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City of Kimberly minutes City Council October 28,2025 MEETING minutes 6:00 pm 242 Hwy 30 E., Kimberly, ID 83341 Provisions are being made to support Council, Staff and Public participation, in this public meeting, via a telephone conference call option, or you may attend in person. TO PARTICIPATE BY PHONE, call in at approximately 5:55 p.m. to the conference call number 1-240-794-4112 Enter the Pin number 996 050 491 followed by the pound # sign. CALL TO ORDER & PLEDGE OF ALLEGIANCE WELCOME – PLEASE TURN OFF CELL PHONES – THANK YOU ROLL CALL OF CITY COUNCIL MEMBERS City Clerk Carrie Kimball took roll call: Tomlinson-Yes Richman- Yes Duncan- Yes Snarr-Yes CEREMONIES, ANNOUNCEMENTS, PRESENTATIONS Kaerlie Snarr was present for his government class project. AMENDMENTS TO THE AGENDA None DECLARATION OF CONFLICT None 1. CITIZEN ISSUES – PUBLIC INPUT –No person shall be permitted to speak from a location other than the public podium. This section of the agenda is reserved for citizens wishing to address the Council regarding a City-related issue. In order to ensure adequate public notice, Idaho Law provides that any item requiring Council action must be placed on the agenda of an upcoming Council meeting, except for emergency circumstances. Comments related to future public hearings should be held for that public hearing. Persons wishing to speak will have 3 minutes. Comments regarding performance by city employees are inappropriate at this time and should be directed to the Mayor, either by subsequent appointment or after tonight’s meeting if time permitting. Public participation at a Kimberly City Council meeting is limited to participation in the public comment portion of the meeting. The City Council does not take any action or make any decisions during public comment. 2. PUBLIC HEARINGS RULES - Items listed as public hearings allow citizen comment on the subject matter before the Council. Residents or visitors wishing to comment upon the item before the Council should follow the procedural steps. In order to testify, individuals must sign up in advance, providing sufficient information to allow the Clerk to properly record their testimony in the official record of the City Council. Hearing procedures call for presentation by the applicant, submission of information from City staff, and is followed by public testimony. The rules for testifying include the following: applicant will have 15 minutes to present their project; testimony by the public will be limited to 3 minutes per person. Testimony at public hearings on applications brought forth from the Planning & Zoning Commission can be used to reaffirm previous testimony. PUBLIC HEARINGS: A. DISCUSSION – ACTION – Public Hearing – Council to receive the P & Z Commission -DIF Committee’s recommendation regarding the LK Godfrey Estates LLC, request for annexation of 5.67 acres located in the Kimberly Impact Area zoned Commercial Gateway. Property is contiguous to the southeast corner - Storage Land Parcel on the south side of Hwy 30 – point to point corner to corner. This property had previously been annexed in the city and was de-annexed due to municipal service deficiencies. The existing Commercial Gateway zone is compliant with the adopted Kimberly 2019, Comprehensive land use designation map and 2023 zoning impact map. Subject land is addressed as parcel No. RP10S18E179315, legally described as: Sec 17 T 10 R 18, Tax#2110 In S1/2 Se, respectively 22334 Kimberly Road. Subject property is zoned Commercial Gateway and is developed with existing legal conforming developments and one legal non-conforming use. Craig – LK Godfrey Estates representative – Council Action per adoption of Ordinance No. 687 Craig Eckles- reminded everyone that the Levy is right at 4% which is the lowest it has been in 27-years. It was over 9% when Select Source was in city limits. The DIF committee held their Public Hearing on 9/27/2025. They are corner to corner contiguous, and can connect to city utilities on the North side. Sewer Capacities have already been purchased, and we have that check ready pending an annexation tonight. The West and North boundaries are encompassing the City utilities. There is a fire hydrant on the north west corner. Craig is working with the Godfreys on a new map for the required records. There are legal non-conforming uses. The Commercial Gateway zoned site is developed with a Hardware store on site. It also has one (1) legal non-conforming food truck vender. There is a retail onsite Fizz Farm drive up business. The building permit for that was through TF County. As everyone knows whatever is on the land today, will follow and continue to be in operation with the land being annexed. Brian and Craig will be working the Godfrey’s regarding the Fizz Farm future water and sewer connections. Craig went through the packet, which included maps and the Staff Report. He reminded the Council that if they made the motion to approve, that it is approved with all the conditions listed and criteria stated in the staff report. (see attached packet, Staff report, and maps) Morgan Godfrey- 331 Red Rock Trail, Kimberly ID 83341- Morgan thanked the Mayor, Council, and Criag. He apologized that Lance Godfrey couldn’t make it, and that he would be standing in for him. He reminded everyone that Select Source used to be in the city limits, but as Craig pointed out the levy was above 9% and they were really struggling with that. He appreciated the Councils hard work on getting the Levy at 4%, and that this makes a huge difference as a business owner. Morgan and his family love the community of Kimberly and are pleased to have the opportunity to be back in city limits. Duncan- questioned if Fizz Farm was mobile and did they get a Building Permit if not. Craig- Stated no, they are not mobile. They got their Building Permit from Twin Falls County. Mayor Davidson- Opened the Public Hearing. Mayor Davidson- Closed the Public Hearing. B. DISCUSSION – ACTION – Council Action – Ordinance No. 687 – An ORDINANCE OF THE CITY COUNCIL OF THE CITY OF KIMBERLY, STATE OF IDAHO, ANNEXING CERTAIN REAL PROPERTY DESCRIBED BELOW; PROVIDING THE ZONING CLASSIFICATION THEREFOR; PROVIDING FOR THE NECESSARY ZONING DISTRICT / AREA OF IMPACT MAP AMENDMENTS; PROVIDING THE NECESSARY COMPREHENSIVE LAND USE MAP AMENDMENTS; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE UPON PASSAGE, APPROVAL AND PUBLICATION ACCORDING TO LAW. Mayor Davidson called for a motion: Council Member Snarr motioned to Dispense the 2nd and 3rd reading and pass by its first reading by Title only for ORD #687. Council Member Tomlinson seconded the motion. Roll Call: Tomlinson-Yes Richman-Yes Duncan- Yes Snarr-Yes Mayor Davidson called for a motion: Council Member Richman motioned to approve Ordinance No. 687 – and read by Title 687 - An ORDINANCE OF THE CITY COUNCIL OF THE CITY OF KIMBERLY, STATE OF IDAHO, ANNEXING CERTAIN REAL PROPERTY DESCRIBED BELOW; PROVIDING THE ZONING CLASSIFICATION THEREFOR; PROVIDING FOR THE NECESSARY ZONING DISTRICT / AREA OF IMPACT MAP AMENDMENTS; PROVIDING THE NECESSARY COMPREHENSIVE LAND USE MAP AMENDMENTS; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE UPON PASSAGE, APPROVAL AND PUBLICATION ACCORDING TO LAW. To include all conditions as outlined in Staff Report. Council Member Tomlinson seconded the motion. Roll Call: Tomlinson-Yes Richman-Yes Snarr-Yes Duncan- Yes Snarr-Yes C. DISCUSSION – ACTION – Public Hearing – DIF fees– Council to receive the P & Z Commission DIF Committee recommendation to amend Title 17 – Chapter 17.18 Development Impact Fees and applicable calculations and assessments for Hwy 3400 E / Hwy 30, intersection improvements, providing an opportunity for developers to participate upon request or in attendance at the noticed public hearing in the assessment update of the proportionate share of development impact fees per Title 67, Chapter 82 – Development Impact Fees. Craig – Council Action after public hearing closure per adoption of Ordinance No. 689. Craig Craig- Had Mayor and Council refer to the packet (see attached). He reminded them that when they started collecting the DIF, for the 3400-Hwy 30 traffic light-controlled intersection the cost for a new light was about $1.4 million with a $250,000.00 match. As you can see in the Staff report the latest estimate from JUB, to have a lighted intersection, is right at $2.3 million, with a match of $174,00.00, divided by approx. 576 new lots, comes out to $3,689.00 per building permit. We do not qualify for any grants, as you know the ITD qualifying criteria very well for over 12 years of trying to get awarded. With that said the Council is charged with life safety health and this intersection is one greatly impacted by new subdivision growth / traffic impacts. Craig asked Carrie to explain how we process the DIF payments. Carrie- Explained how the money gets to the DIF accounts at the bank. Craig bills it out on the Building Permit. The builder then writes a check, and it gets deposited to the Main bank account. Carrie then takes them and splits them out into the 6 different accounts. Writes a check to be deposited for those amounts and then balances all six of those at the end of each month. A spread sheet is kept for audit purposes. Craig- Stated, we all know, the DIF is tied to new development. The Commission did a very good job; he is very proud of them. Most of the Developers have been made aware. Mayor- questioned if the new development fall under this. Craig- stated yes only new development that actually impact this intersection. Duncan- Stated in reading the Commissions comments, there seems to be a lot of discussion around the MVMPO undertaking this review of HWY 50 and the Hansen Bridge. They rightfully wondered how that would impact the intersection at 3400 and Kimberly Rd. Theres not a lot of impact expected, correct? Craig- Thanked Nancy for being on that board. ITD has been out here at your Council meeting many times to discuss the status of the nine million dollars of EPA studies in the works. The NEPA, is starting the study for Hankins to the bridge. With that, because of that study, it included everything including the 3400E/Hwy 30 intersection. We all are hoping that the NEPA process will press some urgency to focus on the 3400 E/Hwy 30 intersection. We qualify as a category 8. That is high in property damage at that intersection. That is how we got ranked. People get impatient, aggressive and take risks, we continue to see the accidents. We are aware people use that to get to work everyday in Twin. That is part of the analysis. They just told us 192 fatalities for the State of Idaho this year. That is where the money goes. Loss of life is above property damage. Duncan- Stated even without the kind of outcome in the study, and if there is every any supplemental funding, can the City of Kimberly still use what’s been collected in our DIF fund to contribute to the cost of the intersection potentially our city match which will cost the city no matter what. Craig- stated Nancy was spot on. Absolutely we can use what we have collected. We could also use anything in contingency, streets, etc. We are required to do this update every year, and have been doing so since May of 2022. Duncan- asked if all of the builders have been notified, and how do they feel about it. Craig- stated no, he has not notified all. However, anyone that has asked about it or do constant building in Kimberly, are well aware of it via Gerald Martens heading the regional transportation group. Craig will not be sending out notices to them. Stated when he first got the DIF going, it was leaked and Building Permits were rushing in all-in-one day. There are 2 builders on the DIF committee. One was expecting higher. They all understand. They stated it would have been nice to see Kimberly Meadows, Ballards, and a few others having to contribute. It was those lots that kicked it off, but also understand they were the builders then too. The compilation of the years finally creates growing pains, and this intersection is one of them no difference than the Perine Bridge area. Mayor- Stated in reading the report, one of the Commissioners asked why the City was pushing for the DIF. Mayors feeling is Kimberly has skin in the game. Craig- stated his response was reminding them the Commission and Council, we are liable to the center of the road. That’s 3400 E. on the east side and Hwy 30 on the south side. Mayor Davidson- Opened the Public Hearing. Mayor Davidson- Closed the Public Hearing. D. DISCUSSION – ACTION – Council Action - Ordinance No. 689 - An ORDINANCE OF THE CITY OF KIMBERLY, IDAHO, AMENDING CITY CODE, TITLE 17, CAPTER 17.18 SCHEDULE OF DEVELOPMENT IMPACT FEES, AND ASSESSMENT CRITERIA; SECTION 17.18.050 DEVELOPMENT IMPACT FEES IMPOSED; PROVIDING FOR A REPEALER CLAUSE; P R O V I D I N G F O R A S E V E R A B I L I T Y C L A U S E ; A N D P R O V I D I N G F O R T H E E F F E C T I V E D A T E O F THIS ORDINANCE UPON PASSAGE, APPROVAL AND PUBLICATION ACCORDING TO LAW. Mayor Davidson called for a motion: Council Member Snarr motioned to Dispense the 2nd and 3rd reading and pass by first reading by Title only for ORD #689. Council Member Tomlinson seconded the motion. Roll Call: Tomlinson-Yes Richman-Yes Duncan- Yes Snarr-Yes Mayor Davidson called for a motion: Council President Duncan motioned to approve Ordinance No. 689 including staff report criteria- An ORDINANCE OF THE CITY OF KIMBERLY, IDAHO, AMENDING CITY CODE, TITLE 17, CAPTER 17.18 SCHEDULE OF DEVELOPMENT IMPACT FEES, AND ASSESSMENT CRITERIA; SECTION 17.18.050 DEVELOPMENT IMPACT FEES IMPOSED; PROVIDING FOR A REPEALER CLAUSE; P R O V I D I N G F O R A S E V E R A B I L I T Y C L A U S E ; A N D P R O V I D I N G F O R T H E E F F E C T I V E D A T E O F THIS ORDINANCE UPON PASSAGE, APPROVAL AND PUBLICATION ACCORDING TO LAW. To include all conditions as outlined in Staff Report. Council Member Tomlinson seconded the motion. Craig Roll Call: Tomlinson-Yes Richman-Yes Duncan- Yes Snarr-Yes Craig- We are doing the right thing here as we continue to grow. Life, safety, health. Snarr- Wanted to go on record and thank Craig for all of his time, hard work, and dedication with everything he does for the city. She believes no one truly knows how much time goes into what Craig does. Mayor and the rest of Council concurred. 3. NEW BUSINESS: A. DISCUSSION – ACTION – Council to consider resolution No. 391 repealing resolution 363 regarding the Special Event Application criteria. This is not a public hearing. Craig – Council Action per adoption of Resolution No. 391 Craig- Stated it has been difficult with this because he has to adhere to land use regulations. He has noted it in the “where as’” portions. Craig referred Council to look at the maps in the packet (see attached) and notice the right of ways are in white. There is no white “key” on the map. Craig doesn’t have any regulations for the “white zones” on the maps. That was being tied to this type of application to areas that don’t have land use ordinances. Mr. Stover created a fabulous document and we have used that. The only change will be on page 4 of the application (see insert). Duncan- Stated to be clear, this Resolution clarifies there are no delineations on the right of ways. Craig- Stated that is correct, there are no delineations on the right of ways. Craig has applied in the past the no vender, no this, no that, that tied to actual lands. Something actually zoned that, which it does not. That is the only change. He encouraged them to go through the Special Event Application, Exabit B, how its there today, then you will see the new page 4. He re-read the * portion (see insert). Mobile Venders and carnival-fair, has been added to the application. It’s just like the Private Party events. There are the changes. This is not a Public Hearing. Duncan- Stated, so rights of way owned by the Rail Road, is on the map in white there. So can those areas now be included in a Special Event Request. Craig- Stated that is up to the Council tonight. Again, if we read it, it states if they get the owners approval. If there is no answer after 14-days, it is considered complete and can go in front of Council for application approval. They have to provide the documentation of reaching out to all. Snarr- Stated, going forward it would be a Council decision, and allowing the 14-days to respond. If there is no response we just move forward. Craig- Confirmed that it will move forward however the Council chooses. B. DISCUSSION - ACTION – Council Action– Resolution No. 391 - A RESOLUTION OF THE CITY OF KIMBERLY, IDAHO, REPEALING RESOLUTION 363 AND ADOPTING RESOLUTION 391, AMENDING THE SPECIAL EVENT APPLICATION; AND PROVIDING AN EFFECTIVE DATE. Mayor Davidson called for a motion: Council Member Richman motioned to approve Resolution No. 391 - A RESOLUTION OF THE CITY OF KIMBERLY, IDAHO, REPEALING RESOLUTION 363 AND ADOPTING RESOLUTION 391, AMENDING THE SPECIAL EVENT APPLICATION; AND PROVIDING AN EFFECTIVE DATE. Council Member Tomlinson seconded the motion. Roll Call: Tomlinson-Yes Richman- Yes Duncan- Yes Snarr-Yes C. DISCUSSION – ACTION - Kimberly Business Owner Special Event Application – Annual St. Nicholas Festival 12-6-2025 – Craig – KBOA organizers - Council action required. Additional information shall be provided at the Council meeting- following Council action on Resolution NO. 391. Cassandra Searby- Craig- Stated he set out a map that he laid out. He worked with the KBOA group on that. On the application, that page 4, Morgan will have that page 4 to insert tonight based on the action that you all just took. At this point he will turn it over to them to go through the application. Morgan Godfrey (KBOA President) and Cassandra Searby (Chairwoman of St. Nicholas Festival)- Thanked the Council for adopting Ord. No. 391. They took turns going through the application. This is the 19th year for this event and they are thrilled to have it back on Mian St. again. They went through the road closures that were approved by Brian and Chief Bunderson. They will have a lost child booth, a first aid stand, and security. They went through the detailed map and addressed the event as a whole. They have a completed and on time application. They stated they were able to get all the signatures from surrounding businesses to support the road closures and vender trucks. They stated they had reached out to Monterey Jack’s to sell pizza by the slice, El Maguey for tacos, Fizz farm for hot chocolate, and Stevo’s for potatoes. They did not contact Riddley’s or Fiesta Ole. They stated they were having the window painting contest again along with other family friendly activities. Fireworks will be let off around 7:30pm. St. Nick’s is very near and dear to this community and they look forward to a great event. They hope to see the Mayor, Council, and staff there. Brian- confirmed he had looked everything over and feels good about it. He will ensure the streets will be closed off to make the event safe. Snarr- questioned if the road closure was to lengthy from 12:30 to 7:30 for residents. Chief- stated it will be fine and some of it will reopen when they shift to the fireworks portion of the event. Chief also stated he and some of his officers will be volunteering their time for security. He clarified again, the City will not be paying for the security. It is all volunteer. Morgan and Cassandra- thanked everyone again for approving the application and also to Craig for working with them through the process. Morgan asked that they put the condition of the 14-day waiting period for signatures for the City and Century Link. Duncan- thanked them for using the proper procedure in planning this event unlike a certain car show that just happened a couple of weekends ago. Craig- Thanked Morgan and Cassandra for a good application and going through the process the correct way. He stated the Chief was still looking into the car show situation and citations as the council had stated to do last meeting. Cassandra- wanted to remind everyone about KBOA’s Trunk-or-Treat this Friday at 5:30 in the main park. They already have 30 people signed up to participate in handing out treats! Mayor Davidson called for a motion: Council Member Snarr motioned to approve the Kimberly Business Owner Special Event Application – Annual St. Nicholas Festival 12-6-2025 pending the 14-day waiting period for business response. Council Member Tomlinson seconded the motion. Roll Call: Tomlinson-Yes Richman- Yes Duncan- Yes Snarr-Yes 4. UNFINISHED BUSINESS: None 5. CONSENT CALENDAR- Discussion - Action -The consent calendar includes items which require formal Council action, but which are typically routine or not of great controversy. Individual Council members may ask that any specific item be removed from the consent calendar in order that it is discussed in greater detail. Explanatory information is included in the Council agenda packet regarding these items and any contingencies are part of the approval. A. Approve Minutes for October 14, 2025 B. Accounts Payable for October 15, 2025 – October 28, 2025 General Fund $ 7,352.64 Water Fund $ 25,125.45 Sewer Fund $ 1,815.14 Library $ 3,321.03 TOTAL $ 37,614.26 Mayor Davidson called for a motion: Council Member Richman motioned to approve the Consent Calendar as presented. Council Member Tomlinson seconded the motion. Roll Call: Tomlinson-Yes Richman- Yes Duncan- Yes Snarr-Yes 6. ADMINISTRATIVE / STAFF REPORTS - Chief Bunderson- Stated he is wrapping up applicant testing and will move into the interview portion for the one position he still has open. He did Bagging for Bucks at Riddley’s last night to help raise money for the Special Olympics. On November 20, 2025 he will join TFPD at Texas Roadhouse for Tip-a-Cop for the Special Olympics as well. Last year out of the whole state, Twin Falls came in 2nd for most money raised. He hopes to come in first this year. The Flock cameras should be going in soon. There will be 2 right here in town and one just outside of town in County. Staff has already been training on it. Chief will be transitioning from using both IPPM and Lexipol to just Lexipol. Chief stated he will have a couple of officers at Trunk-or- Treat. They are volunteering their time. Brian Reed City Engineer/Public Works Director- Stated the crew is getting geared up for Winter. They are in the process of shutting down the PI Systems, and the RV Dump for the season. Brian confirmed he will be there to block off the streets from 4-8 for Trunk-or-Treat Friday. Big Sky has curbing placed and hopefully asphalt next week. Good Neighbor Sub- division is working on putting their base down for roads and sidewalks. City/P&Z Administrator Craig Eckles- Thanked Brian for the new signage on the streets. Its very effective. Red lights are coming for the new 4-way stop on Polk and Emerald and one for the 4-way at Center. Should be in the next week or so. Brain is keeping up with that. Craig appreciates that it was discussed in Staff meeting that equipment is being shifted around and being prepped for winter. As everyone knows, it is in the budget for a new 1-ton, approved by the Council the current one is barely hanging on. That is the vehicle that handles the big sander and spreader on the back. As well as all summer long for park maintenance. Currently I am in the process of acquiring sewer capacities, he collects those funds from new developments, and he tries to purchase those as much as he can. That process has started. The cost is passed onto the developers and is currently at about $3800.00 per capacity. That’s not connection to water and sewer. We buy that from Twin Falls. Will have to see what the new cost is coming down the road shortly. Craig will be spending more money for those from what has been collected over the last couple of years. This why you see the funds in our main bank accounts. Craig appreciates Carrie detailing a very important part of DIF. There are departments that are anxious to get some of that money. The proof is on Craig to ensure the building permit is what’s impacting the departments. Like a vehicle stopped for speeding, where is the driver’s license depicting residence, from the new growth say in Patterson Farms, Olsen Farms or not. It’s very detailed, and that’s why a town over in Ada County is refunding over $500,000.00. They had the money due to putting it aside like we do. Craig stated the library is requesting money as well. Craig had Carrie pull up the city web page. One of the first items you see is an email from TDS. It reads as follows and has been there since April of 2023. Craig had Carrie read the email from TDS that is on the City web page. TDS PAUSES FIBER PROJECT IN KIMBERLY “Installing a network at 30-36 inches in the right-of-way and assuming responsibility and liability for the cities' water utility is economically impractical for the time being." From: Worrell, Josh <Josh.Worrell@tdstelecom.com> on behalf of Worrell, Josh Friday, April 7, 2023 8:37 AM To: Craig Eckles Cc: Petersen, Andrew (Sr. VP - Corporate Affairs); Woodworth, Stacie; Soczka, Wade TDS Update Subject: TDS pause / stops fiber project in Kimberly - not able to comply with right of way depth requirements and assuming responsibility and liability for the cities utilities. Craig, Thank you for your time and willingness to meet with TDS over the last several months. It has been a pleasure getting to know you and learning more about the communities you serve. Regrettably, I am writing to inform you that TDS must pause our fiber build project at the present time. As previously discussed, deploying a fiber network is a long-term, capital-intensive investment. Through our ongoing discussions and our associated economic analysis of this investment, we have learned that installing a network at 30-36 inches in the right-of-way and assuming responsibility and liability for the cities' water utility is economically impractical for the time being. As a result, our leadership has asked us to pause our expansion efforts in your community at this time. While this news is likely as disappointing to you as it is to TDS, my hope is that you will remain open to TDS expanding to your community at a future date if circumstances change. Please do not hesitate to contact me with any questions you may have. I eagerly await the opportunity to speak with you at a later time. Sincerely, Josh Worrell Joshua Worrell Sr. Manager-Business Development (314) 724-4023- Cell (608) 664-9530- Office Josh.Worrell@tdstelecom.com Craig reminded everyone that the city and City Administration are constantly being attacked on social media, because the City Public Works Engineer stopped TDS from coming into town. There are 9 other cities in litigation. Its very extensive litigation. The issue is property being torn up and left for the home owner to fix it out of their pocket. They would start at one end of town and go clear to the other side without fixing any damaged issues they caused. Surrounding cities cautioned Kimberly about this issue. If a water line were to be punctured, a sewer line torn into, sprinkler system pipes ripped up, etc., they want people to call City Hall and have the city fix it. All someone has to do is read the many news articles out there. The company Josh was with is no longer. There was a 60% cut in funding. He has moved on to greener pastures. Craig and Brian have been dealing with a new person from TDS yesterday. We will treat them the same as other utilities that come through Kimberly. No matter who it is, when they come in to install their project, if they damage property they fix it, period. This city cannot, and does not have the staff to fix the utility company’s mistakes. Craig feels he had a very good conversation today with the new representative from TDS, and it was made very clear again, if you damage something or tear something up, you will fix it back to working order equal or better than before the TDS project order. Not the City. Not the home owner. Another thing that hit social media was regarding PMT. Craig asked Brian, “Brian, have you ever received anything from PMT regarding Bonding” Brian- stated, “no I have not” Craig- right. So again, misinformation on Facebook from folks we know. You want to be very careful what you are putting out there or agreeing with false information. Cities are really starting to go for Liable Slander. If you don’t have the facts, don’t put it out there. Craig was surprised to see that post about PMT, he has dealt with them for 10+ years. Craig asked Brian, “Did they come to a site Brian and want to block a piece of property that could be sub-divided and was under development” Brian- stated, “yes, and we suggested an alternative option for them, and have never heard back from them” Craig- stated he would never allow for a utility company to come in and put these boxes in front of a person’s area that was being considered for sub-dividing. That would be allowing them to block off the access. That will never happen. There is always an alternative. He referenced Infinity Dental, they wanted to put the big box you see on Emerald, at the back door of the Dental office on Center. That’s a no. They spent a lot of money to make that building have great curb appeal on all sides. Thank you, Travis Sheaperd. We have private property owners right now being contacted by PMT to tie up private properties. Residents are calling in wondering what to do. They need to be careful what they are signing with these companies. These companies are looking for ways to go around the city so they don’t have to comply with minimum standards required for the City owned right of ways. These are state standards that are not extraordinary requests. The city has now control or say in how these companies access damage utilize private property owner properties. Duncan- confirmed that when the talks were happening with these utility companies, the other cities in litigation with TDS didn’t set high standards. We set the minimum standards, and they did not want to comply. Brian- stated yes, that is correct. Craig- confirmed these would be the same standards for companies like Crown, Sparklight, Century link Intermountain Gas, Id. Power, etc. This goes right along with the alley ways here in town that are obstructed. Idaho power franchise agreements state, there shall be no obstruction, and that started 40-years ago. He will be taking this to Legal Counsel in near future. Again, Craig is cautioning to make sure you have actual facts before putting it out there. He stated everyone has freedom of speech, but be cautious when talking about city related issues, especially if you are a part of the Governing body. When you are, you act as a “whole” not as an individual. Snarr- Questioned what the response was from the new representative. Craig- Josh from TDS called him regarding the city being attacked badly with false information. The person who posted that the city turned down a bond from PMT will be hearing from this company and have to answer to the false allegations. The new representative from TDS was brought up to speed and agreed with the standard requirements. They will be revisiting the issue. Craig stated he was very savvy and respectful. Duncan- stated she knows the community wants more options and faster connections. However, the city has no authorization how these companies damage private property. The city has to protect the infrastructure in the public owned right of ways, to the best of our ability and not let these companies come in and destroy City property and try to make these companies responsible for the private property owners know who and when damages on private property will be repaired and put back together. We can’t make an uninformed decision. Craig- stated that is exactly right. Again, when it comes to social media, he can’t express it enough, if you can’t back it up with facts, don’t post it. Craig and Legal counsel have cautioned staff to not participate. We had a Council person that got in big trouble over Facebook. It’s important to put out there, we do not get involved with things on private property. They have that full right for utility easement. Again, on Facebook it was said that the city was a sub- contractor for them. Again, false information. Liable Slander. We have absolutely nothing to do with that. Craig hopes the public is savvy enough to read what they are asked to sign by these companies. Again, once something is dropped off to the city, it becomes public information. We get copies of social media stuff dropped off all the time. Mayor- clarified, the city doesn’t have the budget or staff to go around cleaning, up, repairing, and handling what these companies leave behind. Carrie Kimball City Clerk- Had nothing further to add for the night. 7. COUNCIL COMMENTS - None 8. MAYOR COMMENTS – Advised council he would be at City Hall at 5:00 to head down to the park, for Trunk-or-Treat, if anyone wanted to ride down there with him. 9. EXECUTIVE SESSION – DISCUSSION-ACTION ITEM- None ADJOURNMENT: _______________________ ______________________ City Clerk-Carrie Kimball Mayor- Burke Davidson
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