MINUTES OF THE MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SODA SPRINGS, CARIBOU COUNTY, IDAHO HELD SEPTEMBER 19TH, 2012.

MEETING CALLED TO ORDER AT 5:00PM BY KIRK L. HANSEN, MAYOR.

ROLL CALL SHOWED THE FOLLOWING PRESENT: KIRK L. HANSEN, MAYOR

RANDALL E. PRESCOTT, PRES.

MITCHELL J. HART

LYNDA LEE

TODD B. SMITH

EXCUSED:

ALSO PRESENT: Mark Steele Alan Skinner, Director

Levi Franson Tausha Vorwaller, Clerk

Tyler Scheierman Clyde Nelson, Attorney

Samantha Scheierman

Chief Rice Jon Bunderson

Paul Gritton Charles Fryar

Lance Hawk

The invocation was given by Levi Franson, Mayor Hansen then led everyone in the

‘Pledge of Allegiance’.

The Council reviewed the minutes from the last meeting and the pre-paid accounts payable. Councilmember Prescott moved to dispense with the reading of the September 5th, 2012 minutes and approve them as written along with the pre-paid accounts payable for September, 2012. Councilmember Smith seconded the motion. All in favor, motion carried.

(SEE ATTACHED ACCOUNTS PAYABLE REGISTER FOR DETAIL)

Levi Franson, Soda Springs High School Student Body President, requested permission to have the homecoming events which include the dummy burn at Kelly Park and the parade on Hooper Avenue. Levi reported that he had talked to Fire Chief Bjorkman who explained that there is currently a ban on all burning and unfortunately could not approve the dummy burn unless we get some rain before then. The Mayor and Council agreed that they could not approve it because other smaller fires had been denied. The Council suggested waiting to see if we get some moisture. Councilmember Smith moved to approve the homecoming parade with the same route as in the past and also the dummy burn contingent on receiving some moisture. Councilmember Prescott seconded the motion. All in favor, motion carried.

The Mayor and Council reviewed the Planning & Zoning Commission’s recommendation to approve Blake Poulsen’s variance request. The variance would allow a carport to be placed on the eastside property line. The Council discussed the type of building and the use of the word temporary in the Planning & Zoning meeting minutes. Director Skinner explained that it would not be considered a temporary building but should have been referred to as SEPTEMBER 19TH, 2012

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an accessory building. Councilmember Prescott moved to approve the variance request for Blake Poulsen, based on the Planning & Zoning Commission’s recommendation and also requested the correction of the minutes removing the word temporary. Councilmember Hart seconded the motion. All in favor, motion carried.

Officer Tyler Scheierman informed the Mayor and Council that he is currently in the process of getting a position with the Idaho State Police. Mr. Scheierman requested to purchase his K9 dog, Tex from the City of Soda Springs to be kept as a pet. Mr. Scheierman explained the strong attachment both he and the dog have for each other and feels the dog would not do well with a new handler. Mr. Scheierman stated that he is willing to pay a reasonable amount. Officer Jon Bunderson offered some information on the value of the dog and the likeliness of the dog being able to work with a new handler. Mr. Bunderson’s knowledge is based on his experience as a former K9 handler and his ongoing work with, and training of dogs. Mr. Bunderson noted that the City gave him his K9 dog free of charge when he was no longer going to continue as the City’s K9 officer. He suggested the value of the dog to be about $1500 to $2000 as a working dog at his age but is not sure how to price the dog as just a pet. The Council discussed the initial cost of the dog and the training expenses along with the cost and amount of training required to certify a new handler. The dog was purchased for $4500 in 2009 with an additional $6000 spent on training. Chief Rice explained that the department does not currently have the funds to start up a new K9 program but can plan for it in the future. Attorney Nelson also reported that the dog was purchased with asset forfeiture funds through a Federal Drug Enforcement Administration (DEA) program that may require approval to sell the dog to a private individual. Councilmember Prescott mentioned that he doesn’t feel it fair to try to recoup the cost of the training and he understands the attachment between Officer Scheierman and the dog but feels the dog does have value that the City should be reimbursed for suggesting $2500. Councilmember Smith commented that he feels Officer Scheierman has done a good job and been an exemplary employee and suggests letting him purchase the dog for $500. Councilmember Lee mentioned that she feels it is a waste of money to not keep using the dog. Councilmember Hart points out that it was drug seizure money that paid for the dog, not tax payer money and he doesn’t feel the City should even consider keeping the dog. Councilmember Hart suggested that the depreciated value of the dog is $1450 but would like to work with Officer Scheierman. Mayor Hansen agreed that it is not common for a dog to work well with another handler and commented that the DEA regulations needed to be clarified. He mentioned that he wanted to come to a value that was fair to each party and suggested that the dog is worth at least $2000. Councilmember Smith moved to approve the sale of the K9 dog to Tyler Scheierman for $500 based on approval from DEA. Councilmember Hart seconded the motion. A roll call showed the following vote:

Those voting aye: Mitch Hart Those voting nay: Randy Prescott

Todd Smith Lynda Lee

Absent: none

The result being a tie vote, Mayor Hansen voted nay. Motion failed.

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Mayor Hansen stated that he feels the dog is worth more than $500 and asked Officer Scheierman what he was willing to pay. Officer Scheierman offered $1500.

Councilmember Hart moved to approve accepting Officer Scheierman’s offer of $1500 to purchase the K9 dog Tex, contingent on DEA approval. Councilmember Prescott seconded the motion. A roll call showed the following vote:

Those voting aye: Mitch Hart Those voting nay: Todd Smith

Randy Prescott

Lynda Lee Absent: none

Motion carried.

Director Skinner presented one pay request from Forsgren Associates for the Wastewater Treatment Plant Project. Councilmember Hart moved to approve the pay request for Forsgren Associates in the amount of $77,341, seconded by Councilmember Lee. All in favor, motion carried.

The Council reviewed the progress of the Wastewater Treatment Plant Project. Several photos of the construction were viewed. There are just over two months until the secondary treatment deadline and the schedule includes having all the necessary concrete poured before the extreme cold weather sets in. The contractor will begin working around the clock seven days a week in order to meet the schedule deadlines. They will do what they can to keep the lights and loud equipment to a minimum at night and hopefully the neighbors will understand. In order to meet the November 30th deadline, training will have to take place through the Thanksgiving weekend. The penalty provisions were reviewed which are $2500 a day if regulatory deadlines are not met and $1000 a day for other schedule deadlines. Change orders should continue to be very minimal due to Forsgren’s attention to the day to day construction. Director Skinner reported that he has a draft certificate of final completion for the headwork’s portion of the project with Edstrom and Mountain West still finishing up a couple small items. He mentioned that they should be able to meet and come to an agreement on the final payments in the next two weeks. The concrete specification issue was again discussed. The problem came out of the supplier substituting an unacceptable grade of aggregate. Edstrom has been asked to provide a 5 year warranty on cracking and spalling and install, at their cost, a drainage system to eliminate the ground water level issue when the basins are drained. Director Skinner explained that the basins will have to be drained to check for damage before the warranty expires.

The Council considered the request to sponsor the free winter matinees at the Idan-Ha Theatre. Councilmember Smith, seconded by Councilmember Lee, moved to approve sponsoring the matinees for $750 same as the past two years. All in favor, motion carried.

Director Skinner presented a request from the Snake River Retriever Club asking for permission to camp at Hooper Park for up to 3 nights, September 20th thru the 22nd for the

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annual dog trials. Councilmember Lee moved to approve the camping, seconded by

Councilmember Smith. All in favor, motion carried.

Director Skinner reported that the Grays Lake Rodeo Club would like to donate their bleachers to the City if we are interested. The bleachers are aluminum and seem to be in good condition. The City would need to pick them up and haul them. The Mayor and Council agreed it was a good deal and a kind gesture.

The Third Ward service project at Hooper Park will be on Saturday, September 22nd. Several maintenance items will be performed at the park. The Council agreed it was a good project.

Mayor Hansen noted that the council meeting to be held on November 21st, the day before Thanksgiving, will probably be canceled.

Councilmember Smith moved to adjourn the meeting at 6:15pm, seconded by Councilmember Prescott. All in favor, motion carried.

PASSED AND APPROVED BY THE MAYOR AND CITY COUNCIL THIS 3RD DAY OF OCTOBER, 2012.

______

Kirk L. Hansen, Mayor

ATTEST:

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Tausha Vorwaller, Clerk