Council approves mediation in Willow’s Place Townhomes dispute, names local mediator

The Idaho Falls City Council voted to order mediation in a dispute involving Willow’s Place Townhomes, a planned unit development, and selected Kirk Thompson as the mediator.

City counsel introduced the mediation proposal after the applicant requested the process. The council discussed logistics — including the proposed mediator’s availability, hourly rate and travel fee — and how to handle potential ex parte contact if council members meet privately with the applicant during negotiations. Counsel recommended either recusal of council members who engage in ex parte communications from the ultimate hearing on any mediated agreement, or recording and summarizing mediation proceedings to cure ex parte contact.

Council President and other council members debated whether to appoint two council members to attend negotiation sessions (as non‑binding negotiators) or to rely on staff to carry negotiations. The council moved and approved an order for mediation and named Kirk Thompson as the preferred mediator. Members agreed that any mediated settlement must be presented at a later public meeting and that two council members who participate in private negotiations would lack authority to bind the full council.

The council also discussed how to preserve due‑process rights for affected neighbors under the Local Land Use Planning Act, and noted options to make mediation records available or require recusal where appropriate. The motion to order mediation and to select the mediator carried; the record shows the council approved the mediator selection and instructions to staff. Any mediated agreement would return to the full council for a public hearing and vote.