March 10, 2010 Minutes
City of Heyburn Council Meeting and Public Hearing Minutes
March 10, 2010
7:00 P.M.
Council Present:
Cleo Gallegos, Leann Smith, and Joanne Justesen. Rocky Baker excused.
Employees Present:
Deb Hopkins, Scott Spevak, Dan Bristol, and Steve Tuft.
Visitors Present:
Jan Bywater, Vernon Stephens, Norma and Bill Morrison, Noel Santana, Roy Belnap, Bonnie and Lyle Christensen, Barry Caldwell, Lawrence Burch, Russ Young, Tina Christensen, Nevin O’Berg, and Paul Aston.
Meeting conducted by Mayor George A. Anderson.
Mayor Anderson welcomed everyone to the meeting. He led those in attendance in the Pledge of Allegiance.
An agenda may be amended after the start of a meeting upon a motion that states the reason for the amendment and states the good faith reason the agenda item was not included in the original agenda posting.
Approve Minutes of the Council Meeting on February 24, 2010.
Motion by Joanne Justesen to approve the minutes for the Council Meeting held on February 24, 2010. Second by Leann Smith. Vote: Cleo Gallegos – Aye; Leann Smith – Aye; Joanne Justesen – Aye.
Discuss/Approve Paying the Bills.
Motion by Cleo Gallegos to approve paying the bills as presented. Second by Leann Smith. Vote: Cleo Gallegos – Aye; Leann Smith – Aye; Joanne Justesen – Aye.
Public Hearing on Annexation and Zoning Designation - Kim Christensen Property
Mayor Anderson opened the Public Hearing on the Annexation and Zoning Designation of the Kim Christensen Property.
Councilwoman Joanne Justesen disclosed that she had actually talked with Kim and Tina Christensen prior to being sworn in as a council member about this proposed annexation.
City Attorney Steve Tuft asked if any aspect of that conversation that would prejudice her from making a fair and impartial decision.
Councilwoman Justesen replied “No.”
Paul Aston, Minidoka County Planning and Zoning Administrator briefed the mayor and council with the background with respects to the application for annexation. Kim Christensen was deeded a small parcel of ground by his mother Thelma to build a small building for his taxidermy business. It is not a full acre and it is not in the city limits. It is a non-conforming lot size to permit a septic system by the South Central Health District.
The Planning and Zoning Commission heard the petition on March 8, 2010. In preparing this petition, Mr. Aston actually advertised it for a larger area on purpose by design. It was advertised for the full 40 acres of the Christensen farm to allow the Planning and Zoning Commission the opportunity to consider the whole parcel, instead of just the one small property parcel.
He stated the Burch’s own most of the ground and have a residential development there with a limited commercial development on the frontage. The other property owners are Lyle Christensen, the Minidoka County Fire Protection District, Thelma Christensen, and Noel Santana.
The Planning and Zoning Commission have recommended that the City annex the whole 40 acres. The Planning and Zoning Commission also had a subsequent recommendation and that was if the city did not annex the whole Burch’s property, then the recommendation was to annex all the small parcels to the corner. He stated that to annex the Kim Christensen property alone is an option, but it would be poor planning in his opinion.
All people that would be impacted by this potential annexation have been contacted. Mr. Aston has talked to the various owners and tried to answer questions telling them that if they are annexed into the city, it will raise their taxes.
He summarized by saying the options to consider are: 1) annex the whole 40 acres; 2) annex a portion of it; or 3) annex the Kim Christensen property only.
Mayor Anderson opened the Public Hearing.
The documents submitted to the mayor and council for review were the Assessor’s printout of the subject property and the second item being a survey for Thelma Christensen dated November 3, 2009.
Nevin O’Berg - CNR Construction of Kimberly - Mr. O’Berg spoke on behalf of Kim and Tina Christensen stating that if this property was not annexed into the city, Mr. Christensen would have to move his business to a different location. Mr. Christensen needs his property to be annexed into the city so that city services would be available to him. Mr. O’Berg stated the property is a little over a 1/2 acre and that by county code to install a septic system, there has to be at least one acre.
Mayor Anderson called for anyone in attendance that wished to speak in favor of this annexation.
Lawrence Burch - Mr. Burch spoke in favor of the annexation. Mr. Burch questioned if he would be able to continue to run cows and burn his ditches if his property is annexed into the city. City Attorney Steve Tuft stated that any pre-existing lawful use of the property is contiguous.
Lyle Christensen - Mr. Lyle Christensen asked if he would still be permitted to maintain his livestock. City Attorney Tuft answered his questions pertaining to county ordinances and lawful use within the city.
Hearing no one else speaking in favor of the annexation, Mayor Anderson asked for anyone present if they wanted to speak against the proposed annexation.
Hearing none, Mayor Anderson closed the public hearing.
Motion by Leann Smith to re-open the public hearing in order to ask more questions. Second by Joanne Justesen. Vote: Cleo Gallegos – Aye; Leann Smith – Aye; Joanne Justesen – Aye. Mayor Anderson stated for the record that no one has left the public hearing.
Mayor Anderson asked if there was anyone present who wanted to speak in favor of this annexation.
Discussion at this time centered on the possible zoning and re-zoning of these properties if they were annexed into the city.
Mayor Anderson then asked if there was anyone present who was not in favor of the annexation. Attorney Steve Tuft then asked all those present if there was anyone who had something to say.
Mr. O’Berg reiterated the importance of the 340’ in order to build on the Christensen property.
Attorney Steve Tuft once again asked the council members if they had any questions for anyone in the audience regarding this property and the proposed annexation.
Hearing no further comments, Mayor Anderson declared the public hearing closed.
Motion by Leann Smith to instruct City Attorney Steve Tuft to prepare an ordinance for the re-zone and annexation of the Christensen, Burch, and Santana property, with the front 400’ zoned Commercial Local, with the rest of the property as Residential Medium. Second by Cleo Gallegos. Vote: Cleo Gallegos – Aye; Leann Smith – Aye; Joanne Justesen – Aye.
Motion by Cleo Gallegos to adopt a resolution to authorize providing of water and sewer services to the Kim Christensen property owned by him that is outside the city limits also known as 1550 21st Street to be hooked up to city water and sewer after the hookup fees have been paid. Second by Leann Smith. Vote: Cleo Gallegos – Aye; Leann Smith – Aye; Joanne Justesen – Aye.
Second Reading - Ordinance No. 528 & 529 Cableone Franchise Agreement & Project Mutual Telephone Agreement, respectively
Motion by Leann Smith to have City Attorney Steve Tuft read Ordinance No. 528 and 529 by title only for the second reading. Second by Joanne Justesen. Vote: Cleo Gallegos – Aye; Leann Smith – Aye; Joanne Justesen – Aye.
Steve Tuft read Ordinances 528 & 529 by title only.
Discuss/Approve Cable One Pole and Easement Use Agreement
Discuss/Approve Project Mutual Telephone Pole and Easement Use Agreement
Discuss/Entertain Options for the Irrigation Water System at Blue River Estates -
Roy Belnap
Roy Belnap of Blue River Estates explained to the mayor, council members and others present on the progress of the irrigation system at Blue River Estates. Mr. Belnap is asking the mayor, council, and staff to considering taking over the irrigation pump and lines he has installed for irrigating the property at Blue River Estates stating that it would benefit the city as well.
Discuss/Approve 2010 Minico Senior Celebration
Mayor Anderson stated that the City of Heyburn had received a donation request from the 2010 Minico Senior Celebration. Motion by Cleo Gallegos to table this item. Second by Joanne Justesen. Vote: Cleo Gallegos – Aye; Leann Smith – Aye; Joanne Justesen – Aye.
Discuss Possible Available City Programs - Tami Ursenbach
Tami Ursenbach was not present.
Discuss/Appoint City of Heyburn Economic Delegate
Mayor Anderson discussed with the council members the importance of having representation in the form of an Economic Delegate for the City of Heyburn.
Motion by Leann Smith to appoint Tami Ursenbach to represent the City of Heyburn as their delegate. Second by Cleo Gallegos. Vote: Cleo Gallegos – Aye; Leann Smith – Aye; Joanne Justesen – Aye.
Discuss/Approve PSI Rate Increase
Motion by Cleo Gallegos to approve the 3.4% rate increase requested by PSI with the City absorbing the cost increase and not passing it on to the residents. Second by Joanne Justesen . Vote: Cleo Gallegos – Aye; Leann Smith – Aye; Joanne Justesen – Aye.
Executive Session for Personnel and Matters of Commerce as authorized by Idaho Code Section 67-2345.
Motion by Joanne Justesen for an Executive Session for Personnel and Matters of Commerce as authorized by Idaho Code Section 67-2345. Second by Leann Smith. Roll Call Vote: Cleo Gallegos – Aye; Leann Smith – Aye; Joanne Justesen – Aye.
Executive Session Minutes.
Council Present:
Cleo Gallegos, Leann Smith and Joanne Justesen. Rocky Baker - excused.
Employees Present:
Steve Tuft, Deb Hopkins, and Scott Spevak.
Guests Present:
Barry Caldwell
Meeting conducted by Mayor George A. Anderson.
No decisions were made.
The executive session ended at 10:00 p.m.
George A. Anderson, Mayor
Deborah F. Hopkins, City Clerk