Minutes of the Meeting of the Mayor and City Council of the City of Soda Springs, Caribou

MINUTES OF THE MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SODA

TH SPRINGS, CARIBOU COUNTY, IDAHO HELD AUGUST 20 , 2014.

MEETING CALLED TO ORDER AT 5:00PM BY JAMES R. SMITH, MAYOR.

ROLL CALL SHOWED THE FOLLOWING PRESENT: JAMES R. SMITH, MAYOR

MITCHELL J. HART, PRES.

LYNDA LEE

ROBERT M. LAU CITY COUNCIL AUGUST 20, 2014 PAGE 2 OF 36

EXCUSED: JON D. GOODE

ALSO PRESENT: Mark Steele

Alan Skinner, Director

Paul Gritton

Tausha

Vorwaller, Clerk

Teresa Watkins CITY COUNCIL AUGUST 20, 2014 PAGE 3 OF 36

Clyde Nelson,

Attorney

Kristin Horsley

Gary & Robbie LeMarr

Doug Wood

Jackie & Austin Robinson

Tonya Yamauchi

Austin W. Robinson

Reagan Yamauchi CITY COUNCIL AUGUST 20, 2014 PAGE 4 OF 36

Spencer Winzenried

Brian Thomas

CeJay Golightly

Jonathon Balls

Julie Smith

Joy & Galen Wilson

Earl Somsen

Jared Henesh

Robin McMurray CITY COUNCIL AUGUST 20, 2014 PAGE 5 OF 36

Craig & Sally Hill

Nick Conley

Kristin Skinner

Randy Prescott

Kirk & Sue Hansen

Ashlee Stalcup

Rikki & Morgan

Ric Anderson CITY COUNCIL AUGUST 20, 2014 PAGE 6 OF 36

Charles & Rebecca

Sina Nieruch

Madison Smith

Damien Allen

Kelly Hill

Carl Toupin

Sheri Geragi

Jeff Horsley CITY COUNCIL AUGUST 20, 2014 PAGE 7 OF 36

Dave Doran

Debbie Pugmire

Brian Stringham

Michele Reddish

Jon Bunderson

Reggie Scheierman

Scott Shaw

Todd Watts

Tony Varilone CITY COUNCIL AUGUST 20, 2014 PAGE 8 OF 36

Terri Bergmeier

SS School Dist. Track

Members

The invocation was given by Jeff Horsley, Mayor Smith then led everyone in the

‘Pledge of Allegiance’.

The Council reviewed the minutes from the last meetings. Councilmember Lau moved to

th dispense with the reading of the regular meeting minutes of August 6 along with the CITY COUNCIL AUGUST 20, 2014 PAGE 9 OF 36

th th special meetings of August 6 and 7 , 2014 and approve them as written. Councilmember

Lee seconded the motion. All in favor, motion carried.

The pre-paid accounts payable were reviewed. Councilmember Lau asked about the

payment for the new fire truck. Director Skinner explained that the payment would be held

until the truck was delivered and accepted by Chief Squires. Councilmember Hart moved to

approve the pre-paid accounts payable for August 2014, seconded by Councilmember Lau.

All in favor, motion carried. CITY COUNCIL AUGUST 20, 2014 PAGE 10 OF 36

(SEE ATTACHED ACCOUNTS PAYABLE REGISTER FOR DETAIL)

Mayor Smith recognized Coach Jeff Horsley for his exceptional contributions to the

community as a coach and teacher. Jeff Horsley is known throughout the State for his

successful cross country program but the Mayor pointed out that it’s not the

championships that are important, it is the important lessons he is teaching by setting the

example that integrity is more important than winning. The Mayor stated it was a privilege

to honor Coach Jeff Horsley as a “Soda Springs Super Hero”.

Dave Doran, Mobility Coordinator Highway District #5 with the Community Transportation CITY COUNCIL AUGUST 20, 2014 PAGE 11 OF 36

Association of Idaho (CTAI), expressed his appreciation for the opportunity to address the

Mayor and Council along with other surrounding community leaders. Mr. Doran was asked

by Commissioner Somsen and Councilmember Lee to speak about funding opportunities

for pedestrian and bicycle pathways, and non-motorized or active mobility options. He

helps communities coordinate and advance pathway initiatives like the City’s current

project of interconnecting all the City’s trails. Mr. Doran explained the Community Choices

for Idaho program which is a Federal Highway’s program with up to $500,000 funding

available with a 7.34% match. He also mentioned that the recent curb and ramp updates

done on the State highway allows the City to pursue alternative transportation projects. CITY COUNCIL AUGUST 20, 2014 PAGE 12 OF 36

st The program will be open for applications October 1 and Mr. Doran encouraged the City to

have a good plan prepared and ready to go. Mr. Doran offered to be a liaison, answer

questions and work with any community who would like to pursue these funds. He

mentioned that the Parks & Recreation Trails grants program could help with this project

also. Commissioner Somsen mentioned that he and the representatives from the

surrounding counties would like to work with Mr. Doran on a multi-county trail system.

Mayor Smith encouraged them to use his office to discuss their plan and asked

Commissioner Somsen to report back on how the City and County can work together on the

project. Councilmember Lau requested to set up a meeting with Mr. Doran to work on the CITY COUNCIL AUGUST 20, 2014 PAGE 13 OF 36

City’s pathway plan and get a recommendation on what is most likely to succeed. Terri

Bergmeier with the Ledge Creek Horse Park initiative asked if the funding will continue to

be available in the upcoming years. Mr. Doran stated the program was recently initiated by

the State and he expects it to continue. Tony Varilone mentioned that the Community

Development groups are well into the planning of connecting the paths.

rd Mayor Smith welcomed citizen input. Ashlee Stalcup of 150 East 3 South commented on

the previously discussed regulations on chickens within the City limits. Mrs. Stalcup

encouraged the Council to consider a licensing system instead of limiting the number of CITY COUNCIL AUGUST 20, 2014 PAGE 14 OF 36

chickens. This would give the City the ability to address problems. She mentioned that she

has seen places with just five chickens that are terrible and have seen places with 20

nd chickens and it is beautiful. Sheri Geragi of 371 South 2 East also addressed the Mayor

and Council regarding chicken regulations. She informed the Council that she has six

chickens and a rooster and she is very attached to them. She mentioned that she has been

widowed twice by military veterans and expressed that it upset her to read that the Council

was considering regulating chickens. She mentioned several urban areas she has lived that

allow chickens, goats and bees and she thinks it’s wrong to consider limiting chickens in

this rural area. She mentioned the benefits of having chickens and that her neighbors don’t CITY COUNCIL AUGUST 20, 2014 PAGE 15 OF 36

even know she has chickens. She asked the Council not to pursue regulating chickens.

Austin W. Robinson, 90 East Hooper expressed his feelings that the City does not have the

right to regulate what he can do on his own property and asked what the fees would be

used for. He also mentioned that he feels the City’s efforts should be directed to more

st important issues. Kristin Skinner, 45 West 1 North posed a question regarding

regulations on dogs and what is going to be done when the neighbor’s dog comes in her

yard and kills her daughter’s chickens. What protections will the new regulations have for

the chickens? Teresa Watkins, Animal Control Supervisor commented that the chicken

subject got completely out of control and mentioned that there have not been many chicken CITY COUNCIL AUGUST 20, 2014 PAGE 16 OF 36

complaints. She mentioned that registering the chickens would just help track down the

owners if the chickens were loose and wandered away from the owner’s property. Mayor

Smith thanked everyone for the comments and mentioned that the animal ordinance

amendments were still being reviewed and discussed. He encouraged all to further discuss

their suggestions or concerns with any of the Councilmember’s.

Mayor Smith declared the public hearing open at 5:30pm to take public comment regarding

the proposed budget for the fiscal year beginning October 1, 2014 through September 30,

2015. There were no comments regarding the proposed budget. The public hearing was CITY COUNCIL AUGUST 20, 2014 PAGE 17 OF 36

closed. The Council held off discussion of the budget and approval of the appropriation

ordinance until later in the meeting.

Carl Toupin, owner/operator of M. R. & E. Inc., the solid waste contractor for the City, was

in attendance to address questions regarding his request to increase garbage rates 3.5%.

Mr. Toupin explained the increase was needed to keep up with equipment costs, manpower

and pay raises. The proposed increase would raise residential rates .34 cents and

commercial .94 cents and bring in approximately $9,000 in additional revenue. The last

increase request was in 2012. Councilmember Lee expressed her concern with the CITY COUNCIL AUGUST 20, 2014 PAGE 18 OF 36

increase, mentioning that the additional cost has to come from the citizens. The Mayor

reviewed any issues the City should be aware of. Mr. Toupin stated he did not know of any

and explained that they try to address any problems promptly. Director Skinner

mentioned there are always a few issues with cans that need repaired or a dump that is

missed but Mr. Toupin and his employees are good to respond and take care of it.

Councilmember Lee requested a schedule of how the money is spent. The Mayor asked to

understand what the capital plan is. Councilmember Hart stated that he feels the City is out

of line asking Mr. Toupin for this type of information. He explained that the City is

procuring a service for the citizens, trying to make the most informed and cost effective CITY COUNCIL AUGUST 20, 2014 PAGE 19 OF 36

decision as possible. The Mayor mentioned that he works with vendors at Monsanto and

requests this type of information to help understand the increase in order to plan for the

future. Councilmember Hart feels it is inappropriate to put Mr. Toupin on the spot in a

public meeting and suggested having a private meeting to review these issues. Mr. Toupin

mentioned that he has no problem meeting with City representatives on an ongoing basis

to review any concerns. He also mentioned that he has competitors just like everyone else

and he stays below the competition. Councilmember Hart clarified that this service is

basically a pass through to the citizens; the City is doing the citizens a favor by procuring

the service which is a benefit of living in the City. The Mayor thanked Mr. Toupin for CITY COUNCIL AUGUST 20, 2014 PAGE 20 OF 36

coming. Councilmember Hart requested that the garbage rate resolution be prepared for

consideration at the next meeting.

Director Skinner presented a letter from DEQ which is the final acceptance of the operation

and maintenance manuals and record drawings of the wastewater treatment plant. This

allows the loans to be closed out. The four final invoices from Forsgren were presented for

approval in the amount of $8400. There is also an additional $300,000 in reimbursements

to be received with the final reimbursement check. Director Skinner hopes the

reimbursements will be processed in 30 days. Councilmember Hart moved to approve the CITY COUNCIL AUGUST 20, 2014 PAGE 21 OF 36

four final pay applications for the wastewater treatment plant project as presented.

Councilmember Lau seconded the motion. All in favor, motion carried. Director Skinner

mentioned that he has clarified that even though the second loan was not totally utilized

the City will still receive the full principal forgiveness amount of approximately $455,000.

Director Skinner mentioned that he is struggling with getting contractors for small projects

like the Formation chlorination improvements. He suggested combining with the Court

Street project to help get more interest. The Court Street project has been submitted to

DEQ for approval but the City can proceed with bidding out the project and purchasing CITY COUNCIL AUGUST 20, 2014 PAGE 22 OF 36

materials out of the current budget in hopes of having a contractor ready to go as soon as

we receive the DEQ approval. The Mayor expressed his desire to move as fast as possible

on Court Street. Director Skinner stated he will proceed with advertising and pre-bid

meetings. He also mentioned that he is trying to get on the well drillers schedule before the

end of September.

Clerk Vorwaller detailed a proposal prepared by the committee working on changes to the

employees insurances and benefits. The proposal includes designating Sam Winward as

the City’s agent, moving the group life and vision to Met Life along with having Mr. CITY COUNCIL AUGUST 20, 2014 PAGE 23 OF 36

Winward handle the Delta Dental plan. The proposal includes setting up health saving

accounts (HSA) with the City contributing up-front and matching funds for the employees.

The proposal also includes changing the sick and vacation leave policy to a personal time

off (PTO) type plan and a proposal on how to transition the current banks of sick leave

along with implementing short and long term disability plans. Changes to the personnel

policy will have to be approved by resolution. The Council explained the benefits of the

HSA. The Mayor expressed the importance to approve the agent to implement the changes

and provide one on one assistance to the employees. Councilmember Lau moved to

approve designating Sam Winward as the City’s agent along with canceling the City’s CITY COUNCIL AUGUST 20, 2014 PAGE 24 OF 36

current group life, vision and SIS/NexStep deductible supplement plans and approve the

new plans as presented by Mr. Winward along with designating him as the agent for the

current Delta Dental plan. Councilmember Lee seconded the motion. All in favor, motion

carried.

Mayor Smith mentioned speaking to those who groom the City’s trails and despite the fact

that the City has a penalty for driving motorized vehicles on the trails it is still happening

and causing damage. The Mayor proposes increasing the penalty to a $1,000 and post the

penalty amount on new signage. The Mayor understands the need for an exception and CITY COUNCIL AUGUST 20, 2014 PAGE 25 OF 36

wants to be able to grant authorization for special circumstances. Attorney Nelson will

rd prepare an amendment to the code. Doug Hogan who lives on North 3 East commented

that he walks the asphalt trail daily and there is a very aggressive weed destroying the

asphalt. Mayor Smith requested that a work order be put in to take care of the issue.

st Director Skinner reported that the #4 hydro plant emitted smoke the 1 of the week. The

generator was pulled and sent to Blackfoot to be inspected. The generator was not

damaged but the issue is the dirt that accumulates due to the windows having to be opened

in the summer to cool the unit. The #4 unit is budgeted to be refurbished next year. CITY COUNCIL AUGUST 20, 2014 PAGE 26 OF 36

Director Skinner proposes to use excess funds in this year’s budget to put in a ventilation

system to cool the building and proceed with the refurbishing now that the generator is

already in the shop. Councilmember Lau moved to approve repairing the generator now

and pursuing ventilation using currently available Power funds. Councilmember Hart

seconded the motion. All in favor, motion carried.

Clerk Vorwaller presented a request from Student Body President, Siera Wistisen. The

request is for approval of the annual High School homecoming events. The bon fire is

th scheduled to be held at Kelly Park on Tuesday, September 9 and the parade will be on CITY COUNCIL AUGUST 20, 2014 PAGE 27 OF 36

th September 11 . The Mayor and Council discussed the events. Councilmember Hart moved

to approve the bon fire and parade contingent on the assistance of the Fire and Police

Departments and having school staff supervision at both events along with a commitment

to clean-up all nails and debris at the bon fire site. Councilmember Lee seconded the

motion. All in favor, motion carried.

Mayor Smith recommended the appointment of two new members to the Airport

Commission. He has spoke with Wade Clark and Jason Cunningham who are willing and

would be valuable members on the commission. Councilmember Lau moved to approve CITY COUNCIL AUGUST 20, 2014 PAGE 28 OF 36

the appointments of Wade Clark and Jason Cunningham to the City Airport Commission.

Councilmember Lee seconded the motion. All in favor, motion carried. The Mayor

mentioned there may also be some reappointments at an upcoming meeting.

Mayor Smith stated it was his pleasure to announce his recommendation for a new Police

Chief. He has been working diligently to come up with a candidate for the position. Chief

th Rice will be retiring on September 16 and a retirement party is planned for September

th 19 at the middle school. The Mayor recommended approval of Jon Bunderson as the new

Police Chief. Councilmember Lee moved to approve the Mayor’s recommendation to CITY COUNCIL AUGUST 20, 2014 PAGE 29 OF 36

appoint Jon Bunderson as the new Chief of Police for the City of Soda Springs.

Councilmember Lau seconded the motion. All in favor, motion carried. Mayor Smith

commented that he has absolute confidence that Officer Bunderson will lead the City’s

Police department in the right direction.

The Mayor recommended shifting $55,000 from the Police Department budget which is the

equivalent of one full time position to the Parks Department. His recommendation

including holding the funds in the Parks budget until spring and if some is needed in Streets

the budget would be reopened to utilize the funds where most needed. Clerk Vorwaller CITY COUNCIL AUGUST 20, 2014 PAGE 30 OF 36

explained that this adjustment and other major items included in the proposed budget

could be clarified in the motion to approve the annual appropriation ordinance.

Councilmember Hart introduced Ordinance #641 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, 2014 AND ENDING SEPTEMBER 30, 2015

PUSUANT TO THE PROVISIONS OF SECTION 50-1002, IDAHO CODE. A motion was then CITY COUNCIL AUGUST 20, 2014 PAGE 31 OF 36

made by Councilmember Lee and seconded by Councilmember Lau that the rules requiring

ordinances to be read on three separate occasions be dispensed with and that the

ordinance be read once in full. A roll call showed the following vote:

Those voting aye: Mitch Hart

voting nay: none

Lee CITY COUNCIL AUGUST 20, 2014 PAGE 32 OF 36

Robert

Absent:

Jon D. Goode

Motion Carried.

Clerk Vorwaller read Ordinance #641 at length. Councilmember Hart then moved to

approve the adoption of Ordinance #641 the annual appropriation ordinance for the 2015

fiscal year budget including the shift of $55,000 from the Police Department to the Parks CITY COUNCIL AUGUST 20, 2014 PAGE 33 OF 36

Department. The 2015 budget also includes a 3% property tax increase, up to a 3%

employee cost of living allowance, $10 rate increases to water and sewer, 5% power

increase and a 50% increase to water and sewer connection fees. Councilmember Lee

seconded the motion for adoption. A roll call showed the following vote:

Those voting aye: Mitch Hart

voting nay: none

Lee CITY COUNCIL AUGUST 20, 2014 PAGE 34 OF 36

Robert

Absent:

Jon D. Goode

Motion Carried.

(SEE ATTACHED COPY OF ORDINANCE #641 - ORIGINAL ON FILE)

Councilmember Hart moved to adjourn the meeting at 6:30pm, seconded by CITY COUNCIL AUGUST 20, 2014 PAGE 35 OF 36

Councilmember Lau. All in favor, motion carried.

RD PASSED AND APPROVED BY THE MAYOR AND CITY COUNCIL THIS 3 DAY OF

SEPTEMBER, 2014.

______

James R. Smith, Mayor CITY COUNCIL AUGUST 20, 2014 PAGE 36 OF 36

ATTEST:

______

Tausha Vorwaller, Clerk