CITY OF ABERDEEN

REGULAR COUNCIL MEETING

FEBRUARY 14, 2017

Mayor Larry Barrett called the meeting to order at 7:00 p.m. City Clerk/Treasurer Linda Balls was present to record the following minutes.

Council members present were: Karalee Bonzon, Mary Leisy, Brian Schneider, Alan Summers, Denise Wahlen and Craig Wampler.

Also present at the meeting were City Attorney Garrett Sandow, Doris Sandow, Public Works Supervisor Robert Goss, Lori Rupp, Jessica Lopez and Chief Chuck Carroll. Gabe Snow arrived at 7:50 pm.

APPROVAL OF THE MINUTES

Councilwoman Leisy made the motion to approve the January 10, 2017 regular council meeting minutes as typed. Councilman Schneider seconded the motion. All were in favor, the motion passed.

Mayor Barrett stated that a motion needed to be made to amend the agenda to add ‘Purchase of Additional Truck’.

MOTION

Councilman Summers made the motion to amend the agenda and add ‘Purchase of Additional Truck’. Councilman Schneider seconded the motion. All were in favor, the motion passed.

Mayor Barrett stated that next is Resolution 186 which is the Municipal Lease Agreement with Ireland Bank. Attorney Sandow explained that Resolution 186 needs to be accepted by the city council which authorizes the mayor to sign the lease agreement for the new 2017 Dodge Charger police car. Sandow read the resolution in its entirety.

MOTION

Councilwoman Bonzon made the motion to accept Resolution 186, the Municipal Lease Agreement with Ireland Bank for the new 2017 Dodge Charger police car. Councilwoman Leisy seconded the motion.

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Roll call vote: Bonzon, yes; Leisy, yes; Schneider, yes; Summers, yes; Wahlen, yes and Wampler, yes. Voting was all in favor, the motion passed.

Attorney Sandow stated that Resolution 187 regarding the Installation of a Credit/Debit Card Processor and Convenience Fees would allow the citizens to pay their bills at the city with their debit or credit card. There would be a 3% plus $1.00 fees per transaction, so we want to pass that along to the people that are using that as a convenience. Sandow said the city is not really charging the fee, so holding a public hearing won’t really be necessary. Sandow said that after this resolution is passed, he suggested to Linda Balls that in the future it be included on the schedule of fees so it can be dealt with every year as the numbers can change. Sandow then read Resolution 187 in its entirety.

Linda Balls stated that she had talked with Roxanna Tapia at the Bingham County Assessor’s office regarding the city taking credit and debit cards for titles and registrations, and she wasn’t really excited for us to use it as it would put more work on to her and we would have to separate things out. Roxanna said that it would be our decision though. Balls said that she talked with Ireland Bank and they suggested that we buy the machine rather than leasing or renting it as it would be cheaper that way. The bank suggested that we try it for two or three months, and if we decide that we don’t like it they will buy the machine back from us. The cost of the machine is around $300.00 but we wouldn’t get the full value back if we opt out, but it would still be better for the city to go that way.

After discussion, Councilwoman Leisy suggested that the city buy the machine and try it for two or three months. However the office decides to do it, with accepting cards for the city plus the titles and registrations, then at the office ladies’ discretion they can decide if we keep it or not.

Lori Rupp stated that most of the requests that we receive are for the titles and registrations.

MOTION

Councilwoman Leisy made the motion to accept Resolution 187 regarding the city accepting credit and debit cards for payment of certain fees to the City and pass along the processing fees to the citizen. Also, to buy the credit/debit card machine and try it for two or three months and at the office ladies’ discretion, decide if we keep it or not. Councilwoman Wahlen seconded the motion.

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Roll call vote: Bonzon, yes; Leisy, yes; Schneider, yes; Summers, yes; Wahlen, yes and Wampler, yes. Voting was all in favor, the motion passed.

Mayor Barrett stated that next was the Records Retention Resolution. Attorney Sandow said that last month he brought the records retention policy that Blackfoot had adopted and asked if everyone had a chance to look at it. He said Linda Balls has crossed out some parts that aren’t applicable to Aberdeen. Sandow said that we wanted to bring it up one more time to make sure everyone had an opportunity to look at it. Next month it will be on the agenda to finalize and approve it.

Mayor Barrett said discussion of the Chicken/Rabbit Proposed Ordinance 312 was next on the agenda. Attorney Sandow said the question that came back from Planning and Zoning was regarding the ordinance stating that as long as all of the neighbors consented, the Public Works Director could issue a permit. The question they had was if not everybody consents and it has to be approved by city council, would we want to have a public hearing on that. Sandow stated that with the type of issue it’s going to be, he suggested that the city council do have a public hearing.

Mayor Barrett asked if someone wanted a public hearing, could we pass the expense on to them. Sandow said that change would be added as well.

Councilman Wampler asked if we would only have a public hearing at the request of the applicant. Sandow said that is right. Councilman Schneider stated that the applicant would have the option of dropping it or paying for the cost of a public hearing if they chose to have one.

Chief Carroll asked what the approximate cost of a public hearing is. Linda Balls stated the cost for the publication is about $50.00 and then we need to make a list of the neighbors within the 100 foot radius and send them letters asking for their consent. Balls said that a lot of cities charge $100.00 for a public hearing which includes the administrative costs.

Mayor Barrett stated that he felt that wasn’t out of reason for the fact that the office ladies need to take time to get the addresses, write and send out the letter.

Councilwoman Wahlen asked Attorney Sandow if any other cities do it this way, with requiring the public hearing. Sandow said that Aberdeen’s has a more formal process to it than Blackfoot’s and no other city that he represents does it this way. Councilman Schneider stated that there are other cities that we received information from that do, but none of them required 100%. Sandow said that this is just a proposal and can be changed.

Councilman Schneider stated that he is ok with it if your neighbors are ok with it, because the neighbors are the ones most impacted by the chickens and rabbits. Schneider said that maybe

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100% is too much and unreasonable, possible change it to 80% or 70%. Mayor Barrett stated that as far as percentage, 100% is probably not a reasonable figure.

After discussion, the city council agreed to change the written consent from 100% to 75% of said neighbors to the number and type of animals requested. If consent of 75% of the neighbors is not obtained, a special permit for keeping chickens and/or rabbits may be approved or denied by City Council after a public hearing and notice as provided in City Code. Any costs associated with the public hearing and notice shall be paid by the applicant as established by City Council.

Mayor Barrett asked if there needed to be a motion to pass the proposed chicken and rabbit ordinance back to the Planning and Zoning Board for them to have a public hearing on it. Sandow said that a motion was not needed. He had guidance from the council and needed to make a few changes and would then email it to Linda Balls so Planning and Zoning could have the hearing.

Mayor Barrett asked Lori Rupp to contact the Planning and Zoning Board regarding a date for the public hearing.

Mayor Barrett stated that the amendment to the agenda to discuss the purchase of an additional truck was next. Barrett said there was going to be an auction coming up in Aberdeen and with the economy the way it is, he is hoping that some of the equipment that is being auctioned will be at a better price for the city. He would like to have the consent of the city council to take money out of the contingency funds from water, waste water and streets to purchase an additional dump truck. Some of the trucks that the city has are about 40 years old and on their last leg and we need to start looking to replace them. Barrett said he would like the permission of the city council to have Robert Goss and Kelvin Bowles look around for something else to purchase, and give them a ceiling. Barrett suggested a ceiling of $30,000.00 for a truck, but would like it around $22,000.00. Attorney Sandow said to make the ceiling high enough, if Barrett is thinking $30,000.00, then make it $40,000.00.

MOTION

Councilwoman Leisy made the motion to grant permission to the Public Works Director and Assistant to attend the auction and purchase a truck, with a ceiling of $40,000.00. Councilman Wampler seconded the motion.

Roll call vote: Bonzon, yes; Leisy, yes; Schneider, yes; Summers, yes; Wahlen, yes; and Wampler, yes. Voting was all in favor, the motion passed.

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DEPARTMENTS

Councilwoman Bonzon stated that she had nothing to report.

Councilwoman Wahlen said that the Planning and Zoning Board had one permit that they looked at for a new gas meter. Wahlen said the Economic Development Group is still on hold at this time.

Councilman Schneider reported that he had nothing on his departments, but he wanted to let people know that he is now on the Water District 120 Advisory Committee. He replaced Richard Mayer. Two weeks ago he attended their Advisory Committee Meeting and yesterday they had their annual meeting. It is made up of representatives within the boundaries of 120. A lot of people from Fremont and Bingham Counties are on it like Nic Behrend. Steve Howser from the Canal Co. is an alternate. Schneider said if anyone has concerns about groundwater they can talk to him and he will take them to the committee.

Councilwoman Leisy stated that Nathan Cuvala and Dave Mitchell with T-O Engineers would like to come to the March city council meeting regarding the airport. Jeff Driscoll got a new plane, so some changes needed to be made. They apologized because they are a little bit behind on their work as someone quit, but they are almost caught up now.

Councilwoman Leisy said there will be a Gem Trail meeting on February 23rd at the Mennonite Church at 6:30 pm. Alan Giesbrecht with JUB has first stage drawings that they will look at and see what the trail group needs to do.

Councilman Schneider stated that he talked with Steve Howser from the Canal Co. yesterday and Steve said that he will purchase the pipe within the next month for the Gem Trail.

Councilwoman Leisy stated that when the weather clears up, she would like the council to go out to the airport and see what’s happening there.

Councilman Summers thanked Robert Goss and the city crew for cleaning up the recycle center a couple of times so people could get in there.

Councilman Wampler stated that he had nothing to discuss.

Mayor Barrett stated that he wanted to thank everyone for the snow removal. Nolen Buffi and Justin Claunch came in with two front end loaders and cleared Main Street and parts of some of the other side streets. That was all volunteer, they weren’t hired. Also volunteering to haul the snow off was the Canal Co. again with two trucks and Foster Farms had a truck. The snow was cleared off Main Street in about eight hours, where it took the city three or four days before. Barrett said it was wonderful help and thanked them for their time in doing that.

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Mayor Barrett stated that he would also like to thank those who helped fill the sand bags. There was a tremendous outpouring of people who donated their time filling the bags. The scout troop came last Tuesday evening and filled 200 to 300 sand bags. On Saturday 500 to 600 bags were filled by the Catholic youth group, private citizens and the LDS youth group pitching in together for about four hours. Last night the LDS youth group came and filled sacks again. Barrett said it is really nice to see all these people contributing their time and effort to this and it is really appreciated. He hopes that when we see people that were there helping, that we thank them.

Mayor Barrett said that someone asked when the bridge will be done. He isn’t going to say, because whenever he asks the builder he gets a different answer, but theoretically we will be able to drive over the bridge next Monday. There will be gravel on each side of the bridge and they are supposed to pour the barricade walls tomorrow and strip them on Friday.

Mayor Barrett stated that he would like to talk about the flooding. We dodged a bullet because if it had continued to thaw on Saturday and Sunday we would have been in really sad shape. The water came in from the west on Thursday, Friday and Saturday, with Friday being the worst day. Almost had to shut the power off at the trailer park on Powerline Road because of some dangers as there was a lot of water there. The water was coming from the west and south on Thursday and Friday, and from the north on Saturday evening. The water was a foot or less below the top of the new bridge by the Experiment Station, but thankfully the soil that was put around the bridge where they excavated held. Barrett said he hopes it thaws slower the next time.