OBSERVANCE OF NEW YEAR'S DAY. WE WILL MEET AGAIN IN THIS ROOM IN A WORK SESSION FORMAT ON MONDAY THE FIFTH AT 3 P.M. AND I DON'T YET KNOW EVERYTHING THAT WILL BE ON THAT AGENDA. COUNCIL. ON THE EIGHTH WE WILL BE CONDUCTING OLD BUSINESS, GETTING RID OF ALL THAT OUT OF THE WAY, AND THEN WE WILL BE SWEARING IN THE NEW COUNCIL AND OR THE NEWLY ELECTED OFFICERS AND FORMING THE NEW COUNCIL. AND SO THAT'LL BE AN EXCITING EVENING. AND WITH THAT, I THINK I WILL SEE IF ANYBODY ELSE HAS ANY ANNOUNCEMENTS. WE MADE IT BEFORE MIDNIGHT AND
* This transcript was compiled from uncorrected Closed Captioning.