January 12, 2011 Council Meeting Minutes

 City of Heyburn Council Meeting Minutes

January 12, 2011

7:00 P.M.

 

Council Present:

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

 

Employees Present:

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

 

Visitors Present: 

Bill and Norma Morrison, David Price, Brittany Bowden, Laurie Welch, Roy Belnap, Dawn Lage, Vernon Stephens, Brandon Keller and Rose Schmidt.  

 

Meeting conducted by Council President Leann Smith.  Council President Smith welcomed everyone to the meeting and led those present in the Pledge of Allegiance.

 

Council President Smith entertained a motion to amend the agenda to include Item # 13 - Discuss/Approve Options for Graffiti Curtailment for the reason that action needs to be taken on this item right away.   Motion by Joanne Justesen to amend the agenda to include Item # 13 - Discuss/Approve Options for Graffiti Curtailment.  Second by Rocky Baker.  Vote:  Cleo Gallegos - Aye; Rocky Baker - Aye; Leann Smith - Aye; Joanne Justesen - Aye.

 

Approve Minutes of the Special Council Meeting on December 15, 2010 

Motion by Rocky Baker to approve the minutes of the December 15, 2010 special council meeting.  Second by Joanne Justesen.  Vote:  Cleo Gallegos - Aye; Rocky Baker - Aye; Joanne Justesen - Aye; Leann Smith - Aye.

 

Discuss/Approve Paying the Bills

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

 

Discuss/Approve Funding Proposal for 2nd Phase of 21st Street Project Resolution 2011-2 - Keller Associates

Brandon Keller from Keller Associates reviewed the requirements for submitting the Funding Proposal for the second phase of the 21st Street Project.  He explained that approval of this proposed resolution would enable Keller Associates to submit the application.  He further explained that submitting the application does not obligate the city.  It allows the city, should funding be allotted, to accept or reject the funding for the project.  Mr. Keller clarified the submittal of this application as a project that would be an expansion of the current 21st Street Project.  This second phase would allow the study for the possible continued expansion of 21st Street. 

 

 

 

Motion by Rocky Baker to approve Resolution 2011-2 Project Funding Project Application for the Construction of the 21st Street Reconstruction to the LHTAC.  Second by Joanne Justesen.  Vote:  Cleo Gallegos - Aye; Rocky Baker - Aye; Leann Smith - Aye; Joanne Justesen - Aye.

 

Donn Carnahan from Keller Associates also reported to the council the status of the existing 21st Street Project.  He stated they incurred one issue in the environmental study.  That being the canal was declared as an historic entity.  This historic designation has impacted the existing project by creating a delay of a few months. 

 

Discuss/Approve Water and Waste Water Applications for Facility Planning Studies - Keller Associates

Donn Carnahan from Keller Associates discussed the need to submit Water and Waste Water Applications to be used in the updated Facility Planning Studies.  He stated the timeline for this grant would be notification of award in June or July.  He reiterated that the city would not be under any financial obligation by submitting this grant.  At such time, if and when the grant was approved, the city would have to option to accept or decline it.  The grant has a 50% match requirement from the City, which would be $22,000. 

 

Motion by Joanne Justesen to approve the applications for Water and Waste Water Applications for facility planning.  Second by Cleo Gallegos.  Vote:  Cleo Gallegos - Aye; Rocky Baker - Aye; Leann Smith - Aye; Joanne Justesen - Aye.

 

Ordinance No. 533 - Designating Weekly News Journal as Newspaper of Record - 3rd Reading

Motion by Cleo Gallegos to have City Attorney Steven Tuft read Ordinance No. 533 - Designating the Weekly News Journal as the Newspaper of Record by title only.  Second by Joanne Justesen.  Vote:  Cleo Gallegos - Aye; Rocky Baker - Nay; Leann Smith - Aye; Joanne Justesen - Aye.

 

City Attorney Steven Tuft read Ordinance No. 533 - Designating the Weekly News Journal as the Newspaper of Record by title only.

 

Discuss/Approve Termination of Lease Agreement - Minidoka County Fire Protection District

City Attorney Steven Tuft reviewed the Termination of Lease Agreement with the Minidoka County Fire Protection District.  

 

Motion by Joanne Justesen to approve the Termination of Lease Agreement with the Minidoka County Fire Protection District.  Second by Cleo Gallegos.  Vote:  Cleo Gallegos - Aye; Rocky Baker - Abstain; Leann Smith - Aye; Joanne Justesen - Aye.

 

Discuss Walking Path Options - Roy Belnap

Roy Belnap discussed with those present the need to have a walking path developed that will deter foot traffic from 21st Street and provide for the future.  He stated there is funding available for “Safe Passage to Schools.”  He requested the council to consider forming a committee to work on drafting safe walking path options.  Council President Leann Smith suggested that a five-member committee be formed with names being submitted to the mayor for consideration.  Suggested members of the committee included a representative from the school, Earl Andrew, and Roy Belnap. 

 

Idaho Transportation will assist with grant money.  The school district has to be the submitter of the project.  He stated the big question is where would the path be located.  He suggested talking with residents to see if there is a low volume traffic area that provide a safer walking path. 

 

Economic Development Update - Leann Smith

Council President Leann Smith provided a brief update on economic developments.  She reported she recently attended a meeting in which a manufacturing plant was looking for placement.  She informed those present that meetings are held once a month, with extra meetings being held when a site request comes in.  She further stated she was excited to be a part of this committee.   

 

Request for Resolution for Mayoral Department Reports - Cleo Gallegos

Councilwoman Cleo Gallegos requested that City Attorney Steven Tuft be tasked with drafting a resolution requiring Mayor Anderson to present department reports at every council meeting.

 

Council members discussed this requirement at length.  Discussion included what types of information should be included and from which department reports would be required. 

 

Motion by Cleo Gallegos to adopt a resolution to request the mayor provide periodic reports to the council on employee service and conduct and to advise as to the areas of concern so that the council has an informed opinion as to the state of affairs of the city.  Second by Joanne Justesen.  Roll Call Vote:  Cleo Gallegos - Aye; Rocky Baker - Abstain; Leann Smith - Aye; Joanne Justesen - Aye.

 

Discuss/Approve Consulting Contract and Retaining Counsel for Urban Renewal Agency Advisor

City Attorney Steven Tuft explained the proposed agreements from Harlan Mann for the urban renewal consulting services.  In addition to the consulting services provided by Harlan Mann, Attorney Steven Tuft stated a legal consultant needs to be retained to provide counsel for the Heyburn Urban Renewal Agency.  Council members reviewed the proposal from Ryan Armbruster from Elam & Burke Attorneys at Law.

 

Motion by Rocky Baker to approve the Agreement for Consulting Services as presented by Harlan Mann for Urban Renewal Advisor and also to retain the legal services of Ryan Armbruster.  Second by Joanne Justesen.  Roll Call Vote:  Cleo Gallegos - Aye; Rocky Baker - Aye; Leann Smith - Aye; Joanne Justesen - Aye.

 

Discuss/Approve Resolution 2011-1 Destruction of Certain Semipermanent and Temporary Records - Deb Hopkins

City Clerk Deborah Hopkins explained to the council members that the State of Idaho Historical Society had been contacted regarding the destruction of certain semipermanent and temporary records as outlined in Resolution 2011-1.  She reported the Historical Society has no interest in these records. 

 

Motion by Rocky Baker to approve Resolution 2011-1 Destruction of Certain Semipermanent and Temporary Records.  Second by Joanne Justesen.  Vote:  Cleo Gallegos - Aye; Rocky Baker - Aye; Leann Smith - Aye; Joanne Justesen - Aye.

 

Report from Planning & Zoning on Special Use Permit for Day Care - Norma Morrison

City of Heyburn Planning and Zoning Commission chairwoman Norma Morrison briefly provided an update to the present regarding the Special Use Permit for the Tiny Toes Daycare.

 

Discuss/Approve Options for Graffiti Curtailment

Councilwoman Joanne Justesen reported she has received inquiries from Heyburn residents about what could be done to help curtail the graffiti vandals that are creating problems throughout the city.  She suggested that a monetary reward be offered in the amount of $100.  Council members discussed this item with City Attorney Steven Tuft. 

 

Discussion followed with several different options being discussed.  Chief Dan Bristol informed those present that graffiti is used as part of gang initiation rights.  He stated that perhaps Crime Stoppers would be the best avenue to pursue.  Chief Bristol stated he would explore this option further and report back to the mayor and council.  Other options included using a message on the bottom of the monthly bills, using the call minder system to send out a recorded telephone message to residents, and including a message on the City of Heyburn web page.

 

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

Motion by Rocky Baker to go into Executive Session for Matters of Litigation, as authorized by Idaho Code Section 67-2345.  Second by Joanne Justesen.  Roll Call Vote:  Cleo Gallegos - Aye; Rocky Baker - Aye; Leann Smith - Aye; Joanne Justesen - Aye.

 

Executive Session Minutes.

Council Present:

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

 

Employees Present:

Scott Spevak, Deborah Hopkins, and Steven Tuft.

 

Guests Present:

Dawn Lage.

 

Meeting conducted by Council President Leann Smith. The topic was a matter of litigation.  This matter was discussed with City Attorney Steven Tuft.  Executive Session began at 8:45 PM and concluded at 9:22 PM.

 

No decisions were made.   The council meeting ended at 9:22 PM. 

 

 

 

Leann Smith

Council President

  

 

 

Deborah F. Hopkins

City Clerk