City of Shelley | minutes | meeting 2026-07-08 | Minutes - July 08, 2026 source: https://cityofshelley.org/media/fowd2lbu/min07082026.pdf 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 12. a 500.75 | __500.75 _ 34.76 675.00 | 566.42 $38.00 | 6/16/2026 |American Linen 6/16/2026 |Aquatech Pool & Spa... 6/16/2026 | Bingham News Chronicle 6/16/2026 |Broulims 6/16/2026|Cammans MVPLLC 6/16/2026 |David McMurtrey _6/16/2026 |DEX Imaging LLC 6/16/2026 |Digline Inc _ 6/16/2026 |Eastern Idaho | 6/16/2026 |E _ 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 ‘nitnlealon 49] cn o'4n 49: 49| <<] 69/89 9 . 1 2 86,483.80 bad hadkateadnaeida tA 9 tA 19 49 9 Ce Ann en een eA cnlen th alen 8 t i i i : { iy ij i: 73,126.64 170, 483.23 766.50. 7,036.80 1,917.00 869.13 408.00 |" 552527 __ 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 __ t F 1 q Atle a! Vnlealen wale Alen "20,270.00 4,096.20 | "75,893.12 | 426,640.17 | 82.50 | 1,026.00 | crlenlennlenl cn cn nlenicn en lenin teen len i 6/4/2026|PAYROLL _ ~ 97,788.89 ~__ 6/15/2026| PAYROLL a ig 413,465.09 7 Total __ “926,020.46