July 11, 2012 City Council Minutes

City of Heyburn Council Meeting Minutes and Public Hearing

July 11, 2012

7:00 P.M.

 

Council Present:

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

 

Employees Present:

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

 

Visitors Present: 

Dave Abrahamson, Josh Brown, Jason C. Merrell, Shannon Hanson, Mike Brown, Becky Terry, Laurie Welch, Lyle Santos and Leisel Snyder.

 

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

 

Approve Minutes of the June 27, 2012 Council Meeting  

Motion by Rocky Baker to approve the minutes of the June 27, 2012 council meeting as presented.  Second by Cleo Gallegos.  Vote:  Cleo Gallegos - Aye; Rocky Baker - Aye.  Leann Smith – Abstained.   

 

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; Rocky Baker - Aye.  

 

Discuss/Approve Waiver of Fees for Riverside Park for the Idaho International Music & Dance Festival - July 27, 2012 - Riverside Park - Becky Terry

Becky Terry asked the council to waive the fees for the use of the Riverside Park for the Idaho International Music and Dance Festival to hold a pot luck lunch and boating party for the dancers and their host families on July 27, 2012 from 11 AM to 4 PM.   

 

Motion by Leann Smith to waive the fees for the use of the Riverside Park on July 27, 2012 for the Idaho International Music and Dance Festival.  Second by Rocky Baker.  Vote:  Cleo Gallegos - Aye; Leann Smith - Aye; Rocky Baker - Aye. 

 

Discuss/Approve Waiver of Fees for Riverside RV Park & Use of Facilities

Shannon Hansen appeared before the mayor and council not as a representative of the Heyburn Music Festival, but rather appearing as a concerned citizen.  She stated this year would be the second year for the Heyburn Music Festival.  The purpose of the festival is to encourage youth to play music.  Her stated concerns were water, parking and restrooms available for the public.  She also asked for the donation of two tent spaces at the Heyburn Riverside RV Park stating the music festival is a two-day event and the musicians all volunteer their time.  She further stated, as the equipment is left set up overnight, the musicians would like to be able to keep watch over it.   

 

 

July 11, 2012 – City Council Minutes and Public Hearing – Page 2

 

Motion by Leann Smith to waive the fee of two tent spaces, the park fees, and vendor fees for the Heyburn Riverside RV Park for the nights of July 27-28, 2012.  Second by Rocky Baker.  Vote:  Cleo Gallegos - Aye; Leann Smith - Aye; Rocky Baker - Aye. 

 

Josh Brown from PSI offered to set up portable restrooms for this event at no cost. 

 

Public Hearing for Resolution No. 2012-5 Water and Waste Water Connection Fees

Mayor Anderson opened the public hearing for the water and waste water connection fees.

 

No one spoke in favor of increasing the water and waste water connection fees.  No one spoke against increasing the water and waste water connection fees were:

 

Hearing no comments, Mayor Anderson closed the public hearing.

 

Discuss/Approve Resolution No. 2012-5 Water and Waste Water Connection Fees

Motion by Leann Smith to adopt Resolution No. 2012-5 Water and Waste Water Connection Fees with the effective date being immediately.  Second by Cleo Gallegos.  Vote:  Cleo Gallegos - Aye; Leann Smith - Aye; Rocky Baker - Aye.   

 

Discuss/Approve Amendment to Revised Developer’s Agreement – Centennial Subdivision

City Attorney Steven Tuft stated the first Revised Developer’s Agreement had been reviewed by Bill Loughmiller.  The developer’s agreement has been revised from the original by removing the following statement from Item 7:  “No building permit for Lot 8A will be issued until such matter is resolved to the satisfaction of the city.”

 

Motion by Cleo Gallegos to approve the Revised Developer’s Agreement for the Centennial Subdivision.  Second by Rock Baker.  Vote:  Cleo Gallegos - Aye; Leann Smith - Aye; Rocky Baker - Aye. 

 

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

City Clerk Deborah Hopkins stated that by having this ordinance in place it will provide guidelines to use when customers pass away. 

 

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

 

City Attorney Steven Tuft read Ordinance No. 547 by title only.

 

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

 

 

July 11, 2012 – City Council Minutes and Public Hearing – Page 3

 

Receive Public Comments – Public comments were received from Josh Brown from PSI, Lyle Santos from Total Waste Management, and Dave Abrahamson from Western Waste Services.  Each representative was allowed to present their concerns, comments, and questions. 

 

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

Receive Public Comments – Public comments were received from Josh Brown from PSI, Lyle Santos from Total Waste Management, and Dave Abrahamson from Western Waste Services. Each representative was allowed to present their concerns, comments, and suggestions.  Some of those suggestions included listing churches and any dwelling over a duplex as commercial.  It was also suggested if a building had utilities under a corporate name, it should be considered commercial.  Also it was suggested that building remodels, such as re-roofing, to also be considered commercial. 

 

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

Motion by Rocky Baker 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.

 

Executive Session Minutes.

Council Present:

Cleo Gallegos, Rocky Baker, and Leann Smith.

 

Employees Present:

Steven Tuft, Deborah Hopkins, 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 8:07 PM and concluded at 8:50 PM.  No decisions were made. 

 

The council meeting ended at 8:50 PM. 

 

 

 

 

 

 

George A. Anderson                                       Deborah F. Hopkins   

Mayor                                                              City Clerk