September 3, 2008 Special Council Meeting


City of Heyburn Special Council Minutes

September 3, 2008 5:30 P.M.


Council Present:

Cleo Gallegos, Leann Smith and Dee Ray Bailey.

Employees Present: Linda Dayley, Scott Spevak and Steve Tuft.

Visitors Present:  Paul Aston, Bill Loughmiller and Jason Jones.


Meeting conducted by Mayor George A. Anderson.


Discuss/Approve Building Permits in Centennial Park.

City Superintendent Scott Spevak explained to the Mayor and Council that the property in question is adjacent to Love’s Truck Stop and falls into the 1st phase of the plat that we installed for Loves. The City allowed Christiansens a building permit because they were within the 1st phase. Mr. Wiseman purchased the property from Mr. Hunsaker. Under the Moritorium, I believe that any Building Permits issued, has to be okayed by the City Council.


*Jason Jones from Gary Jones Construction informed the Mayor and Council Mr. Wiseman purchased the property to build a tire repair facility mostly to cater to Semi Trucks. He purchased the land from Jack Hunsaker and any information that he received from Land and Title; there was no information on any sort of restrictions on his ability to build on the property. We bid him the building, drew up the plans and we are ready to start construction.


*Councilperson Leann Smith: How large are the buildings?

*Jason Jones: The shop, where they will do repairs is 50’ x 70’ with a little office area in the front. In the back section there will be a warehouse 40’ x 50’. This will be a storage for passenger and truck tires. There will be a 24-hour emergency service.

*Councilperson Cleo Gallegos: Are you going to do all the phases together?

*Jason Jones: Yes.

*Councilperson Leann Smith: And it is already zoned commercial?

*Mayor Anderson: Yes.

*Jason Jones: As far as fire flow, I have talked with Paul Aston, and there is no issue there. There is a fire hydrant right in front of the property. All of the set backs are within the required set backs for the project.

*Councilman Dee Ray Bailey: What all property did we tie up in the Moritorium?

*Attorney Steve Tuft: That is why we are here because there is a Moritorium on the entire subdivision until the infrastructure is in place. The Moritorium says that the City will consider on a case-by-case basis whether or not you will allow an expansion of existing buildings. The council can amend that if you want to allow a building permit.

*Jason Jones: Who is responsible for constructing the curb and gutter and the streets through there?

*Attorney Steve Tuft: I’m not sure the city wants to get into that. All that we are saying that when it is done the Moritorium will be lifted.

*Councilperson Leann Smith: Is the infrastructure available for this site?

*City Superintendent Scott Spevak: Yes, like I said when they came in on the 1st phase the sewer and water was installed by the contractor as they went by that lot. That’s what the city decided on Christiansens, that there was no reason to punish him, where he was already involved in the 1st phase.

*Councilperson Cleo Gallegos: Is the road finished clear up past where you are going to build?

*Jason Jones: Not passed but to his property.

*Councilperson Cleo Gallegos: So that would put the pressure on them to finish the infrastructure.

*Mayor Anderson: I drove through there the other day and you have a real nice subdivision. It will be really nice when all of it is oiled. I can see why people would like to come in there.

*Jason Jones: We, just last year, built the car wash for Lyle Santos and he has paved the area around his facility.


Motion by Cleo Gallegos to lift the restrictions on the Moritorium in Centennial Park for lot 2 for the tire repair facility owned by Al Wiseman. Second by Leann Smith. Vote: Cleo Gallegos - Aye; Leann Smith - Aye;


*Councilman Dee Ray Bailey: I would like to discuss the road situation first.


*Bill Loughmiller: Last week we got the plat changed as required so we could finish up with the engineering. I brought the engineers plan for the roadway with me this evening. Scott went over it before the meeting and one of the things that we need is a motion or something in the minutes that says that this plan has been accepted.

One thing we have waited for is to see how everyone wanted the curb and gutter. I believe yesterday everyone decided they wanted a rolled curb the full length of it. That is what is in the plan. The utilities have all been marked and the preliminary stakes are in to do the excavation down to the base level so that the base can be put back in and compacted. We put about twenty-five yards in where it had settled during the winter. I have talked to all but one of the people on the street about what we are putting in and how we are going to do it. We have an agreement with Larry Watterson to excavate the road and from that point we are getting bids from Maverick and Kloepfer so our plans are

to get it all finished in the next month or so. Watterson said he planned on starting in the next week to start excavating.

*Mayor Anderson: It sounds like you are serious about it and that will sure help us out here.

*Mr. Loughmiller: We are serious; we have a tentative buyer who wants to put in another facility on the ten acres at the end where Couch’s Auction Service is. It is contingent upon building permits. We want to show good faith that we’re doing it and try to have as much in as soon as possible so that if they would like to build before winter we can come back to the council and at least show that we are on target. One other thing that we have done is contacted everyone and several of the owners want paving which helps with the cost of the paving. We are seriously working on it.

 We would like something in the minute or a letter that states that these plans are okay.

*Attorney Steve Tuft: We can’t do that. In a special meeting we can only follow what is on the agenda and anything else brought up has to be taken to a general meeting.


Mayor Anderson asked Councilman Dee Ray Bailey what his vote is now? Councilman Dee Ray Bailey was in agreement.


Mayor Anderson stated that a motion was made and passed that we will issue building permits in Centennial Park for lot 2.


Any further building permits pertaining to the Centennial Subdivision will have to come before the City Council.


Executive Session for Personnel as Authorized by Idaho Code Section 67-2345.

Motion by Leann Smith for an Executive Session for Personnel as authorized by Idaho Code Section 67-2345. Second by Cleo Gallegos. Roll Call Vote: Cleo Gallegos - Aye; Dee Ray Bailey - Aye; Leann Smith - Aye.


Council Meeting adjourned to Executive Session at 5:45 p.m.


Executive Session Minutes.

Council Present:

Cleo Gallegos, Dee Ray Bailey and Leann Smith.

Employees Present: Linda Dayley, Scott Spevak and Steve Tuft.


Meeting conducted by George A. Anderson


The executive session commenced at 5:47 p.m. and ended at 6:00 p.m. The executive session consisted of a discussion of Matters of Commerce. No decisions were made.


/s/George A. Anderson, Mayor

/s/Linda L. Dayley, City Clerk/Treasurer