September 23, 2009 Council Meeting Minutes

 City of Heyburn Council Meeting Minutes

September 23, 2009

7:00 P.M.

Council Present:

Cleo Gallegos, Rocky Baker, Leann Smith and Dee Ray Bailey.

Employees Present:

Steve Tuft, Earl Andrew, Ralph Martini, Dan Bristol, Deb Hopkins and Scott Spevak.

Visitors Present: Stan Zielinski, Joanne Justesen, Donna Meade, Ron and Denise Dietz, Davis and Karen VanSant, Margie Owens, John Paskett, Bill and Norma Morrison, and Donetta Chigbrow.

Meeting conducted by Mayor George A. Anderson.

Pledge of Allegiance led by Mayor George A. Anderson.

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.

Mayor Anderson amended the agenda to include Discuss/Approve Agreement of the Effectiveness of the Load Commitment Agreement and Waiver of Withdraw Rights.  The reason this item was added to the agenda was the information was received today and must be acted upon before the next council meeting.   

Approve Minutes of the Council Meeting on September 9, 2009.

Motion by Dee Ray Bailey to approve paying the bills except the Bailey Oil bill. Second by Leann Smith. Vote: Cleo Gallegos - Aye; Rocky Baker - Aye; Leann Smith - Aye; Dee Ray Bailey - Aye.

Approve Paying the Bills.

Motion by Leann Smith to approve paying the bills. Second by Cleo Gallegos. Vote: Cleo Gallegos - Aye; Rocky Baker - Aye; Leann Smith - Aye; Dee Ray Bailey - Aye.

Approve Paying the End of Year Bills.

Deputy City Clerk Deb Hopkins explained this request is in order that the bills can be processed quickly in order to close the current fiscal year. 

Motion by Cleo Gallegos to approve paying the year end bills. Second by Rocky Baker. Vote: Cleo Gallegos - Aye; Rocky Baker - Aye; Leann Smith - Aye; Dee Ray Bailey - Aye.

Discuss/Approve Agreement for Transfer of School Property.

City Attorney Steve Tuft explained to the Mayor and Council that the signed agreement they have from the School District is incorrect.  Three small changes need to be made to the final draft. 

Cleo Gallegos made a motion to approve the Agreement for the Transfer of School Property and authorize the mayor’s signature when the final corrected version has been received from the school district. Second by Dee Ray Bailey. Roll Call Vote: Cleo Gallegos - Aye; Rocky Baker - Aye; Leann Smith - Aye; Dee Ray Bailey - Aye.

Discuss/Approve Amended Resolution No. 2009-6 Park Fees.

RESOLUTION OF THE CITY OF HEYBURN PROVIDING FOR DEPOSITS FOR THE RESERVATION OF A CITY PARK OR PORTIONS THEREOF AND PROVIDING FOR EFFECTIVE DATE.

City Attorney Steve Tuft encouraged the council members to carefully read the resolution and get back to him with any changes or corrections, as the resolution was a compilation of existing resolutions. 

This item will be put back on the next meeting.

Discuss Ordinance No. 524 Uses of City Parks, Amphitheater and Other Facilities.

AN ORDINANCE OF THE CITY OF HEYBURN OF HEYBURN, IDAHO, AN ORDINANCE OF THE CITY OF HEYBURN, IDAHO REPEALING THE EXISTING SECTION 5-7-5 A. AND F. DEALING WITH USES OF CITY PARKS AND PROVIDING FOR NEW REGULATIONS FOR USES OF CITY PARKS, AMPHITHEATER AND OTHER FACILITIES; AND PROVIDING FOR EFFECTIVE DATE.

After discussion, it was decided to table this item until the next meeting.

Discuss/Approve Recreational Activities and a Plan for the City of Heyburn’s Elementary School - Ron Dietz.

Ron Dietz distributed a Heyburn Recreation and Community Center Proposal to the mayor, city superintendent, and council members.  He went over his proposal and invited council members and other city employees to call him if they have any questions regarding his proposal.

After discussion, this item was also tabled until the next meeting. 

Discuss/Approve a November Activity of a Haunted House at the Old Heyburn School - John Paskett.

John Paskett discussed with the Mayor and Council his Haunted House Proposal for the old Heyburn Elementary School.  He stated that in the past he has done 22 previous Haunted House events.  He also stated his staff is first aid and CPR trained.  Insurance for the event is through Farm Bureau.  There were some questions as to what parts of the building they were looking at using and the possibility of sectioning off portions if this event were to be held.  City Attorney Steve Tuft explained that there is a two-week hold pending publication of the required legal notices.  Mr. Paskett stated that the proceeds would be divided three ways between the city, school district and his organization if that was the desire of the council. 

After discussion, it was agreed to split the money three ways:  Heyburn Horizon Committee, City, and Mr. Paskett’s organization.

Steve Tuft stated that a Use Policy for the building needs to be developed.  Steve suggested the council develop a draft policy.   

Discuss Property Vacation at 1750 Highway 30 - Myron Wilson.

Myron Wilson presented information to the Mayor and Council regarding his proposal to even up property lines and utility easements along Highway 30. 

After lengthy discussion, a Special City Council Meeting was scheduled for Wednesday, September 30, 2009 at 5:30 PM at the Heyburn City Council Chambers.  At which time, council members will have the opportunity to visit the site of the proposed changes. 

Mayor Time:

Deputy City Clerk Deb Hopkins informed the Mayor and Council that the City of Heyburn’s designated Polling Place will be the Council Chambers at 941 18th Street.

She stated the designated Judge will be Ila Despain and the Clerks for the Election will be Ruth Davis, Gail Palomarez and Norma Olsen.

City Attorney Steve Tuft discussed the importance of having city codes online and other information such as applications for permits.  Deb Hopkins read the proposal from Sterling Codifiers.  Motion by Rocky Baker to approve Sterling Codifier’s proposal for putting the City Code online.  Second by Cleo Gallegos.   Vote: Cleo Gallegos - Aye; Rocky Baker - Aye; Leann Smith - Aye; Dee Ray Bailey - Aye.

Discuss/Approve Changing Police Cell Phones - Dan Bristol.

Police Chief Dan Bristol informed the Mayor and Council that Sheriff Halverson had contacted him regarding the discontinuation of the cell phone service that has been utilized by the Heyburn Police Department.  Council members asked for a comparison of cell phone providers and services to be presented at the next council meeting.

Recommendation from Planning and Zoning Regarding a Variance Application.

This item was removed from the agenda.                                

Discuss/Approve Agreement of the Effectiveness of the Load Commitment Agreement and Waiver of Withdraw Rights. 

City Attorney Steve Tuft briefly stated the agreement is asking for a waiver.  

Motion by Leann Smith to authorize the mayor to sign the Agreement of the Effectiveness of the Load Commitment Agreement and Waiver of Withdraw Rights.  Second by Dee Ray Bailey.  Roll Call Vote: Cleo Gallegos - Aye; Rocky Baker - Aye; Leann Smith - Aye; Dee Ray Bailey - Aye.

Meeting adjourned at 8:45 PM. 

/s/George A. Anderson, Mayor

/s/Deborah F. Hopkins, Deputy City Clerk/Treasurer