September 27, 2017 Council Meeting & Public Hearing Minutes

City of Heyburn

Council Meeting Minutes & Public Hearing

September 27, 2017

7:00 P.M.

Mayor: Mayor Cleo Gallegos.

Council Present: Chad Anderson, Dick Galbraith, and Joanne Justesen.

Employees Present:

Tony Morley, Paul Ross, Ralph Martini, Eric Christensen, Dan Bristol, Anson Parke, and Ashlee Langley.

Visitors Present:

Ivan McCracken, Stewart Ward, Karen Pratt, Heather Petersen, Rose Schmitt, Amber Christensen, Chris Nelson, Scott Briscoe, Chad Vantassell, and Gina Vantassell.

Welcome & Pledge

Meeting conducted by Mayor Cleo Gallegos who welcomed everyone to the meeting.

Mayor Gallegos asked Heyburn Wastewater Manager Ralph Martini to lead those present in the Pledge of Allegiance.

Mayor Gallegos turned some time over to City Administrator Tony Morley to explain the proposal to amend the agenda adding line item #13.

City Administrator Tony Morley asked the city council to consider amending the agenda to add item #13 for the discussion and possible approval of a Sublease with Burley Park, LLC for the use of one of their Buildings located in the Burley Industrial Park. The good faith reason for the amendment is that the contract was just received and this item needs action before the next regularly scheduled council meeting as the contract has an effective date of October 1, 2017.

Motion by Joanne Justesen to approve the amended agenda adding line item #13 Discuss/Approve Sublease with Burley Park, LLC for Use of Building with the good faith reason previously stated by City Administrator Tony Morley. Second by Chad Anderson. Roll-Call Vote: Chad Anderson – Aye; Dick Galbraith – Aye; Joanne Justesen – Aye.

Discuss/Approve Minutes of the September 13, 2017 Council Meeting

Motion by Dick Galbraith to approve the minutes of the September 13, 2017 Council Meeting as presented. Second by Joanne Justesen. Roll-Call Vote: Chad Anderson – Aye; Dick Galbraith – Aye; Joanne Justesen – Aye.

Discuss/Approve Paying the Bills

Motion by Dick Galbraith to approve the bills as presented. Second by Joanne Justesen. Roll-Call Vote: Chad Anderson – Aye; Dick Galbraith – Aye; Joanne Justesen – Aye.

Public Hearing on the Application for Subdivision Plat of Elk Meadows Phase 2 Development - Submitted by Terra Firma, LLC

Cleo Gallegos opened the Public Hearing for the Application for Subdivision Plat of Elk Meadows Phase 2 Development submitted by Terra Firma, LLC. Mayor Gallegos then turned some time over to City Administrator Tony Morley to provide those present with an overview of what is being proposed.

City Administrator Tony Morley stated that this is the Preliminary Plat Hearing for Phase 2 of the Elk Meadows Subdivision. Mr. Morley informed those present that Elk Meadows has already been through Planning & Zoning a few times and that this is more of a concept phase of the process where the City looks at and approves how it’s going to look. The Final Plat Phase is where the developer’s agreement and final details come together.

Stewart Ward with Dioptra, LLC spoke in representation of Terra Firma, LLC. Mr. Ward provided those present with details pertaining to the proposed Preliminary Plat. Mr. Ward stated that Terra Firma, LLC is proposing 12 two story buildings, 48 rental units in total, each unit being 3 bedrooms and 1100 sq. ft. of living space. They are also proposing a park area, 112 parking stalls, one 20 x 20 pavilion for barbequing, one 20 x 20 picnic area without a cover, four 10 x 10 concrete pads with picnic tables. Mr. Ward stated there will be one picnic or gather area for every two buildings, one bike rack for every two buildings, a variety of shade trees will be provided through out, one 10 x 12 maintenance shed, and underground infiltrators will be installed for storm water retention.

Mr. Ward stated the Developer believes this is a great asset to the community as it provides affordable housing in an area where it is needed.

The city council addressed the following concerns:

1. Conducting a Traffic Study for emergency vehicles

2. Fencing for privacy

3. Bus Stop being relocated for the safety of children

4. Garbage containers either being relocated throughout the development or more

containers added.

5. Irrigation water access

Those speaking in favor of the Application for Subdivision Plat of Elk Meadows Phase 2 Development were:

- Scott Briscoe, owner and developer of Terra Firma, LLC spoke in favor of the application and addressed the councils concerns regarding lighting, fencing, and sanitation services.

Those speaking against the Application for Subdivision Plat of Elk Meadows Phase 2 Development were:

- Karen Pratt expressed concerns regarding fencing, sanitation, traffic, bus stop location, and access to use the irrigation water.

- Amber Christensen addressed her concerns regarding sanitation services, bus stop location, and traffic.

- Chad Vantassell expressed concerns regarding emergency vehicle access and the amount of traffic down H Street.

Those speaking neither against nor in favor of the Application for Subdivision Plat of Elk Meadows Phase 2 Development were: None.

Hearing no further comments, Mayor Cleo Gallegos closed the public hearing.

Discuss/Approve Application for Subdivision Plat of Elk Meadows Phase 2 Development

- Submitted by Terra Firma, LLC

Motion by Dick Galbraith to approve the application for Subdivision Plat of Elk Meadows Phase 2 Development submitted by Terra Firma, LLC with the condition that it goes back to Planning & Zoning to do more work on a traffic study for emergency vehicles, bus stop, garbage container location, and irrigation water access. Second by Joanne Justesen. Roll-Call Vote: Chad Anderson – Aye; Dick Galbraith – Aye; Joanne Justesen – Aye.

Public Hearing on the Application for a Re-Plat of Smith Addition - Submitted by Brent Smith & Jamie Smith

Seeing no one in the audience to represent the Re-Plat of Smith Addition the council tabled the hearing.

Discuss/Approve the Application for a Re-Plat of Smith Addition - Submitted by

Brent Smith & Jamie Smith

This item was tabled.

Discuss/Approve/Update and Bid Process Approval for the School Walking Path Grant

-Ivan McCracken, J-U-B Engineers, Inc.

Ivan McCracken, Project Manager for J-U-B Engineers, Inc. provided those present on an update on the School Walking Path Grant as well the upcoming bid process.

Those present thanked Ivan McCracken for the update.

Discuss/Approve Minidoka County Irrigation District Request for Change of Point of Diversion

Water Department Manager Eric Christensen presented the Minidoka County Irrigation District Request for Change of Point of Diversion to those present. Mr. Christensen explained that this agreement is to change the point of diversion to district one for the D16 Drain.

Motion by Joanne Justesen to approve the Minidoka County Irrigation District Request for Change of Point of Diversion for the D16 Drainas presented. Second by Chad Anderson. Roll-Call Vote: Chad Anderson – Aye; Dick Galbraith – Aye; Joanne Justesen – Aye.

Discuss/Approve Pipe & Retaining Wall for D16 Drain Replacement

Water Department Manager Eric Christensen provided those present with details regarding options for pipe replacement for the D16 Drain Project.

City Administrator Tony Morley provided those present with details regarding a retaining wall for the D16 Drain Project.

Motion by Joanne Justesen to approve the purchase of Plastic Pipe in the amount of $14, 740 as well as a Retaining Wall for the D16 Drain Replacement. Second by Dick Galbraith. Roll-Call Vote: Chad Anderson – Aye; Dick Galbraith – Aye; Joanne Justesen – Aye.

Discuss/Approve Purchase of Idaho Transportation Department Surplus Truck

City Administrator Tony Morley stated that he has secured the purchase of a 1996 Mack Dump Truck with Sander from the Idaho Transportation Department surplus sale. Mr. Morley stated that this truck will be used in the Street Department and the new snowplow blades that were purchased will fit it.

Motion by Dick Galbraith to approve the purchase of a 1996 Mack Dump Truck with Sander from the Idaho Transportation Department in the amount of $9,700. Second by Joanne Justesen. Roll-Call Vote: Chad Anderson – Aye; Dick Galbraith – Aye; Joanne Justesen – Aye.

Discuss/Approve Audit Engagement Letter

City Clerk Ashlee Langley presented the Audit Engagement Letter from Evans Poulsen & Catmull for the yearly audit commitment.

Motion by Joanne Justesen to approve the Audit Engagement Letter from Evans Poulsen & Catmull as presented. Second by Dick Galbraith. Roll-Call Vote: Chad Anderson – Aye; Dick Galbraith – Aye; Joanne Justesen – Aye.

Discuss/Approve Sublease with Burley Park, LLC for Use of Building

City Administrator Tony Morley stated that he has been in contact with Boyer Company to rent a space at the Burley Industrial Park for a building to store the Street Department’s equipment throughout the winter. Rent for this building would be $1000 per month for the term of the sublease agreement.

Motion by Dick Galbraith to approve the Sublease Agreement with Burley Park, LLC for the use of their Building in the Burley Industrial Park as presented for a monthly rental amount of $1000. Second by Chad Anderson. Roll-Call Vote: Chad Anderson – Aye; Dick Galbraith – Aye; Joanne Justesen – Aye.

Review of Monthly Department Head Reports

The September 2017 Monthly Department Head Reports were reviewed by those present.

Mayors Time & Committee Reports

Mayor Gallegos thanked the city council for their services to the City and its residents.