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HomeMy WebLinkAbout2008-01-22city council minutesBOOK 49 REGULAR MEETING January 22, 2008 7:00 P.M. The Meeting was called to order by Mayor Nancolas PAGE He noted that a workshop was held at 6:00 p.m. for the purpose of discussing Planning & Zoning issues involving district zones for the Caldwell Industrial Airport, the Steunenberg Historical District, the hospital, and revising the Zoning Ordinance land -use table. The Invocation was offered by Pastor Jim Berglund of the Caldwell 7 Day Adventist Church. The Mayor asked everyone to remain standing for the Pledge of Allegiance to the Flag. The Roll of the City Council was called with the following members present: Blacker, Oates, Hopper, Callsen, Dakan (by phone), and Sobba. SPECIAL PRESENTATIONS The Mayor recognized Anne Marie Skinner as the Employee of the Month. A letter of recommendation from Brian Billingsley, Planning & Zoning Director, was read into the record. A plaque and gift certificate was presented to Ms. Skinner. The Mayor asked Elaine Carpenter, a member of the City of Caldwell Audit Committee, to present the report from this committee concerning the recent financial audit. She reported that the committee was very pleased with the financial audit results and the direction in which the City of Caldwell is going. The general fund balance remains strong with an all time high fund balance, which gives City Council the opportunity to prioritize and address the needs of the citizens of Caldwell. Ms. Carpenter noted that this is the first year that reserves have been available for discretionary projects in the past eleven (11) years, which she has served on this Committee. As a citizen of Caldwell, Ms. Carpenter applauded the current administration, Council members, and employees for their diligence and stewardship of public dollars. E1Jay Waite, City Finance Director, reported that the City refinanced a portion of General Obligation Bond Series 2000 to take advantage of lower interest rates. This refinancing resulted in an interest savings of $554,118, which is 29.5% of the original remaining interest. Also, the economic and financial condition of the City continues to improve with residential and commercial growth. Last year new construction and annexations have added $180 million to assessed property values; therefore, expenditures are being funded entirely through the City's new growth revenues. The City's tax levy decreased by 5.8% for this coming year. Lee Miller, of Eide Bailly CPAs & Business Advisors, emphasized that he has personally been involved with the City's audit process for the past 15 years. The City's current financial state is the strongest he has seen during his period of involvement. The Mayor reported that copies of the Management Letter and Financial Statements as prepared by Eide Bailly are available for review at City Hall. ADDITIONS OR DELETIONS TO THE AGENDA MOVED by Blacker, SECONDED by Callsen to amend the agenda by adding Item #14 under the Consent Calendar to read: "Approve Resolution Nos. 07 -08, 08 -08, and 09 -08 authorizing condemnation and identifying private property rights regarding Exit 29 /Franklin Interchange to be acquired pursuant to Idaho Code Section 7- 707(6) as follows: Resolution No. 07 -08 regarding the de la Concepcions, Resolution No. 08 -08 regarding the Saray Company, and Resolution No. 09 -08 regarding Ralph Smeed; continue Item #4 under New Business as per the request by the applicant to the Regular City Council meeting to be held on March 3, 2008 at 7:00 p.m.; and add an Executive Session under New Business (Item 9A) pursuant to Idaho Code, Section 67 -2345, Subsection 1(a) and (f) for the purpose of discussing pending litigation and personnel issues. Those voting yes: unanimous. MOTION CARRIED AUDIENCE PARTICIPATION None. CONSENT CALENDAR: The Mayor presented the following items on the Consent Calendar for approval by Members of the City Council: 1. Approve acceptance of the minutes from the Regular City Council meeting held on January 7, 2008; the Caldwell City Traffic Commission meeting held on January 7, 2008; the Caldwell BOOK 49 PAGE Industrial Airport Commission meeting held on January 3, 2008; the Caldwell Public Library Board meetings held on December 6, 2007 and January 3, 2008; and the Caldwell Golf Board meeting held on November 28, 2007; 2. Approve Order of Decision and Development Agreement for Case No. ANN- 159 -07 /SUB /PUD- 178P -07 (Lincoln Village); 3. Approve Order of Decision for Case No. SUB- 164(1)F -06 (Sky Ranch Business Center #2 re- plat); 4. Approve Order of Decision for Case No. SUB /PUD- 130F(1) -05 (Sawgrass Village #1); 5. Approve Resolution No. 15 -08 accepting an Easement for a domestic water line from Peregrine Estates, LLC for Lakeview Elementary; 6. Approve Resolution No. 11 -08 accepting the FY2008 Municipal Irrigation Assessment Roll, estimate of expenses for irrigation system, adoption of FY2008 irrigation fees, and set date and place for Board of Corrections meeting; 7. Approve Resolution No. 10 -08 authorizing the execution of an Agreement with Pierce Manufacturing, Inc. for the purchase of Fire Department Engine 102 in the amount of $445,511; 8. Approve Resolution No. 12 -08 authorizing the execution of a State /Local Agreement with Idaho Transportation Department for Aviation Way Extension Construction; 9. Approve Resolution No. 13 -08 authorizing the execution of a Cooperative Agreement with Idaho Transportation Department for joint maintenance of the signalization light at Aviation Way and US 20/26; 10. Approve request to approve revised golf fees for all annual golf passes; 11. Approve request to approve travel reimbursement rates relative to mileage rate for City employees; 12. Approve the re- appointment of Elaine Leppert, Steve Maughn, and Gina Lujack to the Historic Preservation Commission for a three (3) year term ending December 31, 2010; 13. Approve the re- appointment of Andy Rodriguez to the Caldwell Housing Authority Board of Commissioners for a three (3) year term ending December 31, 2010; 14. Approve Resolution Nos. 07 -08, 08 -08, and 09 -08 authorizing condemnation and identifying private property rights regarding Exit 29 /Franklin Interchange to be acquired pursuant to Idaho Code, Section 7- 707(6) as follows: Resolution No. 07 -08 regarding the de la Concepcions; Resolution No. 08 -08 regarding the Saray Company, and Resolution No. 09 -08 regarding Ralph Smeed. [added] MOVED by Blacker, SECONDED by Dakan to approve the Consent Calendar as amended. Roll call vote. Those voting yes: Blacker, Oates, Hopper, Callsen, Dakan, and Sobba. Those voting no: none. Absent and /or not voting: none. MOTION CARRIED OLD BUSINESS: (CONSIDER BILL NO. 7 [ORDINANCE NO. 26581 FOR CASE NO. ANN- 146 -07 /SUB /PUD- 169P -07 [LAKEMONT SUBDIVISION] WITH A REQUEST TO WAIVE THE RULES, PASS ON THE FIRST READING, AND APPROVE THE SUMMARY FOR PUBLICATION) The Mayor read Bill No. 7 (Ordinance No. 265 8) by title only: AN ORDINANCE DETERMINING THAT CERTAIN LAND LAYS CONTIGUOUS TO THE CITY LIMITS OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO, AND THAT SAID LANDS SHOULD BE ANNEXED TO THE CITY OF CALDWELL, IDAHO, AS PART OF THE R -1 (SINGLE - FAMILY RESIDENTIAL) ZONE; DECLARING SAID LANDS BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW TO BE A PART OF THE CITY OF CALDWELL, CANYON COUNTY, IDAHO; DIRECTING THE CITY ENGINEER AND PLANNING AND ZONING DIRECTOR TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF CALDWELL, IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CLERK OF THE CITY OF CALDWELL TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE AREA TO BE ANNEXED WITH CANYON COUNTY, STATE OF IDAHO AND THE IDAHO STATE TAX COMMISSION, PURSUANT TO IDAHO CODE, SECTION 63 -215. MOVED by Hopper, SECONDED by Callsen to waive the three reading process and consider Bill No 7 on its first reading by title only. Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Sobba, Blacker, and Oates. Those voting no: none. Absent and /or not voting: none MOTION CARRIED MOVED by Hopper, SECONDED by Callsen to sponsor Bill No. 7, move for its passage, and approve the summary for publication. Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Sobba, Blacker, and Oates. Those voting no: none. Absent and /or not voting: none. MOTION CARRIED BOOK 49 NEW BUSINESS: PAGE (CONSIDER APPROVAL OF RESOLUTION NO. 14 -08 AUTHORIZING THE EXECUTION OF AN INDEPENDENT CONTRACTOR AGREEMENT FOR ENVIRONMENTAL TECHNICAL SERVICES WITH RICK WELLS FOR THE DOWNTOWN BROWNSFIELDS ASSESSMENT PROJECT) Mark Hilty, City Attorney, 1303 12 Avenue, Nampa, stated that this matter was placed on the Consent Calendar at the last Regular City Council meeting. However, shortly before the meeting concern was raised as to whether it was appropriate or legal to enter into such a contract with a former City Council member for the purpose of providing environmental consulting. Mr. Hilty noted that he has researched the concerns in relation to any applicable laws. He outlined Idaho Code, Title 67 -28, Title 67- 23 -20, and Title 18 -13 -59 referencing the acquisition of personal services. He noted that the lowest bidder requirement does not apply to cities when they are acquiring professional services and the statutory requirement does not apply to contracts under $30,000. He noted that the estimated amount to complete the environmental technical services would be $25,000 and recommended that the contract be drafted accordingly. In response to questions from the Mayor, Mr. Hilty noted that he has drafted approximately twelve similar contracts since serving as the City Attorney. In response to questions from Councilman Callsen, the Mayor stated that Mr. Wells entered into a contract with the Urban Renewal Agency for environmental technical services. He was reimbursed for items pertaining to out -of- pocket expenses during that time but no funds were expended for his time. Councilman Blacker expressed his support of the contract with Mr. Wells. Councilman Sobba stated that he has received phone calls from citizens who were concerned about the perception of the City entering into the contract with Councilman Wells without allowing for the public bidding process. He expressed his opposition to the contract. The Mayor stated that the City has been very transparent concerning the contract and has made determinations concerning the project that reflect the best interest of the City. He noted that Mr. Wells has volunteered his time in the past concerning environmental issues relating to this project. Councilman Hopper stated that the time element to complete the environmental work associated with the Indian Creek Project is critical. He stated his support of entering into the contract with Mr. Wells. MOVED by Hopper, SECONDED by Callsen to approve Resolution No. 14 -08 authorizing the contract award for the Downtown Brownfield Assessment project to Rick Wells with the provision that the cap amount within the contract be set at $25,000. Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Blacker, and Oates. Those voting no: Sobba. Absent and/or not voting: none. MOTION CARRIED (PUBLIC FUNDS HEARING REGARDING STATUS OF FUNDS FOR THE IDAHO COMMUNITY DEVELOPMENT BLOCK GRANT RECEIVED FOR PHASE II OF THE CALDWELL TRAIN DEPOT PUBLIC PLAZA AND PARKING IMPROVEMENTS) Pat Engel, Planning Specialist from Sage Community Resources, outlined facts concerning the ICDBG funding for Phase II of the Caldwell Train Depot Public Plaza and Parking Improvements Project. She noted that the City of Caldwell applied for and received $490,000 in grant funding and there is approximately $4,200 administrative dollars remaining for closeout activities. All activities will be completed by February 2008 to complete the project. Councilman Hopper expressed his appreciation to Ms. Engel and the assistance of Sage Community Development Resources in managing Idaho Community Development Block Grant funds for City projects. MOVED by Blacker, SECONDED by Callsen to close the public hearing. Those voting yes: unanimous. MOTION CARRIED (PUBLIC HEARING [QUASI - JUDICIAL)] CASE NO. SUB /PUD- 167PF -07, A REQUEST BY RON MCCONNELL AND SKINNER LAND SURVEY FOR SHORT PLAT /PLANNED UNIT DEVELOPMENT APPROVAL OF CAMPUS TOWNHOME SUBDIVISION CONSISTING OF 5 RESIDENTIAL LOTS AND 1 COMMON LOT. THE SITE IS LOCATED AT 2216 WISCONSIN) The Mayor explained the public hearing process and had the clerk swear in those who were signed up to speak at any of the public hearings tonight BOOK 49 PAGE 10 Anne Marie Skinner, 621 Cleveland Blvd., acknowledged being sworn in, presented an aerial map, which the Mayor labeled as CC -1000, and outlined the facts within the staff report. She noted that the property is located within the proposed College Zone. The landscaping requirements have been exceeded to include pathways, parking, and a small recreational area for the inhabitants of the property. Healthy trees on site will be retained. This is considered an in -fill Planned Unit Development. Ron McConnell, 216 E. Pat Lane, acknowledged being sworn in. He noted that the property had previously been used as a rental. One structure on the property was demolished and the remaining structure was recently remodeled into a duplex, which has greatly improved the neighborhood. The request involves four additional two- story, town house units to be built in a duplex style. The square footage of each unit is approximately 1,600 sq. ft. and will have four bedrooms and three baths. A neighborhood meeting was held with one person in attendance. W. Homer Poland, 1712 E. Maple Street, was sworn in by the clerk and spoke in opposition to this request. He stated his concerns regarding the development to include the potential of additional traffic within the area since there have been several accidents at the Maple Street intersection, an increase of property taxes, and the fact of having apartment complexes in close proximity to his property. Caroline Poland, 1712 E. Maple Street, signed in opposition to the request but did not speak. In rebuttal, Mr. McConnell stated that due to the design of the complex, traffic within the area could possibly slow down. In response to questions from Councilman Callsen, Anne Marie Skinner stated that the development meets the provisions of the proposed College Zone. Councilman Sobba stated that he is aware of the history of the neighborhood and appreciates improvements being made to the area by Mr. McConnell. MOVED by Blacker, SECONDED by Callsen to close the public testimony portion of the public hearing. Those voting yes: unanimous. MOTION CARRIED EVIDENCE LIST FOR CASE NO. SUB /PUD- 167PF -07: The Council President presented the Evidence List: staffreport, sign up sheets, short-plat, and CC -1000 (aerial map presented by Anne Marie Skinner). MOVED by Hopper, SECONDED by Blacker to accept the Evidence List as presented. Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Sobba, Blacker, and Oates. Those voting no: none. Absent and /or not voting: none. MOTION CARRIED COMPREHENSIVE PLAN ANALYSIS FOR CASE NO. SUB /PUD- 167PF -07: MOVED by Hopper, SECONDED by Blacker to accept the Comprehensive Plan Analysis as presented in the staff report under roman number V. Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Sobba, Blacker, and Oates. Those voting no: none. Absent and /or not voting: none. MOTION CARRIED FINDINGS OF FACT ON CASE NO. SUB /PUD- 167PF -07: MOVED by Hopper, SECONDED by Blacker to accept the general facts as outlined in the staff report, the public testimony that was given in this matter, the evidence list that was presented, and note that the applicant is in compliance with the College Zone requirements. Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Sobba, Blacker, and Oates. Those voting no: none. Absent and /or not voting: none. MOTION CARRIED CONCLUSIONS OF LAW ON CASE NO. SUB /PUD- 167PF -07: MOVED by Hopper, SECONDED by Blacker that the Caldwell City Council has the authority to hear this case and to make the decision to approve or deny; and the public hearing was noticed and heard within the guidelines of applicable state codes and local ordinances. Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Sobba, Blacker, and Oates. Those voting no: none. Absent and /or not voting: none. MOTION CARRIED ORDER OF DECISION ON CASE NO. SUB /PUD- 167PF -07: BOOK 49 PAGE 11 MOVED by Hopper, SECONDED by Blacker that based on the Findings of Fact and Conclusions of Law, the Caldwell City Council hereby orders that Case No. SUB /PUD- 167PF -07, a request by Ron McConnell and Skinner Land for short plat/planned unit development approval of Campus Townhome Subdivision consisting of 5 residential lots and 1 common lot is approved with the conditions listed in Section 8 ofthe staffreport. Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Sobba, Blacker, and Oates. Those voting no: none. Absent and /or not voting: none. MOTION CARRIED MOVED by Hopper, SECONDED by Callsen to close the public hearing. Those voting yes: unanimous. MOTION CARRIED (PUBLIC HEARING [QUASI - JUDICIAL]: CASE NO. ANN - 165 -07 /SUB- 185P -07, A REQUEST BY PINE STREET LLC, WILLIAM BLACK, STEVEN GARDINER, AND STANLEY CONSULTANTS FOR ANNEXATION OF 21.02 ACRES WITH R -1 [SINGLE- FAMILY RESIDENTIAL] ZONING, A DEVELOPMENT AGREEMENT AND PRELIMINARY PLAT APPROVAL OF SELAH ESTATES SUBDIVISION CONSISTING OF 56 RESIDENTIAL LOTS AND 7 COMMON LOTS. THE SITE IS LOCATED AT THE NORTHWEST CORNER OF 10 AVENUE AND HOMEDALE ROAD) [This item was continued to the Regular City Council meeting to be held on March 3, 2008 by previous motion.] The Mayor declared a short recess. (PUBLIC HEARING (QUASI - JUDICIAL): CASE NO. ANN - 164 -07 IS A REQUEST MADE BY THE CITY OF CALDWELL FOR CATEGORY B ANNEXATION OF 26.91 ACRES WITH R -1 (SINGLE- FAMILY RESIDENTIAL) ZONING, C -1 (NEIGHBORHOOD COMMERCIAL) ZONING, AND C -2 (COMMUNITY COMMERCIAL) ZONING AND DESIGNATIONS ON THE CALDWELL COMPREHENSIVE PLAN MAP AS LOW DENSITY RESIDENTIAL AND COMMERCIAL. THE SITES ARE LOCATED AS FOLLOWS: 4522 LAKE AVE.; 2808 MARBLE FRONT RD.; 2816 MARBLE FRONT RD.; 1120 W. LOGAN ST.; 1106 W. LOGAN ST.; 3904 S. INDIANA AVE.; 4024 S. FLORIDA AVE.; 3912 S. FLORIDA AVE.; 104 AMBER ST.; 1409 E. USTICK RD.; 5023 HWY 20 -26; 5205 HWY 20 -26; 715 BORCHERS LN.; 723 BORCHERS LN.; 5017 HWY 20 -26; 4114 NELSON LN.; 712 BORCHERS LN.; 2703 MARBLE FRONT RD.; 2702 MARBLE FRONT RD.; AND 2722 MARBLE FRONT RD.) Anne Marie Skinner, 621 Cleveland Blvd., acknowledged being sworn in, presented the staff report, and outlined the facts as written. She noted that the Category B annexation request involves 21 parcels. She read into the record the listing of property owners, the parcel location, amount of acreage, and the reason for the annexation. Mark Hilty, 1303 12"' Avenue Road, Nampa, provided information about Idaho Code Category B Annexation requirements. Several findings must be met in order to consummate a Category B Annexation as stipulated by Idaho Code: 1) The subject action concerns 100 parcels or less; 2) The property is contiguous or adjacent to the City limits; 3) The properties are located within the City's Area of Impact; 4) The properties are five acres or fewer and the creation of the lot of five acres or smaller was not due to the placement of public utilities, public highways, public roadways, or railroad lines prior to January 1, 1975, nor is the creation of the lot the result of a single sale after January 1, 1975 of five acres or less to a family member of the owners; 5) The City has prepared and published the written annexation plan; and 6) The hearing's notice of procedures as listed in Idaho Code have been met. He emphasized that the property to be annexed cannot be fairground property or a 50 -acre or larger planned unit development that provides recreational activities to the public. Mr. Hilty stated that the following findings must be spelled out within the Order of Decision indicating that the Category B Annexation requirements have been met: 1) The land to be annexed meets the applicable requirements of Idaho Code 50 -222 [Subsection 5(b)] and does not fall within the exceptions or conditional exceptions contained in this section of the Idaho Code; 2) The annexation would be consistent with the public purposes addressed in the annexation plan prepared by the City; and 3) The annexation is reasonably necessary for the orderly development of the City. In response to questions from the Mayor, Brent Orton, 621 Cleveland Blvd., acknowledged being sworn in and outlined the circumstances surrounding these annexations. He explained that the annexation targeted properties that are currently receiving City services as part of the City's orderly growth plan. If a parcel receives City services, the owner is required to enter into an agreement that states they would annex when the property becomes contiguous and thus contribute to the property tax base for the City. In response to questions from Councilman Oates, Ms. Skinner indicated that staff has received a variety of responses from property owners affected by the proposed annexation. BOOK 49 PAGE 12 In response to questions from Councilman Blacker, Mr. Orton noted that the participants have been paying the enterprise fund for the services received; however, one of the agreements dated back to the early portion of the last century with the property never being annexed. Cheryl Scott, 2703 Marble Front Road, acknowledged being sworn in. She spoke in opposition to this request. She read a letter into the record, which the Mayor labeled as CC- 1000. She noted that their parcel was excluded from the annexation list in the first mailing notice from the City but was added along with other neighboring parcels when the second notice was received. She reported that their parcel has received City services since 1931. Larry Givens, 5205 Hwy. 20/26, was sworn in by the clerk and spoke in opposition to this request. He reported that they did not receive any notification of the annexation request or public hearing. A private sewer district was formulated approximately 30 years ago at their location. As owners of the district, they maintain their own pumps and pay the City for necessary services regarding sewage disposal. The obligation for the sewer grant, however, must still be fulfilled. He expressed his concern regarding a potential increase of taxes and asked what benefits will be received at the time of annexation. The Mayor explained the use of property taxes by the City. Mr. Givens requested the opportunity to defer the annexation until the DEQ sewer grant obligation has been fulfilled. In response to questions from the Mayor, Mr. Givens stated that they did not receive any notification concerning the proposed annexation/hearing. Discussion followed concerning inaccurate information gained by Planning & Zoning staff from the Canyon County Assessor in regards to parcel owner's names and corresponding addresses. In response to questions from Councilman Hopper, Mr. Given stated that the grant obligation would be fulfilled in seven years. He noted that in 1989 they extended their sewer line west to the Flying J for services. When the City extended the line east, it was connected with their sewer line along Hwy. 20/26. He emphasized that he has no knowledge of any agreement with the City concerning future annexation at the time of connection. Doug Strosnider, 7354 Alpine, Nampa, acknowledged being sworn in. He reported that he is considering the purchase of property that would be included in the proposed annexation. The current owner did not receive any notification concerning the annexation process or public hearing. The parcel is a 20 -unit mobile home park located off of Borchers Lane. He noted that he and his partner plan to operate the mobile home park in its current state. The Mayor stated his concern regarding the notification process with this Category B Annexation request. He emphasized that the last forced annexation by the City was highly publicized with town hall meetings, which helped to answer questions and calm fears of those affected by the annexation. He recommended that staff research the issue concerning the inaccurate address and parcel owner information received by Canyon County and then meet with the parcel owners and answer questions pertaining to city services, hook -up policies, code enforcement issues, future development, and City tax dollar allocations. In response to questions from Anne Marie, the Mayor suggested that staff use registered mail to track the appropriate property owners as well as post notices on the private residences as needed. Discussion was held among Council members concerning the need to meet with property owners and educate them about the annexation process and benefits provided by the City of Caldwell. Councilman Oates stated his opposition to the Category B Annexation request. Mark Hilty reminded Council members that this is a quasi - judicial matter and discussion/decisions may only be conducted within the public hearing setting. MOVED by Hopper, SECONDED by Callsen continue the public hearing to the Regular City Council meeting to be held on March 17, 2008 at 7:00 p.m. with the provision that staff notify all property owners affected by the annexation and address any potential concerns regarding this action and the City Attorney to research and discuss with staff concerning the proper notification process as stated in Idaho Code. Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Sobba, and Blacker. Those voting no: Oates. Absent and /or not voting: none. MOTION CARRIED (CONSIDER BILL NO. 55 [ORDINANCE NO. 27061 FOR CASE NO. ANN - 164 -07 [CATEGORY B ANNEXATIONS] WITH A REQUEST TO WAIVE THE RULES, PASS ON THE FIRST READING, AND APPROVE THE SUMMARY FOR PUBLICATION) [By previous motion, this item was continued to March 17, 2008.] BOOK 49 PAGE 13 (FINANCE AND HUMAN RESOURCE REPORTS) Councilman Callsen reported that the Finance Committee has reviewed current accounts payable in the amount of $2,613,520.87for the pay period ending January 17, 2008 and a net payroll in the amount of $254,418.84 for the pay period ending January 5, 2008. MOVED by Callsen, SECONDED by Hopper that accounts payable in the amount of $2,613,520.87 represented by check numbers 49295 through 49830 and the total payroll in the amount of $254,418.84 represented by check numbers 14488 through 14542 and direct deposits be accepted, payments approved, and vouchers filed in the Office of the City Clerk. Those voting yes: unanimous. MOTION CARRIED (COUNCIL COMMENTS) Councilman Hopper expressed his appreciation for the well organized Human Rights Celebration gathering held on January 21. Councilman Blacker suggested that the City separate and sponsor the State of the City address from the Chamber Noon Break Lunch in 2009. The Mayor recommended that any comments concerning this matter be sent directly to the Councilman Blacker for further discussion. (MAYOR'S COMMENTS) The Mayor expressed his appreciation for the media coverage of the State of the City including the editorial located on the Opinion page in the Idaho Press Tribune. He recently participated in the Geography Bee held at Wilson School. The joint workshop with the Caldwell School District was very helpful and positive. A similar joint session will be scheduled with Vallivue School District in the near future. He will be leaving for Austin, Texas to attend a National League of Cities Conference in January 23- 26. The "Meet Your Elected Officials" gathering will be held on Tuesday, January 29, at the College of Idaho at 5:30 p.m. On January 31 the Association of Idaho Cities Legislative Day will be held in Boise. He encouraged participation of Council members concerning this event. Councilmen Blacker, Hopper, and Oates stated they were planning to attend. (EXECUTIVE SESSION PURSUANT TO IDAHO CODE, SECTION 67 -2345, SUBSECTION 1(A) AND (F) FOR THE PURPOSE OF DISCUSSING PENDING LITIGATION AND PERSONNEL ISSUES) MOVED by Oates, SECONDED by Hopper to convene into an Executive Session at 9:40 p.m. pursuant to Idaho State Code 67 -2345, subsection 1(a) and (f) for the purpose of discussing pending litigation and personnel issues. Roll call vote. Those voting yes: Oates, Hopper, Callsen, Dakan, Sobba, and Blacker. Those voting no: none. Absent and /or not voting: none. MOTION CARRIED MOVED by Oates, SECONDED by Blacker to reconvene into the Regular Council Meeting at 10:00 p.m. Roll call vote. Those voting yes: Oates, Hopper, Callsen, Dakan, Sobba, and Blacker. Those voting no: none. Absent and /or not voting: none. MOTION CARRIED (ADJOURNMENT) MOVED by Oates, SECONDED by Hopper to adjourn at 10:00 p.m. Those voting yes: unanimous. MOTION CARRIED BOOK 49 PAGE 14 APPROVED AS written THIS 4th DAY OF FEBRUARY 2008. Mayor Councilperson Councilperson Councilperson Councilperson Councilperson Councilperson ATTEST: City Clerk