September 12, 2012 City Council Minutes

City of Heyburn Council Meeting Minutes

September 12, 2012

7:00 P.M.

 

Council Present:

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

 

Employees Present:

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

 

Visitors Present: 

Laurie Welch, Dave and Janice Gibson, Rupert City Councilmen Jim Bowers and Todd McGhie, Jim Wright, Paul Aston, Mike Brown, and Leisel Snyder.

 

Meeting conducted by Mayor George A. Anderson.  Mayor Anderson then led those present in the Pledge of Allegiance.   

 

Mayor Anderson asked for a motion to amend the agenda to include the following:  Item 2B – Approve Payment of Acquisition of Rights of Way for the 21st Street Project for the following reason:  We have promised to make prompt payment; Item 11B – Discuss/Approve the Quotes for Paving the RV Park and Lincoln Boulevard for the following reason:  It is important that the paving be completed while the weather holds; and Item 13B – Approve the Second Revised Developer Agreement – Bill Loughmiller for the following reason:  The approval of this agreement affects property development and it needs to be taken care of as quickly as possible.

 

Motion by Rocky Baker to amend the agenda to includes Items 2B, 11B, and 13B.  Second by Cleo Gallegos.  Vote:  Cleo Gallegos - Aye; Rocky Baker – Aye; Leann Smith – Aye; Joanne Justesen - Aye.  

 

Approve Minutes of the August 22, 2012 Council Meeting and the August 28, 2012 Special Council Meeting  

Motion by Leann Smith to approve the minutes of the August 22, 2012 council meeting, and the August 28, 2012 special council meeting 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 Rocky Baker to approve paying the bills as presented.  Second by Leann Smith.  Vote:  Cleo Gallegos - Aye; Leann Smith - Aye; Rocky Baker – Aye; Joanne Justesen - Aye. 

 

Approve Payment of Acquisition of Rights of Way and Temporary Construction Easements for the 21st Street Project

Motion by Cleo Gallegos to approve payment for the acquisition of Rights of Way for the 21st Street Project as presented.  Second by Rocky Baker.  Roll Call Vote:  Cleo Gallegos – Aye; Leann Smith – Aye; Rocky Baker – Aye; Joanne Justesen – Aye.

 

 

 

Discuss/Approve Loan to the Heyburn Urban Renewal Agency to Pay Bills

Motion by Cleo Gallegos to approve the loan to the Heyburn Urban Renewal Agency to pay the bills.  Second by Leann Smith.  Vote:  Cleo Gallegos – Aye; Leann Smith – Aye; Rocky Baker – Aye; Joanne Justesen – Aye.

Discuss/Approve Ordinance No. 551 – Use of City Parks – For review purposes only

Discussion on this item has been deferred until the Amphitheater Committee has had a chance to review and make comment. 

Discuss/Approve Ordinance No. 552 – Annual Appropriation Ordinance with Suspension of the Rule Requiring Three Readings and Adopt in One Reading

Motion by Leann Smith to have City Attorney Steven Tuft read Ordinance No. 552 by title only and to adopt in one reading.  Second by Joanne Justesen.  Roll Call Vote:  Cleo Gallegos – Aye; Leann Smith – Aye; Rocky Baker – Aye; Joanne Justesen – Aye.

City Attorney Steven Tuft read Ordinance No. 552 by title only.

Motion by Leann Smith to adopt Ordinance No. 552 with the suspension of rules requiring three separate readings and adopt in one reading.  Second by Cleo Gallegos.  Roll Call Vote:  Cleo Gallegos – Aye; Leann Smith – Aye; Rocky Baker – Nay; Joanne Justesen – Aye.

 

Discuss/Approve Ordinance No. 553 – Amending Code 3-6-6 Modifying Type and Size of Garbage Containers – Second Reading

Motion by Joanne Justesen to have City Attorney Steven Tuft read Ordinance No. 553 – Amending Code 3-6-6 Modifying Type and Size of Garbage Containers by title only for the second reading.  Second by Leann Smith.  Vote:  Cleo Gallegos – Aye; Leann Smith – Aye; Joanne Justesen – Aye; Rocky Baker – Aye.

 

City Attorney Steven Tuft read Ordinance No. 553 by title only for the second reading.

 

Discuss/Approve Ordinance No. 554 – Junkyard Licenses to be Approved by the City Council – Second Reading

Motion by Leann Smith to have City Attorney Steven Tuft read Ordinance No. 554 – Junkyard Licenses to be Approved by the City Council by title only for the second reading.  Second by Cleo Gallegos.  Vote:  Cleo Gallegos – Aye; Rocky Baker – Aye; Joanne Justesen – Aye; Leann Smith – Aye.

 

City Attorney Steven Tuft read Ordinance No. 554 by title only for the second reading. 

 

Discuss/Approve Ordinance No. 556 - Amending Heyburn Code Eliminating Reference to Misdemeanor Convictions Being Limited to a Maximum Fine of $300 with Suspension of the Rule Requiring Three Readings and Adopt in One Reading 

City Attorney Steven Tuft explained this ordinance is to remove all referral to a dollar amount in the code book with reference to misdemeanors.

 

Motion by Rocky Baker to have City Attorney Steven Tuft read Ordinance No. 556 – Amending Heyburn Code by title only and to adopt in one reading.  Second by Joanne Justesen.  Vote:  Cleo Gallegos – Aye; Rocky Baker – Aye; Joanne Justesen – Aye; Leann Smith – Aye.

 

City Attorney Steven Tuft read Ordinance No. 556 by title only.

 

Motion by Leann Smith to adopt Ordinance No. 556 with the suspension of rules requiring three separate readings and adopt in one reading.  Second by Rocky Baker.  Roll Call Vote:  Cleo Gallegos – Aye; Rocky Baker – Aye; Joanne Justesen – Aye; Leann Smith – Aye.

 

Discuss/Approve or Decline Offer of Terrorism Additional Coverage

Mayor Anderson explained this is additional insurance coverage that the city needs to formally either accept or decline.

 

Motion by Joanne Justesen to decline the Offer of Terrorism Additional Coverage and to authorize the mayoral signature.  Second by Rocky Baker.  Vote:  Cleo Gallegos – Aye; Rocky Baker – Aye; Leann Smith – Aye; Joanne Justesen – Aye.

 

Report of the Minidoka Joint Powers Animal Control Meeting – Joanne Justesen & Cleo Gallegos

Councilwomen Justesen and Gallegos reported briefly on the special City of Rupert council meeting that dealt with animal control.

 

Review of Monthly Reports

Councilmembers reviewed the Monthly Reports from the department heads with City Superintendent Greg Richins who provided brief updates to the status of several projects within the city.

 

Discuss/Approve the Quotes for Paving the RV Park and Lincoln Boulevard

City Superintendent Greg Richins reviewed the two quotes received for paving of the Riverside RV Park and Lincoln Boulevard.

 

Motion by Cleo Gallegos to award the work to Kloepfer in the amount of $88,180.89 to do the paving at the RV Park and Lincoln Boulevard.  Second by Leann Smith.  Vote:  Cleo Gallegos – Aye; Rocky Baker – Aye; Leann Smith – Aye; Joanne Justesen – Aye.

 

Discuss/Approve Hiring of Travis Morrell as a Patrolman for the Heyburn Police Department – Chief Bristol

Mayor Anderson asked the council to approve the hiring of Travis Morrell as a patrolman for the Heyburn Police Department.  He stated funding has been included in the FY 2012-13 budget.

 

Motion by Cleo Gallegos to approve the hiring of Travis Morrell.  Second by Joanne Justesen.  Vote:  Cleo Gallegos – Aye; Joanne Justesen – Aye; Rocky Baker – Aye; Leann Smith – Aye.

Overhead Storage Tank Recommendation from Minidoka County Fire Protection District Chief Mike Brown

Minidoka County Fire Protection District Chief Mike Brown along with Paul Aston discussed the many variables involved with overhead storage tanks.  At the end of this discussion, it was decided to have a meeting with Mike Brown, Paul Aston, Greg Richins, and Mayor Anderson and then bring their findings and recommendations back to the city council.   

 

Approve the Second Revised Developer Agreement – Bill Loughmiller

City Attorney Steven Tuft stated there were a few minor changes that needed to be made on the Revised Developer Agreement that was previously approved.  The changes were to the access to the right of way which would allow transfer of the property. 

 

Motion by Rocky Baker to approve the Second Revised Developer Agreement and authorize the mayoral signature.  Second by Joanne Justesen.  Vote:  Cleo Gallegos – Aye; Rocky Baker – Aye; Joanne Justesen – Aye; Leann Smith – Aye.

 

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

Motion by Leann Smith 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; Joanne Justesen – Aye; Leann Smith – Aye.

 

Executive Session Minutes.

Council Present:

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

 

Employees Present:

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

 

Guests Present:

Mike Brown.

 

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 8:22 PM and concluded at 8:52 PM.  No decisions were made.

The council meeting ended at 8:52 PM. 

George A. Anderson                                       Deborah F. Hopkins   

Mayor                                                              City Clerk