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minutes meeting date 2026-07-27 · fetched 2026-10-18 · 23586 characters · official file · plain text
City Council Work Session Meeting Minutes 1 680 Park Avenue Idaho Falls, ID 83402 Monday, July 27, 2026 3:00 PM City Council Chambers Call to Order and Roll Call There were present: Mayor Lisa Burtenshaw Council President Jim Francis Councilor Michelle Ziel-Dingman Councilor Jim Freeman Councilor Kirk Larsen Councilor Brandon Lee Councilor John Radford Also present: Wade Sanner, CDS Director Cody Gordon, CDS Building Official Scott Grimmett, Fire Marshal Bryce Johnson, Police Chief Pam Alexander, Municipal Services Director Brooks Slyter, Assistant Finance Manager Zack Jones, City Attorney Linda Lundquist, City Clerk Mayor Burtenshaw called the meeting to order at 3:05 p.m. with the following items: CDS, Library - Presentation & Discussion: Proposal regarding the old Ferrell’s Building and the Idaho Falls Public Library: Motion: Moved to remove the first item on the agenda and table indefinitely the item regarding the Old Ferrell's Building and the Idaho Falls Public Library. o Moved by: Councilor Francis o Second: Councilor Dingman o Vote: Aye: Francis, Dingman, Freeman, Larsen, Lee, Radford. Nay: none. o Motion carries. Reasoning: The presentation provided to the Council differed from the one previously presented to the Library Board. The Library Board would meet again with staff and the legal department to clarify the proposal, including unresolved questions regarding land, lease, and responsibilities. Mayor, City Council – Discussion: Citywide updates, concerns, questions, reports: • Mayor Burtenshaw o Reminded the Council of a special City Council meeting on August 6 at 7:00 p.m., which will be devoted solely to the Willow Place reconsideration of the appeal. o Explained that meeting materials would be distributed midweek to allow Council members time to review them. o Clarified that the matter is quasi-judicial and that the special meeting is necessary to meet required timelines, rather than combining it with the August 13 budget hearing or other scheduled public hearings later in the month. o Announced a new agenda item that will appear before Public Comment on future Council agendas, allowing department directors to: City Council Work Session Meeting Minutes 2 680 Park Avenue Idaho Falls, ID 83402 ▪ Provide updates on solutions or actions taken in response to issues raised during previous public comments. ▪ Inform the Council and the public about upcoming issues or initiatives. ▪ Emphasized that the new agenda section is not intended for debating public comments, but rather to keep the public informed about how concerns are being addressed and to provide proactive updates from staff. • Council President Francis • Explained his intent to separate the server training requirement from the broader alcohol ordinance so it can be adopted more quickly while other elements in the ordinance are still being considered and explained that this would allow the Police Department to provide the free server training to businesses before the holiday season. • Proposed discussing the amendment at the August 10 work session with a vote on August 27, giving the Council and Legal Department time to review and refine the language. • Mayor Burtenshaw clarified that the change would apply only to server training requirements (employees of the alcohol license holders) and not to the alcohol license holder’s businesses. • Reported that he and Council Member Michelle Ziel-Dingman are continuing to work with the Legal Department on reorganizing and improving the comprehensive alcohol ordinance, noting that the effort will take additional time. • Asked whether the Council would consider allowing beer and wine establishments in the LC (Limited Commercial) zoning district, referencing a previous business proposal that had been denied because of zoning restrictions. Several Council members expressed openness to reviewing the idea. • Reminded everyone of: o The July 28 Friendship Garden sign dedication, celebrating the Friendship Garden and Sister Cities program, with Mrs. Yamada, the wife of the Mayor of Tokai-mura, attending. o National Night Out on August 4, noting discussions about having Mayor Burtenshaw issue a proclamation supporting community policing. • Councilor Radford • Reported that the City's outreach booth at the Farmers Market was successful and better positioned next to the market information booth and said residents frequently stopped to ask questions and appreciated the City's presence. • Noted that river activity maps and paddling guides were especially popular and were quickly depleted, while construction information cards remained available. • Suggested providing the paddling guide electronically, such as through a QR code, so more people can access it online. • Councilors Lee, Larsen, and Dingman – No updates. • Councilor Freeman • Shared an update from Parks and Recreation Director PJ Holm that participation in this year's rodeo is expected to be exceptionally strong, with roughly double the number of cowboys and cowgirls attending compared to previous years. • Explained that Idaho Falls Power’s (IFP) drone program had begun operations to check power lines that day and pointed out that they are not spying on people, and IFP anticipated questions from the public. • Mayor Burtenshaw • Distributed a state alcohol law flowchart prepared by the City's Deputy City Clerk in collaboration with Idaho State Police Alcohol Beverage Control Inspector Jeff Rodean. City Council Work Session Meeting Minutes 3 680 Park Avenue Idaho Falls, ID 83402 • Explained that the guide illustrates, in an easy-to-follow format, what activities are permitted or prohibited under Idaho state alcohol laws. • Said the flowchart would help answer ongoing questions and misconceptions from residents and business owners about the City's alcohol ordinance, particularly concerns about private gatherings. • Expressed interest in making the flowchart publicly available because it clearly distinguishes what is regulated by state law versus city ordinance, providing a useful reference as the Council continues revising the alcohol ordinance. Legal - Discussion: Draft Ordinance for Certificate of Occupancy, Stop Work Notices and Do Not Occupy Orders: The Legal Department presented a revised draft ordinance updating the City's authority to enforce Certificates of Occupancy (COs) and address unpermitted construction. The revisions reflected Council direction from the May 4th work session, as well as additional feedback from the Mayor. Staff explained that the ordinance would prohibit occupancy of new buildings without a required CO but adds a notice and grace period before penalties apply. Key changes include: • Rather than immediately issuing an infraction, the Building Official must first provide written notice that a CO is required. • Property owners or occupants would then have seven days to either obtain the CO or discontinue occupancy before an infraction could be issued. • Staff noted this notice requirement replaces the previous "knowledge" standard and provides a clear opportunity for voluntary compliance. The ordinance also strengthens enforcement when construction occurs without required permits. • The Building Official may issue a Stop Work Order when construction is occurring without a permit and violates the building code. • If the person continues construction after receiving the order, the violation is generally treated as an infraction. However, if either the Building Official or Fire Marshal determines the violation creates an immediate fire or life-safety hazard, continued work would instead be treated as a misdemeanor. • Council members asked whether property owners would be informed when a violation rises to the misdemeanor level, and staff agreed that clearly documenting the hazard and communicating it would be standard practice. Legal staff emphasized that Do Not Occupy Orders would not be automatic. Instead, they could only be issued when the Building Official determines that occupancy presents an immediate fire or life-safety risk. This change was intended to avoid forcing residents from their homes over relatively minor code violations while still allowing the City to address dangerous situations. Staff recommended aligning City penalties with similar provisions in Idaho law. • Misdemeanor penalties would be limited to up to a $300 fine and/or 90 days in jail, matching comparable state code provisions rather than relying on the City's higher default misdemeanor penalties. • For CO violations: o A first offense includes a seven-day compliance period before becoming an infraction. o A second offense would not escalate to a misdemeanor until 14 days after notice, providing additional time for compliance. City Council Work Session Meeting Minutes 4 680 Park Avenue Idaho Falls, ID 83402 To address concerns raised by Mayor Burtenshaw, the ordinance clarifies that property owners are only liable if they knowingly permit occupancy without a CO. Staff cited an example where tenants might move into a building without the owner's permission. In those cases: • The owner would not automatically be in violation. • Once notified by the Building Official, the owner would be expected to end the unauthorized occupancy or obtain the required CO. The draft also revises enforcement authority by: • Allowing the City, rather than the Building Official individually, to seek injunctive relief through the courts. • Limiting that action to situations where unlawful occupancy has continued for 14 days or more, preventing immediate legal action after initial notice. Council members sought clarification on whether the ordinance would affect buildings occupied years ago without Certificates of Occupancy during earlier periods of rapid growth. Staff confirmed that the ordinance is intended to apply prospectively to new construction, not to pursue older cases where CO’s were never obtained. Police - Discussion: Flock Safety Contract Amendments: The Police Department and Legal staff presented a proposed amendment to the City's contract with Flock Safety in response to concerns raised by residents about how data collection by license plate recognition (LPR) cameras could be used. Staff explained that the current contract allows Flock Safety to use images collected by the City's cameras to help train and improve its artificial intelligence models. After receiving public concerns that this constituted a commercial use of City data, the City negotiated an amendment to eliminate that practice. Under the proposed amendment: • Flock Safety may not use Idaho Falls' camera data to train or improve machine learning or AI models. • The restriction specifically applies to photos captured by the City's cameras. • The amendment overrides any conflicting language in the original contract. Flock requested a limited exception allowing it to review customer data only to improve the performance of its hardware and related services, such as diagnosing camera issues. Legal staff said they believed this was a reasonable compromise because it does not permit AI training or commercial model development. Council asked whether the amendment addressed the concerns raised by residents. Staff said the primary concern was that using City data to improve Flock's AI increased the company's commercial value. While not taking a position on that argument, the City negotiated the amendment to remove that capability and respond to those concerns. Council also asked about competing license plate recognition providers. Police staff noted that the three largest vendors are Flock Safety, Axon, and Motorola, and indicated that similar systems generally operate in comparable ways. Legal staff emphasized that: • The City's use of Flock data remains limited to purposes authorized under Idaho Code, primarily law enforcement investigations. City Council Work Session Meeting Minutes 5 680 Park Avenue Idaho Falls, ID 83402 • Any agency that enters into a reciprocal data-sharing agreement with Idaho Falls must also agree to comply with Idaho law when accessing City data. • The new amendment likewise requires Flock to comply with those legal limitations. Council discussed persistent public misconceptions about the system. Council members emphasized the need to correct misinformation suggesting the cameras perform facial recognition or continuously track drivers. Police staff explained that: • The cameras capture a single image of the rear of a passing vehicle to read its license plate—they do not continuously record video. • Officers cannot search the database arbitrarily; every search must be connected to a lawful investigative purpose authorized by state law. • The system cannot be used to issue speeding tickets, red-light citations, or other routine traffic enforcement actions. The Police Department acknowledged that some audit records describing searches lacked sufficient detail because officers had not received standardized instructions for documenting their investigative purpose. Going forward: • Officers will be required to clearly identify the applicable misdemeanor, felony, or other authorized investigative reason allowed under state law. • Staff believes this will make audit records more transparent and easier for the public to understand. Council asked how the City could verify that Flock actually complies with the new AI restrictions. Legal staff said Flock has indicated it has an internal mechanism to exclude Idaho Falls' data from AI training. Staff agreed to request written verification that the restriction has been implemented, similar to previous verification requests for security features. Council members requested educational materials explaining exactly how the Flock system works to help address public misconceptions. Police staff reported they are already preparing informational materials for an upcoming Council meeting, including examples of what officers actually see when using the system. Staff noted that many residents incorrectly believe the cameras use facial recognition or continuously monitor individuals, when in reality the system is limited to license plate images used for authorized investigations. Finance - Wrap Up: Budget: Finance presented an updated overview of the proposed Fiscal Year 2026–2027 budget, incorporating Council's funding decisions from the previous budget workshop. Staff also reviewed the proposed property tax levy, new personnel requests, funded capital projects, and the timeline leading to budget adoption. Staff reported the proposed budget includes: • $325 million in projected revenues. • $393.5 million in budgeted expenditures, including all carryover projects from the current fiscal year. • A planned use of approximately $68 million in existing fund balance to fund capital projects and other one-time expenditures. Finance emphasized that much of the beginning fund balance is already committed to reserves for future capital projects, enterprise fund infrastructure, debt service requirements, power rate stabilization, and self-insurance reserves. City Council Work Session Meeting Minutes 6 680 Park Avenue Idaho Falls, ID 83402 Finance reviewed revenue changes compared to prior years, highlighting: • Taxes and franchise fees increased to approximately $55 million following Council's funding decisions. • Charges for services increased primarily because of utility growth, customer growth, and the new Bonneville County landfill tipping fee. • Licenses and permit revenue declined due to fewer large commercial and multifamily developments generating impact fees. • Contributions and donations decreased because the budget only includes committed donations, unlike prior years that anticipated Zoo entrance contributions. • Investment income was budgeted conservatively despite expectations that actual earnings may exceed estimates. • Debt proceeds decreased substantially because major borrowing associated with previous airport projects has largely concluded. The proposed expenditures include: • Salary and wage increases reflecting: o 10 new full-time employees o Seven employee grade adjustments o A 2% cost-of-living adjustment for non-union employees o An assumed 5% increase in health insurance costs • Increased operating expenses, largely driven by utilities and infrastructure. • Approximately $117 million in capital projects. • $12.6 million in debt service. • Continued contributions toward future equipment replacement reserves (MERF). Council asked whether reserve contributions were keeping pace with equipment replacement needs. Finance responded that each fund is evaluated individually, and some enterprise funds are intentionally drawing down previously accumulated reserves rather than increasing rates further. Finance presented the proposed property tax levy totaling approximately $54.1 million, including: • The statutory 3% increase. • Growth and annexation revenues estimated at just over $1.1 million. • Approximately $538,000 in foregone tax authority for operations. • $350,000 in foregone authority dedicated to capital improvements. Staff confirmed the proposal remains below Idaho's statutory 8% limitation. Finance updated estimated impacts on taxpayers. For a home valued at $450,000: • Estimated City property tax increase: approximately $150 annually (about $13 per month). For commercial properties: • A $500,000 property would increase about $196 annually. • A $2 million property would increase about $784 annually. Council also discussed that future increases in tax bills should be moderated because residential property values have largely stabilized after several years of rapid appreciation. Finance outlined how new property tax revenues would be used. Growth and annexation revenue would fund: • Library levy support. • Police sworn officer pay scale adjustments. City Council Work Session Meeting Minutes 7 680 Park Avenue Idaho Falls, ID 83402 • A portion of a new police dispatcher position. • Additional General Fund priorities. 1% foregone operating authority would fund recurring public safety positions, including: • One Assistant City Attorney. • Two Fire/EMS Training Captains. • A portion of the new Police Dispatcher. Capital foregone funding would support: • Fire station restroom upgrades. • Recreation improvements, including aquatic center starting blocks, entrance doors, and ice rink bleachers. • Initial infrastructure work for the future Fire Training Facility. Finance presented a multi-year funding strategy for implementing the new Police Records Management System. Rather than shifting the entire ongoing software cost into the General Fund immediately, the City would: • Use excess Certificate of Participation (COP) funds to cover most costs during the first several years. • Gradually transition annual operating costs into the General Fund over approximately five years. • Fully absorb the recurring software expense into the General Fund by FY 2030–2031. Council supported using the phased approach to avoid a sudden increase in future operating costs. The proposed budget includes 10 new governmental full-time positions: (Finance noted that many of these positions are supported by dedicated revenue sources rather than solely by General Fund property taxes.) • Assistant City Attorney. • Two Fire/EMS Training Captains. • Police Detective (funded through opioid and narcotics revenues). • Police Dispatcher (funded through a combination of County contributions, growth revenues, and foregone authority). Enterprise funds would add six additional positions, including: • Two Water Service Technicians. • Two Power Wiremen. • One Generation Mechanic. • One Fiber Communications and Splicing Technician. These positions would be funded through utility rates and enterprise revenues. Finance summarized revisions incorporated into the updated budget document, including: • Department accomplishments and goals. • Updated revenue projections. • Refined beginning fund balances and reserve estimates. • Multi-year contract schedules. • Previously approved capital and one-time projects. • Adjustments to reflect the City's new ERP accounting structure. Staff also noted they are correcting formatting issues before publishing the final budget documents. Budget Timeline: Finance reviewed the remaining budget schedule: • Next Council meeting: Adoption of the "not-to-exceed" budget amount and publication of budget, fee, and foregone tax notices. • August 13: Public hearings on the budget, proposed fees, and foregone property tax authority. • August 27: Final adoption of the FY 2026–2027 budget. City Council Work Session Meeting Minutes 8 680 Park Avenue Idaho Falls, ID 83402 Council indicated the proposed budget reflected the funding priorities established during previous budget workshops and was ready to move forward through the public hearing process. Mayor - Announcements, Events, Calendaring, Proclamations, Notes and/or Minutes from Boards and Commissions: War Bonnet Parade Logistics The Mayor confirmed which Council members planned to participate in the upcoming War Bonnet Parade, noting that attendance helps staff coordinate transportation and staging. She indicated that participants would receive a detailed schedule, with Council members expected to meet around 6:15–6:20 p.m. before being transported to the parade lineup. Weekly Department Updates Mayor Burtenshaw asked Council for feedback on the new weekly communication process in which: • Department directors submit updates on Wednesdays. • Staff distribute the compiled updates to Council on Fridays. • Each department highlights a recent project or accomplishment in addition to providing calendar information. Council members indicated the new format was working well and appreciated the additional communication. Library Board Discussion Mayor Burtenshaw briefly revisited the earlier discussion regarding the Library Board meeting, confirming that: • The presentation ultimately provided to City Council was different from the one originally presented to the Library Board. • A letter had been prepared based on the original presentation, which no longer reflected the revised proposal. • To improve consistency going forward, the City Attorney will attend the next Library Board meeting to help ensure that information presented to the Board and the City Council is consistent and legally accurate. Police Promotion Ceremony Mayor Burtenshaw reminded Council members about the upcoming Police Department swearing-in and promotion ceremony, scheduled for August 5 at 3:30 p.m., and confirmed attendance with several Council members. With no additional announcements from Council, Mayor Burtenshaw concluded the meeting. There being no further business, the meeting adjourned at 4:46 PM /s/ Linda Lundquist_________________ /s/ Lisa Burtenshaw _____________ Linda Lundquist, City Clerk Lisa Burtenshaw, Mayor
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