Loading...
HomeMy WebLinkAbout2000-02-22city council minutesBook 41 REGULAR MEETING 1+E13RUARY 22, 2000 7:30 P.M. The Meeting was called to order by Mayor Nancoias. The Invocation was offered by Associate Pastor Steve Coy, of the Valley Pentecostal Church after which 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: Gable, Callsen, Ozuna, Langan, and Wells. Absent: Earl. ADDITIONS OR DELETIONS FROM TIIE AGENDA. The Mayor asked if there were any additions or deletions to the Agenda at this time. It was MOVED by Gable, SECONDED by Callsen to add an Item No. 15 wider the Consent Calendar which was to approve the Order of Decision for Case No. VAC- 06 -99, a request to amend the plat of City View Tracts. Roll call vote. Those voting yes: Gable, Callsen, Ozuna, Langan, and Wells. Those voting no: none. Absent and not voting: Earl. MOTION CARRIED MOVED by Langan, SECONDED by Gable to accept the Agenda as amended. Roll call vote. Those voting yes: Langan, Wells, Gable, Callsen, and Ozuna. Those voting no: none. Absent and not voting: Earl. SPECIAL PRESENTATIONS. MOTION CARRIED Mayor Nancolas noted the presence of two Seniors from the Higl 5ch,)ol and asked that they stand and introduce themselves. The Mayor stated that he would like to make a special presentation at this tame. He read the following letter addressed to Captain Maybon and the Nfayor's Office: On January 20 " 2000 at about 9:20 p.m., a twenty -nine year old Caldwell in" battered his girl friend and threatened her with a knife. During this disturbance, the Police were called. The man ordered, at knife point, the woman and two children, ages 11 and 4 into a bedroom. When Officers arrived, the man told the woman not to tell them about the fight and held her children in the bedroom. The woman told Officers what happened and that he was holding the children against their will. When the Officers made contact with the man, he threatened suicide and refused to release the two children. The Tactical Response Team and Crisis Negotiator, Baltazar Garza, was called to the scene to resolve this problem. Garza began speaking to the man through the closed door at 10:15 p.m. with the goal of convincing this man to release the children and surrender. Garza opened the door to give the man items that he demanded in exchange for releasing one of the hostages. Garza saw that the man was holding the children in front of him to shield himself from the Officers with the knife he held on the 4- year -old girl. About 11:20 p.m., Garza convinced the man to release the girls. Garza had to reach into the room to pull the girl to safety. Garza continued to negotiate for the 11- year -old boy's release. The man was depressed over his relationship and feared going to prison for the crimes he had committed. He said he was going to kill himself and refused to release the boy. Knowing the threat of harm to the boy was what kept the Police from arresting him. Garza opened the door again and Page 39 Book 41 Page 40 saw that the man was holding a knife at the boy's throat. At about 5:20 a.m., Garza convinced the man to release the boy. The man was still very reluctant. However, Officer Garza was determined to get the boy safely away from this man. He entered the room and grabbed ahold of one of the boy's arms, the man was still holding on with the other arm. Garza was within striking distance. If the man had chosen to, he could have attacked him with the knife. At 5 :23 a.m., Garza did succeed pulling the boy out of the room and took him to his Mother. Once the boy was safe, the Tactical Response Team Officers arrested this man. Detective Garza spent over seven very intent hours negotiating the release of the children. He did not take any breaks and never gave any indication of quitting. During the release of the last hostage, Garza knowingly placed himself at risk to protect this child. We are certain that because of Garza's patience, perseverance, and strong sense of duty the children were released uninjured and the Tactical Response Team was not forced to take any deliberate action again the hostage taker. Therefore, it is with a great deal of pleasure that we award Officer Garza the Silver Star and recognize him for his brave and meritorious action. The Mayor then presented Officer Garza the Silver Star Award which was one of the highest awards a Police Officer can receive. The Plaque stated: "This award is hereby presented for acts of heroism above and beyond the call of duty for successfully negotiating the release of two children from a distraught, suicidal subject. Corporal Garza negotiated for seven hours with the subject which resulted in the release of the hostages without injuries to either the hostages or the suspect. Corporal Garza knowingly placed himself in harm's way. These actions exceed the highest standards of Police Service. Presented this 22 " day of February, 2000 by Mayor Nancolas and the City Council." AUDIENCE PARTICIPATION. The Mayor asked if there was anyone in the audience who cared to address the City Council on any item that was not included on the Agenda. Michelle Hendrix stated that she was representing Ruth Taggart, 403 Harrison. Ms. Taggart was sixty -three years old, a widow and disabled and wants to continue to live independently. She lived in a shack that needed to be condemned. Ms. Taggart would like to put a manufactured home on her property. She has just enough income to afford a used, singlewide, manufactured home. She found that she would have to pay a demolishing permit and a special use permit, which was very expensive, and a legal notice fee of $25, a public hearing fee of $180. The estimated cost was about $400. She was told by City Hall that everyone was treated the same. She was not asking that Ruth be treated differently; she was asking that she be treated fairly. She was asking for special consideration for reduction of fee or whatever the Council could grant her. The Mayor noted that there was no action required at this time. His recommendation was to take this matter under advisement and respond at an appropriate time. Council was the only one that could grant a deviance from normal procedure. CONSENT CALENDAR. The Mayor presented the following items on the Consent Calendar for consideration by the Members of the Council: I. Dispense with the reading of the minutes from the February 7, 2000 Regular Meeting and approve as written; 2. Approve acceptance of the following minutes from the various boards and commissions: Airport Commission Meeting of February 3, 2000; Caldwell Golf Board Meeting of January 19, 2000; and the Caldwell Planning and Zoning Commission Meeting of January 27, 2000; Book 41 Page 41 Approve acceptance of a Deferral Agreement from Bryan and ]Kimberly Kiser until a local improvement district is formed to construct improvement; Approve request from the Finance Director to transfer two conference tables that are no longer in use to the Canyon County Sheriff s Office; Approve following Resolution to cancel Airport Lease Agreement with Joyce E. Maddock dba Cock of the Walk Restaurant: RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CANCELLA'T'ION OF AN AIRPORT TENANT AGREEMENT BETWEEN THE CITY OF CALDWELL AND JOYCE E. MADDOCK DBA COCK OF THE WALK RESTAURANT. 6. Approve following Resolution for Airport Tenant Agreement with Carol A. Camren dba The Airport Cafe: RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AIRPORT TENANT AGREEMENT BETWEEN THE CITY OF CALDWELL AND CAROL. A. CAMREN DBA THE AIRPORT CAFE. Approve Order of Decision for Case No. OA -27 -00 to amend zoning ordinance by deleting a section from Planned Unit Development requirements; Approve authorizing the continuation of Agreement with Howard Brothers, Inc. for cleaning service; Approve following Resolution to authorize execution of an Agreement with the State of Idaho for the Tenth Avenue Overpass Project Deck Rehabilitation: WHEREAS, the Idaho Transportation Department, hereafter called the State, has submitted an Agreement stating obligations of the State and the City of Caldwell, hereafter called die City, for construction of 10` Avenue Overpass, Caldwell; and WHEREAS, the State is responsible for obtaining compliance with laws, standards and procedural policies in the development, construction and maintenance of improvements made to the Federal -aid highway System when there is federal participation in the costs; and WHEREAS, Certain functions to be performed by the State involve the expenditure of funds as set forth in the Agreement; and WHEREAS, The State can only pay for work associated with the State Highway System; and WHEREAS, The City is fully responsible for its share of project costs; and NOW, THEREFORE, BE IT RESOLVED: 1. That the agreement for Federal Aid Highway Project Blt- 7773(100) is hereby approved. 1 That the Mayor and the City Clerk are hereby authorized to execute the Agreement on behalf of the City. 3. That duly certified copies of the Resolution shall be furnished to the Idaho Transportation Department. 10. Approve appointment of Ray Caldwell to the Airport Commission for a four -year term; 11. Approve acceptance of a 40 foot right of way deed from Al Beek of Mobile Nome Locators; 12. Approve acceptance of a public improvements Deferral Agreement with Al Heck of Mobile Home Locators, Inc; 13. Approve acceptance of a Warranty Deed to the City of Caldwell from Houston Family Limited Partnership by Alpha I ouston Family, LLC.; 14. Approve Resolution to authorize execution of a State and Local Agreement for construction of Exit 29; Book 41 Page 42 15. Approve Order of Decision for Case No. VAC- 06 -99, a request to amend the plat of City View Tracts. MOVED by Gable, SECONDED by Wells to approve the Consent Calendar as amended. Roll call vote. Those voting yes: Gable, Callsen, Ozuna, Langan, and Wells. Those voting no: none. Absent and not voting: Earl. MOTION CARRIED OLD BUSINESS (SECOND READING OF BILL NO. 3, CASE NO. OA -27 -00 — ZONING ORDINANCE AMENDMENT WITH REQUEST TO WAIVE THE RULES AFTER THE SECOND READING AND PASS AND APPROVE THE SUMMARY FOR PUBLICATION) Mayor Nancolas noted that this was the time set for the second reading of Bill No. 3 with the request to waive the rules requiring that a bill be read at three separate times and read in full for one reading. The request to approve the Summary for publication was also included. The Mayor read the Bill by title only as follows: AN ORDINANCE TO AMEND CHAPTER 10, OF THE MUNICIPAL CODE OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO, REGARDING: ARTICLE 2, SECTION 10- 03 -07, PLANNED UNIT DEVELOPMENTS BY DELETING SUBSECTION (4)C. REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS, AND PARTS THEREOF IN CONFLICT HEREWITH. MOVED by Gable, SECONDED by Ozuna to waive the rules requiring that a bill be read at three separate times and read in full for one reading and pass Bill No. 3. Roil call vote. Those voting yes: Gable, Callsen, Ozuna, Langan, and Wells. Those voting no: none. Absent and not voting: Earl. MOTION CARRIED MOVED by Gable, SECONDED by Ozuna that Bill No. 3 be passed and entitled Ordinance No. 2317 after the second reading. Roll call vote. Those voting yes: Gable, Callsen, Ozuna, Langan, and Wells. Those voting no: none. Absent and not voting: Earl. MOTION CARRIED MOVED by Gable, SECONDED by Callsen to approve the summary for publication of Ordinance No. 2317. Roll call vote. Those voting yes: Gable, Callsen, Ozuna, Langan, and Wells. Those voting no: none. Absent and not voting: Earl. MOTION CARRIED NEW BUSINESS (PROTEST HEARING FOR LOCAL IMPROVEMENT DISTRICT 99 -2, A LID FOR CONSTRUCTION AND REPLACEMENT OF CONCRETE CURBS, GUTTERS, SIDEWALKS AND DRIVEWAY APPROACHES IN THE CITY) Book 41 Page 43 The Mayor stated that the first item under New Business was a Protest Hearing for Local Improvement District 99 -2, which was for construction and replacement of concrete curbs, gutters, sidewalks and driveway approaches in the City. He further noted that it was a voluntary L.I.D. which means that individuals were invited to participate if they desire to do so. The City does provide twenty -five percent of the cost associated with it and the properly owner seventy -five percent. The Public Bearing was then opened and he noted that no one was signed to speak at this time. The City Engineer informed the Mayor and Council that there was one correction to the Ordinance on Page 4 which involved some of the figures. He explained the corrections and indicated that the page in the original Bill would be changed accordingly. MOVED by Langan, SECONDED by Gable to close the Protest Hearing on L.I.D. 99 -2. Roll call vote. Those voting yes: Langan, Wells, Gable, Callsen, and Ozuna. Those voting no: none. Absent and not voting: Earl. MOTION CARRIED (CONSIDER DILL NO. 4 TO CONFIRM THE ASSESSMENT ROLL WITH THE REQUEST TO WAIVE THE RULES AND PASS THE BILL ON THE FIRST READING) The Mayor stated that the next item of business was to consider the Bill to confirm the Assessment Roll for Local Improvement District 99 -2. Before proceeding, the Mayor requested a motion from Council to amend the Bill before consideration. MOVED by Gable, SECONDED by Callsen to amend Bill No. 4 with a change in the figures on page 4 to read $142,336.04 and $37,688.46 in the first sentence; in the third and fifth sentence $104,647.58 and to change the same numbers in the bottom paragraph. Roll call vote. Those voting yes: Gable, Callsen, Ozuna, Langan, and Wells. Those voting no: none. Absent and not voting: Earl. MOTION CARRIED Mayor Nancolas read Bill No. 4 by title only as follows: AN ORDINANCE MAKING CERTAIN FINDINGS IN CONNECTION WITH LOCAL IMPROVEMENT DISTRICT NO. 99 -2 FOR THE CITY OF CALDWELL, IDAHO, INCLUDING THE NAMING OF SAID DISTRICT, THE CREATION OF SAID DISTRICT, THE HEARING OF PROTESTS AND THE FINDINGS MADE THEREAFTER IN CONNECTION THEREWITH; PROVIDING THE MEANS OF DETERMINING THE VALUE OF REAL PROPERTY IN SAID DISTRICT; SETTING OUT THE IMPROVEMENTS MADE, THE PROPERTY AFFECTED, AND THE BENEFITS TO BE RECEIVED BY THE PROPERTY ASSESSED WITHIN SAID LOCAL IMPROVEMENT DISTRICT; ASSESSMENT ROLL FOR SAID DISTRICT LEVYING THE ASSESSMENT CONTAINED THEREIN, PROVIDING FOR THE PAYMENT AND NOTICE OF SAID ASSESSMENTS; AND PROVIDING FOR THE FINALITY OF TIIE DETERMINATION OF THE REGULARITY, VALIDITY, AND CORRECTNESS OF SAID ASESSMENT ROLL; RATIFYING THE PROCEEDINGS TAKEN IN CONNECTION WITH THE CREATION, PREPARATION AND ADOPTION OF THE ASSESSMENT ROLL, THE HEARING HELD THEREON AND THE NOTICE OF SAID HEARING AS TO SAID LOCAL IMPROVEMENT DISTRICT"; PROVIDING SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE. Book 41 Page 44 MOVED by Langan, SECONDED by Ozuna to waive the rules requiring that a bill be read at three separate times and in full for one reading and pass the Bill after the first reading. Roll call vote. Those voting yes: Langan, Wells, Gable, Callsen, and Ozuna. Those voting no: none. Absent and not voting: Earl. MOTION CARRIED MOVED by Langan, SECONDED by Wells that Bill No. 4 be passed as amended and entitled Ordinance 2318 after the one reading by title only. Roll call vote. Those voting yes: Langan, Wells, Callsen, Gable, and Ozuna. Those voting no: none. Absent and not voting: Earl. MOTION CARRIED (PROTEST HEARING FOR LOCAL IMPROVEMENT DISTRICT 00 -2 FOR CONSTRUCTION OF NEW AND REPLACEMENT OF CONCRETE, CURBS, GUTTERS, SIDEWALKS AND DRIVEWAY APPROACHES ON CITY RIGHTS OF WAY) The Mayor informed Council that this was also a Protest Hearing on the proposed L.I.D. which will allow property owners to install and replace miscellaneous concrete work on public right of way. This was a new version of the L.I.D. that was just completed. There was no one signed to testify on this matter. The Mayor then opened the Protest Hearing. MOVED by Ozuna, SECONDED by Gable that the Protest Hearing be closed. Roll call vote. Those voting yes: Ozuna, Langan, Wells, Gable, and Callsen. Those voting no: none. Absent and not voting: Earl. The Mayor officially closed the Protest Hearing, MOTION CARRIED (CONSIDER BILL NO. 5 FOR THE CREATION OF LOCAL IMPROVEMENT DISTRICT 00 -2 FOR CONCRETE WORK WITH THE REQUEST TO WAIVE THE RULES) Mayor Nancolas explained that Bill No. 5 was to create the above Local Improvement District for the miscellaneous concrete. There was also a request to waive the roles and pass on the first reading. He then read Bill No. 5 by title as follows: AN ORDINANCE OF THE CITY OF CALDWELL IDAHO, CREATING LOCAL IMPROVEMENT DISTRICT NO, 00 -2 FOR CALDWELL, IDAHO, FOR THE CONSTRUCTION OF CONCRETE CURBS, GUTTERS, DRIVE APPROACHES, AND SIDEWALKS, PROVIDING FOR THE LEVYING OF ASSESSMENTS UPON THE PROPERTY TO BE BENEFITED BY SUCH IMPROVEMENTS AND FOR THE BASIS OF MAKING SAID ASSESSMENTS; SETTING FORTH THE PROPERTIES TO BE INCLUDED IN SAID DISTRICT; PROVIDING FOR MAKING THE ASSESSMENT ROLL, AUTHORIZING THE PUBLICATION OF A CALL FOR CONSTRUCTION BIDS. MOVED by Gable, SECONDED by Callsen to waive the rule requiring that a bill be read at three separate times and read in full for the one reading. Roll call vote. Those voting yes: Gable, Callsen, Ozuna, Langan, and Wells. Those voting no: none. Absent and not voting: Earl. Book 41 MO'T'ION CARRIED MOVED by Gable, SECONDED by Callsen that Bill No. 5 be passed and entitled Ordinance No. 2319 after the one reading by title only. Roll call vote. Those voting yes: Gable, Callsen, Ozuna, Langan, and Wells. Those voting no: none. Absent and not voting: Earl. MOTION CARRIED (REQUEST FOR AN EXECUTIVE SESSION PURSUANT TO IDAHO STATE CODE, 67 -2345 FOR TI4E PURPOSE OF DISCUSSING PERSONNEL) Mayor Nancolas stated that he would request a motion for the Council to convene into an Executive Session pursuant to Idaho State Code, 67 -2345 for the purpose of discussing personnel., MOVED by Gable, SECONDED by Ozima that pursuant to Idaho State Code, 67- 2345 that the Council convene into an Executive Session for the purpose of discussing personnel. Roll call vote. Those voting yes: Gable, Callsen, Ozuna, Langan, and Wells. Those voting no: none. Absent and not voting: Earl. MOTION CARRIED The Mayor and Council Members convened into Executive Session in the Mayor's Office at 7:40 p.m. and reconvened into the Regular Meeting at 8:10 p.m. (FINANCIAL REPORT) Councilwoman reported that the Finance Committee has reviewed current accounts payable in the amount of $1,385,560.93 for the period ended February 16, 2000 and a net payroll of $139,032.47 for the pay period ended January 29, 2000 and a net payroll of $129,165.14 for the pay period ended February 12, 2000. MOVED by Ozuna, SECONDED by Gable that accounts payable in the amount of $1,385,560.93 represented by check numbers 67466 through 67797 and payrolls for the amount of $139,032.47 and $129,165.14 represented by check numbers 67175 through 67399 and direct deposit stub numbers 12759 through 12978 be accepted, payment approved, and vouchers filed in the Office of the City Clerk. Roll call vote. Those voting yes: Ozuuia, Langan, Wells, Gable, and Callsen. Those voting no: none. Absent and not voting: Earl. (CITY COUNCIL REPORTS) MOTION CARRIED Councilman Langan reported that the Senior Board met on Monday and because it was a holiday, he was not aware of the meeting. Councilwoman Ozuna stated that there was a lot of concern expressed at the Golf Board regarding a dairy out by Purple Sage. Page 45 Councilman Gable attended the Bounty Program last Saturday at Larry Miller Auto Mall sponsored by the area law enforcement agencies. He felt everyone attending benefited a great deal. Book 41 Page 46 Councilman Wells informed the Mayor and Council that he attended the Historical Commission and they were trying to get new members. (MAYOR'S COMMENTS) The Mayor noted that the workshop that was scheduled for this evening regarding the Comprehensive Plan update was rescheduled for March 6 at 5:30 p.m. in City Hall. On March 20 at 5:30 will be the workshop that was originally scheduled for March 6"' on Streetscape and engineering practices with regard to streets in Caldwell. He commented with regard to the passing of John "Pat" Tegge who was an integral part of the City of Caldwell. Many times he was the only member in the audience attending the Council Meetings. The Mayor asked for a moment of silence in his memory. (ADJOURNMENT) MOVED by Gable, SECONDED by Wells that since there was no further business, the Regular Meeting be adjourned at 8:00 p.m. Roll call vote. Those voting yes: Gable, Callsen, Ozuna, Langan, and Wells. Those voting no: none. Absent and not voting: Earl. MOTION CARRIED APPROVED AS w,i tten THIS 6th DAY OF Marrh , 2000. M ouncilperson n Councilperso Cq uacilper�on Co c erson ouncilperson Councilperson ATTEST: 44�A4 Aja, Mayor City Clerk