April 22, 2009 Council Meeting and Public Hearing Minutes
City of Heyburn Council Meeting and Zoning and Subdivision Ordinances 2009 Proposed Amendments Public Hearing Minutes
April 22, 2009
7:00 P.M.
Council Present:
Cleo Gallegos, Rocky Baker and Leann Smith. Dee Ray Bailey excused.
Employees Present:
Linda Dayley, Scott Spevak and Steve Tuft.
Visitors Present: Stan Zielinski, Hellen McGill, Francis McGill, Bill Morrison, Norma Morrison, William Weekes and Joanne Justesen.
Meeting conducted by Mayor Anderson.
Pledge of Allegiance led by Mayor Anderson.
Approve Minutes of the Council Meeting on April 8, 2009 and the Special Council Meetings on April 6 and April 20, 2009.
Motion by Rocky Baker to approve the minutes for the Council Meeting on April 8, 2009 and the Special Council Meetings on April 6 and April 20, 2009 as written. Second by Cleo Gallegos. Vote: Cleo Gallegos - Aye; Rocky Baker - Aye; Leann Smith - Aye.
Approve Paying the Bills.
Motion by Leann Smith to approve paying the bills. Second by Rocky Baker. Vote: Cleo Gallegos - Aye; Rocky Baker - Aye; Leann Smith - Aye.
Public Hearing for Zoning and Subdivision Ordinances for the 2009 Proposed Amendments.
Recommendation:
Norma Morrison representing the Planning and Zoning Commission: I’m here to recommend to the Mayor and Council to adopt the proposed amendments to the Zoning and Subdivision Ordinances for the 2009.
Paul Aston addressed the proposed amendments for the 2009 Zoning and Subdivision Ordinance, going through the changes one by one for the Cities and County
After discussion Mayor Anderson opened the Public Hearing for Zoning and Subdivision Ordinances for the 2009 Proposed Amendments.
Mayor Anderson asked if there was anyone present in favor of the amendments? Hearing none is there anyone against? Hearing none there will be no rebuttal.
Mayor Anderson closed the Public Hearing.
Questions:
Attorney Steve Tuft having not picked up Paul Aston’s changes for the Ordinance, which there are not that many from the draft that is in front of you, if you are inclined to go ahead and adopt this, since the other cities in the county are not going to adopt it until May. What I would like to do is make those changes and get them on a clean copy in front of you. You can have your deliberation and decide what you want to do. Just don’t pass the Ordinance tonight.
Paul Aston: Mayor you can approve the amendments and pass the Ordinance the next meeting.
Councilperson Leann Smith: Paul explained everything pretty clearly and by each item. The only concern I have is on the mobile home issue, which we can’t really do anything about anyway.
Councilperson Cleo Gallegos: That was my only concern, too. I like the idea that we are in compliance with the rest of the cities and county.
Mayor Anderson: So you want Steve to make the changes and bring the Ordinance to the next meeting. Council was in agreement.
Attorney Steve Tuft: Okay, I will do that.
Discuss/Approve Ordinance No. 517 for Zoning and Subdivision Ordinances for the 2009 Proposed Amendments.
This item will be back on the next agenda.
Discuss/Approve Resolution No. 2009-3 Red Flag Agreement.
RESOLUTION OF THE CITY OF HEYBURN ADOPTING AN IDENTITY THEFT PREVENTION PROGRAM.
Attorney Steve Tuft explained that this particular Identity Theft Prevention Program was initiated by Association of Idaho Cities and best fits the City of Heyburn’s needs.
In order to help combat identity theft, Congress enacted section 114 of the Fair and Accurate Transaction Act of 2003 (FACTA). In accordance with the rules adopted by the Federal Trade Commission to implement FACTA, the City, as a utility provider that allows its customers to pay for utility services after the services have been received, is required to adopt an Identity Theft Prevention Program to protect its utility customers.
The following policies and procedures are for the purpose of detecting, preventing and mitigating identity theft. The policies and procedures take into account the size and complexity of the City’s utility operations and accounting systems, and the nature and scope of the City’s utility activities.
Motion by Rocky Baker to approve Resolution No. 2009-3. Second by Leann Smith. Vote: Cleo Gallegos - Aye; Rocky Baker - Aye; Leann Smith - Aye.
Discuss/Approve Ordinance No. 518 Vacating Portions of 4th Street Between Villa and Lincoln Boulevard.
AN ORDINANCE OF THE CITY OF HEYBURN, IDAHO, VACATING PORTIONS OF “4TH” STREET BETWEEN VILLA AND LINCOLN BOULEVARD; PROVIDING FOR SUSPENSION OF RULE FOR THREE SEPARATE READINGS AND DECLARING THIS ORDINANCE ADOPTED AFTER ONLY ONE READING; AND, PROVIDING FOR EFFECTIVE DATE.
Motion by Leann Smith to approve reading Ordinance No. 518 with one reading and by title only. Second by Cleo Gallegos. Vote: Cleo Gallegos - Aye; Rocky Baker - Aye; Leann Smith - Aye.
Attorney Steve Tuft read Ordinance No. 518 by title only.
Motion by Rocky Baker to adopt reading Ordinance No. 518 vacating portions of 4th Street between Villa Drive and Lincoln Boulevard in one reading and by title only, with suspension of the rule for three readings. Second by Cleo Gallegos. Roll Call Vote: Cleo Gallegos - Aye; Rocky Baker - Aye; Leann Smith - Aye.
Discuss/Approve Hellen McGill Property.
Hellen McGill asked for a variance because part of her house sits in the easement.
After discussion it was the decision of the Council to have Scott set up a meeting with Mayor Anderson, Paul Aston, Civil Science, Attorney Steve Tuft and himself. This item will be back on a future agenda.
Discuss/Approve the Baseball Concession Stand.
After discussion Rocky Baker made a motion to tear down the concession stand. Second by Leann Smith. Vote: Cleo Gallegos - Aye; Rocky Baker - Aye; Leann Smith - Aye.
Discuss/Approve Membership in the Northwest Intergovernmental Energy Supply and or Bonneville Power for Tier II Power in the future.
Tier II power refers to the amount not covered by the base supplied from BPA. Because BPA is part of the U.S. Department of Energy, the federal government could raise prices to market level. The federal government can also mandate green power sources, which are significantly more expensive. Membership in the Northwest Requirements Utilities (NRU), a nonprofit association representing utilities in seven states, allows a municipality to purchase additional power from a supplier that doesn’t operate under federal mandates.
After discussion Attorney Steve Tuft explained that basically what John Saven needed from the Council was a commitment with a in good faith gesture to buy 50% of Tier II Power from NRU.
Council was in agreement to have Attorney Steve Tuft let them know that the City of Heyburn is definitely interested in buying 50% of Tier II Power from NRU.
Meeting adjourned at 9:10 p.m.
/s/George A. Anderson, Mayor
/s/Linda L. Dayley, City Clerk/Treasurer