June 29, 2011 Special Council Meeting Minutes

 City of Heyburn Council Meeting Minutes and Public Hearing

June 29, 2011

7:00 P.M.

Council Present:

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

Employees Present:

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

Visitors Present: 

Paul Aston, Don Keller, Brandon Keller, Ken Lebsack, Jo Elg, Carleen Herring, Ralph Williams, Jeremiah and Crystal Justesen, Brittany Bowden, Laurie Welch, Jack and Kim Goddard, Ralph Martini, and Tony Morley.

Meeting conducted by Mayor George A. Anderson.  Mayor Anderson asked for a motion to amend the agenda to include Jack Goddard and Outlet Fireworks.  Both items are of an urgent nature that needs to be discussed before the next council meeting.  Motion by Cleo Gallegos to amend the agenda to include Jack Goddard and Outlet Fireworks.  Second by Rocky Baker.  Vote:  Cleo Gallegos - Aye; Leann Smith - Aye; Rocky Baker - Aye; Joanne Justesen - Aye.

Mayor Anderson led those present in the Pledge of Allegiance.   

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

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

Executive Session Minutes.

Council Present:

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

Employees Present:

Deborah Hopkins and Steven Tuft.

Guests Present:

None. 

Meeting conducted by Mayor Anderson. The topic was a matter of personnel.  This matter was discussed with the mayor, council members and staff.  Executive Session began at 7:02 PM and concluded at 7:12 PM.  No decisions were made.

Approve Minutes of the Council Meeting Held on June 8, 2011

Motion by Leann Smith to approve the minutes of the June 8, 2011 council meeting as presented.  Second by Joanne Justesen.  Vote:  Cleo Gallegos - Aye; Leann Smith - Aye; Rocky Baker - Aye; Joanne Justesen - 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; Leann Smith - Aye; Rocky Baker - Aye; Joanne Justesen - Aye.

Alley or Easement - Jack Goddard

Jack Goddard asked the council members if they had an opportunity to view the property in question and if they have decided if the property will be an easement or an alley.  After discussion it was decided to have Steven Tuft draft up an ordinance to vacate the alley in Block 77 and discuss this item at the July 13, 2011 council meeting.

Outlet Fireworks - Approval of Fireworks Permit

No action was taken on this item. 

Update on the 21st Street Project

Brandon Keller from Keller Associates updated the mayor and council on the status of the 21st Street Project.  He stated the environmental has cleared and work is moving forward on this project.  He also stated at some time in the future that an appraiser will need to be selected as well as a right of way negotiator. 

Discuss/Approve PF Tier 2 Vintage Market Sourced Rate Statement of Intent with Bonneville Power and Authorize Mayoral Signature - Jo Elg

Jo Elg from United Electric Briefed the mayor and council on the PF Tier 2 statement of intent.

Motion by Rocky Baker to authorize the mayoral signature on the PF Tier 2 Vintage Market Sourced Rate Statement of Intent with Bonneville Power.  Second by Leann Smith.  Vote:  Cleo Gallegos - Aye; Leann Smith - Aye; Rocky Baker - Aye; Joanne Justesen - Aye.

Discuss/Approve Customer Portal Access and Use Agreements with Bonneville Power and Authorize Mayoral Signature - Jo Elg

Jo Elg discussed this matter briefly with those present stating that the Customer Portal Access and Use Agreements with Bonneville Power are an important tool for the electric utilities.

Motion by Joann Justesen to authorize the mayor signature on the Customer Portal Access and Use Agreements with Bonneville Power.  Second by Leann Smith.  Vote:  Cleo Gallegos - Aye; Leann Smith - Aye; Rocky Baker - Aye; Joanne Justesen - Aye.

Discuss/Approve Magic Valley Business Park Developer’s Agreement

Motion by Rocky Baker to approve the Magic Valley Business Park Developer’s Agreement.  Second by Cleo Gallegos.  Vote:  Cleo Gallegos - Aye; Leann Smith - Aye; Rocky Baker - Aye; Joanne Justesen - Aye.

Public Hearing on Final Plat Approval for the Magic Valley Business Park - Paul Aston

Paul Aston presented information on the Final Plat Approval for the Magic Valley Business Park.  He stated the Planning and Zoning Commission recommended approve of the Final Plat upon naming of the streets. 

Mayor Anderson opened the public hearing.

Those speaking in favor of the Magic Valley Business Park were:  Ralph Williams and Randy Sutton.

Those speaking against the Magic Valley Business Park were:  None.

Hearing no further comments, Mayor Anderson closed the public hearing.

Motion by Leann Smith to approve the Final Plat and authorize the Mayor to execute the documents for the Magic Valley Business Park.  Second by Rocky Baker.  Vote:  Cleo Gallegos - Aye; Leann Smith - Aye; Rocky Baker - Aye; Joanne Justesen - Aye.

Discuss/Approve Building Code Appeals Board Bylaws and Rules of Procedure - Tony Morley

Tony Morley, Chief Building Official for Minidoka County presented the proposed Building Code Appeals Board Bylaws and Rules of Procedure.  City Attorney Steven Tuft suggested that a meeting be set with the attorneys representing the different entities to work out suggested changes.

Discuss/Approve Termination of City Superintendent Scott Spevak

Mayor Anderson announced he has terminated Scott Spevak’s employment as City Superintendent.  He asked for a ratifying vote of the council.

Motion by Leann Smith to ratify the Employment Termination Agreement for City Superintendent Scott Spevak.  Second by Cleo Gallegos.  Vote:  Cleo Gallegos - Aye; Leann Smith - Aye; Rocky Baker - Aye, with a heavy heart; and Joanne Justesen - Aye.

Water System Revenue Successor Trustee Update - Deb Hopkins

City Clerk Deborah Hopkins informed the mayor and council that the Water System Revenue has a new trustee - The Bank of New York Mellon.

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

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

Executive Session Minutes.

Council Present:

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

Employees Present:

Deborah Hopkins and Steven Tuft.

Guests Present: 

Carleen Herring and Ralph Williams.

Meeting conducted by Mayor Anderson.  The topics were matters of litigation and commerce.  These matters were discussed with the mayor, council members, and staff.  Executive Session began at 8:22 PM and concluded at 8:55 PM.  No decisions were made.

The council meeting ended at 8:55 PM. 

George A. Anderson

Mayor

Deborah F. Hopkins

City Clerk/Treasurer