City of Idaho Falls | minutes | meeting 2026-04-02 | City Council Meeting source: https://www.idahofallsidaho.gov/AgendaCenter/ViewFile/Minutes/_04022026-2111 City Council Meeting Minutes 1 680 Park Avenue Idaho Falls, ID Thursday, April 2, 2026 6:30 PM City Council Chambers 6:00 PM – Color Guard, Pledge, Swearing in of Johan Olson as Fire Chief. The ceremony took place just before the regular Council meeting and marked the official swearing-in of Fire Chief Olson, led by Mayor Lisa Burtenshaw. It began with a formal color guard presentation and the Pledge of Allegiance, followed by the Mayor outlining the ceremony process. In her remarks, the Mayor emphasized the importance of the fire department’s role in public safety and highlighted Olson’s experience, leadership, and the trust placed in him. She then formally read the appointment warrant, after which Olson’s wife, Mandy, pinned on his new badge. Olson took the oath of office, officially becoming Fire Chief. In his remarks, Chief Olson expressed gratitude to City leaders, colleagues, family, and mentors. He praised the fire department as one of the finest he has worked with and acknowledged the sacrifices made by firefighters and their families. He shared his commitment to leadership, teamwork, and service, emphasizing that the department is a family dedicated to protecting the community. He pledged to do his best in the role and expressed appreciation for the opportunity to return and serve. The ceremony concluded with a brief reception period before the City Council meeting. 1. Mayor Burtenshaw Called the regular City Council meeting to Order at 6:31 PM Present: Mayor Lisa Burtenshaw Councilor Brandon Lee Council President Jim Francis Councilor Michelle Ziel-Dingman Councilor Jim Freeman Councilor John Radford Absent: Councilor Kirk Larsen Also present: Ian Turner, Airport Director Josh Roos, CFO IF Power Mark Hagedorn, Finance Manager / Treasurer Pam Alexander, Municipal Services Director Chris Canfield, Assistant PW Director Wade Sanner, CDS Director Zack Jones, City Attorney Jasmine Marroquin, Deputy City Clerk 2. Pledge of Allegiance Daniel Ramirez led those present in the Pledge of Allegiance. City Council Meeting Minutes 2 680 Park Avenue Idaho Falls, ID Motion: Table item E.2, a public hearing for Willows Place Townhomes to a date certain of April 23rd for our Council Session. Discussion: • Opposition to tabling: Several members argue the hearing should proceed because it was publicly noticed weeks in advance, and many attendees rearranged their schedules to participate. They expressed frustration that the developer—who requested the hearing—is not present, calling it unfair to those who showed up. • Support for tabling: Others caution that moving forward without the developer or their legal representation could create due process and legal risks, since the developer may not have a fair chance to respond to arguments. • Key tension: Both sides acknowledge there’s no perfect solution—either the public or the developer may be disadvantaged. One side prioritizes honoring the scheduled hearing for attendees, while the other prioritizes legal fairness and avoiding procedural issues. • Moved by: Councilor Radford • Second: Councilor Dingman • Vote: Aye: Radford. Nay: Francis, Dingman, Freeman, Lee. • Motion failed. 3. Public Comment No one appeared. 4. Consent Agenda A. Office of the Mayor 1. 26-127 Appointment of Matt Warnke to the War Bonnet Round Up Rodeo Advisory Committee B. Municipal Services 1. 26-103 Budget transfer of $82,231.03 for the Frontier Center for Performing Arts 2. 26-125 Hardware upgrades for a total of $89,023.61 from CompuNet C. Public Works 1. 26-113 Bid award for street overlays to Knife River for $957,266.00 2. 26-114 Bid award for microsurfacing to Boswell Asphalt Paving Solutions for $503,418.00 D. Idaho Falls Power 1. 26-104 Resupply pole inventory for $171,209.10 with Western United Electric 2. 26-121 Bid award for rip rap at the Gem State Plant to Suncore Construction & materials for $92,022.70 3. 26-123 Bid award for the circuit breaker purchase at Harrison Substation for $395,505.00 E. Office of the City Clerk City Council Meeting Minutes 3 680 Park Avenue Idaho Falls, ID 1. 26-106 City Council Meeting Minutes (03.09.2026, 03.12.2026) Motion: Approve, accept, or receive all items on the Consent Agenda according to the recommendations presented. o Moved by: Councilor Dingman o Second: Councilor Freeman o Vote: Aye: Francis, Dingman, Freeman, Lee, Radford. Nay: none. o Motion carries. 5. Regular Agenda A. Airport 1. 26-108 Approve Work Order 26-01 for an Environmental Assessment - Air Traffic Control Tower and VOR Relocation Presentation/Discussion (Director Turner): Director Turner presented a request for Council approval of an environmental assessment tied to airport improvements. He explained that the current air traffic control tower, built into the terminal in the 1950s, does not meet modern building codes and is limiting expansion of the terminal’s north side. To address this, the airport began a siting study in August 2022, which found that relocating the tower would also impact the VOR (a key navigational aid for pilots). As a result, the project was expanded—working with the FAA—to include relocating the VOR as well. The FAA approved the project scope, and a firm was selected in 2024 to conduct the environmental assessment at a cost of about $1 million. An independent review confirmed the cost is reasonable, and the FAA has concurred. Turner noted that existing Federal Airport Improvement Program funds are sufficient to cover the work, and he asked the Council to approve the work order. Motion: Approve Work Order 26-01 with Ardurra Group Inc. to conduct an Environmental Assessment - Air Traffic Control Tower and VOR Relocation in the amount of $1,008,700.82. o Moved by: Councilor Radford o Second: Councilor Dingman o Vote: Aye: Francis, Dingman, Freeman, Lee, Radford. Nay: none. o Motion carries. B. Idaho Falls Power 1. 26-122 IFP 26-09 (Part A) Downtown Alley Phase 2 - Construction and (Part B) Phase 3 - Electrical Construction Presentation/Discussion (CFO Roos): Idaho Falls Power CFO Josh Roos presented a project update and request for bid approval related to downtown power infrastructure improvements. City Council Meeting Minutes 4 680 Park Avenue Idaho Falls, ID He explained that in early 2025, Idaho Falls Power secured a $2 million grant through the Idaho Energy Resilience Grant Program (via the Governor’s Office of Energy and Mineral Resources, funded by the Infrastructure Investment and Jobs Act). The funding is being used to convert overhead power lines in downtown alleyways into underground infrastructure. The first phase—covering the alley between Broadway and A Street—is nearing completion, with work expected to finish by spring or early summer. The City is now moving into the next two phases, which will complete additional alleyways and finish the broader downtown project (with construction for these phases expected by September). Mr. Roos noted that the project includes both general construction (trenching, conduit, pads) and electrical work (connections to customer meters). Normally, customers would bear the cost of secondary electrical work, but the grant allows the City to cover those costs, reducing the financial burden on downtown businesses and residents. Bids came in from KM Construction for general work (~$430K) and Wheeler Electric for electrical work (~$357K), with a total project cost of about $866K including contingency. The grant operates on a reimbursement basis, meaning the City pays upfront and is reimbursed later. Council discussion emphasized the project’s benefits, including improved safety, better access for delivery vehicles, stronger infrastructure, and enhanced downtown aesthetics. Motion: Accept and approve the bids from KM Construction (Part A) construction portion and Wheeler Electrical (Part B) electrical construction portion of the downtown alleyway upgrade project for a total not-to-exceed amount of $866,848.18 and give authorization to the Mayor and City Clerk to execute the necessary documents. o Moved by: Councilor Freeman o Second: Councilor Francis o Vote: Aye: Francis, Dingman, Freeman, Lee, Radford. Nay: none. o Motion carries. C. Municipal Services 1. 26-090 Purchase HazMat Unit Equipment for Fire Department Presentation/Discussion (Director Alexander): Director Alexander presented a request to purchase a new hazardous materials (HazMat) response vehicle for Idaho Falls. She explained that the City, as part of Idaho’s Region 7 HazMat Response Team, needs to replace and upgrade equipment along with other regions statewide. The proposed purchase is a Pierce Enforcer heavy-duty HazMat rescue apparatus through a cooperative purchasing contract with Hughes Fire Equipment, totaling about $1.28 million. The vehicle is a specialized, large-scale piece of equipment designed for hazardous materials response across southeast Idaho. Due to a coordinated statewide purchase, the City is receiving significant cost savings through bulk discounts. Funding for the purchase is already secured through an interagency agreement with the Idaho Office of Emergency Management and is included in the current budget (not City Council Meeting Minutes 5 680 Park Avenue Idaho Falls, ID reimbursement-based like a grant). However, delivery will take an estimated 36–48 months due to manufacturing timelines. Council discussion highlighted that receiving this equipment reflects strong recognition of the quality and importance of Idaho Falls’ fire department and its regional response role. Motion: Accept and approve the purchase of one Pierce Enforcer Heavy Duty HazMat Rescue Apparatus from Hughes Fire Equipment, accessing the Houston-Galveston Area Council (H-GAC), a cooperative government contract FS12-23 for a total of $1,279,871.00 and authorize the Mayor and City Clerk to sign the necessary documents. o Moved by: Councilor Dingman o Second: Councilor Radford o Vote: Aye: Francis, Dingman, Freeman, Lee, Radford. Nay: none. o Motion carries. 2. 26-124 Bid IF 26-006, Water Line Surface Repair Presentation/Discussion (Director Alexander): Director Alexander presented a request to award a contract for annual waterline surface repairs carried out by the Public Works Department. She explained that the work includes repairing surfaces affected by waterline projects, such as curb and gutter, concrete, rebar, and asphalt (plant mix). Three bids were received, but one bidder—Rolling Rock LLC—was disqualified because it did not have the required Category A public works contractor license at the time of submission, making the bid nonresponsive. As a result, the City recommends formally rejecting that bid and awarding the contract to the lowest responsive and responsible bidder, JM Concrete, for an estimated total of about $904,530. This amount reflects projected work over a three-year period. The request to Council was to both reject the noncompliant bid and approve the contract award to JM Concrete. Motion: 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 responsive and responsible bidder, JM Concrete, for an estimated total of $904,530.00. o Moved by: Councilor Dingman o Second: Councilor Radford o Vote: Aye: Francis, Dingman, Freeman, Lee, Radford. Nay: none. o Motion carries. 3. 26-119 Resolution: City of Idaho Falls Termination of Utility Service and Disconnect Policy City Council Meeting Minutes 6 680 Park Avenue Idaho Falls, ID Presentation/Discussion (Director Alexander, CFO Roos, Treasurer Hagedorn): Director Alexander and staff presented an updated, unified policy for utility service disconnections and temporary disconnect procedures for the City of Idaho Falls. The update was a collaborative effort between Idaho Falls Power, Public Works, and Municipal Services, aimed at creating a single, clear policy covering all utilities (power, water, wastewater, and sanitation). Previously, policies were split between residential and nonresidential customers, with some utilities lacking formalized or consistent guidelines. Key updates include: • Standardized timelines: Disconnection begins at 75 days past due for nonresidential accounts and 48 days for residential (adjusted from 45 days to better distribute disconnections across the workweek and avoid Fridays). • Clear governance: Council retains oversight, with limited authority for City leadership to grant short-term extensions in special cases. • Improved customer support clarity: The policy outlines where customers can seek help and assistance. • Defined winter moratorium: No disconnections from December 1 to March 15, with clear procedures for resuming afterward. • Consistent procedures: Standardized rules for disconnection and reconnection across all utility services. Overall, the policy is designed to improve consistency, transparency, coordination among departments, and customer experience, while also addressing operational challenges. Council discussion emphasized the strong interdepartmental collaboration and benefits for both residents and City operations. Motion: 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. o Moved by: Councilor Dingman o Second: Councilor Freeman o Vote: Aye: Francis, Dingman, Freeman, Lee. Abstain: Radford. Nay: none. o Motion carries. D. Public Works 1. 26-115 Bid Award - Seal Coats 2026 Presentation/Discussion (Assistant Director Canfield): Assistant Public Works Director Chris Canfield presented a straightforward request to award a contract for the City’s annual pavement maintenance project. He explained that the City received bids on March 19, 2026, for routine street and infrastructure maintenance. The lowest bid came from HK Contractors in the amount of approximately $1.76 million. City Council Meeting Minutes 7 680 Park Avenue Idaho Falls, ID The request to Council was simply to approve awarding the contract to H-K Contractors, noting that this is a standard annual project and the item is routine aside from the contract amount. Motion: Approve the plans and specifications for the Seal Coats 2026 project; award to 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. o Moved by: Councilor Dingman o Second: Councilor Lee o Vote: Aye: Francis, Dingman, Freeman, Lee, Radford. Nay: none. o Motion carries. 2. 26-117 Bid Award - Birch Street and South Boulevard Roundabout Presentation/Discussion (Assistant Director Canfield): Public Works presented a request to award the contract for the Birch Street–South Boulevard roundabout project. The project, which will construct a roundabout at the intersection of Birch and Boulevard, was bid on March 26, 2026. The lowest bidder was DL Beck, with a bid of about $1.33 million. Staff noted that the project has been well communicated to the public, including a neighborhood meeting that generated strong engagement and discussion. Overall, the roundabout is part of a broader set of upcoming infrastructure improvements, and the Council was asked to approve the award. Motion: Approve the plans and specifications; award to the lowest responsive 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. o Moved by: Councilor Dingman o Second: Councilor Francis o Vote: Aye: Francis, Dingman, Freeman, Lee, Radford. Nay: none. o Motion carries. 3. 26-126 Professional Services Agreement with Strata Incorporated for Construction Engineering And Inspection for the Science Center Drive Project Presentation/Discussion (Assistant Director Canfield): This presentation outlined a request to approve a professional services agreement with Strata Incorporated to support a federally funded road project in the City. City Council Meeting Minutes 8 680 Park Avenue Idaho Falls, ID Key points: • Scope of work: Strata will provide construction administration, inspection, and materials testing for improvements along Science Center Drive and Anderson Street, including: o A signal replacement at the Boulevard/Science Center intersection o Road resurfacing between Holmes and that intersection • Cost: The agreement is for up to $285,220. • Project status: o Design work is already complete o Construction was bid through the Idaho Transportation Department for just under $2 million o Knife River was selected as the contractor o Construction is expected to begin late June and continue through summer • Why a consultant is used: o The City typically handles this work in-house, but due to staff capacity limits and the federal aid requirements, outsourcing was chosen o The City will be reimbursed 93% of the cost, making the consultant approach financially viable o Materials testing would have required a separate contract anyway Overall: The agreement allows the City to efficiently manage a federally funded road project by bringing in outside expertise, largely offset by federal reimbursement. Motion: Approve the Professional Services Agreement with Strata Inc., and authorize the Mayor and City Clerk to execute the document. o Moved by: Councilor Dingman o Second: Councilor Freeman o Vote: Aye: Francis, Dingman, Freeman, Lee, Radford. Nay: none. o Motion carries. 4. 26-116 Alley Vacation - Eagle Rock Town site Presentation/Discussion (Assistant Director Canfield): This presentation introduces a proposed alley vacation ordinance for a short alley located between Yellowstone and Oneida, just south of downtown. Key points: • The alley runs near existing properties, including a drinking establishment and a former industrial site now being redeveloped by a church. • The church is seeking to improve and better utilize the property as part of its redevelopment plans. • The City has guided them through the alley vacation process. City Council Meeting Minutes 9 680 Park Avenue Idaho Falls, ID • While vacating the alley, the City will retain access rights for utilities, such as power lines. Overall: The ordinance is described as straightforward, balancing support for local development with protecting the City’s infrastructure rights. Motion: Approve the Alley Vacation Ordinance under a suspension of the rules requiring three complete and separate readings and request that it by read by title. o Moved by: Councilor Dingman o Second: Councilor Freeman o Vote: Aye: Francis, Dingman, Freeman, Lee, Radford. Nay: none. o Motion carries. ORDINANCE TITLE READ: AN ORDINANCE OF THE 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 LEGALLY DESCRIBED IN SECTION 1 OF THIS ORDINANCE; PROVIDING THAT TITLE TO SAID VACATED ALLEY SHALL VEST AS SPECIFIED IN SECTION 2 OF THIS ORDINANCE; RESERVING TO THE CITY A PUBLIC UTILITY EASEMENT AS DESCRIBED IN SECTION 3 OF THIS ORDINANCE; PROVIDING THAT THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT FROM AND AFTER PASSAGE, APPROVAL, AND PUBLICATION ACCORDING TO LAW. E. Community Development Services 1. 26-110 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. Presentation/Discussion (Director Sanner): The City Council held a legislative public hearing on a request to annex approximately 38 acres near 65th South and South Holmes and apply R-1 (single-family residential) zoning. Council President Francis disclosed a personal connection but no financial conflict and participated in the hearing. The applicant explained the property is currently farmland and that the proposal includes annexing both the land and adjacent 65th South right-of-way to support future infrastructure and managed growth. The intent is to enable residential development while improving the City’s ability to plan roads and utilities in the area. City staff reported that: • The annexation is contiguous to the City and aligns with the comprehensive plan • The R-1 zoning is appropriate given surrounding development patterns • The Planning Commission had unanimously recommended approval City Council Meeting Minutes 10 680 Park Avenue Idaho Falls, ID Concerns raised (primarily at the Planning Commission level and written comments) included: • Density being too high for a rural/agricultural area • Loss of farmland and wildlife habitat • Water rights and irrigation changes • Power lines and fiber optic infrastructure • Potential endangered species impacts Staff emphasized that most technical issues—such as utilities, environmental impacts, and infrastructure—are addressed later during the development (platting and pre- development) process, not at the annexation stage. Council discussed strengthening awareness of endangered species concerns during pre-development, though noted that formal triggers depend on regulatory processes. A member of the public, Dave Rocknak, provided information on the Migratory Bird Treaty Act, clarifying that: • Incidental impacts from lawful construction are generally allowed • Protections mainly apply to intentional harm or specific species (e.g., eagles) • Seasonal nesting buffers are recommended but not always restrictive outside nesting periods Council also discussed the loss of agricultural land, noting that while the parcel is large, annexation aligns with the City’s strategy of concentrating growth within its boundaries while leaving farmland outside City limits. No one initially spoke during the hearing, and after limited additional testimony, the public hearing was closed. During deliberation, Councilmembers acknowledged the concerns but expressed that: • R-1 zoning is relatively low density • The proposal supports orderly growth and infrastructure control • Property owners have the right to develop their land Motion 1: Approve the Ordinance annexing 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; assign a Comprehensive Plan Designation of “Transect of Suburban and Mixed-Use Centers and Corridors;” and under a suspension of the rules requiring three complete and separate readings, request that it be read by title and published by summary. o Moved by: Councilor Francis o Second: Councilor Lee o Vote: Aye: Francis, Dingman, Freeman, Lee, Radford. Nay: none. o Motion carries. City Council Meeting Minutes 11 680 Park Avenue Idaho Falls, ID ORDINANCE TITLE READ: AN 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 SEVERABILITY, PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE. Motion 2: Approve the Reasoned Statement of Relevant Criteria and Standards for the annexation of 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 and give authorization for the Mayor to execute the necessary documents. o Moved by: Councilor Francis o Second: Councilor Lee o Vote: Aye: Francis, Dingman, Freeman, Lee, Radford. Nay: none. o Motion carries. Motion 3: Approve the Ordinance establishing the initial zoning for R1, Single Dwelling Residential as shown in the Ordinance exhibits under a suspension of the rules requiring three complete and separate readings; and request that it be read by title and published by summary; that the City limits documents be amended to include the area annexed herewith; and that the City Planner be instructed to reflect said annexation, amendment to the Comprehensive Plan, and initial zoning on the Comprehensive Plan and Zoning Maps located in the Planning office. o Moved by: Councilor Francis o Second: Councilor Lee o Vote: Aye: Francis, Dingman, Freeman, Lee, Radford. Nay: none. o Motion carries. ORDINANCE TITLE READ: AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, A 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 R1, SINGLE DWELLING RESIDENTIAL ZONE; AND PROVIDING SEVERABILITY, PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE. Motion 4: Approve the Reasoned Statement of Relevant Criteria and Standards for the initial zoning of R1, Single Dwelling Residential and give authorization for the Mayor to execute the necessary documents. o Moved by: Councilor Francis o Second: Councilor Lee o Vote: Aye: Francis, Dingman, Freeman, Lee, Radford. Nay: none. o Motion carries. City Council Meeting Minutes 12 680 Park Avenue Idaho Falls, ID 2. 26-105 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. Presentation/Discussion (Director Sanner): This quasi-judicial hearing centers on a developer’s appeal of a denied Planned Unit Development (PUD) application. The core issues throughout the hearing involve zoning compatibility, density, safety, and whether the City followed proper legal standards in denying the project. Ryan Singleton, representing the applicant (Bear Hunter Holdings), presented the request for reconsideration. He explained his goals as twofold: 1. to address additional concerns and context not fully discussed previously, and 2. to present legal arguments challenging the validity of the Council’s denial. He began by emphasizing the development team’s good-faith efforts and community benefits, including: • Bringing a neighboring church property into compliance by redesigning its site and covering associated costs • Providing right-of-way to support road expansion • Supporting infill development, which he argues is exactly what the PUD process is intended to enable, especially for otherwise difficult-to-develop land Mr. Singleton also criticizes the original denial process, stating that: • The Council provided no guidance on how the project could be approved • City staff had supported the project and helped address concerns • The final decision lacked direction or constructive feedback, which he argues is a key part of the process He then shifts to the main legal argument, asserting the denial was improper under Idaho law. He claims the decision was arbitrary, inconsistent, and not based on established standards. Key legal points include: • The Council’s stated reasons (project size under two acres and streetscape concerns) are not sufficient grounds for denial • Similar PUDs—including those under two acres—have consistently been approved in recent years, making this denial inconsistent • The project qualifies as “redevelopment” under City code, contrary to the Council’s finding • The Council introduced new standards (such as a 200-foot proximity rule and vague “sufficiency” of amenities) that do not exist in the ordinance • The project exceeds required amenity standards • The Council focused too narrowly on one aspect (streetscape) while ignoring other ordinance criteria City Council Meeting Minutes 13 680 Park Avenue Idaho Falls, ID Public Testimony: Max Smith: Mr. Smith argued that the City Council acted properly in denying the application because each proposal must be evaluated on its own merits under Idaho law, and prior approvals do not set binding precedent. He said the application failed to meet the key two-acre requirement, which alone justified denial. He also contended that the developer’s comparisons to other approved projects were not valid due to differences in zoning, project design, access, and surrounding land uses. Finally, he said the proposed amenities did not meaningfully benefit the community and appeared primarily intended to satisfy requirements, concluding that the Council’s decision was reasonable and not arbitrary. Terri Smith: Ms. Smith urged the Council to deny the proposal, arguing that little has changed since the prior decision and that denial is justified—especially due to the project being under two acres and allowing a reduced setback that could create parking and safety issues. She raised concerns about compatibility with the surrounding neighborhood, noting that vehicle sizes (especially trucks) could conflict with the reduced setbacks, as seen in other nearby developments. She also argued the project would negatively affect drainage because the site was originally intended as a drainage area. Additionally, she said the proposed amenities would not benefit the broader neighborhood since similar facilities already exist nearby, including at a church and a nearby elementary school. She concluded that the Council’s previous denial was reasonable and not arbitrary, and she encouraged them to deny the application again. Tony Laporta: Mr. Laporta stated that the application is not comparable to previously approved developments because it involves a higher density than allowed in an R-1 zone. He explained that while prior approvals in other zoning districts (like R-3A) allowed significantly higher densities, the current proposal exceeds the typical R-1 standard of six units per acre. He concluded that this difference in zoning and density makes the proposal inconsistent with past approvals and supports denying it. Bridget Hall: Ms. Hall argued that the proposed development does not match the character of the surrounding neighborhood. She supported this by presenting data showing that nearby homes generally have larger lot sizes and lower density than what is being proposed, estimating the neighborhood at about four homes per acre compared to R-1 zoning allowances. She said the proposed increase in housing density and townhomes would be inconsistent with the existing single-family, larger-lot neighborhood. Ms. Hall also raised City Council Meeting Minutes 14 680 Park Avenue Idaho Falls, ID concerns about narrow roads and infrastructure, suggesting nearby streets are already tight and would be further strained. She concluded that approving the project would set a precedent for higher-density development in similar areas and urged the Council to consider community input, stating the proposal does not align with the current character of the City. Dave Rocknak: Mr. Rocknak expressed a mix of appreciation for the Council and concerns about the proposed development. He urged reconsideration of the project, noting that his property borders the site. He raised several issues: potential impacts on local wildlife (including nesting ducks), lack of shown improvements like privacy fencing, and concerns about drainage and grading that could worsen flooding on nearby properties. He also questioned the absence of detailed elevation plans and raised safety concerns about an unprotected steep canal near the site. Additionally, he criticized the proposed amenities as inadequate and questioned the project’s benefit to the community. He expressed concerns about construction impacts such as dust, debris, and road conditions, and urged the City to ensure stricter contractor oversight if the project moves forward. Nicole (Last Name unknown): She expressed concerns about safety and site design related to the proposed development. She questioned whether there would be fencing, pathways, or protections for children walking to school near the canal and for kids using nearby amenities like the basketball court. She raised concerns about the risk of children falling into the canal and asked whether safety measures such as fencing would be required. She also asked about snow removal practices and whether snow could be dumped into the canal, potentially affecting drainage and wildlife. Overall, she urged the Council to consider child safety and environmental impacts, especially given the proximity of the canal. Kiri Wilson: Ms. Wilson raised concerns about the design and compatibility of the proposed development with the surrounding neighborhood. She argued that the 20-foot driveway requirement is inadequate for the trucks commonly driven in the area, leading to parking and safety issues similar to those seen in other tight developments. She also contended that the project is not compatible with existing land uses and is significantly more dense than the surrounding neighborhood. While acknowledging that some nearby higher-density developments exist, she said this project is different because it lacks public-facing benefits and instead primarily serves its own residents, which she argued does not meet PUD requirements. City Council Meeting Minutes 15 680 Park Avenue Idaho Falls, ID Ms. Wilson encouraged the Council to deny the application again and added that approving it could lead to legal challenges and negatively impact long-term residents and their property values. Brad Whipple: Mr. Whipple supported approving the development and challenged the argument that prior approvals should require approval in this case, citing a court ruling that upheld denying a project despite similar past approvals. He suggested that some opposition may be based on preserving existing views rather than legal or planning concerns, and noted that most impacts would be borne by future residents of the development rather than current neighbors. He also expressed support for existing infrastructure like the canal and argued that it should not be fenced, saying such features can serve as valuable public amenities. Overall, he argued that the project is a reasonable private development, not required to serve as a broader public good, and should be approved. John Johnson: Mr. Johnson supported the Council’s prior denial of the application and urged them to uphold that decision. He argued that under Idaho law, PUD approvals are discretionary and must be evaluated on their own merits, and that the Council provided valid, evidence-based reasons for denial, including the project’s small size and concerns about street design and traffic impacts. He emphasized that prior approvals of other developments do not create entitlement, since each project is different. He also stated that the application failed to meet all required ordinance criteria, noting that these standards are mandatory and must be fully satisfied. Finally, he acknowledged that the developer still has the right to develop the property under existing regulations, and commended the Council for its prior decision. (Mr. Johnson also provided Council with a handout.) Discussion Summary: Council Concerns About the Project Throughout the discussion, Council members raise several concerns about the proposed development: • Density and zoning compatibility with surrounding R1 neighborhoods • Design and layout issues, including setbacks, narrow drive aisles, and overall site design • Safety concerns, particularly access for emergency vehicles • Whether the project meets the intent of PUD guidelines and neighborhood character expectations Some members suggest the project could be acceptable with modifications, such as reducing density or changing design elements. City Council Meeting Minutes 16 680 Park Avenue Idaho Falls, ID Central Issue: Lack of Clear Standards • The City’s ordinance allows discretionary approval of PUDs using “may” language • However, there is insufficient clarity on the standards guiding that discretion This creates a legal tension: • Without clear standards, decisions risk being seen as arbitrary or capricious • The City attorney raised concern that the ordinance may not comply with Idaho law, which requires clear determining principles for discretionary decisions Redevelopment and Density Debate • The applicant argues the project qualifies as redevelopment, which should be viewed more favorably • The Council debated whether: o The project meets required density standards o The “2-acre” or similar thresholds are sufficient grounds for denial • There was disagreement on whether existing standards are being applied consistently or clearly enough Legal Risk and Decision-Making The City attorney emphasized: • Decisions must be based on defensible legal standards, not fear of lawsuits • If standards are unclear, the City risks: o Legal challenges o Findings that the decision was arbitrary or capricious o Potential liability The attorney referenced case law (e.g., Hill v. Blaine County) reinforcing the need for clear standards guiding discretion. Council Tension: Flexibility vs. Standards Council members expressed differing views: • Some believed: o The City already has enough standards (like density limits) o The denial is justified based on those standards • Others argued: o The lack of clearly defined criteria for PUD approval is a serious flaw o The City may be applying discretion inconsistently There was also concern about whether the Council is adding new reasons for denial beyond the original record. City Council Meeting Minutes 17 680 Park Avenue Idaho Falls, ID Mediation and Alternative Paths • Mediation as a way to: o Open communication with the developer o Identify changes that could make the project acceptable • Reopening the hearing to: o Ask the applicant direct questions o Discuss potential conditions o Allow additional public input The City attorney noted that mediation or direct engagement is the most effective way to collaboratively resolve concerns. Conditions and PUD Flexibility • The City has authority to: o Approve PUDs with conditions • However: o Conditions must be tied to existing code standards o They cannot be arbitrary or based solely on preference This reinforces the need for clear, codified criteria. Procedural Requirements • The Council must issue a written decision within 60 days • The decision must clearly state: o The basis for denial o That the decision is not arbitrary or capricious o That it was made through proper use of discretion Next Steps • A work session is scheduled to: o Refine the formal written decision o Compile Council input into a unified statement • The City attorney will draft the decision, incorporating: o Legal findings o The Council’s majority reasoning o A response to the applicant’s arguments *Mayor recessed the meeting for five minutes to allow for a restroom break. Council was instructed to not discuss the appeal. Motion: Deny the appeal on the basis that this is a resolvable issue through mediation (and highly recommend it). o Moved by: Councilor Francis o Second: Councilor Lee City Council Meeting Minutes 18 680 Park Avenue Idaho Falls, ID o Vote: Aye: Francis, Dingman, Lee. Nay: Radford, Freeman. o Motion carries. 6. Announcements • During the Light the World Giving Machines campaign, the cities of Idaho Falls, Pocatello, and Rexburg raised $3 million in just four weeks. • These three Eastern Idaho communities accounted for 14% of all donations worldwide in the campaign. • Over 100,000 people contributed during that time. • The funds supported both local and international charities, including donations like thousands of soccer balls and other aid items. • Remarkably, these smaller cities outperformed major metropolitan areas such as New York City, Los Angeles, and Denver—trailing only Salt Lake City and Orem in total giving. There being no further business, the meeting adjourned at 10:22 PM. /s/ Jasmine Marroquin________________ /s/ Lisa Burtenshaw _____________ Jasmine Marroquin, Deputy City Clerk Lisa Burtenshaw, Mayor Good evening, Council Members. My name is Jon Johnson, and I ama citizen of the City of Idaho Falls. Iam here to support the Council’s denial of the BHH PUD application, and I want to address the reconsideration request. First, under Idaho law, PUD approvals are discretionary. The Idaho Supreme Court made this clear in Krempasky v. Nez Perce County Planning & Zoning, 150 Idaho 231, noting that the Council has the right to evaluate each application on its merits. In Hill v. Blaine County (2024), the court defined an arbitrary action as one that is done “without a rational basis”. Two distinct, rational, and legally sound bases for denial were given. Under 2 acres, does not meet redevelopment criteria as intended by the ordinance Streetscape would be dominated by parked vehicles and garage entrances Second, the Council identified legitimate grounds for denial. The sub-2-acre size and streetscape design concems are valid planning considerations. The ordinance gives the Council discretion to weigh these factors. The Council's decision was supported by substantial evidence in the record, including the site plan showing garage-dominated streetscape and testimony from neighbors about traffic concerns Third, prior approvals of smaller PUD’s don’t create entitlement. Each project has unique characteristics. The applicant hasn’t shown these prior PUD’s were materially identical to this one. The Skyline Manor PUD variance was to reduce the setback. Their overall density remained well below the per-acre maximum. https:/Awww.idahofallsidaho.gov/AgendaCenter/V iewFile/Item/1508?file|D=29749 The Skyline Manor Division 2 asked for a reduction in rear yard setbacks for a limited number of units. Amenities offered include a pedestrian sidewalk connecting to the City’s riverwalk system and Pancheri Drive, as well as a playground area. hitps:/'www.idahofallsidaho.gov/A gcndaCenter/V iewFile/Iteny/1508? file] D=29749 The Anderson Townhomes PUD requested Greater rear-yard setback. Private-street landscape buffer reduction Individually platted landscape buffer reduction Amenities included a pickleball court, gazebo, dog park and enhanced landscaping The Cleveland Street Area PUD requested Reduced setbacks Modified lot dimensions Change in orientation from traditional frontage It did not offer any physical amenities for construction. None of these PUD’s that were previously granted are materially identical to this PUD request. Finally, the “manufactured standards” argument missed the point. The Council can establish reasonable interpretations of ordinance requirements. That is part of the planning role. Under Idaho Code § 67-6535, 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, meaning all must be satisfied. The applicant cannot argue that satisfying eight intents cures the failure of the ninth I respectfully request that the Council uphold its original decision. Thank you!