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HomeMy WebLinkAbout2002-01-22city council minutesBook 43 REGULAR MEETING JANURAY 22, 2002 7:00 P.M. The Meeting was called to order by Mayor Nancolas. The Invocation was offered by Don Brown, Caldwell Friend's Church Pastor. The Mayor requested that everyone remain standing for the Pledge of Allegiance to the Flag. The Roll of the City Council was called with the following members present: Ozuna, Tallmon, Wells, Gable, CaIlsen, and Hopper. Absent: none. SPECIAL PRESENTATION — AUDIT REPORT BY THE FINANCE DIRECTOR, ELJAY WAITE. Mayor Nancolas recognized Elaine Carpenter, 1102 Grant Street of Caldwell representing the Audit Committee at this time. Mrs. Carpenter stated that their Committee met on January 7, 2002 with representatives from Balukoff, Lindstrom and Co. and the City's Finance Department and financial statements were reviewed. They were pleased to see that the City's financial position reflects adequate cash and fund balances. Discussion also included appreciation for the progressive direction the City has taken in park development and improvement and commercial growth and the pending Y.M.C.A. for Caldwell area citizens. Good stewardship, good managements practices were obviously at work in Caldwell. Thanks to you and all of the City Staff for doing such a good job of taking care of the business of the City of Caldwell. The picture has not always been as rosy. It was a pleasure to see such a nice financial picture for the City of Caldwell. It is my pleasure on behalf of Audit Committee to present the Mayor and City Council with copies of the audited financial statements and management report for the year ended December 31, 2001. Lee Miller, 11883 Blueberry Court in Boise, a partner from Balukoff, Lindstrom was then recognized by the Mayor. He briefly talked about the Auditor's opinion stating that they have issued the City of Caldwell a clean opinion based on the work they have performed. They did not find anything that needed to be reported and everything in the statements were materially correct in presenting the financial condition of the City as of the and of the fiscal year. He did explain that during the year the City implemented a new accounting standard called GASB 33 which changed some revenue recognition. We were required in our Auditor's Opinion to report that the City has implemented this standard. Mr. Miller reviewed several other sections of the report and particularly those items required. Several members of the Council presented questions particularly with regard to the Library Fund. The Mayor stated that the Library Board has their own taxing levy and there were funds passed through the City for Library use. The Library also has their own Board of D and make decisions on their attorney's interpretation of their abilities and authorities as a Library Board. It was a difficult situation to deal with and E1Jay has been working with them over the last several years. ElJay Waite, the Finance Director for the City of Caldwell reviewed the prior year management points for the benefit of the Mayor and City Council. Mr. Waite informed Council that the City was in good financial condition with adequate cash and fund balances. I-Ie proceeded to review the information presented to the Mayor and Council in his presentation. Councilman Gable thanked Mr. Waite and his Staff for bringing this information forward and for their work. Ron Kinney and Dave Fisher from Browning Ferris Industries, 518 North Sugar Avenue in Nampa were then recognized. They reported on the new equipment purchased by their company and changes the citizens could be seeing in the future; the possibility of recycling in Caldwell and would come back to Council sometime in the future regarding the recycling specifies such as rates structures; to review the way the garbage was picked up as requested by OSHA; they wanted to make a proposal to the City some time soon pertaining to a better way of picking up garbage with new trucks and containers. He also suggested that the new containers be made available for the Council Members to use at their home to determine if they were usable and convenient. ADDITIONS OR DELETIONS TO THE AGENDA. The Mayor asked if there were any additions or deletions to the Agenda. It was MOVED by Ozuna, SECONDED by Hopper to add a Number 12 to the Consent Calendar, an annexation agreement with Brent Merrick; delete Number 2 under New Business, Public Hearing on Case No. SUB- 21F -98 {Commuter Estates) a request by Jeanie Mayer for final plat approval of Commuter Estates; add Number 8A under New Business for approval of Albertson College easements; and add Number 9A under New Business, a request for an Executive Session as stated under Idaho State Code 67 -2345 to discuss pending litigation. Page 12 Roll call vote. Those voting yes: Ozuna, Tallmon, Wells, Gable, Callsen, and Hopper, Those voting no: none. Absent and not voting: none. MOTION CARRIED Book 43 Page 13 MOVED by Ozuna, SECONDED by Gable to approve the Agenda as amended. Roll call vote. Those voting yes: Ozuna, Tallmon, Wells, Gable, Callsen, and Hopper. Those voting no: none. Absent and not voting: none. MOTION CARRIED AUDIENCE PARTICIPATION. The Mayor asked if there was anyone in the audience who cared to address the Council on any _ matter that was not on the prepared Agenda. Since there was no one, the Mayor stated that the Meeting would continue as scheduled. CONSENT CALENDAR: The Mayor presented the following items on the Consent Calendar for consideration by the Members of the City Council: 1. Dispense with the reading of the minutes of the Regular Council Meeting held on January 7, 2002 and approve as written; 2. Approve acceptance of minutes from various boards and commissions; 3. Approve the appointment of the following to the Senior Citizen's l3oard for terms expiring on December 31, 2004: Shirley Wilson, Dallas Dillon, and Rino Gaona; 4. Approve Resolution authorizing the cancellation of an Airport Agreement with Porter Corporation; 5. Approve Resolution authorizing execution of an Airport Land Lease for hangar construction with Curtis and Jacqueline Kusch; 6. Approve Resolution authorizing execution of an Amendment No. 5, Addendum 1 to Agreement for Engineering Services with Montgomery Watson Harza; 7. Approve the following reappointments to the Planning and Zoning Commission: Jim Blacker, Janie Archuleta, and Jack Teraberry to serve until December 31, 2004; 8. Approved the proposed policy for safety boots for the City of Caldwell; 9. Approve Orders of Decision on Case No. ANN -60 -01 (Vallivue School District); Case No. ANN -61 -01 (Dillon Caldwell, LLC); and Case No. ZON -16 -01 (Hubler); 10. Approve Resolution authorizing execution of a Consultant Services Contract for Water System Master Plan with C142M Hill; 11. Approve Resolution authorizing execution of Consultant Contract for miscellaneous services relating to water system with CH2M Hill; 12, Approve Resolution authorizing execution of an Annexation Agreement between the City of Caldwell and Brent M. Merrick. MOVED by Gable, SECONDED by Hopper to approve the Consent Calendar as amended. Roll call vote. Those voting yes: Gable, Callsen, Hopper, Ozuna, Tallmon, and Wells. Those voting no: none. Absent and not voting: none. MOTION CARRIED OLD BUSINESS (CONSIDER APPROVAL TO AWARD BID FOR A PICKUP FOR THE WATER DEPARTMENT) The Mayor explained that this item was removed from the Agenda at the last meeting. Councilman Wells had asked for this and has done some investigation about it since that time. He asked if he would update the Council at this time. Councilman Wells informed Council that he talked with Gary Shoemaker, the Water Superintendent with regard to this item. The vehicle that was being replaced was causing expense to keep it running. This was an item that he was in support of. MOVED by Wells, SECONDED by Gable to approve the award bid for a pickup for the Water Department. Roll call vote. Those voting yes: Wells, Gable, Callsen, Hopper, Ozuna, and Tallmon. Those voting no: none. Absent and not voting: none. MOTION CARRIED (PUBLIC HEARING FOR THE PURPOSE OF DISCUSSING LAW ENFORCEMENT FEDERAL BLOCK GRANT FOR EQUIPMENT PURCHASES FOR THE CALDWELL POLICE DEPARTMENT) The Mayor stated that this was the time set for a Public Hearing regarding a Local Law Enforcement Block Grant. He opened the Public Hearing and introduced Police Chief, Robert Sobba, who was making the presentation at this time. Chief Sobba stated that for the last six years, the Federal Government has distributed block grants through the Crime Bill to local Law Enforcement Agencies. This was based on a formula they have for population and crime rate. Once we are notified how much money we will get, we have Book 43 Page 14 to decide what we want to spend it on and then take it to a citizen's committee and get their approval which has been done. Finally, it has to be scheduled as a Public Hearing before the City Council for approval before the money was spent. He reviewed the Needs and Justifications for this Block Grant including 25 Digital Recorders in the amount of $5,625.00; 22 body armor vests in the amount of $10,602.90; 5 Opticom Emitters in the amount of $5,175.00; 8 handheld radios and batteries in the amount of $7,200.00 and 2 video cameras for Patrol Units in the amount of $8,000. As there was no one signed to testify to this matter, the Mayor requested a motion from Council to approve the Grant and the expenditures as outlined by the Chief of Police. MOVED by Wells, SECONDED by Callsen to approve the Block Grant and the expenditures associated with it. Roll call vote. Those voting yes: Wells, Gable, Callsen, Hopper, Ozuna, and Wells. Those voting no: none. Absent and not voting: none. MOTION CARRIED MOVED by Ozuna, SECONDED by Hopper to close the Public Hearing. Roll call vote. Those voting yes: Ozuna, Tallmon, Wells, Gable, Callsen, and Hopper. Those voting no: none. Absent and not voting: none. MOTION CARRIED (PUBLIC HEARING ON CASE NO. SUB- 21F -98, A REQUEST BY JEANIE MAYER FOR FINAL PLAT APPROVAL OF COMMUTER ESTATES) The Mayor noted that this item was removed from the Agenda and will not be considered this evening. (PUBLIC HEARING ON CASE NO. SUB- 48(8)F -00, A REQUEST BY CAPITAL DEVELOPMENT, INC. FOR FINAL PLAT APPROVAL OF MANCHESTER PARK, UNIT NO. 8 (QUASI - JUDICIAL) The next item was a Public Hearing on Case No. SUB- 48(8)F -00, a request by Capital Development, Inc. for final plat approval of Manchester Park, Unit No. 8. This was a quasi - judicial matter and those testifying would be sworn in by the Clerk. Fie then opened the Public Hearing. Ms. Holmes asked for a brief break while she set up her presentation. Ms. Holmes representing the Community Development Department was sworn in by the Clerk and reviewed the following: That the Community Development Department issued a notice of public hearing on application SUB- 48(8)F -00, Manchester Park, Unit 8, to be held before the Mayor and Council on January 22, 2002. Public notice requirements set forth in State Code were met and notice was published in the Idaho Press Tribune as well as mailed to all property owners within 300 feet of the project, all political subdivisions providing services to the City of Caldwell and notice was also posted on the site. Manchester Park Subdivision, a planned unit development, phases 6 through 12 received preliminary plat approval from Council on June 19, 2000. The Fire Marshal presented a memo which was in the Council's packet under 2.7.3. The proposed site was within the jurisdiction of Pioneer Irrigation District, in a memo dated January 11, 2002, the District noted that they intend to take over the operation and maintenance of the system once the system is installed per all the standard specifications of the District and the Operation and Maintenance Agreement has been drawn up and signed by all parties. It was anticipated that the applicant will submit his bonding before the hearing tonight. The Mayor noted that only one person was signed to testify in this matter. He then recognized David Yorgason, 6200 North Meeker Place in Boise. Mr. Yorgason was sworn in by the Clerk and stated that they were ahead of schedule as far as the phasing goes, but also recognized a slow down in the economy and did not perceive being ahead with phases 9 through 12. He indicated that he really did not have any additional comments, but would ask for Council's approval of the request. MOVED by Gable, SECONDED by Hopper to close the public testimony portion of the Hearing. Roll call vote. Those voting yes: Gable, Callsen, Hopper, Ozuna, Tallmon, and Wells. Those voting no: none. Absent and not voting: none. MOTION CARRIED EVIDENCE LIST: The Mayor presented the Evidence List as follows: Staff Report, Sign up Sheets, High Tech presentation, and CC -1000, bonding letter. MOVED by Gable, SECONDED by Ozuna to accept the Evidence List as presented by the Mayor. Book 43 Page 15 Roll call vote. Those voting yes: Gable, CalIsen, Hopper, Ozuna, Tallmon, and Wells. Those voting no: none. Absent and not voting: none. MOTION CARRIED FINDINGS OF FACT: MOVED by Gable, SECONDED by Callsen to accept the general facts as outlined in our Staff Report as well as the testimony presented this evening and the video as presented. Roll call vote. Those voting yes: Gable, Callsen, Hopper, Ozuna, Tallmon, and Wells. Those voting no: none. Absent and not voting: none. MOTION CARRIED CONCLUSIONS OF LAW: MOVED by Ozuna, SECONDED by Callsen that the Caldwell City Council has the authority to hear requests for final plat approval and to make the decision to approve or deny; the hearing was legally noticed and conducted within the guidelines of applicable codes and ordinances. Roll call vote. Those voting yes: Ozuna, Tallmon, Wells, Gable, Tallmon, and Hopper. Those voting no: none. Absent and not voting: none. MOTION CARRIED ORDER OF DECISION: MOVED Ozuna, SECONDED by Callsen that based upon the Findings of Fact and Conclusions of Law, the Caldwell City Council orders that Case No. SUB- 48(8)F -00, a request by Capital Development (Ramon Yorgason) for the final plat approved of Manchester Park Subdivision Unit No. 8 was approved. Roll call vote. Those voting yes: Ozuna, Tallmon, Wells, Gable, Callsen, and Hopper. Those voting no: none. Absent and not voting: none. MOTION CARRIED MOVED by Callsen, SECONDED by Gable to close the Public Hearing. Roll call vote. Those voting yes: Callsen, Hopper, Ozuna, Tallmon, Wells, and Gable. Those voting no: none. Absent and not voting: none. MOTION CARRIED (PUBLIC HEARING ON AN APPEAL OF CASE NO. SUP- 140A -01, AN APPROVED SPECIAL USE PERMIT FOR CANYON COUNTY AMBULANCE DISTRICT TO CONSTRUCT A PARAMEDIC SUBSTATION AND PARKING LOT) The Mayor informed Council that the Attorneys for the Canyon County Ambulance District have requested that this Public Hearing be continued to February 4, 2002 during the Regular City Council Meeting held at the Caldwell Public Station. Therefore, he would open the Public Hearing and ask for a motion from Council to continue this Hearing until February 4, 2002 at 7:00 p.m. here in the Police Station. MOVED by Gable, SECONDED by Callsen that this hearing be continued to a time and date certain of February 4, 2002 at 7:00 p.m. at the Caldwell Police Department to hear this request for appeal on an approved Special Use Permit for Canyon County Ambulance District to construct a Paramedic Substation and Parking Lot. Roll call vote. Those voting yes: Gable, Callsen, Hopper, Ozuna, Tallmon, and Wells. Those voting no: none. Absent and not voting: none. MOTION CARRIED (PUBLIC HEARING ON CASE NO. ZON- 18 -01, A REQUEST BY IDAHO DEVELOPMENT AND HOUSING TO REZONE A PORTION OF LOTS 53 OF THE GOLDEN GATE ADDITION FROM AN R -2 TO A R -3 ZONE) The Mayor explained that this Public Hearing was on a request by Idaho Development and Housing to rezone a portion of Lots 53 of the Golden Gate Addition from an R -2 to a R -3 Zone. He then opened the Public Hearing and recognized Ms. Holmes who was previously sworn in by the Clerk to present the background information on this matter. Councilman Wells explained that be had done some work on this property, but did not feel it would affect his decision on this. If anyone else feels differently, he could elaborate on his connection and sustain from voting. The Mayor stated that he did not believe anyone had a concern and he also informed the City Attorney that both be and Councilman Gable were members of the Urban Renewal Agency for participation from the groups and he has made site visits to this property. The Agency has committed funding for this project. Mr. Hilty, the City Attorney, stated that he did not see a problem. Conflicts of interest in the Local Land Use Planning Act, which would govern this, deal with whether or not a decision maker has a personal financial interest in the outcome and was a fairly narrow exception and he Book 43 Page 16 certainly did not think those facts in Councilman Wells situation qualify under the standards of the Local Land Use Planning Act. The Mayor again stated that for the record, he had conversations with the developer as a member of the Board and so has Councilman Gable, Ms. Holmes presented the background information stating that she recognized that she was still under oath. Her comments included that the public notice requirements were met; the request was to rezone certain property from R -2 to R -3 to allow construction of a 19 unit apartment building; the site plan shows the proposed building layout; the complex was approximately 18,904 square feet. The applicant noted in the narrative that the request was based upon a growing need to provide rental assistance for both lower income individuals and families and will accommodate those with varying levels of physical disabilities. The site presently has a vacant residence, some outbuildings and a pasture. Ms. Holmes also pointed out the property on a map for the Mayor and Council. Mayor Nancolas noted that no one was signed to speak to this matter and asked if there was anyone who cared to speak at this time. Fred Free representing Idaho Housing and Development organization, 1208 West Owyhee in Nampa was sworn in by the Clerk. Mr. Free answered a question presented by Councilman Wets with regard to parking stating that they have met the minimum requirement for vehicles. He believed there was room for one or two more parking spaces with some adjustments to the site plan. One other consideration was that they have several handicapped accessible parking spaces which take up a little extra space. He believed that this was enough parking spaces. He did not believe there would be multiple car households as they will be low income households. After a short discussion with regard to transportation to this development, the Mayor asked for a motion to close the public testimony portion of the Hearing. MOVED by Callsen, SECONDED by Ozuna to close the public testimony portion of the Hearing. Roll call vote. Those voting yes: Callsen, Hopper, Ozuna, Taillmon, Wells, and Gable. Those voting no: none. Absent and not voting: none. MOTION CARRIED The Mayor presented the Evidence List as follows: Staff Report; Sign up sheets; CC -1000, Site map; CC -1001, packet entitled ZON- 18 -01; video presentation; and CC -1002, City Zoning Map. MOVED by Callsen, SECONDED by Ozuna to accept the Evidence List as presented by the Mayor. Roll call vote. Those voting yes: Callsen, Hopper, Ozuna, Tallmon, Wells, and Gable. Those voting no: none. Absent and not voting: none. MOTION CARRIED COMPREHENSIVE PLAN ANALYSIS: MOVED by Callsen, SECONDED by Ozuna to accept the Comprehensive Plan Analysis provided in the Staff Report. Roll call vote. Those voting yes: Callsen, Hopper, Ozuna, Tallmon, Wells, and Gable. Those voting no: none. Absent and not voting: none. MOTION CARRIED FINDINGS OF FACT: MOVED by Callsen to accept the Finding of Facts provided in the Staff Report as well as any facts brought forward during public testimony. Councilman Hopper also added that there was no testimony presented against the project. SECONDED by Gable. Roll call vote. Those voting yes: Callsen, Hopper, Ozuna, Tallmon, Wells, and Gable. Those voting no: none. Absent and not voting: none. MOTION CARRIED CONCLUSIONS OF LAW: MOVED by Callsen, SECONDED by Ozuna that the City Council has the authority to consider the recommendation of the Hearing Examiner and to nfgke the final decision to approve or deny; the public notice requirements were met and the hearing was held within the guidelines of applicable codes and ordinances. Roll call vote. Those voting yes: Callsen, Hopper, Ozuna, Tolhnan, Wells, and Gable. Those voting no: none. Absent and not voting: none. MOT10N CARRIED ORDER OF DECISION: MOVED by Callsen, SECONDED by Gable that based upon the Findings of Fact and Conclusions of Law, the Caldwell City Council hereby orders that Case No. ZON -18 -01 a request by Idaho Book 43 Page 17 Development and Housing Organization to rezone a portion of Lot 53 of the Golden Gate Addition to R -3 be approved. Roll call vote. Those voting yes: Callsen, Hopper, Ozuna, Tallmon, Wells, and Gable. Those voting no: none. Absent and not voting: none. MOTION CARRIED MOVED by Ozuna, SECONDED by Callsen to close the Public Hearing. Roll call vote. Those voting yes: Ozuna, Tallmon, Wells, Gable, Callsen, and Hopper. Those voting no: none. Absent and not voting: none. MOTION CARRIED (CONSIDER BILL NO. Z FOR CASE NO. ZON -I8-01 REZONE REQUESTED BY IDAHO DEVELOPMENT AND HOUSING WITH REQUEST TO WAIVE THE RULES AD PASS ON THE FIRST READING AND APPROVE SUMMARY FOR PUBLICATION) The Mayor read Bill No. 2, which was the companion document to the Public Hearing just held. He read by title only as follows: AN ORDINANCE TO PROVIDE A R -3 (MULTI - FAMILY HIGH DENSITY) ZONE DESIGNATION FOR CERTAIN LANDS; DETERMINING THAT SAID ZONING IS IN THE BEST INTEREST OF THE CITY OF CALDWELL, IDAHO; INSTRUCTING THE CITY ENGINEER AND COMMUNITY DEVELOPMENT DIRECTOR TO DESIGNATE SAID PROPERTY AS R -3 ON THE OFFICIAL ZONING MAP AND OTHER AREA MAPS OF THE CITY REPEALING ALL LAWS, ORDINANCES AND RESOLUTIONS IN CONFLICT HEREWITH. MOVED by Callsen, SECONDED by Hopper to waive the rules requiring that a bill be read at three separate times and read in full for one reading. Roll call vote. Those voting yes: Callsen, Hopper, Ozuna, Tollman, Wells, and Gable. Those voting no: none. Absent and not voting: none. MOTION CARRIED MOVED by Callsen, SECONDED by Gable that Bill No. 2 be passed and entitled Ordinance No. 2406 after the one reading by title only and approve the Summary of Publication. Roll call vote. Those voting yes: Callsen, Hopper, Ozuna, Tallmon, Wells, and Gable. Those voting no: none. Absent and not voting: none. MOTION CARRIED (CONSIDER BILL NO, 3 REGARDING THE ROARK REZONE — CASE NO. ZON -3 -01 — WITH REQUEST TO WAIVE THE RULES AND PASS ON THE FIRST READING AND APPROVE SUMMARY FOR PUBLICATION) Mayor Nancolas explained that this was a Bill from a previously held Public Hearing and was the document brought forward to confirm that action. This item comes forth with the request to waive the rules and pass on the first reading and approve the Summary for Publication. The Mayor read Bill No. 3 by title only as follows: AN ORDINANCE TO PROVIDE A R -3 (MULTI - FAMILY HIGH DENSITY RESIDENTIAL) ZONE DESIGNATION FOR CERTAIN LANDS; DETERMINING THAT SAID ZONING IS IN THE BEST INTEREST OF THE CITY OF CALDWELL, IDAHO; INSTRUCTING THE CITY ENGINEER AND COMMUNITY DEVELOPMENT DIRECTOR TO DESIGNATE SAID PROPERTY AS R -3 ON THE OFFICIAL ZONING MAP AND OTHER AREA MAPS OF THE CITY REPEALING ALL LAWS, ORDINANCES AND RESOLUTIONS IN CONFLICT HEREWITH. MOVED by Ozuna, SECONDED by Hopper to waive the rules requiring that a bill be read at three separate times and read in full for the one reading. Roll call vote. Those voting yes: Ozuna, Tallmon, Wells, Gable, Callsen, and Hopper. Those voting no: none. Absent and not voting: none. MOTION CARRIED MOVED by Hopper, SECONDED by Ozuna that Bill No. 3 be passed and entitled Ordinance No. 2407 after the one reading by title only and approve the Summary for Publication. Roll call vote. Those voting yes: Hopper, Ozuna, Tallmon, Wells, Gable, and Callsen. Those voting no: none. Absent and not voting: none. MOTION CARRIED (CONSIDER BILL NO. 4 TO AMEND THE CITY CODE REGARDING LIQUOR, BEER, AND WINE LICENSING WITH REQUEST TO WAIVE THE RULES AND PASS AFTER THE ONE READING BY TITLE ONLY) Book 43 Page 18 The Mayor stated that the next item on the Agenda was a housekeeping item that has been brought forward by the City Clerk. It was an amendment to the City Code regarding liquor, beer and wine licensing for the City of Caldwell. In the Fall of 2001, the State of Idaho sent out a memo to all of the cities in Idaho explaining that they were changing the State Code pertaining to the time of year licenses for liquor, beer, and wine would be renewed. Canyon County's time was also changed from January 1 st to June I ". Along with other cities we. decided to go with the State and change our time in City Code for the renewal. The attached Bill was to amend the Code making this change. Since there were no other comments with regard to this Bill, the Mayor read Bill No. 4 by title only as follows: AN ORDINANCE AMENDING CHAPTER 6, ARTICLE 7 OF THE MUNICIPAL CODE OF TIE CITY OF CALDWELL PERTAINING TO LIQUOR, BEER, AND WINE REGULATIONS BY DELETING AND ADDING CERTAIN LANGUAGE IN SECTRON 19 REGARDING RENEWAL OF LICENSE AND SECTION 21 REGARDING PERIOD FOR WHICII LICENSE IS ISSUED: REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS AND PARTS THEREOF IN CONFLICT HEREWITH. MOVED by Ozuna, SECONDED by Hopper to waive the rules requiring that a bill be read at three separate times and read in full for one reading. Roll call vote. Those voting yes: Ozuna, Tallmon, Wells, Gable, Callsen, and Hopper. Those voting no: none. Absent and not voting: none. MOTION CARRIED MOVED by Hopper, SECONDED by Callsen that Bill No. 4 be passed and entitled Ordinance No. 2408 after the one reading by title only. Roll call vote. Those voting yes: Hopper, Ozuna, TaUmon, Wells, Gable, and Callsen. Those voting no: none. Absent and not voting: none. MOTION CARRIED (CONSIDER ACCEPTANCE OF EASEMENTS FROM ALBERTSON COLLEGE OF IDAHO) The Mayor explained that this item was a request to accept utility easements from Albertson College of Idaho. Ben Weymouth, Assistant City Engineer, spoke to this request stating that this was added to the Agenda and was to accept the utility easements from Albertson College. The easements were required as a part of the vacation process. With these easements in place, the City will be able to release their building permit after review and they could proceed with construction. Councilman Gable thanked Mr. Weymouth and the Engineering Department in their negotiation all of the problems they have had with this project. Councilman Hopper also expressed his appreciation for the way the problems were handled. MOVED by Hopper, SECONDED by Gable to accept the easements from Albertson College of Idaho as presented. Roll call vote. Those voting yes: Hopper, Ozuna, Tallmon, Wells, Gable, and Callsen. Those voting no: none. Absent and not voting: none. MOTION CARRIED (FINANCIAL REPORT) Councilman Callsen reported that the Finance Committee has reviewed current accounts payable in the amount of $1,005,391.47 for the period ended January 16, 2002 and a net payroll of $321,448.35 for the pay periods ending December 29, 2001 and January 12, 2002. MOVED by Callsen, SECONDED by Hopper that accounts payable in the amount of $1,005,391.47 represented by check numbers 78037 through 78405 and the total payroll for the amount of $321,448.35 represented by check numbers 73515 through 73783 and direct deposit stub numbers 18941 through 19190 be accepted, payrizent approved, and vouchers Tiled in the Office of the City Clerk. Roll call vote. Those voting yes: Callsen, Hopper, Ozuna, Tollman, Wells, and -Gable. Those voting no: none. Absent and not voting: none. MOTION CARRIED (REQUEST FOR AN EXECUTIVE SESSION) MOVED by Ozuna, SECONDED by Hopper that pursuant to Idaho State Code 67 -2345, the City Council adjourn into an Executive Session for the purpose of discussing pending litigation. Book 43 Page 19 Roll call vote. Those voting yes: Ozuna, Hopper, Tallmon, Wells, Gable, and Callsen. Those voting no: none. Absent and not voting: none. MOTION CARRIED (CITY COUNCIL REPORTS) Councilman Tallmon asked who he should go to when he has questions. The Mayor assured him that he could always come in a talk to him. Councilwoman Ozuna stated that she enjoyed the Indian Creek workshop and was very impressed with the presentation by the Mayor. The Human Rights March was good, Cinco de Mayo celebration was moving along nicely and Gordy Crockett was planning to retire on April 1". Councilman Hopper noted that they should probably it down with Tony and discuss web sites with him and have some action on the Agenda for the next Council Meeting. Councilman Wells said that his feeling was that Rob and Tony could get together and do an inventory as to what the City has. Councilman Gable also reported that several contractors have contacted him to see why the City doesn't have building permits on line. Councilman Hopper expressed concern that the Fire Chiefs Banquet conflicts with the Torch activities. The Mayor stated that he was sure they understood, Councilman Callsen also felt the Core Area Design Group was moving along well and would be taking another step soon. Councilman Gable reminded everyone that the Torch would be going up Cleveland about 4:00 p.m, on Friday, January 25 °1 . Councilman Wells discussed at some length the special services contracts for the City and the City Attorney also made some comments in this regard. (MAYOR'S COMMENTS) The Mayor commented on the following: Reminded Council that there was an Open House for Judge Gutierrez the next day from 3:00 — 5:00 p.m. at the Courthouse; the Torch would be traveling down Cleveland Blvd. about 4:00 p.m, on Friday; next Monday was a workshop on recycling at 5:30 at the Police Station; the A.I.C. Legislative Committee was meeting on Friday, January 31" all day at Boise City Hall and there was a 11:45 a.m. meeting for City Officials and Representatives; the Y.M.C.A. was moving along nicely and the Committee was doing a wonderful job and the Site Selection Committee will be active again once the feasibility studies were done; February 18` was a Holiday and also a Monday — he would like to have the Council Meeting on Monday rather than the 19 he attended the hearing on term limits and actually testified on behalf of himself and read his comments to the Council. (ADJOURNMENT) MOVED by Gable, SECONDED by Hopper that since there was no further business, the meeting be adjourned at 10:00 p.m. Roll call vote. Those voting yes: Gable, Callsen, Hopper, Ozuna, Tallmon, and Wells. Those voting no: none. Absent and not voting: none. MOTION CARRIED APPROVED AS written — THIS 4 th DAYOF February 2002. 61 Ap, Mayor Councilperson o c I e son i «* CA Councilperson Counci perso Councilperson Councilperson k ® .I "k N ; ATTEST: City Clerk'