August 27, 2008 Minutes

 City of Heyburn Council Meeting and Public Hearing Minutes

August 27, 2008

7:00 P.M.

 

Council Present:

Cleo Gallegos, Rocky Baker, and Dee Ray Bailey. Leann Smith excused.

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

Visitors Present:  George Warrell, Paul Aston, Bill Loughmiller, Rose and Rod Schmitt and Stanley Zielinski.

 

Meeting conducted by Mayor George A. Anderson.

 

Pledge of Allegiance led by Mayor George A. Anderson.

 

Approve Minutes of the Council Meeting on August 13, 2008.

Motion by Dee Ray Bailey to approve the minutes for the Council Meeting on August 13, 2008 as written. Second by Rocky Baker. Vote: Cleo Gallegos - Aye; Rocky Baker - Aye; Dee Ray Bailey - Aye.

 

Approve paying the Bills.

Motion by Dee Ray Bailey to approve paying the bills except the Bailey Oil bill. Second by Cleo Gallegos. Vote: Cleo Gallegos - Aye; Rocky Baker - Aye; Dee Ray Bailey - Aye.

 

Approve paying the Bailey Oil Bill.

This item deleted.

 

Discuss/Approve Ordinance No. 511 Annexation and Zoning for Blincoe Farms.

AN ORDINANCE OF THE CITY OF HEYBURN, MINIDOKA COUNTY, IDAHO, ANNEXING CERTAIN REAL PROPERTY OWNED BY THE BLINCOE FARMS, INC. AND TERRY W. SANFORD, ADJACENT TO THE CITY WHICH SHOULD HAVE BEEN INCLUDED IN THE DESCRIPTION OF THE LAND ANNEXED IN ORDINANCE NO. 507, AND LOCATED IN MINIDOKA COUNTY; AND, FINDING SUCH TO BE CONSISTENT WITH THE CITY’S COMPREHENSIVE PLAN AND DESIGNATING THE ZONING FOR SUCH LAND AS “CG” (COMMERCIAL GENERAL) AND, PROVIDING FOR EFFECTIVE DATE.

 

Paul Aston from Planning and Zoning passed out exhibits that will be attached to Ordinance No. 514 for the expanded Area of Impact.

 

Motion by Dee Ray Bailey to read Ordinance No. 511 by title only suspending the rule of three readings. Second by Rocky Baker. Roll Call Vote: Cleo Gallegos - Aye; Rocky Baker - Aye; Dee Ray Bailey - Aye.

 

Mayor Anderson read Ordinance No. 511 by title only.

 

Motion by Rocky Baker to approve Ordinance No. 511 Annexation and Zoning for Blincoe Farms. Second by Cleo Gallegos. Roll Call Vote: Cleo Gallegos - Aye; Rocky Baker - Aye; Dee Ray Bailey - Aye.

 

Discuss/Approve an Agreement as to Administration of Heyburn Area of Impact.

This agreement supercedes and amends the agreement of 22nd day of May 1995 between the City of Heyburn and Minidoka County. Idaho Code Section 67-6526 provides for and authorizes cities to adopt areas of impact within the unincorporated portions of the county.

 

Council Discussion: Paul Aston informed the Mayor and Council that the agreement was word for word, basically the same except for changing the dates.

 

Motion by Rocky Baker to approve the Agreement as to Administration of Heyburn Area of Impact. Second by Dee Ray Bailey. Vote: Cleo Gallegos - Aye; Rocky Baker - Aye; Dee Ray Bailey - Aye.

 

Discuss/Approve Ordinance No. 512 Rezone and Amending Zoning Map.

AN ORDINANCE OF THE CITY OF HEYBURN IDAHO REZONING A PORTION OF BLOCKS 217, 218, AND 219 OF THE HEYBURN TOWNSITE AS “RL” (RESIDENTIAL LOW) AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY AND PROVIDING FOR EFFECTIVE DATE.

 

Motion by Dee Ray Bailey to read Ordinance No. 512 by title only suspending the rule of three readings. Second by Cleo Gallegos. Vote: Cleo Gallegos - Aye; Rocky Baker - Aye; Dee Ray Bailey - Aye.

 

Mayor Anderson read Ordinance No. 512 for the first time by title only.

 

Motion by Rocky Baker to approve Ordinance No. 512 rezone and amending the Zoning Map. Second by Dee Ray Bailey. Roll Call Vote: Cleo Gallegos - Aye; Rocky Baker - Aye; Dee Ray Bailey - Aye.

 

Discuss/Approve Ordinance No. 513 Additional Bond Money for the Wastewater Treatment Plant.

 

Motion by Dee Ray Bailey to read Ordinance No. 513 by title only suspending the rule of three readings.  Second by Rocky Baker. Roll Call Vote: Cleo Gallegos - Aye; Rocky Baker - Aye; Dee Ray Bailey - Aye.

 

Mayor Anderson read Ordinance No. 513 by title only.

 

Motion by Dee Ray Bailey to approve Ordinance No. 513 additional bond money for the Wastewater Treatment Plant. Second by Rocky Baker. Roll Call Vote: Cleo Gallegos - Aye; Rocky Baker - Aye; Dee Ray Bailey - Aye.

 

 

Motion by Rocky Baker to approve for the Mayor to sign documents for the additional bond money for the Wastewater Treatment Plant. Second by Dee Ray Bailey. Roll Call Vote: Cleo Gallegos - Aye; Rocky Baker - Aye; Dee Ray Bailey - Aye.

 

Public Hearing for a Subdivision Plat Amendment Application and Vacation of Union Drive and a Portion of Centennial Drive.

 

Mayor Anderson opened the Public Hearing for the Subdivision Plat Amendment Application and Vacation Union Drive and a Portion of Centennial Drive.

 

*Paul Aston: (Planning and Zoning) Mr. Loughmiller is know the owner of the remaining lots that are in the southeast portion of the Centennial Drive and he would like to market those lots as one lot. Also, he would like to vacate Union Drive that does not physically exist. It is platted there. Union Drive is a Drive that Keith Couch at a time that he thought about purchasing land to the south. So he figured he would take a road out to 400 South.

The road is of little value. If you vacate the road you would give half the road to the people on each side of the road, which would be Mr. Loughmiller. 

 

* Bill Loughmiller: I am the owner of the lots in question. Paul pretty well described everything that we want to do. It would essentially put the cul-de-sac closer and shorten the street. Everyone within the subdivision are fine with what we are proposing to do.

*Councilman Dee Ray Bailey: Does the cul-de-sac go down close to the car port entry?

*Bill Loughmiller: It just goes to their current entrance so their access would be off of the cul-de-sac. It been enlarged in size so the trucks can turn around.

*Councilman Dee Ray Bailey: The street called Park Drive. Is it part of Union Drive?

*Paul Aston: That is supposed to be Union Drive.

*Mayor Anderson: How is the paving part going. Is it all done?

*Mr. Loughmiller: We have all the engineering done. We can’t do anything with it until we change the plat. We have it contracted with Watterson to excavate the old material and put in the new material. I’m still not sure if we can get the paving done before winter but we are going to give it a try.

*Councilman Rocky Baker: One time when Keith Couch still owned this he was trying to pickup Price’s property over to the east. I guess that’s not going to happen if you stop the  cul-de-sac.

*Mr. Loughmiller: If someone picks up Price’s property and wants to open the street I’m sure there is a legal way to do that. Currently Price’s is not for sale.

*Superintendent Scott Spevak: No, and as long as Mr. and Mrs. Price are alive that piece of land will not be sold.

*Mr. Loughmiller: We tried to buy it a couple of years ago and were told no.

*Councilman Dee Ray Bailey: I’m still a little puzzled about the oiling of the road. I remember that when you bought this you said that you had the material to do  that.

*Mr. Loughmiller: And we still do. Last fall there was a lot of settling going on where they put new pipe in. That’s all been resolved. Now according to specifications we have to take out 12 inches of base. You have to have 8 inches of larger base and 4 inches of 3/4-inch base. I know that we can get this part of the work done and we are going to try to get the curbs and gutters in, so if we don’t get it paved this fall we will get it done the very first thing in the spring.

*Mayor Anderson: I know our concern is for you to be able to develop it right.

*Councilman Dee Ray Bailey: That and the complaints received about the city not keeping up the street.

*Superintendent Scott Spevak: It is not the City’s street.

*Councilman Dee Ray Bailey: I know that but it drops off the oil and is rough.

 

Paul Aston explained that this is the only hearing that there would be. Mr. Loughmiller can get the final plat signed and obviously fix the name of the street.

 

Hearing no further comments Mayor Anderson closed the Public Hearing.

 

Motion by Cleo Gallegos to approve the Subdivision Plat application and vacation of Union Drive and a portion by Centennial Drive. Second by Rocky Baker. Roll Call Vote: Cleo Gallegos - Aye; Rocky Baker - Aye; Dee Ray Bailey - Aye.

 

Mayor Time:

Stanley Zielinski asked why the weeds were not being cut along the roads. City Superintendent explained that because of medical reasons the crew is short manpower and that they were working on getting caught back up.

 

George Warrell gave the Mayor and Council an update on the meeting that he attended for Horizons and is sending in an application for a grant. After discussion George will come back to council with an update after hearing back from the grant application.

 

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

This item was tabled.

 

Meeting adjourned at 7:38 p.m.

 

/s/George A. Anderson, Mayor

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