May 26, 2010 Minutes

City of Heyburn Council Meeting and Public Hearing Minutes

May 26, 2010

7:00 P.M.


Council Present:

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

Employees Present:

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

Visitors Present:

Rose Schmitt, Roger Denker, Lance Loveland, Derk Despain, Mike Brown, Jack and Kim Goddard, Gerald Egan, Dr. Dabestani, Pirooz Shamshiri, Robert Ohlensehlen, Jack Rose, Scott Stimpson, Tony O’Neil, Beverly Hollibaugh, Betty Anderson, Louie and Wanda Stimpson, Norma and Bill Morrison, Paul Aston, Lance Anderson, Robyn Anderson, Marlena Reinhardt, Roy Belnap, Tamy Ursenbach, and Diane Griswald.


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


Approve Minutes of the Council Meeting and Public Hearing on May 12, 2010 and Special Council Meeting on May 20, 2010. 

Motion by Rocky Baker to approve the May 12, 2010 council meeting and public hearing minutes and the May 20, 2010 special council meeting minutes as presented.  Second by Joanne Justesen.  Vote:  Cleo Gallegos - Aye; Rocky Baker - Aye; Leann Smith - Aye; Joanne Justesen - Aye.


Discuss/Approve Paying the Bills.

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


Public Hearing Continued - Alfresco Parkway Zoning Map Amendment and Preliminary Plat Approval -  Paul Aston.

Mayor Anderson opened the continuation of the Public Hearing for the Alfresco Parkway Zoning Map Amendment and Preliminary Plat Approval starting with the continued discussion pertaining to the developer and the Moyle Mink Farm.


Ryan Moyle from Moyle Mink expressed his appreciation to the mayor and council for the opportunity to come back to discuss this issue further.  His points of clarification included their property ownership stating they purchased the ground in the 1960’s but experienced slow economic times and the bank, as part of the debt restructuring agreement, took the land away. 


He commented on the CAFO stating in 1992 it was their understanding that it wasn’t necessary to actually apply for the permit.   Their understanding was that they would automatically be grandfathered in. He also presented information that documented the communication between the developer and himself, showing their good faith effort to work with the developers and come to an agreement.  Mr. Moyle also presented a map divided into three sections with proposed accommodations for each section.  He again stated his concern about fiscal responsibility should he lose an entire year’s production.  He also suggested the developer be required to purchase a bond to cover his loss should it happen.  Mr. Moyle offered to purchase the ground. 


Dr. Jack Rose from Idaho State University stated, based on his 30 years of research, it is the ratio of light to dark that triggers the fur growth cycles and can upset reproduction cycles.  His concern with the proposed development is the light and the effect on the mink. 


Bob Ohlensehlen from Nutrient Management Solutions and retired Extension Professor with the University of Idaho spoke pertaining to the non-conforming CAFO that the Moyle’s are currently operating under.  He stated he felt that Moyle’s should be provided the 1,000’ setback.  He also expressed concern regarding the odors from the mink manure.  He stated that the proposed shrubs, trees, and berms along the property line would be beneficial.  He also asked that a Waiver of Nuisance be considered because of the existence of the mink facility that has been there for a number years. 


Lance Loveland Attorney representing Moyle Mink stated this is an agricultural area.  He asked the following questions:  Does the council consider the plat as proposed a large-scale development subdivision as defined by the City Code?  If the answer is no, the second question is does the council consider the preliminary plat as proposed a planned unit development?


Mr. Loveland also referenced the example Waiver of Nuisance that would potentially prevent a lawsuit from smell or seagulls recognizing again the proposed development is in an agricultural area.   He suggested a bond be required for the subdivision development stating there is potential for a crop loss and a loss of millions of dollars.  He also stated the light sensitivity is still a strong concern and they would like an independent party be consulted to study and work on this issue.  He stated he would like to see that the Moyle’s farm is also protected. 


Lance Anderson spoke on behalf of the developer.  He commented the response from the Moyle’s was good in providing quick responses and getting information to them.  He stated the main concerns presented have been the light and the odor.  The Waiver of Nuisance to be recorded with the plat is common and they do not oppose it.  He stated the light sensitivity is something that can be addressed with continued research and information.  They are working with electrical engineers on options that could be implemented. 


He stated it is a preliminary plat process with two conditions:  Waiver of Nuisance to be recorded with the deed and that they, as developers, provide a light study that will provide that they are not negatively impacting any of the mink with the light. 


Paul Aston answered Mr. Loveland’s questions pertaining to the plat.  He also stated there was no way to address all the questions and engineering with a preliminary plat.   He stated that the major issues stated should be addressed in theory and when the final plat and the engineering is developed and the issues are addressed.  He said a preliminary plat is a conceptual thing that provides guidelines to go ahead and develop the final plat.   He also stated that waivers are a very commonly used item. 


Others who made comments:

Dr. Dabestani stated in November 2009 he was contacted to conduct an environmental assessment along the mink place.  He stated he has not been paid for services rendered despite two attempts to collect the debt he felt is owed to him.


Diane Griswald expressed her concerns regarding potential garbage issues and the GAP requirements of USDA and the effect that has on her fields.  She also asked for the developers to step forward and be known. 


Marlena Reinhardt stated she has had ten trees removed because of the high water table and the low ground level.  She also expressed concerns regarding land development close to her property.


City Attorney Steven Tuft spoke to both parties about the mediation process.


Ryan Moyle spoke in favor of both parties coming together to reach an agreement.  He asked the council to mediate his risk. 


Lance Anderson stated they fully intend to use the mediation process but will wait until the process is farther along.  Non-conforming CAFO, stating his clients would not have qualified if they had applied because of the setback requirements and it made no sense for them to apply. 


Paul Aston clarified the non-conforming CAFO at that time did not require setbacks, stating it would have been approved. 


City Attorney Steven Tuft stated that there not to be a final plat approval until there has at least been a mediation process and a report presented back or other evidence that the problem has been solved leaving the timing in the hands of the parties here. 


Lance Anderson stated he felt it was necessary to go in and negotiate and resolve some of the concerns:  odor, nuisance restriction, light and the bonding.  He stated they are willing to discuss those items before the final plat approval. 


Gerald Egan stated he felt the most suitable answer presented was when Ryan Moyle offered to buy out the other party avoiding the risk of developing this property.  He stated he felt there were other properties that were more suited. 


Jack Rose stated he wanted to bring up the light issue one more time stressing the importance it has to the biology of the mink.   He strongly encouraged light studies to be done. 


City Attorney Steve Tuft commented that the City does not have the expertise to conduct these light studies, nor will they hire someone to do them.  The expertise lies with Mr. Moyle and the developer. 


Lance Anderson said the light study is one of the things they are considering doing.  He also stated since 1929 there has been a lot of construction around the mink farm and there has not been a loss of production.  The light has not only been a problem in Heyburn, but also in Lehi, Utah, stating they have mink farms and light issues as well, and a lot of recent development.  They are planning on using the information from that site to bring back before final plat approval as well. 


City Attorney Steven Tuft asked Mr. Anderson if they had prepared a draft of restrictive covenants and will there be any form of CC&R’s.  Mr. Anderson replied that yes there would be.  Mr. Anderson also commented on suggestions that included planting trees now close to the Moyle property as well as others, but without the preliminary plat approval they were reluctant to start.  Mr. Anderson also responded regarding the statements made earlier by Dr. Dabestani stating he did not know anything about that particular item but would be happy to discuss it with him after the meeting.  


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


Motion by Leann Smith to approve the Preliminary Plat for this development with the conditions that plans be in place to care for the property until all of the development can be done, and to come to the agreement with the Moyle’s with personal mediation between the two groups that can come together and bring their results back to this council.  Second by Rocky Baker.  Roll Call Vote:  Cleo Gallegos - Aye; Rocky Baker - Aye; Leann Smith - Aye; Joanne Justesen - Nay.


Motion by Rocky Baker to authorize the change in the zoning to Commercial General on the Alfresco Zoning Map conditional on final plat approval.  Leann Smith second.  Roll Call Vote:  Cleo Gallegos - Aye; Rocky Baker - Aye; Leann Smith - Aye; Joanne Justesen - Aye.


City Attorney Steve Tuft will draft the zoning ordinance to be presented at the next city council meeting. 


Discuss/Approve Planting of Trees near the Sewer Plant - Blake Crockett.

Motion by Cleo Gallegos to approve the planting of trees by Blake Crockett near the sewer plant with the condition he works with City Superintendent Scott Spevak and Earl Andrew.  Second by Joanne Justesen.  Vote:  Cleo Gallegos, Aye; Rocky Baker, Aye; Leann Smith - Aye; Joanne Justesen, Aye.


Discuss/Approve Facility Use Application and Permit

A draft of the Facility Use Application and Permit was distributed for the Mayor and council members for their consideration.  Council member Justesen asked that the addition of the actual fees involved be listed on the application.  Council member Gallegos asked that the revisions be made to the forms and presented again for review at the next council meeting before being considered for adoption. 


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

Motion by Rocky Baker to go into Executive Session for Personnel and Matters of Litigation as per Idaho Code Section 67-2345.  Second by Cleo Gallegos.  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:

Steven Tuft.

Guests Present:

Paul Aston


Meeting conducted by Mayor George A. Anderson.  The topic was a personnel issue.  This item was discussed with City Attorney Steven Tuft. 


No decisions were made.  


The executive session ended at 9:30 p.m. 



George A. Anderson, Mayor



Deborah F. Hopkins

City Clerk