MINUTES OF THE MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SODA SPRINGS, CARIBOU COUNTY, IDAHO HELD AUGUST 3RD, 2011.

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

Robert Irwin Tausha Vorwaller, Clerk

Randy Lott Clyde Nelson, Attorney

Gayla & Robert Anderson

Tysen Hopkins Frank Hernandez

Mr. & Mrs. Kirby Martineau Sherry Neal

Julie Franson Gary LeMarr

The invocation was given by Father Robert Irwin , Mayor Hansen then led everyone in the

‘Pledge of Allegiance’.

The Council reviewed the minutes from the last meeting and the payroll and accounts payable for July. Councilmember Prescott moved to dispense with the reading of the July 20th , 2011 minutes and approve them as written along with the payroll and accounts payable for July, 2011. Councilmember Smith seconded the motion. All in favor, motion carried.

(SEE ATTACHED PAYROLL & ACCOUNTS PAYABLE REGISTERS FOR DETAIL)

Randy Lott representing the LDS 1st Ward proposed a service project at Kelly Park. The ward invites everyone within the ward boundaries whether they are members or not to help with the project. The project will include installing 2 to 3 small culverts, trimming and cutting back foliage, painting play ground equipment and sanding, priming and painting picnic tables. Mr. Lott asked if the City could purchase the supplies needed for the project and mentioned that the group had plenty of access and donations of equipment if needed. Director Skinner stated the estimated cost for supplies was $400 and mentioned that Agrium may donate the paint for the tables. Director Skinner also offered for the City to pick up the branches and the cut foliage. Mayor Hansen stated that it sounded like a wonderful project. The Council agreed and thanked Mr. Lott and all involved for their service. Father Rob of St. Mary’s Catholic Church offered to help and would like to provide donuts for the volunteers.

Director Skinner reported that he received new contracts from the Bonneville Power Administration (BPA) and new rates that go into effect on October 1, 2011. BPA’s analysis

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indicates a 5.3% increase to the City’s rate to purchase power from BPA. The contracts will be reviewed by Attorney Nelson and the rate increase can be discussed more at the next meeting. Councilmember Hart asked that BPA justify the increase.

Mayor Hansen declared a Public Hearing open at 5:15pm. The Public Hearing was held to consider the petition of Douglas Clegg, CEO of the Spring Creek Assisted Living facility located at 425 Spring Creek Drive, Soda Springs, Idaho to vacate three public utility easements that are no longer necessary due to the Spring Creek facility being built over the three lots involved. The vacation of these easements is being requested in order to clean-up title issues. Mayor asked for comments on the vacation of easements. Frank Hernandez asked what happens to the vacated property. It was explained that the property is owned and occupied by Spring Creek and the easements to be vacated were originally platted but not used or needed. Being no other questions or comments the public hearing was closed at 5:20pm. The Mayor, Council and Staff then discussed the issue and the fact that the easements should have been vacated before the building was approved. Director Skinner agreed and explained that they are watching for these issues now when approving building permits. Councilmember Smith moved to approve the vacation of the three easements as requested by Doug Clegg of the Spring Creek Assisted Living Facility. Councilmember Prescott seconded the motion. All in favor, motion carried.

Gayla and Robert Anderson of 411 South 2nd East addressed the Mayor and Council regarding a neighbor across the street with an unsightly yard due to an accumulation of junk, old cars, trucks and weeds. Mrs. Anderson stated that she has come before the Council in the past asking that this neighbor be forced to clean up his property. Mrs. Anderson also suggested that the neighbor is operating a commercial business out of the large building he was allowed to build in the residential neighborhood. Mrs. Anderson strongly expressed her frustration with the situation. Mr. Anderson added that the property is a mess and he feels the owner is misrepresenting that his use of the large building is for personal use only. Councilmember Smith comments that working on cars is people’s hobby and asked if there was proof of commercial transactions. Mayor Hansen stated that the City does not have the authority to demand to see someone’s financial information. Councilmember Lee agreed that the property was unsightly and would appreciate it being cleaned up and organized and the weeds contained. Director Skinner explained that he had reviewed the code and what is allowed and has looked at every vehicle on the property which is, licensed and insured. Director Skinner has also spoken with the property owner who has agreed to remove the weeds. Mayor Hansen stated that if the property is in compliance then there is nothing the City can do.

Julie Franson again met with the Council to discuss the City Park service project proposed by the LDS 5th Ward. Mrs. Franson mentioned that the entire community would be invited to help with the project that is planned for Saturday, August 20th. Mrs. Franson asked Director Skinner if the County had okayed painting the cement wall and also asked about the old tennis court area and whether the City wants to block it off from parking to allow it to be used as a play area. Director AUGUST 3RD, 2011

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Skinner and Mrs. Franson mentioned that Vaughn Smith has offered to seal and resurface the area so it can be painted by the service group. The Mayor, Council and Staff discussed how to block off the area and also the cost to resurface. The Mayor and Council expressed their support for the project. Director Skinner estimated the cost for supplies and materials to be at the most $1500. The Mayor and Council gave Mrs. Franson approval to move forward with the project and if there were going to be any big cost changes to let them know at the next meeting.

Mayor Hansen presented a proposed ordinance to the Council regarding the new smoke-free

parks policy. The ordinance would put a penalty on violation of the policy. Councilmember Prescott mentioned that he has been contacted by several citizens and suggests designating smoking areas with signs and receptacles and feels that this will still accomplish the intent of the smoke-free parks policy. Councilmember Hart points out that just a few more steps gets smokers off City property but then is that putting the problem on to personal property. Councilmember Smith stated that he feels there are already too many ordinances that are not being enforced and this is not enforceable and he feels the resolution is enough and should be self enforced. Councilmember Lee agreed that this ordinance will be impossible to enforce and believes that if the Community is educated and honest then people will take care of themselves. The proposed ordinance was not introduced.

Director Skinner requested a catering permit for the Chamber of Commerce to sell beer at the Mud Races at Kelly Park on August 20th. Director Skinner explained that the Chamber applies to the State for a one day special event license. Councilmember Prescott moved to approve the one day, beer only catering permit for the Chamber of Commerce for the Mud Race event on August, 20th, 2011. Councilmember Smith seconded the motion. All in favor, motion carried.

The Mayor and Council briefly reviewed the FY 2012 Proposed Budget. Councilmember Hart noted that included in the proposed budget is a 5% water rate increase and a 100% sewer bond rate increase, the 3% property tax increase and a 3% cost of living allowance for employees. Clerk Vorwaller explained that decreases to the budget can still be made on the night of the Budget Hearing. The Council considered the Idaho Independent Intergovernmental Authority (III-A) City Health Insurance pool. Mayor Hansen expressed concerns about how the program will work with the providers. Councilmember Hart also expressed several concerns and suggested being cautious. Councilmember Smith and Councilmember Prescott support joining the III-A and explained that the City will have until December 31st to be sure the pool has contracted with providers and if the City is not comfortable then we can get out before we cancel with our current providers. Clerk Vorwaller will check on the cancelation terms of our current policies. Councilmember Lee moved to approve joining the Idaho Independent Intergovernmental Authority (III-A) City Health Insurance pool, authorizing the Mayor’s signature on the Joint Powers Agreement and noting that assurances of provider contracts be provided before the deadline to cancel with our current providers. Councilmember Prescott seconded the motion. A roll call showed the following vote:

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Those voting aye: Lynda Lee Those voting nay: Mitch Hart

Randy Prescott

Todd Smith Absent: none

Motion Carried.

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

PASSED AND APPROVED BY THE MAYOR AND CITY COUNCIL THIS 17TH DAY OF AUGUST, 2011.

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Kirk L. Hansen, Mayor

ATTEST:

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Tausha Vorwaller, Clerk