October 26, 2016 Council Meeting Minutes
Mayor: Mayor Cleo Gallegos.
Council Present: Rocky Baker, Dick Galbraith, Dusty Galliher, and Joanne Justesen.
Employees Present:
Greg Richins, Michael Tribe, Ralph Martini, Anson Parke, Eric Christensen, Ririe Thomander, Dan Bristol, and Ashlee Langley.
Visitors Present:
Roy Belnap, Tony Morley, Dalles Duffin, Sonia Duffin, Karen Thomander, Rose Schmitt, Leanne Smith, Tom Toronto, Christian Anderson, Michael Tippets, and Jo Elg.
Meeting conducted by Mayor Cleo Gallegos who welcomed everyone to the meeting.
Welcome & Pledge
Mayor Gallegos asked Tom Toronto to lead those present in the Pledge of Allegiance.
Discuss/Approve Minutes of the September 28, 2016 Council Meeting
Motion by Dick Galbraith to approve the minutes of September 28, 2016 Council Meeting as presented. Second by Rocky Baker. Roll-Call Vote: Rocky Baker – Aye; Dick Galbraith – Aye; Dusty Galliher - Aye; Joanne Justesen – Aye.
Discuss/Approve Paying the Bills
Motion by Dick Galbraith to approve the bills as presented. Second by Rocky Baker. Roll-Call Vote: Rocky Baker – Aye; Dick Galbraith – Aye; Dusty Galliher - Aye; Joanne Justesen – Aye.
Continuation of Public Hearing for Subdivision Application Submitted by B.E. Smith Investments
Dalles Duffin stated that the City Staff and B.E. Smith Investments met on October 13, 2016 to discuss the details regarding cost sharing for curb and gutter. At this meeting B.E. Smith Investments agreed to provide the curb and gutter along I Street with the understanding that the City would provide the earth work and prep. The City also agreed to continue the curb and gutter along the ball field and along 20th Street on the north end to the property line.
Dalles Duffin stated that B.E. Smith Investments have not decided whether or not they would be building duplexes or homes on the lots. Mr. Duffin did state that they were leaning towards a home for the first one that goes up. Mr. Duffin said they will base the rest of the lots on what they are zoned for.
Planning & Zoning Administrator Tony Morley recommended the council approve the Subdivision Application submitted by B.E. Smith Investments
Cleo Gallegos opened the public hearing.
Those speaking in favor of the Subdivision Application were: None.
Those speaking against the Subdivision Application were: None.
Those speaking neither against nor in favor of the Subdivision Application were: None.
Hearing no comments, the Mayor closed the public hearing.
Discuss/Approve Subdivision Application Submitted by B.E. Smith Investments
Motion by Joanne Justesen to approve the Subdivision Application submitted by B.E. Smith Investments with the agreement that was made regarding curb and gutter at the City Staff meeting held on October 13, 2016. Second by Dick Galbraith. Roll-Call Vote: Rocky Baker – Aye; Dick Galbraith – Aye; Dusty Galliher – Nay if any of the dwellings were going to be duplexes and Aye if the dwellings were going to be single family dwellings; Joanne Justesen – Aye.
GIS Update – Tom Toronto
Tom Toronto presented an update on the progress being made on the City of Heyburn GIS system.
Discuss/Approve 2017 Maintenance Agreement for Vision Hardware and IT Services
City Clerk Ashlee Langley presented the 2017 Maintenance Agreement for Vision Hardware and IT Service. This agreement is for the computers as well as the server located in City Hall.
Motion by Joanne Justesen to approve the 2017 Maintenance Agreement for Vision Hardware and IT Services as presented. Second by Dusty Galliher. Roll-Call Vote: Rocky Baker – Aye; Dick Galbraith – Aye; Dusty Galliher - Aye; Joanne Justesen – Aye.
Zions Bank Bonds Presentation on 2008 Water Bond Refunding – Christian Anderson
Christian Anderson, Vice President for Zions Public Finance, Inc. in Boise, ID and Michael Tippets, Public Finance Relationship Manger, in Boise, ID presented refunding options to the Mayor and City Council regarding the 2008 Water Bond and the 2010A Wastewater Revenue Bond. Mr. Anderson explained with municipal bond rates at the lowest point they’ve ever been, this is a great time for the City to look into refinancing the 2008 Water Bond as well as the 2010A Wastewater Revenue Bond for an estimated savings of $414,091 gross on the Water Bond and $214,112 gross on the Wastewater Bond.
Motion by Rocky Baker to approve moving forward with refunding on the 2008 Water Bond as well as the 2010A Wastewater Revenue Bond and use Stephanie J. Bonney with MSBT Law as legal counsel. Second by Dick Galbraith. Roll-Call Vote: Rocky Baker – Aye; Dick Galbraith – Aye; Dusty Galliher - Aye; Joanne Justesen – Aye.
Discuss/Approve Sign Donation - Moyle Mink & Tannery
This item was tabled to the November 9, 2016 Council Meeting.
Discuss/Approve Memorandum of Understanding with Moyle Holdings, LLC
This item was tabled to the November 9, 2016 Council Meeting.
Discuss/Approve Falcon Mini Asphalt Recycler and Hot Box – Anson Parke
Street Department Manager, Anson Parke presented a quote for the purchase of a Falcon Mini Asphalt Recycler and Hot Box. Mr. Parke stated buying cold mix in bulk rather than in buckets will be a big savings to the City.
Motion by Joanne Justesen to approve the purchase of a Falcon Mini Asphalt Recycler and Hot Box from Olympus Equipment in the amount of $12,296.00. Second by Rocky Baker. Roll-Call Vote: Rocky Baker – Aye; Dick Galbraith – Aye; Dusty Galliher - Aye; Joanne Justesen – Aye.
Discuss/Approve/Ratify 21st Street Supplemental CE&I Agreement
City Superintendent Greg Richins presented the 21st Street Supplemental CE&I Agreement for the additional CE&I services needed to accommodate the additional work time encountered on the 21st Street project.
Motion by Dusty Galliher to ratify the signing of the 21st Street Supplemental CE&I Agreement due to the fact the agreement needed to be signed as to not delay the CE&I services. Second by Joanne Justesen. Roll-Call Vote: Rocky Baker – Aye; Dick Galbraith – Aye; Dusty Galliher - Aye; Joanne Justesen – Aye.
Discuss/Approve 2nd Amended Developers Agreement - Blue River Properties
City Attorney Michael Tribe presented the 2nd Amended Developers Agreement for Blue River Properties to those present. Mr. Tribe stated this agreement was made to address a couple of items that were not in the original agreement.
Motion by Rocky Baker to approve the 2nd Amended Developers Agreement with Blue River Estates as presented. Second by Joanne Justesen. Roll-Call Vote: Rocky Baker – Aye; Dick Galbraith – Aye; Dusty Galliher - Aye; Joanne Justesen – Aye.
Discuss/Approve Memorandum of Understanding with Mini-Cassia Chamber of Commerce
This item was tabled.
Discuss/Approve/Adopt Ordinance No. 16-585 – Mass Gathering Ordinance – First and Only Reading
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF HEYBURN, IDAHO, FOR LICENSING AND REGULATING MASS GATHERINGS, SPECIAL EVENTS OR OTHER PUBLIC ASSEMBLIES, AND PROVIDING AN EFFECTIVE DATE.
Motion by Dusty Galliher to have City Attorney Michael Tribe read Ordinance No. 16-585 – Mass Gathering Ordinance by title only for its first and only reading. Second by Rocky Baker. Roll-Call Vote: Rocky Baker – Aye; Dick Galbraith – Aye; Dusty Galliher - Aye; Joanne Justesen – Aye.
City Attorney Michael Tribe Read Ordinance No. 16-585 by title only.
Motion by Dusty Galliher adopt Ordinance No. 16-585 – Mass Gathering Ordinance as presented. Second by Joanne Justesen. Roll-Call Vote: Rocky Baker – Aye; Dick Galbraith – Aye; Dusty Galliher - Aye; Joanne Justesen – Aye.
Discuss/Approve/Declare Adding Police Patrol Vehicle & Damaged Cell Phones to Existing
Surplus List
Motion by Joanne Justesen to approve and declare adding the Police Patrol Vehicle and Damaged Cell Phones to the existing surplus list, delivering the cell phones to the Women’s Shelter. Second by Dick Galbraith. Roll-Call Vote: Rocky Baker – Aye; Dick Galbraith – Aye; Dusty Galliher - Aye; Joanne Justesen – Aye.
Discuss/Approve/Adopt Resolution No. 16-6 – Support the Relocation of the Airport Facility
A RESOLUTION OF THE CITY OF HEYBURN SUPPORTING THE RELOCATION OF THE AIRPORT FACILITY AND DECLARATION OF INTENT TO CONTINUE CONSTRUCTIVE DIALOGUE AND INPUT.
City Attorney Michael Tribe presented Resolution No. 16-6 for the Support of the Relocation of the Airport Facility. Mr. Tribe explained that this resolution is simply a statement of support that will go to the FAA pursuing one of two possible sites and does not bind the City in anyway.
Mayor Gallegos and Councilwoman Joanne Justesen were against supporting the resolution or efforts to acquire land for the airport if it involved the use of eminent domain.
Motion by Dick Galbraith to have City Attorney Michael Tribe read Resolution No. 16-6 Support the Relocation of the Airport Facility by title only for its first and only reading. Second by Rocky Baker. Roll-Call Vote: Rocky Baker – Aye; Dick Galbraith – Aye; Dusty Galliher - Aye; Joanne Justesen – Aye.
City Attorney Michael Tribe Read Resolution No. 16-6 by title only.
Motion by Dick Galbraith to adopt Resolution No. 16-6 for the Support of the Relocation of the Airport Facility. Second by Rocky Baker. Roll-Call Vote: Rocky Baker – Aye; Dick Galbraith – Aye; Dusty Galliher - Aye; Joanne Justesen – Aye.
Review of Monthly Department Head Reports
The October 2016 Monthly Department Head Reports were reviewed by those present.
Mayor’s Time & Committee Reports
Mayor Gallegos announced that the City received the silver award for Operation Facelift 2016 for the Most Improved Community Project.
Mayor Gallegos turned the time over to Police Chief Dan Bristol to introduce Brandon Byars and Russell Carsner and the two new reserve officers.
Police Chief Dan Bristol also introduced Ririe Thomander as the new full time Police Officer. Those present welcomed Mr. Thomander to the City.
Mayor Gallegos turned the time over to Councilman Rocky Baker. Mr. Baker announced that there will be an Animal Control Board Meeting on Tuesday, November 1, 2016 at 7:00 PM at the Rupert Council Chambers.
Comments from the Public
Mayor Gallegos opened this time up to the public for additional comments.
Executive Session
Pursuant to Idaho Code 74-206(f) to communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated. The mere presence of legal counsel at an executive session does not satisfy this requirement.
Motion by Dick Galbraith to go into Executive Session as per Idaho Code 74-206(f) litigation. Second by Joanne Justesen. Roll-Call Vote: Rocky Baker – Aye; Dick Galbraith – Aye; Dusty Galliher - Aye; Joanne Justesen – Aye.
Executive Session Minutes
The Executive Session was conducted by Mayor Cleo Gallegos. The topic was (f) to communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated. The mere presence of legal counsel at an executive session does not satisfy this requirement.
No decisions were made.
The Executive Session began at 8:42 PM and concluded at 9:05 PM.
The council meeting adjourned at 9:05 PM.
Cleo Gallegos Ashlee Langley
Mayor City Clerk/Treasurer