MINUTES OF THE MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SODA SPRINGS, CARIBOU COUNTY, IDAHO HELD MAY 2ND, 2007.

MEETING CALLED TO ORDER AT 5:00PM BY RANDALL E. PRESCOTT, PRES.

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

MITCHELL J. HART

LYNDA LEE

ARNELL R. WALKER

EXCUSED: KIRK L. HANSEN, MAYOR

ALSO PRESENT: Chief Rice Lee Godfrey, Director

Debbie Pugmire Tausha Vorwaller, Clerk

Nick Pugmire Clyde Nelson, Attorney

Ken & Mary Finlayson

Rodney Wood Bob & Valerie Bolton

Paul Gritton Mark Snooks

The invocation was given by Arnell Walker, Council President Prescott then led everyone in the ‘Pledge of Allegiance’.

The Council reviewed the minutes from the last meeting. Councilmember Hart moved to dispense with the reading of the April 18th, 2007 minutes and approve them as written. Councilmember Lee seconded the motion. All in favor, motion carried.

Debbie Pugmire of 820 East 3rd North spoke to the Council regarding the offensive smell that comes from Soda Springs Phosphate. Mrs. Pugmire mentioned that three years ago she and others presented a petition and expressed concerns about this problem and it has not gotten better. Mrs. Pugmire strongly expressed her frustration with the situation stating that she feels the City Council is not looking out for the citizens. Mrs. Pugmire quoted City Code and pointed out that Soda Springs Phosphate is in violation of the nuisance ordinance. Mrs. Pugmire commented that she knows that the current Councilmembers were not the ones that made the decision to allow Soda Springs Phosphate to lease the City Property but they all have the power to stop them now. Mrs. Pugmire requested that the Council address the problem and do something to end it.

Ken Finlayson of 1000 Kelly Park Road also addressed the Council expressing the same concerns about the offensive odor from Soda Springs Phosphate. Mr. Finlayson asked if the Council was aware of the problem, if they knew where the problem originated and if there is a law that is being broken that should be enforced? Mr. Finlayson feels it is the Council’s responsibility to enforce the City Ordinances. Mr. Finlayson commented that he remembers the smell being bad clear back in the 1970's. Mr. Finlayson stated that he has been here a long while trying to build up the City and feels waylaid by the City’s inaction to this problem. Mr. Finlayson explained that he has three homes for sale that are affected by the smell and he is concerned every day about whether he will be able to

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sell them. Mr. Finlayson mentioned that he requested a copy of Soda Springs Phosphate’s lease and in reviewing it he feels there are several things in the lease that can be used to stop this operation. Mr. Finlayson commented that he feels this is a larger issue than the Council wants to admit and requests that in the spirit of clean-up week that the Council clean-up this problem.

Bob Bolton of 340 North 7th East also expressed his concerns about the offensive odor. Mr. Bolton mentioned that he has lived in the Finlayson Subdivision since 1977 and the previous owner of Soda Springs Phosphate had the same problem and it used to be even worse. Mr. Bolton mentioned that many times you have to just go in the house and close the windows because the smell is so bad. Mr. Bolton expressed his frustration with the situation and mentioned that he has been before the Council before and feels they are not being listened to. Mr. Bolton explained that he has gotten to the point that he feels there is nothing he can do, he owns his home and doesn’t want to move and has learned to live with smell but wishes the City would take the problem more seriously.

The Council replied to the concerns of those in attendance and assured them that their concerns had not fallen on deaf ears. Councilmember Prescott stated that he agreed with everything that was presented and Councilmember Lee agreed that the odor was very offensive. Councilmember Hart commented that he hadn’t seen a lot of complaints until this spring and he has recently met with Larry Simmons the owner of Soda Springs Phosphate. Mr. Simmons knows there is a problem and is asking for patience to let him finish his production period through the end of May and then he will be working on solving the odor problem. Mark Snooks of 350 North 7th East commented that he has smelled it year after year and the smell changes but never goes away. Mr. Snooks requests that a firm date be set and either it really improves or the operation goes away.

Mr. Finlayson comments that he feels his activity of building and selling homes is legal and is taking second priority to an activity that is illegal. Mr. Finlayson stated that he is not willing to be too patient. Mr. Finlayson also commented that he envisioned himself as part of a citizen group that the Council was elected to look out for but feels like he is the bad guy. Councilmember Hart suggested that a couple of the Council and a couple of the concerned citizens meet with Larry Simmons to discuss their concerns and expectations and agree on a time frame for a solution. Councilmember Hart moved to approve that a meeting be held with Mr. Simmons as soon as possible before next council meeting. Councilmember Walker seconded the motion. All in favor, motion carried.

Attorney Nelson presented the Monsanto sewer agreement for review. The agreement was revised as approved at the last meeting which included language stipulating that the City will not terminate Monsanto’s sewer contract while they are paying toward a capital obligation unless Monsanto violates any term of the agreement or law, also added per the Mayor’s request was the inclusion of the same wording in the extension of the

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agreement. Councilmember Hart suggested some additional changes which Attorney Nelson reviewed in detail. Councilmember Prescott expressed his concern that these additional changes were not discussed at the last meeting and was under the impression that Mayor Hansen wanted this finished. Councilmember Walker also mentioned that he did not want to make more revisions if it was going to prolong the final approval. The Council discussed the additional changes at length. Councilmember Lee moved to approve the addition requested by the Mayor and also the additional changes suggested by Councilmember Hart as detailed by Attorney Nelson. Councilmember Hart seconded the motion. All in favor, motion carried.

The Council considered a training request from Police Secretary, Teresa Watkins. Councilmember Lee moved to approve Mrs. Watkins attendance to the Idaho Spillman Users Delegation and the Idaho Law Enforcement Telecommunications System Conference in Boise, May 7th, 8th and 9th. Councilmember Walker seconded the motion. All in favor, motion carried.

Director Godfrey and Attorney Nelson informed the Council that the City of Preston has asked Director Godfrey to be their back-up Class III WWTP Operator. Director Godfrey reported that Mayor Hansen has some concerns with the situation. Attorney Nelson suggested that Director Godfrey could do this as an independent contractor for Preston on his own time and using his own vehicle. Councilmember Prescott mentioned that the City didn’t need to approve Director Godfrey to do this, that it was entirely up to him. Director Godfrey mentioned that he will tell Preston to pursue other options.

The Mayor and Council reviewed the payroll and accounts payable for April, 2007. Councilmember Lee moved to approve the payroll and accounts payable for April 2007, seconded by Councilmember Walker. All in favor, motion carried.

(SEE ATTACHED PAYROLL AND ACCOUNTS PAYABLE REGISTERS FOR DETAIL)

Budget items were reviewed. Insurance increases and options considered. The Council requested that a couple other options be requested for consideration. The estimated beginning fund balances were reviewed. Director Godfrey informed the Council of an

upgrade needed to the significant power line that runs from the substation to the south City limits. The estimated cost to consider for budgeting is $200,000. Also, a water facility plan study grant has been applied for and received which will cover 50% of the study at an approximate cost of $130,000.

Councilmember Walker and Director Godfrey gave a report on the County meeting they attended on April 26th regarding the Area of City Impact. Attorney Nelson suggested going into executive session to discuss the issue which could result in possible litigation. Councilmember Hart moved to approve entering executive session pursuant to I.C. 67-

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2345(f) to communicate with legal counsel. Councilmember Walker seconded the motion. A roll call showed the following vote:

Those voting aye: Mitch Hart Those voting nay: none

Arnell Walker

Lynda Lee

Randy Prescott

Motion carried.

Councilmember Hart moved to approve exiting executive session, seconded by Councilmember Walker. All in favor, motion carried. No decision pending or required.

Councilmember Hart moved to adjourn the meeting at 7:00pm, seconded by Councilmember Lee. All in favor, motion carried.

PASSED AND APPROVED BY THE MAYOR AND CITY COUNCIL THIS 16TH DAY OF

MAY, 2007.

Kirk L. Hansen, Mayor

ATTEST:

Tausha Vorwaller, Clerk