December 9, 2009 Council Minutes
Minutes
City of Heyburn Council Meeting and Public Hearing Regarding Annexation and Zoning Map Amendment and a Variance Appeal Hearing.
December 9, 2009
7:00 P.M.
Council Present:
Cleo Gallegos, Rocky Baker, Leann Smith and Dee Ray Bailey.
Employees Present:
Steve Tuft and Linda Dayley. Scott Spevak excused.
Visitors Present:
Dawn Lage, Stan Zielinski, Dan Bristol, Bill and Joanne Justesen, Donna Meade, Steven and Patty Winks, Laurie Welch, Mary Owens and Mike Brown.
Meeting conducted 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.
Pledge of Allegiance led by Mayor George A. Anderson.
Approve Minutes of the Council Meeting on November 18, 2009.
Motion by DeeRay Bailey to approve the minutes of the Council Meeting on November 18, 2009. Second by Cleo Gallegos. Vote: Cleo Gallegos - Aye; Rocky Baker - Aye; Leann Smith - Aye; Dee Ray Bailey - Aye.
Approve/ Discuss Paying the Bills Except the Bailey Oil Bill.
Motion by Rocky Baker to approve paying the bills except Bailey Oil Bill. Second by Leann Smith. Vote: Cleo Gallegos - Aye; Rocky Baker - Aye; Leann Smith - Aye; Dee Ray Bailey - Aye.
Approve/Discuss the Bailey Oil Bill.
Motion by Leann Smith to approve paying the Bailey Oil Bill. Second by Cleo Gallegos. Roll Call Vote: Cleo Gallegos - Aye; Rocky Baker - Aye; Leann Smith - Aye; Dee Ray Bailey - Abstained
Public Hearing Regarding Annexation and Zoning Map Amendment.
Public Hearing for consideration of a petition by the Minidoka County Fire Protection District for the annexation and simultaneous zoning of certain real property adjacent to the City of Heyburn.
The land subject to this possible action, containing 5.52 acres, more or less, is described informally as parcels generally located south of 474 West 400 South, (approximately 1120 21st Street, Heyburn, Idaho) in Minidoka County.
The property is currently zoned by Minidoka County as CG (Commercial General) and the petition proposes that the City zones the land as the same. The annexation would be made pursuant to the authorization of Idaho Code Section 50-222(3)(b)(i).
Report for Planning and Zoning:
Donna Meade, Chairperson for Planning and Zoning, informed the Mayor and Council that the recommendation of P&Z was to approve the petition for annexation of the Minidoka County Fire Protection District and that the property is currently zoned by Minidoka County as CG (Commercial General) and the petition proposes that the City zones the land as the same.
Councilman Rocky Baker explained that he was on the board for the Minidoka County Fire Protection District and that he would abstain from participating in the deliberation and the vote.
Mayor Anderson opened the Public Hearing.
Applicant Presentation:
Fire Chief Mike Brown explained that the Fire District would like to build a new fire station at that location and would like the zoning to stay as commercial general.
Questions from Paul Aston.
Paul Aston explained that Heyburn’s Comprehensive Plan recognized the area as commercial general for added growth.
In favor of:
No Comment
Opposition:
No Comment
Final Rebuttal:
Mayor Anderson explained that where there was no one in favor of or any opposition that there would be no rebuttal.
Council person Leann Smith asked if it was a District Fire Station and how soon they would start construction.
Mike Brown answered that it would be a District Fire Station and they would like to start construction around February 15th, 2010.
Mayor Anderson closed the Public Hearing:
Motion by Leann Smith to approve Attorney Steve Tuft to draft an Ordinance for the annexation and zoning as Commercial General of the 5.52 acres, more or less, is described informally as parcels generally located south of 474 West 400 South, (approximately 1120 21st Street, Heyburn, Idaho) in Minidoka County. Second by Cleo Gallegos. Roll Call Vote: Cleo Gallegos - Aye; Rocky Baker - Abstained; Leann Smith - Aye; Dee Ray Bailey - Aye.
Public Hearing Regarding a Variance Appeal.
Public Hearing for the purpose of considering the following zoning matter: An appeal to the Heyburn City Planning and Zoning Commission’s denial for a variance request submitted by Susan Biermann, the property located at 2109 Tannie Avenue, Heyburn, ID. The original variance application was for a reduction in the front street setback requirement to allow the expansion of the existing residence by expanding the double car garage to five feet from the front street property line.
This appeal was withdrawn.
Discuss/Approve Agreement for Art Ownership and Display with the Heyburn Alumni Association.
After discussion it was decided that Attorney Steve Tuft would contact Dorothy Uscola about this issue and it will be on the next agenda.
Discuss/Approve Burning at the Sewer Plant and in the City of Heyburn - Patty Winks.
Patty Winks voiced her concerns with the Mayor and Council about burning inside Heyburn city limits. Perhaps you could just put it on the agenda in the near future, giving yourself some time to think about it.
After discussion the Mayor thanked Patty for addressing the Council with her concerns.
Discuss/Approve Temporary Usage of Heyburn Property at 1430 17th Street - Dawn Lage.
Dawn Lage gave the Mayor and Council a handout of some changes that they would like to do to the inside of the City building at 1430 17th Street. Explaining that it is the intent for LDH Investments, LLC. DBA Party Hardy to operate and maintain a Family Edutainment Center for our community and all others who enter therein while also maintaining the integrity and historical value of the building and property.
There was discussion on the old upright piano that was left on the stage. Councilperson Cleo Gallegos will check with the School District about this.
Fire Chief Mike Brown said that he could foresee no problem with the Fire Code along with the occupancy permit.
Motion by Dee Ray Bailey to approve temporary changes of city property at 1430 17th Street, with compliance to the Fire Codes. Second by Cleo Gallegos. Vote: Cleo Gallegos - Aye; Rocky Baker - Aye; Leann Smith - Aye; Dee Ray Bailey - Aye.
Discuss/Approve Revised Ordinance No. 517 Approve with One Reading.
Attorney Steve Tuft explained that changes needed to be made in the wording of the Ordinance.
Motion by Rocky Baker to read the Revised Ordinance No. 517 with one reading, suspending the rule of three readings, and read by title only. Second by Leann Smith.
Vote: Cleo Gallegos - Aye; Rocky Baker - Aye; Leann Smith - Aye; Dee Ray Bailey - Aye.
Attorney Steve Tuft read Revised Ordinance No. 517 by title only.
Motion by Leann Smith to approve Revised Ordinance No. 517 providing for passage with one reading, suspending the rule of three readings. Second by Rocky Baker. Roll Call Vote: Cleo Gallegos - Aye; Rocky Baker - Aye; Leann Smith - Aye; Dee Ray Bailey - Aye.
Motion by Dee Ray Bailey to approve publication of the Summary of Ordinance No. 517. Second by Cleo Gallegos. Vote: Cleo Gallegos - Aye; Rocky Baker - Aye; Leann Smith - Aye; Dee Ray Bailey - Aye.
Mayor Time:
*Discuss/Approve Northwest Intergovernmental Energy Supply Payment for Initial Membership Fees, Assessments and NEMS LCA Cost Recovery.
Attorney Steve Tuft will contact John Saven in regards to this matter and Ralph Williams. This item will be back on the agenda.
Motion by Dee Ray Bailey to approve canceling the December 23, 2009 Council Meeting. Second by Leann Smith. Vote: Cleo Gallegos - Aye; Rocky Baker - Aye; Leann Smith - Aye; Dee Ray Bailey - Aye.
Meeting adjourned at 8:12 p.m.
/s/George A. Anderson, Mayor
/s/Linda L. Dayley, City Clerk/Treasurer