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City Council Work Session

minutes meeting date 2026-05-04 · fetched 2026-09-17 · 22440 characters · official file · plain text

City Council Work Session
Meeting Minutes

680 Park Avenue
Idaho Falls, ID 83402
Monday, May 4, 2026
3:00 PM
City Council Chambers

Call to Order and Roll Call
There were present:
Council President Jim Francis (Mayor Pro Tem)

Councilor Michelle Ziel-Dingman
Councilor Jim Freeman

Councilor John Radford
Councilor Brandon Lee (Arrived at 3:13 PM)

Absent:
Mayor Lisa Burtenshaw

Councilor Kirk Larsen

Also present:
Pam Alexander, Municipal Services Director

Margaret Wimborne, Chief of Staff
PJ Holm, Parks and Recreation Director

Lee Washburn, Parks and Recreation
Josh Stevens, Parks and Recreation

Wade Sanner, CDS Director
Cody Gordon, City Building Official

Chris Canfield, Public Works
Lisa Farris, ADA Compliance/Grants

Zack Jones, City Attorney
Jasmine Marroquin, Deputy City Clerk

Mayor Pro Tem Francis called the meeting to order at 3:01 p.m. with the following items:

Mayor, City Council – Discussion: Citywide updates, concerns, questions, reports:
•
Mayor Pro Tem Francis:
•
RV parking ordinance: After reviewing a resident request to extend the 48-hour street parking limit
for RVs, code enforcement indicated they are comfortable with the current rule and do not
recommend changes. Enforcement is typically complaint-driven and not overly strict in practice.
•
Code enforcement communication: Concerns were raised about the tone of some enforcement
letters (e.g., on Jefferson Street). Staff are proactively reviewing and working to improve those
communications.
•
Ongoing ordinance work: A major update to the alcohol ordinance is in progress, with a tentative goal
to bring it to the Council for initial review around June 1.
•
Public meeting preparation: Anticipating significant public attendance regarding Jefferson Street
issues, Council leadership may prepare a statement to address concerns upfront.
•
Budget schedule: Council members were reminded to ensure they have the budget schedule, with
copies available if needed.
•
Council procedures: There was discussion about tightening meeting procedures—specifically
returning to a more structured system where Council liaisons handle motions and seconds—to
improve clarity and flow, while balancing concerns about being overly rigid.
•
Overall, the announcements focused on maintaining current policies, improving communication and
processes, and preparing for upcoming Council work and public engagement.

City Council Work Session
Meeting Minutes

680 Park Avenue
Idaho Falls, ID 83402
•
Councilor Radford - shared informal updates and discussion about the City Council’s presence at the local
farmer’s market:
o Positive turnout and experience: The market was busy, pleasant, and provided good opportunities
for conversations with residents and even City employees.
o Visibility challenges: Their location and signage didn’t attract as much foot traffic as hoped,
making it harder for people to recognize or approach them.
o Future improvements: They plan to explore becoming a more integrated part of the farmers
market (possibly getting a better spot), improve signage, and create a more recognizable setup
(e.g., branded tent/backdrop).
o Outreach materials: Ideas included handing out brochures, trail maps, and other department
materials, along with simple giveaways like stickers to engage the public.
o Staffing plans: Council members will continue rotating presence at the market, with potential
involvement from department directors later in the summer once budget work settles down.
o Ongoing refinement: The approach will be adjusted week by week to improve engagement and
effectiveness.

•
Councilor Freeman - shared a few brief announcements focused on upcoming parks-related events:
o Meppen Park Community outreach meeting: Scheduled for May 12, with setup at 5:00 p.m. and
the main event from 6:00–7:30 p.m. at the park site. The goal is to gather public input on how a
planned 9-acre park should be developed. Outreach efforts will include neighborhood flyers and
possible student involvement through CEA.
o Sod-laying event: A community “sod laying party” is planned for June 2 (near Ryder Park), pending
completion of irrigation work. Similar past events have been well received.
o Overall, the announcements emphasized public involvement in park planning and upcoming
opportunities for community participation.

•
Councilor Dingman - announced that early voting has begun for the upcoming election:
o Early voting is underway at the Bonneville County Elections office on Capital.
o She noted that voting was quick and efficient, taking only a few minutes.
o She reminded everyone that the primary election is on May 19, with early voting available for a
couple of weeks beforehand.

Municipal Services, Parks & Recreation - Review & Approval: Purchase and Sale Agreement Extension Request
Received for the Bel Aire Division No. 3 Property (Director Alexander and Director Holm)
•
The property had previously gone unsold, so the City moved to an open-market process and accepted
Clearstone’s letter of intent, with a $2 million agreed sale price.
•
After an initial 30-day extension (pushing the closing to May 9), the developer is now requesting up to
two additional 55-day extensions, each requiring a $10,000 nonrefundable deposit.
•
If both extensions are used, the closing would move to August 31.
Reason for delay:
•
The property is difficult to develop (“funky” layout, split parcels, utility constraints).
•
The developer is reworking plans (originally townhomes) to address these issues.
Council discussion highlights:
•
Extensions with non-refundable deposits are considered standard practice.
•
If the developer backs out, the City could retain up to $30,000.
•
Some concern was raised about delaying too long and potentially missing favorable market timing.

City Council Work Session
Meeting Minutes

680 Park Avenue
Idaho Falls, ID 83402
•
A nearby property (former Coca-Cola site) going up for sale could increase the area’s value and
interest.
•
The broker recommended approving both extensions now to avoid repeated Council approvals.

Motion: Approve the extension request (from Clearstone, LLC) and authorize the Mayor and City Clerk to
sign the necessary documents
o
Moved by: Councilor Freeman
o
Second: Councilor Lee
o
Vote: Aye: Francis, Dingman, Freeman, Lee, Radford. Nay: none.
o
Motion carries.

Parks & Recreation - Discussion: Proposed Tree Ordinance Changes (Director Holm, Lee Washburn)
The City’s Parks and Recreation department presented a comprehensive overhaul of the tree ordinance,
describing it as a long-term effort (over a year in development) that began with the Shade Tree Committee and
evolved into a broader rewrite involving staff, legal review, and Council input.

Purpose and philosophy of the ordinance
The updated ordinance is grounded in a stronger articulation of why trees matter to the community. The
“whereas” section is significantly expanded to emphasize that trees are critical urban infrastructure,
providing:
•
Improved air quality, oxygen production, and stormwater control
•
Reduced heat island effects and energy costs
•
Economic benefits such as higher property values and commercial activity
•
Public health and safety benefits, including crime reduction and traffic calming
•
Cultural and historical value, including recognition of local tree-planting traditions and community
contributors
It also frames trees as part of long-term civic stewardship, reinforcing the importance of maintaining and
expanding the urban forest.

Structural and technical updates
Staff explained that the ordinance is largely a rewrite and modernization, including:
•
Updated formatting, grammar, and alignment with other ordinances in the City Code
•
Adoption of national forestry standards (e.g., tree class system replacing “small/medium/large”)
•
Revised definitions and clearer terminology
•
Updated planting lists and restrictions (including discouraging ash trees due to emerald ash borer risk)
•
New requirements for vegetation around utilities and visibility standards for traffic signs
•
Clarified responsibilities for maintaining trees in public right-of-way areas
The City also acknowledges emerging threats (like ash tree loss) and the need for proactive species planning.

Design standards, development, and infrastructure conflicts
A major portion of the discussion focuses on how trees interact with development and infrastructure:
•
Debate over whether planting strips should be wider to support larger canopy trees
•
Recognition that larger trees provide major benefits (shade, pavement longevity, energy savings)

City Council Work Session
Meeting Minutes

680 Park Avenue
Idaho Falls, ID 83402
•
Concerns about root damage to sidewalks and utilities, with structural soil presented as a possible but
costly solution
•
Criticism that current development review often focuses on tree counts rather than appropriate
species selection and placement
•
Real-world examples show past projects where incorrect tree choices led to poor canopy outcomes
and costly replacements
Staff acknowledge the need for more rigorous review to ensure “right tree, right place” outcomes.

City authority, enforcement, and responsibility
The ordinance clarifies that the City has authority over trees in the public right-of-way, including the ability to
plant, maintain, or remove them. However, enforcement is largely practical and resource-limited:
•
Most enforcement is complaint-driven
•
Staff respond to hazards like blocked stop signs or visibility issues when necessary
•
Property owners remain responsible for maintaining adjacent vegetation
•
There is discussion of liability if obstructed signage contributes to accidents
•
Code enforcement penalties are debated, with some concern about fairness and consistency
•
A suggestion was raised that successful appeals should potentially result in fee refunds for consistency
across ordinances
There was also discussion about whether the City should contract out more maintenance work, similar to
other municipalities.

Funding, staffing, and operational capacity
•
The City forestry and horticulture division manages a large workload (thousands of trees, flower beds,
hanging baskets, and topiaries) with only four full-time staff
•
Staff are acknowledged as highly capable but stretched thin
•
Potential solutions include:
o
Volunteer programs (tree captains or “friends of trees”)
o
Partnerships with recovery programs for workforce training
o
Pursuit of federal grant funding for urban forestry expansion
•
The ordinance itself does not significantly increase workload, but long-term goals will require additional
resources

Long-term goals and new policy ideas
Two major policy concepts were introduced:
1. Urban canopy goal
•
Proposal for an aspirational 15% canopy target (current level ~11%)
•
Framed as non-binding but intended to guide planning and investment decisions
•
Council appears generally supportive
2. Heritage tree protection
•
Proposal to designate significant or historic trees as “heritage trees” requiring permits for removal
•
Intended to protect large, old, or culturally important trees from unnecessary loss
•
Example concerns include past removal of mature natural stands and landmark trees
•
Debate centers on balancing preservation with private property rights and development needs
•
Possible compromise includes mitigation requirements or case-by-case review rather than strict
prohibitions
•
The idea was left for further refinement in future work sessions

City Council Work Session
Meeting Minutes

680 Park Avenue
Idaho Falls, ID 83402
Additional clarifications
•
Minor technical corrections were made (e.g., engineering “vision triangle” language alignment)
•
City coordination between Parks, Public Works, Code Enforcement, and Police will be emphasized for
hazard response
•
Public education efforts (especially seasonal tree-trimming reminders) are recommended to reduce
recurring issues like blocked signage

Community Development Services
1. Discussion: Certificate of Occupancy & Stop Work Ordinance (Director Sanner, Cody Gordon)
This presentation covered a proposed update to City code focused on strengthening building code
enforcement, specifically around occupancy and construction compliance. It was intended for discussion
only and not scheduled for formal action on Thursday.

The building department explained two main recurring problems:
1. Buildings being occupied without a Certificate of Occupancy (CO)
o
Some builders or owners allow people to move into buildings before final inspections are
complete.
o
The ordinance would require a posted “Do Not Occupy” notice and establish escalating
penalties: daily infractions, then potential misdemeanor charges after repeated
violations.
o
The goal is to ensure buildings are safe (fire systems, exits, inspections complete) before
use.
o
Council raised concerns about penalizing uninformed occupants, with discussion leaning
toward targeting responsibility primarily on builders/permit applicants and clarifying
“knowing” violations.
2. Construction occurring without required permits or after stop-work orders
o
Many projects begin without permits and stop-work orders are sometimes ignored.
o
The proposal requires violators to apply for permits within a set timeframe or face
escalating infractions and eventual misdemeanor penalties.
o
The system is designed to create real consequences while still encouraging compliance
rather than purely punishing.

Council discussion focused on refining fairness and clarity:
•
Ensuring penalties target the responsible party (typically the builder/property owner, not
unaware occupants).
•
Considering clearer language like “knowingly” violating requirements.
•
Discussing whether escalation to misdemeanor is appropriate or too fast.
•
Suggestions were made to improve communication at permit application (requiring
acknowledgment/initials).
•
Questions were raised about when permits are required, inspection processes, and how intrusive
testing or corrections might be.
Additional points:
•
The ordinance includes authority for injunctive relief and possible removal of occupants in serious
safety cases (e.g., gas leaks or unsafe structures).
•
Staff emphasized this reflects an escalation framework already used as policy but now being
formalized in ordinance form to give it legal “teeth.”

City Council Work Session
Meeting Minutes

680 Park Avenue
Idaho Falls, ID 83402
•
The Fire Marshal may be explicitly included alongside the Building Official in determining safety-
related actions.
•
The item will be revised based on feedback and brought back for further review at a future work
session.

2. Report: 2025 HUD Consolidated Annual Performance & Evaluation Report (Director Sanner, Lisa Farris)
The report will:
•
Be presented with a PowerPoint at the hearing on Thursday.
•
Show HUD how the City spent its 2025 planning-year funds
•
Function as a performance review of how federal housing and community development money
was used
It was clarified that this report is part of a larger planning structure:
•
The 2025 report closes out the previous five-year plan cycle
•
A new consolidated plan cycle is beginning (2023 forward)
•
Separate community surveys (community development and fair housing) recently closed and are
being used to inform future planning
•
Another related presentation (the 2020 annual action plan update) will come back later as part of
the broader consolidated planning process
The Council confirms this is not the public hearing where nonprofits present funding requests—instead, it
is a retrospective report showing outcomes, including before-and-after results.

Public Works - Discussion: Joint Powers Agreement for Bonneville Metropolitan Planning (Chris Canfield)
Discussion regarding proposed amendment to the Bonneville Metropolitan Planning Organization (BMPO) Joint
Powers Agreement to allow non-voting ex-officio (or ex-post facto) subject matter expert participation on the
MPO policy board.
•
The change arose from public input during long-range transportation planning, particularly discussions
about major roadway changes (including 65th South and 81st South) and possible high-capacity road
designations.
•
During those public meetings, staff realized that having technical experts available during policy
discussions would improve clarity and responsiveness to public questions.
•
Currently, only policy board members can respond during meetings, which limits technical clarification
when issues arise.
•
The amendment would allow non-voting subject matter experts (such as staff like Austin Black or others)
to be present at meetings, provide input, and answer questions.
•
These members would be ex officio/non-voting, preserving decision-making authority with elected
officials.
•
The agreement also includes a safeguard allowing any member entity to remove an appointed expert at
any time.
•
The change requires approval from all participating entities (City, county, City of Iona, ITD, and others
involved in the BMPO joint powers agreement).
•
The item is scheduled as a consent agenda item, authorizing the Mayor to sign the amended agreement
documents.
•
Officials noted it is a relatively simple legal amendment designed to improve public engagement and
technical responsiveness without changing voting structure or governance authority.

City Council Work Session
Meeting Minutes

680 Park Avenue
Idaho Falls, ID 83402

Legal, Police - Discussion: Draft Ordinance Prohibiting the Sale of Kratom
•
Council member Lee proposed tabling the ordinance discussion so all key decision-makers, including
Council Member Larson and the Mayor, could be present for a fuller discussion.
•
There was agreement that the issue is significant and controversial enough to warrant broader input,
including testimony from additional stakeholders such as medical or public health professionals (possibly
including the coroner) and several community/state-level experts.
•
Council members emphasized the need to hear from multiple informed voices who have studied the issue
extensively before forming final opinions.
•
Some concern was raised about repeating or fragmenting discussion across multiple meetings, with
preference expressed for one consolidated, well-attended public discussion.
•
Councilors agreed that public input is substantial and split, with more support for a ban than opposition
based on emails received, though views vary and include both emotional and reasoned arguments.
•
There was consensus that the item should not proceed to the Thursday agenda and instead be
rescheduled.
•
The suggested direction was to bring it back within the next two work sessions, allowing time to
coordinate expert participation and public testimony.
•
Council also discussed inviting specific individuals and ensuring stakeholders are formally notified so the
discussion is more complete and organized when it returns.

Motion: Table the discussion on the proposed kratom ordinance until one of the next two upcoming work
sessions in order to invite experts to attend and provide testimony.
o
Moved by: Councilor Lee
o
Second: Councilor Radford
o
Vote: Aye: Francis, Dingman, Freeman, Lee, Radford. Nay: none.
o
Motion carries.

Mayor Pro Tem - Announcements, Events, Calendaring, Proclamations, Notes and/or Minutes from Boards and
Commissions
•
Cinco de Mayo celebrations were highlighted, including a well-attended local event over the weekend and
another celebration at Fort Hall, both of which had strong turnout and festive participation.
•
“May the 4th Be With You” / Idaho Gives kickoff was noted, encouraging participation in statewide
nonprofit fundraising through IdahoGives.org and recognizing the impact of local charitable organizations.
•
The Snake River Animal Shelter adoption event is scheduled for tomorrow, sponsored by Costa Vida,
featuring pets (including puppies) and family-friendly activities tied to Cinco de Mayo.
•
The Downtown Development Corporation annual meeting will be held tomorrow at 6:00 p.m. at the
ARTitorium.
•
The Idaho Falls Football Club soccer tournament is happening this weekend, bringing around 230 teams
from five states. It includes a large “shootout” event, barbecues serving thousands, and a community
invitation for Council members to attend Friday evening (5–7 p.m.).

City Council Work Session
Meeting Minutes

680 Park Avenue
Idaho Falls, ID 83402
Executive Session:

Motion: Called pursuant to Idaho Code 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. Council will reconvene after.
o
Moved by: Councilor Radford
o
Second: Councilor Freeman
o
Vote: Aye: Francis, Dingman, Freeman, Lee, Radford. Nay: none.
o
Motion carries.

There were present: Mayor Pro Tem Francis, Councilor Dingman, Councilor Freeman, Councilor Lee, Councilor
Radford, Attorney Jones.

Start: 5:26 PM
End: 5:35 PM

Legal – Discussion (after Executive Session discussion): Potential Settlement Terms with Oloff Revocable Trust in
Cutler v. City of Idaho Falls, CV10-23-4845

Motion: Move to authorize the City Attorney to negotiate a settlement with the Oloffs and the City
agreeing to be bound by the results of the litigation with the other parties, pursuant to Culter vs. City of
Idaho Falls.
o
Moved by: Dingman
o
Second: Lee
o
Vote: Aye: Francis, Dingman, Freeman, Lee, Radford. Nay: none.
o
Motion carries.

There being no further business, the meeting adjourned at 5:40 PM

/s/ Jasmine Marroquin_____________

/s/ Jim Francis _____________
Jasmine Marroquin, Deputy City Clerk

Jim Francis, Mayor Pro Tem

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