May 25, 2011 City Council Minutes

 City of Heyburn Council Meeting Minutes

May 25, 2011

7:00 P.M.

 

Council Present:

Cleo Gallegos, Rocky Baker, and Joanne Justesen. Leann Smith - excused.

 

Employees Present:

Dan Bristol, Scott Spevak and Deborah Hopkins.   Steven Tuft - excused

 

Visitors Present: 

Bill Justesen, Jeremiah and Rykah Justesen, Linda Culver, AJ Church, Mike Mathews, Paul Aston, Brittany Bowden, Mike and Cherie Brown, Bill and Norma Morrison, Jo Elg, Kevin and Kresta George, and Rose Schmitt.

 

Meeting conducted by Mayor George A. Anderson.  Mayor Anderson welcomed everyone to the meeting and led those present in the Pledge of Allegiance.  He extended a special welcome to AJ Church from Senator Mike Crapo’s office, Linda Culver from Congressman Mike Simpson’s office, and Mike Mathews from Senator Risch’s office.  AJ Church spoke briefly to those in attendance by extending the services from their office located in Twin Falls.  Mayor Anderson thanked them for attending. 

 

Approve Minutes of the Council Meeting held on May 11, 2011 

Motion by Rocky Baker to approve the minutes of the May 11, 2011 council meeting as presented.  Second by Joanne Justesen.  Vote:  Cleo Gallegos - Aye; Rocky Baker - Aye; Joanne Justesen - Aye.

 

Discuss/Approve Paying the Bills

Motion by Joanne Justesen to approve paying the bills as presented.  Second by Cleo Gallegos.  Vote:  Cleo Gallegos - Aye; Rocky Baker - Aye; Joanne Justesen - Aye. 

 

Discuss/Approve Secondary Network Transmission Service Rights with Bonneville Power - Jo Elg

Jo Elg from United Electric Coop explained the Secondary Network Transmission Service Rights with Bonneville Power. 

 

Motion by Rocky Baker to approve the mayoral signature on the Secondary Network Transmission Service Rights agreement with Bonneville Power.  Second by Cleo Gallegos.  Roll Call Vote:  Cleo Gallegos - Aye; Rocky Baker - Aye; Joanne Justesen - Aye. 

 

Public Hearing for Designating the Zoning of Certain Real Property Owned by William Emmett,  John M. Thain and Sherie C. Thain, Kanner Creek LLC, and Kevin George and Kresta George Designating the Zoning for Such Land as “RL” Residential Low after Annexation

 

Paul Aston addressed the mayor and council stating the purpose of the hearing was to determine what zoning designation the properties would have upon annexation. 

 

Norma Morrison reporting on the Planning and Zoning Commission meeting which was held on May 16, 2011, and their recommendation regarding the zoning designation.  She stated their unanimous recommendation was to retain the current designation, which is “AL” Agricultural Low.

 

Mayor Anderson opened the public hearing by asking if there was anyone present who wished to speak in favor of changing the zoning as Residential Low.  No public comments were received. 

 

Mayor Anderson then asked if there was anyone present who wished to speak against changing the zoning to Residential Low.  Those speaking against the zoning change were Kevin George and Cherie Brown

 

Mayor Anderson closed the public hearing.  Upon discussion and questions raised by the council members, citing that no one had left the council chambers since the public hearing had been closed, Mayor Anderson asked for a motion to re-open the public hearing.  Motion by Joanne Justesen to re-open the public hearing.  Second by Cleo Gallegos.  Roll Call Vote:  Cleo Gallegos - Aye; Rocky Baker - Aye; Joanne Justesen - Aye. 

 

Mayor Anderson re-opened the public hearing.  At which time, council members asked questions of Norma Morrison and Kevin George.  Hearing no further questions or comments, Mayor Anderson closed the public hearing.

 

Motion by Cleo Gallegos to designate the zoning of certain real property owned by William Emmett, John M. Thain, and Sherie C. Thain, Kanner Creek LLC, and Kevin George and Kresta George to “RL” Residential Low after annexation.  Second by Joanne Justesen.  Roll Call Vote:  Cleo Gallegos - Aye; Rocky Baker - Aye; Joanne Justesen - Aye. 

 

Councilwoman Cleo Gallegos asked to go on record stating that the zoning change was not just for one person. 

 

Discuss/Approve Ordinance No. 537 - Annexing Certain Real Property Owned by William Emmett, John M. Thain and Sherie C. Thain, Kanner Creek LLC, and Kevin George and Kresta George Designating the Zoning for Such Land as “RL” Residential Low

 

Kresta George spoke against annexing the property.  Timothy Hurst also submitted a letter to the mayor and council members against the annexation of the property. 

 

Motion by Cleo Gallegos to table this item until legal representation is available.  Second by Joanne Justesen.  Vote:  Cleo Gallegos - Aye; Rocky Baker - Aye; Joanne Justesen - Aye.

 

Executive Session for Matters of Litigation and Personnel as authorized by Idaho Code Section 67-2345

Motion by Rocky Baker to go into executive session for matters of litigation and personnel as authorized by Idaho Code Section 67-2345.  Second by Joanne Justesen.  Roll Call Vote:  Cleo Gallegos - Aye; Rocky Baker - Aye; Joanne Justesen - Aye.

 

Executive Session Minutes.

Council Present:

Cleo Gallegos, Rocky Baker and Joanne Justesen.

 

Employees Present:

Deborah Hopkins and Scott Spevak.

 

Guests Present:

None.

 

Meeting conducted by Mayor Anderson. The topic was a matter of litigation.  This matter was discussed with the attending council members and staff.  Executive Session began at 8:12 PM and concluded at 8:47 PM.

 

No decisions were made.   The council meeting ended at 8:47 PM. 

 

 

 

George A. Anderson

Mayor

 

  

Deborah F. Hopkins

City Clerk/Treasurer