MINUTES OF THE MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SODA SPRINGS, CARIBOU COUNTY, IDAHO HELD AUGUST 16TH, 2006.

MEETING CALLED TO ORDER AT 5:00PM BY COUNCIL PRESIDENT RANDALL E. PRESCOTT.

ROLL CALL SHOWED THE FOLLOWING PRESENT: RANDALL E. PRESCOTT, PRES.

LYNDA LEE

ARNELL R. WALKER

EXCUSED: KIRK L. HANSEN, MAYOR

MITCHELL J. HART

ALSO PRESENT: Mark Steele Lee Godfrey, Director

Karol Stephens Tausha Vorwaller, Clerk

Kent & Gloria Evans Clyde Nelson, Attorney

Dave Mason

Rodney Wood Carl Toupin

Gary Poulsen Brody & Krissy Gibson

Gary LeMarr Dewey Anderson

The invocation was given by Kent Evans, Council President Prescott then led everyone in the Pledge of Allegiance=.

The Council reviewed the minutes of August 2nd and the pre-paid accounts payables for August, 2006. Council President Prescott called for approval of the minutes and accounts payables without exception, there were no objections.

(SEE ATTACHED ACCOUNTS PAYABLE REGISTER FOR DETAIL)

Karol Stephens detailed his request to build a garage at the front of a home he recently purchased which will encroach on the front yard set back. The Council reviewed the Planning and Zoning=s recommendation for approval of a variance allowing Mr. Stephens to build a garage seventeen feet, six inches (17'6") from the front property line.

Brody Gibson explained his request to be able to build a two car garage at the back of his property within five feet (5') of the back property line. His lot is long and skinny this will allow enough room for a driveway to both garage doors. The Planning and Zoning recommended approval of Mr. Gibson=s variance.

Kent and Gloria Evans detailed their request for a conditional use permit to build 43 storage units and 5 open faced RV units at 40 South 3rd East. Councilmember Prescott reported on the detailed discussions of the Planning and Zoning Commission. Councilmember Walker expressed his appreciation to the Evans for removing the old trailers from their property as they were asked to when their zoning reclassification was approved. The Planning and Zoning recommended approval of the Evan=s conditional use permit with conditions.

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Councilmember Walker moved to approve the following requests based on the Planning and Zoning=s recommendations: a variance for Karol Stephens at 371 North 770 East allowing an attached garage to be built seventeen feet, six inches (17' 6") from the front property line, a variance for Brody and Krissy Gibson at 331 Chateau Thierry allowing a two car detached garage to be built five feet (5') from the back property line and a conditional use permit for Kent and Gloria Evans at 40 South 3rd East allowing storage units to be constructed not to exceed 43 completely enclosed units in two buildings and 5 three sided open faced RV storage units with the following conditions:

1)  all drainage must fall onto owners property

2)  absolutely no outside storage, all items must be enclosed in a storage unit

3)  open faced storage units to be used for RV=s only

4)  entrances and driveways will be well maintained

Councilmember Lee seconded Councilmember Walker=s motion for approval of the variances and conditional use requests. The Council discussed the requests further. Councilmember Lee asked if everyone had talked to their neighbors about their proposals? Councilmember Lee asked when Mr. and Mrs. Evans planned to start construction and also mentioned that she wished they were going to pave around the storage units. Councilmember Prescott suggested planting trees along the highway by the storage units. Mr. Evans replied that they are just not able to afford the cost of paving right now and hope to start construction immediately. Council President Prescott called for a vote on the motion to approve the two variance requests and the conditional use permit request. All in favor, motion carried.

Council President Prescott declared a public hearing open at 5:15pm to hear public comments on proposed fee increases that exceed 5% on garbage, sewer and electricity rates. Rodney Wood, owner of Fountain Terrace Apartments located at 351 South 1st West expressed his concern regarding the numerous increases and the hardship this causes him having to pay for multiple units, he also questioned the cost of sewer for one old lady compared to a home with several children. Mr. Wood also questioned the garbage rate for the apartments which is the same as the cost for an individual can for each tenant but the apartments do not have separate cans and share several commercial size cans. Mr. Wood states that the City needs to cut some expenses if he is going to have cut expenses to cover the increased rates. Mr. Wood also asked what the City can do to get more people in town and suggests getting the plants to hire more local people.

Dr. Gary LeMarr who owns and operates a dental practice at 180 South Main Street also offered some suggestions and concerns. Dr. LeMarr stated that he understands the need to increase rates but suggests that it would be judicious for the City to look at how they use or waste their resources and encourages the City to be cautious with the citizens money. Dr. LeMarr also expressed his concern about the impact the transfers from the Power Fund to other funds has on the increased power rates. The public hearing was closed at 5:23pm. The Council held a brief discussion on the proposed rate increases. Councilmember Walker expressed his concern regarding the increased sewer vacation

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rate. He explains that it is not so much a problem for the home owner who goes south for the winter but feels it will hurt the businessman with rental units who will have to pay the higher rate with no income. Councilmember Lee moved to approve the adoption of the following three resolutions increasing rates: Resolution 2006 - 4 Increasing Garbage Rates 22%, Resolution 2006 - 5 Increasing Power Rates and Resolution 2006 - 6 Increasing Sewer Rates. Councilmember Walker seconded the motion for the adoption of the new rate resolutions. All in favor, motion carried.

(See Attached Copies of Resolutions 2006 - 4, 5, & 6 - Originals on File)

Council President Prescott declared the Public Hearing open at 5:35pm for consideration of the proposed budget for the fiscal year from October 1, 2006 to September 30, 2007.

Dr. Gary LeMarr asked questions about the increases to the Planning & Zoning=s budget and the Airport=s budget compared to last years. Clerk Vorwaller explained the P & Z budget was increased by $10,000 to start a new comprehensive plan for the City and the Airport budget includes the purchase of fuel for resale which is a $30,000 increase from last year. Councilmember Prescott expressed his appreciation for the input and questions from those in attendance. The public hearing was closed at 5:45pm. The Council held a brief discussion. Councilmember Walker commented that he agrees with and supports the comments of Councilmember Hart that he submitted in his absence. Councilmember Walker shared those comments; AReview the number of rolling equipment and vehicles and reduce as appropriate. Challenge each City Employee to be the best they can be, each day, to insure each Citizen gets the biggest return on their investment in all of us. I can support the budget being passed as-is without any deductions at this time, I feel good that we can offer the City employees a fair wage increase and maintain benefits at the level we are. I strongly encourage the Mayor, City Council, and the entire City Staff and Employees to be very judicious in our expenditures this coming year, let us all be creative, smart and safe in how we carry-out our responsibilities. Let=s get the tools we need to do the best job we can. Let us also recognize that there may be some things we can go without and delay until a future date.@ Councilmember Walker commented that he feels the attitude of the City Council is to be supportive of the needs of the Community the best we can.

Councilmember Prescott introduced Ordinance #616 entitled AN ORDINANCE TERMED THE ANNUAL APPROPRIATION BILL, APPROPRIATING MONEY IN SUCH SUM AND SUMS AS IS DEEMED NECESSARY TO DEFRAY ALL PROPER EXPENSES AND LIABILITIES OF THE CITY OF SODA SPRINGS, IDAHO, NOT OTHERWISE PROVIDED FOR, FOR THE FISCAL YEAR BEGINNING THE FIRST DAY OF OCTOBER 2006 AND ENDING SEPTEMBER 30, 2007 PURSUANT TO THE PROVISIONS OF SECTION 50-1002, IDAHO CODE. A motion was then made by Councilmember Lee and seconded by Councilmember Walker that the rules requiring ordinances to be read on three separate occasions be dispensed with and that the ordinance be read once in full.

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A roll call showed the following vote:

Those voting aye: Lynda Lee Those voting nay: none

Arnell Walker

Randy Prescott Absent: Mitch Hart

Motion Carried.

Clerk Vorwaller read Ordinance #616 at length. Councilmember Walker then moved to approve the adoption of Ordinance #616 the Annual Appropriation Ordinance for the Fiscal Year 2007 Budget which includes combining the Industrial Park Fund back into the General Fund doing away with the expense reimbursements and upgrading the Children=s Librarian Position to full time. Councilmember Lee seconded the motion for adoption. A roll call showed the following vote:

Those voting aye: Arnell Walker Those voting nay: none

Lynda Lee

Randy Prescott Absent: Mitch Hart

Motion Carried.

(SEE ATTACHED COPY OF ORDINANCE #616 - ORIGINAL ON FILE)

Dave Mason, Veteran and member of the local VFW asked for the City=s support and approval to place a AProud American Memorial@ in City Park. Mr. Mason and Mr. Robert Anderson have discussed this with Mayor Hansen and Director Godfrey and are asking for approval to place it between the old trolley and the new coach house. Mr. Mason detailed the preliminary design which would be approximately 100 feet wide by 50 feet deep with a brass soldier and nurse statue and it would also include plaques of names of all the veterans and service men from the area. The total cost will be approximately $100,000. Director Godfrey reported that Monsanto would like the City to except a $10,000 grant for the memorial. Councilmember Lee moved to approve accepting the grant from Monsanto and from any other sources for the memorial project and also approves allocating a portion of City Park for the site of the Veterans Memorial. Councilmember Walker seconded the motion. All in favor, motion carried.

Attorney Nelson asked to discuss the conditional use permit request by Kent and Gloria Evans that was considered earlier in the meeting that he missed due to his late arrival. Attorney Nelson reviewed with the Council the conditions placed on the permit for the placement of storage units by Mr. & Mrs. Evans. Attorney Nelson recommends that the conditions be more specific and that an amended motion would be appropriate.

Councilmember Walker amends his original motion to include the condition that entrances and driveways will be kept with a sufficient build up of gravel and will be maintained free of weeds and rubbish, also RV=s will be defined as motor homes, travel trailers & boats. Councilmember Lee seconded the amended motion. All in favor, motion carried.

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Councilmember Walker moved to adjourn the meeting at 6:10pm, seconded by Councilmember Lee. All in favor, motion carried.

PASSED AND APPROVED BY THE MAYOR AND CITY COUNCIL THIS 6TH DAY OF SEPTEMBER, 2006.

Kirk L. Hansen, Mayor

ATTEST:

Tausha Vorwaller, Clerk