March 27, 2013 City Council Minutes

City of Heyburn Council Meeting Minutes

March 27, 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:

Leisel Snyder, Dusty Galliher, Rose Schmitt, Paul Aston, Gene Brice, Jr., Doug Bailey, and Dan Lloyd, Brent Tolman, and David Nebeker representing the Heyburn Urban Renewal Agency.

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 stated that Item #9 - Discuss/Approve Well #3 Fuel Tank/Pad would not be discussed this evening as the information is not complete. He then amended the agenda to include: Discuss/Approve Waiver of Paving Requirement for Centennial Subdivision as Item #4a. The reason is this issue needs to be resolved in order that a building permit can be issued for Mountain West Truck Center - Volvo.

Approve Minutes of the March 13, 2013 Council Meeting

Motion by Cleo Gallegos to approve the minutes of the March 13, 2013 council meeting as presented. Second by Rocky Baker. Vote: Rocky Baker – Aye; Leann Smith – Aye; Joanne Justesen – Abstain; Cleo Gallegos - Aye.

Discuss/Approve Paying the Bills

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

Discuss/Approve Funding Request – Heyburn URA – Brent Tolman

Brent Tolman, Treasurer for the Heyburn URA requested the City of Heyburn to issue a check to the Heyburn URA for $17,929.32, which is the remainder of the funds the City has budgeted for the 2012-13 fiscal year. Mr. Tolman briefly discussed the expenditures of URA funds to date. He also explained the delay in tax increment dollars to the URA as being changes in the legislature. He stated the Heyburn URA is expecting to get funding beginning in January, 2014.

Councilman Rocky Baker expressed his appreciation to the members of the committee for all they do for the City of Heyburn.

Motion by Leann Smith to approve continuing the funding for the URA and to transfer the funds in the amount of $17,292.32. Second by Rocky Baker. Roll Call Vote: Rocky Baker – Aye; Leann Smith – Aye; Cleo Gallegos – Aye; Joanne Justesen – Aye.

March 27, 2013 – City Council Minutes – Page 2

Discuss/Approve Setting the Public Hearing Date for the 2013-14 FY Budget

City Clerk Deborah Hopkins suggested the date for the 2013-14 FY Budget public hearing be August 28, 2013 at 7:00 PM.

Motion by Rocky Baker to set the 2013-14 FY Budget public hearing as August 28, 2013 at 7:00 PM. Second by Cleo Gallegos. Vote: Cleo Gallegos – Aye; Leann Smith – Aye; Rocky Baker – Aye; Joanne Justesen – Aye.

Discuss/Approve Waiving Paving Requirement at Centennial Subdivision

Gene Brice, Jr. spoke representing Mountain West Idaho Volvo asked if the City of Heyburn would waive the requirement for Centennial Subdivision paving in order to issue a building permit for Volvo Mountain West Idaho. He stated he could have Kloepfer Paving bring a hold harmless letter for the City for the paving to be completed which includes completing both sides of Centennial Drive up to and including the front entrance of the Mountain West Idaho Volvo lot. This item was discussed among those present.

Motion by Cleo Gallegos to waive the requirement for paving of the full length of Centennial Drive in order to issue a building permit for Volvo Mountain West Idaho so that a building permit can be issued to RGR Real Estate, LLC for Lot 7A. RGR Real Estate LLC will assume the Loughmillers’ duty to install a paved road to the access point of Lot 7A and install other infrastructure for Lot 7A required by the Developer Agreement with Loughmillers. Second by Rocky Baker. Vote: Cleo Gallegos – Aye; Leann Smith – Aye; Rocky Baker – Aye; Joanne Justesen – Aye.

Consideration of Proposal to Change Election by Seat – Reference Idaho Code 50-707 – Leann Smith

Councilwoman Leann Smith discussed the possibility of changing the election for councilmen from “at large” to an “assigned seat” representation. This item was discussed by the members of the council. Mayor Anderson also received comments from the following City of Heyburn residents who were members of the audience: Doug Bailey, Dusty Galliher, and Rose Schmitt.

Motion by Rocky Baker to leave the election of councilmembers as it currently stands, that being at large. Second by Joanne Justesen. Roll Call Vote: Cleo Gallegos – Aye; Joanne Justesen – Aye; Rocky Baker – Aye; Leann Smith – Nay.

Discuss/Adopt a Revised Public Records Access Policy

The Revised Public Records Access Policy was reviewed by those present. City Attorney Steven Tuft stated the reason for the revised policy was to take into consideration changes in the legislation regarding access to public records and the fees that could be charged. Changes and corrections were discussed. City Attorney Steven Tuft will revise the policy and have it ready for the next council meeting which is scheduled for April 10, 2013.

March 27, 2013 – City Council Minutes – Page 3

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

City Attorney Steven Tuft briefly reviewed this resolution. Changes and corrections were discussed. Mr. Tuft will revise the resolution and have it ready for the April 10, 2013 council meeting.

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

This resolution was also discussed by City Attorney Steven Tuft and reviewed by those present. Corrections and revisions were noted. This resolution will also be on the April 10, 2013 council agenda for action to be taken by the council members.

Discuss/Approve Well #3 Fuel Tank/Pad – Greg Richins

This item was removed from the agenda.

Discuss/Approve Hiring of Summer Employees – Greg Richins

City Superintendent Greg Richins asked for permission to hire two temporary summer employees to assist with the mowing of the right-of-ways and the alleys.

Motion by Rocky Baker to give City Superintendent Greg Richins permission to hire two summer employees at an hourly wage of $9.00 using the same process for recruitment as last year. Second by Leann Smith. Vote: Cleo Gallegos – Aye; Leann Smith – Aye; Rocky Baker – Aye; Joanne Justesen – Aye.

Discuss/Approve Request for Bids for Sewer Line Replacement – Greg Richins

Superintendent Richins reviewed information pertaining to the need to replace the main sewer artery line that runs along 18^th Street.

Motion by Joanne Justesen to approve the Request for Bids for Sewer Line Replacement. Second by Cleo Gallegos. Vote: Cleo Gallegos – Aye; Leann Smith – Aye; Rocky Baker – Aye; Joanne Justesen – Aye.

Review of March 2013 Monthly Reports

The March 2013 Monthly Reports were reviewed with those present.

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

Motion by Joanne Justesen to go into Executive Session as per Idaho Code 67-2345(f) Litigation. Second by Rocky Baker. 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.

March 27, 2013 – City Council Minutes – Page 4

Guests Present:

Paul Aston.

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 8:17 PM. Paul Aston left the meeting at 8:35 PM. The meeting concluded at 8:47 PM. No decisions were made. The council meeting did not return to open session.

The council meeting ended at 8:47 PM.

George A. Anderson Deborah F. Hopkins

Mayor City Clerk