April 10, 2013 City Council Minutes

City of Heyburn Council Meeting Minutes

April 10, 2013

7:00 P.M.

 

Council Present:

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

 

Employees Present:

Greg Richins, Dan Bristol, Steven Tuft and Deborah Hopkins.   

 

Visitors Present: 

Sam Andrew, Leisel Snyder, Gene Brice, Jr., Lyle Santos, Darr Moon, Les Anderson, JR Santana, Noel Santana, and Phyllis Bean.    

 

Meeting conducted by Mayor George A. Anderson.  Mayor Anderson welcomed everyone to the meeting and led those present in the Pledge of Allegiance.     

 

Approve Minutes of the March 27, 2013 Council Meeting  

Motion by Joanne Justesen to approve the minutes of the March 27, 2013 council meeting as presented.  Second by Cleo Gallegos.  Vote:  Rocky Baker – Aye; Leann Smith – Aye; Joanne Justesen – Aye; Cleo Gallegos - Aye. 

 

Discuss/Approve Paying the Bills

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

 

Discuss/Approve Waiver of Park Fees – Minidoka Summer Lunch Program – Phyllis Bean

Minidoka County School District Food Service Supervisor Phyllis Bean presented information to those present on the continuing success of the Summer Lunch Program.  She also asked the City Council to waive the fees for use of the Ga’ Lawn Park on Mondays through Fridays beginning June 3, 2013 and concluding July 31, 2013. 

 

Motion by Joanne Justesen to waive the fees for the Minidoka County School District Summer Lunch Program for the use of Ga’ Lawn park during the 2013 summer lunch in the park.  Second by Rocky Baker.  Vote:  Cleo Gallegos – Aye; Rocky Baker – Aye; Leann Smith – Aye; Joanne Justesen – Aye.

 

Ratify 3rd Revised Developer’s Agreement – Centennial

Motion by Leann Smith to ratify the mayor’s signature on the 3rd Revised Developer’s Agreement for the Centennial Subdivision.  Second by Rocky Baker.  Vote:  Cleo Gallegos – Aye; Rocky Baker – Aye; Leann Smith – Aye; Joanne Justesen – Aye.

 

Discuss/Adopt a Revised Public Records Access Policy

City Attorney Steven Tuft presented the Revised Public Records Access Policy.  The changes and corrections were discussed with those present. 

 

 

April 10, 2013  – City Council Minutes – Page 2

 

 

Motion by Leann Smith to adopt the Revised Public Records Access Policy as presented.  Second by Rocky Baker.  Vote:  Cleo Gallegos – Aye; Rocky Baker – Aye; Leann Smith – Aye; Joanne Justesen – Aye.

 

Discuss/Approve Resolution No. 2013-5 Amendment of the Public Records Access Policy

Revised Resolution No. 2013-5 Amendment of the Public Records Access Policy was discussed by those present. 

 

Motion by Cleo Gallegos to adopt Resolution No. 2013-5 Amendment of the Public Records Access Policy.  Second by Leann Smith.  Vote: Cleo Gallegos – Aye; Rocky Baker – Aye; Leann Smith – Aye; Joanne Justesen – Aye.

 

Discuss/Approve Resolution No. 2013-6 Setting the Fees to be Charged for Copies of Records

The revised resolution was discussed by City Attorney Steven Tuft and reviewed by those present. 

 

Motion by Rocky Baker to adopt Resolution No. 2013-6.  Second by Joanne Justesen.  Vote:  Cleo Gallegos – Aye; Rocky Baker – Aye; Leann Smith – Aye; Joanne Justesen – Aye.

 

Discuss/Approve Notice of Encroachment – Hellen McGill Property

This item was discussed with City Attorney Steven Tuft who answered questions from the council members.

 

Motion by Leann Smith to approve the Notice of Encroachment on the Hellen McGill Property, send notice to the family, and to authorize the mayor’s signature.  Second by Cleo Gallegos.  Roll Call Vote:  Cleo Gallegos – Aye; Rocky Baker – Aye; Leann Smith – Aye; Joanne Justesen – Aye.

 

Discuss/Approve Settlement of Heyburn vs. PR Enterprises

City Attorney Steven Tuft stated there is one paragraph in the settlement that still needs to be worked out regarding hazardous materials. 

 

Discuss/Approve Payment of Acquisition of Rights of Way for the 21st Street Project

Motion by Leann Smith to approve paying $15,278.75 for the acquisition of property for the 21st Street Project from PR Enterprises.  Second by Joanne Justesen.  Vote:  Rocky Baker – Aye; Leann Smith – Aye; Cleo Gallegos – Nay; Joanne Justesen - Aye.  Councilwoman Gallegos asked to go on record stating that she disagreed with the amount to be paid. 

 

Discuss/Approve Vacating Oregon Avenue

Les Anderson from Kenworth Sales and Sam Andrew from Moon & Associates presented information pertaining to vacating a section of Oregon Avenue which is located in the Knudsen Industrial Park.  Maps and drawings were distributed to the mayor and council members.  Fire

 

April 10, 2013  – City Council Minutes – Page 3

 

department access whether it be a cul-de-sac or a T-type of intersection was discussed.  City Attorney Steven Tuft was asked to prepare an ordinance for the next council meeting.  

 

Executive Session as per Idaho Code 67-2345(f) Litigation

Motion by Leann Smith to go into Executive Session as per Idaho Code 67-2345(f) Litigation.  Second by Cleo Gallegos.  Roll Call Vote:  Rocky Baker – Aye; Leann Smith – Aye; Cleo Gallegos – Aye; Joanne Justesen - Aye. 

 

Executive Session Minutes.

Council Present:

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

 

Employees Present:

Steven Tuft, Deborah Hopkins, and Greg Richins.

 

Guests Present:

None.

 

The meeting was conducted by Mayor George A. Anderson.  The topic was litigation.  This matter was discussed with the mayor, council members, and staff present.  Executive Session began at 7:52 PM.  The meeting concluded at 8:25 PM.  No decisions were made.  The council meeting did not return to open session. 

 

The council meeting ended at 8:25 PM.

 

 

 

 

George A. Anderson                                       Deborah F. Hopkins

Mayor                                                              City Clerk