MINUTES OF THE MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SODA SPRINGS, CARIBOU COUNTY, IDAHO HELD MARCH 21ST, 2012.

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

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

MITCHELL J. HART

TODD B. SMITH

EXCUSED: KIRK L. HANSEN, MAYOR

LYNDA LEE

ALSO PRESENT: Mark Steele Alan Skinner, Director

CHAT TV Staff Tausha Vorwaller, Clerk

Gene Lish Clyde Nelson, Attorney

Austin W. Robinson

Austin E. Robinson Bruce Lind

Jackie Robinson Kace Griffiths

Charles Fryar Grant Clegg

Don Clegg Benson Hegemann

Jacob Bybee DaNeil Bybee

Aaron Torgesen Aaron Brown

Dakota Bybee Colton Medina

Daniel Fryar Jeremy Banks

Ray & Ellen Mullen Al Wyler

The invocation was given by Gene Lish, Council President Prescott then led everyone in the

‘Pledge of Allegiance’.

Approved additions to the agenda included a discussion on the upcoming meeting schedule and the 4th of July carnival.

The minutes of March 7th, 2012 and the pre-paid accounts payable for March 2012 were reviewed and approved without exception by the City Council.

(SEE ATTACHED ACCOUNTS PAYABLE REGISTER FOR DETAIL)

Gene Lish asked the City Council if they wanted to support the 4th of July carnival with a commitment of employee time for setup and teardown and $1,000 in funds same as the last few years. Councilmember Smith moved to approve the $1,000 and the time for setup and teardown, seconded by Councilmember Hart. All in favor, motion carried.

Water Department employee, Austin Robinson gave a brief report to the City Council on attending the Idaho Rural Water Conference. Mr. Robinson explained that by attending these trainings he is able to earn the CEU’s necessary to keep his operator certifications up MARCH 21ST, 2012

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to date. He mentioned that there are lots of good classes and the advanced technology is amazing. He hopes the City can use these new technologies as budgets allow explaining the pipe linings with low excavation costs that could benefit lots of areas in town. Mr. Robinson thanked the Council for allowing him to attend. Councilmember Hart asked if it seemed like there were more waterline breaks this year. Mr. Robinson commented that there are certain areas that are worse than others.

Water Department Supervisor, Gene Lish also reported on attending the Water Conference. Mr. Lish thanked the Council for letting them attend. Mr. Lish stated that he is beginning his 22nd year with the City, attending all the conferences over the years at which the City won the best tasting water one year and he was chosen as operator of the year. Mr. Lish has served on several committees and it has always been a good learning experience. Mr. Lish mentioned that this year he attended fire hydrant and water tank repair and maintenance classes along with trench excavation safety and explained that he and Mr. Robinson attend different classes and then share the information they learn. Mr. Lish mentioned that certification used to be voluntary but now it is mandatory and these trainings are essential in order to satisfy the requirements of DEQ and EPA.

Council President Prescott welcomed the scouts and their leaders.

The Council reviewed the new farm lease agreement between the City and Wes Brown. Director Skinner explained that the City’s CRP ground has to be leased to a private individual in order to qualify for the CRP program The lease is for a 9 year period concluding on September 30, 2020 with Mr. Brown paying the City half of the annual CRP revenue. The initial working of the ground and seeding will be done by Mr. Brown and he will be reimbursed by the CRP program and the City for the expenses. Councilmember Smith moved to approve the lease with Wes Brown to farm the City’s CRP ground located East and Northeast of the City’s Ledge Creek Springs. Councilmember Hart seconded the motion. All in favor, motion carried.

Council President Prescott declared a public hearing open at 5:15pm for the purpose of giving consideration to the application of Ray and Ellen Mullen DBA Big Ray’s Equipment Co. LLC, of 2419 Valley View Rd, Soda Springs, Idaho for a Conditional Use Permit in a C-1 Neighborhood Commercial Zone to allow the placement of a commercial office building and equipment maintenance facility at approximately 510 East Hooper Avenue, Soda Springs, Caribou County, Idaho. Clerk Vorwaller read the notice of public hearing and reported that no written comments had been submitted regarding the conditional use permit request. Mr. Ray Mullen explained that he plans to locate a new business on Hooper Avenue increasing the tax base and creating a few new jobs. He mentioned that they have been doing business in the area for 35 years with well maintained facilities and requested the Council’s approval. He also mentioned that if approved he plans to break ground within 30 days. Council President Prescott asked for comments from the gallery. Al Wyler of 511 East Hooper Avenue which is right across the street from the proposed site expressed his MARCH 21ST, 2012

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support for Mr. Mullen’s new business and praised the Mullen’s for their support of the community. Don Clegg of 771 Hopkins Lane asked Mr. Mullen if his new business would create an increase in traffic on the bypass road that connects to Highway 30 East of this property. Mr. Mullen stated that he does not foresee using the bypass road to service his business. There were no comments in opposition. The public hearing was closed at 5:25pm. Director Skinner reported that the Planning and Zoning Commission recommended approval. Councilmember Hart asked if Mr. Mullen had future intentions for expansion of the business. Mr. Mullen stated that he does own cranes but has no intentions right now to have them stored on this property because all are in use. Councilmember Hart expressed concerns about the perception that approving the conditional use permit would give free reign to do whatever they want. Director Skinner explained that the conditional use permit would only allow them to do what they have specifically requested it for but also mentioned that the lots to the rear of this property are zoned C-3 and would allow the storage of heavy equipment. Councilmember Smith moved to approve the conditional use permit for Big Ray’s Equipment at approximately 510 East Hooper Avenue for the specific purpose of building a commercial office building and equipment maintenance facility. Councilmember Hart seconded the motion. All in favor, motion carried.

The Council reviewed the status of the Water Facility Planning Study. DEQ has approved a grant extension through December 31st, 2012 allowing the City to work with Keller Associates to address the questions and concerns previously submitted by DEQ and complete the study. The total cost of the study is $60,000 with 50% of that covered by the grant. Director Skinner briefly reviewed the questions and items that need to be addressed and asked the Council to approve the grant extension. Councilmember Hart moved to approve the mayor’s signature accepting the grant extension from DEQ. Councilmember Smith seconded the motion. All in favor, motion carried.

The payment requests for the WWTP project were reviewed. There were two requests from Forsgren Associates for construction observation and testing along with a final one from D & S Electric for the VFD’s. Councilmember Hart moved to approve the payments to Forsgren and D & S Electric as explained and outlined by Director Skinner. Councilmember Smith seconded the motion. All in favor, motion carried.

Director Skinner reported on the EPA compliance audit that was done on March 13th, 2012. David Domingo, EPA compliance officer in District 10 over Idaho was here and also DEQ representative Craig Borrenpohl. The audit was suppose to be a review of the compliance order but included much more and lasted 8 hours. Items reviewed and discussed included; lab coordination, flow monitoring, average calculations, load reporting, metals sampling, ammonia reporting and the surface water monitoring, WET testing and the I & I Study that EPA has no record of receiving. Also mentioned was that the compliance order should not have included anything on phosphorus removal. Director Skinner mentioned that EPA will send the City a review letter in 1 to 3 months and that our audit went better than some others.

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Director Skinner reported that the phase 2 engineering for the WWTP project has been forwarded by DEQ’s Pocatello office to Boise for review and approval. If the approval doesn’t come by the 1st of April then the City will need to notify EPA of the schedule delay.

The Council reviewed the proposal from Mckinstry to do a technical energy audit of all the City’s buildings and facilities. Director Skinner reported that Mckinstry representatives toured all the City’s buildings and propose to do the audit and provide capital costs to complete construction with payback amounts and length of time for $15,000. If approved they would do on-site work through May with the final study presented by the end of July. Councilmember Smith moved to approve the energy audit using available power funds, seconded by Councilmember Hart. All in favor, motion carried.

The Council reviewed additional information regarding Bruce Lind’s request to install asphalt on Cammack Drive. Director Skinner presented some history on the development of the Neff Subdivision including the adoption of the subdivision requirements and the passing of a resolution that stated the City will not furnish improvements to any real estate within the City. Mr. Lind reiterated the plowing problem and damage to his property. The Council agreed that the City would clean-up and repair his property and avoid further damage in the future. Councilmember Hart told Mr. Lind that the City is sympathetic to his issue but clarified that the city cannot improve his private property.

Councilmember Hart informed the Council that he will be absent for the April 4th meeting but can call in if he needs to.

Councilmember Hart 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 4TH DAY OF APRIL, 2012.

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Kirk L. Hansen, Mayor

ATTEST:

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Tausha Vorwaller, Clerk