City of Idaho Falls | minutes | meeting 2025-09-08 | City Council Work Session with Executive Session
source: https://www.idahofallsidaho.gov/AgendaCenter/ViewFile/Minutes/_09082025-2017

City Council Work Session 680 Park Avenue
Idaho Falls, ID 83402

ETE Meeting Minutes

Monday, September 8 2025 3:00 PM City Council Chambers

Call to Order and Roll Call
There were present:

Mayor Rebecca L. Noah Casper Council President Lisa Burtenshaw
Councilor Michelle Ziel-Dingman (/eft at 6:05 pm) Councilor Jim Freeman
Councilor Jim Francis Councilor Kirk Larsen

Councilor John Radford (arrived at 3:30 pm, participated in all agenda items after the appeal)

Also present:

Alexander Kingsbury, Appellant Wade Sanner, CDS Director

PJ Holm, Parks and Recreation Director Katie Barry, IF Zoo General Curator
David Pennock, IF Zoo Director Zach Jones, Interim City Attorney
Jacob Beck, Assistant City Attorney Emily Geisler, City Clerk

Mayor Casper called the meeting to order at 3:03 p.m. with the following items:

Community Development Services & Legal — Appeal of Interpretation or Administration

(Presenters Director Sanner, Attorney Beck)

Hearing Setup & Legal Standards
The City Council held a quasi-judicial hearing on appellant Alexander Kingsbury’s appeal of a Board of Adjustment
(BOA) decision. The Mayor outlined procedures: 15 minutes for the appellant, 15 minutes for staff (split between
Director Wade and Assistant City Attorney Beck), a 5-minute rebuttal, unlimited Council Q&A, and deliberation.
The final written decision (“reasoned statement”) would be issued later.

City Attorney Zack Jones reminded Councilors they must base their decision solely on the established
record. The appellant bears the burden to prove BOA error. BOA’s factual findings stand unless clearly erroneous;
legal interpretations are reviewed de novo. Council could (1) uphold, (2) reverse, or (3) remand with instructions.

Appellant’s Arguments (Mr. Kingsbury)
e His yard contains alfalfa, not weeds; he maintains it carefully and considers it both ornamental and
environmentally beneficial.
e BOA originally found no weed violation but he was later cited for agricultural use in an R-1 residential
zone.
e Claimed the zoning code allows growing “food for man or beast” and his alfalfa qualifies, since it is used
non-commercially for animals kept by a resident.
e  Asserted he is being singled out, as many neighbors grow gardens and fruit trees.
e Invoked the Idaho Right to Farm Act, arguing it protects agricultural activity, whether gardening or
farming.
e Criticized the process:
o Appeal filing requirements were vague, yet he was told to resubmit without clear guidance.
o Paid a$150 fee, which he called unfair.
o Said the City Clerk directed him to appeal with another department instead of their office.
e Alleged BOA members made irrelevant or prejudicial comments.

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e Maintained that alfalfa can be considered ornamental and aesthetically pleasing.
e Stressed he does not want conflict—only the freedom to maintain his yard.

City Staff & Legal Response
e Timeline:
o May 6: weed violation issued after 3 anonymous complaints.
May 16: Kingsbury appealed; BOA said alfalfa wasn’t ornamental but agricultural.
June 8: zoning violation issued (agriculture not allowed in R-1).
July 14: BOA upheld violation, rejecting Right to Farm argument.
Aug. 13: BOA finalized reasoned statement.
Aug. 27: Kingsbury appealed, but his appeal filing lacked legal objections.
e¢ Community Development (Mr. Sanner): R-1 zoning is strictly residential; agricultural uses are defined but
not permitted. The neighborhood has been urban since the 1960s, not annexed farmland.
e Assistant City Attorney Beck:
o Kingsbury’s appeal was procedurally deficient for lack of specific objections.
o Right to Farm Act protects existing farmland from nuisance claims when cities expand, not new
agricultural activity in urban residential zones.
o Allowing such claims would undermine zoning codes entirely.
Council Questions & Rebuttal
e Councilor Francis asked about permitted plantings (e.g., tomatoes vs. alfalfa). Beck explained gardens are
accessory uses, while converting an entire yard to alfalfa is a primary agricultural use.
e Councilor Freeman asked about the 10-inch weed ordinance. Beck clarified: alfalfa under 10 inches may
comply with weed rules, but it still violates zoning.
e Councilor Larsen noted appeals must cite specific errors, which Kingsbury’s did not.
Rebuttal (Kingsbury):
e Restated that Right to Farm applies broadly, not just to long-standing farmland.
e Pointed to inconsistencies in how agriculture is defined (why allow tomatoes but not alfalfa?).
e Said BOA’s vague reasoning made it impossible to draft a more specific appeal.
e Alleged procedural errors by City staff.
e Emphasized his non-commercial use and ornamental view of alfalfa.
e Noted they now harvest by hand for feed.
Some Councilors raised concerns about whether he received all required BOA documents; staff later confirmed he
was emailed the July 14 Reasoned Statement on August 15.

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Council Deliberation & Decision
e Councilors confirmed only the July zoning decision was on appeal (the earlier weed violation was settled).
e Larsen emphasized the appeal’s procedural shortcomings.
e Francis stressed zoning rules exist to protect the integrity of R-1 districts, not individual preference.
e Freeman stated the Right to Farm Act does not apply and highlighted the duty to respond to complaints.
e Other Councilors concurred: agricultural use in R-1 violates zoning and is not protected.
Next Steps:
City Attorney will draft the Council’s written decision. Mayor requested staff ensure Kingsbury is properly
informed of further appeal rights and noted the Council may later review broader policy issues raised by the case.

Motion: Uphold/sustain the decision of the Board of Adjustment made in their second hearing July 14""
and the reasoned statement presented August 13".

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Moved by: Councilor Francis

Second: Councilor Freeman

Vote: Aye: President Burtenshaw, Dingman, Francis, Freeman, Larsen. Nay: none.
Motion carries.

Executive Session: 4:24 pm — 5:04 pm

Motion: Move into Executive Session called pursuant to the provisions of Idaho Code Section 74-206(1)(f)
to communicate with legal counsel for the public agency to discuss the legal ramifications of and legal
options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated.
The mere presence of legal counsel at an executive session does not satisfy this requirement.

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Moved by: Councilor Francis

Second: Councilor Larsen

Vote: Aye: President Burtenshaw, Dingman, Francis, Freeman, Larsen. Radford Nay: none.
Motion carries.

There were present: Mayor Casper, Council President Burtenshaw, Councilor Dingman, Councilor Freeman,
Councilor Francis, Councilor Larsen, Councilor Radford, Interim City Attorney Zach Jones, Chief Bryce Johnson,
Director Chris Canfield, Director PJ Holm, Christopher Meyer — Partner at Givens Pursley LLP (via Zoom).

After returning, the Mayor directed Assistant City Attorney Beck to outline the reasoned statement
affirming the BOA decision in the Kingsbury zoning appeal.
Key points for inclusion:

Kingsbury was twice invited (including by Aug. 15 email) to resubmit his appeal with legal
objections but did not.

Councilors affirmed the BOA correctly interpreted zoning: alfalfa in R-1 is an agricultural use, not
an accessory garden.

Councilors reiterated the Right to Farm Act protects existing farmland from nuisance claims in
urbanizing areas, not new agriculture in residential zones.

The property has been zoned R-1 since the 1960s; agricultural use is not permitted.

Multiple complaints were received and could not be ignored.

No fines were issued, as compliance opportunities are normally given first.

Claims of being targeted or attacked were acknowledged but not substantiated; the BOA properly
distinguished between gardens and agricultural operations.

The Mayor noted any broader policy discussions (e.g., affordable housing goals) would be deferred to a
future work session due to time constraints.

Community Development Services - Update: National Electrical Code: (Director Sanner)

Mr. Sanner briefed the Council on an upcoming update to the state electrical code.

The State of Idaho adopted the 2023 Electrical Code (replacing the 2017 version) effective July 1.

The City must update its zoning/code references to align, which will appear as a small edit on Thursday’s
agenda.

Outreach has already occurred through the state and local inspectors, and most contractors are aware.

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e The City will also send updates in its newsletter and hold contractor training in October.

e The update mainly modernizes standards for materials, such as conduits, with no major concerns
reported.

e Enforcement: It will apply only to new submittals after Council approval, not projects already under
review. The state allows municipalities to delay enforcement until January 1, but Director Sanner
recommends immediate enforcement for new applications.

Parks and Recreation - Update: Association of Zoos & Aquariums (AZA) inspection process and upcoming

accreditation hearing (Director Holm, Katie Barry, David Pennock
The Idaho Falls Zoo is in the middle of its five-year AZA accreditation process, which includes a lengthy
application, a three-day on-site inspection, and an upcoming hearing before a 12-member commission in Florida.
Accreditation is prestigious—fewer than 10% of U.S. zoos meet AZA’s highest standards—and critical for animal
exchanges, breeding programs, and credibility.
Positive Feedback from Inspectors
e Strong maintenance department and new administration building.
excellent education and conservation programs (e.g., Quarters for Conservation).
e Enthusiastic, professional staff.
e Regular animal welfare meetings and improved tortoise/penguin facilities.
Major Issues Addressed

e Penguin pool filtration — now installed, saving water and improving care.

e Tortoise housing — expanded indoor space with better heating, lighting, and pools.
New Concerns Identified

e Primate housing — an unexpected gibbon family separation created two groups, limiting rotation space.
Zoo must present a management plan, not an immediate rebuild. Staff are considering relocation or
phasing of species through AZA’s Species Survival Plan (SSP), which governs animal breeding and transfers
to maintain genetic diversity.

e Veterinary coverage — inspectors asked for more access. Contract vet currently visits weekly (above AZA
minimum). The zoo will expand to three days per week and improve communication with relief vets using
detailed handoffs and the ZIMS system.

Lesser Concerns Resolved

e Flamingo barn expanded and improved.

e Otter exhibit modified to fix escape issues; otters now have 24/7 indoor/outdoor access.

e Enrichment & training plans are better documented with calendars and review committees.

e Staffing — filling an open keeper position and requested an additional FTE in the budget.

e Maintenance plan — detailed CIP submitted.

e Medication tracking improved; national shortages noted.

e Veterinary equipment — inspectors suggested a large-animal anesthesia machine ($30—50k). Zoo argued
it’s rarely needed, and nearby clinics have equipment; confident defending this decision.

Community & Council Discussion

e Staff expressed confidence going into the hearing and pride in the zoo’s reputation as “the best zoo in the
West.”

e Councilors highlighted the zoo’s value to the community and importance for youth engagement.

e Concerns raised by a citizen about lion safety protocols were reviewed by AZA and dismissed as non-
issues.

Attendance & Finances
e Year-to-date attendance is slightly ahead of last year.
e Revenues significantly higher due to adjusted fees.
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e Funland attendance slightly down but overall strong numbers.
Next Steps
e Accreditation hearing will be held on Sunday; a decision will be made immediately after.
e Zoocontinues preparing for fall events, including “Boo at the Zoo” and nighttime programs.

Mayor’s Office - Review: Economic Development Incentive with addition of Affordable Housing Options.

Motion: Move that we postpone the agenda item for affordable housing to a future work session.
o Moved by: Council President Burtenshaw
o Second: Councilor Radford
o Vote: Aye: President Burtenshaw, Dingman, Francis, Freeman, Larsen, Radford. Nay: none.
o Motion carries.

Mayor and Council: Calendars, Announcements, Events, Reports, Updates, Concerns, Questions, Proclamations,

Notes or Minutes from Boards and Commissions:

Mayor Casper

e Calendar & Sister City Visit
o Shared a full calendar of upcoming events; asked Council to note errors.
o Sister City delegation visit is next; details on times/locations will be confirmed.
o Councilors can attend events beyond opening/closing if desired; may need own transportation.
o Atclosing event, small gift exchanges are customary but optional.

e Reminders
o Open enrollment for employee benefits closes Friday.

e Community
o  Policeman’s Ball fundraiser (supports Domestic Violence & Sexual Assault Center) will be held at

the Westbank Events Center.

o American Airlines Chicago route will be seasonal again next year and starting earlier in May.

e Upcoming Council Agenda
o Thursday’s meeting has 17 items, but only one quasi-judicial.
o Mayor noted concerns about too few items on the consent agenda compared to past practice.
o Suggested revisiting “agenda diet” principles to streamline meetings.

e Records & Transparency
o Discussion about searchable records—county tools, Microsoft Copilot, CityWorks, Granicus.
o Discovered that City livestream video transcripts are searchable by keyword, though accuracy

depends on transcription quality.

Council President Burtenshaw — nothing at this time.
Councilor Francis — nothing at this time.
Councilor Freeman —

e Recognized the upcoming 9/11 anniversary.

e Firefighters and police are participating in a 110-story stair climb challenge (Sept. 1-11) using the Busch
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e Ammon will dedicate a 9/11 memorial at its fire station on Sept. 11 at 7:30 p.m., supported by the Heroes
Defense Fund.
e Noted that next year a ceremony will be held locally to mark the 25" anniversary.

Councilor Larsen —

Water Tower Project

e Progress is mostly on schedule, though coordinating specialty contractors has caused logistical challenges.

e Tank remains empty; lighting design highlights logos rather than full tower for cost and light sensitivity
reasons.

Community Celebration (additional comments from Mayor Casper)

e Planned for October 10 as a community event, regardless of construction timeline.

e Originally intended to align with filling or demolition of the old tower, but scheduling delays mean those
milestones may not coincide.

e Demolition item is on the upcoming Council agenda, though bids have been limited.

Councilor Radford

e Added comments during Councilor Freeman’s updates on 9/11 activities/ceremonies

e The Farmer’s Market is highly successful, drawing 5,000-6,000 visitors each Saturday. Nonprofits, including
City departments (e.g., Police, Parks & Rec, Library), can host an information booth for $10 per Saturday (as
long as nothing is sold or donations solicited). This provides a valuable outreach opportunity to share
services, promote programs (like youth hockey sign-ups), or engage with the community. Radford
suggested it could even be used by Councilors for public interaction and the Mayor noted that the City
might consider updating its public outreach tools to include this kind of booth presence.

There being no further business, the meeting adjourned at 6:32 PM

Lisa Burtenshaw, Mayor Pro Tem