July 25, 2012 City Council Minutes

City of Heyburn Council Meeting Minutes

July 25, 2012

7:00 P.M.

 

Council Present:

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

 

Employees Present:

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

 

Visitors Present: 

Dave Abrahamson, Josh Brown, Jeff Brewster, Ivan McCracken, Donn Carnahan, Mayor Terry Greenman, Laurie Welch, Lyle Santos and Leisel Snyder.

 

Meeting conducted by Mayor George A. Anderson.  Mayor Anderson extended a special welcome to Mayor Terry Greenman from the City of Burley.  Mayor Anderson then led those present in the Pledge of Allegiance.    Mayor Anderson changed the order on two items of the agenda -  Item No. 11 – Discuss/Approve Revised Electric Facilities Service Agreement to Item No. 3 and Item No. 3 – Discuss/Approve Ordinance No. 547 – Requiring Termination of Utility Service to Deceased Customers – Second Reading to Item No. 11.

 

Approve Minutes of the July 11, 2012 Council Meeting, the July 16, 2012, and the July 23, 2012 Special Council Meeting  

Motion by Cleo Gallegos to approve the minutes of the July 11, 2012 council meeting, the July 16, 2012, and the July 23, 2012 special council meetings as presented.  Second by Leann Smith.  Vote:  Cleo Gallegos - Aye; Rocky Baker - Aye.  Leann Smith – Aye; Joanne Justesen - Aye.   

 

Executive Session for Matters of Litigation as Per Idaho Code 67-2345 (f)

Motion by Joanne Justesen to go into executive session for matters of litigation as per Idaho Code 67-2345 (f).  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, Rocky Baker, Joanne Justesen, and Leann Smith.

 

Employees Present:

Steven Tuft, Deborah Hopkins, and Greg Richins.

 

Guests Present:

None. 

 

Meeting conducted by Mayor George A. Anderson. The topic was a matter of litigation.  This matter was discussed with the mayor, council members and staff present.  Executive Session began at 7:06 PM and concluded at 7:12 PM.  No decisions were made. 

 

 

July 25, 2012  – City Council Minutes- Page 2

 

The council meeting returned to open session and continued with the remainder of the agenda items. 

 

Discuss/Approve Paying the Bills

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

 

Discuss/Approve Revised Electric Facilities Service Agreement

City Attorney Steven Tuft stated the agreement has been modified slightly and has been signed by the City of Burley.  He also stated the Lease Agreement will be presented at the next council meeting for approval.    

 

Motion by Rocky Baker to approve and authorize the mayoral signature on the Revised Electric Facilities Service Agreement with the City of Burley.  Second by Cleo Gallegos.  Vote:  Cleo Gallegos – Aye; Rocky Baker – Aye; Leann Smith – Aye; Joanne Justesen - Aye.

 

Discuss/Approve Resolution No. 2012-6 Adopting Conditions & Performance Standards for Issuing and Maintaining a License to Collect and Haul Garbage for Commercial Customers

Motion by Leann Smith to adopt Resolution No. 2012-6.  Second by Cleo Gallegos.  Roll Call Vote:  Cleo Gallegos - Aye; Leann Smith - Aye; Rocky Baker – Nay; Joanne Justesen - Nay.  Mayor Anderson broke the tie by voting Nay.  Motion did not carry.  This item will be brought forward to the next city council meeting. 

 

Discuss/Approve Resolution No. 2012-7 – Defining What is a Commercial Account for Purposes of Garbage Commercial Collection

Motion by Joanne Justesen to adopt Resolution No. 2012-7.  Second by Leann Smith.  Roll Call Vote:  Cleo Gallegos - Aye; Leann Smith - Aye; Rocky Baker – Nay; Joanne Justesen - Aye. 

 

Discuss/Review Love’s Intersection Information – JUB Engineers - Ivan McCracken 

Ivan McCracken from JUB Engineers presented information to those present on the various types of funding methods that could be available for the creation of the Love’s intersection.

 

The mayor thanked Mr. McCracken for presenting this information.

 

21st Street Project Update – Keller Associates – Donn Carnahan

Donn Carnahan from Keller Associates provided an update for those present on the 21st Street Project.  The work remaining on the project includes the right-of-way acquisitions.  He stated, depending on the available funding, this project is slated to begin construction in 2014.  

 

Discuss/Approve Property Use Agreement for 21st Street Reconstruction – Keller Associates

City Attorney Steven Tuft stated there were still some unresolved issues with this agreement and asked that this item be on the next city council agenda. 

 

July 25, 2012  – City Council Minutes- Page 3

 

Discuss/Approve Ordinance No. 548 – Beer & Wine License Date Correction with Suspension of the Rule Requiring Three Readings and Adopt in One Reading

City Clerk Deborah Hopkins stated Ordinance No. 548 is a correction to the Heyburn City Code reflecting the renewal date change from January 1st of every year, to August 1st of every year.    

 

Motion by Cleo Gallegos to have City Attorney Steven Tuft read Ordinance No. 548 by title only and to approve in one reading.  Second by Joanne Justesen.  Vote:  Cleo Gallegos – Aye; Rocky Baker – Aye; Leann Smith – Aye; Joanne Justesen - Aye.

 

City Attorney Steven Tuft read Ordinance No. 548 by title only.

 

Motion by Cleo Gallegos to approve Ordinance No. 548 with the suspension of the rule requiring three readings and adopt in one reading.  Second by Leann Smith.  Roll Call Vote:  Cleo Gallegos – Aye; Rocky Baker – Aye; Leann Smith – Aye; Joanne Justesen - Aye.

 

Discuss/Approve 2012-13 Beer & Wine Licenses

City Clerk Deborah Hopkins reported that renewal fees for the 2012-13 beer and wine licenses had been received by TAG, Inc., The Hub Plaza, Joe’s River Bar, and Love’s. 

 

            Hub Plaza                    Beer - Off Premise                    31.25

            Love’s                         Beer - Off Premise                    31.25

            Joe’s River Bar            Beer - On & Off Premise        125.00

                                                Wine - On Premise                  150.00

            TAG Inc. (Tony’s)      Beer - Off Premise                    31.25

                                                Wine - Off Premise                   50.00

            The Pub                       Beer - On & Off Premise        125.00

                                                Wine - On Premise                  150.00

 

She stated the fees have not been received for The Pub, but asked the council member to consider approving the license pending receipt of the required paperwork and fees. 

 

Heyburn Police Chief Dan Bristol stated there had been no issues with the above mentioned establishments.

 

Motion by Rocky Baker to approve the 2012-13 beer and wine licenses for TAG, Inc., Love’s, The Hub Plaza, Joe’s River Bar, and The Pub pending receipt of the fees and proper paperwork.  Second by Joanne Justesen.  Vote:  Cleo Gallegos – Aye; Rocky Baker – Aye; Leann Smith – Aye; Joanne Justesen - Aye.

 

 

Discuss/Approve Ordinance No. 547 – Requiring Termination of Utility Service to Deceased Customers – Second Reading

Motion by Leann Smith to have City Attorney Steven Tuft read Ordinance No. 547 by title only for the second reading.  Second by Rocky Baker.  Vote:  Cleo Gallegos - Aye; Leann Smith - Aye; Rocky Baker – Aye; Joanne Justesen - Aye. 

July 25, 2012  – City Council Minutes- Page 4

 

City Attorney Steven Tuft read Ordinance No. 547 by title only for the second reading.

 

Discuss/Approve Electric Construction Quotes for Bureau of Reclamation Building

City Superintendent Greg Richins reviewed the three quotes that had been received for the electric construction work for the Bureau of Reclamation.  He stated he had received quotes from United Electric, Caribou Construction, and Probst Electric. 

 

Motion by Cleo Gallegos to award the electric line extension work for the Bureau of Reclamation building to United Electric in the amount of $27,277.48.  Second by Joanne Justesen.  Vote:  Cleo Gallegos – Aye; Rocky Baker – Aye; Leann Smith – Aye; Joanne Justesen - Aye.

 

Discuss/Approve DEQ Sub-grant Agreement

City Superintendent Greg Richins briefly went over the DEQ Sub-grant Agreement with those present.  He stated decommissioning Well No. 1 is needed to protect the City of Heyburn water source.  Total amount budgeted for this project is $12,005. 

 

Motion by Leann Smith to authorize the mayoral signature on the DEQ Sub-Grant Agreement in the amount of $9,505, with the City of Heyburn matching contribution of $2,500.  Second by Rocky Baker.  Vote:  Cleo Gallegos – Aye; Rocky Baker – Aye; Leann Smith – Aye; Joanne Justesen - Aye.

 

Executive Session for Matters of Litigation as Per Idaho Code 67-2345 (f)

Motion by Joanne Justesen to go into executive session for matters of litigation as per Idaho Code 67-2345 (f).  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, Rocky Baker, Joanne Justesen, and Leann Smith.

 

Employees Present:

Steven Tuft, Deborah Hopkins, and Greg Richins.

 

Guests Present:

None. 

 

Meeting conducted by Mayor George A. Anderson. The topic was a matter of litigation.  This matter was discussed with the mayor, council members and staff present.  Executive Session began at 8:28 PM and concluded at 8:37 PM.  No decisions were made. 

 

 

 

 

 

July 25, 2012  – City Council Minutes- Page 5

 

 

 

The council meeting ended at 8:37 PM. 

 

 

 

 

 

 

George A. Anderson                                       Deborah F. Hopkins   

Mayor                                                              City Clerk