February 9, 2011 City Council Meeting and Public Hearing Minutes
City of Heyburn Council Meeting and Public Hearing Minutes
February 9, 2011
7:00 P.M.
Council Present:
Cleo Gallegos, Rocky Baker, Leann Smith, and Joanne Justesen.
Employees Present:
Steven Tuft, Scott Spevak, Dan Bristol, Ralph Martini, and Deborah Hopkins.
Visitors Present:
Louis and Wanda Stimpson, Donna Jones, Ron and Donna Sinclair, Ralph Martini, Rose Schmitt, Robyn Anderson, Mike Brown, Roy Belnap, Lyman Belnap, Lance Anderson, Ryan Moyle, Karie Reyes, Ramiro Reyes, Eduardo Reyes, Carmen M. Leon, Mike Devers, Laurie Welch, Scott Stimpson, Asconcion Salinas, Jayley Castillo, Jesus Ceja, Francisco Arteaga, Jesus Perez, Luise Loya, Marisella Cutter, Dora Gochnour, Bertie Martinez, Jesus Martinez, Pedro Tinaco, Luz Ma Tinoco, Leopoldo Cuevas, Francisco Pinera Rosalez, Victor Reyes, and Cesar Manrique.
Meeting conducted by Mayor George A. Anderson. Mayor Anderson welcomed everyone to the meeting and led those present in the Pledge of Allegiance. Mayor Anderson amended the agenda to include Item #4A - Curtailment of Graffiti and to add Personnel to the Executive Session.
Approve Minutes of the Council Meeting held on January 26, 2011
Motion by Rocky Baker to approve the minutes of the January 26, 2011 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 Leann Smith. Vote: Cleo Gallegos - Aye; Rocky Baker - Aye; Joanne Justesen - Aye; Leann Smith - Aye.
Public Hearing on the Alfresco Parkway PUD Development - Reconsideration of Rezone Condition
Paul Aston briefed the mayor and council on the request from the Alfresco Parkway PUD to reconsider the Rezone Condition.
Mayor Anderson opened the public hearing.
Lance Anderson from Cache Landmark stated they are requesting the rezone from Agricultural to Commercial be approved now instead of being approved on the final plat. He stated the zoning change is necessary to move forward with financing and tenant agreements.
Lyman Belnap spoke on behalf of the developer stating that the application and plat approval were originally presented together. He stated the rezone must be able to stand on its own. He respectfully requested the approval of the rezone now and then address the other concerns as the project moves through the platting process.
Paul Aston spoke that initially the preliminary plat and the rezone had been handled simultaneously and now the request is being made to handle the rezone separately.
Those speaking against the reconsideration of the rezone condition were Ryan Moyle from Moyle Mink. Mr. Moyle stated that these two businesses that will sit right beside each other are not compatible. He also stated the two issues, those being light and odor, have not been resolved to his satisfaction.
Randy Stone the attorney for Moyle Mink also spoke against the rezone citing City of Heyburn Code 8-4-7 referring to creating a transition buffer area between zones. He also cited Idaho Code 22-4503.
Gary Merrill spoke as a guest from the City of Paul stating his concern that jobs were really what they were looking at.
Luz Ma Tinoco spoke through translator Lyman Belnap about her concern that the developers were not being forthright in what they were doing. It was determined her concerns were based around the work Keller and Associates were doing pertaining the 21st Street Project.
Diane Griswold from Heyburn also submitted her concerns via an email that was received earlier in the day. This document was presented to the mayor and council members. Her question was has the applicant met the conditions placed on them by the city council.
Margarita Morin Robles from Heyburn stated her concerns that empty buildings create eyesores. She also spoke regarding building more businesses than the population could support.
Hearing no further comments, Mayor Anderson closed the public hearing.
Motion by Leann Smith to defer the removal of the rezone condition on the Alfresco Parkway PUD until the February 23, 2011 council meeting. Second by Joanne Justesen. Roll Call Vote: Cleo Gallegos - Aye; Rocky Baker - Aye; Joanne Justesen - Aye; Leann Smith - Aye.
Review Amended Belnap Developer’s Agreement - Roy Belnap
A draft of the Amended Belnap Developer’s Agreement and an aerial photograph was distributed to the mayor and council for their review. Roy Belnap discussed the walking path issues and possible solutions. He also stated he welcomes input into finding a solution that works for both parties.
Curtailment of Graffiti
Councilwoman Justesen stated her disgust with the recent vandalism at the Heyburn Riverside RV Park restrooms. She asked the mayor and council to consider increasing the amount of the reward the city is offering for the arrest and conviction of those responsible. Councilwoman Justesen stated she felt that a higher reward might be enough incentive to have the vandals turn on each other. Several different curtailment strategies that might be implemented were suggested.
Motion by Leann Smith to increase the reward for the arrest and conviction of those responsible for the graffiti at the Heyburn Riverside RV Park restrooms to $1,000. Second by Rocky Baker. Vote: Cleo Gallegos - Aye; Rocky Baker - Aye; Joanne Justesen - Aye; Leann Smith - Aye.
Introduction of Minidoka County Building Inspector - Tony Morley
Tony Morley, Minidoka County Building and Zoning Administrator introduced himself to the mayor, council members, and others present. City Superintendent Scott Spevak asked Mr. Morley to meet with him at his earliest convenience to discuss City of Heyburn procedures for issuing of building permits and other matters.
Discuss/Approve Resolution 2011-3 - Requiring Periodic Reports by the Mayor to the City Council
This item was discussed between the mayor and city council members. Mayor Anderson stated that he will ask the department heads to prepare a brief summary of activities to be included in the second council meeting packets of every month.
Discuss/Approve 2011-12 Budget Hearing Date - Deborah Hopkins
City Clerk Deborah Hopkins presented a calendar for the month of August, 2011. She stated the City of Heyburn needs to notify the Minidoka County Clerk of the 2011-12 Budget Hearing date no later than April 30, 2011. She suggested the hearing date be set for August 24, 2011.
Motion by Cleo Gallegos to set the 2011-12 Budget Hearing date for Wednesday, August 24, 2011 at 7:00 PM. Second by Joanne Justesen. Vote: Cleo Gallegos - Aye; Rocky Baker - Aye; Joanne Justesen - Aye; Leann Smith - Aye.
Review/Discuss/Approve City of Heyburn Employee Handbook
City Attorney Steven Tuft asked to the mayor and council members to carefully review the employee handbook and the changes that have been made. He suggested the draft of the handbook be distributed to the City of Heyburn employees for their review and input before the handbook is officially adopted. This item will be on the February 23, 2011 agenda.
Executive Session for Matters of Commerce, Personnel and Litigation as authorized by Idaho Code Section 67-2345.
Motion by Leann Smith to go into Executive Session for Matters of Commerce, Personnel, and Litigation as authorized by Idaho Code Section 67-2345. Second by Joanne Justesen. Roll Call Vote: Cleo Gallegos - Aye; Rocky Baker - Aye; Joanne Justesen - Aye; Leann Smith - Aye.
Executive Sessions Minutes
Council Present:
Cleo Gallegos, Rocky Baker, Joanne Justesen, and Leann Smith.
Employees Present:
Steven Tuft, Scott Spevak, and Deborah Hopkins.
Meeting conducted by Mayor Anderson. The topics were Matters of Commerce, Personnel, and Litigation. These items were discussed with City Attorney Steven Tuft and the employees present. No decisions were made. Executive Session began at 9:10 P.M. and ended at 9:40 P.M.
The council meeting ended at 9:40 P.M.
George A. Anderson
Mayor
Deborah F. Hopkins
City Clerk/Treasurer