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[00:00:06]

HERE WE GO. NOW WE ACTUALLY KNOW THAT WE ARE WELCOME TO EVERYONE WHO CAME TONIGHT FOR

[1. Call to Order & Roll Call]

THIS GREAT MOMENT THAT WE HAVE TO CELEBRATE AND SWEAR IN OUR NEW CHIEF. I AM MAYOR LISA BURTENSHAW, AND WE ARE GOING TO BEGIN TONIGHT WITH OUR COLOR GUARD AS THEY POST THE COLORS.

HONOR GUARD. ATTENTION. FORWARD, MARCH! POST COLORS. AND SALUTE. THE AUDIENCE. PLEASE JOIN IN RECITING THE PLEDGE OF ALLEGIANCE. 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. FOR ARMS. HONOR. GUARD. DISMISSED. OKAY.

YOU CAN ALL BE. THANK YOU. TONIGHT, JUST TO GIVE YOU A LITTLE QUICK RUN OF HOW THIS IS GOING TO GO TONIGHT. I HAVE JUST A FEW VERY SHORT REMARKS. TO KNOW ME IS TO KNOW I WILL GIVE SHORT REMARKS. AND THEN WE DO HAVE THE OPPORTUNITY FOR JOHAN TO CHIEF OLSEN TO HAVE HIS WIFE PIN ON HIS HIS, HIS NEW BADGE. SO WHAT WE'LL WHAT WE'LL DO IS I WILL BEGIN AND THEN WE HAVE A. ACTUALLY, IT'S CALLED THE APPOINTMENT WARRANT, AND I'LL HAVE THE CHIEF COME STAND BY ME FOR THAT, AND THEN WE WILL HAVE MANDY PIN ON HIS BADGE, AND THEN WE WILL ACTUALLY SWEAR HIM IN. AND THEN THE CHIEF WILL GIVE SOME REMARKS SO THAT. THAT IS HOW THE NEXT 5 OR 8 MINUTES WILL GO, IS MY PREDICTION. TONIGHT, WE PROUDLY HONOR OUR NEW FIRE CHIEF AS HE STEPS INTO THIS VITAL ROLE, ONE THAT CARRIES A GREAT RESPONSIBILITY. OUR FIRE DEPARTMENT STANDS AT THE HEART OF THE CITY'S ESSENTIAL SERVICES, ANSWERING THE CALL WHEN PEOPLE NEED IT MOST, PROTECTING LIVES AND PROPERTY. MANY OF YOU KNOW CHIEF OLSEN.

MANY OF YOU TRAINED WITH CHIEF OLSEN, AND SOME OF YOU TRAINED CHIEF OLSEN WITH HIS APPOINTMENT, THOUGH I HAVE GETTING TO KNOW HIM. AND I CAN TELL YOU THAT THIS APPOINTMENT REAFFIRMS THE IMPORTANCE OF STRONG AND STEADY LEADERSHIP. LEADERSHIP THAT NOT ONLY GUIDES BRAVERY, BUT ALSO STRENGTHENS OUR CITY'S UNWAVERING COMMITMENT TO PUBLIC SAFETY, COMMUNITY INVOLVEMENT, AND THE WELL-BEING OF EVERY RESIDENT. I HAVE HAD A REALLY SPECIAL INTERACTION WITH FIRE JUST SETS IN JUST IN THE LAST YEAR. I WOULD SAY THAT HAVING A MUCH BETTER UNDERSTANDING OF WHAT IT MEANS WHEN THAT CALL COMES IN, AND THE DIFFERENT ROLES THAT EVERYONE PLAYS THERE IS CERTAINLY PROBABLY EQUAL TO WHAT PEOPLE THINK IT MIGHT BE TO BE THE MAYOR. THERE IS SOMETHING THAT I THOUGHT, OH YEAH, THE FIREFIGHTERS GO OUT AND THEY FIGHT THE FIRES, THE THE ROLES THAT EVERYBODY PLAYS IS SIGNIFICANT. AND I PRESENT TO YOU YOUR CHIEF. HE HAS A ROLE TO PLAY AND THAT ROLE IS VERY SIGNIFICANT. AND I AM

[00:05:05]

PLEASED THAT HE WAS WILLING TO ACCEPT THIS APPOINTMENT. SO IF YOU WOULDN'T MIND COMING UP, I RECOGNIZE I'M NEW AT THIS, YOU'RE NEW AT THIS, AND WE'RE GOING TO GET THROUGH THIS TOGETHER. THERE WE GO. OKAY, I HAVE. OKAY. THIS IS THE APPOINTMENT WARRANT. BE IT KNOWN THAT THE IDAHO FALLS FIRE DEPARTMENT IS PLACING SPECIAL TRUST AND CONFIDENCE IN THE FIDELITY AND ABILITIES OF CHIEF OLSEN AND APPOINTS HIM TO THE RANK OF FIRE CHIEF AS THE. ON THIS SECOND DAY OF APRIL 2026. WITH THIS APPOINTMENT, YOU ARE CHARGED TO CAREFULLY AND DILIGENTLY PERFORM THE DUTIES OF YOUR ASSIGNED RANK IN ALL MANNER OF THINGS. YOUR CONDUCT AND PROFESSIONALISM, BOTH ON AND OFF DUTY, SHALL BE ABOVE REPROACH. YOU ARE TO LEAD THE DEPARTMENT IN ACCORDANCE WITH REGULATIONS, STANDARD OPERATING PROCEDURES AND THE DIRECTIVES OF THE IDAHO FALLS FIRE DEPARTMENT AND THE CITY OF IDAHO FALLS. YOU WOULDN'T MIND? THIS IS CHIEF JOHAN'S CHIEF OLSEN'S WIFE, MANDY. THAT MUST TAKE. RAISE YOUR RIGHT HAND. I DO SOLEMNLY SWEAR. I DO SOLEMNLY SWEAR THAT I WILL SUPPORT THE CONSTITUTION OF THE UNITED STATES. I WILL SUPPORT THE CONSTITUTION OF THE UNITED STATES, THE CONSTITUTION AND LAWS OF THE STATE OF IDAHO, THE CONSTITUTION AND LAWS OF THE STATE OF IDAHO, AND THE CITY OF IDAHO FALLS, AND THE CITY OF IDAHO FALLS. AND I WILL FAITHFULLY DISCHARGE THE DUTIES, AND I WILL FAITHFULLY DISCHARGE THE DUTIES OF THE OFFICE OF FIRE. CHIEF OF THE CITY OF IDAHO FALLS. THE OFFICE OF FIRE CHIEF FOR THE CITY OF IDAHO FALLS. ACCORDING TO THE BEST OF MY ABILITY, ACCORDING TO THE BEST OF MY ABILITY. CONGRATULATIONS. SO I WROTE.

ACTUALLY, I DON'T LIKE READING RIGHT OFF OF STUFF, BUT I'M GOING TO DO IT ANYWAYS JUST SO I DON'T LOSE TRACK AFTER THIS. TOGETHER A LITTLE LAST MINUTE, SO I APOLOGIZE, BUT. FIRST THINGS FIRST, I WANT TO THANK CITY COUNCIL MEMBERS THAT ARE HERE IN ATTENDANCE AND MAYOR BURTENSHAW FOR BEING HERE, AND THANK YOU AS WELL FOR YOUR FAITH AND SUPPORT IN ME AS YOUR FIRE CHIEF. IT MEANS A GREAT DEAL TO ME. I DO NOT TAKE THAT CONFIDENCE AND TRUST LIGHTLY. I ALSO WANT TO THANK MY FAMILY, FRIENDS AND MENTORS WHO ARE HERE TODAY WHO ARE WATCHING ONLINE. THANK YOU FOR YOUR SUPPORT AND GUIDANCE THROUGHOUT MY CAREER. I WANT I WANT TO RECOGNIZE THE MEMBERS OF THE FIRE DEPARTMENT HAVING A HISTORY HERE AND HAVING SPENT TIME WITH OTHER AGENCIES AND FIREFIGHTERS, I FEEL I HAVE A PERSPECTIVE TO SAY THAT I CONSIDER THE MEMBERS OF THIS DEPARTMENT TO BE AMONG THE FINEST I'VE EVER KNOWN. IT IS A GREAT HONOR FOR ME TO RETURN AND HAVE A SECOND OPPORTUNITY TO SERVE ALONGSIDE YOU. I ALSO WANT TO ACKNOWLEDGE YOUR FAMILIES AND MINE. THIS PROFESSION DEMANDS A LEVEL OF COMMITMENT, SACRIFICE AND UNCERTAINTY. THE VERY FEW OUTSIDE OF THE FIRE SERVICE TRULY UNDERSTAND. WITHOUT THEIR SUPPORT, WE WOULD NOT BE ABLE TO MEET THE DEMANDS. AND FOR THAT, I AM DEEPLY GRATEFUL. MANY PEOPLE IN THIS ROOM ALREADY KNOW ME, BUT I WANT TO SHARE A LITTLE BIT ABOUT MYSELF. I AM DEDICATED TO THE FIRE SERVICE AND TO THE BROTHERS AND SISTERS WHO MAKE IT WHAT IT IS. I AM FIERCELY LOYAL, SOMETIMES TO A FAULT. I AM PASSIONATE ABOUT THE SERVICE WE PROVIDE AND THE IMPACT THIS CAREER HAS. BUT IF I COULD LEAVE YOU WITH ONE THING ABOUT ME, IT IS THAT I AM A LOVING FATHER AND HUSBAND. MY BEAUTIFUL WIFE MANDY, AND MY AMAZING CHILDREN GARRETT, AMBER, LAUREN AND GRIFFIN. THANK YOU. YOU ARE MY WORLD AND MY GREATEST PRIORITY. THANK YOU FOR YOUR PATIENCE AND UNDERSTANDING AND FOR ALWAYS AND FOR ALLOWING ME TO BE TO PUT SO MUCH OF MY DEDICATION INTO THIS WORK AND FOR SUPPORTING ME IN COMING BACK TO A DEPARTMENT THAT TRULY FEELS LIKE HOME TO MY FIREFIGHTERS.

LOOK TO YOUR OWN FAMILIES AS A REMINDER OF WHY WE ARE HERE. YOU MAY EACH HAVE YOUR OWN REASONS FOR CHOOSING THIS PROFESSION, BUT AT THE END OF THE DAY, WE ARE HERE TO SERVE.

[00:10:03]

WE ARE HERE TO ENSURE OUR COMMUNITY KNOWS THAT SOMEONE IS READY AND CAPABLE OF ANSWERING THE CALL WHEN THEY ARE AT THEIR MOST DESPERATE MOMENTS. I EXPECT ALL OF US TO SERVE THIS COMMUNITY TO THE BEST OF OUR ABILITY, JUST AS WE WOULD OUR OWN FAMILIES. LASTLY, I BELIEVE THE FIRE SERVICE IS A FAMILY LOOKING OUT, LOOK OUT FOR ONE ANOTHER AND PLACE EACH OTHER'S NEEDS BEFORE YOUR OWN. YOU ARE MY SECOND FAMILY AND I'M COMMITTED TO BEING THERE FOR YOU. I BELIEVE IN SERVING THE PEOPLE YOU LOVE AND I LOVE THIS COMMUNITY AND I LOVE THIS DEPARTMENT. AGAIN, TO MY FIREFIGHTER FAMILY, TAKE PRIDE IN THIS DEPARTMENT AND THE WORK THAT YOU DO FOR THIS COMMUNITY. DON'T LOSE SIGHT OF HOW FORTUNATE WE ARE TO HAVE A JOB THAT MEANS SO MUCH AND IS SO IMPACTFUL. I AM NOT PERFECT AND I WILL NEED A LOT OF HELP ALONG THE WAY. BUT YOU ARE AN INCREDIBLE TEAM AND FAMILY AND TOGETHER WE CAN MEET ANY OF THESE CHALLENGES. I COMMIT TO GIVING MY VERY BEST AND TO ALWAYS TRY TO DO ALL THE RIGHT THINGS FOR ALL THE RIGHT REASONS. THANK YOU AGAIN FOR ALL OF YOUR SUPPORT AND THIS OPPORTUNITY TO SERVE AS YOUR FIRE CHIEF. IT'S GOOD TO COME HOME. THANK YOU. THAT IS ACTUALLY THE CONCLUSION OF OUR SWEARING IN CEREMONY TONIGHT. ALTHOUGH WE WILL TURN OFF THE MICS, WE ARE STILL GOING TO BE RECORDING VIDEO. IT'S JUST PART OF HOW OUR CONTRACT WITH THE WITH THE SWAG AT WORKS. AND SO PLEASE FEEL FREE TO TALK YOUR YOU'RE BEING VIDEOED BUT NOT RECORDED. AND OUR CITY COUNCIL MEETING STARTS IN ABOUT 15 MINUTES, BUT WE'RE NOT GOING TO RUSH ANYONE OUT. AND THE CHAIRS WILL JUST STAY AS THEY ARE. SO ENJOY AT LEAST THE NEXT 15 MINUTES WITH YOUR NEW CHIEF. THANK YOU. OKAY, THERE WE GO. WE ALWAYS HAVE TO WAIT FOR THAT EXTRA MINUTE FOR THE MICS TO COME ON. WE WOULD WELCOME YOU TO THE CITY COUNCIL MEETING FOR THURSDAY, APRIL 2ND, 2026, AND WE WOULD ASK OUR DEPUTY CLERK TO GIVE US A ROLL CALL. COUNCIL PRESIDENT FRANCIS HERE, COUNCILOR RADFORD PRESENT, COUNCILOR ZALCMAN HERE, COUNCILOR FREEMAN HERE. COUNCILOR LARSSON. COUNCILOR LEE HERE, MAYOR. YOU HAVE.

THANK YOU. COUNCILOR LARSSON IS GOING TO BE ABSENT TONIGHT. SO. AND WE DID GO AHEAD. THANK YOU.

I'VE ASKED DANIEL TO LEAD US IN THE PLEDGE OF ALLEGIANCE. AND I'M SORRY THAT I ONLY KNOW YOU BY YOUR FIRST NAME, BUT I CLEARLY DO KNOW YOU BY YOUR FIRST NAME ALL THE TIME, SO THANK YOU. 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. OKAY, COUNCILORS, IT HAS COME TO OUR ATTENTION THAT THE ATTORNEY FOR THE APPLICANT FOR THE RECONSIDERATION HEARING IS UNAVAILABLE TONIGHT. AND JUST TO BE CONSIDERATE OF THE AUDIENCE MEMBERS WHO MIGHT BE HERE TO TESTIFY, I WOULD ASK COUNCIL TO DETERMINE WHETHER OR NOT THEY WANT TO REQUEST, EXCUSE ME, GRANT THE REQUEST FOR A POSTPONEMENT TONIGHT AT LEAST. SO AT THIS POINT, IF THERE IS A GRANT FOR POSTPONEMENT THAT THE AUDIENCE DOESN'T HAVE TO WAIT UNTIL THE END OF THE AGENDA TO KNOW WHETHER OR NOT THAT HEARING WILL CONTINUE THERE, I DON'T KNOW IF I MENTIONED THEIR ATTORNEY IS NOT AVAILABLE AND THAT'S WHY THEY REQUESTED IT. SO, MAYOR, I WOULD MOVE TO TABLE ITEM E TWO, A PUBLIC HEARING FOR WILL PLACE TOWNHOMES TO A DATE CERTAIN OF APRIL 23RD FOR OUR COUNCIL SESSION THAT NIGHT. IS THERE ANY DISCUSSION OR A SECOND TO THAT MOTION? I'LL SECOND. WOULD YOU. YES WE CAN. THIS IS SORT OF A TRADE OFF IN THE WAY I LOOK AT IT. AND THAT IS MANY PEOPLE OBVIOUSLY CAME OUT TONIGHT PREPARED FOR THE HEARING. MANY, MANY OF THEM MAY HAVE ADJUSTED THEIR SCHEDULE TO BE HERE AT THIS TIME. AND SO IT'S MY UNDERSTANDING THAT THIS REQUEST FOR TABLING ONLY CAME YESTERDAY. AND SO THIS HAS BEEN

[00:15:04]

POSTED FOR THREE WEEKS THROUGH THE NEWSPAPER POSTING AS THE FOLLOW UP HEARING OR WHATEVER.

SO I'M OPPOSED TO THIS MOTION. I THINK WE SHOULD HOLD THE HEARING TONIGHT. THE REQUEST ACTUALLY DID COME A COUPLE OF DAYS AGO, BUT THE HEARING HAD ALREADY BEEN ANNOUNCED, SO WE HAD TO CONTINUE WITH THAT. SO IT WASN'T YESTERDAY. IT WAS A COUPLE OF DAYS AGO, BUT IT WAS AFTER LONG AFTER THE HEARING HAD BEEN ANNOUNCED. SO IT HAD TO REMAIN ON THE AGENDA IN ORDER TO COMPLY WITH THOSE HEARING. AND I GUESS I HAVE ONE MORE THING TO SAY. WE MAY HAVE TO VERIFY THIS, BUT I BELIEVE THE DEVELOPER WAS TOLD TODAY TO BE PREPARED THAT THIS MAY NOT PASS. CORRECT. THEY THAT THIS IS A DECISION OF THE COUNCIL. WE DO. JUST A COMMENT. I MEAN, THESE ARE THE FOLKS THAT ASKED FOR THE HEARING IN THE FIRST PLACE, AND THEN THEY CAN'T MAKE IT TO THE HEARING. AND I JUST THAT BOTHERS ME. ALL THESE FOLKS HAVE SHOWN UP FOR THIS HEARING. I'D BE INCLINED TO HOLD THE HEARING THIS EVENING. SO WE HAVE A FIRST AND A SECOND.

AND I WOULD JUST FURTHER THE DISCUSSION TO SAY THAT IF WE PURSUE THIS PATH AND DO THE HEARING WITHOUT HAVING THE LEGAL REPRESENTATION OF THE DEVELOPER, I THINK THERE'S ANOTHER LEGAL ISSUE THERE THAT WOULD BE ANOTHER PROBLEM FOR US, POTENTIALLY. AND I THINK THAT THEY WERE DEFINITELY UNDER THE IMPRESSION THAT THEY COULD HAVE A CHANCE TO ABUT THESE ARGUMENTS, BUT THEY WOULDN'T THINK IT WOULD BE TONIGHT. SO I THINK EITHER WAY, YOU HAVE PEOPLE WHO ARE GOING TO LOSE THEIR ABILITY TO DEFEND THEMSELVES. I THINK YOU HAVE MORE OF AN OPPORTUNITY FOR PEOPLE TO COME BACK THAN YOU DO FOR THEM TO NOT BE HERE TONIGHT.

I THINK THEY WOULD BE HARMED MORE IN A QUASI JUDICIAL SYSTEM ATMOSPHERE. I'LL MAKE ONE MORE COMMENT. I MEAN, YOU'RE NOT WRONG. THIS IS THERE'S NO PERFECT ANSWER TO THIS. BUT THE REASON THAT I'M THINKING THE WAY I AM IS THAT THEY WERE THEY WERE TOLD THIS WAS THE DAY. AND IF THEY NEEDED TO BE PREPARED. BUT I THINK IT'S IMPORTANT THAT THERE'S ANOTHER GROUP OF PEOPLE THAT ARE OUT HERE WHO MADE A COMMITMENT TONIGHT ALSO AND PLAN ON IT. SO I THINK. I'M STILL STICKING WITH MY DECISION. IS THERE A WAY COUNCIL TO HAVE THE HEARING AND THEN KEEP THE HEARING OPEN FOR SO THAT THE DISCUSSION AND THE REBUT COULD COME APRIL 23RD, AND A DECISION WOULD BE APRIL 23RD. I WOULD ADVISE AGAINST THAT. I'VE THOUGHT ABOUT THAT. I THINK THERE'S SOME DUE PROCESS ISSUES WITH THE VARIOUS PARTIES BEING ABLE TO RESPOND ADEQUATELY TO THAT. AND I ALSO DON'T SEE THE DEVELOPER OR THE REPRESENTATION IN THE ROOM, OR AT LEAST, BUT I.

YEAH. THERE IS MOTION AND A SECOND CALL, THE VOTE COUNT JUST A SECOND. LET'S MAKE SURE PEOPLE UNDERSTAND WHAT A YAY OR NAY VOTE IS. OKAY? OKAY. YEAH. SO A YES VOTE IS TO TABLE THIS QUASI JUDICIAL HEARING TO A DATE CERTAIN OF APRIL 23RD. A NO VOTE WOULD BE TO PROCEED WITH THE REGULAR AGENDA AS IS. AND WE WOULD HEAR THE QUASI JUDICIAL HEARING TONIGHT. WE KNOW. DEMON. NO. FRANCIS, NO. FRIEDMAN. NO. RADFORD. I. OKAY, WE WILL CONTINUE WITH OUR AGENDA AS PLANNED AND WE WILL BEGIN TONIGHT WITH PUBLIC COMMENT. IF YOU ARE HERE TO GIVE PUBLIC COMMENT OR PUBLIC PARTICIPATE IN ONE OF THE HEARINGS THAT WE HAVE TONIGHT, THEN WE WOULD ASK YOU TO. THIS IS NOW NOT THE TIME WE WILL LISTEN TO JUST PUBLIC COMMENT ON ISSUES THAT AREN'T ASSOCIATED WITH THE AGENDA TONIGHT. AND WE WOULD TYPICALLY GIVE ABOUT THREE MINUTES FOR THOSE. IF YOU WOULD LIKE TO COME TO THE PODIUM. AND JUST TO

[00:20:02]

BE CLEAR, THEY THEY CAN COMMENT ON ANYTHING ON THE AGENDA EXCEPT THE QUASI JUDICIAL HEARING. EXCUSE ME. YES. I MEAN, IF YOU ARE HERE, IF THEY WANTED TO COMMENT ON SOME OF THE OTHER AGENDA ITEMS THAT AREN'T QUASI JUDICIAL, THAT'S. THANK YOU COUNCIL. I DO APPRECIATE THAT.

OKAY. SEEING NO PUBLIC COMMENT TONIGHT, WE WILL MOVE ON TO OUR CONSENT AGENDA. AND I KNOW THAT COUNCIL MEMBER FRANCIS HAS SOME QUESTIONS CONCERNING OUR CONSENT AGENDA. YES. AND I THINK WHAT HAS HAPPENED, AT LEAST FOR ME, IS JUST OUR FORMATTING IS CHANGING. AT LEAST THAT'S WHAT I'M GOING TO BLAME IT ON UNTIL I FIND OUT SOMETHING ELSE. BUT THERE ARE SOME MEMOS THAT HAVE COME THROUGH WITHOUT CLEAR REFERENCE TO FINANCE HAVING REVIEWED THEM.

SO I ASKED DIRECTOR ALEXANDER IF SHE WOULD EXPLAIN A BIT ABOUT THE PROCESS, AND ASSURED THAT ALL THE MEMOS IN THE CONSENT AGENDA AND IN THE PACKET HAVE BEEN CAREFULLY VETTED BY FINANCE. YES. THANK YOU, MAYOR AND CITY COUNCIL. COUNCIL PRESIDENT, YOU ARE ABSOLUTELY CORRECT. SO THE CITY USES A SOFTWARE CALLED LINA.STAR AND IS SPECIFICALLY DESIGNED TO GO THROUGH A WORKFLOW PROCESS FOR ALL CONSENT AND REGULAR AGENDA ITEMS. THE WORKFLOW, IF YOU WILL, IS SET UP TO GO THROUGH A PROCESS OF OUR CITY ATTORNEY, WHICH IS MR. JONES, OUR CHIEF OF STAFF, WHICH IS MARGARET VAUGHAN, MYSELF AS THE DIRECTOR OF MUNICIPAL SERVICES, TO VERIFY THE FINANCIAL AND BUDGET. OUR CITY ATTORNEY LOOKS AT THE LEGAL COMPONENTS OF THE REQUEST FOR THE COUNCIL MEMO. OUR CHIEF OF STAFF LOOKS LOOKS AT IT FOR A VARIETY OF OTHER MAYOR SPECIFIC ELEMENTS THAT THE MAYOR WOULD LIKE TO SEE IN THOSE MEMOS. AND THEN, AS I MENTIONED EARLIER, IT COMES TO MY POSITION AS MUNICIPAL SERVICES DIRECTOR TO VERIFY THE FINANCIAL AND THE BUDGET AND ALSO TO VERIFY THINGS SUCH AS GRANTS, MAKING SURE THAT WE DO THE SAM.GOV, ALL THE THINGS THAT WE'RE REQUIRED TO DO FROM A FINANCIAL BASIS RELATED TO OUR AUDIT. THANK YOU. AND I'M HOPING IN THE FUTURE I CAN FIGURE OUT A WAY TO MAKE THAT ON THE MEMO ITSELF. SO WHEN WE VOTE ON IT AS COUNCIL, WE SEE IT. YOU HAVE REVIEWED IT. THANK YOU. THANK YOU, THANK YOU. DIRECTOR ALEXANDER, WE ARE

[4. Consent Agenda]

READY FOR A MOTION FOR THE CONSENT AGENDA. I'LL MOVE TO APPROVE, ACCEPT OR RECEIVE ALL ITEMS ON THE CONSENT AGENDA. ACCORDING TO. EXCUSE ME. WE DO HAVE TO READ. OH, THEY'VE READ THEM INTO THE CONSENT AGENDA. THANK YOU. TALK ABOUT IT. THAT WAS MY FAULT. PLEASE. THERE ARE NINE ITEMS ON THE CONSENT AGENDA. ONE ITEM OUT OF OFFICE OF THE MAYOR. APPOINTMENT OF MATT WARNKE TO THE WAR BONNET, ROUND UP RODEO ADVISORY COMMITTEE. TWO ITEMS FROM MUNICIPAL SERVICES. BUDGET TRANSFER OF $82,231.03 FOR THE FRONTIER CENTER FOR THE PERFORMING ARTS. HARDWARE UPGRADES FOR A TOTAL OF $89,023.01 PER DOCUMENT. TWO ITEMS FROM PUBLIC WORKS BID AWARD FOR THREE OVERLAYS. TWO NICE RIVERS FOR. 99,500. SORRY, SORRY $957,266. BID AWARD FOR MICRO SURFING TO ASPHALT PAYMENT SOLUTIONS FOR $503.40 $5,503. SORRY, $503,418 AND THREE ITEMS FROM IDAHO FALLS POWER RESUPPLY FULL INVENTORY FOR $171,209.10. WITH WESTERN UNITED ELECTRIC BID AWARD FOR REPRAP AT AT THE GEM STATE PLANT TO STAND FOR CONSTRUCTION AND MATERIALS FOR $92,022.20 IN AWARDS FOR THE CIRCUIT BREAKER PURCHASE AT HARRISON SUBSTATION FOR $395,505 AND ONE ITEM. OFFICE OF THE CITY CLERK CITY COUNCIL MEETING MINUTES FROM MARCH 9TH AND 12TH OF 2026. THANK YOU. OKAY. I WILL NOW MOVE TO APPROVE, ACCEPT OR RECEIVE ALL ITEMS ON THE CONSENT AGENDA. ACCORDING TO THE RECOMMENDATIONS PRESENTED. SECOND. PLEASE REPORT A FREEMAN. YES, FRANCIS I YES. LEE. YES.

MOTION CARRIES. THANK YOU. OKAY. NOW WE WERE GOING TO MOVE ON TO OUR REGULAR AGENDA, AND WE

[5.A.1) Approve Work Order 26-01 for an Environmental Assessment - Air Traffic Control Tower and VOR Relocation]

[00:25:04]

WOULD WELCOME DIRECTOR TURNER TO THE PODIUM TO REPORT ON AIRPORT. GOOD EVENING, MAYOR AND COUNCIL. THE ITEM BEFORE YOU APPROVES AN ENVIRONMENTAL ASSESSMENT RELATED TO RELOCATING AIR TRAFFIC CONTROL TOWER AND NAVIGATE ON THE AIRFIELD, WHICH IS CALLED A V U R. AS YOU KNOW, THE AIR TRAFFIC CONTROL TOWER IS INTEGRATED INTO THE TERMINAL BUILDING. IT WAS BUILT IN THE 1950S AND DOESN'T NEED ANY MODERN BUILDING CODE. FOR THE MOST PART, IT'S PREVENTING US FROM EXPANDING THE TERMINAL BUILDING IN THAT PORTION OF THE NORTHERN PORTION OF THE TERMINAL BUILDING. BECAUSE OF THAT, THE AIRPORT IN AUGUST OF 2022 BEGAN A SITING STUDY. THAT SITING STUDY DETERMINED THAT THERE WOULD BE IMPACTS TO THE VOR, WHICH IS THE NAVIGATIONAL AID PILOTS USED TO FIND THE IDAHO FALLS REGIONAL AIRPORT. WE ADDED A VR RELOCATION FEASIBILITY THROUGH CONSULTATION WITH THE FEDERAL AVIATION ADMINISTRATION, WHICH MANY OF YOU WILL REMEMBER FROM LAST SUMMER, AND WE WERE ABLE TO PIVOT THIS ENVIRONMENTAL ASSESSMENT TO INCLUDE THAT RELOCATION. WE PRESENTED A SCOPE OF WORK TO THE FAA, WHICH THEY APPROVED. OUR WAS SELECTED IN 2024 TO DO ENVIRONMENTAL WORK AT THE AIRPORT. THEIR FEE FOR THIS SCOPE OF WORK WAS $1,008,700.82. WE CONDUCTED AN INDEPENDENT FEE ESTIMATE ON THIS WORK, WHICH CAME BACK STATING THAT THE FEE IS ACCEPTABLE. THE FAA HAS CONCURRED IN THAT LETTER IS IN YOUR PACKET. WE HAVE ENOUGH FUNDING REMAINING IN A PRIOR AIRPORT IMPROVEMENT PROGRAM, FUNDING FOR FEDERAL CONTRACT TOWERS TO COVER THAT. AND THIS WORK ORDER FOR THEM TO YOU FOR YOUR APPROVAL. COUNCILORS, ANY QUESTIONS FOR DIRECTOR TURNER? OKAY, I WOULD READY FOR A MOTION. YES, I WOULD MOVE TO APPROVE WORK ORDER 2601 WITH THE ADORA GROUP TO CONDUCT AN ENVIRONMENTAL ASSESSMENT, AIR TRAFFIC CONTROL TOWER AND VOR RELOCATION IN THE AMOUNT OF $1,008,700.82. I'LL. SECOND.

FRANCIS, I. FREEMAN. YES. KINGMAN. YES. BRADFORD HIGH. YES. MOTION CARRIES. THANK YOU.

[5.B.1) IFP 26-09 (Part A) Downtown Alley Phase 2 - Construction and (Part B) Phase 3 - Electrical Construction 5.C.1) Purchase HazMat Unit Equipment for Fire Department]

OUR NEXT ITEM TONIGHT IS COMING TO US FROM IDAHO FALLS POWER. AND WE HAVE OUR FINANCIAL CFO, JOSH RUTH, HERE TO PRESENT TO US TONIGHT. HELLO. GOOD EVENING, MAYOR AND COUNCIL. THANK YOU FOR ALLOWING ME TO BE HERE. SO TO KIND OF START OFF BACK IN 2025, WE'RE AT THE VERY BEGINNING OF 2025. IDAHO FALLS POWER APPLIED FOR GRANT FUNDING TO BE A SUBRECIPIENT FROM EMR, AND PMR IS THE IDAHO GOVERNOR'S OFFICE OF ENERGY AND MINERAL RESOURCES, AND THEY WERE ACTUALLY THE RECIPIENT FOR THE IDAHO ENERGY RESILIENCE GRANT PROGRAM, WHICH IS PART OF THE INFRASTRUCTURE INVESTMENT AND JOBS ACT, WHICH IS THE, I. J SO KIND OF LIKE GOES DOWN THE LINE.

SO, SO WE WERE ABLE TO RECEIVE A $2 MILLION GRANT FROM OMR. AND WHAT THIS IS FOR IS TO TAKE THE OVERHEAD POWER LINES IN OUR DOWNTOWN ALLEYWAYS AND TO CONVERT THEM TO UNDERGROUND CONSTRUCTION OR UNDERGROUND INFRASTRUCTURE. AND SO WE ARE JUST ABOUT TO FINISH THE FIRST PHASE OF THIS GRANT, WHICH IS THE ALLEYWAY BETWEEN BROADWAY AND EIGHTH STREET. THAT SHOULD BE DONE SOMETIME THIS SPRING, EARLY SUMMER, AND WE ARE READY TO MOVE FORWARD TO THE NEXT TWO PHASES, WHICH ARE THE NEXT TWO ALLEYWAYS. AND SO WE WENT OUT FOR BIDS FOR THE CONSTRUCTION OF THESE TWO ALLEYWAYS. AND WITH THIS BID, THERE WAS TWO PARTS OF IT. THERE WAS PART A, WHICH WAS GENERAL CONSTRUCTION, WHICH IS LIKE ALL THE TRENCHING, THE LAYING, THE CONDUIT, THE CONTRACTOR TO INSTALL THE CONCRETE TRANSFORMER PADS, PRETTY MUCH ALL THE GROUNDWORK FOR THAT. AND THEN FOR PART B IS ALL THE ELECTRICAL SIDE. SO THAT IS ALL THE SECONDARY SERVICES THAT GO FROM THE TRANSFORMERS TO THE COMMERCIAL CUSTOMERS METERS. AND USUALLY IDAHO FALLS POWER. WE DON'T DO ANY SECONDARY WORK. WE DON'T PAY FOR ANY SECONDARY WORK. AND SO BUT FOR THE, FOR THE DOWNTOWN ALLEYWAYS TO EXPECT THESE COMMERCIAL CUSTOMERS AND RESIDENTIAL CUSTOMERS TO PAY FOR ALL THE SECONDARY WORK, IT'S A HUGE BURDEN ON THEM. AND SO THAT'S WHY IT WAS GREAT TO BE ABLE TO USE THIS GRANT FUNDING THAT WE RECEIVED TO PAY FOR ALL THAT SECONDARY WORK. SO OUR CUSTOMERS, THE COMMERCIAL CUSTOMERS AND THE RESIDENTIAL CUSTOMERS DIDN'T HAVE TO CARRY THAT BURDEN. AND SO THAT'S WHAT WE'RE WE'RE USING THOSE FUNDS

[00:30:03]

FOR. AND SO FROM THE BIDS WE RECEIVED FOR RESPONSES FOR THE THE PART, A GENERAL CONSTRUCTION, WHICH. K.M. CONSTRUCTION WAS THE LOWEST BIDDER AT $430,000. 443 SORRY, $430,443.80. AND ONE RESPONSE FOR THE ELECTRICAL CONSTRUCTION, WHICH WAS THE PART B WAS WHEELER ELECTRIC AT $357,600. AND SO THE TOTAL COST INCLUDES A 10% CONTINGENCY OF $78,804.38, FOR A TOTAL AMOUNT OF $866,848.18. SO WE'RE HERE TO ASK FOR THE ACCEPTANCE AND APPROVAL OF THE BIDS FROM K.M. CONSTRUCTION FOR THE PART A CONSTRUCTION AND THE WHEELER ELECTRIC FOR THE PART B CONSTRUCTION COUNCIL MEMBERS. ANY QUESTIONS? YES, PLEASE FINISH THE PROJECT FOR THE ALLEYS. OR IS THERE ANOTHER. SO WE'LL FINISH THE ALL THE ALLEY WORKS. COULD WE RECEIVE GRANT FUNDING BEFORE? A COUPLE YEARS AGO. AND WE DID THE ONE ALLEYWAY WE RECEIVED MORE GRANT FUNDING FOR LIKE THE SECOND PHASE, WHICH IS THREE DIFFERENT PHASES, THREE DIFFERENT ALLEYWAYS, WHICH WILL FINISH UP PRETTY MUCH FROM CONSTITUTION ALL THE WAY. I MEAN, SORRY, FROM BROADWAY THROUGH CONSTITUTION AND ON THE OTHER SIDE OF IT. SO, SO THIS WILL FINISH IN 2026. WE THE CONSTRUCTION THEY SHOULD BE DONE BY SEPTEMBER OF THIS YEAR. YES. AND THIS GRANT FUNDING, IT'S ALL REIMBURSEMENT. SO WE HAVE TO DO ALL THE WORK. AND ONCE THE WORK IS FINISHED, THEN WE SUBMIT ALL OF OUR RECEIPTS AND PAPERWORK AND THEN WE RECEIVE THE GRANT FUNDING. SO THE ACTUAL REVENUE FROM THE GRANT WON'T COME UNTIL OUR NEXT FISCAL YEAR'S BUDGET. ANY OTHER QUESTIONS? OKAY. ENTERTAIN A MOTION. WELL, I HAVE A COMMENT FOR. OKAY. THANK YOU. I WANT TO TAKE THE OPPORTUNITY. SO THE H FRAME H FRAMES THAT ARE IN THE ALLEYS, THEY'RE DANGEROUS. WE DID HAVE SOMEONE GET ELECTROCUTED ON ONE A NUMBER OF YEARS AGO. THEY ALSO CROWD THE ALLEY SO THAT THERE'S IT'S REALLY HARD FOR DELIVERY TRUCKS AND SO FORTH TO GET UP AND DOWN THOSE ALLEYS. SO THIS IS A REAL WIN WIN FOR THE DOWNTOWN MERCHANTS AND FOR IDAHO FALLS POWER, BECAUSE IT MAKES OUR OUR INFRASTRUCTURE STRONGER. AND IT'S, IT'S PRETTIER. IT'S THE ESTHETICS ARE BETTER. IT'S NOT, YOU KNOW, THE ALLEYS AREN'T AS UGLY WITH ALL THOSE WIRES IN THEM. AND WE'RE GOING TO PUT THEM UNDERGROUND AND IT'S GOING TO BE A NICER DOWNTOWN. SO IT'S GREAT THAT WE THAT WE HAVE THE OPPORTUNITY TO GET THIS GRANT. THIS ALL STARTED WITH THE BROADWAY WHEN WE WHEN WE REDESIGNED THE BROADWAY AREA AND WE DID THAT ALLEY FIRST AND IT KIND OF PIQUED EVERYBODY'S INTEREST ON HOW DOWNTOWN COULD LOOK. AND I JUST LIKE TO GIVE YOU A LITTLE HISTORY ABOUT THAT, AND I'M READY WITH THE MOTION. I WOULD I WOULD MOVE TO ACCEPT AND APPROVE THE BIDS FROM K.M.

CONSTRUCTION PART, A CONSTRUCTION PORTION AND THE WHEELER ELECTRIC PART B ELECTRICAL CONSTRUCTION PORTION OF THE DOWNTOWN ALLEY UPGRADE PROJECT FOR A TOTAL OF. NOT TO EXCEED AMOUNT OF $866,848.18, AND GIVE AUTHORIZATION FOR THE MAYOR AND THE CITY CLERK TO EXECUTE THE NECESSARY DOCUMENTS. SECOND. FREEMAN. YES. BRADFORD A D YES. DAMON. YES. FRANCIS, I MOTION CARRIES. OKAY. THANK YOU. OUR NEXT ITEM IS COMING TO US FROM MUNICIPAL SERVICES.

[5.C.1) Purchase HazMat Unit Equipment for Fire Department]

DIRECTOR ALEXANDER WILL COME TO THE PODIUM AND SPEAK TO US ABOUT THE PURCHASE OF THE HAZMAT UNIT EQUIPMENT. YES. THANK YOU, MAYOR AND CITY COUNCIL. SO SO THIS IS A REALLY BIG PIECE OF EQUIPMENT AND AND I INCLUDED A PICTURE OF IT FOR COUNCIL PRESIDENT FRANCIS, BECAUSE THIS ONE'S A REALLY UNIQUE PIECE OF EQUIPMENT, AS I MENTIONED EARLIER. AND WE DO HAVE OUR NEW CHIEF FIRE CHIEF HERE, CHIEF OLSEN. BUT THIS IS ACTUALLY TO PURCHASE A ONE ENFORCER HEAVY DUTY RESCUE. KB 907 FROM HUGHES FIRE EQUIPMENT THROUGH A COOPERATIVE PURCHASING CONTRACT. IT'LL BE A BRAND NAME. PIERCE ENFORCER. AND WE ACTUALLY ARE PART OF THE STATE'S REGION SEVEN REGIONAL HAZMAT RESPONSE TEAM. AND SO ALL OF THE RESPONSE TEAMS IN THE STATE OF IDAHO ARE LOOKING TO REPLACE THEIR EQUIPMENT AND PURCHASE NEW EQUIPMENT FOR THE PURPOSES OF OF HAZARDOUS MATERIALS RESPONSE. AND SO THIS PURCHASE THIS EVENING IS THROUGH A COOPERATIVE PURCHASING CONTRACT. AS YOU CAN SEE, IT'S FOR $1,279,871. IT'S GOING TO TAKE ABOUT 36 TO 48 MONTHS TO GET IT THROUGH THE MANUFACTURING PROCESS. THAT'S WHAT WE'RE HERE WITH YOU TODAY. IT'S BEING FUNDED, AS I MENTIONED EARLIER, THROUGH AN INTERAGENCY AGREEMENT WITH THE STATE OF IDAHO, SPECIFICALLY THE EMERGENCY MANAGEMENT DEPARTMENT OF THE STATE OF IDAHO. AND IT IS, AGAIN, AS I MENTIONED, TO RESPOND TO

[00:35:03]

PROVIDE RESPONSE FOR REGION SEVEN, WHICH IS OUR REGION HERE IN SOUTHEAST IDAHO. THE FIRE EQUIPMENT HAS BEEN VERIFIED THROUGH SAM.GOV AS REQUIRED. AND WE SHOULD SEE THIS EQUIPMENT PROBABLY 36 TO 48 MONTHS AFTER APPROVAL. AND SO AGAIN IT'S GOING TO BE PURCHASING A PIERCE ENFORCER HEAVY DUTY HAZMAT RESCUE APPARATUS. AND IT IS FOR A TOTAL OF $1,279,871. OH, AND I FORGOT TO MENTION ONE REALLY IMPORTANT THING. AND THAT IS BECAUSE OF ALL THE REGIONS IN THE STATE OF IDAHO ARE GOING TOWARDS THIS ONE VENDOR, WE'VE GOT SOME PRETTY SIGNIFICANT DISCOUNTS FOR THIS PARTICULAR PIECE OF EQUIPMENT. AND SO THAT'S A COLLABORATION OF THE STATE OF IDAHO HAZARDOUS RESPONSE REGIONS. IT REALLY GIVES US AN OPPORTUNITY TO GET A REALLY, REALLY HEAVY DUTY VEHICLE FOR RESPONSE WITH A VERY NICE DISCOUNT BECAUSE OF THE BULK BUY THAT WE HAVE FOR THE STATE OF IDAHO. THANK YOU.

ANY QUESTIONS? YES, YES. PLEASE HAVE A QUESTION OR COMMENT. IS THIS. NO, IT'S A QUESTION. OKAY.

IS THIS LIKE THE GRANT WE JUST HEARD ABOUT LIKE IS THIS WE GET REIMBURSED FOR THIS OR IS THIS CASH THAT'S ALREADY COME TO US? THIS IS CASH THAT HAS ALREADY COME TO US. IT IS ALREADY IN THE BUDGET. HOPEFULLY, THAT WAS LISTED ON YOUR MEMO THAT IT IS PART OF THIS CURRENT YEAR'S BUDGET. AND THEN THERE'S ALSO AN OPPORTUNITY FOR AN EXTENSION BECAUSE AS YOU CAN SEE, THIS EQUIPMENT IS GOING TO TAKE A WHILE TO GET HERE. AND SO OUR STATE OF IDAHO EMERGENCY MANAGEMENT DEPARTMENT IS WORKING VERY DILIGENTLY TO MAKE SURE THOSE FUNDS ARE AVAILABLE.

SO WE ALREADY HAVE THE FUNDS FOR THIS PARTICULAR PIECE OF EQUIPMENT AND A FEW OTHERS THAT WE'RE GOING TO BE BRINGING FORWARD HERE SHORTLY. THIS IS A GREAT THING FOR OUR COMMUNITY ACTUALLY TO BE NAMED AS THIS, AND TO BE ABLE TO ACQUIRE THIS EQUIPMENT. SO THANK YOU, DIRECTOR ALEXANDER. IT'S A MAJOR RECOGNITION FOR THE QUALITY WE USE SPEAKING TO YOU.

YES, IT'S A MAJOR RECOGNITION FOR THE QUALITY OF OUR FIRE DEPARTMENT. IT IS. YES. OKAY.

WE'RE READY FOR A MOTION. ALL RIGHT. I WILL MOVE TO ACCEPT AND APPROVE THE PURCHASE OF ONE PEARSON ENFORCER. HEAVY DUTY HAZMAT RESCUE APPARATUS FROM HUGHES FIRE EQUIPMENT ACCESSING THE HOUSTON-GALVESTON AREA COUNCIL H G C COOPERATIVE GOVERNMENT CONTRACT F S 1223, FOR A TOTAL OF $1,279,871, AND AUTHORIZE THE MAYOR AND CITY CLERK TO SIGN THE NECESSARY DOCUMENTS. SECOND. FRANCIS A V YES, YES. FREEMAN. YES. RADFORD. ALL RIGHT. MOTION CARRIES. AND

[5.C.2) Bid IF 26-006, Water Line Surface Repair]

TO DIRECTOR ALEXANDER AGAIN, WE DO HAVE THE NEXT FEW FROM HER DEPARTMENT STILL. SO THIS IS ACTUALLY TO AWARD A CONTRACT FOR WATER LINE SURFACE REPAIR. SO EVERY YEAR OUR PUBLIC WORKS DEPARTMENT LOOKS AT WHAT THEY'RE GOING TO BE DOING THIS SUMMER. AND THIS IS FOR THE WATERLINE SURFACE REPAIRS THAT WE DO. IT INVOLVES CURB AND GUTTER CONCRETE REBAR AND PLANT MIX. AND SO WE HAD A TOTAL OF THREE BIDS ON THIS BID TAB. AND UNFORTUNATELY ONE OF THE BIDS RECEIVED DID NOT HAVE WHAT THEY CALL A CATEGORY A LICENSE THAT'S REQUIRED BY THE STATE OF IDAHO AT THE TIME THAT YOU BID ON A PARTICULAR PROJECT. AND SO THAT BID, UNFORTUNATELY, WAS DEEMED UNRESPONSIVE. IT WAS ALSO DEEMED AS IRREGULAR BECAUSE THE CATEGORY A LICENSE WAS NOT AVAILABLE AT THE TIME THE BID WAS SUBMITTED. AND SO AT THIS POINT, WE ARE RECOMMENDING AN AWARD FOR A TOTAL OF 904,537, STARTING IN 949, $904,530, AND THIS DOLLAR AMOUNT THAT WAS INCLUDED IN THE BID IN THE UNITS INCLUDED IN THE BID WERE OVER A THREE YEAR ESTIMATED PERIOD. AND SO THE TOTAL BID THAT WE RECEIVED WAS FOR THAT DOLLAR AMOUNT OF 904530, AND THE TOTAL PAGE HERE, THE TOTAL. LISTING PAGE. SO THERE'S THE ACTION ITEMS. A COUPLE OF THINGS. SO FIRST WE'RE REQUESTING THAT YOU REJECT THE BID FROM ROLLING ROCK LLC ON THE BASIS THAT IT DID NOT HAVE A CATEGORY A PUBLIC WORKS CONTRACTOR LICENSE AT THE TIME OF SUBMITTING THE BID, AND ALSO ACCEPT AND APPROVE THE BID RECEIVED FROM THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, JM CONCRETE, FOR AN ESTIMATED TOTAL OF $904,530. AND IT'S VERY IMPORTANT WE HAVE THAT ACTION THAT WAY BECAUSE OF THE UNFORTUNATE VENDOR NOT HAVING THE CATEGORY A LICENSE FOR THIS PARTICULAR BID. THANK YOU.

WE'RE READY FOR A MOTION. ALL RIGHT. I WILL MOVE TO REJECT THE BID FROM ROLLING ROCK, LLC ON THE BASIS THAT IT DID NOT HAVE A CATEGORY, A PUBLIC WORKS CONTRACTOR LICENSE AT THE TIME OF SUBMITTING THE BID AND ACCEPT AND APPROVE THE BID RECEIVED FROM THE LOWEST

[00:40:02]

RESPONSIVE RESPONSIBLE BIDDER, JM CONCRETE, FOR AN ESTIMATED TOTAL OF $904,530. SECOND. YES, RAPPER A YES. FRANCIS. HI, RAYMOND. YES. MOTION CARRIES. THANK YOU. OUR NEXT ITEM IS

[5.C.3) Resolution: City of Idaho Falls Termination of Utility Service and Disconnect Policy]

ALSO COMING TO US FROM MUNICIPAL SERVICES. AND WE WOULD TURN THE TIME OVER TO DIRECTOR ALEXANDER. YES. THANK YOU, MAYOR AND COUNCIL. I AM REALLY PLEASED WITH THIS PARTICULAR AGENDA ITEM BECAUSE IT REALLY DEMONSTRATES TO NOT ONLY YOU AS COUNCIL, BUT ALSO TO THE COMMUNITY HOW WE CAN GET THREE DEPARTMENTS TO WORK TOGETHER AND COME UP WITH COLLABORATIONS. SO AT THIS TIME, I WOULD LIKE THE PERMISSION FROM THE MAYOR TO INVITE OUR CHIEF FINANCIAL OFFICER FROM IDAHO FALLS POWER, AS WELL AS OUR CITY TREASURER FOR THE MUNICIPAL SERVICES DEPARTMENT, TO PRESENT THIS ITEM TO YOU THIS EVENING. YES, THANK YOU BOTH. APPROACH THE PODIUMS. THANK YOU AGAIN FOR ALLOWING US TO TO BE HERE. SO TONIGHT, LIKE AS PAM ALEXANDER WAS STATING THAT WE'RE GOING TO BE PRESENTING ON THE UPDATED. IT'S CALLED THE CITY OF IDAHO FALLS TERMINATION OF UTILITY SERVICE AND TEMPORARY DISCONNECT POLICY AND PROCEDURES. IT'S KIND OF A MOUTHFUL, BUT IT KIND OF COVERS EVERYTHING THAT'S THAT'S WITHIN THAT POLICY. SO THE GOAL OF THIS POLICY IS REALLY TO CREATE A CLEAR, CONSISTENT AND THOROUGH APPROACH TO HOW WE MANAGE SERVICE INTERRUPTIONS HERE AT THE CITY OF IDAHO FALLS, WHILE ALSO IMPROVING COMMUNICATION WITH OUR CUSTOMERS AND ALIGNING OUR INTERNAL PROCESSES. SO TRULY, THIS APPROACH THAT WE DID, THIS NEW POLICY, THERE WAS A LOT OF COLLABORATION BETWEEN THE THREE DEPARTMENTS. I WAS WITH IDAHO FALLS POWER WITH PUBLIC WORKS AND MUNICIPAL SERVICES. WE ALL KIND OF WE CAME TOGETHER AND SPENT A FEW MONTHS, KIND OF MONTHS GOING THROUGH THE POLICY AND MAKING IT WORK FOR FOR EVERYBODY. SO IT'S NOT JUST SPECIFICALLY FOR ONE DEPARTMENT. IT'S GOING TO WORK FOR, FOR ALL OF THE UTILITIES THAT'S OUT THERE. SO WHY WAS THIS POLICY NEEDED? OR I GUESS NOT NEEDED BECAUSE WE HAD THE POLICY, BUT WHY WAS IT UPDATED? SO CURRENTLY WE HAVE TWO DISCONNECT POLICIES. WE HAVE A RESIDENTIAL DISCONNECT POLICY AND WE HAVE A NONRESIDENTIAL DISCONNECT POLICY, WHICH IS FOR ALL OF OUR COMMERCIAL OR INDUSTRIAL ACCOUNTS. AND THE WATER DIVISION. THEY STARTED A POLICY, BUT IT WAS JUST IN DRAFT PHASE AND IT WAS NEVER IMPLEMENTED. AND THEN ALL THE THE REMAINDER UTILITIES, THEY WOULD JUST PIGGYBACK OFF OF THE TWO IDAHO FALLS POWER POLICIES THAT WE HAD. AND SO WHAT WE DIDN'T HAVE WAS JUST A SINGLE POLICY THAT HAD ALL OF THE UTILITIES THAT THAT IF A CUSTOMER NEEDED TO FIND OUT, OKAY, HOW IS THIS WORK? WHAT'S GOING TO HAPPEN? EVERYTHING IS FOUND IN THAT ONE SPECIFIC DOCUMENT. AND SO A LOT OF THE, THE EXISTING POLICIES THAT WE HAVE RIGHT NOW, A LOT OF IT DIDN'T CHANGE, BUT WE DID ADD SOME KIND OF MAJOR TWEAKS TO IT BECAUSE WE WERE ADDING ALL THE DIFFERENT POLICIES OR THE DIFFERENT UTILITIES TOGETHER WITH THAT. SO MARK'S ACTUALLY GOING TO GO THROUGH SOME OF THOSE MAJOR CHANGES THAT WE HAD INTO THE POLICY. THANKS, JOSH. SO SOME OF THE KEY CHANGES THAT WE MADE WAS, FIRST, THAT WE ESTABLISHED CLEAR AND CONSISTENT TIMELINES. SO FOR NONRESIDENTIAL, WE HAVE 75 DAYS PAST DUE BEFORE THE DISCONNECT PROCEDURES BRING IN. AND THEN FOR THE RESIDENTIAL THERE WAS A SLIGHT CHANGE. WE WENT FROM 45 DAYS TO 48 DAYS. AND THAT WILL THAT'S CLEARLY COMMUNICATED IN THE POLICY THAT THAT WILL AT THAT POINT TRIGGER THE DISCONNECT POLICY. SECONDLY, WE SET OUTLINED THE GOVERNANCE AND OVERSIGHT FOR THE POLICY THAT RESIDES AT THE COUNCIL LEVEL. IF THERE'S SOMETHING THAT DOESN'T NEED SPECIAL REQUEST PERMISSIONS THAT COMES BACK TO THE COUNCIL FOR APPROVAL WITH THE OPTION THAT WITHIN THE POLICY. THE MUNICIPAL SERVICES DIRECTOR, THE PUBLIC WORKS DIRECTOR, THE POWER GM AND THE MAYOR COULD COME TOGETHER AND GIVE A 30 DAY EXTENSION, BUT THAT THEN AFTER THAT WOULD HAVE TO COME BACK TO COUNCIL AND THAT THAT EXTENSION IS ONLY FOR SPECIAL CONSIDERATION WHEN IT'S IN THE BEST INTEREST OF THE CITY. WE ALSO WE SIMPLIFIED CUSTOMER SUPPORT OPTIONS. WE CLEARLY OUTLINED WHERE OUR CUSTOMER KNOWS IF THEY NEED HELP AND WHERE THEY NEED SUPPORT AND WHERE THAT WHERE THEY CAN FIND THAT ASSISTANCE. AND FOURTH, WE CLARIFIED OUR WINTER OPERATIONS. WE SET THEM THERE. HOW THE HOW THE MORATORIUM ON DISCONNECTS HAPPENED BETWEEN DECEMBER 1ST TO MARCH 15TH AND HOW COMING OUT OF THAT, HOW WE DEAL WITH THOSE PROCEDURES, THE RAMP UP DISCONNECTS AGAIN. AND THEN LASTLY, WE DEFINED THE

[00:45:04]

STANDARDS BY WHICH WE WOULD DISCONNECT, RECONNECT, AND HOW WE MADE UNIFIED AND FAIR TO ALL OF THE CUSTOMERS. AND SO THAT EVERYONE KNOWS FOR WHATEVER SERVICE IT IS. WHAT IS WATER, WASTEWATER, SANITATION OR POWER, HOW THOSE PROCEDURES ARE GOING TO WORK OR DISCONNECT. AND SO THAT'S KIND OF HOW WE WE BROUGHT THIS ALL TOGETHER AS A GROUP. IT WAS A COMMITTEE. IT WAS A LARGE GROUP OF PEOPLE THAT CAME TOGETHER. OVERALL, THIS POLICY IS ABOUT IMPROVING CONSISTENCY. IT'S ABOUT IMPROVING TRANSPARENCY AND COORDINATION ACROSS ALL UTILITIES FOR THE CITY. DO YOU HAVE ANY QUESTIONS FOR EITHER OF THESE FINE GENTLEMEN AT OUR PODIUM? COULD YOU. YES, PLEASE. SO IT SEEMS SMALL, BUT I KNOW THERE WAS A REASON FOR GOING FROM 45 TO 48. THAT REALLY DOES HELP THE CUSTOMERS. COULD YOU EXPLAIN THAT? YEAH. SO WELL, I THINK I KNOW THE ANSWER. IT'S REALLY A MATH PROBLEM. OKAY. SO 45 IS NOT DIVISIBLE. IT'S 45.

AFTER THE 45TH DAY IT WAS BEING DISCONNECTED, WHICH MAKES IT 46. THAT'S THE OLD POLICY. AND WHEN YOU DIVIDE THAT BY SEVEN IT'S NOT EQUAL. SO IT WAS PUSHING ALL THE DISCONNECTS TO THE WEEKEND. YEAH. AND SO CHANGING 48 PLUS ONE ON THE DAY AFTER MAKES IT 49, WHICH IS DIVISIBLE BY SEVEN. AND SO THAT MAKES IT THE DAY THE BILL IS SEPARATED IS ALSO THE DATE, IF IT'S PAST DUE WOULD BE DISCONNECTED. AND SO IT SPREADS OUT INSTEAD OF MOVING ALL OUR DISCONNECTS TO ONE AND A HALF DAYS, IT PUTS IT ACROSS THE WHOLE WEEK. SO AND THOSE ARE BUSINESS DAYS. YEAH.

SO PRETTY MUCH ALL THAT IS WE DIDN'T WANT TO DO DISCONNECTS ON A FRIDAY. AND SO WE HAD TO CHANGE IT. SO THERE WILL BE NO MORE DISCONNECTS ON A FRIDAY. BECAUSE THEN WHEN PEOPLE GET OFF WORK LIKE 5:00, AND THEN THEY'LL SHARE AT THE UTILITY OFFICE AND, AND TRYING TO GO AND GET FUNDING FROM DIFFERENT ORGANIZATIONS IN THE CITY, IT MAKES IT DIFFICULT. YEAH. WE TOOK THE TIME TO PLOT OUT ALL THE DISCONNECTS AND WHAT DAYS THERE ARE. AND IT'S JUST THIS ONE HAPPENS MOSTLY FRIDAYS AND MONDAYS. AND SO OPERATIONALLY, IT ALSO WAS A POINT OF STICKING FOR US THAT WE NEEDED TO FIX. SO THIS IS A WIN WIN FOR BOTH THE CITY AND THE CUSTOMER. YES, PLEASE. MY OTHER QUESTION IS ON MY PAPER BILL. THERE'S A PLACE TO MAKE DONATIONS, BUT WHERE DOES THAT MONEY GO? TO THE PLEDGES ONLY ICAP, CC AND IP HELP WITH THAT. WHAT IS. SO WE CLICKED ALL THE PLEDGES BY THE MONTH FOR A MONTH, AND AT THE END OF THE MONTH, WE SEND THOSE FUNDS OFF TO THE PLEDGE CENTER. I THINK THEY ALL GO TO ICAP. YEAH, THEY ALL GO TO ICAP AND THEN BACK. SO OKAY, I JUST. YEAH. SO PEOPLE WHO MAKE THAT DONATION, THEY'LL KNOW WHERE IT'S GOING. YEAH, EXACTLY. THE CITY, WE DON'T WANT TO MANAGE THOSE FUNDS BECAUSE WE DON'T WANT TO MAKE THAT LIKE DECISION ON WHO GETS IT, WHO DOESN'T GET IT. AND SO THAT'S WHY ALL OF THE DONATIONS GO STRAIGHT TO EATING UP. THANK YOU. THANK YOU. ANY OTHER QUESTIONS OR COMMENTS? OH YES. I WILL RECUSE MYSELF ON THIS QUESTION BECAUSE OF THIS TESTIMONY. AS CEO OF ICAP, I PROBABLY SHOULDN'T WEIGH IN. I JUST BEFORE COUNCIL, BEFORE YOU MAKE A MOTION. THE OTHER PART THAT I, I APPRECIATE HOW MANY DEPARTMENTS HAD TO COME TOGETHER. AND EVEN WITHIN THE POLICY, IT DEFINES WHO IS GOING TO CONTACT WHO WHEN THAT WHEN THINGS HAPPEN, IT'S LIKE, OH, THIS DEPARTMENT WILL CALL THIS DEPARTMENT AND THIS DEPARTMENT WILL WORK ON THIS. SO I THINK IT IS A, AS BEEN STATED BEFORE, A WIN WIN FOR THE CITY, FOR THE INTERNAL COMMUNICATION AS WELL AS THE RESIDENTS. SO THANK YOU VERY MUCH FOR PUTTING ALL OF THIS TOGETHER AND BRINGING IT TO US TONIGHT. WE ARE READY FOR A MOTION. I'LL MOVE TO APPROVE THE RESOLUTION AMENDING THE CITY OF IDAHO FALLS, TERMINATION OF UTILITY SERVICE AND DISCONNECT POLICY, AND GIVE AUTHORIZATION TO THE MAYOR AND CITY CLERK TO EXECUTE THE NECESSARY DOCUMENTS. SECOND.

DEPUTY. YES. FREEMAN. YES. FRANCIS I LI YES. MOTION CARRIES. OKAY. OUR NEXT ITEM IS

[5.D.1) Bid Award - Seal Coats 2026]

COMING TO US FROM PUBLIC WORKS, AND WE HAVE ASSISTANT DIRECTOR CHRIS CANFIELD COMING TO US TONIGHT. OKAY. THANK YOU, MAYOR AND COUNCIL. IT'S A PLEASURE TO BE HERE. SO THE FIRST ITEM THAT WE HAVE IS THE SO-CALLED BID THAT WE RECEIVED ON MARCH 19TH, 2026. THERE'S A NORMAL ANNUAL PROJECT THAT WE DO FOR OUR PAVEMENT MAINTENANCE AND INFRASTRUCTURE FOR THE STREET DEPARTMENT. THE LOW BID WAS H-K CONTRACTORS, AND THE AMOUNT OF $1,757,391.24. SO WE'RE JUST LOOKING FOR AN AWARD. THE CONTRACT. IS PRETTY STRAIGHTFORWARD. COUNCIL ONLY.

[00:50:01]

YOU'LL SEE IN THESE NEXT FEW ITEMS, JUST THE AMOUNTS IS SORT OF PUSHED US HERE ON THE AGENDA.

SO IF THERE'S NO OTHER DISCUSSION I'M GOING TO GO AHEAD AND MOVE TO APPROVE THE PLANS AND SPECIFICATIONS FOR THE SILCOATES 2026 PROJECT AND AWARD THE LOWEST RESPONSIVE, RESPONSIBLE BIDDER, HK CONTRACTORS, INC. FOR $1,757,391.24 AND GIVE AUTHORIZATION FOR THE MAYOR AND CITY CLERK TO EXECUTE THE NECESSARY DOCUMENTS. SECOND. WE.

YES, YES, A FREEMAN. YES. RADFORD. ALL RIGHT. MOTION CARRIES. THANK YOU. OKAY, SO

[5.D.2) Bid Award - Birch Street and South Boulevard Roundabout]

OUR NEXT ITEM IS THE BID AWARD FOR THE BIRCH STREET SOUTH BOULEVARD ROUNDABOUT PROJECT.

THIS PROJECT WAS BID ON THURSDAY, MARCH 26TH, 2026. THE APPARENT LOW BIDDER WAS D L BECK AT A COST OF $1,332,599.84. I WILL SAY THAT THE INTRODUCES A ROUNDABOUT AT THE INTERSECTION OF BIRCH AND BOULEVARD. WE DID HOLD A PUBLIC MEETING AND IT WAS VERY ENGAGING WITH THE NEIGHBORS AND GOOD TO GET OUT IN FRONT OF THEM WITH THIS PROJECT. SO COUNCIL, YEAH, WE HAD A LOT OF GREAT DISCUSSION, I THINK ON ON COUNCIL AND THE NEIGHBORHOODS.

I THINK IT'S A IT'S BEEN A PRETTY WELL ADVERTISED ROUNDABOUT. AND AS YOU CAN SEE, WE HAVE A LOT OF CONSTRUCTION COMING, A LOT OF IMPROVEMENTS IS WHAT IT IS. SO WITH THAT, I'LL MOVE TO APPROVE THE PLANS AND SPECIFICATIONS BY AWARDING TO THE LOWEST RESPONSIBLE BIDDER, DL BECK INC, IN THE AMOUNT OF $1,332,599.84, AND GIVE AUTHORIZATION FOR THE MAYOR AND CITY CLERK TO EXECUTE THE NECESSARY DOCUMENTS. SECOND. FREEMAN. YES. ALL RIGHT. YES.

SWEET. YES. FRANCIS. AYE. MOTION CARRIES. THANK YOU. SO OUR NEXT ITEM IN THE AGENDA IS

[5.D.3) Professional Services Agreement with Strata Incorporated for Construction Engineering And Inspection for the Science Center Drive Project]

THE APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH STRATA INCORPORATED. SO NOW WE'RE CROSSING BOUNDARIES FROM CITY PROJECTS TO FEDERAL AID PROJECTS. BUT THEY'RE BOTH FOR IMPROVEMENTS WITHIN THE CITY. THIS PROJECT SUPPORTS THIS AGREEMENT SUPPORTS THE CONSTRUCTION ADMINISTRATION, INSPECTION AND TESTING FOR THE FEDERAL AID PROJECT THAT WE HAVE ON SCIENCE CENTER AND ANDERSON STREET, AND THE REPLACEMENT OF SIGNAL AT BOULEVARD AND SCIENCE CENTER. ANDERSON MEETS THERE AT THAT INTERSECTION THAT KIND OF FEEDS TOWARDS THE COMPLEX BETWEEN HOMES. IT ALSO PROVIDES FOR RESURFACING PROJECT BETWEEN HOMES AND THAT INTERSECTION AT SCIENCE CENTER BOULEVARD. SO THE COST IS A IT'S A PROFESSIONAL SERVICES AGREEMENT AND NOT TO EXCEED AMOUNT OF $285,220 WITH STRATA. THEY WERE SELECTED BASED ON THE RFP PROCESS WITH ITB AND LPAC INVOLVED. COUNCILORS. ANY QUESTIONS? YES. COUNCIL MEMBER FRIEDMAN, I'M JUST CURIOUS IF WE HAVE AN ENGINEER'S ESTIMATE AT ALL WITH THIS, OR DO WE HAVE TO HAVE THE DESIGN WORK DONE FIRST? SO ACTUALLY THE DESIGN'S BEEN COMPLETED. THE PROJECT HAS BEEN AWARDED. THIS ONE WAS BID THROUGH THE IDAHO TRANSPORTATION DEPARTMENT. IT WAS JUST UNDER $2 MILLION TO COMPLETE THE CONSTRUCTION KNIFE.

RIVER WAS THE SELECTED CONTRACTOR. IT WAS DONE LAST FALL. WE ANTICIPATE. RIGHT NOW KNIFE RIVER IS PROCURING SIGNAL EQUIPMENT AND WE ANTICIPATE CONSTRUCTION STARTING IN PROBABLY LATE JUNE AND RUNNING THROUGH THE SUMMER. IS IT JUST ME OR I'M NOT USED TO SEEING THIS KIND OF CONSULTANT POSITION. YEAH. FOR OUR CONSTRUCTION OF ROADS AND STREETS. SO WHAT WE'VE DONE IN THE PAST IS WE'VE ADMINISTERED THIS WITH CITY STAFF. THIS PROJECT CAME UP AND WE LOOKED AT OUR STAFF FLOWS AND WE SAID, YOU KNOW WHAT, WHERE THIS ONE IS A FEDERAL AID PROJECT AND THE FUNDS WERE AVAILABLE TO DO IT. WE DO GET REIMBURSED $0.93 ON THE DOLLAR FOR THIS AGREEMENT. AND AND WE WOULD HAVE HAD TO DO AN AGREEMENT FOR MATERIALS TESTING ANYWAYS IN A SMALLER AMOUNT. BUT A LOT OF WHAT I'VE DONE OVER THE YEARS HAS ADMINISTERED THOSE CONTRACTS WITH OUR INSPECTORS AND TRIED TO GET MORE MONEY OUT ON THE ROAD. THANK YOU. YEAH, IT'S KIND OF HARD TO COME UP WITH THIS AGREEMENT, HONESTLY.

ALL RIGHT. I'M GOING TO GO AHEAD AND MOVE TO APPROVE THE PROFESSIONAL SERVICES AGREEMENT WITH STRATA, INC. AND AUTHORIZE THE MAYOR AND CITY CLERK TO EXECUTE THE DOCUMENTS. SECOND.

LI YES, YES. FRANCIS I YES. RADFORD. ALL RIGHT. MOTION CARRIES. COUNCILORS. WELL, MR.

[00:55:01]

CANFIELD IS STILL AT THE PODIUM. WE DO HAVE ONE MORE, BUT I DO WANT TO SAY SOMETHING, LET YOU KNOW SOMETHING THAT WHEN PUBLIC WORKS SAW THE AMOUNT OF CONSTRUCTION THAT IS COMING FORWARD THIS YEAR AND KNOWING THE PARTICULAR EMPHASIS THAT WE WANT TO HAVE ON PUBLIC OUTREACH, WE ACTUALLY WERE CALLED IN TO PUBLIC WORKS WITH THE CHIEF OF STAFF AND OUR PUBLIC INFORMATION OFFICER, AND WE SAT DOWN AND REALLY WORKED THROUGH MAKING SURE THAT NOT EVERY NORTH SOUTH ROAD WAS CLOSED AT THE SAME TIME, OR EVERY EAST WEST COORDINATED, LOOKED AT BONNEVILLE COUNTY, LOOKED AT AMMAN, REALLY PAID ATTENTION. AND OUR PUBLIC INFORMATION OFFICER IS DOING A GREAT JOB TO CONTINUE TO PUT OUT THOSE PRESS RELEASES. SO A SPECIAL THANK YOU TO OUR PUBLIC WORKS DEPARTMENT FOR ACTUALLY, THEY WERE VERY, VERY PROACTIVE IN THIS CONSTRUCTION SEASON IN MAKING SURE THAT THESE PROJECTS CONTINUE SMOOTHLY, BUT ALSO DON'T INTERRUPT SOMETIMES LIKE THE 4TH OF JULY ON BOULEVARD. SO WHEN IS THAT WORK GOING TO START? AND JUST REALLY MAPPED OUT THE SUMMER WORK. SO I WANTED TO BRING THAT TO THE AUDIENCE'S ATTENTION, AS WELL AS TO THE COUNCIL MEMBERS ATTENTION ABOUT HOW PROACTIVE THAT WAS. SO THANK YOU VERY MUCH. YOU DO HAVE ONE MORE ITEM, BUT I WAS AFRAID YOU WOULD SIT DOWN AS SOON AS YOU FINISH THAT. SO I WANTED TO ACKNOWLEDGE THAT. THANK YOU. MAYOR. I WILL SAY THAT OUR CONSTRUCTION MAP ON OUR WEBSITE IS VERY COLORFUL THIS YEAR, SO WATCH OUT FOR IT.

[5.D.4) Alley Vacation - Eagle Rock Town site]

SO OUR NEXT ITEM ON THE AGENDA IS A AN ALLEY VACATION ORDINANCE. AND BASICALLY IT'S THE ALLEY BETWEEN YELLOWSTONE AND ONEIDA. SO IT'S A VERY SHORT ALLEY GOING ON YELLOWSTONE JUST SOUTH OF DOWNTOWN BETWEEN THE SALT AND LAVA. SO THERE'S A DRINKING ESTABLISHMENT. AND WHAT USED TO BE IT LOOKS LIKE AN OLD GRAIN FILLER AREA WAY BACK IN THE DAY, OR A COLD WAREHOUSE FACILITY. IT'S NOW THERE'S A CHURCH THAT'S COME IN TO APPLY TO RECONDITION THAT AREA. AND IN DOING THEIR DEVELOPMENT, THEY'VE EXPLORED THE OPPORTUNITY TO BETTER THE USE OF THE PROPERTY, AND WE'VE WALKED THEM THROUGH THE VACATION PROCESS. WE ARE PRESERVING ENHANCEMENT OVER THE ALLEY FOR THE POWER LINES AND QUESTION AND BUT BUT TRYING TO WORK OUT THE BEST USE OF THE PROPERTY FOR SUCH A SHORT DISTANCE IN THAT CAPACITY AS THEY DO THEIR DEVELOPMENT. ANY QUESTIONS? ANY QUESTIONS? STRAIGHTFORWARD. YEAH. THIS IS THIS IS REALLY STRAIGHTFORWARD. AND IT'S ALWAYS GREAT WHEN WE HAVE THE OPPORTUNITY TO HELP A LOCAL BUSINESS OWNER AND, AND ALSO PROTECT OUR THE CITY'S RIGHTS. SO IT SEEMS LIKE A WIN WIN. WITH THAT, I'LL MOVE TO APPROVE THE ALLEY VACATION ORDINANCE UNDER SUSPENSION OF THE RULES REQUIRING THREE COMPLETE SEPARATE READINGS AND REQUESTED IT BE READ BY TITLE. SECOND. AND SHOULD I SAY PUBLISHED BY SUMMARY. CORRECT.

ALL RIGHT. YES. FRANCIS A FREEMAN. YES. LEE. YES. MOTION CARRIES AN ORDINANCE OF THE CITY OF CITY OF IDAHO FALLS, IDAHO. A MUNICIPAL CORPORATION OF THE STATE OF IDAHO PROVIDING FOR THE VACATION OF A PUBLIC ALLEY LOCATED WITHIN THE CITY OF IDAHO FALLS. AND WE BELIEVE IT IS RIGHT IN SECTION ONE OF THIS ORDINANCE, PROVIDING THAT TITLE TO SAID ALLEY SHALL. BEST, AS SPECIFIED IN SECTION TWO OF THIS ORDINANCE, RESERVING TO THE CITY A PUBLIC UTILITY EASEMENT AS DESCRIBED IN SECTION THREE OF THIS ORDINANCE, PROVIDING THAT THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT FROM AND AFTER PASSAGE, APPROVAL AND PUBLICATION ACCORDING TO ALL. THANK YOU. THANK YOU, MR. CANFIELD. OKAY. OUR NEXT ITEM IS COMING TO US

[5.E.1) Legislative Public Hearing for the Annexation and Initial Zoning of R1, Single Dwelling Residential – Annexation and Initial Zoning Ordinances and Reasoned Statements of Relevant Criteria and Standards for approximately 38.305 acres in the S ½ of Section 6 and the SW ¼ of Section 5 and the N ½ of Section 7, Township 1 North, Range 38 East.]

FROM OUR COMMUNITY DEVELOPMENT SERVICES. THIS IS A LEGISLATIVE PUBLIC HEARING FOR THE ANNEXATION AND INITIAL ZONING OF R-1, SINGLE DWELLING RESIDENTIAL. AND I WOULD DECLARE THE HEARING OPEN AND EXCUSE ME, COUNCIL. I JUST NEED TO MAKE A DECLARATION. OKAY.

I'M GOING TO DECLARE THE HEARING NOW OPEN. AND I WOULD ASK THAT ALL OF THE INFORMATION UNTIL WE CLOSE THE HEARING, BE PUT IN THE RECORD. AND COUNCIL MEMBER FRANCIS, DID YOU HAVE SOMETHING BEFORE WE BEGIN THIS HEARING FRIENDSHIP WITH ONE OF THE PEOPLE WHO WAS AT THE PLANNING AND ZONING, BUT I HAVE NO FINANCIAL INTEREST IN THIS, SO I AM GOING TO PARTICIPATE IN THE DECISION. OH, OKAY. OKAY. THANK YOU FOR DECLARING THAT. AND WE WOULD ASK THE APPLICANT TO COME FORWARD TO PRESENT THE ANNEXATION AND INITIAL ZONING. GOOD EVENING, MAYOR AND COUNCIL.

[01:00:06]

I'M NEIL HUMPHREYS WITH EAGLE ROCK ENGINEERING, REPRESENTING THE APPLICANT, 1331 FREMONT AVENUE HERE IN IDAHO FALLS. IT'S OUR OFFICE ADDRESS. AND YEAH, FOR THE COUNCIL'S DECISION IS, I GUESS, THE REQUEST TO APPROVE THE ANNEXATION AND INITIAL ZONING.

WE ARE REQUESTING AN R-1 ZONE ON THIS PROPERTY IN QUESTION. I DON'T THINK I TRUST MYSELF TO RUN THE MAP. IS THERE A WAY TO GET THE. THAT MIGHT HELP US, BUT THE PROPERTY IS ROUGHLY THERE. YOU SHOULD HAVE A CLICKER RIGHT THERE AND YOU CAN CLICK ON THE SCREEN. SO. OH.

THANK YOU, DIRECTOR TANNER. OKAY, PERFECT. SO THIS WILL THIS WILL MAYBE HELP A LITTLE BIT WITH THE DISCUSSION. THE RED OUTLINE SHOWS THE ENTIRETY OF THE ANNEXATION, THE AGRICULTURAL FIELD THAT'S KIND OF ENCLOSED IN THAT RED BOUNDARY IS THE PORTION THAT WE'RE REQUESTING THE R-1 ZONE TO BE APPLIED TO. AND WORKING WITH THE DEVELOPER AND PLANNING AND PUBLIC WORKS DEPARTMENTS ON THIS APPLICATION, THEY REQUESTED THAT WE WORK WITH THE DEVELOPER TO TRY TO INCLUDE ANNEXATION OF AS MUCH OF THE RIGHT OF WAY AS WE COULD ALONG THE 65TH SOUTH. THIS WILL HELP WITH CONTROLLING THE DEVELOPMENT AND BUILD OUT OF 65TH SOUTH IN THE FUTURE. AS YOU KNOW, MORE HOMES AND PROPERTY GETS ANNEXED TO THE SOUTH. AND SO WE WENT AHEAD AND INCLUDED THAT ON OUR APPLICATION. SO THAT'S WHY YOU'RE SEEING A LOT OF THE EXTENDED ROADWAY. BUT IN SHORT, WE WERE REQUESTING ROUGHLY 38 ACRES TO BE ANNEXED HERE, CLOSE TO THE INTERSECTION OF 65TH SOUTH AND SOUTH HOMES, ALONG WITH THE APPROPRIATE RIGHT OF WAY THERE SO THAT WE CAN HELP FACILITATE SOME PUBLIC IMPROVEMENTS THAT WILL HOPEFULLY HELP THIS AREA BUILD OUT IN THE FUTURE AS WELL.

THANK YOU. NOW WE'RE GOING TO ASK OUR STAFF MEMBER TO COME AND PRESENT THE STAFF REPORT.

ACTUALLY, I SHOULD AT THIS POINT DOES ANYBODY HAVE ANY QUESTIONS FOR THE APPLICANT.

YEAH, THAT IS WHAT I YEAH. SORRY. OKAY. YES WE WILL WAIT AND HAVE THE STAFF REPORT AND THEN THERE MIGHT BE SOME QUESTIONS FOR YOU. THANK YOU. MAYOR AND COUNCIL. AS WAS STATED, THE ANNEXATION BEFORE YOU IS ANNEXATION 20 5-005A REQUEST TO ANNEX INTO THE CITY.

38.305 ACRES OF PROPERTY, AS WAS ALREADY SHOWN BY THE APPLICANT. IT ALSO INCLUDES APPROXIMATELY 50FT OF WIDTH FOR THE 65TH SOUTH RIGHT OF WAY. THE PROPERTY IS LOCATED JUST NORTHWEST. HOMES JUST FOR THE PUBLIC HOMES IS RIGHT HERE IN 65. SOUTH IS HERE, SO IT'S RIGHT BEHIND THE HALLMARK SUBDIVISION RIGHT HERE. THE. THE REQUEST IS FOR AN R-1 AS ZONING DESIGNATION. THE PROPERTIES TO THE WEST. THIS LARGE AGRICULTURAL PROPERTY.

THESE AGRICULTURAL PROPERTIES TO THE SOUTH ARE ALL UNDER COUNTY JURISDICTION. I BELIEVE THEIR ZONING CURRENTLY IS AGRICULTURE. AND THEN WE HAVE COUNTY JURISDICTION TO THE EAST.

HOWEVER, THE CONTIGUOUS PORTION TO THE CITY IS TO THE NORTH, WHICH DOES HAVE AN R-1 ZONING DESIGNATION. THE REQUEST IS FOR THE R-1. AS I STATED, THE TRANSECTS THAT THIS PROPERTY CURRENTLY ENVELOPES IS THE SUBURBAN TRANSECT, WHICH ACCOUNTS FOR A VARIOUS TYPES OF RESIDENTIAL PROPERTIES AS WELL AS MORE VEHICLE ACCESSIBLE PROPERTIES, BUT ALSO TO THE. TO THE SOUTH IS THE MIXED USE CORRIDOR, WHICH WOULD FALL IN LINE MORE WITH THE 65TH SOUTH.

MIXED USE CORRIDOR DOES ALLOW FOR A VARIETY OF HOUSING TYPES. SO. IN SHORT, AN R1 REQUEST IS NOT OUT OF COMPLIANCE WITH THE COMPREHENSIVE PLAN. AND THEN WITH ANNEXATIONS, WE ALWAYS SHOWED THE. THE EXHIBIT FROM EAGLE ROCK ENGINEERING. THE PROPERTY IS CURRENTLY BEING USED AS FARMLAND. THIS ITEM DID GO TO THE PLANNING COMMISSION ON FEBRUARY 3RD OF 2026. I THINK THERE WAS QUITE EXTENSIVE PUBLIC COMMENT ON THIS ANNEXATION. I JUST WANTED TO ADDRESS THOSE A LITTLE BIT. I WOULD ENCOURAGE YOU TO JUST LOOK AT THOSE PUBLIC COMMENTS THAT WERE MADE AS RECORDED IN YOUR PACKET. THE MAIN ISSUES THAT AROSE DURING THAT PUBLIC HEARING WAS THAT THE DENSITY OF R-1 WAS TOO DENSE FOR THIS AREA, BECAUSE OF THE AGRICULTURAL CHARACTER OF THE COUNTY PROPERTIES. THERE WAS CONCERN RAISED ABOUT THE LOSS OF

[01:05:07]

AGRICULTURAL LAND AND THAT THERE'S WILDLIFE THAT IS ON THIS PROPERTY. FURTHER, THERE WERE SOME CONCERNS THAT WERE RAISED REGARDING THE WATER TABLE WELLS AND WATER RIGHTS THAT WOULD EXIST ON THIS PROPERTY AND HOW THEY WOULD BE NEGATED, AS WELL AS ISSUES REGARDING A POWER LINE AND FIBER LINES, WHICH ARE JUST TO SHOW YOU YOU CAN SEE THEM. WELL, YOU CAN SEE THEM ON THIS SLIDE, BUT THEY RUN ALONG THE NORTH SIDE OF 65TH SOUTH. THERE'S A LARGE TRANSMISSION LINE THAT RUNS ALONG THAT PROPERTY. THAT BEING SAID, A LOT OF THE ISSUES THAT WERE RAISED, PLANNING COMMISSION DID STATE THAT. A LOT OF LIKE THE POWER, FOR EXAMPLE, THEY MENTIONED THAT BEING UNDERGROUND, THEIR WATER RIGHTS GET RECTIFIED THROUGH THE PLANNING PROCESS. SO WE'RE LOOKING AT AN ANNEXATION AND A REQUEST FOR ZONING. THE ISSUES THAT THEY BROUGHT UP WERE VERY VALID. BUT REALLY THAT OCCURS AT THE TIME OF PLAT. SO WE'RE LOOKING MORE AT THE ANNEXATION AND THE REQUEST FOR ANNEXATION. DOES THIS DOES THIS CONTIGUOUS TO THE CITY? DOES IT MEET THE COMPREHENSIVE PLAN AND THE REQUEST FOR THE ZONING? AND AND THAT'S WHERE THE PLANNING COMMISSION LOOKED AT THAT. THEY DID PASS THIS UNANIMOUSLY OR SENT A POSITIVE RECOMMENDATION TO YOU, THE CITY COUNCIL, UNANIMOUSLY. AND WITH THAT, I'M HAPPY TO ANSWER ANY QUESTIONS THAT YOU HAVE. COUNCILMEMBER FRANCIS, I WANT TO CONFIRM THE 65TH SOUTH ANNEXATION. I THOUGHT I READ AND MAYBE I'M WRONG. IT WAS 100 FOOT OF RIGHT OF WAY BECAUSE IT MORE THAN 50 BECAUSE 50 WOULD BE ON HALF OF THAT. BUT WE ANNEXED ALL THE ROAD NOW I THINK. RIGHT. THAT'S CORRECT. 100FT. YEAH. IT FLUCTUATES. I JUST SAID 50 BECAUSE THAT WAS THE MIDDLE ONE. OKAY. SO YEAH, IT FLUCTUATES THROUGHOUT THERE THE RIGHT OF WAY BECAUSE THERE'S VARIOUS PROPERTIES AND THINGS. BUT YES, IN SHORT, IT WOULD BE 100. I THINK THE EXHIBIT, IF I REMEMBER RIGHT, CALLS OUT 100. YEAH. THERE'S COUNTY PARCELS THAT HOME TO THE SECTION LINE. YEAH. SO SOME, SOME OF THE COUNTY COUNTY PROPERTIES OWNED TO THE MIDDLE OF THE ROAD. SOME DO NOT. AND THAT'S WHY IT KIND OF FLUCTUATES AS IT GOES DOWN.

BUT IN SHORT, IT WOULD BE THE ENTIRETY OF THE RIGHT OF WAY OF 65TH SOUTH NO MATTER WHAT THAT NUMBER IS. OKAY. DOES THAT ANSWER YOUR QUESTION? YEAH. COUNCILOR LEE, DID YOU HAVE MAYBE IT WAS COUNCILOR FREEMAN? IT WAS. YES. OKAY. SORRY, SORRY. OKAY. WRONG HAND. I DIDN'T MEAN TO SURPRISE BOTH OF YOU. CAN WE GO BACK A SLIDE? I WANT THE ONE THAT'S MORE WITHOUT THE COLOR ON IT. SO THE RED ROOF THERE IS THE IS THE FIRE STATION, IS IT NOT? FIRE STATION SEVEN. RIGHT.

RIGHT THERE. YES, YES. I BELIEVE IS THAT ALSO HAS THAT NOT IN THE CITY. I, I THOUGHT WE ANNEXED THAT WHEN WE BOUGHT THAT FIRE STATION. I DON'T BELIEVE IT HAS BECAUSE IT DOESN'T HAVE CONTIGUITY. YEAH. UNTIL THIS ANNEXATION OCCURS, IF IT OCCURS. LEARN SOMETHING NEW. OKAY. THANK YOU. YEAH. COUNCILOR RADFORD, I DON'T KNOW IF YOU'RE THE RIGHT PERSON TO ASK ABOUT THIS, BUT IN THE COMMENTS PACKET, THERE WAS CONVERSATIONS ABOUT FIBER OPTICS. CAN YOU SPEAK TO THAT? YES, I CAN, AND I DON'T KNOW IF THE INDIVIDUAL THAT SPOKE ON THAT IS HERE. THERE'S A FIBER OPTIC LINE. IT'S IT'S HARD TO SEE ON IF I CAN EVEN SHOW YOU VERY WELL. YEAH, IT'S, IT'S ALONG THIS THIS TRANSMISSION LINE, BUT MAYBE THIS WILL GIVE AN EXAMPLE. THE FIBER OPTIC LINE ACTUALLY RUNS UNDER THE POWER LINES. AND I BELIEVE THE CLEARANCE OF IT WAS 12FT. AND HE HAS A COMBINE THAT HE DRIVES UNDER THAT. AND SO HE HAD REQUESTED THAT THAT BE UNDERGROUND, BUT UNDERGROUND. I DON'T KNOW IF THAT'S A WORD, BUT BUT HE WAS REQUESTING THAT. AND THAT'S WHERE THEY SAID AT THE TIME OF FLAT WE WOULD RECTIFY THAT. BUT YEAH, HE HAD HEART CLEARANCE UNDER THAT AS HE WAS GOING WITH THIS FARM MACHINERY. ANY OTHER QUESTIONS FOR DIRECTOR SANDER? OKAY. THANK YOU. OKAY. NOW WE ARE GOING TO OPEN THE HEARING TO ANYONE WHO IS HERE TO GIVE PUBLIC TESTIMONY FOR OR AGAINST.

EITHER ONE WILL COME JUST TO THE TO THE PODIUM. AND WE ARE GOING TO START WITH THREE MINUTES FOR EACH MEMBER, BECAUSE I KNOW WE HAVE ANOTHER TESTIMONY HEARING, AND WE HAVE LOTS OF MEMBERS WHO ARE HERE TO GIVE TESTIMONY TONIGHT. SO IF YOU WOULDN'T MIND COMING TO THE PODIUM, IF YOU HAVE COMMENT FOR THIS LEGISLATIVE HEARING. OKAY, THERE WAS A LOT IN OUR PACKET, SO I. ACTUALLY THAT WE DON'T HAVE COMMENT ON THIS PARTICULAR HEARING. OKAY. I DO HAVE A

[01:10:06]

QUESTION FOR THE OKAY, IF WE CAN HAVE THE DEVELOPER COME BACK TO THE PODIUM, JUST MAKE THE RECORD THAT THERE WAS NO ONE HERE TO GIVE PUBLIC COMMENT. BUT WE STILL DO HAVE OUR PACKETS, BUT NO ONE APPEARED FOR PUBLIC COMMENT. I DID NOTE MY ANSWER TO THIS QUESTION WAS GOING TO COME UP IN THE PUBLIC COMMENT, BUT SURE, I'LL ASK YOU. SO HAVE IN THE HISTORY OF DEVELOPMENT, WHAT HAPPENS IF YOU RUN INTO THE ENDANGERED SPECIES ISSUE THAT WAS DESCRIBED IN THERE? IF DOES THAT, HOW DO YOU HANDLE THAT AS A DEVELOPER? IF THEY'RE CORRECT THAT THERE IS A BALD EAGLE NEST OR WHATEVER IN THIS AREA, RIGHT. YOU KNOW, THE THE PLANNING PROCESS WORKS ITS WAY THROUGH THE CITY AND WE HAVE TO SUBMIT TO SEVERAL AGENCIES, THE DEPARTMENT OF ENVIRONMENTAL QUALITY REVIEWS THESE PLANS AS FAR AS LIKE ENDANGERED SPECIES REVIEWS AND THINGS LIKE THAT. I DON'T KNOW WHAT THAT PROCESS LOOKS LIKE. THAT'S NOT LIKE A CHECKLIST THAT WE FILL OUT. SO I DON'T KNOW HOW TO ANSWER YOUR QUESTION BECAUSE IT HASN'T COME UP AS FAR AS I'M AWARE, IN MY EXPERIENCE, BUT IT WOULD PRESUMABLY BE SOMETHING THAT WOULD BE DEALT WITH WITH THE FEDERAL AGENCY OR WITH THE FISH AND GAME. YEAH, I WOULD THINK IF THAT WERE FOUND, WE DON'T JUST CHOP THE TREE DOWN AND GO, RIGHT. OKAY. ALL RIGHT. BECAUSE I'M TRYING TO ADDRESS THE ISSUES THAT CAME UP IN PLANNING. YEAH. FOR SURE. OKAY. DIRECTOR CENTER, I THINK YOU WOULD LIKE TO COME TO THE PODIUM. I CAN'T ANSWER THIS TO A DEGREE BECAUSE I DEALT WITH THIS AT THE ENDANGERED SPECIES ACT IN UTAH. WHEN I WORKED THERE, WE HAD A I DON'T REMEMBER THE THE BIRD, BUT IT HAD A NESTING PATTERN ON ONE OF THE DEVELOPMENTS. SO WHAT YOU HAVE TO DO AS A DEVELOPER, YOU DO HAVE TO RECTIFY IT THROUGH THE THROUGH THE FEDERAL AGENCIES. AND YOU ALSO HAVE TO MAKE SURE THAT THE NESTING PATTERN OF THAT ANIMAL.

IN THIS CASE, THEY. THEY MENTIONED THE RED HAWK STUFFED BIRD. FORGIVE ME, I'M NOT A BIOLOGIST, BUT BUT THE. BUT YOU HAVE TO MAKE SURE THAT THE NESTING PATTERN IS COMPLETE FOR THAT ANIMAL BEFORE YOU CAN CONSTRUCT. SO IF A BIRD FLIES THROUGH EVERY YEAR, YOU HAVE TO MAKE SURE THAT THEY'RE NOT USING THAT NEST IN THE NEXT HIBERNATION. MIGRANT MIGRATION.

THANK YOU. MIGRATION SEASON. SO THAT'S HOW YOU RECTIFY IT. SO THEY MAKE SURE THAT WHATEVER HABITATION OF WHATEVER ANIMAL IT IS THAT IT'S NOT BEING USED. AND THEN YOU CAN CONSTRUCT, BUT YOU DO HAVE TO RECTIFY TO SHOW THAT USUALLY THE MEDIATION THAT'S DONE OR THAT THAT WON'T OCCUR. SO AS LONG AS THERE IS NO QUESTION. YEAH, YEAH, NO PROBLEM. SO JUST VERIFY THIS WOULD BE DONE WITH SURFACE WATER BECAUSE ALL OF THIS IS PRESSURIZED IRRIGATION AS WE ANNEX. IS THAT CORRECT? FROM WHAT? FROM WHAT I UNDERSTAND THAT'S CORRECT. YES. I LOOK TO OUR ASSISTANT DIRECTOR OF PUBLIC WORKS AND I'LL ASK YOU MY LAST QUESTION. YEAH. NO PROBLEM. SO THE REASON I'M THINKING DEFINITELY YES ON THIS IS WHEN WE HAVE THIS RIGHT AWAY, IT GIVES US THE BEST CHANCE TO DEAL WITH THE POWER LINE PROBLEM ALONG 65TH SOUTH. ONCE IT'S IN THE CITY, AM I CORRECT? THAT IS CORRECT, YES. BECAUSE THIS IS UNDER COUNTY JURISDICTION, THE RIGHT OF WAY CURRENTLY. THEN WE WOULD HAVE CONTROL HAVING THE RIGHT OF WAY, MEANING WE HAVE JURISDICTION OVER IT AND WE CAN UNDERGROUND IT OR WHATEVER WE NEED. YEAH.

OKAY. YEAH, WE'LL TALK TO POWER. YEAH. AS WELL AS 65 HAS BEEN DESIGNATED AS, AS OUR HIGH CAPACITY ROADWAY. AND SO WHEN THE CITY DOES NOW GAIN THE RIGHT OF WAY, IT CAN FOLLOW MORE CLOSELY TO THAT HIGH CAPACITY ROADWAY STUDY AND CONTROL ACCESS ONTO 65TH, WHICH WILL OVER TIME CERTAINLY ALLEVIATE SOME CONGESTION ALONG OUR EAST WEST ROADS. GO AHEAD.

COUNCILOR, I HAVE A QUICK QUESTION TOO AS WELL. SO AFTER THIS, YOU KNOW, WHATEVER HAPPENS TONIGHT, LET'S SAY THAT THIS IS APPROVED. IS IT GOING TO BE REQUIRED FOR AN ENVIRONMENTAL SURVEY TO SEE IF THERE'S ANY ENDANGERED SPECIES ACT RELATED PROTECTIONS? YEAH, THAT'S A THAT'S A GOOD QUESTION. SOMETIMES PEOPLE CLAIM SPECIES ARE ENDANGERED THAT ARE NOT RIGHT. AND AND SO THEY WOULD HAVE TO DO SOME TYPE OF ASSESSMENT TO MAKE SURE JUST WHAT TRIGGERS THAT, BECAUSE I'VE NOT SEEN THAT YET HERE EITHER. SO YEAH, I, I ACTUALLY DON'T KNOW WHAT TRIGGERS IT HERE IN IDAHO, THEY'RE ON LISTED WITH THE DEPARTMENT AND DEPARTMENT OF INTERIOR. AND YOU JUST LOOK AT WHATEVER SPECIES THEY'RE CLAIMING THERE, AND THEN THEY DO THE EVALUATION. THAT'S THE LIMIT OF MY KNOWLEDGE ON THAT. YEAH, I JUST, I JUST WONDERED IF THERE WAS SOMETHING IN SORT OF THAT PRE-DEVELOPMENT MEETING THAT COMES UP WHERE, YOU KNOW, YOU'D HAVE TO HAVE VERIFIABLE FACT. IT LOOKS LIKE THE US FISH AND WILDLIFE SERVICE IS RESPONSIBLE FOR COMING IN AND LOOKING AT THESE THINGS, AND I'VE NEVER HEARD OF THAT HAPPENING. YEAH, I JUST KNEW IT WAS THE HABITATION. I REMEMBER WE RAN INTO THAT ISSUE. IT WAS A BIRD THAT MIGRATED THROUGH THE SOUTHERN PART OF SALT LAKE

[01:15:02]

VALLEY. SO YEAH, YEAH, IT'S WEIRD BECAUSE THE RESEARCH THAT I CAN FIND SAYS THAT YES, YOU HAVE TO PROTECT THE HABITATS, BUT IT DOESN'T REALLY SAY WHAT TRIGGERS AN ENVIRONMENTAL SURVEY OR TRIGGERS HAVING TO PROTECT THE HABITATS. YEAH. SO DURING YOU MAKE A GREAT POINT, COUNCILMEMBER AT PRE-DEVELOPMENT, WE WOULD JUST MAKE SURE THEY DOUBLE CHECK THAT. OKAY. THANK YOU. COUNCILMEMBER THAT BRINGS UP ANOTHER QUESTION. I'M SORRY. SO CAN THAT BE AUTOMATIC KIND OF COMING FORWARD FROM WHAT WAS PRESENTED IN THE PACKET AND WHAT WAS PRESENTED TO THE PLANNING COMMISSION, THAT SOMEONE BELIEVES THAT THERE IS AN ENDANGERED SPECIES SITUATION. SO THAT JUST CLICKS RIGHT AWAY INTO SOMETHING THAT COMES UP AT PLANNING PRE-DEVELOPMENT. IN OTHER WORDS, INSTEAD OF HAVING THIS PERSON HAVING TO BRING IT FORWARD AGAIN, IS IT ALREADY ENOUGH IN THE RECORD THAT COMMUNITY DEVELOPMENT SERVICES WOULD RECOGNIZE IT IN THE PRE-DEVELOPMENT MEETING? OH, THAT'S A GOOD QUESTION. I DON'T KNOW IF I KNOW THE ANSWER TO THAT QUESTION. I MEAN, FOR MEDIATION FOR AN ENDANGERED SPECIES. NO. FOR INVESTIGATING WHETHER THERE IS INDEED AN ENDANGERED SPECIES SITUATION ON THIS PLANET. I DON'T KNOW IF I KNOW THE ANSWER TO THAT. I WOULD JUST SAY WE WOULD WE WOULD REQUEST IT AT THE TIME OF PRE-DEVELOPMENT, AND THEN TO HAVE THEM LOOK INTO IT AND MAKE SURE THAT IT'S OKAY. I DON'T KNOW IF THAT'S A GOOD ENOUGH ANSWER FOR WHAT YOU'RE ASKING.

YEAH, I GUESS I'M TAKING THE PERSON'S TESTIMONY ON WHAT'S IN THE PACKET SERIOUSLY ENOUGH TO SAY MAYBE THEY HAVE A POINT AND ADD IT TO THE CHECKLIST WHEN THIS COMES TO PRE-DEVELOPMENT.

OH YEAH, WE NEED TO DO THAT. YEAH, WE WE WOULD JUST BRING IT UP TO THEM. AMONGST THE OTHER THINGS THAT WE BRING UP. WE YOU MAKE ME THINK OF THAT CHECKLIST BECAUSE I DON'T THINK WE HAVE THE ENDANGERED SPECIES ACT ON IT. SO THIS WOULD BE DUE TO THIS. YEAH, THIS WOULD BE VERY AND REALIZED TOO, A LOT OF PEOPLE MAKE REQUESTS THAT A SPECIES IS ENDANGERED. AND IT'S ACTUALLY NOT ON THE LIST. IT'S VERY COMMON, BUT IT BUT THERE'S YEAH, I'M SPEAKING A LITTLE BIT BEYOND MY EXPERTISE ON WHAT'S ENDANGERED AND WHAT'S NOT. SO TO FOLLOW UP ON THAT, DO OTHER ENVIRONMENTAL ISSUES COME UP AT THAT TIME? YES. SO THOSE THOSE WILL GET WHEN YOU'RE TALKING ABOUT SLOPE ISSUES, WETLAND ISSUES, ALL THOSE THINGS ARE LOOKED AT THROUGH OUR REVIEW PROCESS. THIS WOULD FIT IN THE DOVETAIL IN WITH THAT PRETTY WELL. YEAH. OKAY. I WOULD LIKE YOUR THOUGHTS ON THERE WERE THERE WERE A COUPLE OF COMMENTS ABOUT LOSS OF AGRICULTURAL LAND.

AND I'M TRYING TO RACK MY BRAIN AND THINK OF A 38 ACRE PARCEL THAT'S WITHIN THE CITY LIMITS OF THE CITY OF IDAHO FALLS. YEAH, THAT'S A GOOD QUESTION. I DON'T THINK THERE IS ONE. I THINK THE LAST ONE WAS THE PROPERTY BEHIND HOME DEPOT THAT WAS ANNEXED. AND THE PROPERTY ADJACENT IS QUITE TO THIS SUBDIVISION OR ANNEXATION REQUEST IS QUITE LARGE AS WELL.

THAT'S A VERY GOOD GOOD POINT. MAYBE SOMETHING ELSE TO THINK ABOUT WHEN WE ANALYZE THE AREA OF IMPACT. SO THIS IS THE BOUNDARY JUST FOR THE PUBLIC OF OUR ANNEXATION GROWTH. I GUESS THE WHOLE FOCUS OF THAT IS ACTUALLY TO CREATE THAT BOUNDARY TO MAKE SURE THE URBAN DEVELOPMENT IS IN IDAHO, FALLS WITHIN OUR BOUNDARY OR CLOSE TO IT OR ADJACENT TO IT. AND THE PRESERVATION OF FARMLAND IS ACTUALLY OCCURRING OUTSIDE OF THAT, SO THAT THE COUNTY, IN ESSENCE, HAS THAT COUNTY FEEL AND THE CITY HAS THE CITY FEEL. I DON'T KNOW IF THAT ANSWERS YOUR QUESTION WELL, BUT YEAH, IT WAS JUST A COMMENT. I GUESS THAT, YOU KNOW, YOU'RE NOT GOING TO FIND ANOTHER PARCEL THIS CLOSE TO THE CITY THIS SIZE. I WOULDN'T THINK, YOU KNOW, THE PROPERTY THAT'S TO THE NORTH AND EAST OF IT IS YOU SAY IT'S COUNTY PROPERTY, BUT IT'S ALSO URBANIZED PROPERTY. AND SO IT DOES FIT IN THE AREA. OKAY. THANK YOU. YEAH.

COUNCILORS, ANYONE? ANY ANY FURTHER QUESTIONS FOR THE. OKAY. WE WILL. YES. JUST BECAUSE ADDITIONAL INFORMATION IS COMING FORWARD. THAT WASN'T IN THE ORIGINAL APPLICANTS TESTIMONY. I DID SEE SOMEBODY'S HAND COME UP DURING THIS SECOND PORTION. IF WE COULD JUST ALLOW THE PUBLIC, IF JUST IN CASE SOMEBODY WHO ORIGINALLY DIDN'T WANT TO COMMENT, BUT NOW MAY WANT TO COMMENT ON THIS SPECIFIC ISSUE, IF WE COULD JUST OPEN IT BACK UP TO. SURE.

YEAH. THAT WOULD. THANK YOU. COUNCIL. IS THERE ANYONE FROM THE PUBLIC THAT WOULD LIKE TO NOW COMMENT CONCERNING THIS PART OF THE TESTIMONY THAT WAS OFFERED? THANK YOU, MAYOR AND COUNCIL. I HAVE THE ANSWER TO THAT QUESTION ON MIGRATORY BECAUSE AND I'LL REFERENCE IT IN MY. THREE MINUTES LATER, BUT I CONTACTED THE MIGRATORY BIRD PEOPLE CONCERNING OUR LOFT BEHIND OUR PROPERTY. NOW TAKE A MINUTE AND READ THIS AND THIS WILL ANSWER ALL YOUR QUESTIONS.

[01:20:01]

THE US FISH AND WILDLIFE SERVICE AND THIS IS FROM THEM, THE US FISH AND WILDLIFE SERVICE FREQUENTLY RECEIVES INQUIRIES FROM INDIVIDUALS OR ORGANIZATIONS CONDUCTING CONSTRUCTION, VEGETATION CLEANING, BUILDING MAINTENANCE OR SIMILAR ACTIVITIES, ASKING WHETHER THESE ACTIONS ARE LEGAL UNDER THE MIGRATORY BIRD ACT OR IF A PERMIT IS REQUIRED. THE MIGRATORY BIRD TREATY ACT AUTHORIZATION IS NOT REQUIRED FOR INCIDENTAL TAKE MIGRATORY BIRDS BECAUSE THE MBTA. THAT'S THE ACRONYM PROHIBITION ON PURSUING, HUNTING, TAKING, TAKING, CAPTURING, KILLING, OR ATTEMPTING TO DO THE SAME APPLIES ONLY TO DIRECT AND AFFIRMATIVE, PURPOSEFUL ACTIONS. NOW, THE MBTA DOES NOT PROHIBIT INCIDENTAL TAPE THAT RESULTS FROM OTHERWISE LAWFUL ACTIVITIES, PROVIDED THE ACTION DOES NOT. A DIRECT AND PURPOSEFUL ATTEMPT TO TAKE MIGRATORY BIRDS, THEIR NESTS OR EGGS. ADDITIONAL AUTHORIZATION AUTHORIZATION IS REQUIRED FOR BALD EAGLES, GOLDEN EAGLES AND OTHER SPECIES. I THINK MICHELLE WAS LOOKING AT THAT. THE THE UNITED STATES FISH WILDLIFE SERVICE IS STRONGLY ENCOURAGES IMPLEMENTING BEST PRACTICES TO AVOID OR MINIMIZE IMPACTS TO MIGRATORY BIRDS, NESTS AND EGGS WHENEVER POSSIBLE, AND THEIR RECOMMENDATION IS 50 TO 100FT DURING THAT NESTING TIME FRAME.

WHEN THEY'RE NOT NESTING, IT'S FREE. IT'S OKAY. SO THAT THAT IS FROM THAT. THANK YOU, MR. RUDNICK. WE DO APPRECIATE YOUR TESTIMONY. I WILL ADDRESS THIS LATER. YOU WILL ADDRESS THIS OTHER. THERE WILL STILL BE TIME. YEAH. OKAY. WE'LL. OKAY. ANY ANYONE ELSE WHO WOULD LIKE TO ADDRESS COUNCIL ON THIS ISSUE? OKAY. WE WILL CLOSE THE HEARING NOW AND ALLOW COUNCIL TO DEBATE AND THEN CONSIDER A MOTION ON THIS ISSUE. WELL, YES, I AM SUPPORTIVE AND THAT IS YOU CAN TELL BY MY QUESTION. I'M TRYING TO ADDRESS THE ISSUES THAT CAME UP IN THE PLANNING AND ZONING COMMISSION MEETING AND RECOGNIZE THOSE PEOPLE HAVE ISSUES THAT AFFECT THEM DIRECTLY, AND IT'S STILL. R1 IS LESS DENSE THAN SOME OF THE OTHER THINGS WE'VE DONE. SO IT'S NEEDS SOME OF THE NEEDS OF THE COMMUNITY, BUT IT MAKES SENSE. THAT'S ALL THERE IS TO IT. I DON'T LIKE URBAN SPRAWL INTO ALL THIS GOOD FARMLAND, BUT PROPERTY OWNERS HAVE RIGHTS ALSO. SO I WILL BE SUPPORTIVE OF THIS AND I WILL MAKE READY FOR A MOTION LATER. ANY FURTHER DISCUSSION FROM COUNCIL? OKAY, I THINK WE'RE READY FOR A MOTION. THEN I MOVE COUNCIL, APPROVE THE ORDINANCE ANNEXING APPROXIMATELY 38.305 ACRES IN THE SOUTH HALF SECTION OF OF SECTION SIX AND THE SOUTHWEST QUARTER OF SECTION FIVE AND THE NORTH HALF OF SECTION SEVEN.

TOWNSHIP ONE. NORTH RANGE 38 EAST. ASSIGN A COMPREHENSIVE PLAN DESIGNATION OF TRANSECT OF SUBURBAN AND MIXED USE CENTERS AND CORRIDORS AND UNDER THE SUSPENSION OF THE RULES, REQUIRE THREE COMPLETE AND SEPARATE READINGS. REQUEST TO BE READ BY TITLE AND PUBLISHED BY SUMMARY. SECOND. PLEASE. YES. YES. FREEMAN. YES. FRANCIS I, BRADFORD. I MOTION CARRIES OKAY.

AND ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO. A MUNICIPAL CORPORATION OF THE STATE OF IDAHO PROVIDING FOR THE ANNEXATION OF APPROXIMATELY 38.305 ACRES DESCRIBED IN EXHIBIT A OF THIS ORDINANCE AMENDING THE LEGAL DESCRIPTION OF THE CITY WITH THE APPROPRIATE COUNTY AND STATE AUTHORITIES, AND PROVIDING FOR ABILITY. PUBLICATION BY SUMMARY AND ESTABLISHING EFFECTIVE DATE. OKAY, THANKS. I MOVE COUNCIL APPROVE THE RECENT STATEMENT OF RELEVANT CRITERIA AND STANDARDS FOR THE ANNEXATION OF APPROXIMATELY 38.305 ACRES IN THE SOUTH HALF. SECTION SIX IN THE SOUTHWEST QUARTER, SECTION FIVE, AND THE NORTH HALF OF SECTION SEVEN. TOWNSHIP ONE, NORTH RANGE 38 EAST AND GIVE AUTHORIZATION FOR THE MAYOR TO EXECUTE THE NECESSARY DOCUMENTS. SECOND. YES, FRANCIS A FREEMAN. YES. LEE. YES. BRADFORD. AYE.

[01:25:01]

MOTION CARRIES. OKAY. TO OUR NEXT I MOVE COUNCIL APPROVE THE ORDINANCE ESTABLISHING THE INITIAL ZONING OF R-1 SINGLE DWELLING RESIDENTIAL, AS SHOWN IN THE ORDINANCE EXHIBITS UNDER A SUSPENSION OF THE RULES REQUIRING THREE COMPLETE AND SEPARATE READINGS AND REQUESTS TO BE READ BY TITLE AND PUBLISHED BY SUMMARY THAT THE CITY LIMIT DOCUMENTS BE AMENDED TO INCLUDE THE AREA ANNEXED HEREWITH, AND THAT THE CITY PLANNER BE INSTRUCTED TO REFLECT SAID ANNEXATION AMENDMENT TO THE COMPREHENSIVE PLAN AND THE INITIAL ZONING ON THE COMPREHENSIVE PLAN AND ZONING MAPS LOCATED IN THE PLANNING OFFICE. SECOND. LEE.

YES. YES. FRANCIS I BRADFORD A. FREEMAN. YES. MOTION CARRIES AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO IN MUNICIPAL CORPORATION OF THE STATE OF IDAHO, PROVIDING FOR THE INITIAL ZONING OF APPROXIMATELY 38.305 ACRES DESCRIBED IN EXHIBIT A OF THIS ORDINANCE AS R ONE SINGLE DWELLING RESIDENTIAL ZONE AND PROVIDING SEVERABILITY PUBLICATION BY SUMMARY AND ESTABLISHING EFFECTIVE DATE. THANK YOU. I MOVE COUNCIL APPROVE THE REINSTATEMENT OF RELEVANT CRITERIA AND STANDARDS FOR THE INITIAL ZONING OF R-1 SINGLE DWELLING RESIDENTIAL, AND GIVE AUTHORIZATION FOR THE MAYOR TO EXECUTE THE NECESSARY DOCUMENTS.

SECOND. LEE. YES. KINGMAN. YES. FRANCIS A FREEMAN. YES. BRADFORD. A MOTION CARRIES.

[5.E.2) Quasi-Judicial Public Hearing – Request for Reconsideration of the decision to deny the application for the Planned Unit Development, PUD25-002, for Willows Place Townhomes for the property located at 1080 S Bellin Road.]

OKAY. OUR LAST ITEM TONIGHT IS GOING TO BE THE QUASI JUDICIAL PUBLIC HEARING REQUEST FOR RECONSIDERATION OF THE DECISION TO DENY THE APPLICATION FOR THE PLANNED UNIT DEVELOPMENT FOR THE WILLOWS PLACE TOWNHOMES FOR THE PROPERTY LOCATED AT 1080 SOUTH ROAD. AND I AM GOING TO DECLARE THE HEARING OPEN. AND I'M GOING TO ASK OUR ATTORNEY TO LEAD US THROUGH THIS RECONSIDERATION, JUST TO MAKE SURE THAT WE DO EVERYTHING PROPERLY. I MY ASSUMPTION IS THAT IT IS JUST THE SAME AS A REGULAR QUASI JUDICIAL HEARING, AND THAT WE WOULD ASK THE APPLICANT, THE APPLICANT WHO IS ASKING US TO RECONSIDER, TO COME FORWARD. GOOD EVENING. MY NAME IS RYAN SINGLETON FROM MOUNTAIN WEST ENGINEERING. AND I RESIDE AT 1925 NORTH BRAMBLE LANE, IDAHO FALLS, IDAHO. I WOULD JUST LIKE TO FIRST EXPRESS THAT MY PURPOSE TONIGHT IS TWOFOLD. I WOULD LIKE TO DISCUSS A FEW OF THE ANCILLARY ITEMS AND CONCERNS THAT FORM PORTIONS OF THE BASIS FOR THIS REQUEST FOR CONSIDERATION, AND THEN I WOULD LIKE TO PRESENT THE ACTUAL LEGAL CONCERNS WE HAVE THAT ARE THE MAJORITY OF THE BASIS OF OF OUR REQUEST FOR CONSIDERATION, FOR CONSIDERATION. CONSIDERATION. I'D LIKE TO START BY JUST TAKING THE OPPORTUNITY TO THANK BOTH THE PUBLIC AND THE CITY COUNCIL FOR THIS TIME. I KNOW THAT THIS CIVIC PROCESS IS VALUABLE, AND IT'S WHAT LEADS TO WORKING AS A COMMUNITY TO MAKE THINGS BETTER. SO FIRST, I KIND OF WANT TO TALK ABOUT SOME OF THE THE ANCILLARY ISSUES AND THE MAJOR CONCERNS THAT THE DEVELOPMENT TEAM HAS ABOUT THE DENIAL. AND FEBRUARY 1ST I WANT TO TALK ABOUT AND IF I CAN EXPRESS AND SUMMARIZE THE THE DUE DILIGENCE EFFORT THAT HAS ALREADY BEEN PUT FORTH TO THIS POINT. OKAY. WE HAVE BEEN WORKING TIRELESSLY WITH THE CITY TO BRING THIS POD, BUT ALSO TO PROVIDE A NEIGHBORING PARCEL. AMAZING BENEFITS. AND THIS IS SOMETHING THAT WE WEREN'T ABLE TO SPEAK TO DURING THE ORIGINAL POD, BUT WE FEEL THAT IT IS VERY VALUABLE IN FRAMING THE REASONS WHY. WE FEEL THAT OUR GOOD FAITH EFFORT NEEDS TO BE TAKEN INTO CONSIDERATION WHEN LOOKING AT THIS POD. SO DIRECTLY TO THE EAST, THERE IS A CHURCH. OKAY, THAT CHURCH WAS CURRENTLY OUT OF COMPLIANCE. IT HAD A PARKING LOT THAT WAS DETERIORATING. IT DID NOT HAVE ENOUGH PARKING. IT DID NOT HAVE ENOUGH LANDSCAPE TO MEET ITS LANDSCAPE REQUIREMENTS. IT WAS OUT OF COMPLIANCE. AND IN PART OF THIS PROCESS, WE HAVE THE DEVELOPMENT TEAM TOOK IT UPON THEMSELVES TO NOT ONLY DESIGN A

[01:30:01]

FULL SITE PLAN THAT BRINGS THAT NEIGHBORING PARCEL INTO COMPLIANCE, BUT WE ARE WORKING THAT CONSTRUCTION COST INTO THE COST OF OUR PRODUCT. OKAY. AND WHEN IT WAS BROUGHT UP THAT THERE IS NO BENEFIT. WELL, I WANT YOU TO CONSIDER THE BENEFIT THAT WE ARE PROVIDING TO THE CHURCH ITSELF. OKAY? WE ARE WE ARE HELPING OUR NEIGHBORS. WE ARE HELPING THAT INDIVIDUAL WITH SOMETHING THAT THEY POTENTIALLY MIGHT NOT HAVE THE FINANCES TO DO. OKAY. AND IN THIS PROJECT, AND NOT ONLY HAVE WE GOT A FULLY APPROVED SITE PLAN THAT NOW BRINGS THEIR SITE INTO COMPLIANCE, BUT WE'VE ALL WE'VE ALSO IN THAT PROCESS, WE'VE GIVEN THE CITY RIGHT AWAY IN ORDER FOR THEM TO CONTINUE THE BELT AND ROAD EXPANSION. OKAY, SO THIS IS SIMPLY NOT JUST THE POD THAT WILL BE BENEFITING. THIS IS NOT SIMPLY THOSE THAT ARE LOOKING FOR INVESTMENT OPPORTUNITIES OR LOOKING FOR FIRST TIME HOME OWNERSHIP OPPORTUNITIES. THERE ARE A LOT OF BENEFITS THAT NEED TO BE TAKEN INTO CONSIDERATION. WHEN YOU LOOK AT THE JUSTIFICATION FOR THIS REQUEST FOR RECONSIDERATION. SECONDLY. WE WANT TO TALK ABOUT THE NEED FOR INFILL. OKAY. AND THE VEHICLE THAT WE HAVE BEEN PRESENTED IN ORDER TO ACCOMPLISH THIS. OKAY. THE POD AND ITS VARIABILITY, OKAY. IN SETBACKS IN IN BUILDING DENSITY.

AND THE POD IS THE EXACT VEHICLE THAT PROVIDES THE AVENUE FOR INFILL DEVELOPMENT.

OKAY. THERE IS NOTHING WITHIN YOUR CODE THAT FITS MORE CLOSELY TO WHAT WE ARE TRYING TO DO DURING OUR INFILL APPROACH. OKAY, MY QUESTION MIGHT RHETORICAL QUESTION TO BOTH THE COUNCIL AND TO THOSE IN ATTENDANCE. IF THE POD WAS NOT MEANT FOR PROJECTS SPECIFICALLY LIKE THIS, THAN WHAT WAS IT MEANT FOR? IF WE DO NOT HAVE AN AVENUE TO WORK ON INFILL AND BRING PROJECTS INTO THESE RELATIVELY UNDEVELOPED AREAS OF WHAT DO WE DO? HOW DO WE CONSERVE THE PROPERTY RIGHTS OF THOSE INDIVIDUALS THAT ARE LOOKING TO DO SOMETHING WITH LAND THAT, FOR ALL INTENTS AND PURPOSES, IS UNDEVELOPABLE BY THE STANDARD CODE? OKAY. AND THE DEVELOPMENT GROUP REALLY WANTS TO STRESS THE FACT THAT THIS PROJECT IS A PRIME EXAMPLE OF WHAT A POD IS MEANT TO DO. OKAY. AND THEN ALSO, WE REALLY WANT TO TALK ABOUT. THE PROCESS IN WHICH IT WAS DENIED. OKAY. AND AS A DEVELOPER, I FEEL THAT WE'RE ALL WORKING ON THE SAME TEAM. OUR JOB IS TO COME TO A PRODUCT THAT EVERYBODY ENJOYS. AND WE REALLY WANTED TO REITERATE AND POINT OUT THAT DURING THE FEBRUARY MEETING, AT NO TIME WAS ANY AVENUE OF APPROVAL PRESENTED. OKAY? IT WAS NEVER DISCUSSED WHAT COULD POTENTIALLY BE CHANGED IN ORDER TO RECEIVE ACCEPTANCE. OKAY. AND THAT IS A VITAL PART OF THE CITY COUNCIL'S JOB. AND IT IS FULLY UNDERSTANDABLE THAT A PRESENTATION MIGHT BE DENIED IN ITS CURRENT FORM. BUT PART OF THAT PROCESS IS PROVIDING WHAT WOULD NEED TO BE REQUIRED IN ORDER TO OBTAIN APPROVAL. THAT WAS COMPLETELY LACKING IN FEBRUARY'S MEETING. OKAY. WE WERE NOT GIVEN A, YOU KNOW, AN AVENUE OF APPROVAL. AND IF IF ANYONE KNOWS ANYTHING ABOUT THE PROCESS, WORKING WITH CITY STAFF, OKAY, WE RECEIVED CITY STAFF COMMENT AND CITY STAFF SUPPORT THROUGH THE ENTIRE PROJECT AND ANY CONCERN THAT WAS BROUGHT, IT WAS ADDRESSED AND IT WAS WITH THE CITY STAFF SUPPORT AND DIRECTION THAT WE CAME TO THE FINAL CITY COUNCIL MEETING AND WE RECEIVED NO DIRECTION, NO SUPPORT, NO AVENUE OF ACCEPTANCE. IT WAS JUST A SIMPLE NO. OKAY, THAT'S VERY CONCERNING TO THE DEVELOPMENT TEAM AND. THE QUESTION I'VE GOT IS, IS WERE YOU UNABLE. IT'S A RHETORICAL QUESTION TO SOMETHING TO THINK ABOUT IS WHERE YOU WENT ABLE.

OR WERE YOU UNWILLING TO PROVIDE THAT DIRECTION? OKAY. AND THE SECOND THING THAT I REALLY WANT TO TALK ABOUT, AND WHAT IS THE BULK OF THE NEED FOR THIS MEETING IS TO TALK ABOUT THE LEGAL CONCERNS WE HAVE WITH THE DENIAL. SO IN THAT, I WILL BE PRESENTING ORAL ARGUMENTS THAT COME DIRECTLY FROM OUR LEGAL COUNSEL. AND IT SAYS, GOOD EVENING, MAYOR AND MEMBERS OF THE COUNCIL. MY NAME IS RYAN SINGLETON, AND I REPRESENT BEAR HUNTER HOLDINGS,

[01:35:04]

LLC. OKAY. WE ARE HERE TO HONOR REQUEST FOR RECONSIDERATION UNDER IDAHO CODE SIX, SECTION 67 DASH 6535. AND WE ARE ASKING THAT THE COUNCIL TO REVERSE ITS FEBRUARY 12TH DECISION DENYING THE WILLOWS PLACE POD. AND I WANT TO BE VERY CLEAR AT THE OUTSET THAT THIS CASE IS NOT A CLOSED CASE UNDER IDAHO LAW, AND THE RECORD DOES NOT SUPPORT THE DENIAL. AND THE DECISION CANNOT BE SUSTAINED UNDER THE APPLICABLE STANDARD OF REVIEW. NOW, HERE ARE SEVEN STANDARDS IN WHICH OUR LEGAL COUNSEL FEELS THAT IT CANNOT BE SUSTAINED. ONE THE LEGAL STANDARD. OKAY. UNDER IDAHO CODE, THIS DECISION MUST BE REVERSED IF IT IS ARBITRARY, CAPRICIOUS OR AN ABUSE OF DISCRETION. THAT STANDARD IS NOT ABSTRACT. IT REQUIRES THE COUNCIL TO APPLY THE GOVERNING ORDINANCE AS WRITTEN, TO USE CONSISTENT AND IDENTIFIABLE STANDARDS, AND REACH A DECISION GROUNDED IN FACTS OF THE RECORD. THOSE THINGS DID NOT OCCUR. THE DECISION CANNOT STAND. SECOND. OKAY, THE STATED REASONS FOR DENIAL TO THE COUNCIL IDENTIFIED TWO REASONS FOR DENYING THE APPLICATION. ONE, THAT THIS PROJECT IS UNDER TWO ACRES, AND TWO, THE STREETSCAPE WOULD BE DOMINATED BY GARAGES AND PARKED VEHICLES. AS I WILL DISCUSS, NEITHER OF THOSE REASONS PROVIDE A LEGALLY SUFFICIENT BASIS FOR DENIAL. IN THIS CASE. THREE THE ACREAGE ISSUE IN THE INCONSISTENT TREATMENT. SO THE ORDINANCE EXPRESSLY ALLOWS PUDS UNDER TWO ACRES WHERE THEIR PROPERTY IS REDEVELOPING OR PROVIDES A BENEFIT TO THE PUBLIC. SO THE QUESTION IS NOT WHETHER THE COUNCIL HAS DISCRETION, BECAUSE IT OBVIOUSLY DOES. OKAY. THE QUESTION IS WHETHER THAT DISCRETION WAS EXERCISED CONSISTENTLY AND IN ACCORDANCE WITH THE LAW HERE. IT DID NOT. SINCE 2020, THE COUNCIL HAS APPROVED EVERY PUD APPLICATION BEFORE IT, 22 OUT OF 22. OKAY, INCLUDING FOR PUDS UNDER TWO ACRES. THERE IS NO RECORD OF THE COUNCIL DENYING ANY OTHER PUD APPLICATIONS UNDER TWO ACRES. IN THE PAST FIVE YEARS. THIS APPLICATION WAS SIMPLY TREATED DIFFERENTLY, AND IT WAS DONE WITHOUT IDENTIFYING A DISTINGUISHING STANDARD. OKAY, A MATERIAL FACTUAL DIFFERENCE OR ANY PRINCIPLE THAT EXPLAINS THE DIFFERENT OUTCOME AND THE ABSENCE OF THAT MATTERS.

BECAUSE WHEN SIMILARLY SITUATED APPLICATIONS ARE TREATED DIFFERENTLY WITHOUT EXPLANATION, THE DEFINITION THAT DECISION IS BY DEFINITION ARBITRARY. HERE THE COUNCIL SIMPLY STATED OKAY IN THE EXERCISE OF ITS DISCRETION, COUNCIL DENIES THE PROPOSED PUD BECAUSE THE AREA OF THE PROPOSED PUD IS UNDER TWO ACRES. OKAY, THAT DECISION CAN BE FOUND IN SECTION TWO, SUBSECTION SIX. OKAY. THE COUNCIL OFFERED NO EXPLANATION AS TO WHY IT APPROVED EVERY OTHER PUD. PUD APPLICATION UNDER TWO ACRES, BUT DENIED THIS APPLICATION. OKAY, THIS IS BY DEFINITION, AN ABUSE OF DISCRETION BY TREATING SIMILAR APPLICATIONS DIFFERENTLY WITHOUT ANY RATIONAL BASIS. OKAY. ANY EXERCISE OF DISCRETION MUST BE REASONABLE, AND THERE IS NO REASON OFFERED HERE. THE COUNCIL CONTINUED ITS DECISION BY STATING ALTERNATIVE REASONS FOR DENYING THE APPLICATION. OKAY, I WILL NOW REVIEW THOSE REASONS AND DISCUSS THE STANDARDS THAT THE COUNCIL IGNORED. SO THE REDEVELOPMENT FINDING. SO THE COUNCIL REJECTED THE APPLICATION BY FINDING THE PROPERTY IS NOT REDEVELOPMENT.

WHILE THE LAYPERSON'S DEFINITION OF REDEVELOPING MAY SUGGEST A PROPERTY THAT IS ALREADY BEEN DEVELOPED AND IS NOW BEING RENOVATED OR FURTHER DEVELOPED, BUT THAT IS NOT THE

[01:40:03]

CASE HERE. OKAY, THE CITY CODE EXPRESSLY DEFINES THE TERM, AND THIS PROJECT FITS SQUARELY WITHIN IT. A REDEVELOPING PROPERTY IS A PARCEL OF LAND THAT HAS BEEN PREVIOUSLY DEVELOPED OR SUBDIVIDED, AND TO WHICH MUNICIPAL WATER, SEWER POWER, POLICE, FIRE AND OTHER SERVICES ARE ALREADY AVAILABLE BUT HAS NEVER BEEN BUILT UPON AND OR WHERE A NEW BUILDING OR INFRASTRUCTURE OR OTHER DEVELOPMENT ACTIVITY IS INTENDED TO TAKE PLACE. OKAY, THAT CAN BE FOUND IN CITY CODE. CHAPTER 11, SECTION SEVEN, SUBSECTION ONE. OKAY. SIMPLY PUT, THIS PROJECT AT ITS CORE IS THE EPITOME OF RE REDEVELOPMENT. IF AND THOSE THAT ARE IN ATTENDANCE CAN ATTEST, OKAY, THAT IT WAS PART OF THE PLAT. SO OUR PUD CONTAINS PORTIONS OF LOTS AND ENTIRE LOTS OF AN EXISTING A PLANT THAT HAS BEEN IN AND RECORDED FOR 50 YEARS. SO THE LOTS AND PORTIONS OF LOTS THAT WE ARE PROPOSING TO BRING INTO THIS PUD HAVE SAT COMPLETELY VACANT, COMPLETELY UNUSED FOR 50 YEARS. BUT THEY HAVE BEEN PLANTED. OKAY. THIS PROJECT IS THE QUINTESSENTIAL DEFINITION OF REDEVELOPMENT. SO BY THAT AND THAT ALONE, THE COUNCIL SHOULD CONSIDER IT. COULD THE COUNCIL'S DECISION OFFERS NO FACTUAL FINDINGS THAT OUR PROPERTY IS NOT REDEVELOPING. OKAY. A CONCLUSIVE STATEMENT WITHOUT SUPPORTING FINDINGS IS NOT A DEFENSIBLE EXERCISE OF DISCRETION. OKAY. THE ARBITRARY 200 FOOT STANDARD THAT THE COUNCIL ACKNOWLEDGED THAT THIS PROJECT PROVIDES PUBLIC AMENITIES AND THAT THEY WOULD BE, IN FACT, OPEN TO THE PUBLIC. BUT THEN THEY DID. THEN THEY DENIED THE APPLICATION BY INVENTING A 200 FOOT PROXIMITY. OKAY. A REQUIREMENT THAT DOES NOT APPEAR ANYWHERE IN THE CITY CODE OR ADOPTED REGULATIONS. SO DECISIONS MUST BE BASED ON EXISTING STANDARDS, NOT STANDARDS CREATED DURING DELIBERATION. OKAY. THE SUFFICIENCY REQUIREMENT THAT THE COUNCIL ALSO TRIED TO DISCOUNT THE PUBLIC AMENITIES OFFERED IN THIS PUD BY SAYING THOSE AMENITIES WERE NOT CONSIDERED SUFFICIENT. AGAIN, THAT IS NOT A STANDARD IN THE ORDINANCE. IN FACT, THE ONLY OBJECTIVE STANDARD OF SUFFICIENCY IN THE ORDINANCE REQUIRES ONE AMENITY PER 50 UNITS, AND THIS PROJECT PROVIDES TWO AMENITIES FOR 14 UNITS WELL IN EXCESS OF THE REQUIREMENT. IMPOSING A NEW UNIDENTIFIED THRESHOLD AFTER THE FACT IS NOT CONSISTENT WITH THE GOVERNING LAW. SEVEN.

SELECTIVE USE OF OF PUD INTENTS AS ONE LAST REASON FOR DENIAL. THE COUNCIL'S DECISION RELIES HEAVILY ON ONE STATED INTENT OF THE PUD ORDINANCE REGARDING STREETSCAPE CHARACTER, BUT THE ORDINANCE INCLUDES MULTIPLE INTENTS AND THIS PROJECT SATISFIES THE VAST MAJORITY OF THOSE INTENTS. OKAY. A DECISION THAT ISOLATES ONE FACTOR. WHILE DISREGARDING THE REST WITHOUT ANY EXPLANATION AT ALL, IS NOT A BALANCED OR REASONED ANALYSIS. OKAY, THE CORE ISSUE WIN THE DECISION. WHEN THE COUNCIL'S DECISION IS VIEWED AS A WHOLE. THE CONCERNS ARE VERY CLEAR. NO CONSISTENT STANDARDS WERE APPLIED. NEW STANDARDS WERE INTRODUCED DURING THE DECISION MAKING PROCESS. PRIOR APPROVALS WERE NOT MEANINGFULLY DISTINGUISHED AND KEY CONCLUSIONS WERE NOT SUPPORTED BY THE FINDINGS OF FACT. THOSE ARE EXACTLY THE CIRCUMSTANCES UNDER WHICH IDAHO LAW REQUIRES A REVERSAL. OKAY, SO OUR REQUEST AND OUR PRESERVATION OF RIGHTS. FOR THESE REASONS, WE RESPECTFULLY REQUEST THAT THE COUNCIL CONSIDER AND APPROVE

[01:45:06]

THE WILLOW PLACE PUD. AND AT THE SAME TIME, WE WANT TO BE VERY CLEAR FOR THE RECORD, THAT WE HAVE PRESENTED SUBSTANTIAL EVIDENCE IN SUPPORT OF THE APPLICATION AND ARE ENTITLED TO A DECISION THAT COMPLIES WITH IDAHO LAW AND THE CITY'S OWN ORDINANCES. IF THE DECISION IS NOT CORRECTED AT THIS STAGE, THE APPLICANT WILL NEED TO EVALUATE ALL ADDITIONAL REMEDIES, INCLUDING JUDICIAL REVIEW. OKAY. BASED ON THE RECORD, AS IT STANDS, OUR PREFERENCE IS TO RESOLVE THIS HERE CONSISTENT WITH THE GOVERNING STANDARDS, WITHOUT THE NEED FOR FURTHER PROCEEDINGS. AND THANK YOU FOR YOUR TIME AND YOUR CONSIDERATION. THANK YOU. THANK YOU VERY MUCH. OKAY. DOES ANYONE HAVE ANY QUESTIONS THEN FOR OUR APPLICANT FOR THE RECONSIDERATION? LOOKS LIKE WE DON'T HAVE ANY. DO YOU HAVE ONE AT THIS TIME OR WOULD LIKE TO RESERVE THE RIGHT TO HAVE THEM COME BACK? OKAY. OKAY. ALL RIGHT. THANK YOU SO MUCH. VERY MUCH. DIRECTOR, WILL YOU PLEASE COME AND ADDRESS THE COUNCIL? SORRY. THANK YOU. MAYOR AND COUNCIL. I DO HAVE A BIT OF A PRESENTATION HERE TO. AS THE APPLICANT, I WILL SKIP ONE OF MY SLIDES JUST BECAUSE IT GOES. IT TALKS A LITTLE BIT ABOUT THE OBJECTIONS THAT THE APPLICANT HAS, AND HE HAS CLEARLY STATED THEM. WHERE THIS RECONSIDERATION JUST FOR THE PUBLIC, IT COMES FROM AND ACTUALLY COMES FROM STATE STATUTE, AND THAT THERE IS AN OPPORTUNITY FOR THE APPLICANT TO SEEK RECONSIDERATION ON A LAND USE DECISION THAT MUST BE FILED WITHIN 14 DAYS OF A WRITTEN REASON STATEMENT. I'LL GO THROUGH THIS TIMELINE IN A BIT. IF A WRITTEN DECISION, THE MAIN PARTS THAT I'M HIGHLIGHTING ARE THESE UNDERLYING PORTIONS, BASICALLY THAT THEY. WITHIN THE RECENT STATEMENT, WE HAVE TO GENERATE THAT AS A CITY COUNCIL, WHICH WE DID. THEN THEY HAVE THE OPPORTUNITY TO REQUEST A RECONSIDERATION WITHIN 14 DAYS OF THE ADOPTION OF THAT RECENT STATEMENT. FURTHER, A WRITTEN DECISION SHALL BE PROVIDED FOR THE APPLICANT OR AFFECTED PERSON WITHIN 60 DAYS OF RECEIPT OF THE REQUEST FOR RECONSIDERATION, OR THE REQUEST IS DEEMED DENIED BY THE GOVERNING AUTHORITY. SO JUST BE COGNIZANT OF THAT. WE DO HAVE A 60 DAY TIMELINE THAT WE HAVE TO PROVIDE THE APPLICANT THE DECISION. SO JUST TO GIVE YOU A LITTLE BIT OF A TIMELINE HERE, THIS PROPERTY WAS PLATTED ON JULY 25TH OF 1979. IT WAS ANNEXED INTO THE CITY IN OCTOBER OF 1979, AND A CONDITIONAL USE WAS GRANTED FOR THE CHURCH IN 1981. THE CONDITIONAL USE PERMIT AND THE CHURCH BASICALLY SAT THERE FOR A PERIOD OF TIME UNTIL THE APPLICANT PULLED THE APPLICATION IN AUGUST OF 2025.

SO THE PROPERTY HAD REMAINED VACANT FOR ROUGHLY 40 YEARS. THE APPLICANT DID HOLD A NEIGHBORHOOD MEETING THAT WENT TO PLANNING COMMISSION ON OCTOBER 7TH. THE PLANNING COMMISSION RULED THEY SENT A POSITIVE RECOMMENDATION TO THE CITY COUNCIL. THAT RECOMMENDATION WAS 5 TO 1 AND IN SUPPORT OF THE APPLICATION. AND THEN THE CITY COUNCIL HEARD IT ON JANUARY 22ND OF 2026. THAT APPLICATION WAS DENIED AT THAT TIME. THE RECENT STATEMENT THEN WAS GENERATED AND APPROVED BY THE CITY COUNCIL ON FEBRUARY 12TH OF 2026. AT THAT TIME THAT KICKS IN, THAT 14 DAY THAT THE APPLICANT CAN REQUEST TO RECONSIDERATION. THEY DID THEY DID PUT IN THE REQUEST 14 DAYS LATER. SO THEY DID MEET THE DEADLINE TO REQUEST THAT RECONSIDERATION. AND THUS THAT BRINGS US TO TODAY. JUST VERY BRIEFLY. I KNOW WE'RE FAMILIAR WITH THE PROPERTY. THE PROPERTY IS LOCATED HERE IN RED. THE CHURCH THAT WAS DESCRIBED IS HERE TO THE EAST. WE'RE JUST WEST OF BELLAMY ROAD. THE PROPERTY IS CURRENTLY ZONED R1.

IT IS IN THE SUBURBAN TRANSECT AND THE R1 ZONE DOES FIT WITHIN THAT SUBURBAN TRANSECT JUST A LITTLE BIT. SO THIS IS THE PLANNED UNIT DEVELOPMENT THAT WAS REQUESTED AND DENIED AT THE TIME. THE REQUEST WAS FOR EIGHT UNITS PER ACRE. THIS DOES MEET THE 11 TWO FOUR. THEY ARE ALLOWED TO MAKE THAT REQUEST FOR A PUD. THERE WAS A VARIANCE FOR THE FRONT SETBACK FROM 25 TO 20FT, AND KEEP THE 25 FOOT REAR SETBACK FOR THE UNITS HERE ON THE LEFT. SO THEY HAD

[01:50:04]

REQUESTED A VARIANCE ON THE FRONT. THEY ALSO HAD REQUESTED A PRIVATE DRIVE OF 26FT. THAT'S THIS GRAY LINE RIGHT HERE. AND AS WAS STATED BY THE APPLICANT, THEY REQUIRED TO HAVE ONE AMENITY BECAUSE THEY'RE UNDER 50 UNITS. THEY DID. THEY DID REQUEST TWO AMENITIES A BASKETBALL COURT AND A PLAYGROUND. THIS IS SHOWING THE ELEVATIONS THAT WERE PRESENTED TO YOU AT THAT PUBLIC HEARING. AND THEN THESE ARE THE JUST THE LITTLE BIT OF SCHEMATICS ON THE LOWEST PLACE DENIAL SHOWING WHAT I JUST HAD ILLUSTRATED. I REALIZED THESE NEXT FEW, THESE NEXT FEW SLIDES ARE RATHER TEXT HEAVY. IT REMINDS ME OF SCHOOL. THEY ALWAYS SAID, DON'T KILL THEM WITH TEXTS AND I'M KIND OF KILLING YOU WITH TEXT, SO I APOLOGIZE. BUT THE REASON.

STATEMENT, I'LL JUST GO THROUGH THESE BULLET POINTS. I JUST WANTED THE PUBLIC TO BE ABLE TO SEE THEM, BUT I WILL ACTUALLY SUMMARIZE THEM. THE REASONING FOR DENIAL WAS THAT THE PROPOSAL WAS UNDER TWO ACRES. USING THIS CITY COUNCIL'S DISCRETION OF THE DEFINITION OF REDEVELOPING, THEY. THEY STATED THAT THIS WAS NOT A REDEVELOPING PARCEL AND THAT THE PUD ACREAGE WAS UNDER TWO ACRES. SPECIFICALLY, 1.815 ACRES. AGAIN, THIS IS JUST A CONTINUATION. THE CITY COUNCIL FOUND THAT IT IS NOT REDEVELOPING AND THEY ALSO CLASSIFIED THE AMENITIES AS NOT A CORE PUBLIC BENEFIT, MEANING IT WASN'T ACCESSIBLE TO THE OVERALL. THE GENERAL PUBLIC. OF THE COMMUNITY. FURTHER, THE REASONING THAT THEY GAVE WAS THAT THE PUD WAS DOMINATED BY PARKED CARS AND GARAGES AND DID NOT MEET THE INTENT OF THE PUD ORDINANCE, AND THUS DID NOT PROVIDE AN ATTRACTIVE STREET STREETSCAPE, WHICH IS REQUIRED FOR THE INTENT OF THE PUD ORDINANCE. SPECIFICALLY CITING THAT ZOE LANE WHICH WAS PRESENTED. I'LL SHOW YOU THE PUD WHAT THE. THEY WERE STATING THAT THE CITY COUNCIL WAS STATING THAT BECAUSE IT WAS DOMINATED BY PARKING ON THIS SIDE AND ALSO BECAUSE OF THE ELEVATIONS, THAT IT WAS DOMINATED WITH AN UNATTRACTIVE STREETSCAPE. I'LL SKIP THIS ONE BECAUSE THE APPLICANT WENT IN DEPTH ON WHAT THEIR VIEW WAS. THERE ARE TWO THINGS THAT WERE CALLED OUT IN THE APPLICANTS. I WILL ACTUALLY READ THESE NEXT THREE SLIDES BECAUSE THEY DEAL WITH DEFINITIONS FROM OUR DEVELOPMENT CODE. THE FIRST IS THE DEFINITION OF REDEVELOPING FOR OUR CITY CODE. IT SAYS A PARCEL OF LAND THAT HAS BEEN PREVIOUSLY DEVELOPED OR SUBDIVIDED, AND TO WHICH MUNICIPAL WATER, SEWER POWER, POLICE, FIRE AND OTHER SERVICES ARE ALREADY AVAILABLE. BUT THAT HAS NEVER BEEN BUILT UPON OR WHERE EXISTING BUILDINGS ARE VACANT OR UNDERUTILIZED, AND WHERE NEW BUILDING, BUILDING INFRASTRUCTURE OR OTHER DEVELOPMENT ACTIVITY IS INTENDED TO TAKE PLACE. IT INVOLVES GOAL SETTING, DATA ANALYSIS, FORECASTING DESIGN. ANYWAYS, LET'S SKIP THAT LAST PART. BUT IT BASICALLY DEFINES WHAT REDEVELOPING IS. I THINK THAT ACTUALLY LAST LINE IS IN HERE. I DON'T KNOW WHY THERE'S INVOLVE SOMETHING. THE AMENITY DEFINITION IS DEFINED AS AN AREA OF ACTIVITY, EITHER INDOOR OR OUTDOOR, DESIGNED TO BE ACCESSIBLE TO, AND PRINCIPALLY FOR THE USE OF PERSONS RESIDING OR WORKING WITHIN. THE DEVELOPMENT AND AMENITY MAY BE LOCATED WITHIN THE REQUIRED COMMON SPACE. FOR EXAMPLE, A PLAYGROUND PLACED WITHIN A COMMON YARD. AND THIS QUESTION DID COME UP ABOUT INFILL. INFILL IS DEFINED IN OUR ZONING CODE. IT SAYS DEVELOPMENT DESIGNED TO OCCUPY VACANT LAND THAT REMAINS AFTER THE MAJORITY OF DEVELOPMENT HAS OCCURRED IN AN AREA. SO THE APPLICANT DID BRING UP THE PURPOSE OF A PUD. NOT TO BELABOR THIS POINT, BUT THIS DIRECTLY COMES FROM OUR ZONING CODE. AND FORGIVE ME FOR READING SOME OF THIS. I JUST THINK IT'S IMPORTANT BECAUSE IT'S CALLED OUT IN THEIR IN THEIR OBJECTION TO THE RULING, AND I'M JUST PRESENTING THE CODE. THAT'S REALLY ALL I'M DOING. BUT THE PUD PURPOSE, THE PURPOSE OF THE PLANNED UNIT DEVELOPMENT REGULATIONS IS TO ALLOW FOR RESIDENTIAL AND LIMITED COMMERCIAL USES, OR A MIX OF RESIDENTIAL AND LIMITED COMMERCIAL USES IN AN OVERALL SITE DEVELOPMENT THAT MAY VARY FROM THE REQUIREMENTS OF THIS CODE, MEANING THE ZONING CODE.

THE INTENT OF THE REGULATIONS IS ALSO TO ALLOW THE FLEXIBILITY FROM TRADITIONAL ZONING STANDARDS THAT RESULT IN DEVELOPMENT, PROVIDING AN IMPROVED LIVING ENVIRONMENT, INCLUDING USABLE COMMON SPACE, AMENITIES OR SERVICES, INCREASED LANDSCAPING, ADDITIONAL ARCHITECTURAL FEATURES OR STANDARDS, AND COMPATIBILITY WITH THE CONTIGUOUS NEIGHBORHOOD. NEXT IS PROMOTE FLEXIBILITY AND INNOVATION OF DESIGN WHILE PERMITTING DIVERSIFICATION OF DEVELOPMENT TYPES IN ORDER TO ENCOURAGE THE MOST SUITABLE USES OF THE SITE. ACHIEVE A COMPATIBLE LAND USE RELATIONSHIP WITH THE SURROUNDING AREA. PROMOTE REDEVELOPMENT AND REUSE OF PREVIOUSLY DEVELOPED PROPERTY.

[01:55:07]

ENCOURAGE DEVELOPMENT OF VACANT PROPERTIES WITHIN THE DEVELOPED AREAS. PROVIDE USABLE AND SUITABLE SUITABLY LOCATED COMMON SPACE RECREATION FACILITIES OR OTHER PUBLIC COMMON FACILITIES FACILITIES. FUNCTIONAL AND EFFICIENT SYSTEMS OF STREETS, PATHWAYS, UTILITIES AND MUNICIPAL SERVICES ON AND OFF SITE. PROMOTE EFFICIENT USE OF LAND WITH A MORE FLEXIBLE ARRANGEMENT OF BUILDINGS AND LAND USES. PROVIDE FOR MASTER PLAN DEVELOPMENT THAT INCLUDES INTERCONNECTED DESIGN ELEMENTS BETWEEN STRUCTURES OR PHASES.

INCREASED AMOUNTS OF LANDSCAPING OR NATURAL FEATURES, CONNECTIONS TO THE SURROUNDING NEIGHBORHOOD OR PUBLIC LANDS, AND UNIQUE ARCHITECTURAL FEATURES. ENSURE APPROPRIATE PHASING OF DEVELOPMENT AND AMENITIES, AND PROVIDE FOR ATTRACTIVE STREET STREETSCAPES THAT ARE NOT DOMINATED BY PARKED VEHICLES OR GARAGE ENTRANCES. THE APPLICANT BROUGHT UP THAT HE WAS CORRECT THAT IN THE PAST THERE HAVE BEEN 22 PUDS. SO I WENT BACK AND LOOKED AT THESE, AND SPECIFICALLY THE FOUR THAT THEY CALLED OUT IN THEIR OBJECTION.

SO I WENT THROUGH EACH OF THESE PUDS, AND I TRIED TO PROVIDE SOME SUMMARY WITH EACH PUD THAT HAS BEEN APPROVED THAT WAS UNDER TWO ACRES. SO WE HAD THE ANDERSON TOWNHOMES AT THE CASE NUMBER IS THERE. YOU CAN LOOK IT UP AND CITY WORKS. THIS WAS A ONE ACRE DEVELOPMENT THAT WAS APPROVED ON APRIL 27TH OF 2023. THE INITIAL ZONING FOR THAT OR THE ZONING THAT EXISTED WAS R3A.

THE ALLOWABLE UNITS ON THAT WAS 35 UNITS PER ACRE. THE APPLICANT REQUESTED AND WAS APPROVED FOR 16 UNITS PER ACRE AND THIS ONE INCLUDED. THEY WERE REQUIRED ONE AMENITY, BUT THEY DID ALSO PROVIDE TWO AMENITIES. IN THIS CASE. THE OTHER PAD IS THE CLEVELAND PUD, WHICH WAS A HALF ACRE DEVELOPMENT THAT WAS APPROVED ON DECEMBER 12TH OF 2023. THE INITIAL ZONING WAS R3A ON THAT. THE UNITS PROPOSED THAT HE MET. OH, I DON'T KNOW. I MISSED THAT HE HE MET THE UNITS PROPOSED WERE 13 UNITS PER ACRE AND HE. IT WOULD HAVE BEEN THE SAME UNITS AS THIS ALLOWABLE 35 UNITS PER ACRE. AND IN THIS CASE, THE DEVELOPER. SO IT WAS 35 UNITS PER ACRE. THE APPLICANT PROPOSED AND WAS APPROVED FOR 13 UNITS PER ACRE.

THEY WERE REQUIRED. ONE AMENITY FOR THIS DEVELOPMENT, AND THEY ONLY SUPPLIED ONE AMENITY. THE OTHER ONE IS THE SKYLINE MANOR PUD, WHICH IS A 1.6 ACRES. THIS WAS APPROVED ON JULY 29TH OF 2021 WITH THE ZONING OF R3. THE ALLOWABLE UNITS WERE 35 UNITS PER ACRE. 14 UNITS PER ACRE WERE WHAT WE REQUESTED AND APPROVED. THE AMENITIES THAT WERE REQUIRED WERE ONE. IN THIS CASE, THEY WERE ACTUALLY TWO AMENITIES THAT WERE PART OF THIS. AND THEN THE SKYLINE MANOR DIVISION TWO. THE SECOND PART OF THAT ONE FOR PUD WAS 0.6 ACRES. THAT WAS APPROVED ON MARCH 10TH OF 2022. THE ZONING OF ALL 335 UNITS PER ACRE, 15 UNITS FOR WHAT WERE APPROVED.

THE REQUIRED AMENITIES WERE ONE AND SIMILAR TO THE OTHERS, THEY ACTUALLY GAVE TWO AMENITIES A CONTINUATION OF A PATHWAY. AND THEN THIS IS JUST SHOWING THE SITE. I THINK THAT'S PRETTY MUCH YEAH, THIS IS PRETTY MUCH IT FROM ME. SO I'M JUST ELABORATING THE CODE AND THE AND THE ISSUES THAT THEY BROUGHT UP AND JUST SHOWING DATA OF THE PUDS THAT THEY SPECIFICALLY CALL OUT. THOSE FOUR WERE APPROVED BY THE CITY COUNCIL. THOSE BOTH, ALL FOUR OF THOSE WERE UNDER THE TWO ACRES. SO THEY WOULD HAVE BEEN CLASSIFIED AS REDEVELOPING OR SOME NATURE OF THAT, THAT THEY WOULD HAVE BEEN APPROVED. WITH THAT, I'M HAPPY TO ANSWER ANY QUESTIONS AS I WALK THROUGH THE CODE ON THAT. I HAVE SOME QUESTIONS. SO AS WE LOOKED AT THOSE FOUR EXAMPLES BY RIGHT, THE DEVELOPER HAD RIGHTS TO MORE UNITS PER ACRE THAN WAS OFFERED IN THE PUD. THAT'S CORRECT. AND ALL OF THESE, THE ALLOWABLE ACRES WERE SUBSTANTIALLY DON'T KNOW HOW TO SAY THAT. SUBSTANTIALLY LARGER THAN WHAT WAS APPROVED. THAT'S CORRECT. OKAY. AND SO WHEN THE DEVELOPER SAYS THAT COUNCIL DID NOT PROVIDE AN AVENUE OF APPROVAL, THIS PARCEL WAS ALREADY ZONED R1, IS THAT NOT? THE RIGHT OF A DEVELOPER TO BUILD ACCORDING TO THE CODE, AN R1 ON THIS PROPERTY, OR HAVE DONE THE DUE DILIGENCE TO KNOW WHETHER OR NOT R1 COULD FIT WITHIN THIS PROPERTY. YEAH THEY ARE. ONE WOULD HAVE BEEN BY RIGHT. AND SO YES, THEY COULD HAVE JUST REQUESTED AN R1 PRODUCT WITHOUT THE PUD AND IT WOULD NOT HAVE BEEN UP TO COUNCIL TO OFFER AN AVENUE OF APPROVAL IF THEY HAD JUST REQUESTED. I MEAN, LIKE THAT WAS THE ASSUMPTION WAS THAT THERE WAS AN AVENUE FOR

[02:00:04]

DEVELOPMENT. IF IT WAS ALREADY ANNEXED AND ZONED R1 WITHIN THE CITY, SO ARE THEY. SO IF I'M UNDERSTANDING THAT QUESTION, MAYBE I'LL BE MORE CLEAR. THE THE APPLICANT SAID THAT THE COUNCIL DID NOT GIVE AN AVENUE OF APPROVAL, AND MAYBE IT WAS THE ASSUMPTION OF. COUNCILOR MYSELF THAT THE AVENUE OF APPROVAL IS THAT BY RIGHT THEY COULD BUILD R1 AS ZONED WITHIN THE CITY. THAT COULD BE THAT COULD BE A PERSPECTIVE. THAT'S TRUE. THANK YOU. I HAVE A QUESTION ABOUT WORDS. OKAY. SO I'M LOOKING AT IT UNDER THE PLANNED UNIT DEVELOPMENT 11 26W1F. IT VERY SPECIFICALLY SAYS WHEN I'M TALKING ABOUT PLANNED UNIT DEVELOPMENT IN GENERAL, IT MAKES THE STATEMENT RECREATIONAL. I'LL READ THE WHOLE THING, PROVIDE USABLE AND SUITABLE LOCATED COMMON SPACE RECREATION FACILITIES OR OTHER PUBLIC SLASH COMMON FACILITIES.

WHEN IT REFERS TO THAT AMENITY UNDER JUST SOMETHING TWO ACRES OR LESS, IT DOES NOT USE THE WORD COMMON. AND THE REASON I'M ASKING WHAT THIS ALL MEANS IS WE DID THINK ABOUT THIS BECAUSE WE HAD JUST DEALT WITH A PUD WHERE THE DEVELOPER SAID, I'M BUILDING THE AMENITIES FOR THE PEOPLE WHO LIVE THERE. IF ANYBODY ELSE WANTS TO USE IT, WE'RE REQUIRING THEM TO PAY. SO THAT REMINDED ME THAT THAT PERSON, THAT DEVELOPER, WAS THINKING ABOUT A COMMON FACILITY FOR THE PEOPLE WHO LIVE THERE. IT DOES NOT SAY THAT IF IT'S LESS THAN TWO ACRES. SO I'M ASSUMING THIS IS WHERE I NEED HELP. IF THERE'S A REASON THE WORD COMMON WAS TAKEN OUT AND ONLY THE WORD PUBLIC WAS USED BECAUSE TWO ACRES PUTS EXTRA PRESSURE ON THE NEIGHBORS. LESS THAN TWO INCHES. WAS THAT A DELIBERATE DECISION TO TAKE THE WORD COMMON OUT? I DON'T KNOW IF I CAN ANSWER THAT QUESTION. I DON'T KNOW THE THINKING OF LOOKING BACK AT. YOU'RE LOOKING AT THE PURPOSE LETTER F, CORRECT? YEAH, YEAH. AND WHY COMMON WAS USED THERE AS OPPOSED TO PUBLIC? WELL, BOTH WORDS ARE USED. I WOULD SLASH, WHICH MEANS EITHER ONE CAN BE USED. AND TWO. YEAH. AND I DON'T KNOW IF I CAN ANSWER THAT, BUT WHEN WE DELIBERATE, I'LL TRY TO EXPLAIN WHY THAT MAKES A DIFFERENCE TO ME. BUT I WONDERED IF THERE WAS SOME REASON THAT THAT WAS WORDED DIFFERENTLY FOR SOMETHING UNDER TWO ACRES. YEAH. FORGIVE ME. I DON'T KNOW THE INTENT OF THAT WHEN THAT CHANGED AND WHY THAT SPECIFICALLY? YEAH, NO. AND I, IT WAS PROBABLY DONE A LONG TIME AGO, BUT SOMEBODY HAD A REASON WHATEVER. AND TO ME IT MAKES A DIFFERENCE. BUT WE'LL SEE WHAT HAPPENS. AND THE ONLY THING I WOULD VENTURE WOULD BE COMMON TYPICALLY INVOLVES SOME TYPE OF OWNERSHIP. SO LIKE OWNED IN COMMON AND USUALLY PEDS FALL UNDER. HOA OR SOMETHING OF THAT, WHERE IN SOME INSTANCES YOU HAVE A PADLOCK WHERE THE COMMON AREA IS OWNED IN COMMON. AND THAT'S MAYBE WHY THAT WAS USED INTERCHANGEABLY. BUT IN TERMS OF ACCESS, THAT'S MAYBE WHY THEY HAVE THAT. BUT I WOULD BE VENTURING OUT A LITTLE BIT BECAUSE PUBLIC AND COMMON DO HAVE DIFFERENT MEANINGS. OKAY. MY SECOND QUESTION IS IF SOMEONE OWNS A PARCEL OF PARCEL OF LAND AND THEY MAKE NO ATTEMPT TO DEVELOP IT, BUT IT'S SITTING THERE, I DON'T KNOW WHETHER YOU WOULD CALL IT VACANT. I GUESS YOU COULD, BUT THEY OWN IT AND IT'S THEIR DECISION NOT TO DEVELOP IT OR EVEN TRY IT IN ANY WAY. DOES THAT COUNT AS UNDEVELOPED PROPERTY? BY OUR DEFINITION AND THE STATE DEFINITION, IS IT. YEAH. IT DOES. DOES IT COUNT AS UNDEVELOPED? IT'S A YEAH. THAT IS IS REDEVELOPING, I GUESS, THE RIGHT WORD. IF IT WERE UNDEVELOPED. WELL, IS IT REDEVELOPMENT IF THE PROPERTY OWNER NEVER PURSUED DEVELOPMENT, THEY END UP BEING PURSUED. LET'S JUST USE THIS AS AN EXAMPLE. IS IT IS IT CONSIDERED UNDEVELOPED, UNDEVELOPED LAND AND THEN REDEVELOPMENT JUST BECAUSE LET'S JUST SAY SOMEONE

[02:05:02]

SHOWS UP AND WANTS TO BUY IT. I MEAN, THE CRUX OF THAT ARGUMENT IS CAN'T PEOPLE JUST OWN LAND? THEY CHOOSE NOT TO DEVELOP. AND JUST BECAUSE EVENTUALLY SOMEBODY SHOWS UP AND WANTS TO BUY IT AND THEY WANT TO DEVELOP IT, IS THAT TECHNICALLY REDEVELOPMENT? IF THE INTENT OF THE FORMER OWNER WAS TO KEEP IT UNDEVELOPED? WELL, NO, WE DON'T HAVE A DEFINITION OF UNDEVELOPED. WE ONLY HAVE A DEFINITION OF REDEVELOPING. THAT'S THE ONLY THING WE HAVE IN OUR CODE. WOULD IT COUNT AS REDEVELOPING THEN, IF THE PROPERTY OWNER MADE NO ATTEMPT TO DEVELOP IT? YEAH, I WOULD I'M NOT TRYING TO BE CAGEY ON THIS. I WOULD REALLY JUST FALL INTO THE DEFINITION OF REDEVELOPING. IT STATES IN OUR ZONING CODE. AND IF THAT'S DIFFERENT THAN WHAT'S IN THE STATE STATUTE FOR DEVELOPMENT OR REDEVELOPMENT, BECAUSE WHEN WE GET THE REDEVELOPMENT DISTRICTS, THE STANDARDS ARE PRETTY TIGHT. SO YEAH, I, I WOULD BE A LITTLE CAUTIOUS IN APPLYING IFRA STANDARDS TO THIS BECAUSE WE'RE LOOKING AT TWO DIFFERENT THINGS. THAT'S THE ESTABLISHMENT OF A REDEVELOPMENT DISTRICT. AND THAT WOULD BE SUBSTANTIALLY DIFFERENT THAN WHAT OUR ZONING CODE SAYS WHEN IT COMES TO LUPA, THOUGH, AND THE DEFINITION, I DON'T BELIEVE I WOULD LOOK TO OUR ATTORNEY. I DON'T BELIEVE UNDEVELOPED IS IN THERE. OKAY. YEAH. WHEN I LOOKED AT IT A FEW DAYS AGO, I DON'T REMEMBER SEEING ANYTHING OF THAT NATURE. DIRECTOR CENTER, CAN YOU CONFIRM WHETHER THIS PARCEL HAD BEEN PREVIOUSLY SUBDIVIDED? THAT WAS A, I THINK, A CLAIM THAT WAS MADE IN THE TESTIMONY.

CAN YOU CONFIRM? YES, I CAN CONFIRM THAT. I PULLED THE PLAT ACTUALLY THIS MORNING JUST TO LOOK AT IT. AND IT WAS PLATTED IN JULY. I THINK I HAVE THE DATE UP THERE, 1979. YEP. OKAY.

I JUST WANTED TO MAKE SURE BEFORE I WAS BORN, I HAD TO SAY THAT HEY, HEY, HEY, DIRECTOR.

SORRY, SORRY. DIRECTOR. COULD YOU COULD YOU CLARIFY OR RECONFIRM? THERE WERE STATEMENTS MADE, AND I JUST WANT TO MAKE SURE THAT I HAVE THIS UNDERSTANDING CORRECTLY, THAT, AGAIN, WHAT THEY CAN DO BY. RIGHT. AND THEN THERE WERE TWO REASONS GIVEN FOR OR EXCUSE ME, TWO VARIANCES REQUESTED IN THIS PUD FROM WHAT THEY COULD DO BY. RIGHT. COULD YOU TELL ME WHAT THOSE THE WIDTHS WERE. ONE WAS MENTIONED ABOUT A FRONT VARIANT, A FRONT VARIANCE AND A DRY VIAL. COULD YOU TELL ME WHAT THOSE. YEAH, I'D BE HAPPY TO. WHAT WAS THE DISCREPANCY NEEDED BETWEEN WHAT THEY WOULD BE REQUIRED TO HAVE BY RIGHT AND WHAT IS BEING REQUESTED BY VARIANCE. IN SHORT, IT WAS FIVE FEET. THE R-1 STANDARD REQUIRES A 25 FOOT FRONT SETBACK. OKAY.

THEY WERE NOT REQUESTING A VARIANCE ON THE BACK SIDE. CORRECT. GOT THAT. YEAH. AND SO IS IT. IS IT ACCURATE TO SAY THEN THAT IF THEIR PARCEL HAD FIVE FIVE MORE FEET OF WIDTH, THEY WOULD NOT NEED A VARIANCE. IF IT WAS FIVE FEET, THE ISSUE THERE WAS THE THE INFRASTRUCTURE THAT WAS REQUIRED BECAUSE OF THE RIGHT OF WAY FOR THE STREET. AND THAT'S WHY THEY REQUESTED A PRIVATE STREET, WHICH ALLOWS THAT 26 FOOT WIDTH STANDARD, WHICH THEY HAVE BY RIGHT TO ASK FOR AS PART OF A PD. BUT IN DOING SO, ALSO REALIZE I SAID VARIANCE THAT WASN'T QUITE ACCURATE. REMEMBER IN THE PUD STANDARDS WHAT THEY REQUEST FOR THE SETBACK, THEY HAVE THE RIGHT TO REQUEST REALLY WHATEVER SETBACK THEY WANT. AND IN THIS CASE THEY COULDN'T THE R1, THEY COULDN'T FIT THERE. AND SO THEY REQUESTED. AND THAT'S WHAT I'M TRYING TO GET AT. I UNDERSTAND THAT THEY CAN REQUEST FOR THINGS WITHIN THE PUD. WHAT I'M TRYING TO UNDERSTAND IS ESSENTIALLY WHAT MORE WOULD THIS PARCEL NEED SO THAT BY RIGHT THEY COULD BUILD, RIGHT? WHAT ARE THEY SHORT? ESSENTIALLY, IF IT'S WIDTH OR, YOU KNOW, WHATEVER PARAMETERS THEY'RE SHORT. YEAH. SO THEY, THEY, THEY WOULD BE LOOKING AT THE FULL STREET WIDTH STANDARD. IN THIS CASE, IT WOULD BE, OH NO, WAIT, BACK UP. CHRIS LET IT WAS I BELIEVE THIS. OH SHOOT. STREET WITH STANDARD UP AND LET ME LOOK AT IT. LOOK IT UP 60FT.

OH THANK YOU, THANK YOU. YEAH. SO THEY WOULD BE REQUIRED AT 60 FOOT STREET WIDTH RIGHT OF WAY.

AND THEN THEN THEY ALSO WOULD HAVE TO MEET THE R1 SETBACK OF R 25 IN THE FRONT, 25 IN THE BACK AND THE WIDTH OF THEIR PROPOSED DRIVE IN THE PUD WAS 2626. YEAH. THANK YOU. 26FT.

COUNCIL MEMBER FRANCIS, I HAVE A QUESTION FOR LEGAL. OKAY, OKAY TO ASK NOW OR WHEN SHOULD WE ASK? YOU CAN YOU CAN ASK THE QUESTION OF LEGAL. I DO WANT TO, YOU KNOW, LET COUNCIL KNOW THAT OUR ATTORNEY'S LEGAL OPINION, IF OFFERED, IS ALSO PART OF THE RECORD. YES. AND SO IT MIGHT BE.

IT'S UP TO COUNCIL TO DETERMINE THOSE THAT PART OF THE RECORD WHICH YOU WOULD LIKE TO HEAR.

[02:10:08]

WELL, I HAVE SEVERAL THINGS THAT CAN BE USED IN THE RECORD. IS THAT WHAT I SHOULD HAVE SAID? YES. REFUTE. AND I WANTED TO SAY THEM BEFORE WE GET TO JUST TO DELIBERATION, BECAUSE I THINK THE APPELLANT HAS A RIGHT TO RESPOND TO WHAT I'M THINKING IS THAT WE DO. YES. SO WHY DON'T WE LET'S LET'S WAIT AND AND HEAR PUBLIC TESTIMONY. OKAY. DOES THAT DOES THAT WORK? WE WANT TO KNOW IF THEY WOULD APPLY TO THE PUBLIC. IF YOU WOULD LIKE TO ASK YOUR QUESTION, I'M HAPPY TO ANSWER IT. THAT WOULD ALLOW THE PUBLIC TO WEIGH IN AS WELL. OKAY. THAT'S FINE.

AND IT'S I KIND OF LIKE TO LAY OUT FOR THE APPELLATE PERSON WHERE I'M THINKING, SO THEY HAVE A CHANCE TO REBUTTAL BEFORE WE GET TO DELIBERATION, IF THAT MAKES SENSE. YES, YES.

GO AHEAD AND ASK. SO TELL ME WHEN IT'S THE RIGHT TIME. NOW. NOW WOULD BE THE TIME. SO I WANT TO I'D LIKE TO POINT OUT SOMETHING ABOUT THE 200FT, BECAUSE WHEN I LOOK AT OUR RECENT STATEMENT, WE DID NOT SAY IT CAN'T BE. IT HAS TO BE 200FT FROM THE NEIGHBORHOOD. WE DIDN'T SAY THAT. IT SAYS THE PUBLIC WOULD HAVE TO TRAVEL 200FT TO GET TO IT, AND WE MAY DID NOT SET THAT AS A STANDARD. EVERY TIME WE'RE SAYING IT. THAT IS NOT A CONVENIENT WAY FOR THIS NEIGHBORHOOD TO GET TO USE THAT BASKETBALL COURT. SO I WANT TO MAKE IT CLEAR THAT I NEED AN ANSWER TO THAT, BECAUSE I DON'T READ OUR OUR RECENT STATEMENT THE WAY IT WAS DESCRIBED BY THE ATTORNEYS PIECE. ONE TWO. ALSO, WHEN I LOOK AT I'M TRYING TO MAKE SURE I KNOW THE PICTURE RIGHT. AND MAYBE DIRECTOR, I NEED TO LOOK BACK AT ONE OF THE PICTURES.

YEAH. THE ONE THAT SHOWS THE ELEVATIONS. OH YES. THIS THIS PICTURE IS SO AM I READING IT RIGHT IN A WAY THAT IS RIGHT. YOU SEE WHERE THE CARS ARE PARKED BEYOND THE BASKETBALL COURT. YEAH. WOULD THAT BE THE WAY IT IS? BECAUSE IT LOOKS LIKE AND I'M READING IT. PART OF THAT IS A FIRE LANE. THERE'S NOT SUPPOSED TO BE ANY PARKING ON THAT STREET, BUT PART OF IT IS GUEST PARKING OR WHATEVER IT'S MEANT TO BE. SO PART OF THAT STREET DOES HAVE WHAT AMOUNTS TO PARKING ON BOTH SIDES OF THE 26 FOOT STREET. YEAH, THIS IS A REPRESENTATION.

THAT'S A GOOD QUESTION. THIS IS A REPRESENTATION BASICALLY OF THIS AREA. SO YOU'RE KIND OF LOOKING ACCORDING TO THAT RENDERING. YOU'RE LOOKING UP THIS KIND OF ANGLE RIGHT HERE.

SO THEY'RE INCORPORATING THE GUEST PARKING JUST LIKE YOU SAID. COUNCILMEMBER FRANCIS.

YES. AND I ALSO WANT TO SAY THINGS WERE SAID BY MEMBERS OF THE COUNCIL DURING OUR DELIBERATION AND DISCUSSION THAT WERE HINTS AT WHAT COULD BE DONE TO MAKE THIS MORE ACCEPTABLE. WE WERE TOLD BY THE ATTORNEY'S OPINION THAT WE OFFERED NO OPTIONS, BUT THAT'S NOT CORRECT. IF YOU LOOK AT THE WHOLE RECORD OF WHAT WAS SAID, SO HINTS WERE MADE ABOUT WHAT COULD BE DONE TO MAKE THIS MORE ACCEPTABLE. AND. AND I JUST WANT. TO KNOW WHAT YOU'RE THINKING. AM I GOING FORWARD? OKAY, DID I STEP OUT OF LINE? NOPE. QUESTIONS I WOULD BE INTERESTED IN LEGAL'S APPROACH TO WHAT OUR LIABILITY IS HERE BASED ON WHAT THE THE POINT WAS HERE. WHAT DO YOU MEAN BY LIABILITY? WHAT ARE OUR FINANCIAL LIABILITIES? WHAT ARE THE RISKS OF TAKINGS CLAUSE? WHAT ARE THE RISKS OF LEGAL FEES? WHAT IS YOUR UNDERSTANDING? SO IF THERE'S A TAKINGS CLAIM AND IF IT'S SUCCESSFUL, THEN THEY WOULD BE ENTITLED TO WHATEVER THE AMOUNT OF DAMAGES THAT THEY CAN SHOW THAT THEY WERE ENTITLED TO AS A RESULT OF CITY COUNCIL DENYING THEIR DENYING THEIR APPLICATION. RIGHT. SO IF THEY CAN SHOW TO THE COURT, HEY, IF THIS HAD BEEN APPROVED AND IT WAS SUPPOSED TO BE APPROVED, THEN HERE'S WHAT I WOULD HAVE PROFITED. RIGHT. AND THEN BECAUSE THEY DENIED IT, I IT'S LOWERED, LOWERED MY PROPERTY VALUE BY THIS AMOUNT. AND THAT DIFFERENCE WOULD BE THE AMOUNT OF DAMAGES. I DON'T HAVE A GOOD NUMBER OR GOOD DEED ON THAT ONE. WHAT THAT WOULD BE AT THIS MOMENT AS FAR AS ATTORNEY FEES, IT WOULD REALLY BE UP TO THE JUDGE TO DECIDE UNDER UNDER THE AMERICAN SYSTEM, TYPICALLY, ATTORNEY FEES ARE NOT AWARDED AS A MATTER OF RIGHT, UNLESS THERE ARE CERTAIN TYPES OF CLAIMS. THIS CLAIM WOULD NOT BE ONE OF THOSE AND WOULD FALL UNDER THE GENERAL STANDARD OF. IF THE COURT FELT THAT THE CITY HAD ACTED FRIVOLOUSLY IN THAT EVENT, THE COURT WOULD COULD AWARD ATTORNEY FEES AND THOSE COULD. YOU KNOW, THOSE COULD BE IN THE RANGE OF 80,000 OR SO OR 40, 40 TO 80,000 SOMEWHERE AROUND THERE, DEPENDING ON WHAT

[02:15:05]

SORT OF ATTORNEY THEY GET AND HOW MUCH TIME THEY SPEND. AND THEN WHAT IS LEGAL THOUGHT ABOUT THIS CONVERSATION ABOUT CAPRICIOUS OR. ARBITRARY, ARBITRARY, CAPRICIOUS. YOU HAVE A DESCRIPTION OF THAT STANDARD OR. YEAH. WHAT IS YOUR FEELING ABOUT THAT IN TERMS OF. THE ARGUMENTS HERE? IN TERMS OF THE ARGUMENTS? WELL, I HAVEN'T HEARD ALL THE ARGUMENTS YET.

AND SO I THINK THAT AT THIS JUNCTION, THE APPLICANT'S POINT IS WELL TAKEN AS TO THE DEFINITION OR THE COUNCIL'S PRIOR CONCLUSION ABOUT IT'S NOT REDEVELOPING. THERE WERE NOT FACTS FOUND BY CITY COUNCIL OR IN THAT REASONED OPINION, FOR THAT DECISION. AND SO AT THIS JUNCTURE, UNTIL WE HAVE. I THINK CITY COUNCIL WOULD BE WELL ADVISED TO MAKE FACTUAL INQUIRIES TO SEE IF ALL THE ELEMENTS OF REDEVELOPING HAVE BEEN MET OR NOT, BECAUSE AT THIS. AND THAT WILL BE BASED ON THE FACTS. AND THAT'S WHY IT'S IMPORTANT FOR CITY COUNCIL TO ASK QUESTIONS CENTERED ON WHETHER THIS IS REDEVELOPING. AND AT THAT MOMENT, ONCE WE HAVE ALL OF THE FACTS IN FRONT OF CITY COUNCIL, CITY COUNCIL WILL BE IN A MUCH BETTER POSITION TO MAKE A DECISION AS TO WHETHER THERE ARE FACTS. I WILL NOTE LAST TIME THIS IS MY FAILURE. LAST TIME WE HAD A HEARING ON THIS, I WAS UNAWARE THAT THERE WAS A SPECIFIC DEFINITION OF REDEVELOPING, AND I SHOULD HAVE FLAGGED THAT FOR CITY COUNCIL AT THE TIME, SO WE COULD HAVE MADE THE REQUISITE FACTUAL FINDINGS AT THAT TIME, BECAUSE I DID NOT, AND THAT'S MY FAILURE. CITY COUNCIL DID NOT GO INTO THOSE THOSE SPECIFIC INQUIRIES AND MAKE THE FACTUAL FINDINGS THAT WERE NEEDED TO BE MADE. AND SO I APOLOGIZE FOR THAT. BUT THAT'S PART OF THE REASON WHY WE HAVE THIS WHOLE PROCESS, AND THAT'S ONE OF THE CENTRAL POINTS OF THE APPELLANT'S ARGUMENT, IS THAT DEFINITION. AND IT IS A VERY SPECIFIC DEFINITION OF REDEVELOPING. AND COUNCIL PRESIDENT FRANCIS, I DID CHECK AND I THERE IS NOT A DEFINITION OF UNDEVELOPED. THERE'S ONE REFERENCE, BUT IT DOES NOT DEFINE UNDEVELOPED. AND I IN MY LEGAL OPINION, IT WOULD NOT MATTER. WE HAVE OUR OWN DEFINITION IN OUR OWN ORDINANCES AND NOTHING THAT WOULD CHANGE THAT. SO IT'LL BE. ON WHETHER THE ELEMENTS OF REDEVELOPING HAVE BEEN MET. COUNCIL MEMBER. MR. JONES, IF MY UNDERSTANDING IS CORRECT HERE, OUR CITY CODE PROVIDES THAT A MINIMUM SITE FOR A PUD MUST BE AT LEAST TWO ACRES AND THAT IF I'M UNDERSTANDING OUR RECENT STATEMENT, WHICH WE ALL SIGNED AND I FEEL COMFORTABLE THAT WE UNDERSTOOD CORRECTLY, THAT IT'S BEEN HELD BY THE IDAHO SUPREME COURT, THAT THE WAY THAT OUR CODE IS WRITTEN AND THE WORD MAY IS, IS VERY IT'S COMPLETELY AT THE DISCRETION OF THE DECIDING BODY AND DOES NOT MEAN MUST OR SHALL. AND THERE'S CASE LAW THAT JUSTIFIES THAT LAW MAKING, I GUESS, DECISION MAKING PROCESS. IS THAT CORRECT? THAT IS CORRECT. SO THE WORD MAY IN STATUTORY INTERPRETATION INDICATES DISCRETION. HOWEVER, THAT DISCRETION HAS TO BE BASED ON CERTAIN ARTICULATED FACTORS, IF THAT MAKES SENSE. YOU CAN'T YOU. I DON'T THINK IT'S A STATUTE COULD BUILD INTO ITSELF ITS OWN ARBITRARINESS. IT COULDN'T SAY A JUDGE MAY DO THIS AND THEN NOT GIVE FACTORS FOR THE JUDGE BECAUSE THERE NEEDS TO BE SOME SOME. THE IDAHO CODE REQUIRES ORDINANCES TO SET FORTH THE CRITERIA. AND IF WE HAVE NOT DONE THAT, THEN WE, IT MAY SAY, MAY. BUT WITHOUT ARTICULATED CRITERIA IN OUR STATUTE, THAT MAY BE A BIT OF A NOVELTY AND WE DON'T SET THOSE STANDARDS. IS THAT CORRECT? NO, WE DO HAVE ALL WE HAVE IS SMALLER ACREAGE MAY BE CONSIDERED FOR PUD ON LAND THAT THE COUNCIL FINDS IS REDEVELOPING OR PROVIDES A PUBLIC BENEFIT FOR AMENITY. AND WHAT YOU'RE SAYING IS IN ORDER TO FLIP THAT SWITCH, WE WOULD NEED TO HAVE A LIST OF THINGS THAT WOULD NEED TO MAKE CORRECT. ALTHOUGH AS IT'S CURRENTLY WORDED, ONE COULD ARGUE THAT THOSE. THAT DISCRETIONARY IS DEPENDENT UPON FINDING IT'S REDEVELOPING OR FINDING THAT IT'S A PUBLIC BENEFIT OR AMENITY. COUNCIL. ARE WE READY FOR PUBLIC TESTIMONY? OKAY, WE

[02:20:02]

WOULD THEN. I DO RECOGNIZE SEVERAL OF YOU FROM THE ORIGINAL TESTIMONY, AND WE WOULD ASK THAT TONIGHT. WE DO KEEP TO THE THREE MINUTE TIMELINE SO THAT MORE PEOPLE ARE HERE TO TESTIFY. SO TO OUR FIRST PERSON, IF THEY WOULDN'T MIND COMING TO THE PODIUM, IF YOU'LL JUST GIVE YOUR NAME AND WHETHER YOU ARE RESIDENTS OF THE CITY OF IDAHO FALLS, IDAHO FALLS ABOUT 35FT RIGHT NEXT TO THIS MASS. OKAY, LET'S START WITH THE EASY STUFF. IDAHO CODE TELLS US ONE, THE COUNCIL HAS NO LEGAL OBLIGATION TO FOLLOW ITS PRIOR DECISIONS, AND EACH APPLICATION MUST BE EVALUATED ON ITS OWN MERITS BASED ON THE EXPRESS STANDARDS AND APPLICABLE ORDINANCES AND COMPREHENSIVE PLANNING. PRIOR APPROVALS ARE RELEVANT BUT DID NOT ESTABLISH A BINDING PRECEDENT. COURTS REVIEWING THE CITY COUNCIL'S LAND USE DECISIONS CANNOT SUBSTITUTE THEIR JUDGMENT FOR THAT OF THE DECISION MAKER ON MATTERS INVOLVING THE EXERCISE OF DISCRETION. MY VIEW IS THAT YOU DID EXERCISE DISCRETION PROPERLY AND COMPLY WITH THE STATUTES AND PROVIDING A WRITTEN DECISION, ACCOMPANIED BY A REASONED STATEMENT THAT EXPLAINED THE CRITERIA AND STANDARDS. CONSISTENT, CONSIDERED, RELEVANT, STATED THE RELEVANT CONTESTED FACTS RELIED UPON, EXPLAINED AND EXPLAINED THE RATIONALE FOR THE DECISION. THAT'S AN IDAHO CODE CASE. LAW TELLS US THE COURTS WILL NOT REVERSE FINDINGS THAT ARE CLEAR, DISPOSITIVE AND SUPPORTED BY THE RECORD. THAT WAS A CASE IN ENGLAND VERSUS CITY OF BOISE. THE FIRST AND FOUNDATIONAL REQUIREMENT WAS THE TWO ACRE REQUIREMENT. AND AS STATED ABOVE, JUST BECAUSE PREVIOUS CITY COUNCILS HAD APPROVED 22 PUDS AND SOME OF THOSE WERE UNDER TWO ACRES, DOESN'T ESTABLISH A BINDING PRECEDENT. THE SUBJECT BOARD DIDN'T MEET THE TWO ACRE REQUIREMENT. THAT'S ENOUGH TO DENY IT APPEARS THIS REQUEST FOR RECONSIDERATION HAS THE DEVELOPERS TRYING TO SUBSTITUTE THEIR JUDGMENT FOR THAT OF THE DECISION MAKER, BASED ON PRIOR APPROVALS THAT ARE NOT BINDING.

THE DEVELOPER CITED. FOUR OF THESE APPROVED APPLICATIONS CONSISTED OF LESS THAN TWO ACRES, IT SHOULD BE NOTED, AND I DON'T KNOW WHERE THE DISCONNECT WAS, BUT THE CLEVELAND PD CITED, ACCORDING TO THE CITY PLANNING DIVISION, WHICH RECALLED NEVER HAD A HEARING BEFORE PLANNING AND ZONING OR THE CITY COUNCIL THUS NEVER APPROVED. AS STATED, AN APPLICATION WAS FILED ON 1212, 2023, BUT WAS NEVER ACTED AFTER THE NEIGHBOR MEETING AND IT EXPIRED ON 522 2024. ABOUT THE ONLY SIMILARITY OF THE REMAINING THREE CITED DEVELOPMENTS THAT WERE ACTUALLY APPROVED IS THAT THE INDIVIDUAL APPLICATIONS WERE UNDER TWO ACRES LIKE THE SUBJECT PDB. HOWEVER, SKYLINE MANOR AND ANDERSON TOWNHOMES ARE BEING DONE IN PHASES, MEANING THAT EACH SUBMITTED TWO APPLICATIONS FOR EACH OF THE DEVELOPMENT GOALS FOR THE DEVELOPMENTS. BOTH DEVELOPMENTS ARE ZONED R3A, NOT R ONE, AND WHEN COMPLETED, WILL BE CONTIGUOUS CONTIGUOUS NEIGHBORHOODS THAT ARE OVER TWO ACRES. THEY WILL HAVE TWO ACCESS POINTS TO PUBLIC ROADS, NOT JUST ONE. THEY WILL NOT HAVE TO RELY ON ALTERNATIVE TURNAROUNDS FOR FIRE PROTECTION EQUIPMENT. IN FACT, ANDERSON TOWNHOMES HAVE A PUBLIC ROAD RATHER THAN A PRIVATE ROAD THROUGH THEM. THE CITED PUDS ARE IN AREAS THAT HAVE SIMILAR DEVELOPMENTS IMMEDIATELY AROUND THEM. NOT ESTABLISHED R1 SINGLE DETACHED HOMES AS IS THE CASE WITH THE SUBJECT PUD, THE AMENITIES OFFERED BY THE CITED PUDS ARE NOT DUPLICATIONS OF ONES THAT ARE CLOSE AND READILY AVAILABLE IN THE IMMEDIATE AREA, AS IS THE CASE WITH THE SUBJECT PUD, THE SUBJECT PUD AMENITIES APPEAR TO BE FOR THE CONVENIENCE OF THE DEVELOPERS TO MEET THE AMENITY REQUIREMENTS AND INCREASE FROM 1 TO 2 DURING THE HEARING PROCESS. IF YOU WOULDN'T, IF YOU WOULDN'T MIND JUST FINISHING UP. OKAY, PERFECT.

THANK YOU. THE TOUTED AMENITIES ADD NOTHING TO THE SURROUNDING COMMUNITY. THE MANY DIFFERENCES OF THE CITED PBDS REINFORCE THAT THE CITY COUNCIL DID REACH A DECISION THROUGH AN EXERCISE OF REASON, AND WAS NOT ARBITRARY OR CAPRICIOUS. AS STATED ABOVE, THE COUNCIL HAS NO LEGAL OBLIGATION TO FOLLOW ITS PRIOR DECISIONS. PRIOR APPROVALS MAY BE RELEVANT TO NOT ESTABLISH BINDING PRECEDENT. AS A DEVELOPER, IF WE'D LIKE EVERYONE TO BELIEVE THE PRIMARY ARGUMENT DEVELOPER SEEMS TO OFFER IS THAT EVERYBODY ELSE GOT APPROVED AND WE SHOULD TOO.

YOU CAN'T GET ANY MORE ARBITRARY THAN THAT. THANKS. THANK YOU. TERRY SMITH, 1135 BLUEBIRD LANE, IDAHO FALLS, IDAHO. I JUST WANT TO POINT OUT RATHER QUICKLY, AND I MAY NEED

[02:25:05]

A. THANK YOU. NOW I JUST NEED TO KNOW HOW TO USE IT. I JUST WANT TO HIGHLIGHT A COUPLE OF SPOTS ON THE THE PLOT. SO THE TOP ONE. OKAY. OH NO, I GOTTA GO BACK TO THIS. OH THAT'S RIGHT HERE ALONG PULLMAN. THERE ARE IN THE ORIGINAL PLAT OF THE NEW SUBDIVISION. THOSE WERE THE ONLY, THERE WERE THREE LOTS PLATTED ALONG THAT LINE. AND THEN THERE WERE TWO, THREE PLOTTED ALONG BELLE AND ROAD. THE WHOLE REST OF THIS, WHICH IS BLOCK FOUR, WAS LEFT BLANK IN THE ORIGINAL DEVELOPMENT, INTENDED TO BE A DRAINAGE FIELD. ACCORDING TO THOSE WHO WERE PART OF THAT APPROVAL. SO THAT IS ONE OF THE FIRST OF ALL, I DO WANT TO THANK THE CITY COUNCIL MEMBERS FOR THEIR TIME AND SERVICE, BECAUSE IT IS A VERY DEMANDING JOB, AND I APPRECIATE YOUR TIME TO HELP MAKE IDAHO FALLS A GREAT CITY, I DO. PROPOSE THAT YOU DENY AGAIN, BECAUSE NOTHING REALLY HAS CHANGED FROM THE BEGINNING. SO THE FACT THAT IT IS TWO A LESS THAN TWO ACRES IS UP FOR YOUR DISCRETION. YOU CAN YOU CAN DENY IT JUST ON THAT. THE THE VARIANCE OF THE 20 FOOT SETBACK IN THE FRONT INSTEAD OF THE 2520 FIVE FOOT SETBACK DOES POSE SOME PROBLEMS WHEN YOU THINK ABOUT CARS THAT WILL BE PARKING IN THOSE DRIVEWAYS. THE AVERAGE MID-SIZE VEHICLE IS BETWEEN 15 AND 17FT. MY PERSONAL CAR IS 20FT. MANY PEOPLE IN IDAHO FALLS HAVE PICKUP TRUCKS. A STANDARD CREW CAB WITH A SHORT BED MEASURES AROUND 20FT. MY DAUGHTER'S PICKUP TRUCK IS A HEAVY DUTY TRUCK WITH A CREW CAB, REGULAR LENGTH BOX AND A HITCH. IT MEASURES FROM GRILL TO HITCH 23FT WHEN DRIVING THROUGH THE SKYLINE MANOR TOWNHOMES THAT HAS BEEN MENTIONED. I NOTICED THAT SEVERAL TRUCKS PARKED IN THE DRIVEWAY AND THEY HAVE A 20 FOOT SETBACK WENT RIGHT TO THE EDGE OF THE ROAD, OR ACTUALLY HUNG OVER INTO THE CURB, OVER THE CURB AND INTO THE GUTTER. AS STATED IN PUD, I DO NOT BELIEVE THE BLOCKS OF THE THREE ATTACHED TOWNHOMES ARE COMPATIBLE WITH THE SURROUNDING NEIGHBORHOOD. BOTH SIZED STRUCTURAL MASS AND CHARACTER DEMONSTRATED BY SIMILAR TYPES BUILDINGS, CONSTRUCTION, SEPARATIONS AND HEIGHTS. THAT IS WHAT CITED IN THE PUD CODE.

AS MENTIONED, THE PUD. THIS. THE BUILDING OF THE PUD IS IN WHAT WAS ORIGINALLY PLATTED AS A DRAINAGE FIELD FOR THE HOMES IN THE NEW SWEDEN ESTATES. I BELIEVE THAT PUTTING THE PUD IN THERE WOULD CAUSE DRAINAGE PROBLEMS FOR THE EXISTING EXISTING HOMES, THE BACKYARDS, THE AMENITIES OF THE BASKETBALL COURT AND SMALL PLAYGROUND PROPOSED ALREADY EXIST IN THE NEIGHBORHOOD. THEREFORE, THEY DO NOT BENEFIT THE NEIGHBORHOOD IN ANY WAY. THEY WOULD BENEFIT THOSE IN THE PUD. POSSIBLY. THE CHURCH ALREADY HAS TWO BASKETBALL STANDARDS. THE PUBLIC IS ALLOWED TO USE. HALF THE RESIDENTS OF THE TOWNHOMES WOULD WALK PAST THESE STANDARDS TO REACH THE ONE AT THE END OF THE LONG, NARROW PRIVATE ROAD. WEST SIDE ELEMENTARY IS LESS THAN A HALF A MILE AWAY. IT IS IN FULL VIEW OF WHERE THE PUD PROPOSED PUD IS, WITH EASY ACCESS ON PUBLIC STREETS AND SIDEWALKS. IT HAS FOUR AREAS WITH PLAYGROUND EQUIPMENT FOR BASKETBALL STANDARDS TWO SOCCER FIELDS, A BASEBALL DIAMOND, A WALKING PATH, TWO SHELTERS, AND WITH PICNIC TABLES. AFTER READING YOUR RELEVANT CRITERIA AND STANDARDS FOR DENYING THE PUD IN JANUARY, I DO NOT BELIEVE YOUR DECISION WAS ARBITRARY AND CAPRICIOUS, AND I ENCOURAGE YOU TO DENY AGAIN. THANK YOU. THANK YOU, MR. SMITH. AND YOU DON'T ACTUALLY NEED TO GIVE YOUR ADDRESS. YOU CAN JUST STATE WHETHER YOU'RE A RESIDENT OF THE CITY OF IDAHO FALLS.

OKAY. MY NAME IS TONY TONY LAPORTA, AND I AM A RESIDENT OF IDAHO FALLS. JUST TO FOLLOW UP WITH WHAT THE DEVELOPER HAD TALKED ABOUT, WITH THE REQUIREMENT OF THE FACT THAT THE CITY COUNCIL HAD APPROVED IN THE PAST, PREVIOUS LESS THAN TWO ACRE DEVELOPMENTS. AND WHY WOULD THIS BE ARBITRARY? WELL, IN THE CASE OF AN R-1 ZONE, THE APPROVED DENSITY FOR AN R-1 ZONE IS SIX UNITS PER ACRE. THE. I THINK THE DEVELOPER IS REQUESTING 14 UNITS, SO THAT WOULD BE MORE THAN ABOUT SEVEN UNITS PER ACRE. SO HE'S ASKING FOR MORE THAN THE REQUIRED AN

[02:30:01]

R-1 ZONE. THE PREVIOUS ONES APPROVED BY THE CITY COUNCIL WERE ABOUT A HALF OF WHAT WAS APPROVED FOR THOSE PARTICULAR ZONES. I THINK IT WAS 13A SO WHEN WE TALK ABOUT DENSITY REQUIREMENTS, THE. WE'RE TALKING ABOUT A SIGNIFICANT DIFFERENCE HERE BETWEEN AN R THREE, A ZONE WHICH ALLOWS 35 UNITS PER ACRE. AND THEY'RE THE ONES THAT WERE APPROVED WERE 14, 16, 18 UNITS PER ACRE. THIS IS AN R ONE ZONE WITH SIX UNITS PER ACRE. AND HE'S ASKING FOR SEVEN UNITS PER ACRE. THANK YOU. THANK YOU, MR. LAPORTA. I JUST WANTED TO SPEAK AT THE BEGINNING BECAUSE I HAD TO HEAD HOME FOR MY. BUT MY NAME IS BRIDGET HALL. I LIVE IN IDAHO FALLS, SO CAN YOU JUST SPEAK LOUDER INTO THE MICROPHONE? WE WANT TO CAPTURE YOUR TESTIMONY.

THANK YOU. MY NAME IS BRIDGET HALL. I LIVE IN IDAHO FALLS. I JUST WANTED TO GIVE YOU A LITTLE BIT MORE TO DETERMINE MORE QUANTIFIABLE CHARACTERISTICS OF THE NEIGHBORHOOD, BECAUSE THAT SEEMS TO BE IMPORTANT. IN THIS CASE, THE AS WE WERE TALKING ABOUT THE R-1 ZONE, THE MINIMUM LOT SIZE IS 7000FT■S. THE MAXIMUM IS 13,500FT■S MAXIMUM.

THAT'S, YOU KNOW, SIX UNITS PER ACRE. I LOOKED THROUGH OUR NEIGHBORHOOD. THERE ARE ACTUALLY NO HOUSES FOR SALE, BUT I LOOKED ON ZILLOW AT THE LAST 25 HOUSES SOLD AND 23 OF THEM NO, 22 OF THEM HAD THEIR LOT SIZES. SO I TOOK AN AVERAGE. THE MINIMUM LOT SIZE WAS 8407.

THE MAXIMUM WAS 22,215. THE AVERAGE LOT SIZE FOR THOSE 22 HOMES WAS 11,198FT■S. THAT'S FOUR HOUSES PER ACRE. THE. AND SO. AND THERE WERE FOUR HOUSES WITH LOTS LARGER THAN THE R1 MAXIMUM ZONE. SO I THINK THAT THAT GIVES YOU A LITTLE BIT MORE OF A FEEL FOR THE CHARACTER OF THE NEIGHBORHOOD. AND THAT'S WHY WE FEEL THAT IT DOES NOT FIT TO PUT SO MANY HOMES IN ONE, SO MANY TOWNHOMES IN ONE SMALL SECTION. IT DOESN'T, IT DOESN'T, IT DOESN'T SEEM CONTIGUOUS WITH WITH THE NEIGHBORHOOD. LET'S SEE. AND AS I SAID LAST TIME, THERE'S 401 HOMES, TWO CHURCHES AND ONE ELEMENTARY SCHOOL. HONESTLY, WHEN I SAW THAT, MY HOME WAS WHEN THEY WENT THROUGH A COMPREHENSIVE PLAN AND THEY SAW THAT MY HOME WAS ZONED R1. AT THE TIME, I. I THOUGHT THAT WAS ODD BECAUSE MY LOT SIZE WAS OVER A QUARTER ACRE, AND MANY OF THE HOUSES HAVE OVER A QUARTER OF AN ACRE, WHICH IS QUITE LARGE FOR AN R1, I WOULD SAY. ANYWAY, SO THE OTHER POINT THAT I WANTED TO TALK ABOUT WAS BELEN ROAD AND HOW IT'S 21FT ACROSS THAT IT'S MINIMUM THAT'S SMALLER THAN THIS PRIVATE ROAD. SO IT, IT'S, IT'S YOU HAVE TO HOLD YOUR BREATH AS YOU DRIVE ACROSS THE BRIDGE AND HOPE THAT THE OTHER CAR DOESN'T CLIP YOU.

THAT'S AT LEAST MY FEELING. AND THEN JUST ANOTHER COMPARISON IS PARK AVENUE. RIGHT OUT HERE IS 35FT ACROSS, IF YOU WANT TO THINK OF IT. AND THEN IF THIS IS APPROVED, I WANT TO LET YOU THINK OF THINK OF EVERY FIELD NEXT TO EVERY CHURCH IN OUR ENTIRE CITY GETTING SUBDIVIDED AND TOWNHOMES PUT ON IT. IT DOESN'T SEEM DOESN'T SEEM LIKE THAT'S THE KIND OF CITY WE WANT TO BECOME. AND IF THERE IS NO ABILITY TO TO DEFEND A VOTE BASED ON HOW MANY RESIDENTS SPOKE FOR VERSUS AGAINST, THEN I DON'T SEE WHY WE SHOULD CONTINUE TO HAVE PUBLIC HEARINGS ANYMORE. AND THAT'S THAT. THANK YOU. THANK YOU, MISS HALL. AGAIN, NICK, IDAHO FALLS I CAN'T GET THIS OUT OF MY HEAD. YOU GOTTA THINK ABOUT THIS. LOW BIDDERS. WHEN YOU GROW ACROSS A SPAN BRIDGE, JUST REMEMBER THAT'S BEEN BUILT BY A LITTLE BETTER. JUST KEEP THAT IN MIND. THAT'S ALL A LITTLE. THE LOWEST RESPONSIBLE. YES. SO I AM I AM GOING TO THROW THAT OUT THERE. THERE IS THAT KEY AS WELL. QUALIFIED FOR LOWEST REASONABLE AND RESPONSIBLE CARE.

[02:35:02]

SO THANK YOU, MISTER. I'M JUST SAYING JUST HOW ABOUT A LITTLE LEVITY. I WANT TO THANK THE MAYOR AND THE CITY COUNCIL. I APPRECIATE ALL YOU DO. AND I REALLY DO APPRECIATE THE TRANSPARENCY. THANK YOU VERY, VERY MUCH. IF THIS DEVELOPMENT IS APPROVED, I KNOW WE'VE ALL DONE OUR WORK AND WE'RE ALL FROM OUR NEIGHBORS, BUT WE WOULD ASK THAT YOU AGAIN, RECONSIDER THIS BECAUSE OF OF THIS, BY THE WAY, MY PROPERTY IS ONE THAT BACKS UP TO THIS NEW DEVELOPMENT. RYAN, I HAVE YOU HERE. I CAN SHOOT HOLES THROUGH THOSE BULLET POINTS OF YOURS, BUT WE'LL LEAVE THAT AT THAT. ONE OF THE THINGS I WANTED TO BRING UP, I READ THAT DEAL ON MIGRATORY BIRDS. RIGHT NOW I'VE GOT 12 BEAUTIFUL DUCKS COMING INTO MY YARD THAT THAT NEST ON THAT NEW SWEDEN BANK. AND THE REASON I BRING IT UP IS IF THIS DEVELOPMENT GOES THROUGH, CAN WE JUST ASK THAT THE CONTRACTOR. BE MINDFUL OF THAT AND KEEP A DISTANCE DURING THE NESTING PERIOD, WHICH IS ACCORDING TO THE MIGRATORY SERVICES, THROUGH THE END OF JUNE, PARTWAY THROUGH JULY 50 TO 100FT. IF THEY WOULD JUST BE AWARE OF THAT. NUMBER TWO IS THEY'VE THROWN THAT PLOT PLAN BACK AT US THE SAME AS IT WAS BEFORE, WHICH KIND OF MAKES ME A LITTLE UPSET. THEY HAVEN'T SHOWN ANY UPGRADES, I THINK. I CAN'T REMEMBER IF IT WAS MR. FRANCIS OR MR. FREEMAN POINTED OUT. A FENCE, PRIVACY FENCE. I DON'T SEE THAT. AND I'M A LITTLE FRUSTRATED WITH THE FACT THAT THAT THAT'S NOT SHOWN. I DON'T HAVE A FENCE ON MY BACKYARD FOR A REASON. I, I LIKE THE OPENNESS. OKAY, WELL, IF I'M GOING TO HAVE NEIGHBORS, I WANT THE CONTRACTOR TO BUILD A PRIVACY FENCE AT THEIR EXPENSE ON THEIR PROPERTY. THE OTHER THING IS I DON'T SEE ANY ELEVATIONS ON THEIR PLOT PLAN. THE GRADE ON THAT. TERRY SMITH MENTIONED THE THE DRAINAGE, THE THE DRAINAGE STARTS AT THE CORNER OF BELEN OR EXCUSE ME.

AND BLUEBERRY AND SLOPES DOWN THROUGH MY PROPERTY INTO MY NEIGHBORS. MY NEIGHBOR'S PROPERTY IS ABOUT ONE FOOT LOWER THAN MINE. SO IF THEY WERE TO BUILD THIS AGAIN, I HAVEN'T SEEN THEIR ELEVATIONS. WHAT'S GOING TO HAPPEN? MY NEIGHBOR'S BASEMENT AND I DO KNOW SHE FLOODS, SO I'M CONCERNED ABOUT THAT. I'VE ALSO BROUGHT UP THE FACT THAT I'M CONCERNED ABOUT THE KIDS ON THAT CANAL WITH NO SAFETY FENCE. THAT IS A VERY STEEP CANAL. AND I WOULD REQUEST THAT THE CITY REQUIRE THEM TO BUILD THAT. AS FAR AS AMENITIES, I THINK THAT'S A BUNCH OF NONSENSE, WHAT THEY'RE OFFERING. I'M ASKING WHAT THE WHAT THE CONTRACTOR WOULD DO TO BENEFIT THE THE NEIGHBORHOOD AND THIS CITY. AND IT NEEDS TO BE, OF COURSE, IN OUR DEVELOPMENTAL AREA. AND. LET'S SEE, I'M CONCERNED A LITTLE BIT ABOUT OUR ENVIRONMENT. IF YOU NOTICE, WE HAD A LITTLE WIND LATELY WITH ALL THE CONSTRUCTION GOING ON. AND I THINK YOU'VE SEEN IT DOWNTOWN HERE, ALL THE DUST IN THE AIR, I HATE TO TELL YOU, BUT THAT CAME FROM THE FARMER'S FIELDS ACROSS OUR PROPERTY. BUT I ACTUALLY CALLED THE ENVIRONMENTAL PEOPLE AND SAID, HEY, WHAT CAN YOU DO ABOUT THIS? ALL THIS DIRT ON THE CORNER OF PALOMA AND BELEN. AND THEY WENT OUT THERE AND LOOKED AT AND TALKED TO THE CONTRACTOR AND THEY ALL AND THEY WATERED IT DOWN ONE DAY. THAT WAS IT. I WOULD HATE TO BE ON THE EAST SIDE OF THAT PROJECT. I'M CONCERNED THAT, AGAIN, OUR ENVIRONMENTAL PEOPLE ARE TOO BUSY TO DO THEIR JOBS RIGHT. AND I'M BLAMING THEM. THEY'RE GOOD PEOPLE. THEY'RE JUST TOO BUSY. I ALSO CALLED THE CITY ON AND I CAN'T REMEMBER WHERE IT WAS PUBLIC WORKS DEPARTMENT. I CAN'T REMEMBER ABOUT THE AMOUNT OF DIRT AND GRAVEL COMING OUT ONTO THE ROADS FROM THE CONSTRUCTION SITE. THEY ENDED UP PUTTING GRAVEL IN THERE TO HELP, BUT STILL, IT WAS STILL A MESS. AND I'M CONCERNED ABOUT THAT. SO I JUST WONDERED IF THIS PROJECT GOES THROUGH.

LET'S HAVE THE CITY BE RESPONSIBLE TO SEE THAT THE CONTRACTOR DOES THEIR JOB, THAT THEY'RE REQUIRED TO DO, AND AGAIN, I JUST, I JUST FEEL LIKE I'M A LITTLE BIT BULLIED TONIGHT. RYAN. I'M SORRY, BUT IT'S JUST THE WAY I FEEL. AND AGAIN, I APPRECIATE YOU AND THAT'S ALL I'VE GOT TONIGHT. THANK YOU. MR. YOU KNEW I WAS RIGHT THERE ON. YES. I HAVE A QUESTION FOR YOU. YES. CAN YOU SHOW ME EXACTLY WHERE THAT CANAL IS YOU'RE TALKING ABOUT WITH THE RIVERS. AND I THINK THAT'S THE RIGHT SLIDE. THAT'S RIGHT. IT LOOKS LIKE A ROAD, BUT IT'S NOT A ROAD. A ROAD. IT'S THAT GRAY AREA THAT FOLLOWS. IT HAS THE TREES ALONG.

IT GOES ALONG WITH CANAL. WHERE'S THE POINTER? POINTER? THAT'S WHERE I WANT. YOU SEE

[02:40:02]

THE GRAY AREA ON THE DIAGONAL LINE? THE CANAL IS RIGHT THERE. THERE'S NO ROAD THERE AT ALL.

CORRECT? NO, NO. THAT'S ALL. SCHOOL HASN'T FINISHED THE ROAD. THEY COULD HAVE A WAY FOR THEM TO GET OUT. YEAH. RIGHT THERE. YEAH. AND IT'S AND IT IS VERY STEEP. I REALLY WISH YOU'D GO OUT AND TAKE A LOOK AT IT. I HAVE, HAVE YOU. THANK YOU. PROTECT MY DUCKS. MY NAME IS NICOLE AND I LIVE IN IDAHO FALLS. I DO HAVE SOME QUESTIONS. AND IF YOU CAN'T ANSWER, I UNDERSTAND. FOR THE DEVELOPER. BUT WITH THE SCHOOL BEING ON THE OTHER SIDE OF THAT LOT OF LAND, THEY HAVE A FENCE. BUT WHAT ABOUT THE KIDS THAT ARE WALKING TO SCHOOL FROM THAT SUBDIVISION? IS THAT CANAL GOING TO BE COVERED? IS THERE GOING TO BE A PATHWAY? AND THEN MY NEXT QUESTION WOULD BE WHERE? AND I DON'T KNOW WHAT YOU GUYS CALLED IT. YOU GUYS HAVE FANCY WORDS, BUT THE PICTURE WHERE THEY KIND OF SHOWED THE HOMES. RIGHT? RIGHT. YEAH. THE ELEVATION. ELEVATION. YES. THANK YOU. WHERE THEY'RE GOING TO PUT THE BASKETBALL COURT THAT IS RIGHT NEXT TO THE CANAL. SO SAME WITH THAT GENTLEMAN. ARE THEY GOING TO BE REQUIRED TO PUT IN SOME KIND OF FENCE TO PREVENT CHILDREN FROM FALLING INTO THE WATER? WHERE WILL THE SNOW REMOVAL GO? ARE YOU GUYS JUST GOING TO DUMP THAT STRAIGHT INTO THE CANAL BASE? AND IF THERE IS ANIMALS THERE, THEN THAT BRINGS UP A WHOLE NOTHER LINE OF QUESTIONS. SO PLEASE CONSIDER THOSE AS YOU GUYS CONSIDER THIS, BECAUSE THAT IS A HUGE CONCERN WITH DROWNINGS. IF YOU'RE GOING TO HAVE CHILDREN PLAY BASICALLY RIGHT NEXT TO THE CANAL. SO THANK YOU. KIRI WILSON. I'M REZA, I LIVE IN THE NEIGHBORHOOD, THOUGH NOT RIGHT NEXT TO THIS DEVELOPMENT FOR FOLKS. A COUPLE OF THINGS. I JUST WANTED TO POINT OUT THAT WE DISCUSSED THAT HAVE BEEN BROUGHT UP AND DISCUSSED, AND I WON'T I DON'T WANT TO BELEAGUER OTHER POINTS OTHER PEOPLE HAVE MADE, BUT I DO WANT TO POINT OUT ONCE AGAIN, THEY'RE CALLING FOR 20FT DRIVEWAYS. IF YOU DRIVE THROUGH ANY, ANY APARTMENT COMPLEX, ANY TOWNHOME COMPLEX, YOU'RE GOING TO SEE A GOOD NUMBER OF LONG BED TRUCKS BECAUSE IT'S WHITE COLLAR PEOPLE OR BLUE COLLAR PEOPLE WHO ARE GOING TO BE LIVING IN THOSE TOWNHOMES, AND THEY'RE GOING TO BE DRIVING THOSE TRUCKS. AND THOSE TRUCKS ARE 22.8FT AS A LONG BED, AS A SHORT BED. THEY'RE 20.8FT A REGULAR BED. SO REGARDLESS IF ANYBODY HAS A TRUCK THAT IS ANY OF ANY SIZE, DOESN'T MATTER IF IT'S AN F-150, AN F-350, OR ANYTHING IN BETWEEN, YOU'RE GOING TO HAVE HANGOVER HANGING OUT INTO THE DRIVEWAY. I HAVE REAL CONCERNS ABOUT THAT BECAUSE I HAVE TRIED TO DRIVE DOWN THOSE APARTMENT LANES. YOU GO TO THE RISING SUN TOWNHOMES, WHICH WE DON'T HAVE A PICTURE THAT'S A LITTLE BIT LARGER TO SHOW, BUT IT'S JUST AROUND THE CORNER FROM THIS AREA AND IT IS SUCH TIGHT PARKING AND SUCH A TIGHT, NARROW AISLE WAY TO GET BETWEEN THOSE UNITS THAT IT'S NEXT TO IMPOSSIBLE WHEN YOU'VE GOT TWO BIG TRUCKS PARKED BACK TO BACK, WHICH EVERYBODY HATES, BECAUSE THEN NOBODY CAN PULL OUT. SO I WANT TO JUST MAKE SURE THAT THAT'S EXTRA CLEAR, JUST TO GIVE PERSPECTIVE ON, ON THE SIZE THAT THEY'RE ASKING FOR. THE OTHER THING I WANT TO CALL OUT TO MAY, THE WORD MAY IS CAN CHOOSE TO DO SO AT THEIR DISCRETION. IT DOES NOT MEAN YOU HAVE TO. IF IT WAS YOU HAD TO, IT WOULD BE CALLED SHALL.

FROM A LEGAL STANDPOINT, IF YOU LOOK AT PURPOSE C OF THE POD REQUIREMENTS, IT SAYS ACHIEVE A COMPATIBLE LAND USE RELATIONSHIP WITH THE SURROUNDING AREA. THIS IS NOWHERE NEAR COMPATIBLE WITH THE REST OF THE AREA. THEY'RE ASKING FOR SOMETHING LIKE BRIDGET HAD SAID EARLIER, THAT IS FOUR TIMES MORE DENSE THAN WHAT WE HAVE NOW IN THE SURROUNDING AREA. I ALSO WANT TO POINT OUT WE HAVE HAD WE HAVE 66 TOWNHOMES BEING BUILT ONE BLOCK OVER. WE HAVE 156 TOWNHOMES AND DUPLEXES THAT WERE JUST BUILT FOUR YEARS AGO.

WE HAVE 56 TOWNHOMES JUST TO THE NORTHWEST THAT WERE BUILT IN THE LAST TWO THREE YEARS. WE HAVE 40 PLUS APARTMENTS THAT WERE BUILT IN THE LAST FIVE YEARS. THIS IS ALL WITHIN A HALF OF A MILE FROM THIS LOCATION. WE HAVE 12 UNITS DOWN A LITTLE BIT FURTHER NEXT TO THE FIRE STATION THAT IS SQUISHED RIGHT NEXT TO THE FIRE STATION. AND I UNDERSTAND THE

[02:45:02]

PURPOSE OF INFILL AND I UNDERSTAND WHY WE HAVE IT. BUT THE WAY THAT THIS IS DESIGNED IS NOT FOR PUBLIC AMENITIES. IT DOES NOT PROVIDE FOR THE PUBLIC. IT PROVIDES FOR THE PEOPLE THAT ARE LIVING THERE. BUT THAT'S IT. BUT A POD SPECIFICALLY STATES THAT IT'S FOR PUBLIC, NOT JUST FOR THE PEOPLE THAT ARE LIVING THERE. SO I THANK YOU FOR YOUR TIME. I THANK YOU SO MUCH FOR DENYING PREVIOUSLY, AND I HIGHLY ENCOURAGE AND REQUEST TO DENY AGAIN, THANK YOU. AND I WANT TO JUST MAKE ONE OTHER POINT. IF IT DOES GO TO LITIGATION, THIS IS THE KIND OF THING THAT WE LIKE OUR TAX MONEY TO GO TO, TO FIGHT FOR OUR HOMES, TO FIGHT FOR OUR NEIGHBORHOODS, TO FIGHT FOR OUR NEIGHBORS AND THEIR PROPERTY, FOR PEOPLE WHO ARE RETIRED.

THEY'RE NOT LEAVING. AND THIS IS THEIR RETIREMENT PLAN. AND IF THEY HAVE TO LEAVE AT SOME POINT BECAUSE THEY'RE NO LONGER ABLE TO TAKE CARE OF THAT, IT'S NOT FAIR TO THEM TO HAVE A 30 YEAR PLAN GO DOWN THE TUBES BECAUSE A DEVELOPER DECIDED TO BUY SOMETHING AND REQUEST FOR EXTRA PRIVILEGES. THANK YOU, MISS WILSON. GOOD EVENING. IDAHO FALLS. ONE OF THE THINGS THAT THE APPELLANT INTRODUCED IS A LEGAL THEORY THAT BECAUSE OTHER THINGS WERE APPROVED, OTHER PUDS, THAT THERE'S TO BE APPROVED. OF COURSE, NOT AN ATTORNEY AND CERTAINLY NOT YOUR GUYS'S ATTORNEY. I DON'T BELIEVE THAT'S A SOUND LEGAL THEORY. I THINK IT'S A RECENT PROJECT DEVELOPMENT LLC VERSUS TWIN FALLS COUNTY, 2024. THE IDAHO SUPREME COURT RULED THAT JUST BECAUSE THEY APPROVED SUBDIVISIONS WITH ONLY ONE EGRESS, THE APPELLANT ARGUED THAT THAT WASN'T A VALID REASON TO DENY THEIRS. THE SUPREME COURT UPHELD THE DENIAL. OF COURSE, THE ATTORNEY WILL KNOW MORE ON THAT. BUT HOWEVER, ON THE PROJECT ITSELF, IT KIND OF SEEMS LIKE WHAT'S HAPPENING HERE IS MAYBE SOME PEOPLE GOT USED TO A VIEW THAT THEY DIDN'T OWN, AND NOW THEY WANT IT TO STAY THAT WAY. YOU KNOW, A LOT OF THE IMPACTS OF THE THIS, THIS DEVELOPMENT ARE GOING TO BE BURDENED BY THE, THE PEOPLE THAT ARE GOING TO BE BUYING THE PRODUCT THAT THE DEVELOPER IS OFFERING. IT DOESN'T SOUND LIKE THEY'RE REQUESTING A VARIANCE ON THE REAR END. SO THAT WOULD PROBABLY BE THE BIGGEST IMPACT TO THE NEIGHBORS. AS FAR AS THE FRONT. THAT SEEMS LIKE WE'RE THE BIGGEST VARIANCES IS AT THE STREET VIEW THE STREETSCAPE.

WELL, WHO'S GOING TO SEE THAT? IT'S THE PEOPLE THAT ARE GOING TO LIVE IN THE NEIGHBORHOOD.

IT'S INTERESTING, YOU KNOW, SOME OF THE COMMENTS ON THE CANAL, I LIVE OFF OF 12TH STREET, AND ONE OF THE BEST THINGS THAT HAPPENED TO OUR NEIGHBORHOOD IS WHEN PARKS AND REC PAVE THE THE CANAL. IT'S AWESOME WALKING NEXT TO THE CANAL. SO HERE ARE THE CONCERNS OF LIKE, WELL, WE NEED TO FENCE THE CANAL. I'M LIKE, NO, IF I LIVE THERE, I WOULDN'T WANT YOU TO FENCE THE CANAL. I LOOK FORWARD TO THE DAY THAT MAYBE THE CITY EXPANDED THAT BIKE PATH TO THIS CANAL, AND THEN HAVE IT HAVE ACCESS TO THE CANAL. THIS IS AWESOME. I MAY RUN ON IT. I SEE PEOPLE USING IT ALL THE TIME. YOU PROBABLY USE IT JUST AS MUCH AS REGULAR PARK. YEAH, I DON'T HAVE TOO MANY OTHER OTHER COMMENTS ON IT. IT SEEMS LIKE THIS IS SOMETHING THAT SHOULD BE APPROVED. YOU KNOW, THERE'S SOME COMMENTS ON THAT. THIS NEEDS TO BE LIKE A PUBLIC GOOD AND, YOU KNOW, DON'T REALLY UNDERSTAND THAT MINDSET THAT THE PUBLIC IS OWED SOMETHING THAT A DEVELOPER WANTS TO BUILD ON THEIR OWN LAND. NOT TO MENTION THAT WITH THESE NOT BE PUBLIC, WOULD THESE NOT BE CITIZENS? WOULD THEY NOT BE MOVING IN AND BE CONSIDERED? THE PUBLIC IS HOUSING NOT A PUBLIC GOOD, LOWER HOUSE PRICES. THIS IS GENERALLY SOMETHING THAT ROOM FOR THE PUBLIC. I THINK THAT'S THAT'S ALL I GOT. THANK YOU.

THANK YOU, MR. WHIPPLE. I'VE GOT COPIES OF WHAT I'M GOING TO TALK ABOUT. SO ALL OF YOU HAVE A COPY OF IT. I APOLOGIZE, I DID THIS FOR FIVE MINUTES BECAUSE THE LAST TWO TIMES I WAS HERE, I HAD FIVE. I TRY TO TALK FAST, BUT I'M NOT GOING TO HAVE MUCH. I CANNOT TEXT, SO I APOLOGIZE FOR THAT. GOOD EVENING, MAYOR AND CITY COUNCIL. MY NAME IS JOHN JOHNSON AND I AM A CITIZEN OF IDAHO FALLS. I AM HERE TO SUPPORT THE COUNCIL'S DENIAL OF THE BEAR HUNTER HOLDINGS APPLICATION, AND I WANT TO ADDRESS THE RECONSIDERATION REQUEST FIRST.

UNDER IDAHO LAW, YOU DID P U D. I'M GOING TO CALL IT A POD. I APOLOGIZE. APPROVALS ARE DISCRETIONARY. IDAHO SUPREME COURT MADE THIS CLEAR IN KREMPASKY VERSUS NEZ PERCE

[02:50:03]

COUNTY PLANNING AND ZONING. 150 IDAHO. 231. THAT SHOULD BE IN YOUR COPY. THEY ALSO IN THAT THEY SAID THAT THE COUNCIL HAS THE RIGHT TO EVALUATE EACH APPLICATION ON ITS MERITS IN HILL VERSUS BLAINE COUNTY 2024, THE COURT DEFINED AN ARBITRARY ACTION AS ONE THAT IS DONE WITHOUT A RATIONAL BASIS. TWO DISTINCT, RATIONAL AND LEGALLY SOUND BASIS FOR DENIAL WERE GIVEN IN THIS DENIAL. UNDER TWO ACRES DOES NOT MEET THE REDEVELOPMENT CRITERIA AS INTENDED BY THE ORDINANCE. IT'S UNDER TWO ACRES AND THE STREETSCAPE WOULD BE DOMINATED BY PARKED VEHICLES AND GARAGE ENTRANCES. SECOND, THE COUNCIL IDENTIFIED LEGITIMATE GROUNDS FOR DENIAL. THE SUB TWO ACRE SIZE AND STREETSCAPE DESIGN CONCERNS ARE VALID. PLANTING PLANNING CONSIDERATIONS ORDINANCE GIVES THE COUNCIL DISCRETION TO WEIGH THESE FACTORS. THE COUNCIL'S DECISION WAS SUPPORTED BY SUBSTANTIAL EVIDENCE IN THE RECORD, INCLUDING SITE PLANS SHOWING GARAGE DOMINATED STREETSCAPE AND TESTIMONY FROM NEIGHBORS ABOUT TRAFFIC CONCERNS. THIRD, PRIOR APPROVAL OF SMALL HUDS DON'T CREATE ENTITLEMENT. EACH PROJECT HAS UNIQUE CHARACTERISTICS. THE APPLICANT HAS SHOWN THESE PRIOR HUDS WERE MATERIALLY IDENTICAL TO THIS ONE. NOW YOU'VE ALL SEEN THE ON THE SCREEN WITH THE DIFFERENT APPROVALS WERE FOR THOSE FOUR THAT WERE NOTED. I'M GOING TO GIVE YOU AN EXAMPLE. SHAQUILLE O'NEAL AND I SHARE THE SAME HAIRCUT. DOES THAT MAKE US MATERIALLY IDENTICAL? NO, HE'S MUCH TALLER THAN I AM AND HE'S BETTER AT BASKETBALL. ON THE NEXT PAGE. NONE OF THESE PODS THAT WERE PREVIOUSLY GRANTED ARE MATERIALLY IDENTIFIED OR IDENTIFIED. FINALLY, AND I APOLOGIZE FOR RUSHING THROUGH THIS, I WANT TO GIVE OTHER PEOPLE TIME. FINALLY, THE MANUFACTURER STANDARDS ARGUMENT MISSED THE POINT. THE COUNCIL CAN ESTABLISH REASONABLE INTERPRETATIONS OF ORDINANCE REQUIREMENTS. THAT IS PART OF THE PLANNING ROLE UNDER IDAHO CODE 676535, APPROVAL STANDARDS MUST BE SET FORTH IN EXPRESS TERMS IN THE ORDINANCE. THIS MEANS THE CRITERIA ARE MANDATORY REQUIREMENTS, NOT SUGGESTIONS. THE PUD CRITERIA ARE CONJUNCTIVE CONJUNCTIVE, MEANING ALL MUST BE SATISFIED. THE APPLICANT CANNOT ARGUE THAT SATISFYING EIGHT ITEMS CURES THE FAILURE OF THE NINTH ITEM. I RESPECTFULLY REQUEST THAT THE CITY COUNCIL UPHOLD ITS ORIGINAL DECISION. NOW, AS A CAVEAT, I TRY TO BE DILIGENT IN MY RESEARCH. I AM NOT AN ATTORNEY. I'M JUST A REGULAR PERSON. SO IF I'VE LED YOU ASTRAY, IT WASN'T WITH MALICE. YOU HAVE MY NOTES. YOUR EXPERT CAN TELL YOU WHETHER I WAS AN ERROR OR NOT. BUT I BELIEVE THAT YOU MADE A CONSCIENTIOUS, SUBSTANTIAL DECISION ON THE PREVIOUS MEETING. AND I DO RECALL YOU FOLKS GIVING US A CAUTIONARY WARNING AS WE STOOD UP TO LEAVE THIS ROOM, THAT THE DEVELOPER HAS THE RIGHT TO DEVELOP THE LAND WITHOUT ASKING FOR THE PUD. THERE ARE CERTAIN ALLOWANCES THAT THEY ARE AUTOMATICALLY GRANTED BECAUSE THEY'RE THE PROPERTY OWNER. I REMEMBER THAT CLEARLY AND SUCCINCTLY BECAUSE AS WE'RE WALKING OUT THE DOOR, THERE WERE SOME PEOPLE THAT WERE VERY HAPPY, OH YAY, WE WON! AND I WAS LIKE, WE HAVEN'T WON. THEY STILL HAVE THE ABILITY TO DEVELOP THEIR PROPERTY. I DIDN'T WANT ANYBODY TO LEAVE HERE THINKING THAT THIS WAS A PIE IN THE SKY THING. THEY STILL HAD THE RIGHT TO DEVELOP THEIR PROPERTY WITHIN THE BOUNDARIES OF THE LAW. AND I THINK YOU DID A PHENOMENAL JOB LAST TIME. THANK YOU VERY MUCH FOR YOUR TIME. THANK YOU. ANY FURTHER PUBLIC TESTIMONY TONIGHT? YOU DID A GOOD JOB STAYING WITHIN YOUR. YES. THANK YOU. THANK YOU, THANK YOU. WE PRACTICED AT HOME. THANK YOU. OKAY. WITHOUT ANY FURTHER PUBLIC TESTIMONY, I WOULD ALLOW THE APPLICANT TO COME TO THE PODIUM AND HAVE A CHANCE TO REBUT ANY OF THE PUBLIC TESTIMONY GIVEN TONIGHT. FIRST, I'D LIKE TO BEGIN BY EXPRESSING MY GRATITUDE FOR THESE THOUGHTS AND FEELINGS AND CONCERNS, BUT I WOULD LIKE TO REFRAME THE CONVERSATION. OKAY, TONIGHT IS ABOUT ONE THING AND ONE THING ONLY. IT IS ABOUT YOUR DECISION,

[02:55:06]

AS SHOWN IN YOUR FINDING DOCUMENT ON THE 12TH. OKAY? IT IS NOT ABOUT ANY NEW INFORMATION THAT IS PRESENTED TONIGHT. IT IS ABOUT THE APPELLANTS, RIGHT. AND THE POTENTIAL HARM THAT IS BASED ON YOUR DECISION. OKAY. NOW I VALUE ALL OF THE POTENTIAL INPUT, BUT THEY ARE NOT THE APPELLATE. OKAY. AND AS PER THE IDAHO CODE, 67 DASH 6535, NO NEW INFORMATION CAN BE BROUGHT AT THIS MEETING. OKAY. WE ARE BOUND BY THE RECORD IN WHICH WE ARE DEBATING, OKAY, THIS IS NOT THAT RECORD. SO WE ARE TALKING ABOUT THE MEETING THAT HAS PREVIOUSLY OCCURRED AND THE DECISIONS THAT ARE RESULT OF THAT MEETING. NOW, I VALUE YOUR INPUT. OKAY. AND BECAUSE WE VALUE YOUR INPUT, I AM WILLING AND I AM GOING TO TRY TO ADDRESS AS MANY OF YOUR CONCERNS AS POSSIBLE. AND THEN I WILL SUMMARIZE AND CLOSE.

FIRST. I, MAYOR, DO I DO UNDERSTAND, BUT WHEN WE FORMALLY ASKED FOR AN AVENUE OF APPROVAL, WE ARE SPECIFICALLY ASKING FOR AN AVENUE OF APPROVAL OF THE APPLICATION AS PRESENTED. IT IS NOT AN ARBITRARY APPROVAL IN ANOTHER METHOD, UNDER ANOTHER STANDARD, IN ANOTHER ZONING, IT IS CLEARLY STATED AS THE APPLICATION WAS PRESENTED, WHAT CORRECTIVE MEASURES COULD WE HAVE TAKEN IN ORDER TO RECEIVE APPROVAL? OKAY, NOW THAT IS WHAT WOULD HAVE BEEN EXPECTED IN THAT MEETING SO THAT WE WOULD HAVE THE OPPORTUNITY TO MAKE THOSE CORRECTIONS AND BRING IT BACK TO YOU FOR APPROVAL. THAT OPPORTUNITY WAS DENIED US. OKAY. SECOND. OKAY. COUNCIL MEMBER FRANCIS, I'D LIKE TO SPEAK VERY QUICKLY ABOUT OKAY, YOUR YOUR REFERENCE TO A 220 FOOT LENGTH FOR PUBLIC ACCESS. OKAY. NOW, THAT NOTION IS GREAT, BUT NOWHERE IN YOUR ESTABLISHED CRITERIA OR STANDARDS HAVE YOU DECLARED A DISTANCE IN WHICH SOMETHING IS REQUIRED AND TO BE. DEFINED AS AS PUBLIC. NOW, IF YOU WOULD LIKE THAT TO BE A STANDARD, OKAY, IT NEEDS TO BE CODIFIED BECAUSE WE, AS MUCH AS DEVELOPERS AND ENGINEERS AND AS A SET AND AS A CITY COUNCIL IS BOUND BY THE CODE AS CODIFIED.

OKAY. AND SO I WOULD JUST LIKE TO POINT THAT OUT THAT WHETHER THAT MIGHT BE A GREAT CONSIDERATION, IT IS NOT MENTIONED IN YOUR CODE ANYWHERE. AT WHAT DISTANCE OF LENGTH OF TRAVEL DOES SOMETHING HAVE TO BE LOCATED IN ORDER TO BE CONSIDERED PUBLIC? OKAY, SECOND, KATE, YOU DID SAY THAT DURING DELIBERATION. OKAY. YOU PROVIDED HINTS AND POTENTIAL METHODS FOR APPROVAL. BUT REMEMBER THE LEGAL FINDING IN WHICH WE HAVE BASED OUR REQUEST FOR RECONSIDERATION IS YOUR LEGAL RESPONSE THAT WAS PRODUCED ON THE 12TH. NONE OF THOSE HINTS, NONE OF THOSE CONCERNS, NONE OF THOSE WERE RECORDED IN THE FINDING AND THE LEGAL FACT THAT WAS PRESENTED. NOW, IF THOSE WERE METHODS OR AVENUES OF APPROVAL, THEN THEY SHOULD HAVE BEEN INCLUDED IN THAT FINAL DOCUMENT SO THAT WE COULD ADDRESS THEM. ONCE AGAIN, THAT WAS A BENEFIT THAT WAS DENIED TO US. OKAY. I WOULD LIKE TO SPEAK NOW TO A LITTLE BIT OF OF THE APPLICABLE COMMENTS THAT WE HAVE GOTTEN FROM THE GENERAL PUBLIC. WE COMPLETELY UNDERSTAND THAT YOU HAVE THE DISCRETION TO HEAR A POD OF LESS THAN TWO ACRES.

WHAT IS LEGAL CONCERN TO US IS THE APPLICATION OF THAT DISCRETION. HAS YOUR APPLICATION OF DISCRETION BEEN CONSISTENT? IS THERE A SHOWN STANDARD OF HOW YOU ARE APPLYING YOUR DISCRETION? IS THERE A STANDARD IN WHICH YOU CONSISTENTLY USE YOUR DISCRETION ACCORDING TO A STANDARD, OR IS IT COMPLETELY ARBITRARY AND CAPRICIOUS? NOW, MY ARGUMENT IN PRESENTING THE FOR PUDS IS YOU DID NOT GIVE US A LEGAL REASON WHY YOU CHOSE TO

[03:00:10]

APPLY YOUR DISCRETION IN AN OPPOSITE WAY, IN OUR INSTANCE, THAN YOU DID IN THE PREVIOUS.

OKAY. BY NOT CLEARLY EXPLAINING OR FOLLOWING A STANDARD OF YOUR APPLICATION OF DISCRETION THAT IS ARBITRARY AND CAPRICIOUS. OKAY. IF YOU. OKAY. SECOND, IT WAS STATED THAT THE MAJORITY OF OUR PROJECT IS NOT A PLATTED PARCEL. THAT IS INCORRECT. IT IS PART OF BLOCK FOUR OR EXCUSE ME, BLOCK FIVE, LOT FOUR OF DIVISION THREE FROM 1978. OKAY. SO YES, THERE IS, AS SHE POINTED OUT, SMALL RESIDENTIAL LOTS ALONG PLUMBING. BUT BEHIND THAT IS THE LARGER LOT. THAT IS THE BULK OF OUR PROJECT. SO ONCE AGAIN, AS A PLATTED LOT, IT IS REDEVELOPMENT. OKAY, WE HAVE ISSUES WITH YOUR APPLICATION OF YOUR DISCRETION IN DENYING THIS BECAUSE YOU HAVE SHOWN NO CONSISTENCY, NO STANDARD. OKAY. ALSO, IT WAS BROUGHT TO OUR ATTENTION THAT A 20 FOOT PARKING STALL IS JUST NOT ADEQUATE. YOU AS COUNCIL AS WELL AS WE AS DEVELOPERS, I WOULD LIKE TO LET YOU GUYS AS PUBLIC KNOW THE STANDARD PARKING STALL IN WHICH WE ARE REQUIRED TO DESIGN TO IS TEN BY 20. OKAY. WE HAVE A STANDARD THAT WE HAVE TO APPLY TO FOR.

SO I DRIVE A, A 2019 FORD F-350. IF I WAS DESIGNING FOR MYSELF, MY STALLS WOULD BE 18FT WIDE BY 30FT LONG. UNFORTUNATELY, WE ARE BOUND BY STANDARD. WOULD YOU WOULD YOU MIND ADDRESS ADDRESSING THE COUNCIL? YES, PLEASE. SO COUNCIL. OKAY. I DRIVE A VERY LARGE TRUCK. IF I WAS DESIGNING FOR ME, I WOULD DESIGN 18 BY 30. UNFORTUNATELY, THAT IS NOT THE STANDARD THAT WE HAVE BEEN PRESENTED. THE STANDARD THAT WE HAVE BEEN PRESENTED IS TEN BY 20, AND THEREFORE THAT IS WHAT WE SHOW. WE AT DEVELOPMENT COMPANY AND AS A MUNICIPALITY ARE GOVERNED BY STANDARDS AS THEY ARE RECORDED. OKAY. SECOND, IT WAS ALSO POINTED OUT THAT IT DOES NOT MEET EVERY SINGLE PURPOSE OF A PUD. I WOULD LIKE TO POINT OUT THAT YOUR CODE. NOWHERE DOES IT SHOW THAT YOU MUST MEET EVERY PURPOSE OF A PUD. IT SIMPLY OUTLINES MANY OF THE PURPOSES OF A PUD. THERE IS NO STANDARD AS TO HOW MANY PURPOSES YOU MUST MEET IN ORDER TO RECEIVE APPROVAL, SO THE APPLICATION OF YOUR DISCRETION IN SIMPLY SAYING, WELL, YOU DIDN'T MEET THEM ALL. YOU HAVE NO ESTABLISHED STANDARD TELLING US HOW MANY OF THOSE APPLICATION CRITERIA WE MUST MEET. OKAY, SO WHAT WE'RE ASKING IS WE ARE ASKING FOR YOU TO APPLY YOUR DISCRETION CONSISTENTLY AND BASED ON HISTORICAL STANDARD. THE FACT THAT THOSE PUDS IN AND OF THEMSELVES AND THEY GOT APPROVED IS NOT WHAT WE ARE BASING THIS REQUEST ON. IT'S WE WOULD LIKE TO SEE YOU APPLY YOUR DISCRETION IN THE SAME MANNER AND IN THE SAME FASHION AS YOU HAVE CONSISTENTLY DONE IN THE PAST. NEXT. WE HEARD THAT IT DOES NOT MEET THE CHARACTER AND THE DEFINITION OF THE NEIGHBORHOOD. MY QUESTION TO YOU WHAT IS THE CITY'S DEFINITION OF NEIGHBORHOOD? ARE WE LOOKING AT A 16TH OF AN ACRE, A A A HALF OF AN ACRE? OKAY. CAN WE GO OUT TWO MILES NOW, I UNDERSTAND THAT THAT OUR DEVELOPMENT IS DISSIMILAR TO HOUSES DIRECTLY BY US, BUT WITHIN A QUARTER MILE WITH A HALF A MILE, THERE ARE AMPLE, AMPLE EXAMPLES OF SIMILAR HOUSING TYPES AND SIMILAR DENSITIES. WELL, WITHIN WHAT I WOULD CONSIDER THE NEIGHBORHOOD. OKAY, THE QUESTION THAT I WOULD ASK YOU IS WHAT IS YOUR DEFINITION OF A NEIGHBORHOOD? IS IT SIMPLY THE ADJACENT STREETS? AND THAT IS ALL, OR IS IT THAT ENTIRE SUBDIVISION? IS IT THE THREE NEIGHBORING SUBDIVISION? AND OUR ARGUMENTS ARE IF YOU WERE TO STEP OUT FAR ENOUGH, YOU COULD FIND SIMILAR

[03:05:08]

HOUSING TYPES AND SIMILAR DENSITIES. WELL, WITHIN WHAT WE WOULD CONSIDER THE NEIGHBORHOOD.

SO IN ESSENCE, WE ARE MATCHING THE CHARACTER AND FEEL OF THE NEIGHBORHOOD. OKAY. IT WAS ALSO MENTIONED THAT, WELL, WE HAVEN'T DONE ANY ADJUSTMENTS TO OUR PLAN. I WANT TO POINT OUT THAT THAT IS NOT THE REASON FOR THIS MEETING. WE ARE LITERALLY NOT ABLE TO MAKE PLAN CHANGES, TO SHOW NEW FENCES, TO SHOW ALL OF THE THINGS THAT IF ANYONE WERE TO LOOK BACK IN THE RECORD, IT WOULD BE CLEARLY STATED THAT WE AS DEVELOPERS ARE LITERALLY WILLING TO DO EVERYTHING WITHIN OUR POWER TO APPEASE AS MANY PEOPLE AS JUSTIFIABLY POSSIBLE. SO WE TALKED TO MR. ROENICK ABOUT WHAT THEY WOULD LIKE WITH THEIR FENCE. IF YOU GO BACK TO THE MEETINGS AND YOU LOOK AT THE MINUTES OF THE PUBLIC MEETINGS, IF YOU GO BACK TO THE ZONING MEETING, OKAY, OVER AND OVER AGAIN, WE HAVE SHOWN OUR WILLINGNESS TO DO WHAT WE CAN TO PROVIDE A BENEFIT FOR THOSE IMMEDIATELY, YOU KNOW, AROUND US. OKAY. BUT THAT HAS NEVER BEEN USED AS A BENEFIT TO US.

OKAY. SO LOOK BACK THROUGH THOSE MEETINGS. OKAY. NOW, IN THOSE MEETINGS, IT TALKS ABOUT A LOT OF THESE RESIDENTS WOULD LIKE A CANAL FENCE. WE WOULD LOVE A CANAL FENCE TOO. AND IF WE ARE GIVEN THE OPPORTUNITY, WE MIGHT VERY WELL PUT A FENCE THERE. BUT WHAT I WANT TO POINT OUT IS THAT CANAL EASEMENT IS GOVERNED BY ANOTHER JURISDICTIONAL BODY. I SIMPLY, AS AN ENGINEER, CANNOT THROW A FENCE IN AN EASEMENT THAT IS CONTROLLED BY AN IRRIGATION DISTRICT. EVERYTHING WE DO, WHETHER IT'S FENCING, WHETHER IT'S PATHWAYS, IT'S GOVERNED AND DONE AT THE APPROVAL OF THE IRRIGATION DISTRICT. NOW, IF THIS WERE TO APPROVED AND WE MOVED INTO THE DESIGN PHASE AND, YOU KNOW, AND WE COORDINATE WITH THAT JURISDICTIONAL BODY, THAT QUESTION WILL BE BROUGHT UP. AND IF IT'S A POSSIBLE IF IT'S A POSSIBILITY, IT WILL BE CONSIDERED. OKAY. ANOTHER ISSUE IS WITH DRAINAGE. OKAY. AND I WOULD LIKE TO REITERATE TO THIS BODY THAT IT IS STATE LAW THAT ALL DRAINAGE BE RETAINED ON SITE. WE ARE BOUND, OKAY, TO MAKE SURE THAT HAPPENS. OKAY. IN NO WAY, SHAPE OR FORM WOULD YOUR OWN STAFF ALLOW A PROJECT TO GET APPROVED THAT DOES NOT RETAIN. STORMWATER ON SITE. OKAY, I UNDERSTAND THAT IT'S AN ISSUE, BUT IT IS ONE OF THE MANY ISSUES THAT WE ARE REQUIRED TO REMEDY IN THE REMAINING PROCESS, WHETHER IT IS CONNECTIVITY, WE STILL HAVE A LOT OF WAYS TO GO. I WANT TO REITERATE THAT THAT ALL OF THESE ISSUES WILL BE TALKED ABOUT. THEY WE WILL BE WORKING.

WE WILL CONTINUALLY BE WORKING WITH STAFF. ANY STAFF RECOMMENDATION THAT IS GIVEN, WE WILL GO OUT OF OUR WAY TO COMPLY WITH. BUT IF IT MAKES SENSE, OKAY, LIKE IF IT IS BASED ON A STANDARD, HEY, THIS PLAN IS NOT A DESIGN PLAN. IT IS A SIMPLE PUD. OKAY, I'D LIKE TO TALK TO THE FACT THAT IT WAS STATED THAT IT PROVIDES NO BENEFIT TO THE COMMUNITY. OKAY.

HOW CAN THAT BE? SO WE HAVE GIVEN THE RIGHT OF WAY TO THE CITY OF IDAHO, FALLS THROUGH A NEIGHBORING PROJECT SIMPLY FOR THE CREATION OF THIS PUB THAT IS GOING TO ALLOW THE WIDENING OF BELL AND ROAD. IS THAT NOT A BENEFIT? OKAY. WE HAVE WORKED WITH NEIGHBORING INDIVIDUALS TO BRING THEIR SITE INTO COMPLIANCE AND TO PROVIDE THEM A NEW PARKING LOT, ADDITIONAL GREEN SPACE, AND ADDITIONAL LANDSCAPE. IS THAT NOT A BENEFIT? OKAY. DOES THAT NOT BENEFIT THE PUBLIC? OKAY. WE ARE PROVIDING AND BRINGING TO MARKET. OKAY. RENTAL POSSIBILITIES AND FIRST TIME HOME OWNERSHIP POSSIBILITIES. IS THAT NOT A PUBLIC BENEFIT? OKAY, SO MY QUESTION TO YOU IS HOW MUCH MORE PUBLIC BENEFIT DO YOU WANT US TO PROVIDE? OKAY.

THE NEXT AND WE'VE ALREADY TALKED ABOUT THE FENCE ON THE CANAL. I'D LIKE TO REITERATE THE ONE FOR THE APPLICANT THAT SAID THAT THE OWNERS ARE THESE THE OWNERS OF THESE. THESE UNITS ARE THE PUBLIC. OKAY. LIKE ANYONE, IF THEY ARE THE PUBLIC. OKAY. AND I WOULD JUST

[03:10:08]

LIKE TO CLOSE IN. IN SUMMARY. OKAY, OUR ARGUMENT IS NOT THE MYRIAD OF ADDITIONAL INFORMATION THAT WAS BROUGHT TODAY. OKAY. OUR ARGUMENT IS WITH THE DECISION THAT WAS MADE BASED ON THE ACTUAL PUBLISHED RESPONSE. NOW, WHILE ALL OF THOSE CONDITIONS AND CONCERNS ARE VALID, AND THEY WILL MOST LIKELY BE ADDRESSED IN SOME FORM OR FASHION AS WE CONTINUE THE DESIGN PROCESS, OUR MAJOR ISSUE IS WITH THE DECISION MADE BASED ON THE FACTS THAT WERE PRESENTED AT THE TIME OF THE MEETING. OKAY. OUR ISSUE IS, IS NOT SIMPLY THAT WE WANTED TO BE ARBITRARILY APPROVED BECAUSE YOU'VE PREVIOUSLY APPROVED FOR OTHERS. OKAY. OUR ARGUMENT IS THAT YOUR DISCRETION WAS NOT APPLIED CONSISTENTLY. IT WAS APPLIED DIFFERENTLY FOR OUR CIRCUMSTANCE. THEN IT WAS APPLIED IN THOSE CIRCUMSTANCES. OKAY. THAT IS WHAT WE ARE ARE SAYING IS THE BASIS FOR THIS REQUEST FOR RECONSIDERATION. AND WITH THAT, I WOULD JUST LIKE TO CLOSE. THANK YOU. OKAY. AT THIS TIME, WE WILL CLOSE THE HEARING AND ALLOW FOR COUNCIL'S DELIBERATION. I, I WOULD ASK. A LEGAL OPINION AS COUNCIL BEGINS TO DELIBERATE. I KNOW WE ARE LOOKING AT THE RECONSIDERATION. IS RECONSIDERATION ALSO CONSIDERED APPROVAL OF THE PUD AS PRESENTED, OR CAN CONDITIONS CONTINUE TO BE PUT UPON THE PUD. IF IT IS RECONSIDERED AND APPROVED? AND I'M A LITTLE UNSURE ABOUT WHETHER THE RECONSIDERATION IS ALSO THE SAME THING AS AN APPROVAL OF THE PUD AS PRESENTED RECONSIDERATION RESULT, EITHER IN APPROVAL, APPROVAL OF CONDITIONS OR DENIAL OR DENIAL OF CONDITIONS. OKAY. THANK YOU.

SO. ANY COUNCIL MEMBERS WHO WOULD LIKE TO. I CAN START. YES. SO THIS ONE, THIS ONE IS I'M TORN, BUT I'LL PRESENT A COUPLE OF THE THINGS THAT SOME OF THE THOUGHTS THAT I'VE HAD, BECAUSE I'M INTERESTED TO HEAR WHAT THE REST OF THE COUNCIL HAS TO SAY TONIGHT. FIRST OF ALL, I. IN GENERAL, I LOVE PUDS. I LOVE WHY WE HAVE THEM. I LOVE WHAT THEY'RE ABLE TO ALLOW US TO, TO FACILITATE, FACILITATE FURTHER DEVELOPMENT OF, OF PARCELS THAT HAVE CHALLENGES. RIGHT? I LOVE INFILL ON THIS PARTICULAR DESIGN. THE RENDERINGS THAT I SAW WHILE AGAIN, I RECOGNIZE THEY'RE NOT FULL ENGINEERED DRAWINGS. I DIDN'T, I DON'T MIND THE PRODUCT RENDERINGS WHERE MY CHALLENGES COME. AND AGAIN, I THINK THIS IS WHY OUR, OUR CODE IS STATED THE WAY IT IS, IS THAT WHEN PARCELS ARE LESS THAN TWO ACRES, THAT SIZE ALONE GENERATES SIGNIFICANT CHALLENGES AND CONSTRAINTS, WHICH IS WHY IT GIVES US THAT DISCRETION TO LOOK AT WHAT'S BEING PROPOSED. AND SO AS I LOOK AT THIS IN PARTICULAR, THE TWO OF THE THINGS THAT I HAVE THE MOST CHALLENGE WITH IS WHEN YOU HAVE THE COMBINATION OF THE BOTH THE DRIVE AISLE AND THEN THE REDUCTION, THE REQUESTED REDUCTION IN VARIANCE TO THE FRONT SETBACK, IT DOES MAKE THAT. SO JUST SUCH A NARROW FOR SUCH A NARROW DRIVE TO FACILITATE ALL THE NEEDS OF THE DEVELOPMENT. I HAVE CONCERNS WITH THAT. AND THAT THIS PARTICULAR ONE IS ALSO IS REQUESTING A VARIANCE THAT IS REQUESTING GREATER THAN THE R1, R1 DENSITY. SO I HAVE THOSE TWO THINGS THAT ARE CONCERNS FOR ME. COUNCIL MEMBER. FREEMAN. SURE. I GOT A LIST AGAIN. I HAVE TO GIVE YOU A PLUS FOR BRINGING THE NEIGHBORHOOD CHURCH INTO COMPLIANCE, IMPROVING THEIR PARKING. AND I DO AGREE THAT THERE'S A NEED FOR INFILL AND PODS ARE A VEHICLE FOR THAT. I AGREE WITH THAT. WE TALKED EARLIER THOUGH, ABOUT YOU MENTIONED THAT WE DIDN'T GIVE

[03:15:01]

YOU OPTIONS WHEN WE WHEN WE DIDN'T APPROVE IT. AND I THINK WE DID. I THINK WE TALKED ABOUT REDUCING THE NUMBER OF UNITS AND BEING IN COMPLIANCE. THAT WAY, IF YOU REDUCE THE NUMBER OF UNITS TO 12, THEN OR 11, THEN YOU WOULD HAVE BEEN ABLE TO DO THIS JUST IN THE R1 ZONE.

I COULD SUGGEST AT THIS TIME THAT THIS WOULD BE A GOOD PROPERTY FOR FOR TINY HOMES, FOR, FOR SMALL, FOR SMALL HOMES, THAT WAY THAT YOU COULD STILL HAVE YOUR STREET WIDTH AT THAT TIME. YOU COULD HAVE SMALLER LOT SIZES. AS FAR AS IT DOES A P U DO DOES PROMOTE THE USE OF UNUSED LAND, AND YOU MADE A GOOD CASE THAT THE LAND IS REDEVELOPING. I THINK THAT OUR CONTENTION THAT THE AMENITIES ARE NOT PUBLIC DOESN'T HOLD WATER, BUT COMMON SENSE MAKES THEM LESS THAN DESIRABLE. THE FRONT SETBACKS CONCERN ME AT 20FT, AND ESPECIALLY WITH THE REDUCED SIZE OF THE THE DRIVE AISLE. THE LESS THAN TWO ACRES IS IS A MINUS. THIS IS NOT COMPARABLE COMPATIBLE WITH THE WITH THE THE DESIGNS OF THE OF THE SURROUNDING HOMES. I THINK THAT ONE'S A TOSS UP. WE SOMEBODY TALKED ABOUT HOW LONG TRUCKS ARE NOW. AND I KNOW THAT'S NOT A LEGAL ARGUMENT, BUT I BROUGHT THIS UP BEFORE THAT WE GET ONE PERSON THAT PARKS IN THIS DRIVE AISLE. ILLEGALLY OR STICKING OUT INTO THE INTO THE WAY. AND WE DON'T GET A FIRE TRUCK DOWN THIS LANE. IT IS A MINIMUM SIZE. AND IF WE DO GET THAT FIRE TRUCK DOWN THAT LANE, THEY'RE GOING TO HAVE TO TRY TO TURN AROUND ON THAT BASKETBALL COURT. AND I DON'T REALLY AGREE WITH THAT. I KNOW IT'S A LEGAL THING AND I KNOW THAT FIRE SIGNED OFF ON IT, BUT THAT REALLY BOTHERS ME. I DON'T MEAN TO TO BE TO INTERRUPT YOU AS YOU'RE IN YOUR TRAIN OF THOUGHT, BUT WE DID GIVE A A REASON STATEMENT OF RELEVANT CRITERIA, AND WE DID LIST THOSE TWO REASONS FOR OUR REASONS FOR DENIAL. SO I, I WORRY ABOUT STRAYING TOO FAR FROM THOSE BECAUSE WE, WE HAD A, WE HAD A WORK SESSION WHERE SOME PEOPLE OPINIONS AT THE TIME, FOR THE REASON THEY MIGHT DENY THEM WERE NOT EQUIVALENT TO OTHER PEOPLE'S. AND SO IT WAS LIKE, NO, WE'RE NOT GOING TO. THAT ISN'T GOING TO BE OUR JOINT STATEMENT. AND SO WE DID SIGN A JOINT STATEMENT OF REASON, STATEMENT OF RELEVANT CRITERIA FOR THE DENIAL. SO THIS WOULD BE TO TO GO BACK AND AND I JUST WOULD LIKE THE. THANK YOU. IS THAT FAIR TO SAY THAT THAT THE COUNCIL IS JUST GOING TO DISCUSS THE ONES THAT WE AGREED UPON. THAT WOULD BE A GOOD STARTING POINT. YES. OKAY. THANK YOU. SO WE DID AGREE THAT THERE WERE THOSE TWO REASONS.

YES. I GUESS I'M KIND OF WANDERING INTO THE NEW, NEW TESTIMONY. BUT AS A AS A COUNCIL, WE HAD AGREED IN A WORK SESSION TO JUST THE PARKING. WELL AND THE, THE TWO ACRES. YEAH. AT THIS POINT I AM STILL UNDECIDED AND I WOULD LIKE TO HEAR WHAT EVERYONE ELSE HAS TO SAY. THANK YOU, THANK YOU. OTHER PEOPLE MIGHT HAVE HAD DIFFERENT REASONS, BUT WE YOU KNOW, IT WAS AGREED BY COUNCIL THAT THESE WERE THE REASONS. COUNCIL MEMBER RADFORD.

WELL, I'M TRYING TO COME BACK TO WHAT WE WROTE AS THE RELEVANT CRITERIA AND STANDARDS.

AND DID WE WERE WE ACTING ARBITRARILY, REACTING CAPRICIOUSLY? I DON'T THINK WE WERE IN ANY WAY. I WANT TO COME BACK TO A FEW VERY SPECIFIC THINGS. AND WHAT WE SAID, AND THE PART ABOUT THE 200FT IS BEING COMPLETELY MISINTERPRETED FROM WHAT I SAID THEN, AND WHAT IS IN THIS 200FT WAS NOT SAID AS ANY KIND OF STANDARD, BUT WE WERE SAYING IS THAT BASKETBALL COURT IS A LONG WAY TO BE REALLY PUBLIC FOR THE NEIGHBORS. THAT'S WHAT IT SAYS IN OUR RELEVANT CRITERIA. RECENT STATEMENT. AND THAT IS STILL VALID IN MY VIEW. I DON'T THINK THAT'S ARBITRARY OR CAPRICIOUS, AND IT WAS NOT SAID AS SOME RANDOM STANDARD FOR EVERY TIME WE LOOK AT AN AMENITY, IT'S 200FT. THAT IS NOT WHAT IT SAYS THERE. SECOND THING. THE PART ABOUT. THE MAY ISSUE IS HUGE, I THINK BECAUSE I'M STILL STRUGGLING A LITTLE BIT, THIS IS WHAT I HAVE SOME TROUBLE, HONESTLY. BECAUSE IT SAYS. THE USE OF THE WORD MAIN IS SUCH THAT IT GIVES COUNCIL DISCRETION TO DENY AN APPLICATION FOR A POD, EVEN IF

[03:20:04]

THE LAND IS REDEVELOPING OR PROVIDES A PUBLIC BENEFIT OR AMENITY. WE SAID WE DID NOT THINK IT PROVIDED A PUBLIC BENEFIT BECAUSE WE WERE THINKING, AND THAT'S WHY I RAISED THE QUESTION ABOUT COMMON AND PUBLIC. IT SEEMS TO ME THE INTENT OF THE PUD FOR UNDER TWO ACRES WAS. IT MUST PROVIDE A PUBLIC BENEFIT, NOT JUST A COMMON BENEFIT. AND THAT MEANS TO THE NEIGHBORS NEARBY. AND THAT'S WHAT WE INTERPRETED AND PUT IN OUR RECENT STATEMENT.

SO THIS SAYS, EVEN IF THE LAND IS REDEVELOPING, THE MAIN FACTOR REMAINS IMPORTANT. AND THEN THE THIRD THING THAT I GET IN THE THE ARGUMENT BY THE APPELLANT IS THAT WE DID NOT ACT CONSISTENTLY. I THINK THAT WAS SHOWN TODAY THAT YOU CAN'T REALLY COMPARE EVERY SINGLE POD AGAINST THIS, EVEN THE ONES THAT ACRES, BECAUSE THEY WERE DONE IN DIFFERENT ZONES. AND WHAT WAS RESULTED FROM THAT WAS ACTUALLY LESS DENSITY THAN THE ZONE ALLOWED. SO I THINK THAT IS NOT VALID. HERE'S WHERE I HAVE TROUBLE AND I'M GOING TO NEED SOME HELP. THAT DEFINITION WE HAVE IN OUR CODE THAT I LOOKED UP EARLIER TODAY ABOUT REDEVELOPING. IT PROBABLY MEANS THAT. BUT IS THAT ONE ELEMENT ENOUGH TO OVERTURN WHY WE REJECTED THIS POD? I'M STILL OPEN, BUT THAT'S THE ONE THING THAT I STUMBLED ON. THE OTHER ARGUMENTS I'M NOT I'M NOT BUYING INTO. I THINK WE'RE VALID IN RESPONDING TO THOSE.

SO OKAY. SO THERE'S SOME REALLY INTERESTING THINGS HAPPENING HERE. AND I THINK IT'S REALLY CLEAR THAT WE HAVE HAD TWO THINGS I THINK WE SHOULD REALLY THINK ABOUT, AND THAT IS THAT WE HAVE HAD THE OPINION OF OUR STAFF, SAY, AND OUR PLANNING AND ZONING COMMISSION SAY THAT THIS MET THE REQUIREMENTS. AND FOR US, I THINK IT'S REALLY CLEAR THAT THE CITY CODE USES MAY, BUT PROVIDES ZERO STANDARDS FOR HOW TO IMPLEMENT MAY. AND THE SUPREME COURT OF IDAHO HAS BEEN CLEAR THAT THAT NEEDS TO EXIST TO USE MAY. AND SO WE DON'T WE DON'T GET TO THE REASON THEY'RE SAYING THIS IS ARBITRARY AND CAPRICIOUS. IT'S BECAUSE WE DIDN'T HAVE ANY STANDARDS FOR THEM TO FOLLOW IN THE MAY CONVERSATION. AND SO THAT'S BEEN UPHELD IN SOME OF THE COURT CASES. AND THEN REDEVELOPING IS ENOUGH FOR US TO BE AT RISK FOR THE TAKINGS AND THE ATTORNEY'S FEES, THE FACT THAT WE MISLABELED THAT AND THAT WE DIDN'T DO THAT RIGHT, AND THAT WE DIDN'T HAVE THAT CORRECT, IS ENOUGH FOR THIS, FOR US TO BE AT RISK, FINANCIALLY AND LIVELY. AND SO THE FACT THAT THIS MEETS THE STANDARD OF REDEVELOPMENT IS ENOUGH FOR US TO BE AT RISK. THE 200 FOOT RULE IS ALSO NOT A RULE. EXACTLY. NOT A RULE.

THAT'S EXACTLY RIGHT. AND IF IT IF IT WAS EVEN MENTIONED IN OUR RECENT STATEMENT OF RELEVANT CRITERIA, THEN WE HAVE TO HAVE A BASIS AND THE PUBLIC IS ENOUGH. AND THE GENERAL LEGAL TERM. SO THERE WAS NO IT'S A IT'S IT CAN'T BE CONSIDERED. AND AN ATTORNEY AND A JUDGE IS GOING TO SAY. BE DONE WITH THAT BECAUSE IT DOESN'T HAVE ANY SENSE BECAUSE THERE'S NOTHING IN ANY OF THE LANGUAGE IN OUR CODE OR ANYWHERE THAT THE PUBLIC HAS TO HAVE AN EASE OF GETTING TO THE AMENITY. THAT'S SOMETHING THAT YOU'RE JUST THAT WE JUST SAID WAS A POSSIBILITY THAT MIGHT BE INCONVENIENT. SO I DON'T THINK THAT HAS ANY ROLE. AND THEN BUT ALL OF THOSE THINGS ARE PROBABLY ENOUGH FOR ME TO JUST HAVE TO SAY THAT WE HAD A POD SYSTEM THAT WAS BUILT THIS WAY. IF WE WANT TO DO WHAT WE JUST DID IN FEBRUARY, WHEN WE MADE THIS RECENT STATEMENT, WHEN WE WENT BACK AND WROTE THIS, THEN WE NEED TO GO FIX THE POD AND PUT IN THE STANDARDS FOR THE MAY. WE NEED TO GO FIX THIS POD REQUESTS TO HAVE THESE THINGS ABOUT THE STREETSCAPE, IF THAT'S WHAT WE WANT, AND THAT'S WHAT THAT APPLICANT IS ASKING. WE NEED A PREDICTABLE RULES ABOUT THIS. AND AND IF IT'S ABOUT HAVING THE APPLICANT HAVE PREDICTABILITY, THEN THIS ISN'T IT. AND THE INCONSISTENCY OF THIS, HOW WE DID THIS IS PRETTY CLEAR. AND I'LL LET LEGAL SPEAK TO THIS WHEN WE'RE DONE. BUT THAT'S MY SENSE OF THINGS. SO

[03:25:07]

I'LL ASK YOU A QUESTION. COUNCILOR REDFORD, WHAT DID YOU HEAR TODAY THAT CHANGES YOUR SIGNATURE ON THE RECENT STATEMENT? I WAS UNAWARE OF THE REDEVELOPMENT DEFINITION AND THE MAY WAS SO CRITICAL THAT YOU HAD TO HAVE THE STANDARDS, IF YOU'RE GOING TO USE ME.

THOSE ARE THE TWO THINGS THAT ARE DIFFERENT FOR ME. THAT IS THE MAY IS VERY DIRECT. IN THE RECENT STATEMENT, THE QUESTION ABOUT REDEVELOPMENT IS DISCUSSABLE, BUT NOT THE MAY BE LET'S TURN TO LEGAL. WHAT'S YOUR SENSE OF HAVING STANDARDS IF YOU'RE GOING TO USE THE DOMAIN, I THINK THEY ARE REQUIRED. THE IDAHO CODE 67 WAS 6535. CLEARLY. CLEARLY IT'S REQUIRED. YEAH. IT SAYS THIS IS WHAT IT SAYS. YEAH. IT IS NOT THE FACT THAT IT IS LESS THAN TWO ACRES, A STANDARD IN AND OF ITSELF. EXACTLY. CORRECT. THAT IS CORRECT. SO THE STANDARD OF ITSELF IT IS A STANDARD AND A REQUIREMENT WITHIN OUR OWN THE WAY WE'VE WRITTEN OUR ORDINANCE.

AND THAT COULD HAVE BEEN THE END OF THE CONVERSATION. AND THAT'S THAT'S WHY THE THE DISCRETION IS GRANTED. IF THE ORDINANCE ENDED, THE MINIMUM SITE SIZE FOR YOU SHALL BE TWO ACRES. IF THAT WAS IT, THEN YES, THAT FAILURE WOULD BE AUTOMATIC. BUT, MR. JONES, WILL YOU SPEAK LOUDER INTO YOUR MICROPHONE? THANK YOU. YEAH. THIS WAS THE PROBLEM. BUT BUT THE PROBLEM IS THERE'S A CITY COUNCIL. MAY I CAN GET THE LANGUAGE OFF. SO IT HAS THAT CLAUSE, RIGHT. IT SAYS THE MINIMUM SITE SIZE FOR A POD SHALL BE TWO ACRES. SO AGAIN, IF THAT WAS THE ONLY PART OF THAT STATUTE THEN YES IT WOULD BE AN AUTOMATIC DENIAL. IF IT'S ANYTHING UNDER TWO ACRES IS AN AUTOMATIC DENIAL. BUT OUR CODE ALSO PROVIDES THAT SMALLER ACREAGE MAY BE CONSIDERED FOR POD ON LAND THAT THE COUNCIL FINDS IS REDEVELOPING OR PROVIDES A PUBLIC BENEFIT OR AMENITY. AND SO I THINK WHAT COUNCIL IS GETTING AT IS THAT THAT MAY IS THERE AND THAT INDICATES DISCRETION. BUT ASIDE FROM IT BEING REDEVELOPING OR PROVIDING A PUBLIC BENEFIT OR AMENITY, THERE ARE NO FACTORS THERE FOR WHEN COUNCIL EXERCISES ITS DISCRETION, EITHER APPROVAL OR DENIAL. AND THAT'S A PROBLEM UNDER IDAHO CODE 60 7-6535, BECAUSE WE'RE REQUIRED BY THE IDAHO CODE TO ARTICULATE OUR STANDARDS. AND I CAN READ THAT LANGUAGE REAL QUICK. SO THAT BASICALLY SO WELL AREN'T THE STANDARDS LISTED IN WHAT THEY COULD DO BY RIGHT. AND IN OUR ONE ZONE? YEAH, THOSE ARE THE STANDARDS. THOSE ARE WHAT THEY CAN DO BY.

RIGHT. THAT'S CORRECT. THEY'VE COME TO ASK FOR A VARIANCE THROUGH A PUD. WE HAVE RATIONALE AND DISCRETION TO SAY NO, IT'S UNDER TWO ACRES. WE DON'T BELIEVE THAT IT MEETS BECAUSE OF THAT TWO ACRE PIECE. IF THE COUNCIL FINDS IT'S NOT REDEVELOPING AND NOT DOESN'T PROVIDE A PUBLIC BENEFIT OR AMENITY, THAT'S COOL. AND OR IT'S JUST AWESOME. BUT IT DOES ONLY SAY FOR. THAT'S CORRECT. BUT WHEN YOU HAVE, WHEN YOU'RE TRYING TO DISPROVE SOMETHING, YOU HAVE TO DO IT IN THE CONJUNCTIVE, RIGHT? SO IF IT'S, IF YOU CAN BE APPROVED THIS BY DOING IF APPROVAL IS UNCONDITION A OR CONDITION B, THEN DISAPPROVAL MUST BE NOT A AND NOT B, BECAUSE IF EITHER ARE TRUE, THEN ITS APPROVAL. DOES THAT MAKE SENSE? NO.

PLEASE. MR. JONES. YES, YES. TAKE US THROUGH THAT A LITTLE MORE CLEARLY BECAUSE I MEAN THIS THIS WAS. THIS WAS CLEARLY. THE. THE COUNCIL DID GIVE THESE REASONS STATEMENT OF RELEVANT CRITERIA, AND WE DID SUBMIT THEM LEGALLY. AND SO WE'D LIKE TO UNDERSTAND NOW WHAT WHAT WE ARE BEING LEAD US THROUGH EXACTLY BEING CHALLENGED ON. YES. NO, NOT CHALLENGED ON WHAT YOU WHAT YOU WHAT YOU'RE SAYING, WHAT YOU ARE SAYING, WHAT I'M SAYING. YES. OKAY. SO LET ME JUST TO MAKE CLEAR SO IT COMES DOWN TO THAT, THAT THAT PART ABOUT THE, THE SITE SIZE, RIGHT? AND THERE ARE SEVERAL OR'S THERE. SO IT'S SMALLER ACREAGE MAY BE CONSIDERED FOR PUD ON LAND THAT THE COUNCIL FINDS IS REDEVELOPING OR PROVIDES A PUBLIC BENEFIT OR AMENITY. AND SO IF ANY OF THOSE CONDITIONS. SO IF IT'S REDEVELOPING OR PROVIDES A PUBLIC AMENITY OR PROVIDES A PUBLIC BENEFIT, IF ANY OF THOSE CONDITIONS ARE TRUE, THEN COUNCIL MAY CONSIDER THE PUD DESPITE MAY, MAY, MAY, MAY, MAY. BUT THE PROBLEM IS WE DON'T HAVE STANDARDS FOR WHEN THAT MAY IS EXERCISED OR NOT. WE DON'T HAVE ANYWHERE ELSE. SO IT'S IN. SO IT'S BEEN IN OUR CODE ALL ALONG THAT WE HAVE A DEFICIENT CODE. YES. THAT'S MY OPINION. YES. OKAY. AND YOU

[03:30:07]

DON'T THINK THAT YOU'VE HAD ADEQUATE TIME TO EXPLAIN THAT OPINION TO US PRIOR TO TONIGHT.

AND I APOLOGIZE FOR THAT. CAN YOU YOU DID. I MEAN, IN WRITING OUR RECENT STATEMENT, YOU SAID WHEN A DECISION IS PERMISSIVE, THE DECISION BECOMES WITHIN THE DISCRETION OF THE DECIDING BODY.

THAT'S LAW OR THAT'S THAT IS THE SUPREME COURT RULING. THAT IS CORRECT. AT THAT POINT, THOUGH, I HAD NOT CONSIDERED THE THE THE INTERSECTION WITH THAT WITH IDAHO CODE 67, 35 OR 65. THAT'S 35 THAT IT REQUIRES THE STANDARDS TO BE ARTICULATED. AND I HAD NOT CONSIDERED THAT AT THAT TIME. AND I APOLOGIZE FOR THAT. THAT'S MY BAD. BUT I THINK IT'S CLEAR THAT OUR RISK MANAGEMENT SAYS WITH THE TAKINGS CLAUSE THAT THIS IS JUST WHERE WE'RE AT. IT JUST ME, BUT RISK MANAGEMENT DOESN'T MATTER. IT'S WHETHER WE'RE RIGHT OR NOT. DID WE GET THIS RIGHT OR NOT? THAT'S THE ISSUE. IF WE DIDN'T GET IT RIGHT, CAN WE FIX IT THEN? WE DIDN'T. I MEAN, YOU'RE SAYING WE DIDN'T BECAUSE OF THE REDEVELOPMENT AND AND LEGAL SAYING WE DIDN'T BECAUSE OF THE MEH. AND WE DON'T HAVE THE STANDARDS AND THAT'S WHAT THE CODE IS DEFICIENT AT. WE CAN DO MAY, WE CAN HAVE DISCRETION IF WE LISTED WHAT, HOW WE'RE GOING TO IMPLEMENT MAY AND THE SUPREME COURT OF IDAHO HAS ARTICULATED THAT RECENTLY. IF THAT WERE THE CASE, EVERY SINGLE ORDINANCE BOOK FOR EVERY CITY IN THE STATE WOULD BE A MILLION PAGES LONG BECAUSE OF ALL THE THINGS THAT COULD QUALIFY FOR MAY. BUT IT'S NOT WITH. IN THIS CASE, BECAUSE IN A PUD, YOU HAVE THE. IT HAS. THE DEVELOPERS ARE TRYING TO FIND OUT HOW TO DO THIS RIGHT. SO THEY HAVE TO HAVE REASONS. AND SO IF IT'S JUST AN ARBITRARY OR CAPRICIOUS, THEN THAT'S WHAT IT IS LIKE. I DON'T THINK A TWO ACRE STANDARD IS ARBITRARY OR CAPRICIOUS.

THAT'S WHY WE HAVE THAT'S WHY WE HAVE THE STANDARD IN OUR CODE. RIGHT? I'M JUST SAYING STAFF THINKS THIS LEGAL, THINKS THIS, AND WE'RE SMARTER. LIKE I DON'T I THINK I'M GOING TO TRUST THE PROFESSIONALS ABOUT THIS CODE AND WHAT IT'S BEEN. THAT'S WHERE I SEE. YES. OKAY.

I'M ALSO READING THE WORD MAY IS PERMISSIVE RATHER THAN IMPERATIVE OR MANDATORY. IN OUR RECENT STATEMENT. NUMBER FIVE. OKAY, SAME REASON STATEMENT QUOTES FROM THE PUD ORDINANCE.

SMALLER ACREAGE MAY BE CONSIDERED FOR PUD. WE'RE NOT REQUIRED TO APPROVE ANY PUD UNDER TWO ACRES. THAT IS A STANDARD IN MY VIEW. YEAH. ON LAND THE COUNCIL FINDS IS REDEVELOPING OR PROVIDES A PUBLIC BENEFIT. IT'S PERMISSIVE. IT DOESN'T DEMAND THAT IF IT'S REDEVELOPING, IT DOES NOT DEMAND THAT COUNCIL APPROVE IT. THE WAY I READ THAT, AM I WRONG? YOU'RE NOT. YOU'RE NOT WRONG. THAT'S HOW OUR ORDINANCE READS. THE PROBLEM IS, WHEN YOU APPLY IDAHO CODE 67, 65 OR 35, 35, 65, 35, THAT ARE REQUIRED IN OUR ORDINANCES TO ARTICULATE THE BASES FOR OUR STANDARDS, FOR OUR EXERCISE OF DISCRETION. AND THAT'S MY CONCERN. NOW, OF COURSE, IF CITY COUNCIL DECIDES TO DENY, IT, WILL ABSOLUTELY GO TO BAT FOR THE DECISION AND ARGUE THE BEST I CAN. BUT I HAVE STRONG LEGAL CONCERNS THAT THE USE OF MAY IN OUR ORDINANCE, WHICH, AS YOU'VE INDICATED, READING JUST OUR ORDINANCE BY ITSELF INDICATES IT IS A PURELY DISCRETIONARY DECISION. AND THE PROBLEM IS THE IDAHO CODE THAT REQUIRES US TO ARTICULATE STANDARDS SO THAT THE DEVELOPERS CAN KNOW, OKAY, WHEN DOES THAT MAY COME INTO EFFECT? WHEN IS THAT MAY LEAD TO AN APPROVAL. WHEN DOES IT LEAD TO A DISAPPROVAL? IF THAT'S NOT ARTICULATED, THEN WE RUN A HIGH RISK THAT IT'S AN ARBITRARY OR CAPRICIOUS DECISION BECAUSE THERE WERE NO STANDARDS SET FORTH. THAT'S MY LEGAL CONCERN, AND THAT'S SUPPORTED IN THE IDAHO SUPREME COURT RULING 2024 OF HILL VERSUS BLAINE COUNTY. IT SAID THAT CITY CODE PROVIDES ZERO STANDARDS OF CRITERIA FOR WHEN THE USE IS THAT DISCRETION, WHICH VIOLATES THE CODE 67 UNDER WHAT SCENARIO AND SITUATION THAT. IF YOU HAVE ADEQUATE DETERMINING PRINCIPLES, THE WORD MAY IMPLY DISCRETION TO DENY A PD UNDER TWO ACRES. HOWEVER, THE IDAHO SUPREME COURT RULING HILBER V BLAINE COUNTY REQUIRES ADEQUATE DETERMINING PRINCIPLES AND FOR.

THAT IS THE PROBLEM THAT THE CITY CODE PROVIDES ZERO STANDARDS OF CRITERIA FOR. WHEN THE USE OF THAT DISCRETION, WHICH VIOLATES IDAHO CODE REQUIRED, WHICH IS REQUIRED FOR STANDARDS TO BE SPELLED OUT IN THE ORDINANCE. SO THE IDAHO CODE SAID WE HAD TO HAVE THESE SPELLED OUT, AND WE SHOULD HAVE FIXED THAT 20 YEARS AGO, BUT WE HAVEN'T. SEE, BUT I ALSO WONDER, THOUGH, IF THESE ARE CASES THAT ARE IN THE SAME NATURE, RIGHT? IN THIS PARTICULAR CIRCUMSTANCE, THIS PARCEL COULD BE DEVELOPED BY. RIGHT AND HAVE CERTAIN THINGS DONE. THEY'RE ASKING FOR

[03:35:02]

VARIANCES AND GOING THROUGH THIS ADDITIONAL TOOL ABOVE AND BEYOND THINGS THAT THEY CAN DO BY. RIGHT. AND I, I JUST SUGGEST THAT IT'S INTERESTING TO ME AND I WOULD BE INTERESTED IN WHAT MICHELLE HAS TO SAY IS WE JUST HAVEN'T DENIED. SO WE HAVEN'T REALLY RAN INTO THIS PROBLEM BEFORE. I CAN'T THINK OF A PUD. CAN YOU THINK OF ONE? NO, BUT THIS COUNCIL HAS NEVER VOTED ON A PUD. YEAH, THESE SIX PEOPLE, FIVE TONIGHT. THESE FIVE HAVE NEVER VOTED. BRANDON, HAVE YOU EVER VOTED ON A PUD? I THINK WE HAD ONE THE FIRST MONTH OF JANUARY BEFORE. NO, BEFORE THIS ONE, THERE WAS ONE. YEAH. DID WE HAVE ONE BEFORE THIS ONE. OH, THE SAGE LAKES ONE. OKAY. YEAH. WAS IT BUT DID IT HAVE A VARIANCE? AND THERE'S A PRIVATE STREET THAT. BUT THOUGH THE SETBACK DID IT HAVE THIS EXACT SAME VARIANCE. IT WAS DIFFERENT THAN THIS. IT WAS COMPLETELY DIFFERENT. OKAY. IT ACTUALLY DID THE EXACT SAME THING THE OTHER THREE PODS DID, WHICH WAS HAVE A LOWER DENSITY THAN WAS GIVEN BY. RIGHT. I GUESS WHAT I'M TRYING TO SUGGEST IS THAT WE DIDN'T RUN INTO THIS BECAUSE WE JUST GRANTED PUDS IN GENERAL, AND WE HAVEN'T HAD THESE DISCUSSIONS. EVERY SITUATION IS DIFFERENT. EVERY ENVIRONMENT'S BEEN DIFFERENT, EVERY NEIGHBOR HAS BEEN DIFFERENT. AND AND IT IS NOT INCUMBENT. I MEAN, IT IS INCUMBENT FOR US TO, TO KNOW A LOT, BUT NOT SPECIFICALLY IDAHO CODE 6535 WHEN REFERRING TO OUR OWN ORDINANCE THAT I HAVE ANOTHER QUESTION. SOFTBALL. WHAT ABOUT MEDIATION? IS THIS A MEDIATION POSSIBLE ISSUE? WE HAD A WE HAD A AN APPEAL IN 2025. I THINK THAT WAS LOGGERHEADS. AND ACTUALLY THE APPELLATE CAME FORWARD AND SAID, LET'S JUST WE COULD MEDIATE THIS. RIGHT NOW, I'M NOT AWARE OF MEDIATION PROVISION BECAUSE THERE'S NOT. DO YOU KNOW. MR. THERE IS A MEDIATION CLAUSE. LET ME REAL QUICK. SORRY. I DON'T WANT TO GIVE THE IMPRESSION THAT I'M PLEASED WITH WHERE WE'RE SITTING. I'M JUST SAYING THAT THIS IS WHERE I THINK IF YOU'RE GOING TO LOOK AT THE LEGAL ARGUMENTS AND WHAT THE REALITIES ARE, FIND OURSELVES IN AGGRESSIVE RENT IS ABOUT 16 TIMES I CAN READ IT IN TWO DIFFERENT WAYS. COUNCIL MEMBER FRANCIS, I THINK THAT IS IN OUR CODE AND THE THE THE POINT HERE IS THAT IDAHO CODE SAYS WE HAVE TO HAVE SOMETHING DIFFERENT, REQUIRING US TO HAVE SOMETHING DIFFERENT. AND THE LEGAL DOCUMENTS, THE HISTORY OF THESE CASES MATTERS. SO, SO THE COMPLAINT, THE SO WHICH WHICH WHICH OF THEIR ARGUMENTS ARE THEY APPLYING? ARE THEY SAYING WE ABUSE DISCRETION? YEAH.

BECAUSE WE DID NOT HAVE STANDARDS FOR THEM TO. FOR THEM TO GET TO GAIN APPROVAL. WELL, I WOULD DISAGREE WITH THAT BECAUSE WE HAVE STANDARDS THAT THEY CAN FOLLOW BY RIGHT UNDER AN R ONE ZONE TO FOLLOW AND DEVELOP THIS PARCEL. THAT WAS THAT WAS MY ARGUMENT AS WELL.

SO THAT'S WHY I'M SAYING THAT THIS IS THE ARGUMENT AND THE COUNTERARGUMENT. YES. TWO POINTS. YES. THEY CAN BE WITHIN SEVEN DAYS. YES. YES. THAT'S IT. COUNCIL PRESIDENT FRANCIS, AS TO YOUR QUESTION ABOUT MEDIATION, THERE IS A PROVISION THAT ALLOWS MEDIATION, BUT IT HAS TO BE AT THE REQUEST OF THE APPLICANT OR THE AFFECTED PERSON, AND IT'S WITHIN SEVEN DAYS OF APPEALABLE DECISION UNDER THIS UNDER THIS CODE. SO RIGHT NOW WE'RE PAST THAT AS FAR AS THE PRIOR DECISION. AND IF WE MADE A DECISION TONIGHT THAT EITHER THE AFFECTED PERSON AND THEN IT WOULD BECOME APPEALABLE, AND THEN THE EITHER THE DEVELOPER OR THE ANY AFFECTED PERSON COULD ASK FOR MEDIATION UNDER THAT PORTION OF OUR CODE. SO THE BASED ON WHATEVER WE DECIDE TONIGHT IS, COULD ASK FOR MEDIATION. DON'T DO THAT BASED ON. I WOULD IMAGINE THE APPELLANT. THE APPLICANT WOULD ONLY DO SO IF IT WAS ADVERSE. IF IF INSTEAD IT WAS AN APPROVAL AND I DON'T THINK THE APPLICANT WOULD BE WOULD BE ASKING FOR MEDIATION.

BUT ANY AFFECTED PERSON WHICH HAS A DEFINITION UNDER IDAHO CODE. SO WHICH WOULD WHICH INCLUDE ANY MEMBERS OF THE PUBLIC WHO QUALIFY AS AFFECTED PERSONS COULD ASK FOR MEDIATION.

[03:40:04]

THEY COULD ALSO ASK FOR A REHEARING. THE. WHOEVER. WHATEVER MEMBERS OF THE PUBLIC ARE AFFECTED PERSONS COULD ALSO PETITION FOR REHEARING, JUST AS APPLICANT HAS. BUT THEY WOULD HAVE TO PROVE THAT THEY ARE AFFECTED. YES, YES, THERE WOULD BE THAT HIGHER BAR TO. BUT IF WE DENY THE APPEAL, THE APPELLANT COULD ASK FOR MEDIATION. DID I HEAR YOU? THAT'S CORRECT. BUT THEY DON'T HAVE TO. THEY COULD JUST TAKE IT TO JUDICIAL REVIEW. YES.

YEAH, I GOT IT. THAT'S PART OF WHY WE HAVE THE SYSTEM. WE HAVE. MR. JONES, ONE MORE TIME. FOR RECONSIDERATION. WE COULD PUT RESTRICTIONS ON THIS P D AT THIS TIME AS WELL. YOU COULD OFFER YOU COULD OFFER CONDITIONS. THERE WOULD BE A THERE WOULD BE RECONDITIONED.

WE COULD RECONSIDER IT AND THEN APPLY CONDITIONS TO THIS P D AROUND THE CANAL, AROUND THE BACK, FENCING, AROUND OTHER OTHER. WE WOULD HAVE TO GO THROUGH THE PROCESS OF MAKING SURE EACH CONDITION THAT WE. IF COUNCIL REMEMBER THE TRAINING THAT WE HAD A MONTH OR SO AGO WITH. WITH THE CDS. YES, THERE'S A PROCESS WE HAVE TO GO THROUGH. MAKE SURE THAT OUR CONDITIONS THAT ARE REQUIRING ARE TIED TO OUR STANDARDS. WE CAN'T JUST SAY WILLY NILLY, YOU KNOW, YOU KNOW, I WANT ALL THE HOUSES PAINTED BLUE BECAUSE THAT DOESN'T SATISFY ANY OF THE STANDARDS. IT WOULD HAVE TO BE A CONDITION THAT'S TIED TO ONE OF THE STANDARDS TO HELP THE PUD MATCH THAT STANDARD. SO, MR. JONES, THAT IS MY CONCERN IS THOSE STANDARDS. CAN WE APPLY THOSE STANDARDS? IT'S DIFFERENT THAN 6535 IDAHO CODE. WE WE COULD APPLY. YES. SO YOU COULD SAY, YOU KNOW, I'M THINKING SPECIFICALLY OF PRIVACY FENCING. AND ONE WAY TO SHORT CIRCUIT IT IS YOU COULD JUST ASK THE APPLICANT TO REOPEN THE HEARING AND ASK THE APPLICANT IF HE'S WILLING TO ACCEPT THAT AS A CONDITION. AND IF HE IS, THEN WE'RE DONE.

RIGHT. IF HE'S WILLING TO ACCEPT THAT AS A AS A CONDITION, THEN HE'S ACCEPTED IT AND WE CAN MOVE FORWARD WITH THAT. IF NOT, THEN WE'LL HAVE TO DO THE LEGAL ANALYSIS OF CAN WE FORCE THIS ON THEM AS A CONDITION OF APPROVAL? SO. SO WHAT IF WE. IS IT POSSIBLE? I'M JUST SAYING.

IS IT POSSIBLE TO REVERSE THE DECISION BUT NOT APPROVE HIS SETBACK? REQUIRE HIS SETBACK.

VARIANCE REQUEST. THE R ONE SETBACK REQUIREMENTS ARE 25FT. HE'S REQUESTING A VARIANCE OF 20FT. AND AGAIN WE WOULD HAVE TO BE DENYING THAT WOULD THAT WOULD BE A DENIAL OF THE OF THE APPLICATION BECAUSE THAT'S PART OF THE APPLICATION. AND IF WE'RE GOING TO DENY THAT PART, WE'D HAVE TO POINT TO. I GUESS WHAT YOU'D BE SAYING IS ONE CONDITION IS WE'RE GOING TO YOU'RE NOT GOING TO BE GRANTED THAT VARIANCE, BUT WE WOULD HAVE TO TIE THAT TO ONE OF OUR CRITERIA IN OUR ORDINANCE TO SAY, HEY, THAT VARIANCE DOESN'T ALLOW THE SPECIFIC CRITERIA TO BE SATISFIED. SO AS A CONDITION OF APPROVAL, YES, WE'LL APPROVE IT. BUT THAT VARIANCE NEEDS TO GO BECAUSE THAT VARIANCE IS IN CONFLICT WITH ONE OF OUR CRITERIA. WELL IT'S IN CONFLICT WITH THE R ONE SETBACK REQUIREMENTS PERIOD. END OF STORY. SO THE QUESTION WOULD BE ARE THE R ONE SETBACK REQUIREMENTS REQUIRED AS PART OF THE PUD IS REQUIRED FOR OUR.

IT'S REQUIRED FOR R ONE. BUT PUDS ARE DESIGNED TO BE FLEXIBLE AND THEY DON'T HAVE THE SAME STANDARDS AS R ONE. BECAUSE THE APPLICATION IS FOR A P, NOT FOR AN R ONE. BUT MAYOR, DOES THAT MEAN THAT WE COULD. BUT. BUT THE SETBACK VARIANCE IS RELATED TO THE PUD.

CORRECT. SO WE WOULD DENY IT BASED ON. YEAH. THIS IS THIS IS WHERE IT COMES DOWN TO THE STANDARDS, RIGHT? IT'S JUST THERE'S A. VERY CIRCULAR QUESTION. AGAIN, THE IDAHO CODE REQUIRES US TO SET FORTH STANDARDS. AND IF THE STANDARDS ARE MET, THEN BASICALLY WE'VE SET A P D CODE. WE SAID IF YOU MATCHED THESE STANDARDS THEN YOU GET YOUR P D IF YOU. AND SO FOR US TO DENY, WE HAVE TO BE ABLE TO SAY YOU DIDN'T MEET THIS STANDARD, WHICH IT DIDN'T, BECAUSE IT'S LESS THAN TWO ACRES. AND THAT'S FOR CITY COUNCIL TO DECIDE WHETHER WHETHER THAT SPECIFIC CONDITION HAS OR HAS NOT BEEN MET. AND THEN YEAH, SO LESS THAN TWO ACRES. AND BY RIGHT, THEY HAVE THE ABILITY TO DEVELOP THEIR PARCEL AT SIX UNITS PER ACRE.

[03:45:02]

THEY DO HAVE A RIGHT OR ONE IN R1 CORRECT TO DEVELOP SIX UNITS PER ACRE. I COME BACK TO THAT MANY TIMES AND WAS SAID THAT THAT IS NOT ACTUALLY A WAY TO GET TO YES FOR THEIR APPLICATION, WHICH IS BECAUSE OF THE STANDARDS THAT WE DON'T HAVE SET WITHIN OUR ORDINANCE.

WE DO HAVE STANDARDS IN OUR ORDINANCE, AND IT DOES HAVE A MAXIMUM DENSITY, BUT IT IS DIFFERENT. AND SO WE HAVE TOLD DEVELOPERS OR WE'VE TOLD THE PUBLIC, IF YOU GO THROUGH A PD PROCESS, YOU KNOW, IF YOU'RE IN R1, THEN THE MAXIMUM DENSITY IS 88 PER ACRE, RIGHT. AND THAT'S OUR STANDARD. SO IF THEY HAD BEEN PROPOSING NINE, WE COULD ABSOLUTELY SAY, NO, YOU HAVEN'T MET THAT STANDARD FOR PV BECAUSE YOU'RE R-1 AND YOU'RE PROPOSING NINE PER ACRE AND YOU HAVEN'T FULFILLED THAT STANDARD. BUT HERE OUR STANDARD IS EIGHT C AND THAT'S WHAT I'M LOOKING FOR, IS A WAY FOR US TO DENY THE APPEAL WITH OPENING THE DOOR TO. GETTING CHANGES TO THE PUD. HOW CAN WE MAKE A MOTION TO THAT EFFECT THAT WE'RE UPHOLDING OUR RECENT STATEMENT, BUT WE ARE OPEN TO A PROCESS TO COME BACK TO THE DEVELOPER USING PUD AND SAY, THESE ARE SOME THINGS YOU COULD DO TO MEET ALL THE THINGS WE PUT IN THE RECENT STATEMENT. I THINK THAT'S THE DANGER TO ME OF THAT IS THEN THEY GO TO COURT AND THEY DON'T DO WHAT YOU SAY. WHO CARES? I ALWAYS SAY, PEOPLE TELL ME I'M GOING TO SUE YOU. I GO, WELL, THAT IS YOUR RIGHT. I CAN'T STOP YOU. AND I DON'T WANT TO MAKE A DECISION IN COUNCIL ON THE BASIS OF I'M AFRAID OF A LAWSUIT. I WANT TO MAKE IT ON THE BASIS OF WE HAVE SOMETHING WE COULD DEFEND. I AGREE WITH THAT. UNLESS WE HAVE JUST BEEN TOLD BY LEGAL THAT WE WERE WRONG. I'M LOOKING FOR A WAY OUT THAT HELPS EVERYBODY IN THIS ROOM. MAYOR, I KNOW THAT IT'S LATE. WE HAVE BEEN AT THIS FOR 3.5 HOURS. MAY WE TAKE JUST LIKE, A FOUR MINUTE BATHROOM BREAK, PLEASE? YES, THAT IS A THANK YOU. A GREAT IDEA. WE ARE. IS THAT A RIGHT THAT WE. YES. WE ARE IN RECESS. WE WILL. WE WILL RETURN AT TEN AFTER TEN JUST TO INFORM THE PUBLIC AND THE APPLICANT. PLEASE DO NOT TALK TO THE CITY COUNCIL MEMBERS BECAUSE THIS IS A QUASI JUDICIAL HEARING. THEY CAN'T RECEIVE BOTH THE APPLICANT AND ANY PUBLIC MEMBERS. THEY CAN'T BE TALKING ABOUT IT WITH IT.

NOT ON THE RECORD. WHAT DID YOU SAY? ALSO, RIGHT HERE IS WHERE THE I HAVE. TO GO OUT. SO IN

[03:51:36]

THE MORNING. RIGHT. YOU'RE GOING TO BRING THE COUNCIL BACK IN TWO OUT OF OUR RECESS AND.

DO WE HAVE ANYONE EXCUSE ME, THERE'S MY MICROPHONE. DO WE HAVE ANYONE ON COUNCIL WHO IS READY TO MAKE A MOTION CONCERNING THIS ISSUE BEFORE US? SO YOU. THAT'S ALL RIGHT. I DON'T KNOW WHETHER YOU. ARE WE READY? IS ANYONE FROM COUNCIL READY TO MAKE A MOTION? I'M GOING TO TRY A MOTION, AND I'M SURE IT'S ILLEGAL, BUT I THINK THE LAWYER, MR. JONES, IS HERE.

YES. I JUST REALIZED THAT AS I TURNED TO LOOK, SO I BETTER. WAIT, WAIT. LET ME SHARE.

USUALLY I'M VERY FUNNY PERSON, BUT RIGHT NOW I HAVE A LITTLE BIT OF A LITTLE LEVITY. THIS HAS BEEN A GOOD. I ENJOY HUMOR, I SHOULD SAY. I'M A FUNNY PERSON. I DO ENJOY HUMOR. I'M SORRY, MR. JONES. I DID NOT RECOGNIZE THE I, I APOLOGIZE, IS THIS OKAY? NOW WE ARE A FULL BODY AGAIN AND WITH OUR LEGAL COUNSEL, COUNCIL MEMBER FRANCIS IS GOING TO TRY AND MAKE A MOTION. I MOVE COUNCIL TO DENY THE APPEAL ON THE BASIS THAT THIS IS A RESOLVABLE ISSUE THROUGH MEDIATION, AND HIGHLY RECOMMEND IT. SECOND APPROACH. MR. JONES, HE WAS I BEFORE YOU WALKED OUT. HE DIDN'T KNOW IF THAT WAS LEGAL MOTION. AGAIN, IT'S NOT CITY COUNCIL'S RIGHT TO REQUEST MEDIATION UNDER STATUTES. I MEAN, YOU COULD ASK APPLICANT IF THEY WANT TO MEDIATE, RIGHT. THAT'S WHY I SAID ON THE BASIS THAT IT IS A RESOLVABLE PROBLEM THROUGH MEDIATION. THERE IS AN APP. YOU COULD DO THAT. DO YOU NEED TO ARTICULATE THE BASIS FOR THE DENIAL? AND IT'S THE ONLY WAY I CAN THINK OF TO GET KIND OF THE MAYOR'S POINT, THAT THERE ARE SOME THINGS THAT COULD BE MODIFIED WITH THE PUD THAT WOULD MAKE IT MORE ACCEPTABLE TO COUNCIL. IN MY HEARING WHAT YOU HAD SAID, STATEMENT CRITERIA, WHY YOU'RE DENYING OR DENYING AN APPEAL, BECAUSE I DO NOT CONSIDER IT TO BE ARBITRARY AND CAPRICIOUS IN OUR ORIGINAL DECISION. I'LL SECOND IT AGAIN. LET'S TAKE A VOTE. RADFORD. &O, YOU GOT TO HAVE THE PART ABOUT IT ON THE BASIS OF. NAME MEDIATION. OKAY. WE. YES. YES. THREE MINUTE. NO. I. I WANT TO

[03:55:08]

MAKE SURE THAT WE UNDERSTAND THAT IT WAS DENIED ON THE BASIS THAT IT IS, THAT IT WAS NOT AN ARBITRARY AND CAPRICIOUS DECISION. IT WAS IT IS AND IT IS RESOLVABLE THROUGH MEDIATION.

OKAY. THAT IS GOOD. I THINK YOU'RE GOING TO NEED MORE TIME FOR. WELL, WE CAN WORK ON THAT WITH THE LEGAL DEPARTMENT TO GET THE REASONS. I'M SORRY. WE WORKED WITH THE LEGAL DEPARTMENT TO GET THE RECENT STATEMENT IN LEGAL TERMS, JUST LIKE WE DID BEFORE. OKAY.

COUNCIL. THANK YOU. THANK YOU TO THE PUBLIC FOR STICKING WITH US THROUGH THIS. YES. CAN I JUST HAVE OH, WHAT DO YOU WANT ME TO PREPARE IS THE WRITTEN DECISION. IF I CAN GET GUIDANCE FROM COUNCIL. PLEASE. WE HAVE WE HAVE TO ISSUE A WRITTEN DECISION WITHIN 60 DAYS. YES.

SO WE. THERE WILL BE TIME. WILL THERE BE. THERE WILL BE TIME FOR A WORK SESSION. THAT'S CORRECT. YES. DO YOU WANT TO JUST DISCUSS IT AT THE WORK SESSION OR. WELL, WE CAN GIVE YOU SOME GENERAL DIRECTION THAT WOULD BE APPRECIATED. WE CAN, WE WILL. I WOULD SAY THE RECENT STATEMENT HAS TO SHOW THAT IT WAS NOT ARBITRARY, NOT CAPRICIOUS, NOT INCONSISTENT, AND IT WAS A PROPER USE OF DISCRETION. SO THOSE ARE THE THREE KEY PIECES. AND THEN THE OTHER PART IS THAT THERE IS OPPORTUNITY THAT WAS SUGGESTED IN VARIOUS WAYS, EVEN BY THE APPELLANT, THAT IF THEY WERE TOLD WHAT THEY COULD DO TO MAKE IT ACCEPTABLE TO COUNCIL, THEY DIDN'T FEEL LIKE THEY GOT THAT. I FELT THERE WERE HINTS TO THAT, BUT IT WASN'T. HE IS CORRECT.

IT WAS NOT DIRECTLY SAID DO THIS AND WE WOULD APPROVE IT. BUT THAT OPPORTUNITY IS STILL THERE. AND THE ONLY WAY I CAN SEE FOR COUNCIL'S OPINION OR CONCERNS TO BE RELATED TO THE APPELLANT IS THROUGH MEDIATION. I DON'T KNOW ANY OTHER WAY TO DO IT. YOU COULD REOPEN THE HEARING AND ASK THE APPLICANT AND HAVE A CONVERSATION WITH THE APPLICANT, AND THEN GIVE THE PUBLIC AN OPPORTUNITY TO COMMENT ON THAT AND THEN GIVE THE APPLICANT AN OPPORTUNITY TO RESPOND. THAT'S PART AND PARCEL OF PUD AS YOU CAN. IT'S PART OF THE PROCESS. YOU CAN SAY, HEY, WHAT ABOUT THIS CONDITION? WOULD YOU BE WILLING TO DO THIS APPLICANT? AND THEN YOU CAN HAVE A DIALOG WITH THE WITH THE APPLICANT, YOU CAN SAY, THIS IS WHAT I'M CONCERNED ABOUT BECAUSE THAT'S PERMITTED BY OUR ORDINANCE. WE'RE ALLOWED TO APPROVE WITH CONDITIONS AND SET CRITERIA. YOU COULD DO THAT RIGHT NOW IF YOU WANTED TO. I DON'T THINK COUNCIL IS IN A POSITION TO WRITE THOSE. I MEAN, JUST BRAINSTORM THEM OFF THE TOP OF OUR HEAD WITHOUT A CONVERSATION WITH THE APPELLANT, THE DEVELOPER. CAN YOU I MEAN, THAT'S MY OPINION. IT NEEDS TO BE SOMEWHERE WHERE WE'RE SITTING DOWN AND WE'RE NOT LOOKING AT EACH OTHER, AND SOMEONE'S HELPING US FIGURE OUT IF YOU DO THIS, WILL YOU? ARE YOU ACCEPTING DOING THIS? AND THEN WE CAN DO IT. IF THERE'S ANOTHER WAY TO GET TO THAT POINT WHERE COUNCIL CAN COMMUNICATE DIRECTLY WITH THE APPELLANT AND WORK OUT THESE IDEAS. WE'VE GIVEN THEM AN OPPORTUNITY. COUNCIL MEMBER. AT SOME POINT THAT WOULD HAVE TO COME BACK, CORRECT? SURE, SURE.

MEDIATION, MEDIATION. THEN WE WOULD COME BACK BEFORE THE PUBLIC. WONDERFUL. EXACTLY. HEY, BRIAN. ANYTHING? I WAS TRYING TO SAY. I THINK WE CAN GET STARTED ON THE GENERAL IDEA OF THE RECENT STATEMENTS, JUST LIKE WE DID BEFORE, BUT I WAS I WAS CONTENT WITH YOURS. OKAY.

YEAH. IS IT IS IT FAIR TO SAY THAT IT IS NOT ARBITRARY AND CAPRICIOUS BECAUSE THE PRIOR PUDS THAT THAT WERE APPROVED WERE NOT EXACTLY THE SAME AS THIS PD. I MEAN, EVERY PD IS GOING TO BE DIFFERENT. AND THE ONES THAT WERE APPROVED LESS THAN THREE ACRES ACTUALLY DECREASED LOSSES, DISCRETION. THANKS. WELL. AND I THINK THAT'S COUNCILMAN RADFORD. I THINK THAT'S WHERE WE'RE GOING TO HAVE THE DIFFERENCE OF OPINION, BECAUSE I DO THINK WE HAVE STANDARDS. YEAH I HAVE I HAVE A DIFFERENT POSITION. SO I, I AND IT'S KIND OF A SPLIT

[04:00:01]

DECISION HERE AS FAR AS DIRECTION TO STAFF, I'M ONLY GOING TO BE ABLE TO LISTEN TO THOSE THAT WERE IN THE MAJORITY. SO THOSE IN THE MAJORITY, IF YOU COULD PROVIDE ME WHAT YOU WOULD LIKE, I GOT A CRAP. THIS RECENT STATEMENT FOR THE MAJORITY OPINION, RIGHT, WHICH IS THE THREE OF YOU. AND SO YOUR INPUT IS WHAT I NEED AS FAR AS. SO WHAT I'M HEARING IS I NEED TO SAY IT'S NOT ARBITRARY, CAPRICIOUS, AND THAT, BUT I WOULD PROBABLY NOTE THAT THEY HAVE A RIGHT TO MEDIATION UNDER THIS UNDER THIS PART OF THE CODE, AND THAT WE'D INVITE THE APPLICANT TO TO MEDIATE IT. IS THERE ANYTHING ELSE YOU'D LIKE AS FAR AS DO WE WANT TO RESPOND TO THE APPLICANT'S ARGUMENTS? AS FAR AS. REDEVELOPING OR STREETSCAPE THOSE? THOSE WERE THE CHALLENGES OF THE APPLICANT. FOR THE MAYOR'S QUESTION, I GUESS I HAVE THE SAME AS IS THIS SOMETHING THAT WE CAN FURTHER DISCUSS IN A WORK SESSION? ABSOLUTELY. OKAY. THAT'S WHAT I'D LIKE TO DO SO THAT WE CAN ENSURE WE'RE ALL ON THE SAME PAGE. ABSOLUTELY. YEAH. AND SO I COULD TRY, I CAN TRY MY BEST AT IT AND GIVE IT A STAB. OR IF WE WANT, WE JUST HAD THE WORK SESSION, HAVE A BRAINSTORMING SESSION AND COME UP WITH WHAT YOU'D LIKE IT TO SEE. AND THEN I COULD TRY TO DRAFT IT UP BEFORE THE CITY COUNCIL MEETING. CAN EACH OF US THAT VOTED YES SEND YOU OUR OUR RECENT STATEMENT, AND THEN YOU COMPILE IT INTO A WORKABLE THING AND WE'LL DECIDE WHETHER WE CAN ASSIGN IT. I MEAN, HOW WOULD YOU LIKE THE HOW WOULD YOU LIKE THAT INPUT? I THINK IT NEEDS TO BE IN A PUBLIC MEETING.

EITHER NOW'S FINE. OR IF WE WANT TO DO IT, THE WORK SESSION, I THINK I CAN'T REMEMBER WHAT THE NEXT WORK SESSION. WE COULDN'T DO IT WELL. COULD WE DO IT MONDAY. MARY. YEAH, WE ARE, WE ARE WE WE HAVE NOT POSTED THE AGENDA FOR MONDAY. SO WE COULD, WE COULD DO IT ON MONDAY. DO IT ON MONDAY. THAT'S FRESH. I THINK THE MIND WOULD BE WORKING BETTER ON MONDAY THAN IT IS RIGHT NOW. OKAY, OKAY. WE WILL WE WILL ADD THAT TO OUR AGENDA ON MONDAY. OKAY.

ALL RIGHT. COUNCIL. I DON'T HAVE ANY ANNOUNCEMENTS, BUT THAT'S BECAUSE I, I, I, IF YES,

[6. Announcements]

IF YOU HAVE THEM WRITTEN DOWN, THEY MIGHT BE EASIER TO REMEMBER AT THIS POINT. SO JUST A AMAZING ANNOUNCEMENT. THE GIVING MACHINES, THE LIGHT THE WORLD CAMPAIGN, THEY ANNOUNCED THEIR CHECKS TODAY AND POCATELLO, IDAHO FALLS AND REXBURG DONATED $3 MILLION DURING THOSE FOUR WEEKS. AND THEY MADE UP 14% OF THE ENTIRE WORLD'S DONATIONS FROM THE CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS. AND THAT, AGAIN, IT'S 14% OF THE ENTIRE WORLD'S DONATIONS CAME FROM EASTERN IDAHO, POCATELLO, REXBURG, AND IDAHO FALLS, AND OVER 100,000 PEOPLE DONATED IN THOSE THREE CITIES IN THOSE FOUR WEEKS. IT'S AN AMAZING THING. AND THEY RAISED $3 MILLION FOR LOCAL CHARITIES AND SOME INTERNATIONAL CHARITIES.

THERE WAS 6000 SOCCER BALLS, BALL FIELD LIKE THAT. THANK YOU. RESIDENTS OF IDAHO FALLS. THAT IS 14% OF THE ENTIRE WORLD OF GIVING CAME FROM THREE CITIES IN EASTERN IDAHO. THAT'S INCREDIBLE. THE ONLY CITIES THAT DID MORE WITH SALT LAKE OREM. BUT WE BEAT NEW YORK CITY, LA, DENVER, ALL OF THEM. WOW. ONE MORE. GOOD NEWS. THANK YOU. ANYTHING ELSE? COUNCIL. OKAY.

THANK

* This transcript was compiled from uncorrected Closed Captioning.