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Minutes - July 08, 2026

minutes meeting date 2026-07-08 · fetched 2026-09-17 · 18042 characters · read by OCR, check numbers against the source · official file · plain text

CITY OF SHELLEY
COUNCIL MEETING
MINUTES

July 08, 2026

PRESENT: Mayor: Kim Westergard
Council Members: Leif Watson, Don West, Sean Kress (Absent),
Louise Street
Public Work Director: Justin Johnson
Police Chief: Chad Purser
City Building Inspector/Planner: Jordon Johnson
Recreation Director: Mikel Anderson
Attorney: B.J. Driscoll
City Clerk/Treasurer: Lisa Ybarra

Pledge of Allegiance: Chief Chad Purser
Invocation: Attorney B.J. Driscoll

The meeting was opened at 7:35 p.m.
Leif moved; Louise seconded to approve the consent calendar:

Approval of Council Meeting Minutes of June 24, 2026
Approval of Building Permits

Hunter Yorgesen Single Family Allen Messick Fence
Hunter Yorgesen Single Family Frankie Reroof
Hunter Yorgesen Single Family Brian Mclean Reroof

Marshall Kenney Reroof

A roll call vote was taken: Louise — aye, Don — aye, Leif — aye. Three in favor, one
absent.

Consider adopting Resolution for Tennis and Picklebali Courts reservation fees
Leif moved, Louise seconded to adopt Resolution 26-02 for the Tennis and

Pickleball courts reservation fees as stated. Three in favor, one absent.

Consider adopting Resolution for Temporary Flat Water Flow Rates Based on Lot
Size

Louise moved, Leif seconded to adopt Resolution 26-03 for the temporary flat
water flow rate based on lot size as stated. Three in favor, one absent.

Consider approval of Will Serve Letter for Fox Crossing Division 2 and 3
Jordon stated that there are 47 lots in division 2 and 52 lots in division 3, 99 total

lots. B.J. asked Blake with Fox Crossing how time sensitive this approval was
because there is an outstanding balance owed to the city from Fox Crossing for
previous commitments, not with the request made tonight. B.J. mentioned that
Council could still vote to approve the request with the outstanding balance but
there are concerns to approve a Will Serve Letter to offer services when there is

Council Meeting — July 08, 2026

an outstanding balance due to the city. There are not disputes, the city hasn’t
received payment just yet. Blake mentioned that the Will Serve letter would be
submitted to DEQ for approval of the drawings and does not commit to long term
projects. Blake also mentioned that the Council would still need to look at the
final plats and would still have options to decide to approve the final plat. Leif
asked what the outstanding balance was. Jordon mentioned that in April, the
payoff was $16,640 with a daily interest of $4.67. Leif asked if the balance was
from the sewer capacity, Jordon said it was. Blake mentioned if he could have the
information sent to him and he can communicate the information to have the
balance paid. Blake also asked if there was a possibly that the Will Serve letter
could be approved with by adding a condition to approve upon receiving
payment. Don agreed. Don moved, Louise seconded to approve the Will Serve
Letter for Fox Crossing Division 2 and 3 for a total 99 single family residential lots
upon receiving payment. Three in favor, one absent.

Consider adoption of Ordinance annexing and rezoning property owned by GRC
Land, LLC c/o Gary Dial based on the Planning and Zoning Commission’s

recommendation to approve the annexation and rezoning of GRC Land LLC c/o

Gary Dial — Approx 1387 N 750 E, parcel RP0473800 and RP0473000 with zoning

designation change from Residential Agriculture and Agriculture to Single Family
Residential

Kevin Wetland with Harper-Leavitt Engineering Inc. was present. Don mentioned
that previously, Council talked about looking for water in order to meet future
growth. It was mentioned that council require that some of the water rights for
the properties that are annexed in to be moved over to the city. Don asked if this
is something that needs to be looked at in this proposal. B.J. said it would be but
at this stage, the council is only doing the approving the annexation and
designating the zoning. Leif moved, Don seconded to suspend the reading of
ordinance #673 on three different days and read the title of ordinance of
ordinance #673 once. Three in favor, one absent. Leif moved, Don seconded to
adopt ordinance #673 regarding an ordinance annexing certain lands and
designating the zoning for said lands as single family residence district (R1);
amending the zoning map; and providing for an effective date. Louise — aye, Don
— aye, Leif —- aye. Three in favor, one absent.

Consider approval of Planning and Zoning Commission’s recommendation to

change Title 10-9-4 (N) Home-Based Businesses
B.J. stated that Josh (P&Z Chairman) did a good job on the changes that P&Z

worked on. It was asked by the changes were being recommended. Jordon
mentioned that he believes it started when a resident filled out a city business
license to make gun suppressors out of their home and there wasn’t a type of
home occupation that fit the business. The P&Z is doing some house cleaning and
adding to the current ordinance for 10-9-4 (N}) Home-Based Businesses to create
more types of home occupations that would fit different home businesses. Mayor
Kim asked if council would like to review the material and add the line item to the
next agenda. Don and Leif agreed. Leif moved, Louise seconded to table this item
and add it to the next council agenda. Three in favor, one absent.

Consider approval to ban sale of Kratom within city limits
Chief presented information he had on the sale of Kratom in other cities. He

mentioned that the City of Blackfoot passed an ordinance last night that set a

Council Meeting — July 08, 2026

penalty for selling kratom. Chief mentioned that the attorney for Blackfoot is
Garrett Sandow which is the Shelley Police Departments prosecuting attorney.
The first violation is a of $250 infraction, the second violation within two years of
the first infraction is $500 infraction, the third violation within two years of the
first infraction is a misdemeanor which is 90 days in jail and up to a $1,000 fine.
The City of Blackfoot does have an exception because of emails received that
people have it in their teeth as a pain reliever but the amount of kratom is about
.02 which is an acceptable limit. The City of Idaho Falls has an ordinance of two
paragraphs which defines the products and then also states that “it shall be
unlawful for a person to sell or a person to offer to sell.” There is not a specified
penalty which would default to a misdemeanor. Chief stated he liked the City of
Blackfoot approach minus the exception. The City of Blackfoot’s ordinance goes
into effect August 1°. B.J. will work on a similar ordinance to add to the City
Ordinance. Chief also stated that after speaking with Garrett, the DEA is making
some moves on Kraton within 60-90 days and it will go back to the State
Legislature. Mayor and council thanked the Chief for his research.

Consider approval of strip ping lines on the North parking of the City Park
Justin mentioned that the stripping would be between Maple and Oak Street

where Jaylee made the four handicap stalls as part of her senior project. Justin
said he would like to continue to paint the lines down Oak Street at an angle. Don
moved, Leif seconded to approve stripping lines on the North side parking of the
City Park. Three in favor, one absent.

New Council Business —

Consider approval of General Business Licenses

Leif moved, Louise seconded to approve the general business licenses for lacono
Legacy LLC, Idaho Sharp LLC, Miss Z’s Baked Goods, and Rustic Home Co. Three in
favor, one absent.

Consider approval of Mobile Food Vendor
Louise moved, Don seconded to approve the mobile food vendor for Creamy

Daze. Three in favor, one absent.

Old Council Business

Consider approval of revised City Vehicle Usage Policy

B.J. mentioned that he has reached out to ICRMP for information about coverage.
He also mentioned that he drafted a Fuel Card policy but because it was not on
the agenda, council could not make a decision. Leif mentioned that Sean was not
in attendance and he was a part of this item as well and asked if the council
should look over the vehicle usage policy and the fuel card policy and make a
decision at the next council meeting. Don agreed. Louise moved, Leif seconded to
review this item and table it until the next council meeting. Three in favor, one
absent.

Department Head Reports
Chief mentioned the Dakota has a couple of weeks left and is doing great. There is

a task force in place until July 13 which is the aggressive driving.

Justin mentioned that the crew has about 2 more days of painting lines. They
started flushing sewers. They have also been out trimming bushes and trees

Council Meeting — July 08, 2026

around stop signs and they have been straightening stop signs. Justin also
mentioned that all of the projects in subdivisions with Fox Crossing, Cooper
Meadows, Sunset are going smoothly. Justin said with the water project that
Shelley Ave is about half way done and they have Brent Way and W Locust to do
and they have about 85 service lines in. There will be an open bid meeting on the
14" at 2 pm for phases 4 & 5 of the water project. VMCCA car show/swap meet
gave everyone a card and gave thanks to the city for allowing them to use our City
Park and they plan to come back next year. The VMCCA had a good turn out and
had around 200 cars. Justin mentioned that tomorrow would be the first movies
in the park with GOAT showing. ICCU would be there with snacks and Broken Bar
Apparel will be there with snacks. Mayor Kim mentioned that the farmers market
would be going on before movies in the park. Leif mentioned that the farmers
market has been doing really good, there are a lot of great vendors, and raffles.

Jordon mentioned that the coordination meeting would be tomorrow at 9 am.
Jordon also mentioned that they are running a little behind schedule at Brinkman
Park. Don asked if the grand opening needed to be pushed back. Jordon
mentioned that at this point it might be a good idea. Don asked if they could start
on the landscaping while waiting for the shelter. Jordon will report next meeting
with an update and if the grand opening should be pushed back. Jordon also
mentioned that the school is adding an accessory building. The LDS church is
going okay and also The Tractor Supply is going good.

Mikel said the pool is doing good and the swimming lessons are doing good. Mikel
mentioned that he has flyers for the Children’s Market that will be August 13".
Flag football signups are going now and he will begin painting the fields next
week. MYAC reached out to him and they would like start doing somethings
before school starts. Mikel also mentioned that Tree City wants to do Yard of Year
and anyone could nominate a neighbor and prizes will be given out in August.

Lisa mentioned that she added a flyer about the City Picnic in the Mayor and
Councils binder and all employees have received it. Lisa also mentioned that iii-A
Insurance will be coming to the City to do their open enrollment presentation on
Wednesday, August 19°" at 2:30 and it would be about an hour.

B.J. would like to give the council more updates in executive sessions under 74-
206 (1)(B) & (F).

Council Reports
Leif stated that he appreciates the Chief and the officers during the fireworks and

fires. Leif also thanked everyone for everything that has been done leading up to
the water project and the Knife River is doing a good job. Leif thanked everyone
for everyone.

Don agreed with Leif. Don mentioned that he was approached by a member of
the community that wanted to pass along their thanks to everyone. Don
mentioned that the city is fortunate to have everyone and their work to take care
of the city. Don also asked Chief to thank his officers for their work and he
appreciates the efforts with kids riding electric riders and getting it under control.
Louise mentioned that there are some kids that ride them and they do not have
drivers license to ride the electric bikes. Mayor Kim asked if the city could doa

Council Meeting — July 08, 2026

bike rodeo at the park for educational purposes. B.J. asked if he could clarify what
the current state of the law. Chief mentioned that if there are pedals then it is
considered an electric bike and if there are no pedals it is considered a motorcycle
and they are subject to helmet laws, motorcycle endorsements. B.J. asked then if
they should not be on the sidewalks and only on the roads and then should be
operated by licensed operators. B.J. mentioned if it could be possible to approach
the schools do an assembly when school is in session again about the
safety/dangers of using the electric bikes and electric scooters and the laws.

Louise said she appreciates everything going on in the city. Louise mentioned that
she has received good comments from neighbors that Knife River workers are
very friendly and very helpful and they going a good job. Louise appreciates
everyone for their work and the city wouldn’t be as good as it is without each of
them.

Mayor Kim asked if the sidewalks on main street in front of businesses if it was up
to the business owners to fix the entrance to their businesses because she has
received two complaints about big pot holes at the Mexican restaurant and the
Mayor asked the if this is something that the city needed to talk to them about.
Justin said it was and he has been in conversations with the owner about two
years ago and mentioned the sidewalk replacement program that we could help
and the Mexican restaurant had a contractor in line but something happened and
it didn’t get done. Mayor thanked everyone for all the hard work and she
appreciates everyone.

Executive Session

Louise moved, Leif seconded to go into executive session 74-206 (1) (B) & (F) to
consider the evaluation, dismissal or disciplining of, or to hear complaints or
charges brought against, a public officer, employee, staff member or individual
agent. And to communicate with legal counsel for public agency to discuss the
legal ramifications of the legal options for pending litigation, or controversies not
yet being litigated, but imminently likely to be litigated. Louise — aye, Don — aye,
Leif — aye. Three in favor, one absent.

Louise moved, Leif seconded to adjourn executive session and enter the regular
council meeting. Three in favor, one absent.

Mayor Kim stated that during the executive session discussion was based on 74-
206 (1) (B} & (F) to consider the evaluation, dismissal or disciplining of, or to hear
complaints or charges brought against, a public officer, employee, staff member
or individual agent. And to communicate with legal counsel for public agency to
discuss the legal ramifications of the legal options for pending litigation, or —
controversies not yet being litigated, but imminently likely to be litigated.

Adjourned: 9:40 p.m.

APPROVE: LBs 8 _—_ ATTEST: Lay loaitee

Council Meeting — July 08, 2026

_{June Amount
6\Idaho Central Credit Union |
5: Idhao Falls Chukars
_ 3 Rick Garret
_ 6/1/2026; Mikel Anderson
___ 6/3/2026|Chad Purser
6/3/2026|Justin Johnson 534.75
3| Leif Watson

5,058.98 |
_ 1,300.00 |
750.00
51.00
170.00

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500.75 |
__500.75 _
34.76
675.00 |

566.42
$38.00 |

6/16/2026 |American Linen

_ 6/16/2026 [Everlasting Construction:

6/16/2026 | Forsgren Associates/P.A._
6/16/2026 | Freedom Mailing Services
_ 6/16/2026] Garrett H Sandow

6/16/2026|Hammon Teton Delivery

___ 6/16/2026|Hard Times Sales & Sales
6/16/2026| HD Fowler Company

~_6/16/2026|IBM Corporation

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__ 6/46/2026 |Idaho Traffic Safety INC_
___6/16/2026/Ill
6/16/2026 Intermountain Gas Co
6/16/2026 | Jeff Hintze
6/16/2026 |Joseph Pacheco __
6/16/2026 |Knife River

{16/2026 Leland Ricker

~6/16/2026|Manwaring Web Solutions INC

_6/16/2026|Matt E Balldba Diamond BSpec

~ 6/16/2026 |Merele Thayne

“6/16/2026 [O'Reilly Automotive INC

| __ 6/16/2026|PSi Environmental Services INC
6/16/2026|R&D Wholesale Nursery
6/16/2026 || R&S. Distributing
6/16/2026|RDO Equipement Co
6/16/2026 |Rocky Mouniain Boiler
_ $/16/2026|Rocky Mountain Power
~6/16/2026|Sams Club
6/16/2026 |Shelley ACE Hardware
6/16/2026 |Smith Driscoll & Associates __
___ 6/16/2026 |Sparklight
~_ 6/16/2026 | [Stephenson Computer Consulting
____ 6/16/2026 |
~~ 6/16/2026 |Upper Case Printing Ink
6/16/2026 |Utah Jazz Youth Basketball
6/16/2026 [Western Systems INC |
6/16/2026|2M Company INC
6/17/2026|FyberCom
IAS - Envirochern
6/17/2026 |Wilbur-Ellis Company _
6/24/2026 |Forsgren Asso,
Pam Killpack
|e _ 6/24/2026 |) [Forsgren Asso.
6/24/2026 | Knife River
) 6/29/2026/A&B Trans
__ 6/29/2026/ABS Architectural
__6/29/2026|Allied Business Solutions
6/29/2026: Amazon —_
6/29/2026 Aquatech Pool & Spa___
6/29/2026 |At&t_
6129/2026 | [Bingham County Road & Bridge _
"6/29/2026 [Bingham News Chronicle
6/29/2026 | Blackhawk Industrial Dist.

6/29/2026 Boot Barn Lockbox

| 6/29/2026|Centu rylink

6/29/2026 |DEX Imaging LLC
6/29/2026 Freguson \ Waterworks
6/29/2026|Idaho Central Credit Union
6/29/2026 |IDEACOM ESCI

__ 6/29/2026 | Intermountain Bobcat__
6/29/2026 | Motorola Solutions

__ 6/29/2026
6/29/2026| Schows Truck Center
6/29/2026 Searke Hart & Asso.
6/29/2026 |Shelley Auto Care _
6/29/2026: Shelley Vet__

__ 6/29/2026 |Sherwin Williams

___ 6/29/2026|Snake River Supply __

__ 6/29/2026 |Te Teton Steel
6/29/2026 | TI The Radar Shop

6/29/2026| Verizon __

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6/4/2026|PAYROLL _ ~ 97,788.89

~__ 6/15/2026| PAYROLL a ig 413,465.09 7

Total __ “926,020.46

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