City Council

Meeting Minutes: Council Work Session Monday, January 13, 2025 3:00 PM City Council Chambers City Annex Building 680 Park Ave Idaho Falls, Idaho Called to Order at 3:05 pm Roll Call Present: Mayor Rebecca L. Noah Casper Council President Lisa Burtenshaw Councilor John Radford Councilor Ziel-Dingman Councilor Jim Freeman (virtual) Councilor Jim Francis Councilor Kirk Larsen (Quorum confirmed) Also Present: Emily Geisler, Incoming City Clerk Corrin Wilde, Outgoing City Clerk Michael Kirkham, City Attorney Pam Alexander, Municipal Services Director PJ Holm, Parks and Recreation Director Nick Terry, Realtor, TOK Commercial Real Estate Introduction of New City Clerk: Emily Geisler Municipal Services, Parks and Recreation, and Legal Department: • Presenters: Pam Alexander, PJ Holm, Mike Kirkham, Nick Terry • Topic: Update on City Property (Four Parcels) Adjacent to Pinecrest Golf Course Background of the Property: The four parcels were donated in September 2016, with an initial appraisal value of $610,000. A subsequent appraisal in March 2022 valued the land at nearly $1.9 million. A public auction was held in June 2022 with no bids. The property was placed under an exclusive listing agreement with a local commercial broker in August 2022. A  purchase agreement was made in September 2022 for $2 million, but complications with title restrictions caused the deal to fall through. Challenges Identified: Restrictions were discovered that limited development to only single- story homes. These restrictions date back to the 1950s. There are challenges with lifting these restrictions in a timely manner, and efforts are ongoing to resolve them with legal assistance. Current Status: The property has since been reappraised in November 2024, showing a reduced land value of $1.6 million. Discussions are ongoing with Builders FirstSource regarding lifting the restriction in exchange for an agreement that would prevent nuisance lawsuits related to the nearby lumber operation. Next Steps: Negotiations are taking place to amend the restrictions, with an agreement possible soon. If successful, the proposal will return to the City Council for approval. Discussions: • The Mayor asked about the “coming to the nuisance” legal principle in relation to Builders FirstSource's concerns about nuisance lawsuits. The City Attorney confirmed the principle’s validity but noted that the company seeks additional assurances to avoid legal issues. • There was discussion about whether a fence or buffer would be required for a potential lumber operation on the property, with the City Attorney mentioning additional buffering could be considered. • Builders FirstSource wants to continue operating their lumber yard until they decide to stop, and they seek a covenant for legal protection against future disputes, providing more certainty than relying on common law. • The City is considering infrastructure support for the property, including possible tax increment financing (TIF), while needing more information on geological challenges, such as lava rock. There was also mention of negotiating an easement or possibly trading property with Builders FirstSource for connectivity issues for a canal trail. • The Council is debating whether to negotiate a sale price based on a recent property appraisal, with flexibility allowed in special cases but with the goal of transparency to avoid undervaluing the property. • The City is considering a potential amendment or renewal of an exclusive sales agreement with TOK Commercial Real Estate. The appraisal already accounted for the lava rock, and some Council members feel the sale should be no less than the appraised value, ensuring fairness for taxpayers. Mayor and City Council: Acceptance or Receipt of Minutes  Motion: Councilor Francis, seconded by Councilor Burtenshaw, moved that the Council receive the recommendations from the January 7, 2025, meeting with the Planning and Zoning Commission pursuant to the Local Land Use Planning Act. The motion passed unanimously. Other City Council Updates: • Upcoming Meetings & Events: Talk of possible adjustments to the Idaho Falls Power Board meeting schedule was had. Upcoming events like the Martin Luther King banquet and a police complex tour were highlighted. The Council discussed community events, like a gallery exhibit about the City's water tower. • Legislative Updates: The mayor mentioned some bills introduced in the legislative session and invited Council members to attend Friday meetings for further discussion. A bill allowing cities to join the state health insurance plan was highlighted, though it is expected to be controversial. • Budget Retreat: The budget retreat is scheduled for February 21st, emphasizing Council attendance for a successful session. • Health Insurance Broker Update: The HR department completed an RFP process for health insurance renewal, which will be discussed at a future meeting. • AIC Legislative Position: AIC remains neutral on a bill affecting smaller cities' insurance pools, though the City may later be asked to take a stance. Councilor & Legislative Updates: • Veterans' Housing Project: Councilor Francis mentioned Senator Cook’s work on establishing permanent homes for homeless veterans and is seeking contacts for additional information. • Phone Protection Bill for Minors: Senator Cook is pushing a bill to require phones to have default settings for minor protection. The City may consider supporting this bill. • Police Department's Grant: The police department will reapply for a COPS grant with a goal of securing four additional officers. • State of the City Address: The Mayor's State of the City Address will be delivered at a fundraiser (Wednesday, January 15, 2025) for the Mayor’s Scholarship Fund, introducing the Strategic Plan to the public. The Plan is considered a living document and can evolve and change based on feedback Council priorities. Motion to Enter Executive Session: Councilor Francis, seconded by Councilor Dingman, moved that the Council move into an Executive Session that’s being called pursuant to the provisions of the 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 litigations or controversies not yet being litigated but imminently likely to be litigated. Council will not reconvene after this executive session. The motion passed unanimously. Executive Session Called to Order at 4:28pm Roll Call Present: Mayor Rebecca L. Noah Casper Council President Lisa Burtenshaw Councilor John Radford Councilor Ziel-Dingman Councilor Jim Freeman (virtual) Councilor Jim Francis Councilor Kirk Larsen Catherine Smith, Economic Development Administrator Michael Kirkham, City Attorney Zach Jones, City Attorney Adjourned at 4:56pm /s/Emily Geisler _______________________ /s/Rebecca L. Noah Casper ___________________________ Emily Geisler, City Clerk Rebecca L. Noah Casper, Mayor