Sep 24, 2026 City Council Meeting

[1. Call to Order & Roll Call]

[00:00:07]

THAT POP SOUND. SO WE ARE LIVE. WELCOME TO THE IDAHO FALLS CITY COUNCIL MEETING FOR SEPTEMBER 24TH, 2026. IF OUR CITY CLERK WILL DO A ROLL CALL AND ESTABLISH OUR QUORUM, PLEASE.

THANK YOU. COUNCIL PRESIDENT FRANCIS HERE. COUNCILOR RADFORD, PRESENT COUNCILOR DEMON HERE.

COUNCILOR FREEMAN HERE. COUNCILOR LARSON HERE. COUNCILOR LEE HERE. THANK YOU.

MAYOR, YOU HAVE A QUORUM. AND ALSO WE HAVE MEGAN, CONRAD AND TYSON, I BELIEVE FITZGERALD ONLINE FROM THE IFG GROUP. THANK YOU. I WOULD ASK COUNCIL MEMBER RADFORD IF YOU WOULD PLEASE LEAD US TONIGHT IN 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. OKAY. PULL THIS OUT. OUR OUR NEXT ITEM IS

[3. Staff responses to prior public comment and other updates]

SUPERVISORS WORK FIRST TO RESOLVE CONCERNS DIRECTLY. WHEN THAT ISN'T POSSIBLE, HUMAN RESOURCES OR THE CITY ATTORNEY ATTORNEY'S OFFICE CONDUCTS A THOROUGH REVIEW. SUBSTANTIATED VIOLATIONS CAN RESULT IN DISCIPLINE UP TO AND INCLUDING THE TERMINATION OF SOMEONE'S EMPLOYMENT. THANK YOU. THANK YOU. SO WE DO KNOW THAT THERE WERE WE WE KNOW THAT THERE HAVE BEEN OBVIOUSLY COMMENTS MADE. SO WE JUST WANTED TO MAKE SURE THAT AS AS THOSE COMMENTS COME OUT, THAT COUNCIL KNOWS WHAT, WHAT THE POLICY IS AND THAT WE REALLY DO HAVE A POLICY. AND THEN ALSO THE TRAINING ON THE 60 MINUTES EVERY YEAR FOR SAFE WORKPLACE TRAINING. NOW, WE DO

[4. Public Comment]

YOU DON'T HAVE TO GIVE YOUR ADDRESS. JUST GIVE YOUR NAME. AND THEN WHETHER YOU'RE A RESIDENT OF THE CITY OF IDAHO FALLS. HI, I'M MOSEY AND I'M A RESIDENT OF IDAHO FALLS. THIS YEAR, MY SON. I JUST WANT TO MAKE SURE TO CATCH UP. THERE WE GO. THANK YOU. YOU THINK I WOULD KNOW HOW TO DO THAT? HI, I'M MOSLEY, AND I'M A RESIDENT OF IDAHO FALLS. FIRST, I NEED TO ASK YOU TO NOT EXCUSE THE LANGUAGE I'M ABOUT TO USE BECAUSE I HAVE TO HEAR IT. SO.

SO DO YOU. THE FIRST TIME THAT I WAS CALLED A WAS IN ELEMENTARY SCHOOL. AT THE SAME TIME THAT I WAS INVITED TO JOIN A CLUB THAT THEY CALLED THE COOL KIDS CLUB, AND THEY REPLACED THE C'S WITH THE CAVES. AND THAT THAT BEHAVIOR IN THAT LANGUAGE WENT ALL THROUGHOUT MY

[00:05:05]

THE BIGGEST PART FOR ME IS I'M NOT REALLY ASKING FOR ANYTHING TOO CRAZY. I DON'T I DON'T EXPECT ANY POLICY CHANGES. I'M NOT EVEN ASKING FOR ANYBODY'S JOBS OR ANYTHING LIKE THAT. THE BIGGEST THING THAT I WANT TO BRING UP IS THE FACT THAT THERE IS STILL RACISM IN IDAHO FALLS, AND IT HAPPENS ON A DAILY BASIS. ONE OF THE PRIVILEGES THAT I GET TO HAVE FOR MY JOB IS WALKING AROUND TOWN ALL DAY TALKING TO PEOPLE. ONE OF THE PRIVILEGES I DON'T HAVE IS BEING ABLE TO WALK AROUND IDAHO FALLS, TALKING TO PEOPLE, NOT BEING REMINDED OF THE COLOR OF MY SKIN. IT IS SOMETHING THAT HAPPENS LITERALLY DAILY, SOMETIMES HOURLY. BUT EVERY ONCE IN A WHILE I MAKE IT INTO THE PM. BUT MOST OF THE TIME IT HAPPENS WITHOUT BEING ASKED.

AND, AND IT'S SOMETHING THAT IT'S SOMETHING THAT REALLY BOTHERS ME. MY, EVERY ONE OF MY ACCOMPLISHMENTS ARE TAKEN OVER BY THIS, BY THIS WHEN I RAN FOR CITY COUNCIL EVERY INTERVIEW AT SOME POINT ASKED IF HOW HOW DOES IT FEEL TO POSSIBLY BE THE FIRST BLACK CITY COUNCIL PERSON OF IDAHO FALLS? PERSONALLY, DIDN'T CARE ABOUT THAT. ALL I REALLY CARED ABOUT IS THIS COMMUNITY, THIS COMMUNITY THAT I LOVE, THAT I RAISED MY KIDS IN. I HAVE MY BUSINESS, AND THAT'S ALL I'VE EVER CARED ABOUT. NOW, ONLINE AND IN PERSON, I, I GET MET WITH RACISM PRETTY CONSTANTLY, WHETHER IT'S BEING CALLED NAMES, TELLING, BEING TOLD THAT I'M CHIMPING OUT. I DON'T KNOW IF YOU'VE EVER HEARD THAT, DON'T GOOGLE IT. BUT IT'S SOMETHING THAT I HEAR ABOUT ON A, ON A REGULAR BASIS. AND THEN I ALSO GET TOLD THAT IT IS NOT TRUE.

IT DOES NOT HAPPEN. AS YOU GUYS KNOW, I HAVE SCREENSHOTS OF CITY EMPLOYEES CALLING CALLING PEOPLE AND. SO FAR I DON'T I'M NOT AWARE OF ANYTHING THAT'S BEEN DONE, BUT I ALSO KNOW HOW THINGS WORK. SO I KNOW THAT I DON'T I'M NOT GOING TO GET CONSTANT UPDATES ON THESE THINGS, BUT THAT'S FINE. THESE THE CITY EMPLOYEES THAT I THAT I HAVE, I'M NOT GOING TO NAME THEIR NAMES. I'VE BEEN ASKED NOT TO, BUT I WILL SAY THAT THEY ARE CITY EMPLOYEES AND I HAVE A A FEW MORE THAT I HAVE NOT YET SHARED, AND I PLAN ON SHARING IT. FRANKLY, I'M REALLY TIRED OF JUST PEOPLE BRINGING UP THE FACT THAT I'M BLACK FOR NO REASON AND I DON'T CARE FOR IT AS A COMPLIMENT. I DON'T CARE CARE FOR IT AS A POINT OF OF CONVERSATION, I DO NOT, I JUST DON'T, I JUST WANT TO LIVE A NORMAL LIFE AND BE ABLE TO OPERATE MY BUSINESS BECAUSE THAT'S WHAT THAT'S WHAT WE ALL DO. WE TRY TO JUST LIVE. AND I'M SURE MOST OF YOU, MOST YEAH, MOST OF YOU PROBABLY DON'T DON'T HAVE THAT HAVE THAT WEIRD WEIGHT ON YOUR SHOULDER, BUT REALLY, THERE'S THE ISSUE WITH RACISM IS NOT REALLY AGAINST BLACK PEOPLE AS MUCH. IT'S REALLY MORE OF A SOMETHING THAT JUST ANNOYS ME ON A REGULAR BASIS. AND I HAVE TO TALK ABOUT ALL THE TIME. BUT REALLY, THE RACISM IN THIS COMMUNITY IS LARGELY TOWARDS THE HISPANIC POPULATION, LARGELY. I HEAR IT ALL THE TIME. EVEN SOME PEOPLE WHO WILL TALK ABOUT HISPANIC PEOPLE TO ME IN NEGATIVE LIGHTS, BUT I'M RAMBLING NOW, BUT I DO HAVE AN ASS AND IT'S JUST ONE ASS. IT'S NOT THAT COMPLICATED. PLEASE DON'T OVERCOMPLICATE IT. I JUST NEED ONE THING. ALL I NEED IS THE CITY OF IDAHO FALLS ON A OFFICIAL, VERY PUBLIC CAPACITY. DO NOT WRITE. DO NOT WRITE A LETTER. NOBODY READS THE LETTERS. I WANT A VERY PUBLIC COMMENT ON RACISM. AND ALL I WANT YOU TO SAY IS RACISM IS BAD. THAT IDAHO FALLS DOES NOT DOES NOT THE. THE LEADERSHIP OF IDAHO FALLS DOES NOT SUPPORT THE MINDSETS OF RACISM. NOW I UNDERSTAND IF YOU ARE PROTECTING YOUR ANY FRIENDS, FAMILY OR OTHERWISE THAT MIGHT BE RACIST AND YOU DON'T WANT TO MAKE THEM UPSET, BUT I, I DON'T, I DON'T CARE IF YOU DON'T DO THE STATEMENT, THEN I DON'T KNOW IF YOU DO DO THE STATEMENT, THEN THANK YOU. AT LEAST WE GET SOME VALIDATION. IT'S NOT ABOUT ME BEING BLACK. IT'S NOT ABOUT PEOPLE BEING MEXICAN, MEXICAN, NICARAGUAN, OR FROM ANY OTHER COUNTRY. IT'S ABOUT KNOWING WHAT SIDE OF HISTORY IDAHO FALLS CHOOSES TO BE ON. ALL I WANT TO SEE. MATTER OF FACT, POST IT UP ON FACEBOOK. RACISM IS BAD AND I WILL BE HAPPY.

THAT'S ALL I WANT AT THE END OF THE DAY. THANK YOU GUYS SO MUCH FOR LISTENING. LISTENING TO ME.

MATTER OF FACT, I DIDN'T CRY TODAY, WHICH I THOUGHT I WAS GONNA CRY. IT'S. THIS HAS BEEN SOMETHING I'VE DEALT WITH SINCE I WAS VERY LITTLE, AND I'M HONESTLY JUST TIRED OF DEALING WITH IT. I JUST WANT TO LIVE LIFE. SO IF YOU GUYS CAN DO THAT FOR ME AT SOME POINT, THAT'D BE AWESOME. EITHER WAY, I'M STILL GOING TO BE HERE AND I'LL PROBABLY MAKE A FUSS ABOUT SOMETHING ELSE SOON. THANK YOU. THANK YOU FOR COMING TODAY. I DON'T KNOW HOW THIS WORKS. JUST

[00:10:13]

SO I JUST WANT TO, YOU KNOW, THANK YOU FOR THE GREAT JOB THAT YOU DO AND, AND SAY, YOU KNOW, LET'S, LET'S KEEP THESE, THESE OPTIONS OPEN SO THAT OUR CITY CAN CONTINUE BUILDING THE WAY IN THE WAYS THAT IT NEEDS TO BE BUILT IN WAYS THAT CAN BEST BENEFIT OUR CITIZENS.

THANK YOU. THANK YOU, DREW. GOOD EVENING. I'M CHRIS. I LIVE IN AMMON. I, I, I'M HERE ABOUT FLOCK CAMERAS AND ALL OF THE OTHER LICENSE PLATE READERS. YOU GUYS HAVE ALL BEEN DRIVING AROUND TOWN AND SEEING THE COP BEHIND YOU. YOU ACT DIFFERENT AND BEHAVE DIFFERENT. YOU THINK DIFFERENT WHEN IT IS BEHIND YOU. IF YOU'RE JUST DRIVING AROUND TOWN NOT DOING ANYTHING, WHY DO WE HAVE THESE CAMERAS STARING US DOWN? CREATING A DATABASE OF INNOCENT CITIZENS IN OUR COMMUNITY WHO HAVE DONE NOTHING. DID YOU GUYS, I ARE TRACKING THIS. ARE YOU KEEPING A DATABASE OF WHERE WE GO, WHERE WE'VE BEEN? I REQUEST THAT YOU GUYS TAKE DOWN FLOCK CAMERAS.

I'VE TALKED TO THE CITY OF AMMON AND THEY'VE SAID IT'S BONNEVILLE COUNTY SHERIFF'S DEPARTMENT THAT RUNS IT. I TALKED TO BONNEVILLE COUNTY SHERIFF'S DEPARTMENT. THEY SAID THAT THE COUNTY THAT RUNS THEM, I CALLED THE COUNTY, I GOT GHOSTED. I'M TRYING TO GET TO WHOEVER I CAN GET TO, TO GET SOME SORT OF AN ANSWER. I DON'T SEE THEM AS BEING THE BENEFIT.

THEY TALK ABOUT KIDNAPINGS AND, AND THAT'S REALLY THE ONLY BENEFIT THAT I'VE EVER HEARD THEM AS A POSITIVE. OTHERWISE, THERE WAS ATTRACTING INNOCENT CITIZENS. SO PLEASE, IF IT'S NOT YOU GUYS THAT THEY CONTROL THEM, PLEASE USE YOUR WEIGHT WITH THE COUNTY TO GET THEM DOWN. THERE'S TOO MANY OF THEM. ONE IS TOO MANY. THANK YOU. THANK YOU CHRIS. JIM FOR PRESIDENT REXBURG DREW COVERED JUST ABOUT EVERYTHING I WAS GOING TO SAY. SO I'M GOING TO KEEP IT REALLY SHORT. I WOULD HOPE THAT YOU GUYS WOULD CONSIDER AMENDING INSTEAD OF RESCINDING THE CODE. I THINK EVERYTHING I WATCHED THE WORK SESSION, I WATCHED THE COUNCIL MINUTES FROM AUGUST. I THINK EVERYTHING THAT I HAVE, I SHARE THE SAME FRUSTRATION AS YOU DO, BUT I THINK THEY CAN ALL BE DONE BY AMENDING THE ORDINANCES AND PUTTING IN SPECIFICALLY WHAT YOU WANT IN THAT ORDINANCE, VERSUS THROWING THE BABY OUT WITH THE BATHWATER. THE PUD IS A TOOL FOR BLIGHTED PROPERTIES THAT ARE OTHERWISE UNDEVELOPABLE, BUT PRIVATE STREETS, PARKING, YOU KNOW, FIRE ACCESS, ALL THOSE THINGS CAN BE TAKEN CARE OF WITH JUST SIMPLE AMENDMENTS TO THE CODE. SOME COULD BE TWO SENTENCES, AMENDMENTS. BUT I WOULD HOPE TONIGHT THAT THAT IS CONSIDERED OVER RESCINDING ALTOGETHER. THANK YOU. THANK YOU JIM. I TERRY IRELAND, I'M HERE ON BEHALF OF THE IDAHO FALLS DOWNTOWN MERCHANTS ASSOCIATION.

YOU ALL RECEIVED AN EMAIL EARLIER THIS WEEK. I WANT TO TALK ABOUT THAT EMAIL. AND I

[00:15:05]

THEY DON'T WANT TO COMMUNICATE WITH THEM. THEY DON'T WANT TO BE A PART OF IT. THEY DON'T WANT THE DTC. AND WITH THE RECENT TAX INCREASE THAT MOST OF THE PROPERTY OWNERS HAD THIS YEAR, THEY'RE ALSO NOT INTERESTED IN RENEWING THE ID. SO I WANT YOU TO TAKE THAT INTO CONSIDERATION. AS YOU LOOK AT DECIDING WHETHER OR NOT YOU WANT TO RENEW THE MANAGEMENT PLAN OR CONSIDERING, YOU KNOW, RENEWING IT FOR NEXT YEAR. I KNOW IT'S ON THE AGENDA TO AT LEAST, YOU KNOW, RENEW IT THROUGH THE END OF OCTOBER. BUT SOME SERIOUS CONVERSATIONS NEED TO BE HAD BY ALL OF THE STAKEHOLDERS. AND I, AND I HOPE THAT WE CAN GET STARTED ON THAT RIGHT AWAY. THANK YOU. THANK YOU TERRY. HI. MY NAME IS MELISSA AND I LIVE IN IDAHO FALLS. I HAVE I WAS THE ONE THAT DID THE, THE EMAIL THAT WENT TO YOU AND I WOULD I WOULD LIKE TO READ IT FOR THE RECORD JUST SO THAT WE. IS THAT FAIR? YES, IT WOULD BE IN THE RECORD.

WE DO TRY AND LIMIT THESE TO ABOUT THREE MINUTES. SO OKAY, I'LL I'LL MAYBE PARAPHRASE SOME OF IT. YES, SURE. THAT'D BE GREAT. OKAY, LET ME GET THERE. OKAY. MY GOSH, I SHOULD HAVE PULLED THIS UP FIRST. DO YOU HAVE A COPY? TAKE YOUR OWN. READ IT OFF MY PHONE. EITHER, WHICH IS SOMETIMES A BAD IDEA. I AM WRITING TO FORMALLY DOCUMENT SEVERAL ONGOING CONCERNS REGARDING THE RELATIONSHIP BETWEEN DOWNTOWN DEVELOPMENT AND THE MERCHANTS.

HIS BUSINESSES ARE DIRECTLY AFFECTED BY ITS DECISIONS. I AM ONE OF THOSE MERCHANTS AND I AM AFFECTED. I'M WRITING THIS IN OUR TELEPHONE CONVERSATION. I'LL SKIP THAT, THAT PARAGRAPH.

BUT THERE ARE. I'M GOING TO SKIP DOWN TO. THERE ARE SEVERAL SPECIFIC ISSUES I WOULD LIKE ADDRESSED DOWNTOWN EVENTS AND TRAFFIC DISRUPTION. DOWNTOWN EVENTS ARE FREQUENTLY SCHEDULED ON SATURDAYS, WHICH IS ONE OF THE BUSIEST RETAIL DAYS OF THE WEEK. STREET CLOSURES ALTER TRAFFIC PATTERNS, PARKING RESTRICTIONS AND CONGESTION CAN MAKE IT MORE DIFFICULT FOR CUSTOMERS TO ACCESS DOWNTOWN BUSINESSES. I WOULD LIKE TO UNDERSTAND WHAT CONSIDERATION IS GIVEN TO THE FINANCIAL IMPACT ON EXISTING MERCHANTS WHEN THESE EVENTS ARE SCHEDULED AND UPON, AND WHAT MERCHANTS ARE GIVEN BEFORE DATES, LOCATIONS AND STREET CLOSURES ARE FINALIZED. SECOND ONE AND THIS ONE MIGHT NEED SOME CLARIFICATION, MAYBE FROM THE CITY. I'M NOT SURE THAT ALLEY DUMPSTERS AND GARBAGE FEES. WE'VE BEEN ASSESSED THAT BUSINESSES ARE REQUIRED TO HAVE THEIR OWN DUMPSTER SERVICE WHILE PAYING FOR GARBAGE SERVICE THROUGH OUR REGULAR CITY UTILITY BILLS. I WOULD LIKE I WOULD APPRECIATE A CLEAR EXPLANATION OF WHY DOWNTOWN MERCHANTS ARE RESPONSIBLE FOR BOTH THE CHARGES, WHAT EACH CHARGE SPECIFICALLY COVERS, WHO DETERMINES THE ADDITIONAL DUMPSTER FEE, AND WHETHER PARTICIPANT PARTICIPATION IN THAT SERVICE IS MANDATORY. THE OTHER THE RELEVANCE AND BENEFIT OF DOWNTOWN EVENTS. I'M JUST GOING TO KIND OF SKIP THROUGH THAT. YOU KIND OF KNOW WHAT I'M TALKING ABOUT. THE EVENTS THEY HELD DOWNTOWN LAST SATURDAY. IT WAS A JAZZ FESTIVAL. THIS WEEKEND, IT'S AN OKTOBERFEST FOR SATURDAY, ALL PARKING IN FRONT OF MY PLACE OF BUSINESS IS COMPLETELY AFFECTED. I HAVE NO PARKING ABOUT MY BUSINESS. I'LL GO ON TO METER PARKING.

THIS HAS BEEN, I KNOW, A HOT TOPIC. IT. IT BROUGHT ABOUT 50 MERCHANTS TOGETHER LAST SUMMER

[00:20:07]

THEY'VE HAD CONCERNS. I DIDN'T GET A RECEIPT, AM I COVERED? AM I GOING TO BE TOWED? WHAT'S GOING TO HAPPEN? SO I KNOW THAT METERED PARKING WITH AN APP IS NOT ALWAYS THE FRIENDLIEST WAY TO DO THAT. SO MORE BROADLY, I WOULD APPRECIATE CLARIFICATION REGARDING THE SERVICES DOWNTOWN DEVELOPMENT CURRENTLY PROVIDES SPECIFICALLY TO EXISTING DOWNTOWN MERCHANTS. MOST OF THE COMMUNICATION WE RECEIVE CONSISTS OF EMAILS NOTIFYING OF US, OF EVENTS OR DECISIONS THAT HAVE ALREADY BEEN PLANNED. VERY LITTLE OPPORTUNITY FOR US TO PUT IN OUR OUR OPINION AND OUR THOUGHTS. I AM REQUESTING A WRITTEN RESPONSE ADDRESSING THE CONCERNS OUTLINED ABOVE, INCLUDING HOW DOWNTOWN MERCHANTS ARE CURRENTLY CONSULTED BEFORE DECISIONS AFFECTING THEIR BUSINESSES ARE MADE. THE PURPOSE OF AND STRUCTURE OF THE ADDITIONAL ALLEY DUMPSTER CHARGES. HOW THE ECONOMIC IMPACT OF DOWNTOWN EVENTS ON EXISTING MERCHANTS IS EVALUATED. THE CURRENT STATUS OF PROPOSED METER PARKING, AND HOW MERCHANT OPPOSITION IS BEING CONSIDERED, AND FIVE WHAT SERVICES AND ADVOCACY DOWNTOWN DEVELOPMENT PROVIDES SPECIFICALLY FOR EXISTING DOWNTOWN BUSINESSES. I DON'T PERSONALLY FEEL I AM HAVE AN ADVOCATE AND I. IN THE DOWNTOWN DEVELOPMENT. I WOULD LIKE TO MENTION THAT YOU'RE TALKING TO.

AND I WILL NOT USE THEIR NAMES BECAUSE I DIDN'T ASK FOR THEIR PERMISSION. ONE LARGE BUSINESS OWNER DOWNTOWN HAS SAID THAT THEIR BID TAX WENT UP 177% FOR NEXT YEAR. I, I DID TALK TO ANOTHER ONE THAT IS CONCERNED. SHE COMES INTO MY SHOP ALMOST WEEKLY WITH HER CONCERNS AND HAS BEGGED ME TO GET INVOLVED AND I. I CHOOSE TO NOT GET INVOLVED. KIND OF LIKE TERRY SAID, I KIND OF STAYED IN MY LANE. THEY STAY IN THEIR LANE. WE JUST KIND OF AVOID EACH OTHER. BUT WHEN I DID SEND THIS OUT TO AN EMAIL, I GOT A RESPONSE FROM KERRY AND IT SAID, I WANT TO KNOW WHAT THE LOSSES YOU WILL. LET'S SEE, HOW DOES SHE WORK THIS? I SHOULD READ IT DIRECTLY, WHAT LOSSES I WILL INCUR BECAUSE OF HER ACTIVITIES THIS SATURDAY. AND TO THAT I SAY YOU HAVE THIS BACKWARDS. SO ANY QUESTIONS? I MEAN, I'M WILLING TO ANSWER QUESTIONS OR YOU DON'T DO THAT. AWESOME. I DON'T WANT TO ANSWER THAT RIGHT NOW. THANK YOU. THANK YOU.

THANK YOU. HEY, COUNCIL, MY NAME IS JAMES FOSTER. I HAVE LIVED IN IDAHO FALLS AND THE SURROUNDING AREA MY ENTIRE LIFE. SOMEWHERE IN THIS CITY RIGHT NOW, A CAMERA IS PHOTOGRAPHING A CAR BELONGING TO SOMEONE WHO HAS DONE ABSOLUTELY NOTHING WRONG. IT WILL DO IT AGAIN IN A MINUTE AND ANOTHER MINUTE AFTER THAT, AND ANOTHER MINUTE AFTER THAT. AND NOBODY IN THIS ROOM EVER VOTED TO START THAT. IN JULY, YOU VOTED UNANIMOUSLY TO STOP BLOCK FROM FROM TRAINING ITS ARTIFICIAL INTELLIGENCE ON OUR PLATE DATA. AND WE THANK YOU FOR THAT. BUT PATCHING ONE CLAUSE DOES NOT FIX THE MACHINE. IDAHO CODE 491432 IS NARROW ON PURPOSE. THIS DATA IS FOR INVESTIGATING CRIMES, TRAFFIC ACCIDENTS AND MISSING PERSONS. THAT IS THE LIST. THE LEGISLATURE NEVER AUTHORIZED A PERMANENT MAP OF WHERE EVERY PERSON DRIVES AND GOES.

SERGEANT LOVELL OF THE BCSO HAS SAID THESE CAMERAS ARE NO DIFFERENT THAN AN OFFICER WITH A PEN AND PAPER OR RESPECTFULLY, SERGEANT LOVELL, THAT FALLS APART ON CONTACT. A PEN DOESN'T RECORD EVERY CAR, EVERY DAY, FOREVER. A NOTEBOOK CAN'T BE QUERIED BY AN OFFICER. THREE STATES AWAY IN FOUR SECONDS, AND NO DEPUTY WITH A NOTEPAD EVER WROTE DOWN ONE WOMAN'S PLATE 400 TIMES BECAUSE A HUMAN BEING WOULD HAVE BEEN NOTICED. THAT'S NOT HYPOTHETICAL. 90 MILES WEST OF THE FORMER SHERIFF OF JEROME COUNTY, WHOSE FLOCK TO SEARCH FOR HIS OWN WIFE'S VEHICLE HUNDREDS OF TIMES. NATIONALLY, AROUND 50 OFFICERS ARE ACCUSED OR CHARGED WITH ABUSING THESE SYSTEMS, MORE THAN HALF TRACKING WIVES, GIRLFRIENDS OR EXES. IN NEARLY

[00:25:02]

CHIEF JOHNSON SAYS THE CAMERAS FIND PEOPLE WITH WARRANTS, AND I DO BELIEVE HIM. NOTHING I'M ASKING FOR TONIGHT STOPS A SINGLE ONE OF THOSE HITS. AN AUDIT DOES NOT SLOW DOWN A DETECTIVE. IT ONLY SLOWS DOWN THE SHERIFF LOOKING FOR HIS WIFE. AND THIS IS NOT A FRINGE POSITION. LAST MONTH, A NATIONAL POLICING INSTITUTE SURVEY FOUND 54% OF AMERICANS OPPOSE THESE PROGRAMS IN THEIR OWN COMMUNITIES, AGAINST THE 35% THAT ARE IN SUPPORT. DOZENS OF CITIES HAVE CANCELED THEIR CONTRACTS WITH FLOC AND AXON OUTRIGHT. NOBODY IN IDAHO FALLS HAS BEEN ASKED ABOUT FLOC. THERE IS NO HEARING, NO BALLOT, NO CONSENT. IT'S A BIG WORD CONSENT. THE CAMERAS JUST APPEARED, AND WE WERE INFORMED AFTERWARD THAT IT WAS FOR OUR OWN GOOD. COUNCILOR RADFORD, IN JULY, YOU SAID YOU DIDN'T WANT YOUR VOTE TO READ AS AN APPROVAL OF FLOC, AND I TOOK YOU AT YOUR WORD. COUNCIL PRESIDENT FRANCIS, YOU ASKED POLICE FOR ALTERNATIVES, AND THAT WAS TWO MONTHS AGO. SO I'M ASKING NOW WHAT CAME BACK. SO I HAVE THREE OTHER QUESTIONS. ONE I THREE ASKS, I GUESS ONE, A PUBLICLY QUARTER, A PUBLIC QUARTERLY AUDIT. EVERY SEARCH, THE AGENCY AND THE STATED REASON. TWO, A SEVEN DAY RETENTION, NOTHING SHARED WITH OUT OF STATE OR FEDERAL AGENCIES WITHOUT A SIGNED WARRANT. I DON'T THINK THAT'S A HARD ONE. AND THREE, AN ANNUAL SUNSET. SO THIS COUNCIL VOTES AGAIN IN PUBLIC AND ON RECORD EVERY YEAR. THE COUNTY'S NINE CAMERAS AREN'T YOURS TO GOVERN.

THE CITY'S 13, THOUGH THEY ARE. THAT'S EXACTLY WHY YOUR AUDIT MATTERS. EVERY GENERATION GETS ASKED TO TRADE A LITTLE BIT OF FREEDOM FOR A LITTLE BIT OF SAFETY, AND IT'S ALWAYS SOLD AS MODEST AND TEMPORARY, BUT IT'S NEVER EITHER ONE. NOBODY EVER ASKED. NOBODY EVER TAKES THE CAMERAS DOWN ONCE THEY'VE BEEN PUT UP. SO BE THE COUNCIL. THAT PROVES THAT WRONG. THANK YOU, THANK YOU JAMES. GOOD EVENING COUNCIL. MY NAME IS MATTHEW. I RESIDE HERE IN IDAHO FALLS. I AM HERE TO ADDRESS THE CAMERAS AS WELL. I'LL TRY TO KEEP THIS STRAIGHTFORWARD AND SUCCINCT AS YOU TRY NOT TO REPEAT A LOT OF WHAT EVERYBODY ELSE HAS ALREADY SAID. WE ARE THE PRIVATE CITIZENS OF THE CONSTITUTIONAL REPUBLIC OF THE UNITED STATES THAT IS FOUNDED UPON INDIVIDUAL LIBERTIES THAT ARE LIFE, LIBERTY, AND THE PURSUIT OF HAPPINESS. CONNECTED TO THAT IS THE CONSTITUTION THAT OUTLINES, OUTLINES OUR NATURAL, INALIENABLE RIGHTS IN ORDER TO CONSTRAIN THE GOVERNMENT FROM INFRINGING UPON THEM. FLOCK IS CALLED A TOOL FOR PUBLIC SAFETY.

PUBLIC SAFETY IS A WEAPON USED TO ERODE OUR RIGHTS AND CALL THEM PRIVILEGES. WE ALL HAVE THE RIGHT TO PRIVACY AND THE RIGHT TO TRAVEL PRIVATELY WITHOUT THE GOVERNMENT INTERFERING. GOVERNMENTS ACROSS THE U.S. ARE USING FLOCK TO PRY INTO OUR PRIVATE LIVES BY HAVING CONSTANT SURVEILLANCE ON INNOCENT PEOPLE WITHOUT A WARRANT OR PROBABLE CAUSE. THE FOURTH AMENDMENT DIRECTLY RESULTS THIS VIOLATION OF A DRAGNET OR SWEEP STYLE OF INFORMATION, EVIDENCE OR PROPERTY GATHERING ON INNOCENT PEOPLE. PLEASE STOP TREADING ON OUR RIGHTS. EVERY NEGATIVE ASPECT OF FLOCK WILL ALWAYS OUTWEIGH THE GOOD, BECAUSE CORRUPTION ALWAYS FINDS A LOOPHOLE IN ANY GUARDRAILS THAT ARE CREATED. THIS ABUSE OF THIS SYSTEM IS WELL DOCUMENTED AND OUTSIDE OF YOUR CONTROL. WHEN ANY GOVERNMENT DEPARTMENT CAN GAIN UNFETTERED ACCESS TO WHAT IS RECORDED TO BUILD A PROFILE ON ALL PRIVATE CITIZENS, THE CONSTITUTION IS A DOCUMENT THAT OUTLINES OUR RIGHTS. BUT I'M A LIVING BEING AND ALSO MY RIGHTS.

IT'S CLEAR TO ME THAT THE PEOPLE ARE GOVERNED BY OUR CONSENT, AND I DO NOT CONSENT TO FLOCK OR ANY MASS SURVEILLANCE TO INFRINGE ON MY RIGHTS TO PRIVACY AND TRAVEL. I ALSO DO NOT CONSENT TO MY DATA BEING USED AND SOLD WITHOUT MY KNOWLEDGE. I IMPLORE YOU TO COMPLETELY DISCONTINUE THE USE OF ALL FLOCK AND FLOCK STYLE MASS SURVEILLANCE IN THIS CITY.

IT CAN AND WILL ONLY BE USED AS A TOOL FOR TYRANNY. THANK YOU, THANK YOU. ANYONE ELSE WHO WOULD LIKE TO ADDRESS THE COUNCIL? BEFORE I CLOSE THE PUBLIC SECTION OF OUR MEETING? OKAY. THANK YOU, EVERYONE FOR YOUR PARTICIPATION IN THAT. OUR NEXT ITEM I KNOW IS GOING TO

[5. Consent Agenda]

[00:30:06]

YES. LEE. YES. THANK YOU. MOTION CARRIES. OKAY. OKAY. SO THEN OUR FIRST ITEM THEN WILL

[5.C.1) IFDDC Extension to Management Services Agreement]

AND SO WE JUST SAID YES THROUGH ON THIS CONSENT AGENDA. IT WAS JUST THROUGH THE END OF OCTOBER TO ALLOW THEM TO HAVE THE TIME TO MEET WITH AS THEIR EXECUTIVE BOARD, AS WELL AS THE BOARD OF DIRECTORS. WE DIDN'T FEEL LIKE IT WAS APPROPRIATE TO LET IT LAPSE. IT FELT LIKE IT WAS BETTER TO KEEP THE AGREEMENT IN PLACE SO THAT THEY COULD CONTINUE TO DO THEIR WORK LEGALLY, WHICH IS, YOU KNOW, THE CITATIONS AND WHATNOT. WE JUST FELT LIKE, GIVE THEM ANOTHER MONTH AND LET THEM COME FORWARD WITH WITH THEIR PROPOSALS. SO THAT THAT IS WHAT THE EXTENSION WOULD BE IS THROUGH OCTOBER 31ST OF 2026. THEN THEY, THEY PLAN ON BRINGING FORWARD A DRAFT OF THE PARKING MANAGEMENT AND BID AGREEMENTS. I WOULD THINK THAT WE WOULD HAVE THAT AT A WORK SESSION AND THEN SO THAT WE COULD VOTE ON IT. BUT IT WAS IT WAS JUST RUNNING UP AGAINST TOO HARD OF A TIME LINE TO NOT BE ABLE TO, TO HAVE THEM OPERATE

[00:35:04]

YEAH. NEITHER OF US ARE. WHAT WAS THAT? NEITHER OF US ARE ON THAT EXECUTIVE BOARD. SO THE EXECUTIVE BOARD IS OCTOBER 1ST, AND THEN THE FULL BOARD IS OCTOBER 13TH. RIGHT. NEITHER OF US ARE ON THAT. OH, OKAY. SO IT IT, IT SHOULD HAVE BEEN DONE BY NOW. AND, AND I WOULD, I WOULD ASK THE CITY TO PLEASE LOOK INTO THEIR BILLING THERE. THEY HAVE NOT PAID BILLS. I'M UNDERSTANDING. I MEAN, BRING IN SOME OF THE OTHER EMPLOYEES THAT WORK WITH HER TO CARRY THINGS ARE A MESS IN THEIR. THANK YOU. I WELL, I JUST WANT TO CLARIFY OR I GUESS A QUESTION TO MAKE SURE I UNDERSTAND THIS IS AN EXTENSION OF THE AGREEMENT THAT WE DID THIS SPRING, BECAUSE IT WAS KIND OF DELAYED FOR SOME REASON. YES, THIS, THIS WAS THIS WAS LAST YEAR'S AGREEMENT. RIGHT. AND SO THIS IS JUST FOR ONE MONTH, RIGHT? THIS ISN'T OH, LET'S AGREE TO LAST YEAR'S CONTRACT FOR AN ENTIRE YEAR. IT WAS LET'S JUST EXTEND LAST YEAR'S AGREEMENT FOR ONE MONTH. CAN I ASK IS THAT BEFORE OR AFTER THE BID VOTE? WE COULD WE CAN IF IF WE WE WOULD HAPPILY ADDRESS ALL OF THAT AFTER AFTER WE ARE FINISHED. BUT BECAUSE IT ISN'T A IT ISN'T A HEARING. WE WOULD WE WOULD HAPPILY BE ABLE TO ADDRESS THAT. I DON'T KNOW WHETHER THAT WILL HAPPEN WITH JACOB OR MYSELF, BUT WE WILL. AS SOON AS COUNCIL MEETINGS OVER, WE'D BE HAPPY TO ADDRESS THAT. I DON'T THINK THE BID VOTE ACTUALLY IS FOR A YEAR.

YEAH, THAT'S MY UNDERSTANDING TOO. AND THEN I THINK, JIM, YOU HAVE A GREAT POINT. AND I THINK THAT'S SOMETHING WE SHOULD MENTION HERE THAT FOR US AS A COUNCIL, WE HAVE MORE AT STAKE IN THIS CONTRACT THAN JUST DOWNTOWN DEVELOPMENT, KIND OF MARKETING AND HELPING DOWNTOWN BUSINESSES. WE USE THEM AS OUR PARKING ENFORCEMENT CONTROL, AND THAT'S WHAT THIS CONTRACT IS A LOT FOR US. AND I THINK THAT'S ANOTHER PIECE FOR THE PUBLIC TO KNOW THAT THAT'S SOMETHING WE'RE WEIGHING WHEN WE LOOK AT THIS CONTRACT AS MUCH AS ANYTHING. AND I THINK THAT BECAME CLEAR LAST YEAR IN THAT CONVERSATION AROUND DOWNTOWN PARKING AND THAT THAT THE COUNCIL DID LISTEN AND TRIED TO BE WILLING TO KIND OF BE FLEXIBLE ABOUT THAT AND TRY TO FIGURE A WAY FORWARD. SO I, I THINK THAT'S JUST SOMETHING THAT WE SHOULD BE CLEAR ABOUT.

YEAH, I THINK THE EXTENSION GIVES EVERYBODY A CHANCE TO WORK SOME OF THIS THROUGH IN A WAY OUTSIDE THIS MEETING. WE CAN'T DIGEST THIS RIGHT NOW. YEAH. WE NEED THE TIME TO FIGURE IT OUT. THEY NEED THE TIME TO FIGURE IT OUT. IT CLEARLY. I MEAN THAT'S KIND OF WHAT THE MESSAGE IS. THEY NEED. THEY RECOGNIZE THAT THEY NEED TIME TO BE ABLE TO FIGURE THIS OUT. AND THEN WE WILL HAVE A WORK SESSION TO LET THEM BRING FORWARD WHATEVER DRAFT PARKING MANAGEMENT AGREEMENT AND THEIR BUDGET. SO WITH THAT, THEN I WOULD MOVE THAT WE DO, AS MENTIONED IN THE CONSENT AGENDA, HAVE THE IDC EXTENSION TO THE MANAGEMENT SERVICE AGREEMENT WITH THE RECOMMENDATION THAT YOU WORK WITH THAT GROUP TO ADDRESS YOUR CONCERNS. AND THEN WHEN IT COMES TO US, THEN WE CAN MAKE DECISIONS. THANK YOU. SECOND. LARSEN. YES. DINGMAN.

YES. FRANCIS I. FREEMAN. YES. LEE. YES. RADFORD. AYE. MOTION CARRIES. OUR SECOND ITEM ON OUR

[6.A.1) Service Agreement for Wastewater Collection and Treatment with the Iona Bonneville Sewer District (IBSD) 26-201]

BASICALLY IT'S A FIVE YEAR AGREEMENT. WE UPDATED IT FIVE YEARS AGO AND IT JUST HAS TO UPDATE. SO WE DID DO AN EXTENSION LAST MAY TO GET US THROUGH THE END OF END OF SEPTEMBER. AND BEFORE YOU GOT A SOME DEGREE DSD, IT COMPLIES WITH IT FALLS IN LINE WITH OUR CURRENT WASTEWATER FACILITY PLAN FOR RATES AND RECOMMENDATIONS. THERE'S A LITTLE BIT OF LANGUAGE THAT WE ADDED FOR IBS-D DESIRE TO SET UP THEIR OWN FACILITY AND COME

[00:40:02]

OKAY. ARE WE READY FOR OUR MOTION THEN FROM PUBLIC WORKS? I SUPPOSE. JUST KIDDING. WHEN WE WERE DISCUSSING THIS AND OUR AND OUR LIAISON MEETING, I JUST WANT TO GIVE A KUDOS TO DIRECTOR CANFIELD, WHO HAS SPENT A LOT OF TIME ENSURING THAT THE CITY VITAL FALLS, I THINK, WAS ADEQUATELY PROTECTED AND THAT THE PARTNERSHIP WAS MUTUALLY BENEFICIAL. SO THANK YOU, DIRECTOR CANFIELD, FOR THE EXTRA TIME THAT YOU PUT ON THIS, BECAUSE THERE WAS EXTRA TIME.

SO I WILL GO AHEAD AND MOVE TO APPROVE THE SERVICE AGREEMENT FOR WASTEWATER COLLECTION TREATMENT WITH THE ANTIBIOTIC IONA BONNEVILLE SEWER DISTRICT, AND GIVE AUTHORIZATION FOR THE MAYOR AND CITY CLERK TO EXECUTE THE NECESSARY DOCUMENTS. SECOND, FRANCIS I. FREEMAN. YES.

DINGMAN. YES. LARSON. YES. RADFORD. I. LEE. YES. THANK YOU. MOTION CARRIES. OKAY. NEXT ITEM

[6.B.1) Professional Audit Services for Fiscal Year Ending September 30, 2026 26-369]

THEY WILL PROVIDE AN ANNUAL AUDIT. AUDIT COVERS THREE OPINIONS. FIRST IS ITS PRESENT OPINION ON THE PRESENTATION OF ITS ANNUAL FINANCIAL REPORT, WHICH IS USUALLY LIKE AN ODD MODIFIED OPINION, WHICH IS A GOOD OPINION. AND SECOND, IT'S AN IT'S OPINION ON OUR INTERNAL CONTROLS, OUR ABILITY TO CREATE AND CONTROL THE CITY FINANCES, TO PRODUCE THE FINANCIAL REPORT.

AND THEN WE HAVE TWO OTHER OPINIONS THAT WE GET FROM BAKER TILLY, ITS OPINION ON OUR PFC.

OUR COLLECTION OF PASSENGER FACILITY CHARGES. AND THEN WE HAVE AGREED UPON PROCEDURES FOR TRANSIT, JUST LIKE THE PFC. WE HAVE TO REPORT ON HOW WE ARE COLLECTING ADMINISTRATOR TRANSIT FUNDS. SO THOSE ARE THE OPINIONS THAT ARE COVERED. AND THE ANNUAL AUDIT REPORT, AS WELL AS A SINGLE AUDIT OPINION, WHICH IS OVER OUR FEDERAL WARDS. AND SO WE HAVE BUDGETED WITHIN THAT CONTRACT TWO MAJOR AWARDS THAT WILL BE AUDITED. THOSE ARE DETERMINED WHEN THEY COME OUT ON SITE. THERE'S A CALCULATION TO DETERMINE WHAT A MAJOR AWARD IS FOR A SINGLE AUDIT. IF IF THERE IS DETERMINED THAT WE HAVE THREE MAJOR PROGRAMS, THEN WE'LL HAVE TO INCREASE OUR FEE.

IS THERE ANY OTHER QUESTIONS? HOW LONG DOES IT MENTION BROOKS SLIDER WILL BE ADMINISTERING THE. SHE'LL BE THE PROJECT LEAD FOR THE AUDIT. SHE IS MY. COMPETITION. OKAY. I'M JUST CURIOUS IF THERE'S A DO NOT EXCEED AMOUNT IN THERE ANYWHERE. THEY DO NOT EXCEED IS THAT IS THE CONTRACT AMOUNT 184 500. OKAY. IF THERE IS ANOTHER MAJOR PROGRAM, WE'RE ASSESSED ANOTHER.

WE'LL COME BACK FOR ANOTHER APPROVAL. THAT'S CORRECT. OKAY. TYPICALLY IF WE ADD ANOTHER

[00:45:02]

[6.C.1) IFP 26-24 Substation 72.5KV SF6 Breakers Purchase 26-335]

THANK YOU, MAYOR AND COUNCIL FOR THE OPPORTUNITY TO BE HERE. AS MENTIONED, THE FIRST ITEM FROM IDAHO FALLS POWER IS THE CONSIDERATION OF PURCHASE OF 372.5 KV SUBSTATION BREAKER. WE DID RECEIVE BIDS FROM FOUR DIFFERENT VENDORS ASSOCIATED WITH THIS, AND THE LOW BID WAS SUPPLIED BY WESTERN ELECTRIC, THE LIONS. THAT BID WAS FOR $342,588. OR IF YOU LOOK AT THE BID TAB, THAT'S ESSENTIALLY $113,000 FOR BREAKERS. AFTER REVIEWING THOSE, IDAHO FALLS POWER RECOMMENDS PROCEEDING FORTH WITH THE PURCHASES, AND IF APPROVED, THESE BREAKERS WILL BE INSTALLED IN THEIR RACK SUBSTATION. AND PART OF THAT REBUILD, I THINK THE MEMO INDICATED THE DURATION TO RECEIVE THESE IS BETWEEN 55 AND 65 WEEKS, SO PRETTY LONG DURATION. IN ORDER TO GET THOSE IN TIME TO TO GO TO WORK, BUT HAPPY TO ANSWER ANY QUESTIONS.

IF THERE ARE ANY QUESTIONS, COUNCIL MEMBER, IS THIS ONE OF THOSE WE PAY UP FRONT OR WE PAY WHEN THE DELIVERY WHEN WHEN WE RECEIVE THOSE. OKAY, I JUST WANT TO NOTE THE DIFFERENCE BETWEEN THE SECOND LOWEST BID WAS LESS THAN $100. AND THAT'S PRETTY TIGHT. I DON'T SEE THAT A LOT. ARE ARE WE SEEING ANY IMPROVEMENT IN SUPPLY CHAIN SPEEDS? I MEAN, YOU KNOW, THE NUMBER OF WEEKS WE'RE TALKING ABOUT HERE, SADLY THAT IS AN IMPROVEMENT. THAT IS AN IMPROVEMENT. OKAY. WHAT I'M WONDERING WHAT'S WHAT'S THE TREND I GUESS IS WHAT. YEAH, I THINK THAT IS IMPROVING. I THINK WHEN YOU THINK ABOUT OUR ECONOMY, WHEN YOU HAVE THOSE NEEDS THAT ARE OUT THERE AND THE MANUFACTURING AND THINGS TO CONTINUE TO GROW, I THINK THERE HAVE BEEN SOME PEOPLE THAT HAVE STOOD UP, SOME OF THESE MANUFACTURING SITES THAT ARE ABLE TO HELP BRIDGE THAT GAP AND HELP FEED THAT, BUT THERE IS A PRETTY LONG GETTING THAT MANUFACTURING SITE STOOD UP AND THOSE TYPES OF THINGS. BUT BUT IT IS HELPING. SO WE'RE HAPPY TO WE WERE IN A FIVE YEARS OR FOUR YEARS OR THREE YEARS, JUST A COUPLE OF YEARS AGO. SO YEAH, IT'S GOTTEN MUCH BETTER. ANY OTHER QUESTIONS? OKAY, I'M READY WITH THE MOTION. THEN I WOULD MOVE THAT COUNCIL APPROVE THE PURCHASE OF 3SF6 DEBT TANK BREAKERS FOR SUBSTATIONS, AND AWARD THE BID TO THE LOWEST RESPONSIBLE BIDDER, WESTERN ELECTRIC ALLIANCE, IN THE AMOUNT OF $342,588. SECOND, LARSEN. YES. FRANCIS I. LEE. YES. DINGMAN. YES. YES. RADFORD.

AYE. MOTION CARRIES. SO THE SECOND ITEM THAT WE HAVE BEFORE YOU THIS EVENING IS AN

[6.C.2) Amendment to the Power Sales Agreement with Orchard Park Apartments 26-349]

REGARDLESS, I THINK THE ORIGINAL AMENDMENT WAS INCLUDED IN YOUR PACKAGE ALONG WITH THIS AMENDMENT. BUT BUT WHAT THIS REALLY DOES IS JUST ADJUSTS RATES ASSOCIATED WITH OUR RECENT BUDGETING AND FEE INCREASE THAT ACTUALLY WERE IMPLEMENTED, IF APPROVED THIS EVENING, THAT WOULD BE IMPLEMENTED ON OCTOBER 1ST ALONG WITH OTHER FEES. SO THIS IS AN AGREEMENT THAT WE'VE CHATTED ABOUT WITH THE OWNERS OF THE PROPERTY. THE RATE INCREASES ARE BETWEEN 5 TO 9%. AND SO ONE ITEM THAT I WOULD POINT OUT IN THE AMENDMENT THAT WE WERE WORKING TOWARDS AND MENTIONED IN THE BOARD MEETING IS IF APPROVED, THIS THIS AMENDMENT WOULD SECURED THE OPPORTUNITY JUST TO AMEND THOSE RATES AS PART OF THE RATE. SO WE WOULDN'T ACTUALLY HAVE TO BRING THEM BACK EVERY YEAR. SO KIND OF AN IMPROVEMENT FROM WHAT WE HAD AT THAT TIME, BUT I'D BE HAPPY TO ANSWER ANY QUESTIONS THAT THERE MAY BE. AS AS MENTIONED, THIS WAS DISCUSSED IN OUR WORK SESSION. EXCUSE ME, NOT OUR WORK SESSION, BUT OUR UTILITY BOARD MEETING. ALL RIGHT. I THINK WE ARE READY FOR A MOTION. OKAY. I'M READY.

I'M READY WITH THE MOTION. I WOULD MOVE TO APPROVE THE AMENDMENT TO THE POWER SALES AGREEMENT WITH ORCHARD PARK ENERGY AND GIVE AUTHORIZATION TO THE MAYOR AND CITY CLERK TO EXECUTE THE NECESSARY DOCUMENTS. SECOND, DINGMAN. YES, BRADFORD. HI, LARSON. YES. LEE. YES.

[00:50:03]

[6.D.1) Ordinance Amending Title 4, Chapter 12, Section 7, Itinerant Merchant License 26-359]

BUT WE HAVE HAD SOME ISSUES WITH THE BONDING AS A FINANCIAL BURDEN TO SOME OF THE SMALLER MERCHANTS THAT JUST WANT TO SHOW UP FOR, SAY, A 3 OR 4 DAY EVENT LIKE THE RODEO, OR MAYBE THE SUMMER EVENTS ALIVE AFTER FIVE, STUFF LIKE THAT. ANY QUESTIONS ABOUT THAT? YES, COUNCILMEMBER, I JUST WANT TO CONFIRM THIS APPLIES ONLY TO SPECIAL EVENTS THAT ARE UNDER PARKS AND REC, CORRECT. WHERE THEY ARE MANAGING THE VENDORS. OKAY. AND HAVE TO BE APPROVED BY PARKS AND REC. THEY HAVE TO BE APPROVED. AND THEY'RE ALSO PAYING A BOOTH RENT TO PARKS AND REC, DEPENDING ON THE SIZE OF THEIR OPERATION. OKAY. ANY ANY OTHER QUESTIONS? I KNOW ONE OF THE OTHER ISSUES THAT JASMINE IN THE CLERK'S OFFICE HAS BROUGHT UP IS THEY THEY PAY THIS BOND. AND THEN YOU CASH IT. IT'S A LOT OF MONEY. AND THEN THEY TURN AROUND THREE DAYS LATER SAYING LIKE, OKAY, I PAID, NOW I WANT IT BACK. SO THERE'S, THERE'S JUST AN EXCHANGE THERE MONEY THAT ISN'T MAKING SENSE EITHER. YES. YEAH. IT'S $1,000 BOND AND IT COSTS THEM TO GET THAT BOND ALSO. AND SO WHEN THEY'RE SHOWING UP FOR A 3 OR 4 DAY EVENT, WE'VE BEEN HOLDING THEM IN THE IN THE TREASURER'S OFFICE FOR THE WEEKEND FOR THEM TO COME BACK. THERE HAVE BEEN ISSUES IN THE PAST WHERE THEY CAME BACK ON A SUNDAY OR SOMETHING, YOU KNOW, TO GET THEIR BOND, AND WE WERE CLOSED AND THEY'VE HAD TO SPEND AN EXTRA NIGHT AT THE HOTEL IF THEY'RE OUT OF TOWN OR SOMETHING LIKE THAT. AND IT'S IT'S ALSO THE CASH POLICY HANDLING IN OUR OFFICE TOO, AS FAR AS HANGING ON TO THEM, IF WE DEPOSIT THEM, IT TAKES A COUPLE OF WEEKS TO GET THE MONEY BACK. SO THAT'S NOT DESIRABLE TO THEM EITHER. SO OKAY. COUNCILOR, ARE YOU READY? ARE YOU READY? WHAT ARE YOU DOING? OKAY. I'D BE HAPPY TO. I WOULD MOVE TO ADOPT THE ORDINANCE AMENDING TITLE FOUR, CHAPTER 12, SECTION SEVEN.

UNDER SUSPENSION OF THE RULES REQUIRING THREE READINGS AND REQUEST THAT IT BE READ BY TITLE AND PUBLISHED BY SUMMARY. THANK YOU. YOU CAN. OH, YEAH. WE NEED THAT. SECOND. SECOND.

THANK YOU. DINGMAN. YES. FREEMAN. YES. FRANCIS I BRADFORD. I. LEE. YES. LARSON.

[6.D.2) Ordinance Amending Title 4, Chapter 15, Sections 5, 6 and 11, Public Transportation Operator License 26-360]

THANK YOU. THE NEXT ITEM IS ALSO OUT OF TITLE FOR THIS ONE IS CHAPTER 15. AND THIS ONE IS WITH REGARD TO THE OPERATOR LICENSE FOR LIKE TAXIS, UBERS, ETC. THERE IS SOME CONFUSION IN THAT LICENSING PROCESS WHERE THE THE OPERATORS. SO NOT THE BUSINESS, BUT THE OPERATORS THEMSELVES. THEY. WE REQUIRE THAT THEY ARE LICENSED EVERY YEAR AND THEN EVERY THIRD YEAR THEY ARE FINGERPRINTED. SO WHEN THEIR BACKGROUND CHECK AND FINGERPRINTED BY THE POLICE, THEY'LL ISSUE THEIR BADGE. AND SO OFF THEY GO, YOU KNOW, THE REST OF THAT YEAR. AND SO THEN THAT YEAR PASSES, THEY'RE GOING BY THE BADGE, WHICH IS A THREE YEAR LICENSE, NOT REMEMBERING THAT THEY NEED TO COME IN IN THE NEXT TWO YEARS TO GET RELICENSED FOR THE ANNUAL

[00:55:03]

CLARIFY THAT. I'M SORRY. I WAS OUT IN THE HALL TALKING A LOT ABOUT A DIFFERENT TOPIC OF WHAT LICENSING ARE WE TALKING ABOUT? WE'RE TALKING ABOUT THE THE TRANSPORTATION OPERATOR LICENSE.

SO THE TAX SEASON. OKAY. SO SO THE WHEN THEY COME IN AND THEY GET PRINTED, WE SEND THAT AND IT GOES INTO THE DATABASE AND IT GOES OUT AND SEARCHES FOR ANY HITS ON IT. SO IN THE UNLIKELY EVENT THAT ONE OF THEM HAVE COMMITTED A CRIME, WHETHER IT WAS SOLVED OR UNSOLVED DURING THAT INTERIM PERIOD, IT WOULD HIT ON THAT AND YOU WOULD FIND THOSE ADDITIONAL CRIMINAL VIOLATIONS YOU WOULD FIND JUST OFF OF THE NAME SEARCH. BUT IF WE ALREADY HAVE THEIR FINGERPRINTS ON FILE, COULDN'T WE SOMEHOW AUTOMATE? I'M JUST THINKING AGAIN, MAYBE IT'S NOT A BIG DEAL. AND I DON'T I DON'T KNOW, I'M MORE CURIOUS THAN ANYTHING. IF WE ALREADY HAVE THEM AND FINGERPRINTS DON'T CHANGE, WE DON'T KEEP THEM ON FILE. OH, WE DON'T KEEP THEM, I SEE. OKAY, WE DON'T KEEP EVERYONE'S FINGERPRINTS. THAT MAKES MORE SENSE. THEY ENTERED INTO A SYSTEM AND THE CARD IS GONE, SO WE WOULDN'T HAVE THEIR FINGERPRINTS TO RUN. OKAY.

THANK YOU, THANK YOU. I'M CURIOUS, WHO DOES THE FINGERPRINTING? THE FRONT DESK.

IF YOU GO TO THE FRONT DESK. OKAY, THE FRONT DESK EMPLOYEES AND THEY FINGERPRINT. THERE'S AN ELECTRONIC MACHINE. IT'S ALL DONE ELECTRONICALLY NOW, BUT THEY DON'T USE THE POWDER AND ALL THAT STUFF. IT'S ALL ELECTRONIC. FINGERPRINT. I HAVE A QUESTION. YES. COUNCIL MEMBER FRANCIS. IT'S ALL MAKES SENSE TO ME. BUT WHEN I'M LOOKING AT FOUR, 15, SIX LICENSE FEES, IT READS, NOW, ANY PERSON PROVIDING PUBLIC TRANSPORTATION SERVICE SHALL PAY AN ANNUAL PUBLIC TRANSPORTATION SERVICE OPERATOR OR OWNER'S LICENSE FEE IN THE AMOUNT SET FROM TIME TO TIME BY RESOLUTION OF COUNCIL. BUT IF THEY'RE ONLY GETTING A RENEWAL EVERY TWO YEARS INSTEAD OF EVERY YEAR, SHOULDN'T WE CHANGE THAT FIRST SENTENCE ALSO? YES THEY SHOULDN'T. YES, THAT WAS JUST A YEAH, THAT WAS SO DO WE HAVE TO MAKE A MOTION TO SAY THAT BECAUSE WE'RE ACTUALLY WRITING OR WE'RE DOING AN ORDINANCE HERE, RIGHT. YES. BUT WE WOULD JUST CHANGE THAT AS A.

AN APPROVAL, KIND OF LIKE BASED ON CHANGING THIS. IT'S APPROVED WITH THE CHANGED LANGUAGE. OKAY.

WHAT DO YOU MAKE THAT MOTION? I CAN MAKE THAT MOTION. ARE YOU READY FOR A MOTION? YES. OKAY.

I MOVE COUNCIL ADOPT THE ORDINANCE AMENDING TITLE FOUR, CHAPTER 15, SECTIONS FIVE, SIX AND 11 UNDER SUSPENSION OF THE RULES REQUIRING THREE READINGS AND REQUESTS TO BE READ BY TITLE WITH THE AMENDMENT OF SENTENCE ONE OF 4156. THANK YOU. SECOND. LEE. YES. DINGMAN. YES.

FRANCIS A. FREEMAN. YES. LARSON. YES. RADFORD, I THANK YOU. MOTION CARRIES. AND I WILL READ THAT IN AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE

[01:00:02]

[6.E.1) Provide staff direction regarding Planned Unit Development (PUD) from the Comprehensive Zoning Code. 26-376]

WHEREAS A RECENSION WE SAID THAT WOULD LET THEM WORK THE FULL WAY. BUT IF WE DID A

[01:05:01]

SO IT WOULDN'T HAVE ANY REAL SPECIFICS. WE'RE GOING TO TRY TO DEAL WITH THIS TOPIC. I'M NOT SURE THAT WE HAVE THAT FIGURED OUT YET COMPLETELY, BECAUSE WE I THINK THAT WE HAVE SOME OPINION ON THE CHALLENGES THAT WE THINK THAT IT HAS AND PERHAPS THINGS THAT THAT WE NEED TO THAT WE WOULD LIKE TO SEE CHANGED. BUT I THINK THAT AS PROBABLY THE LIAISONS TO CDS GO THROUGH THE GO THROUGH THE PROCESS AND COME BACK TO COUNCIL, I THINK YOU'RE GOING TO FIND ALL KINDS OF THINGS. SO I'M NOT SURE WE COULD REALLY LIST THEM OUT. BUT CERTAINLY THE INTENTION WOULD BE THAT WE'D HAVE A REVISED ORDINANCE. OKAY. THANK YOU MAYOR. MAYOR AND COUNCIL MEMBERS, JUST TO CHIME IN A LITTLE BIT, IF YOU WOULD GO AHEAD AND SIT AND TURN ON YOUR MIC. YEAH, SORRY, I THOUGHT IT WAS ON. JUST LEAN INTO IT. THANK YOU. I WOULD PROBABLY JUST WANT SOME CLARITY. THERE ARE THERE'S INTERIM MORATORIUMS AND THEN THERE'S EMERGENCY MORATORIUMS. THE TIMING FRAMES FOR EACH OF THOSE DO DIFFER QUITE A BIT FROM ONE ANOTHER. SO TO THE EXTENT THAT THIS IS SOMETHING THAT IS BEING CONSIDERED BY THE COUNCIL TONIGHT, JUST BE AWARE THERE ARE CERTAIN CONSTRAINTS THAT ARE INVOLVED IN EMERGENCY MORATORIUMS VERSUS JUST YOUR BASIC INTERIM MORATORIUM. THANK YOU. I WOULD POINT OUT THAT WE ALREADY SAID WHATEVER WE DO WOULDN'T TAKE EFFECT UNTIL A DATE IN NOVEMBER. WE ALREADY DID THAT, RIGHT? I BELIEVE WE DID THAT WHEN WE TALKED ABOUT RESCINDING. WELL, IT WOULDN'T TAKE PLACE TOMORROW IF WE RESCIND TODAY. CORRECT. THIS IS ONLY TO TO CONTINUE AND IT'S GOING TO GO TO IF IF WE DO NOTHING, IT WE WILL. THE ACTION IS TO REAFFIRM THAT DECISION FOR RECEPTION. IT WILL GO TO THE PLANNING COMMISSION. THEY WILL HAVE A FULL HEARING. AND THEN THERE THEY WOULD GIVE US A RECOMMENDATION THE SAME WAY THAT THEY DO WITH EVERY OTHER.

ORDINANCE CHANGE THAT WE WOULD GET A FULL DOCUMENT COMING FROM THE PLANNING COMMISSION ON WHAT THEY THINK ABOUT THE RECEPTION. YEAH. I JUST WANT TO MAKE SURE IF WE DECIDE WE WANT TO DIRECT STAFF TO EXPLORE MORATORIUM, IT WOULDN'T BE TAKING PLACE IN THE IMMEDIATE ALREADY SET A DATE.

THAT WAS IN NOVEMBER. THAT WAS MY CONCERN, WAS THAT THE ONLY REASON THAT THAT DATA SET IS THAT IS THE EARLIEST DATE THAT IT COULD GET THROUGH THE PLANNING COMMISSION. AND THEN TO US, SO WE WOULDN'T SET A DATE FOR A MORATORIUM IN NOVEMBER, WE WOULD HAVE A WORK

[01:10:02]

IF WE WERE TO DO THE IMMINENT ONE, THE EMERGENCY OR SORRY, THE EMERGENCY MORATORIUM.

CORRECT. SO, YOU KNOW, WE DO HAVE TO ASSERT VERY CLEARLY WHAT KIND OF PERIL IS THE WORD THAT IS USED. VERY STRONG WORD. THAT'S THAT'S IMPACTING US. AND I, I DO THINK THAT, YOU KNOW, WE DO HAVE TO IDENTIFY WHETHER OR NOT THE STANDARDS ARE SUFFICIENTLY CLEAR, I THINK, IN OUR ORDINANCE AS IT PERTAINS TO, I THINK, SEVERAL THINGS, BUT MOST IMPORTANTLY TO ME IS ACCESS, EMERGENCY ACCESS, AND THE STREET INFRASTRUCTURE. I THINK THAT WE ALL HAVE DIFFERENT WE MAY HAVE DIFFERENT IDEAS ON WHAT THAT IS, BUT TO ME, THAT WOULD BE THE GOVERNING REASON FOR ASKING FOR AN EMERGENCY MORATORIUM IF WE WERE TO GO THAT WAY, THAT THAT'S A REALLY IMPORTANT SAFETY CONSIDERATION THAT I THINK IS PERHAPS NOT AS CLEAR AS WE WANT IT TO BE. I WOULD I WOULD ARGUE THAT IN EACH OF OUR PUDS, THOUGH, THAT WE HAVE HAD THAT STAFF HAS APPROVED THEM. SO THAT WOULD INCLUDE FIRE HAS HAS SIGNED OFF ON THOSE. SO IT WOULD BE DIFFICULT FOR THIS BODY TO GIVE THAT TONIGHT TO SAY, OH, WE'RE IN AN EMERGENCY WHERE WE ALREADY HAVE OUR FIRE CHIEF, THAT IS, OR OUR FIRE DEPARTMENT THAT HAS SIGNED OFF ON, ON ALL OF THESE THINGS, THAT THERE IS SUFFICIENT EMERGENCY ACCESS, ESPECIALLY WHEN THEY WENT TO THE 26 FOOT STREET WIDTH, THEY CAN CHANGE, YOU KNOW, THEY CAN GET THE RADIUS. SO FOR ME, I THINK THAT THAT EMERGENCY WE'RE KNOWING THAT STAFF HAS SIGNED OFF ON EVERYTHING WOULD BE INCREDIBLY. MISTIMED. SO OUR OTHER OPTION THEN IS TO GO THROUGH THE MUCH LONGER PROCESS. IF WE WERE TO DO A MORATORIUM. SO THEN IT'S THEN IT'S VALID UP TO A YEAR.

YEAH. SO I WOULD SAY WE WOULD WAIT AND WANT TO HAVE THAT FULL DISCUSSION WITH THE ATTORNEY AND, AND, AND GO THROUGH PNC. YEAH, IT, IT TAKES LONGER. BUT CERTAINLY, I MEAN, LEGAL COUNSEL, DO YOU THINK THAT WE HAVE SUFFICIENT EVIDENCE FOR EMERGENCY MORATORIUM VERSUS AN

[01:15:06]

AND AS WE TALKED THROUGH SOME OF THOSE ISSUES, PARTICULARLY INTERNALLY, WE TALKED ABOUT CHANGING THE STAFF REPORT, MAKING SURE THAT THE PLANNER WHO HAD BEEN WORKING THROUGH THE PUD WAS THE ONE AT THE PODIUM GIVING COUNSEL REASONS. YOU KNOW, HERE WAS THE TRADE OFF, HERE WAS THE TRADE OFF THERE THAT WE WOULD SAY THAT IF THE STAFF DID NOT LIKE EVERY PIECE OF THE PUD, THAT THEY WOULD BE ABLE TO SAY, YOU KNOW, THAT THEY WOULD CONDITION IT.

AND IN THE MEANTIME, LET THESE PUDS WORK THEIR WAY THROUGH. AS COUNCIL MEMBER LEE POINTED OUT, THAT WE WOULD BE ABLE TO WORK THROUGH SOME OF THESE BIGGER ISSUES. AND IF AT SOME POINT IT WAS JUST THAT COUNCIL COULD NOT AGREE ON PRIVATE STREETS OR ON SETBACKS, OR WHAT THE TRADE OFFS WOULD BE, THAT THEN WE COULD DO THAT WHOLE DISCUSSION. BUT IN THE MEANTIME, THERE WERE SOME SMALL, SHORT WINS THAT I FELT LIKE THAT COUNCIL SHOULD HEAR ABOUT BEFORE WE PUSH FORWARD THROUGH THE RETENTION. BUT IF IT IS STILL COUNCIL'S DESIRE, THIS IS STILL ON THE PLANNING AND ZONING. EXCUSE ME, THE PLANNING COMMISSION'S AGENDA IN AUGUST, EXCUSE ME IN OCTOBER. IF I COULD ADD ONE THING TO THAT. I REALLY LIKE THOSE POINTS IN PARTICULAR ABOUT UNDERSTANDING THE POSITION AND POTENTIAL CONDITIONS THAT STAFF MIGHT HAVE, EVEN THOUGH, AGAIN, WE TALK ABOUT THE LETTER AND THE SPIRIT OF THE LAW, IF, YOU KNOW, YES, THEY'VE MET IT, BUT IT, YOU KNOW, PER PER THE WAY THE ORDINANCE IS WRITTEN. BUT FROM A COMMON SENSE, SOME OF THE THINGS THAT WE TALKED ABOUT, THAT'S WHERE THESE THESE POTENTIAL CONDITIONS COULD COME FROM. NOT ONLY WOULD I LIKE TO HEAR THEM FROM STAFF, I'D LIKE TO HEAR THEM FROM PNC. I WOULD LIKE PNC TO BE ABLE TO FEEL COMFORTABLE, TO SAY, YES, I, WE, I WOULD VOTE TO APPROVE THIS PUD WITH THIS CONDITION. RIGHT. AND UNDERSTAND WHAT ARE THEIR CONCERNS TOO, BECAUSE I FEEL WE SOMETIMES DON'T GET THAT FULL COLOR AND I WOULD LIKE THAT.

BUT THE CONDITIONS AREN'T LIMITLESS, RIGHT? I MEAN, IT'S NOT AS THOUGH WE CAN JUST IT'S NOT AS THOUGH STAFF CAN IN THE IN THE IN THE DEVELOPMENT MEETING, SAY THESE ARE THE CONDITIONS THAT WE WANT TO SEE. IT HAS TO BE EXPLICITLY WRITTEN IN OUR ORDINANCE. AM I WRONG AS, AS WE'RE. YEAH. BUT FOR EXAMPLE, THERE COULD BE SOME CONDITIONS IMMEDIATELY ON THE SLOPE OF THE RETENTION PONDS. SO IT. PER OUR ORDINANCE, THE PUD ORDINANCE DOES LIST THESE AS CONDITIONAL USES. I THINK YOU MIGHT WANT. OH, SORRY. THERE WE GO. IS THAT IT IS. IT'S JUST SO OUR ORDINANCE LISTS PUDS AS CONDITIONAL USES SO YOU CAN ATTACH CONDITIONS TO THEM. THE ISSUE WITH THE THE CONDITIONS IS THEY ARE WHAT COME ABOUT THROUGH THE PUBLIC HEARING PROCESS. SO THOSE CONDITIONS MUST BE ATTACHED THAT ARE MITIGATING SOME CONFLICT. SO

[01:20:01]

THEY DON'T SEE A NEXUS, AND THEY'RE ADVISING US IN REAL TIME IN A PUBLIC HEARING. I WOULD NOT WANT TO GET IN BETWEEN CITY COUNCIL AND BUT THAT'S WHERE WE'RE AT RIGHT NOW.

RIGHT. AND THAT'S WHAT'S HAPPENING RIGHT NOW IN REAL TIME, IS THAT IS THAT STAFF DOESN'T HAVE AN ISSUE. I, I DO THINK THAT'S WHERE THE TABLING CONCEPT, THOUGH, COMES TO OUR BENEFIT, BECAUSE THEN WE CAN SAY, LET'S SAY THAT, THAT WE'RE IN THAT POINT RIGHT WHERE YOU AND I HAVE SOME HAVE AN OPINION ON SOMETHING. WE FEEL THAT THERE'S A CONNECTION AND A CORRELATION AND A NEXUS. IF SOMEONE DOESN'T, WE CAN TABLE IT AND WE CAN TAKE THOSE DISCUSSIONS AND GET ON THE SAME PAGE. BUT LEGAL, CAN WE JUST TABLE THE, THE, THESE PUDS? YEAH. HEARINGS AS THEY COME FORWARD. AND WHAT KIND OF I MEAN, THEY HAVE A RIGHT TO GO THROUGH THIS PROCESS AT A CERTAIN PACE, DON'T THEY? YES. I THINK ULTIMATELY, IF IT'S A SITUATION WHERE IT DOES NEED TO BE TABLED TO HAVE FURTHER DISCUSSION, I DON'T THINK THERE'S ANYTHING THAT'S BLOCKADING THAT. OBVIOUSLY, YOU NEED TO HAVE ANOTHER HEARING ON IT. YOU GO THROUGH THE PROCESS OF RESCHEDULING THE HEARING, GOING THROUGH, EVEN IF EVEN IF THE RESCHEDULING DOESN'T HAPPEN FOR A COUPLE OF MONTHS, EVEN IF IT DOESN'T HAPPEN, OKAY. WE DON'T WE'RE NOT UNDER ANY KIND OF TIMELINE THAT WOULD FORCE US TO WELL. SORRY, SORRY. SO JUST JUST TO BE CLEAR, IF IF A MORATORIUM IS IN PLACE, ESPECIALLY IN EMERGENCY MORATORIUM, YEAH, THERE WOULD BE TIMELINES IN PLACE. YEAH. BUT WHAT IF WHAT IF WE WERE JUST THERE? BUT WHAT IF? BUT LET'S JUST PRETEND THAT WAS NOT HAPPENING. AND WE WERE WE WERE JUST MOVING FORWARD AS NORMAL. SO WE MAKE NO CHANGES. SO IF WE HAVE AN ISSUE THAT WE FEEL LIKE WE CAN'T COME TO AN AGREEMENT WITH, WITH COUNCIL AND CDS IN A PUD HEARING, WE COULD JUST TABLE AND WE DON'T HAVE TO COME BACK AT A DATE. CERTAIN. I'M OF THE OPINION. YES, YOU CAN DO THAT. I THINK WHAT WOULD HELP US HERE IS, IS WHAT THE ORDINANCE SAYS AND THE QUASI JUDICIAL, WHAT YOU HAVE POWER AS THE LAND USE AUTHORITY HERE SO YOU CAN APPROVE THE APPLICATION AS PRESENTED. YOU CAN REJECT IT AS THE APPLICATION IS PRESENTED. YOU CAN APPROVE THE APPLICATION SUBJECT SUBJECT TO SPECIFIC CONDITIONS AS PERMITTED BY THE APPLICABLE CITY CODE. AND YOU CAN ALSO TABLE THE APPLICATION TO ALLOW FACT FINDING BY THE CITY STAFF TO RECEIVE ANSWERS TO SPECIFIC. I'M JUST GOING TO READ THIS FOR A SECOND, BECAUSE THERE IS A CAVEAT IN HERE THAT I THINK IS IMPORTANT ANSWERS TO THE SPECIFIC FACTUAL QUESTIONS FROM THE APPLICANT OR THE INTERESTED PUBLIC, OR TO DEFER THE DECISION FOR FURTHER REFLECTION. WHEN A REQUEST IS TABLED, A FINAL DISCUSSION SHALL BE MADE AT A SUCCEEDING, REGULARLY SCHEDULED MEETING OR AT A SPECIAL MEETING FOR WHICH PROPER NOTICE HAS BEEN GIVEN.

SO THE ADVICE I WOULD GIVE IS I WOULD AND AND WHEN YOU'RE LOOKING AT LAND USE LAW, YOU WANT TO MAKE SURE THAT YOU'RE TABLING IT TO A CERTAIN DATE. SO THAT'S WHY IT STATES YOU WANT TO DO IT EITHER FOR A SPECIAL MEETING, WHICH THEN YOU WOULD HAVE TO NOTICE, OR IN THAT CASE, IT WOULD BE THE NEXT AVAILABLE CITY COUNCIL MEETING. COULD YOU DEFER IT FOR A COUPLE MONTHS? I, I WOULD BE CAUTIOUS IN THAT BECAUSE YEAH, I WOULD YEAH, I WOULD NOT WANT TO I WOULD HOPE THAT WE'D BE ABLE TO GET OUR ANSWERS FASTER THAN THAT. I WOULD JUST BE CONCERNED IF WE IF WE TABLED IT OUT TOO FAR, WE WOULD BE LOOKING AT SOME TYPE OF TAKING CLAIM. BUT IF WE TABLE IT TO THE VERY NEXT COUNCIL MEETING, DO WE THEN HAVE TO GO AND REDO ALL THE PUBLIC HEARING NOTICES? NOT WHEN YOU TABLE, NOT WHEN YOU TABLE. RIGHT. OKAY, THAT'S WHAT I THOUGHT. UNLESS YOU'RE HAVING A SPECIAL MEETING. CORRECT. OKAY, GREAT. THANK YOU. I THINK MY ONLY CONCERN WITH THAT IS THE CITIZENS THAT ARE BACK AND FORTH, LIKE WITH WILLOW PLACE, WE JUST IT WAS LIKE THEY HAD TO COME. I THINK THAT'S SOMETIMES THAT'S THE PART OF PUBLIC PROCESS THAT WE DEAL WITH, RIGHT? WE'RE TRYING TO COME TO THE BEST CONCLUSION THAT WE CAN.

AND SOMETIMES IT'S NOT GOING TO HAPPEN IN IN A ONE EVENING CONVERSATION. AGREED. BUT I DON'T THINK IT'S THE RIGHT WAY TO LEGISLATE WITH OUR NORMS. LIKE, I WOULDN'T WANT US TO BE DOING THAT BECAUSE OF LIKE, WHAT HAPPENED WITH PAINTING THE, THE, THE 26 FOOT ROADS RED SO THAT NO ONE WOULD PARK ON THEM. I WOULDN'T WANT A TABLE FOR A MONTH AND THEN INCONVENIENCE

[01:25:05]

COUNCIL MEMBER BRADFORD AND THAT IS WHERE, WHERE I HAVE COME DOWN ON THIS, THAT THIS THIS WAS AN ISSUE THAT WE NEEDED TO GET ON THE SAME PAGE. COUNCIL WITH LEGAL, LEGAL WITH CDS, CDS WITH LEGAL THAT WE HAVE, THAT WE CAN WORK THROUGH THAT TRIANGLE SO THAT NOW WE HAVE ALL OF THE TOOLS. AND, AND AS WE KNOW, WE JUST HAVE SOME NEW, NEW FRESH EYES ON THINGS.

AND SO WE'RE JUST, THERE'S A, THERE'S A LEARNING CURVE HERE. DO YOU MIND IF I INSERT MYSELF A LITTLE BIT, PLEASE, MAYOR. SO JUST IT'S BEEN GOOD TO HEAR THIS DISCUSSION FROM COUNCIL.

SO WHAT I'VE DIRECTED MY STAFF TO DO TOO, IS WE ARE LOOKING AT REVAMPING. YOU'LL SEE WE DO HAVE A, A PUD COMING TO YOU ACTUALLY IN THE SECOND MEETING IN OCTOBER. SO WE HAVE ALREADY BEEN LOOKING AT ONE OUR STAFF REPORT. SO WE'RE LOOKING AT HOW THAT'S DRAFTED TO TELL THAT STORY AS MAYOR TALKED ABOUT THAT BACK AND FORTH. BUT ALSO IN OUR PRESENTATIONS IN WHICH WE GIVE, THAT'S SOMETHING THAT WE CAN DO A LOT BETTER IN EXPLAINING THE WHY BEHIND THE BACK AND FORTH. SO ONE EXAMPLE IS WE WERE IN WHEN WE WERE DISCUSSING THIS WITH MAYOR, ONE OF THE PUDS, WE WENT THROUGH THE PLANNING CONCEPTS AS WELL AS THE BACK AND FORTH, THAT THIS IS WHAT THE CODE SAID AND THIS IS WHAT THEY COUNTERED AND WHAT WE COUNTERED. SO YOU UNDERSTAND A LITTLE BIT MORE OF THAT BACK AND FORTH WITH STAFF BECAUSE THESE ARE DISCUSSED. I MEAN, WHEN THEY COME TO YOU, THEY'VE BEEN JUST REALIZED THEY'VE BEEN HEAVILY VETTED BY US. AND IT YOU IN THE END, THOUGH, ARE THE LAND USE AUTHORITY. AND WE RESPECT THAT AS STAFF. SO I THINK THAT CAN HELP PROVIDE SOME CLARITY ON WHY WAS WHY DOES THIS HAVE BOTH PUBLIC AND PRIVATE STREETS? WHY IS THE GARAGE SO MANY FEET? WHY IS THERE NOT A DRIVEWAY ON THIS ONE TO ANSWER SOME OF THOSE QUESTIONS. SO I DON'T KNOW IF THAT WE'RE WE'RE WORKING ON THAT INTERNALLY. WE. WE ALSO. ANOTHER THING TO NOTE IS JUST TO THE POINT THAT WAS BROUGHT UP, WE ARE DRAFTING. WE HAVE BEEN LOOKING AT THE OTHER CITIES AND WHAT THEY'RE DOING.

SO I HAVE A STAFF MEMBER CURRENTLY LOOKING AT CODE THROUGHOUT THE STATE ON PBDES.

WE'RE NOT FINDING ANY CITIES THAT DON'T HAVE A PVD JUST TO BE QUITE OPEN WITH YOU, BUT THERE ARE DIFFERENT WAYS TO APPROACH IT. AND SO WE ARE LOOKING AT THAT CURRENTLY. WE INITIALLY WERE DRAFTING BACK IN THE SPRING. WE GOT A COUPLE OTHER HIGH DEMAND THINGS. SO THAT'S WHY WE KIND OF FOCUSED FROM IT. BUT WHEN WE WERE HEARING THIS DISCUSSION INITIALLY, WE WERE DRAFTING ACTUALLY A TOUR FOR YOU TO GO AROUND AND LOOK AT PUDS THAT HAVE BEEN APPROVED, AND THEN YOU CAN LOOK AT THEM AND SAY WHAT YOU LIKE AND DON'T LIKE ABOUT THEM. BUT THE DISCUSSION KIND OF CHANGED A LITTLE BIT. WE WE VERY CLEARLY UNDERSTOOD WHAT WE WERE SAYING ON MONDAY. I TOOK EXTENSIVE NOTES AND A LOT OF THOSE THINGS, IF YOU'D LIKE, I CAN BRING BACK WITH SOME PROPOSED ISSUES TO YOU. IF YOU'RE LOOKING TO AMEND THAT, THEN I COULD BRING BACK TO YOU WHAT WE HEARD AS STAFF AND THEN TO MAKE SURE THAT THAT'S IN LINE WITH WHAT YOU'RE WANTING, AND THEN WE CAN FIGURE OUT CODE REVISIONS FROM THERE. ALSO, I DON'T MEAN TO KEEP BELABORING ME. SO ALSO SOME OF THE YOUR YOU CAN CONTINUE. OKAY. OKAY.

YES, PLEASE. I JUST THIS IS COUNCIL'S THIS, THIS IS PLEASE. SO THE OTHER THING IS REALIZE SOME OF THE AMENDMENTS THAT WE HEARD ON MONDAY IN PARTICULAR ACTUALLY CAN BE DONE QUITE QUICKLY. I'LL GIVE ONE EXAMPLE IS THERE WAS DISCUSSION ABOUT THE SETBACKS. WILLOWS PLACE IS A PERFECT EXAMPLE OF WHAT THAT REAR SETBACK. THE CODE CHANGE FOR THAT IS EXTREMELY EASY. WE WOULD JUST SAY THE SETBACK FOR THE SURROUNDING PUD IS INHERENT IN THE ZONE AND THAT CANNOT

[01:30:07]

[01:35:01]

WELL, THAT'S A PROBLEM. SO IF WE HAVE TO REWRITE PART OF THE CODE, SO THAT BECOMES CLEAR AND IT'S PLACES WHERE WE CAN INTERPRET AND WHERE WE CAN'T, I'M FINE, BUT I'M NOT GIVING UP THAT POWER WILLINGLY BECAUSE THAT'S OUR RESPONSIBILITY. WE ARE THE REPRESENTATIVE OF A WHOLE NEW GROUP WHEN IT COMES TO US. WE HAVE A COMMUNITY TO LOOK AT. WE HAVE GUESTS WHO COME THERE AND PARK. WE HAVE TO LOOK OUT FOR THEM TO. I THINK IT'S A REALLY INTERESTING POINT ABOUT QUASI JUDICIAL BECAUSE WHEN I THINK ABOUT QUASI JUDICIAL, JUDICIAL, I THINK ABOUT APPEALS. AND I THINK IT'S VERY ODD THAT THIS BODY SITS IN ITS PURVIEW AS A JUDGMENT AND AS AN APPELLANT. AND I THINK THAT'S REALLY ODD. AND IT PUTS US IN A STRANGE SCENARIO, WHICH WAS REALLY STRANGE AT WILL'S PLACE. WHEN YOU WERE INVOLVED WITH MEDIATION. AND I DON'T HAVE ANYTHING TO SAY OF HOW TO SOLVE THAT, BUT I THINK IT'S A IT'S AN AWKWARD SITUATION. AND I ALSO THINK IF WE DON'T KIND OF FIGURE THIS OUT, WE'RE GIVING THE CITIZENS THAT COME AND WANT TO HAVE A SAY, A FALSE SENSE OF HOPE IF IT IS A FINAL PLAT, RIGHT? LIKE IF THAT'S IF THEY'VE MET THEIR, IF THEY'VE MET THAT CRITERIA THAT THE. AND SO THIS IS A BIGGER QUESTION TO SOLVE THAN, THAN IT APPEARS AT SURFACE. RIGHT. AND SO. I, YOU KNOW, MY FEELINGS ABOUT PUDS, EVERYONE'S PRETTY CLEAR HOW I FEEL ABOUT IT BECAUSE I THINK WE ARE GIVING UP OUR SOVEREIGNTY BY HAVING THEM. I THINK THAT CITIES SHOULD USE THE STRONG TOWNS METHOD AND ACTUALLY IMPLEMENT GROWTH THROUGH ACTUAL DEVELOPMENT. THAT'S NOT FOR PROFIT, BECAUSE I SEE PUDS RIGHT NOW BEING USED IN THE CITY OF IDAHO FALLS AS A PROFITEERING OPPORTUNITY MANY TIMES, WHICH I'M TOTALLY FINE WITH DEVELOPERS MAKING A PROFIT. I'M NOT TRYING TO SAY THAT, BUT AT SOME POINT, WHEN ARE THEY BEING USED APPROPRIATELY FOR A LOT? THAT'S NOT EASY TO DEVELOP, WHICH THAT SEEMS HOW IT WAS WHEN MICHELLE AND I FIRST CAME ON THE COUNCIL, WHEN WE WOULD HAVE A FEW A YEAR, AND NOW WHEN I HAVE ONE EVERY MEETING AND I'M HERE FOR THREE HOURS TALKING ABOUT A PUD, THAT DOESN'T SEEM THE NORM OR IT DOESN'T SEEM LIKE WHERE WE SHOULD BE. SO I JUST DON'T THINK WE'VE FOUND A MIDDLE GROUND SOMEHOW. AND SO, I MEAN, FOR ME, IT'S THE PRIVATE STREETS. YOU'RE NOT GOING TO GET MY VOTE UNTIL WE GET RID OF PRIVATE STREETS, BECAUSE I REALLY BELIEVE THAT WE SHOULD BE TAKING CARE OF OUR CITIZENS IN TERMS OF THEIR TRANSPORTATION. AND I THINK WHEN WE HAVE 26 FOOT, 20 FOOT STREETS, I JUST I DON'T SEE THE BENEFIT OF GIVING UP THAT WE NEED TO PLOW ROADS. WE NEED TO HAVE EASEMENTS. WE NEED WE HAVE FIBER. WE HAVE ALL THESE NEEDS. NOW, IT'S NOT JUST ONE THING.

AND WHEN WE WHEN WE BUILD THIS WAY, I DON'T I DON'T THINK IT'S GOOD FOR OUR CITY. AND I DON'T LIKE HAVING MANY CITIES WITHIN CITIES WHERE PEOPLE CAN'T COME TO THEIR ELECTED OFFICIAL AND TRY TO SOLVE PROBLEMS AROUND SEWER OR SEWER AND WATER, ACTUALLY FINE, BECAUSE WE WOULD HAVE A MONOPOLY THERE. BUT BUT THE GARBAGE COLLECTION, THE PLOWING, ALL THE THINGS THAT THEY SEE AS GOVERNMENT SERVICES THAT ARE HOMEOWNERS ASSOCIATION SERVICES. AND THAT'S BEYOND THE ISSUES I HAVE AROUND REDLINING THAT COULD TAKE PLACE IN THESE KINDS OF SCENARIOS THAT HOPEFULLY WE HAVE LEGAL PROTECTIONS AROUND. BUT IN THE PAST, THAT WAS A THAT WAS A PROBLEM. SO THOSE ARE MY THAT'S MY CONVERSATION. SO ARE YOU SUPPORTING RESCINDING? I WOULD BECAUSE I WOULDN'T, I WOULD I WOULD DO THE UNUSUAL DEVELOPMENT BY DEVELOPMENT AGREEMENTS. WHEN WE HAVE UNUSUAL DEVELOPMENTS COME, LET'S DO A DEVELOPMENT AGREEMENT AND BRING IT TOWARDS US. AND THEN WE DON'T HAVE TO LIVE BY ALL THESE CODES AND ALL THESE THINGS. WE CAN WE CAN FIGURE IT OUT. THAT'S HOW I WOULD APPROACH IT. OKAY, SO I WROTE A COUPLE THINGS DOWN. A MORATORIUM IN RECENSION. BASICALLY, WE'LL HAVE THE SAME EFFECT FOR A PERIOD OF TIME THAT WE'RE, YOU KNOW, NOBODY'S GOING TO BE PUT NEW STUFF IN THAT AT THE TIME. THE STUFF THAT'S IN THE QUEUE WILL CONTINUE. BUT THE MORATORIUM HAS MORE LEGAL SNAGS TO ME THAT THERE ARE MORE HOOPS TO JUMP THROUGH BECAUSE OF IT. AND I THINK WE'LL END UP IN THE SAME PLACE ANYWAY. YOU KNOW, I MEAN, I DON'T I HAVE NO PROBLEM, LIKE

[01:40:06]

AND WE WOULD SCHEDULE IT FOR THE 15 DAYS FOR NOTICING. SO YOU'D BE LOOKING AT WHATEVER THAT WOULD BE. I WOULD ASSUME IT WOULD BE PROBABLY LATER NOVEMBER, MAYBE EVEN DECEMBER WITH THAT HOLIDAY. BUT I'D HAVE TO LOOK, I'M KIND OF SPITBALLING A LITTLE BIT BECAUSE I DON'T HAVE THE DATES IN FRONT OF ME. YEAH, I'M CONCERNED ABOUT GOING TO RESCINDING. MAYBE WE NEED THE INFORMATION ON WHAT'S THE IMPACT OF RESCINDING AND WHAT IS THE IMPACT OF A MORATORIUM OR WHAT ARE THE POSSIBILITIES. SO WE COULD LOOK AT BOTH OF THOSE DIRECT STAFF TONIGHT TO LOOK AT BOTH THOSE OPTIONS, PRESENT THEM TO US. WHAT I HEARD FROM THE DEVELOPERS IN THE MEETING ON THE STARTER HOMES WAS, IF YOU RESCIND, THAT WILL BE THE END OF PUDS. AND HERE'S THE THINKING. THAT WOULD TAKE ALMOST A YEAR TO REWRITE THE WHOLE CODE FROM SCRATCH. IF YOU REWRITE THE WHOLE CODE FROM SCRATCH. WELL, COUNCIL PRESIDENT, PRESIDENT, HEY, TURN HER UP. BUT I'M HEARING TWO DIFFERENT STORIES THEN, BECAUSE THE MAYOR IS SAYING THAT THIS IS THIS IS AN EASY FIX TO GET TO A POINT WHERE WE'RE ALL COMFORTABLE WITH BASED UPON THE FEEDBACK. AND YOU'RE SAYING IT'S GOING TO TAKE A YEAR. I'M JUST CURIOUS. I CAME FROM MR. BUTLER. WHEN I TALKED TO HIM DIRECTLY, HE SAID IT WOULD TAKE A YEAR TO REWRITE IT. BUT IF I'M WRONG, I'M GOING TO BE CLEAR ON THIS PART, THOUGH I DO NOT THINK THAT THAT THE PRIVATE STREET ISSUE IS GOING TO BE EASY. I THINK THAT THERE ARE SOME OF THE ISSUES THAT DIRECTOR SANDER BROUGHT FORWARD THAT SAID, YOU KNOW, LET'S LET'S FIX THESE ONES. LET'S START LOOKING AT THE TRADE OFFS OF PRIVATE STREETS. I THINK THAT WILL TAKE A MUCH LONGER TIME TO. YEAH, I'M NOT SAYING YOU'RE WRONG. I'M JUST TRYING TO UNDERSTAND LIKE WHAT? YEAH. THAT THEY I THINK THE ENTIRE THING WOULD TAKE A LONG TIME IF WE DID. THAT'S WHAT I UNDERSTOOD. AND THEN. THANK YOU. SORRY I INTERRUPT COUNCIL. I HEARD IN THE MEETING THAT THE STARTER HOMES IS SOMEBODY WHO'S TRYING TO PLAN FOR A SPRING CONSTRUCTION ON A PUD WILL HAVE THEIRS IN BY THE END OF OCTOBER, BECAUSE THEY HAVE TO HAVE THAT TO HAVE IT ALL SET TO COME FORWARD AND START CONSTRUCTION IN THE SPRING. SO IF YOU TAKE A YEAR TO DO THIS, THEN YOU'VE GOT A NEW CODE, BUT BY THEN IT'S GOING TO TAKE ANOTHER NINE MONTHS OR THEREABOUTS FOR THE DEVELOPERS. I'M TRYING TO FIGURE THIS OUT, BUT WE MIGHT BE LOOKING AT TWO YEARS BEFORE WE'RE BACK TO PUDS, IF THAT'S WHAT WE WANT. WHAT IF WE PASS A RESCISSION WITH THE ABILITY TO CREATE DEVELOPMENT AGREEMENTS IN THE MEANTIME SO THAT THEY CAN CONTINUE TO PLAN? MY PROBLEM WITH THAT IS IT SETS US UP FOR I LIKE YOU, I DON'T LIKE YOU BECAUSE WE DON'T HAVE A CODE THAT GIVES US THE GROUNDWORK FOR INTERPRETATION.

SO WHAT I WAS THINKING IS, IF THERE'S ANY WAY TO SUSPEND THE MORATORIUM FOR US TO WORK THROUGH THE SIMPLER AMENDMENTS THAT CAN BE DONE EASILY AND ADDRESS THIS ISSUE, WHERE WE UNDERSTAND EACH OTHER AND OUR ROLES, THEN WE GO BACK AND WE'RE GIVING THE MESSAGE DURING

[01:45:04]

THEY'RE UNDER REVIEW. THERE ARE SOME REFORMS THAT ARE GOING TO HAPPEN VERY QUICKLY, AND WE WILL GET THEM DONE, AND THEN WE WILL REOPEN IT. BUT REALIZE WE'RE GOING TO WORK ON THESE THINGS LIKE THE PRIVATE STREET, PUBLIC STREET THING THAT'S GOING TO TAKE A WHILE TO DO IN THE MEANTIME, AND WE WILL STILL BE IN IT'S ALWAYS OPEN TO AMENDMENT. BUT MY FEAR IS IF WE SAY RESCINDING, WE'RE DONE WITH THEM. AND ARE WE PREPARED TO PUT UP A WHOLE NEW THING THAT WE HAVEN'T EVEN ENVISIONED? WE KNOW THAT PUDS HAVE WORKED IN MANY CASES. WE'VE SEEN SOME REALLY GOOD ONES THAT WE ALL LIKED. AND WE LOOKED AT, OH, YEAH. WE'VE SEEN SOME THAT WERE PRETTY UNCOMFORTABLE WITH, AND WE DIDN'T KNOW WELL ENOUGH HOW TO DEAL WITH THAT. THAT'S WHAT I WANT TO ADDRESS IN A PERIOD OF X NUMBER OF MONTHS. GET IT DONE, SET THOSE. SO THE NEXT ROUND OF APPROVALS OR APPLICATIONS ARE UNDER A CLEAR UNDERSTANDING BETWEEN COUNCIL AND THE STAFF. SO IF I'M SITTING IN A DEVELOPER SHOES AND THERE'S A MORATORIUM AFTER TONIGHT OR GOING FORWARD. EXPLAIN TO ME WHY YOU THINK THAT'S DIFFERENT THAN THE RESCISSION, BECAUSE THE MORATORIUM YOU STILL HAVE YOU YOU STILL HAVE A YEAR TO WAIT TO SEE WHAT YOU'RE GOING TO GET OUT OF IT UNTIL YOU GET THE LANGUAGE AND THE MORATORIUM LIFTED. YOU'RE STILL NOT ANY PREDICTABILITY IN TERMS OF STARTING BASED ON I READ TODAY ABOUT MORATORIUMS, THERE'S SOME THICKNESS IN THE WAY THE STATE STATUTE IS, AND I'D LIKE TO HAVE AT THIS POINT A REFERENCE, A. A BRIEFING, I GUESS I WOULD SAY FROM LEGAL AND STAFF ON WHAT IS THE POSSIBILITY OF A MORATORIUM OR A SUSPENSION OR WHATEVER WORD WE COULD USE. AND THEN ALSO, WHAT ARE THE CONSEQUENCES OF RESCINDING? I NEED THAT KIND OF INFORMATION BEFORE I VOTE ONE WAY OR THE OTHER. IF WE RESCIND TONIGHT OR GO FORWARD WITH RESCINDING, I'M JUST NOT VERY COMFORTABLE WITH THAT BECAUSE I'M NOT SURE THAT'S WHAT WE REALLY WANT TO DO. IN THE END, I WOULD LIKE TO TAKE OFF ON WHAT YOU SAID. I THOUGHT MORATORIUMS HAD THE ABILITY TO BE NOT ALL INCLUSIVE. IF YOU PUT A MORATORIUM, IT DOESN'T MEAN THE WHOLE THING IS STOPPED. THERE'S WAYS TO TO MAYBE MODIFY IT A LITTLE BIT. I DON'T KNOW THAT. AND IT GOES BACK TO WHAT YOU SAID, MR. PRESIDENT, WE NEED TO UNDERSTAND THE DIFFERENCE BETWEEN MORATORIUM AND A RESCISSION, BECAUSE I'LL BE HONEST WITH YOU, TO RESCIND, THE ONLY WAY I SEE GETTING OUT OF A RESCISSION IS TO HAVE A WHOLE NEW CODE. AND IF IT TAKES THE KIND OF TIME WE THINK IT'S GOING TO TAKE, I DON'T THINK THAT'S A GOOD IDEA. AND I THINK WE'RE BETTER OFF. AND AGAIN, IF WE GO BACK TO THE IDEA OF USING TABLING AND CONVERSATIONS, THIS HAS BEEN ONE OF MY FRUSTRATIONS IS THAT IT'S EVERYBODY'S, I THINK, IS THAT WE CAN'T HAVE THESE CONVERSATIONS BEFORE THEY GET HERE. AND THOSE CONVERSATIONS NEED TO BE HAD A LOT SOONER THAN THE PROCESS. I THINK WE CAN START TO MOVE THAT DIRECTION WITHOUT HAVING TO COMPLETELY CANCEL PUDS. AND I THINK THAT'S THE BETTER THING FOR EVERYBODY. I THINK IT'S BETTER FOR THE DEVELOPERS. I THINK IT'S BETTER FOR THE PEOPLE WHO ARE GOING TO LIVE IN THOSE HOMES. THAT'S ONE OF THOSE GROUPS THAT WE NEVER HEAR FROM, OR THE PEOPLE THAT ARE GOING TO LIVE IN THOSE HOMES, AND THE RENTS AND PURCHASE PRICES THAT ARE MAYBE A LITTLE BETTER, A LITTLE LOWER THAN THEY ARE FOR SOME OTHER FORMS OF DEVELOPMENT. SO I, AT THIS POINT, I WOULD NOT BE IN FAVOR OF THE DECISION. I'D BE IN FAVOR OF LEARNING MORE ABOUT MORATORIUMS AND RESCISSIONS AND REVISITING THEM. THAT DISCUSSION. OKAY, WE HAVE A THIRD CHOICE. THERE'S NO THEY'RE NOT JUST TWO CHOICES HERE, RIGHT? THE THIRD CHOICE IS JUST NOT DO ANYTHING TONIGHT, NOT RESCIND, NOT NOT DO A MORATORIUM, KEEP THE THING IN PLACE AND GO TO WORK REWRITING THE ORDINANCE. AND THEN WHEN THE ORDINANCE IS READY, IT COMES BACK TO US. AND WE WE PASS IT AND THE OLD ONE IS RESCINDED. SO I'D STILL LIKE TO KNOW THE DIFFERENCE, THE DIFFERENT NUANCES BETWEEN RESCISSION AND MORATORIUM. BUT YOU DO HAVE A NOTICE FOR THE PLANNING AND ZONING, LIKE YOU DO HAVE SOMETHING YOU HAVE TO DO, BECAUSE WE HAVE A NOTICE TO PLANNING AND ZONING THAT THIS IS THIS IS ON THE AGENDA FOR THE PLANNING. WE HAVE A DIRECTION TO STAFF TO DO THE RECEPTION. SO YOU WOULD EITHER THAT OR YOU COULD. WE COULD. YOU COULD DIRECT STAFF. WE COULD AMEND THE DIRECTION.

RIGHT. WE COULD AMEND THE DIRECTION THAT'S CURRENTLY ON HERE. YEAH. IT SEEMED LIKE YOU HAD A QUESTION FOR ME FOR A SECOND. I WHAT WAS THAT? I WAS UNDER THE IMPRESSION THAT YOU WERE ASKING ME A QUESTION, BUT THEN SOMETHING ELSE. NO, I'D LIKE TO CONVERSE. I THINK IT WAS COUNCIL PRESIDENT FRANCIS TALKED ABOUT ASKING YOU OR CDS OR COMBINATION TO COME BACK

[01:50:08]

SUCH AS WHERE IS ALL OF THE GUEST PARKING? HOW ARE GUESTS EXPECTED TO PARK? OR HOW HAS THIS STREETSCAPE BEEN ENHANCED BECAUSE OF CONCERNS THAT IT HASN'T BEEN OR WHY, YOU KNOW, IT LOOKS LIKE IT'S JUST GOING TO BE A WHOLE BUNCH OF GARAGES AND CARS ON THE ROAD. SO AND THEN AND WE COULD THAT WOULD BE WHERE COUNCIL MEMBER FRANCIS'S OPINION OF QUASI JUDICIAL IS, YOU KNOW, ARE COLLECTIVELY, THE OPINION WOULD BE, WE DON'T THINK THIS IS A IMPROVED STREETSCAPE BECAUSE WE SEE A LOT OF GARAGES. HERE'S AN IDEA. WE COULD ASK, I BELIEVE, STAFF TO COME BACK TO US WITH AN ANALYSIS OF WHAT TABLING OFFERS AS WHEN WE'RE NOT COMFORTABLE WITH SOME ELEMENTS, BUT MAYBE THE OVERALL CONCEPT, WE'RE OKAY, BUT SO WE TABLE IT AND BASICALLY WE'RE SAYING IT'S ALMOST A REJECTION WITH CONDITIONS. BUT I'D LIKE TO KNOW WHAT THE IMPLICATIONS OF TABLING ARE. I'D LIKE TO KNOW WHAT THE IMPLICATION OF A SUSPENSION OR MORATORIUM FOR A DATE CERTAIN. I'D LIKE TO KNOW THAT. AND I'D LIKE TO KNOW WHAT THE IMPLICATION OF RESCINDING RESCINDING IS. AND I WOULD ASK STAFF TO KEEP THE AGENDA ITEM FOR THE PLANNING AND ZONING. I'D LIKE THE PLANNING AND ZONING TO GIVE THEIR FEEDBACK ON RESCINDING. SO INSTEAD OF DECIDING A DIRECT QUESTION DIRECTION TONIGHT, WE SAY WE NEED MORE INFORMATION. I THINK I THINK I NEED MORE INFORMATION. IS THAT WOULD THAT BE POSSIBLE? I THINK IT'S POSSIBLE. BUT I THINK AND I LIKE IT GENERALLY, BUT IT DELAYS WHAT YOUR TIMELINE. WELL, I KNOW, I MEAN, IF I WERE WAVING A MAGIC WAND, THAT'S NOT WHAT I PROPOSED, BUT I THINK IT MIGHT BE SOMETHING WE NEED MORE INFORMATION ON. YOU NEED A MOTION? YEAH. IF COUNCIL THINKS THAT THEY CAN HAVE A MOTION THAT WOULD PASS, THEN YES, I'LL TRY. I GOT ONE WRITTEN DOWN. I WOULD MOVE THAT DIRECTION TO STAFF AS TO NOT RESCIND THE PUD ORDINANCE AT THIS TIME, AND BEGIN PREPARING AMENDMENTS TO THE ORDINANCE TO BE CONSIDERED AS SOON AS POSSIBLE. I WOULD SECOND THAT. FREEMAN. YES. GO AHEAD FOR NAY. LARSON. YES. DINGMAN. YES. LEE.

YES. FRANCIS. NO. MOTION CARRIES. THANK YOU. THANK YOU. COUNCIL. AS AS ALWAYS, THAT WAS

[01:55:14]

[6.E.2) Legislative Hearing for Consideration of an Ordinance approving the Urban Renewal Plan for the Willow Creek Urban Renewal Project. 26-352]

WITH THAT, BRAD. THANK YOU. BRAD. GOOD EVENING COUNCIL. SINCE I SAID THE LINK AS QUICK AS YOU WANT, I GUESS I SHOULD ASK HOW QUICK DO YOU WANT. I DON'T REALLY PLAN AN HOUR SO.

AS, AS GREG MENTIONED, WE DO HAVE MEGAN CONRAD ONLINE AS WELL. IF THERE ARE ANY QUESTIONS FROM HER STANDPOINT, I THINK MAYBE JUST GIVEN THE. SINCE YOU PASSED UP A BREAK TO START THIS. MEGAN, IF IT'S OKAY, I'LL JUMP INTO THE SLIDES AND WORK MY WAY THROUGH AND PLEASE INTERRUPT ME IF IF NEEDED. WHAT'S BEFORE YOU TONIGHT IS CONSIDERATION OF A NEW URBAN RENEWAL DISTRICT, AN URBAN RENEWAL PLAN AND REVENUE ALLOCATION AREA FOR THE WILLOW CREEK URBAN RENEWAL PROJECT. IT'S ROUGHLY 100 ACRES, LOCATED ON THE NORTHWEST CORNER OF HOLMES AND SCIENCE CENTER DRIVE, SHOWN HERE IN THE HATCHED AREA. KIND OF TUCKED AWAY BEHIND SOME HEAVY COMMERCIAL AND INDUSTRIAL BUSINESSES AT THAT INTERSECTION. PLAN APPROVAL PROCESS. THIS IS ACTUALLY BEEN A BIT OF A LENGTHY ONE. IT STARTED IN 2024, AND THERE WERE SOME DELAYS JUST DUE TO VARIOUS DEVELOPMENT ISSUES, AS THE OWNER AND APPLICANT WORKED THROUGH THOSE.

THAT TOOK A LITTLE BIT TO GET TO THE SECOND HALF OF THE CREATION OF THE DISTRICT, WHICH IS THE WRITING OF THE PLAN AND AN ECONOMIC FEASIBILITY STUDY. BUT AT THIS POINT, THE IDAHO FALLS REDEVELOPMENT AGENCY HAS APPROVED ON THEIR END THE CREATION OF THIS DISTRICT, THE PLANNING AND ZONING COMMISSION. LAST MONTH CONSIDERED THIS AND PASSED A RESOLUTION STATING THAT IT WAS CONSISTENT WITH THE COMPREHENSIVE PLAN. AND TONIGHT IS ESSENTIALLY THE FINAL STEP OTHER THAN PUBLISHING NOTICES. BUT THIS IS THE OPPORTUNITY FOR THE CITY COUNCIL TO TO APPROVE THAT DISTRICT, AS WELL AS WITH ALL OF THE OTHER PLANS THAT YOU'VE SEEN BEFORE. THIS FOLLOWS THE STANDARD FORMAT WHERE THE PLAN ADDRESSES THE TYPES OF PROJECTS WITH A CERTAIN LEVEL OF SPECIFICITY AS BEST WE CAN. THAT WOULD BE TAKEN ON BY THE REDEVELOPMENT AGENCY. IT SETS FORTH WHETHER OR NOT THE PLAN IS ECONOMICALLY FEASIBLE, AND WE'LL GO INTO A LITTLE BIT MORE DETAIL ABOUT THAT AND THEN OUTLINES WHAT WILL HAPPEN WITH THE FUNDS AT THE END OF THE DISTRICT. ON THIS SLIDE. ONE OF THE REQUIREMENTS IS THAT YOU CONSIDER WHETHER OR NOT THE BASE VALUE OF ALL THE URBAN RENEWAL DISTRICTS WITHIN THE MUNICIPALITY EXCEED 10% OF THE CITY'S TOTAL TAXABLE VALUATION, EVEN WITH THE THE DISTRICTS THAT ARE IN CONSIDERATION, YOU'RE CURRENTLY ABOUT 1.8% SO FAR BELOW THAT 10% THRESHOLD AT THIS TIME. ON THIS SLIDE, YOU SEE THE TAXING DISTRICTS THAT ARE COVERING THE PROPERTIES UNDER THIS CONSIDERATION, THE ONES THAT ARE IN ITALICS, JUST TO POINT OUT QUICKLY, THOSE ARE ONES THAT WOULD NOT BE. AFFECTED BY THE CREATION OF THIS DISTRICT. ESPECIALLY. I WANT TO POINT OUT THE BONNEVILLE COUNTY AMBULANCE. THAT'S A NEW THAT'S BECAUSE OF A NEW LAW THAT WAS RECENTLY ADOPTED, THAT AN AMBULANCE DISTRICT HAS TO BE PUMPED IN TO AN URBAN RENEWAL AREA. IT'S NOT AUTOMATICALLY INCLUDED. THIS PLAN HAS BEEN PUT TOGETHER WITH THE ASSUMPTION THAT THE. EITHER THE CITY AND THE REDEVELOPMENT AGENCY WILL APPROACH THE

[02:00:01]

AGAIN, YOU'VE SEEN THIS SLIDE SEVERAL TIMES. SAME REVENUE AND CASH FLOW ASSUMPTIONS, A CONSERVATIVE APPROACH AS WELL AS A MODERATE APPROACH BASED ON THE CHANGES IN LEVY RATES AND CITY VALUATIONS THAT YOU SEE OVER THE LAST FEW YEARS. THIS ALSO ASSUMED A 75% PAYBACK TO THE DEVELOPER THROUGH TAX INCREMENT FINANCE OR TAX INCREMENT REVENUES RECEIVED, WITH REMAINING FUNDS BEING HELD BY THE BY THE REDEVELOPMENT AGENCY FOR ADMINISTRATIVE COSTS AND FUTURE PROJECTS. SO A COUPLE OF THINGS I JUST WANT TO POINT OUT QUICKLY ON THESE THE NEXT TWO SLIDES IN A CONSERVATIVE REVENUE AND CASH FLOW MODEL WITH THE PRIVATE INVESTMENT. IF ALL GOES TO WITH ALL THE ASSUMPTIONS, THE POTENTIAL OPA OR OWNER PARTICIPATION AGREEMENT WITH THE DEVELOPER WOULD BE PAID OFF IN 2042 IN A CONSERVATIVE SCENARIO, AND THERE WOULD BE ROUGHLY $5.4 MILLION IN AVAILABLE FUNDS FOR ASK A QUESTION. IF I REMEMBER RIGHT READING THROUGH THIS, IT TALKED ABOUT THE CONCERN WITH THE STATE CODE, ABOUT AN 8% INCREASE IN ANY ONE TAX YEAR. ARE THOSE THOSE NUMBERS ARE IN THESE TABLES, RIGHT? THE THINGS THAT ALLOW FOR THAT ACTUALITY, IN THE SENSE THAT IT'S BASED ON AVERAGE, RISES AND FALLS IN THE LEVY RATE DUE TO THOSE 8% LIMITATIONS? YES. IS THE IS THE DEVELOPER FULLY AWARE OF THAT? HE'S ON THE LINE. I DON'T KNOW HOW FULLY AWARE HE IS, BUT HE'S ON THE LINE. IT'S REALLY IMPORTANT THAT EVERYBODY BE, YOU KNOW, ON THE SAME PAGE ON THAT. RIGHT. UNDERSTOOD. AND MAYBE THAT'S A GOOD, GOOD TIME TO MAKE THE POINT THAT WHEN WE DEVELOP THESE OWNER PARTICIPATION AGREEMENTS, EVERYONE THAT I'VE EVER SEEN IN CAPS AND BOLD LETTERS SAY THERE IS NO GUARANTEE OF FULL PAYBACK. AND ALL THESE ASSUMPTIONS MAY OR MAY NOT ACTUALLY COME, COME TO FRUITION. AND THEY HAVE TO BE AWARE OF THAT BEFORE THEY SIGN THAT AGREEMENT. THANK YOU. THAT'S A VERY GOOD POINT. IN THE IN THE MODERATE REVENUE MODEL, THE OPA IS PAID OFF A YEAR EARLIER IN THAT SCENARIO, AND THERE'S NEARLY $7 MILLION AVAILABLE FOR POTENTIAL PROJECTS AS WELL, OUTSIDE OF WHAT THE DEVELOPER WILL ALREADY ACCOMPLISH. SO THE FINDING IS THAT THE THE DISTRICT IS FINANCIALLY FEASIBLE UNDER THE ASSUMPTIONS MADE, THAT THERE WILL BE A FULL OPA REIMBURSEMENT, AND SEVERAL OF THE PRIORITY PROJECTS COULD BE COMPLETED LATER ON BY THE CITY OR THE REDEVELOPMENT AGENCY.

JUST QUICKLY TO. AGAIN, THE PLANNING AND ZONING COMMISSION ROLE IS TO MAKE SURE THAT IT'S

[02:05:02]

SO AGAIN, TONIGHT IS THE FINAL VOTE BY THE CITY COUNCIL. ASSUMING THAT YOU WERE TO PASS AN ORDINANCE ON ALL THREE READINGS. AND THEN THE NEXT STEP WOULD BE TO PUBLISH THE ORDINANCE AND DISTRIBUTE ALL THE DOCUMENTS TO THE APPROPRIATE TAXING ENTITIES AND OFFICIALS. SO THE GOAL HERE IS TO COMPLETE THIS BY THE END OF CALENDAR YEAR 2026. IT PROBABLY FELT LONGER THAN I INTENDED IT TO BE, BUT THERE WAS A LOT OF INFORMATION IN A SHORT AMOUNT OF TIME, WE'D BE HAPPY TO ANSWER ANY QUESTIONS. I'M SURE THAT MEGAN ONLINE AS WELL WOULD BE HAPPY TO ANSWER QUESTIONS. ANY QUESTIONS, COMMENT. IT'S NICE TO SEE THIS COMING TO FRUITION. THAT SPACE IN OUR CITY IS A UNIQUE SPOT THAT WILL BENEFIT FROM HAVING ACCESS AND REVENUE FOR BUSINESSES AND FOR THE CITY. ANYONE? YES. QUESTIONS? COMMENTS? THIS IS ONE OF THE LARGER ONES WE'VE DONE. AM I WRONG OR WRONG A LITTLE BIT, YEAH. ONE OF THE THINGS I THINK THAT WE'VE LEARNED WITH THE THE HEAVIER USE OF MICRO DISTRICTS IS THAT RATHER THAN JUST FOCUSING ON THE SITE THAT'S INITIALLY REQUESTED, IS TO LOOK JUST A LITTLE BIT BROADER TO SEE WHAT OTHER PROJECTS MIGHT BE WORTH INCORPORATING INTO THE BOUNDARY.

YEAH, IT IS A LITTLE BIT LARGER. WE READY FOR A MOTION. WE ARE READY FOR A MOTION. I'D LIKE TO MOVE THAT. WE APPROVE THE ORDINANCE APPROVING THE URBAN RENEWAL PLAN FOR THE WILLOW CREEK URBAN RENEWAL PROJECT AND REVENUE ALLOCATION AREA. UNDER A SUSPENSION OF THE RULES REQUIRING THREE COMPLETE SEPARATE READINGS AND REQUESTS THAT IT BE READ BY TITLE AND PUBLISHED BY SUMMARY. SECOND. ME. YES. DINGMAN. YES. FRANCIS. YES. FREEMAN. YES. LARSON. YES.

REDFORD. I. MOTION CARRIES AND I'LL READ THAT. AN ORDINANCE OF THE CITY COUNCIL. EXCUSE ME.

LET ME START AGAIN. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IDAHO FALLS, IDAHO, APPROVING THE URBAN RENEWAL PLAN FOR THE WILLOW CREEK URBAN RENEWAL PROJECT, WHICH PLAN INCLUDES REVENUE ALLOCATION, FINANCING PROVISIONS AUTHORIZING THE CITY CLERK TO TRANSMIT A COPY OF THIS ORDINANCE AND OTHER REQUIRED INFORMATION TO COUNTY AND STATE OFFICIALS AND THE EFFECTIVE TAXING ENTITIES PROVIDING SEVERABILITY, CODIFICATION AND PUBLICATION. BY SUMMARY, PROVIDING FOR A WAIVER OF THE READING RULES AND PROVIDING AN EFFECTIVE DATE. OKAY. THANK YOU. WELL, I DON'T THINK WE'D EVEN BE BACK FROM OUR BREAK YET. SO YOU DID MOVE VERY QUICKLY THROUGH THAT. THANK YOU. COUNCIL. THAT BRINGS US TO THE END OF OUR AGENDA TONIGHT. IF WE COULD JUST START DOWN ON THE LEFT TO GIVE ANY

[7. Announcements]

SERIOUSLY, I'VE NEVER BEEN IN A BETTER TOUR, SO I WANTED TO THANK THE THE DIRECTORS AND THE TIER ONE LEADERSHIP FOR THEIR THOUGHTFUL QUESTIONS AND FOR THEIR ENTHUSIASM TO APPROACH THAT TOUR TODAY. AND REALLY A A LOOK TO WHAT WAS HAPPENING OUT ON THE DESERT. SO THANK YOU.

AND I WAS GOING TO ADD TO THE OKTOBERFEST THIS YEAR. IT'S DESIGNED VERY MUCH AS A FAMILY

[02:10:04]

COUNCILMEMBER LEE. JUST ONE RECOGNITION THAT I'D LIKE TO RECOGNIZE A GREAT COMMUNITY PARTNER THAT WE HAVE HERE, AND THAT IS FRONTIER CREDIT UNION, THE VERY FIRST VARSITY SOCCER MATCH WAS HELD TODAY AT FRONTIER FIELDS, WHICH HAS BEEN A LABOR OF LOVE FOR THE PAST 5 OR 6 YEARS FOR MANY IN OUR COMMUNITY. AND I JUST WANT TO ACKNOWLEDGE FRONTIER AND THEIR CONTRIBUTION TO MAKING THAT HAPPEN. THANK YOU. OKAY. AND WITH THAT, WE ARE

* This transcript was compiled from uncorrected Closed Captioning.