August 13, 2008 Council Meeting
City of Heyburn Council Meeting and Public Hearing Minutes
August 13, 2008
7:00 P.M.
Council Present:
Cleo Gallegos, Rocky Baker, Leann Smith and Dee Ray Bailey.
Employees Present: Linda Dayley, Scott Spevak and Steve Tuft.
Visitors Present: Ralph Martini, George and Rose Warrell, Norma and Bill Morrison, Damon Hunzeker, Darrell and Janet Tilley, Terry Garner, Donna Meade, Paul Aston, Faye Cole, Nile and Joy Bohon, Amber Christensen, Dee and Mary Yeaman, Scott Pratt, Karen Pratt, John and Janean Hendrickson, Tonia Poulsen, Pamela Heward, and Donna Gillespie
Meeting conducted by Mayor George A. Anderson.
Pledge of Allegiance led by Mayor George A. Anderson.
Approve Minutes of the Council Meeting on July 23, 2008.
Motion by Cleo Gallegos to approve the minutes for the Council Meeting on July 23, 2008 as written. Second by Leann Smith. Vote: Cleo Gallegos - Aye; Rocky Baker - Aye; Leann Smith - Aye; Dee Ray Bailey - Aye.
Approve Minutes of the Special Council Meeting on July 30, 2008.
Motion by Rocky Baker to approve the minutes for the Special Council Meeting on July 30, 2008 as written. Second by Dee Ray Bailey. Vote: Cleo Gallegos - Aye; Rocky Baker - Aye; Leann Smith - Aye; Dee Ray Bailey - Aye.
Approve paying the Bills except the Bailey Oil Bill.
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; Leann Smith - Aye; Dee Ray Bailey - Aye.
Approve the Bailey Oil Bill.
Motion by Leann Smith to approve paying the Bailey Oil bill. Second by Rocky Baker. Roll Call Vote: Cleo Gallegos - Aye; Rocky Baker - Aye; Leann Smith - Aye; Dee Ray Bailey - Abstained.
Informative discussion on Horizon Program - Donna Gillespie.
Donna Gillespie explained to the Mayor and Council that the Horizon program, a partnership between University of Idaho Extension and the Northwest Area Foundation, builds leadership in communities coping with change. The program is available in southern Idaho towns between 100 and 5,000 residents and poverty rates of at least 10 percent. At least five people in the interested communities must attend the events designed to familiarize citizens with the Horizons program. It will be held in Twin Falls on August 25, 2008 at the Red Lion Hotel Canyon Springs at 7:00 p.m.
Open Public Hearing on the Proposed Budget for the Fiscal Year 2008-2009.
Mayor Anderson opened the Public Hearing on the Proposed Budget for the Fiscal Year 2008-2009.
Mayor Anderson asked if anyone in the audience or the Council had any questions. Hearing no comments from the audience or the council Mayor Anderson closed the public hearing.
Discuss/Approve the Annual Appropriation Ordinance No.509 for Fiscal Year 2008-2009.
AN ORDINANCE ENTITLED THE ANNUAL APPROPRATION ORDINANCE FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2008, APPROPRIATING THE SUM OF $15,646,410 TO DEFRAY THE EXPENSE AND LIABILITIES OF THE CITY OF HEYBURN FOR SAID FISCAL YEAR, AUTHORIZING A LEVY OF A SUFFICIENT TAX UPON THE TAXABLE PROPERTY AND SPECIFYING THE OBJECTS AND PURPOSES FOR WHICH SAID APPROPRIATION IS MADE.
Motion by Cleo Gallegos to read Ordinance No. 509 under the suspension of rules with one reading and by title only. Second by Dee Ray Bailey. Roll Call Vote: Cleo Gallegos - Aye; Rocky Baker - Aye; Leann Smith - Aye; Dee Ray Bailey - Aye.
Steve Tuft read Ordinance No. 509 by title only.
Motion by Dee Ray Bailey to adopt Ordinance No. 509 Annual Appropriation Ordinance for Fiscal Year 2008-2009. Second by Rocky Baker. Roll Call Vote: Dee Ray Bailey-Aye; Cleo Gallegos-Aye; Rocky Baker-Aye; Leann Smith - Aye.
Continuance of the Public Hearing for the Revised Area of Impact.
Blincoe Farms, Inc. an Idaho corporation, of 211 South 700 West, Heyburn, Idaho 83336, has made application to the City of Heyburn, Idaho, for annexation and zoning certain land located generally south of 300 South, to the center of Interstate 84, west of 650 West and east of 750 West, in Minidoka County, Idaho, and is more particularly described as set forth on Exhibit A. The purpose of this annexation is to clarify the land previously annexed in Heyburn Ordinance No. 507 and to add certain land owned by the State of Idaho.
Paul Aston from the Planning and Zoning Commission explained that the City of Heyburn annexed the Blincoe property, at their request, and that actually goes outside Heyburn’s area of impact. Voluntary annexations are permissible but you still have to adjust you still have to adjust your area of impact to include that property. After discussion with the City’s and the County’s Planning Zoning Commissioners and the Minidoka County Commissioners it was felt that the area of impact should include a mile and a quarter past the Blincoe property. It would extend from 650 West to 875 West it would also extend on the south.
The area of Impact has been before a hearing in front of the City’s P & Z, County P& Z and also the County Commissioners. The city and the county approved the recommendation of the P & Z Commission and the Minidoka County Commissioners approved the recommendation of the County’s P & Z recommendation to adopt this area of impact.
There would have to be the signing of a new Area of Impact Agreement which will designate who has what responsibilities there. Planning and Zoning Commission and the Minidoka County Commissioners would still make all the decisions in the area of impact but they would use your comprehensive plan, zoning ordinance and subdivision ordinance.
Mayor Anderson opened the Public Hearing for comment on the continuance of the Revised Area of Impact.
Nile Bohon: Why are we annexing such a large area, are we planning on running sewer and water and paving the roads?
Mayor: Actually there probably won’t be anything done in that area Blincoe’s plan to continue to farm it.
Paul Aston: It was upon the request of the Blincoe’s themselves for the annexation.
Nile Bohon: Then why are they annexing all the impact area, when we do that we have to have the intentions of putting in sewer, water and roads. Don’t we Steve.
Attorney Steve Tuft: It’s more complicated than that. Actually, in a public hearing we can’t answer those kinds of questions. The public hearing is for the members of the audience to make statements and give information so that the decision making body can make a decision.
Nile Bohon: As a councilman we were required if we annexed or made an impact area to have the intention of oiling the road and furnishing water and sewer.
Mayor Anderson: I don’t think it will create much of a problem we have a well and sewer lines right close to there.
Paul Aston: Mayor, I would like to respond, area of impacts are not making commitments for infrastructure. It’s a planning tool. As a request of the Blincoe’s you annexed their property and they understood that any development of infrastructure would be at their cost. The expansion of the area of impact is just a planning tool. The City will not make the decisions the County will still make any zoning decisions. The city only has the right to review it for input like they would normally.
Tonia Pouvlsen: So when you go through the area of impact how does it impact the taxes.
Paul Aston: The taxes don’t change until you are annexed. Being in the area of impact does not change your tax levy.
Tonia Pouvlsen: If this is just prior planning for down the road for growth does there have to be another hearing for infrastructure.
Paul Aston: Logical steps of development would be public hearings for annexation plus zoning changes.
Hearing no further comment Mayor Anderson closed the Public Hearing.
Discuss/Approve Hearing Regarding Annexation and Zoning for Blincoe Farms.
Blincoe Farms Inc. and Idaho corporation, of 211 South 700 West, Heyburn, Idaho 83336, has made application to the City of Heyburn, Idaho, for annexation and zoning of certain land located generally south of 300 South, to the center of Interstate 84, west of 650 West and east of 750 West, in Minidoka County, Idaho, and is more particularly described as set forth on Exhibit A. The purpose of this annexation is to clarify the land previously annexed in Heyburn Ordinance No 507 and to add land owned by the state of Idaho.
Paul Aston explained that the purpose of the public hearing is to clarify and clean up the legal description, which is called a correcting section, to include the Government lot in the map that was left out of the original description as requested by the Idaho State Tax Commission. Also it includes all the freeway adjacent to the Blincoe property.
Mayor Anderson asked if anyone in the audience or the Council had any questions.
Hearing no further comments from the audience or the council Mayor Anderson closed the Public Hearing
Mayor Anderson instructed Attorney Steve Tuft to prepare an ordinance for the next meeting.
Public Hearing for a Preliminary Planned Unit Development Plat Application for the proposed Elk Meadows Plan Unit Development.
Public Hearing for the purpose of considering the following zoning matter: Preliminary Planned Unit Development Plat application for the proposed Elk Meadows Plan Unit Development submitted by Terra Firma Properties, LLC. The property is located west of H Street and east of the railroad tracks between 19th and 20th Streets, Heyburn, Idaho.
Mayor Anderson asked if anyone in the audience or the Council had any questions.
Chairperson Donna Meade with Planning and Zoning informed the Mayor and Council that it was the recommendation of the Planning and Zoning application submitted by Terra Firma Properties for the proposed Elk Meadows Planned Unit Development to continue the hearing to further study the irrigation ditch water, traffic ingress and egress inside the development, playground area, density of the project, the vacation of 19th Street, lighting within the project, and one resident requested that a wall or single story units to be put along their property line.
Mayor Anderson so we will table this until September 10, 2008 council meeting after Planning and Zoning Commission meeting on September 8, 2008.
Councilman Rocky Baker requested a list of the P & Z concerns.
Attorney Steve Tuft suggested giving the applicant or petitioner an opportunity to speak then those for and those against then an opportunity for rebuttal.
Mayor Anderson opened the hearing for public comment.
Please hold comment to three or four minutes at the most if we could.
Scott Briscoe from Terra Firma Properties: Terra Firma Properties looks for properties and areas in need of apartments for properties that look suitable. The zoning is already in place and the way I understand it we can build apartments with the density that we are looking at. We want to change this project to a planned unit development (PUD). To do this we need approval from the city council. The reason for the PUD is so we can assure that (for instance) if I own eight four unit complexes, my partner owned eight and he sales off a couple of his the person buying them cannot go in and let the yards go to waste and not taken care of. With a planned unit development there would be organized lawn mowing and snow removal. This would be paid for through the association. We are going to invest millions of dollars in the project so we do not want it to look trashy. We are going to make it as nice as possible. We do not have a problem with the residents giving us input on how they would want it. As far as the block wall, it would be very expensive. In the planned unit development in Chubbuck we had similar concerns and we put up a six-foot vinyl privacy fence and that seemed to help. We had not proposed to put in a playground for the fear of the liability. This is a preliminary plat on the final plat if we had recommendations we would be willing to look at them. We would not be opposed to donating money to put a park right next to the city park that’s adjoining the property with a walking path and a gate. One thing that seemed to be a big issue is the increase of the amount traffic. We would be willing to put up whatever signs that would be appropriate that the city would recommend. Slow signs, stop signs, low speed limit and we would not be opposed to putting in speed bumps. We are open for suggestions from everyone. In regards to the ditch we are willing to put in pipe and bury it where it needs to be. As far as low income housing, if people of low income can afford to live there they can but it will not be subsided housing. It is strictly privately owned development without government assistance. We actually had no plans for lighting but we are willing to put a light post on each corner of every building so there is lighting throughout the subdivision. The density we believe is appropriate for what we have chosen for the property. The vacancy of 19th Street makes no difference to us. These are preliminary plans and we would like to address any concerns and continue forward with the final plat so that the final plat will take care of all the concerns. The buildings and property will be taken care of. It will be green and mowed with trees and places for people to walk and plan on making it as nice as possible not an eyesore.
*Mayor: How many units are you talking about?
*Scott Briscoe: Twenty-three buildings of four units per building.
*Cleo Gallegos: Was Chubbuck your first project?
*Scott Briscoe: It was the first large project we completed on that scale with thirteen units behind the new Tasty Treat drive through.
*Leann Smith: How much grassy area will you have, it doesn’t look like very much, is that where a park came in?
*Scott Briscoe: The park was suggested so that there would be some playground equipment in one of our green areas so that is why we’re proposing to possibly utilizing the city park and donate to make that more attractive.
*Leann Smith: You were talking about the MID water ditch and whether or not it was in use. I might suggest that you plan on using that for your irrigation, I think that is a thing of the future with development of using those water rights rather than using our culinary water.
*Scott Briscoe: That actually is a good idea and would actually be cost effective and something we would certainly be willing to look into.
*Cleo Gallegos: You mention a city park. What park are you talking about, the baseball park?
*Scott Briscoe: Yes, the baseball park.
*Cleo Gallegos: I don’t think we could put playground equipment there. The baseball park is pretty well utilized.
*Dee Ray Bailey: What about fire protection. Is there enough room for fire protection?
*Scott Briscoe: It was bought up at the P & Z meeting. We only allowed ninety feet for a turn around for school buses. We would probably need to change that to a hundred feet. So the fire trucks could use that. With the way it is proposed now there is a way for the fire trucks to go through without having to backup or turn around using the 19th Street.
*Leann Smith: How large is the floor space for these units?
*Scott Briscoe: There are seven buildings that are two bedroom apartments and they are slightly over eight hundred square feet per unit. Then the larger buildings are twelve hundred fifty square feet, which are three bedroom apartments.
Mayor Anderson opened the public hearing for public comment first for those who are in support.
*Darrell Tilley: Owner of the property, when we obtained the zoning for this property as commercial there was no opposition. The definition of commercial is connect with commerce or made or done for the sale or profit. At that time we were discussing putting in a trailer park. If we would have done this there would have three or four rows of trailers. Yes there would have been traffic. If business or apartments go in, yes, there will be traffic. I think that when property is zoned commercial that the neighbors know that there will be changes and that there will be more traffic. Heyburn is growing. I think something can be worked out to provide other exits from the property. There is an exit by Western Dairy off of 21st Street and 19th Street. Part of the Pratt and Vanleuven property could be used. Three way stop on 20th and H Street. Child safety was an issue, all the neighbors that I know have back yards. There would be sidewalks for the safety of the children. The first building would be over sixty feet from Mrs. Pratt’s house. Neighbors concern over depreciation of their property. A trailer park would have depreciated their property for sure. There is a need for rentals in the area. This will be a good tax revenue for the City of Heyburn and an asset to the community.
*Marianne Wadsworth: As a realtor I see a need for rental property. The proposed rentals will be upper end rentals for working class families or retirees and the outside will always be taken care of.
*Dee Yeaman: I own property north of this property. I do not live here but if any of my existing property would be needed it is available and I do think we need the development.
*Pam Heward: I am for housing but have some questions. There is a need for accessible housing and equal access for affordable housing. What is the accessibility for the disabled?
*Attorney Steve Tuft: I suggest that the applicant make notes and answer in the rebuttal.
*Tonia Pouvlsen: There is a need for more, better and higher quality apartments in this area.
Attorney Steve Tuft asked if anyone had a comment but are not necessarily for or against.
*Bill Morrison: Are these four-plexes individually owned and how are they going to maintain the yards?
Comment from those against:
*John Hendricks: The issues addressed were zoning being commercial, traffic concerns, widen the street, curb and gutter, cul-de-sac should be one hundred feet, privacy issue, safety, irrigation and have the single level on the first row by Mrs. Pratt’s property.
*Nile Bohon: Don’t know if I am for or against but have a lot of questions. Are we as citizens paying for the sewer, water, curbing, sidewalks and road?
Attorney Steve Tuft: Public hearing is not a debate, Council cannot answer any questions. They can only be answered by the applicant in the rebuttal.
*Chad Vantassel: Concerns of the excessive traffic. What does the city sign say. Where people are important.
*Joy Bohon: Concern is that there is only one street for that amount of traffic. Is there a fire code for only being one street?
*Karen Pratt: Adjoining property owner. No, I do not want that many people in my back yard. Traffic is an issue.
Attorney Steve Tuft: I urge council that there be no debate from council during a public hearing.
*Karen Pratt: Sewer and water line issue and the curb and gutter.
*Faye Cole: Traffic is my big concern and the need for an extra access road or two.
*Amber Christensen: Traffic is the main concern.
Mayor Anderson turned the time over for the rebuttal.
Scott Briscoe: There is a turn around for the bus to turn around, there are no one way streets and there will be a privacy vinyl fence. Handicap issue:
Out of the 23 buildings, the bottom two units on each building are handicap accessible. The sidewalks have the straight curb so the wheelchairs cannot go off on any sidewalk. There will be ADA ramps at several locations. I would like to mention there are sidewalks that do connect from different units. If you were in a wheelchair, you could wheel to other apartments without ever leaving a sidewalk. This is not a taxpayer program which is kind of like a government finance. I’m not 100% sure of all the details. This is not in any way have to do with the government. Yard care came up again. It will be paid for by the association. The building ownership is 100% individual. One person can own one building. One person can own several buildings, but each building is owned by one person. That one person may or may not live in that building. Normally they don’t but if someone wanted to buy them as an investment, that is something they can do. The storage units that are in the back of this property are against the railroad tracks. We designed it that way not because we wanted the storage units per say, but we wanted to have a buffer for our tenants against the trains that would travel through there. The storage units were put there to buffer that. To help with the noise from the trains. They will be utilized hopefully by tenants. There is only half as many storage units as there is rentals and so we are hoping that all the storage units will be rented by tenants, but we cannot guarantee that. The road coming in and out was paved yesterday. I have no idea who paved it or why they paved it. I was as surprised to see that as anybody else. Although I wasn’t disappointed, I got to admit, but I had nothing to do with that and I don’t know how come that happened, but it was paved. If it needs to be wider. We have to put curb or gutter on that road anyway. The water and sewer were already in that area which is part of the reason why we picked that area. If we picked an area like that because if the water and sewer were several miles away, it would make it more costly. It was brought up about going out of business and then the yard would become trashed. There will be a minimum of three owners originally and probably more. If one owner were to go out of business or lose his holdings to foreclosure, the other owners there would still be paying the homeowners association to keep up the yard unless all the owners would happen to go broke at the same time and lost all those buildings. As far as safety, there are fire hydrants on the plat. In fact there are several of them throughout the subdivision for the fire safety. As far as two story homes go, it was suggested that we don’t have two story homes. We are not really in favor of that idea, to get rid of two story homes. I do believe that there are two story homes right next to our property already. If you have single level home already, and the city ordinance allows tall buildings, then that is usually what is permitted and so you have your neighbor put up a two-story building. I don’t believe there is a huge loss of privacy, but people could see in your property, but that’s the case in many rural subdivisions as well. I did a quick map on the cars. I don’t know exactly the traffic problem. I know it is a concern. We did figure out there if there were 300 cars that left in an 18-hour period through the bulk of the morning and evening, that would average one car every 3 minutes, approximately. Well that is substantially more than that is currently, I don’t feel that it is crazy backed up traffic. The other thing is, most of the people that move into these apartments I assume will have children of their own and I don’t think with rare exception that people are just going to be blasting through there and causing problems and that’s why we are willing to put up speed bumps or signs, or whatever that the neighborhood or the city will require. Anything that the city would like us to put on our final plat, we would be willing to listen and do all of this stuff. We would like to get the preliminary through so that we can move on and get to the final step and get ready and get people’s concerns addressed on that because the final plat would still need to go through you, the city council before we could develop.
*Cleo Gallegos: Asked if they had purchased the property yet. Mr. Biscoe responded that they had not purchased the property as yet, but it was under contract.
Hearing no further comments from the audience or the council, Mayor Anderson closed the Public Hearing.
Attorney Steve Tuft explained that the procedure that is in front of you. The P & Z Commission has encouraged you to table this matter until further study. Your options are to defer it for further study investigation, to deny the application for the preliminary plat or to approve it. If you are denying or approving it you should make factual findings if you are deferring it you should set a time when to put it back on the agenda.
Motion by Dee Ray Bailey to table the final decision on the Elk Meadows plat until September 10th, the next city council meeting after the P & Z meeting. Second by Rocky Baker. Vote: Dee Ray Bailey-Aye; Cleo Gallegos-Aye; Rocky Baker-Aye; Leann Smith - Aye.
Public Hearing for a Preliminary Subdivision Plat and Zoning Map Amendment Applications for the proposed Blue River Estates Subdivision.
Public Hearing for the purpose of considering the following zoning matter: Preliminary Subdivision Plat and Zoning Map Amendment applications for the proposed Blue River Estates Subdivision submitted by Roy and Lyman Belnap. The property is located west of Villa Drive and south of the new Heyburn Elementary School construction site on 7th Street, Heyburn, Idaho.
Chairperson Donna Meade stated the Planning and Zoning Commission recommends to the city council to accept Mr. Belnap’s preliminary plat for the Blue River Estates subdivision and approve the rezone to residential low residential.
Roy Belnap briefed the mayor and council regarding the plans for the Blue River Estates. He stated that as the developer, he intends to pay for the streets, gutters, sewer, and water.
Mayor Anderson opened the hearing for public comment. Hearing no comments, Mayor Anderson closed the public hearing.
Motion by Dee Ray Bailey to accept the recommendation of the Planning and Zoning to proceed with Preliminary Subdivision Plat and to direct the City Attorney to prepare an ordinance for the zoning changes for the proposed Blue River Estates Subdivision submitted by Roy and Lyman Belnap. Second by Cleo Gallegos. Roll Call Vote: Dee Ray Bailey-Aye; Cleo Gallegos-Aye; Rocky Baker-Aye; Leann Smith - Aye.
Discuss/Approve Signature by the Mayor on the Loan Resolution, Certification to be Executed at Loan Closing, Water or Waste Water System Grant Agreement with the United States Department of Agriculture and the Notice to Proceed.
Motion by Cleo Gallegos to approve the Mayor to sign the Loan Resolution, Certification to be executed at Loan Closing, Water or Waste Water System Grant Agreement, with the concurrence of United States Department of Agriculture and the city attorney and the Notice to Proceed. Second by Rocky Baker. Vote: Dee Ray Bailey-Aye; Cleo Gallegos-Aye; Rocky Baker-Aye; Leann Smith - Aye.
Discuss/Approve Ordinance No. 510 Designating the Twin Falls Times News as the City of Heyburn’s Official Newspaper.
AN ORDINANCE OF THE CITY OF HEYBURN, IDAHO AMENDING HEYBURN CODE SECTION 1-6-1, DESIGNATING THE TIMES-NEWS AS THE OFFICIAL NEWSPAPER OF THE CITY FOR THE PUBLICATION OF LEGAL NOTICES AND PROVIDING AN EFFECTIVE DATE FROM AFTER ITS FIRST AND ONLY READING.
Motion by Dee Ray Bailey to read Ordinance No. 510 under the suspension of rules with one reading and by title only. Second by Leann Smith. Roll Call Vote: Cleo Gallegos - Aye; Rocky Baker - Aye; Leann Smith - Aye; Dee Ray Bailey - Aye.
Steve Tuft read Ordinance No. 510 by title only.
Motion by Dee Ray Bailey to adopt Ordinance No. 510 Annual Appropriation Ordinance for Fiscal Year 2008-2009. Second by Leann Smith. Roll Call Vote: Dee Ray Bailey-Aye; Cleo Gallegos-Aye; Rocky Baker-Aye; Leann Smith - Aye.
Mayor Time:
*Representative from the Minidoka County School District updating the Mayor and Council about the School Bond Election.
Executive Session for Matters of Commerce as Authorized by Idaho Code Section 67-2345.
Motion by Dee Ray Bailey for an Executive Session for Matters of Commerce as authorized by Idaho Code Section 67-2345. Second by Rocky Baker. Roll Call Vote: Cleo Gallegos - Aye; Rocky Baker - Aye; Leann Smith - Aye.
Council Meeting adjourned to Executive Session at 9:12 p.m.
Executive Session Minutes.
Council Present:
Cleo Gallegos, Rocky Baker, 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 9:18 p.m. and ended at 9:55 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