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HomeMy WebLinkAbout2008-03-17city council minutesBOOK 49 REGULAR MEETING March 17, 2008 7:00 P.M. PAGE 38 The Meeting was called to order by Mayor Nancolas. The Mayor reported that a workshop was conducted at 6:30 p.m. to discuss the potential Area of Impact for the Cities of Caldwell and Nampa located south of Caldwell near Lake Lowell. The Mayor asked everyone to stand 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, and Sobba. Those absent: none. SPECIAL PRESENTATIONS The Mayor reported that four members of the Mayor's Youth Advisory Council recently attended the National League of Cities Conference held in Washington, D.C. on March 8 -13, 2008. Deke Marmon, Danielle Valentine, Katherine Norman, and Kristen Favillo reported on information gained from the seminar and expressed their appreciation to Council for the opportunity to attend the conference. ADDITIONS OR DELETIONS TO THE AGENDA MOVED by Blacker, SECONDED by Oates to amend the agenda by adding Item #7 to the Consent Calendar to read: "Approve request authorizing the waiver of building permit fees in the amount of $2,094.04 associated with the Caldwell High School welding department expansion." Those voting yes: unanimous. MOTION CARRIED AUDIENCE PARTICIPATION Charles Bratton, 3108 Arlington, expressed his concern regarding reduced speed limit signage and detour signs (due to construction) posted along Ustick Road between Montana Avenue and 10 Avenue. He noted that construction has not been conducted in this area for many months. He stated that the reduced speed limit has become a speed trap for local police officers to patrol. He requested that the signage be removed if construction would be further delayed. In response to questions from the Mayor, Brent Orton noted that due to the severe winter weather, the contractor was not able to complete the application of striping on the roadway. Mr. Orton noted that engineering staff made the determination to allow the reduced speed limit signage to remain in place based on representation from the contractor that as soon as the weather broke, they would complete the striping process. Construction will soon resume with the onset of warmer weather. 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 March 3, 2008; the Caldwell Industrial Airport Commission meeting held on March 6, 2008; the Caldwell Traffic Commission meeting held on March 3, 2008; the Planning & Zoning Commission meetings held on December 11, 2007 and February 12, 2008; and the Hearing Examiner meeting held on December 26, 2007; 2. Approve Order of Decision and Development Agreement for Case No. ZON -54 -07 (Bennett Forest rezone); 3. Approve Order of Decision for Case No. SUB- 186P -07 (White Pine Station preliminary plat); 4. Approve Resolution No. 43 -08 authorizing the execution of a Consulting Services Agreement with CH2MHILL for review of FEMA Analysis of Indian Creek; 5. Approve Resolution No. 42 -08 accepting a Quitclaim Deed from David Tiffany for right -of -way improvements along North Georgia Avenue; 6. Approve the appointment of Melissa Stringfield to the Caldwell Public Library Board of Trustees for a five -year term ending December 31, 2013; 7. Approve request authorizing the waiver of building permit fees in the amount of $2,094.04 associated with the Caldwell High School welding department expansion. [added] MOVED by Blacker, SECONDED by Oates to approve the Consent Calendar as amended. Those voting yes: unanimous. MOTION CARRIED OLD BUSINESS: BOOK 49 PAGE 39 (CONTINUED PUBLIC HEARING [QUASI - JUDICIAL]: CASE NO. ANN - 164 -07 A REQUEST BY THE CITY OF CALDWELL FOR CATEGORY B ANNEXATION OF 26.05 ACRES WITH R -1 (SINGLE - FAMILY RESIDENTIAL) ZONING AND C -2 (COMMUNITY COMMERCIAL) ZONING AND DESIGNATIONS ON THE CALDWELL COMPREHENSIVE PLAN AS LOW DENSITY RESIDENTIAL AND COMMERCIAL. THE SITES ARE LOCATED AS FOLLOWS: 4522 LAKE AVENUE.; 2808 MARBLE FRONT ROAD.; 2816 MARBLE FRONT ROAD.; 1120 W. LOGAN STREET.; 1106 W. LOGAN STREET.; 3904 S. INDIANA AVENUE.; 3912 S. FLORIDA AVENUE.; 104 AMBER STREET.; 1409 E. USTICK ROAD.; 5023 HWY 20 -26; 5205 HWY 20 -26; 715 BORCHERS LANE.; 723 BORCHERS LANE.; 5017 HWY 20 -26; 4114 NELSON LANE.; 712 BORCHERS LANE.; 2703 MARBLE FRONT ROAD.; 2702 MARBLE FRONT ROAD.; AND 2722 MARBLE FRONT ROAD) The Mayor noted that quasi - judicial procedures have been followed concerning the Category B request. He declared the public hearing continued and open. Brian Billingsley, 621 Cleveland Blvd., was sworn in by the City Clerk. He noted that a notice of the continued public hearing had been sent to all affected property owners by certified mail on February 29, 2008. He presented certified mailing receipts, which the Mayor labeled as CC -1000. He reported that a workshop was held with the affected property owners. Brent Orton, 621 Cleveland Blvd, acknowledged being previously sworn in. He noted that approximately six people attended the workshop concerning the request. He noted that members of the Lakey's Cooperative Sewer Association met with City staff separately concerning the issue. He presented a document dated May 1, 1990 written by Randy Dearden, Water Superintendent, regarding water service to properties outside the City Limits and an agreement with Larry Doser dated September 19, 1991 concerning services to his site. The Mayor labeled the documents CC -1001 and CC -1002 respectively. He noted that Engineering Department staff is continuing their search for additional agreements with property owners affected by the Category B request. Mr. Orton stated that the original agreements were filed under the parcel owner's name at the time of the action and since some parcels have changed ownership, it has created a hardship to locate the original documents. Mr. Orton noted that the expense to provide sewer along Hwy. 20 -26 would be greater since Idaho Transportation Department would not allow an open cut procedure across Hwy. 20 -26 but rather only a bore procedure. He reported that the current participants in the Lakey Sewer District are extremely concerned with the expense of installing a new sewer system associated with the annexation. The original Cooperative Sewer Agreement with the Lakey Sewer District has not been located. He clarified that a Category B Annexation does not require connection to city services, but does state that the parcel be contiguous to city limits and under five acres in size. Mark Hilty, 1303 12th Avenue Road, Nampa, acknowledged being sworn in. He recommended that Council proceed with the Category B annexation process and noted that all parcels meet the requirements for a Category B annexation request. Discussion followed concerning the possibility of the City assuming the ownership and operation of the Lakey Sewer District lift station. Doug Strosnider, 7354 Alpine Drive, acknowledged being previously sworn in and expressed his concern regarding the neighborhood meeting that was conducted with City staff. He assumed that alternative options would be presented at the neighborhood meeting by City staff. He stated his willingness to sign an agreement when both sewer and water are available to the site. The Mayor explained that the quasi - judicial process must be followed concerning the annexation request and that Council is the decision - making body. The Mayor asked staff to confirm the location of these services in proximity to the Strosnider site. Brent Orton, 621 Cleveland Boulevard, reported that both sewer and water are available on the opposite side of Hwy. 20/26. Mr. Strosnider concurred that his property is involved with the Lakey's property. He noted that he was informed that water is located west of the site at the commercial subdivision and sewer is located on the opposite side of Hwy. 20/26. Larry Givens, 5205 Hwy. 20/26, acknowledged being sworn in and expressed his appreciation to City staff for their help. He stated his concern regarding fairness to the participants in the Lakey Sewer District since City services are not any closer to them than they were fifteen years ago. He estimated a cost of approximately $40,000 to provide both water and sewer to his site when other annexed participants would only be obligated $5,000 to provide the same services. He suggested that the obligation be made standard for all participants. Cheryl Scott, 2703 Marble Front Road, acknowledged being previously sworn in. She stated that she received an invitation to the "open house" but chose not to attend. She stated her objection to the annexation since there are no health and safety concerns prompting the annexation. She reported that she sent out a letter to other affected property owners informing them of the public hearing and to receive an indication of their response to the annexation request. She stated her findings concerning BOOK 49 PAGE 40 the responses. She presented a letter to the Council containing her testimony, which the Mayor labeled as CC -1003. Councilman Hopper asked Mr. Orton how many of the proposed annexed properties are being served with sewer and water at this time versus just one service. Mr. Orton stated that all properties just have one services to the site - either water or sewer. Councilman Callsen asked if the property owners would have the option to remove the service at this point. Mr. Orton stated it was his understanding that the Department of Environmental Quality (DEQ) would not allow a septic or well permit if City services are available. Council Hopper stated that properties contiguous to the City on all sides should be annexed for the purpose of safety services. Other properties where both City services are available to the site without an extraordinary expense should be considered. The Mayor commented that in cases where there is a signed agreement, it should be honored by both parties. He noted the unusual circumstances with the Lakey property due to the excessive expenses in getting water to the location. He noted that the City's current procedure requires constructing an agreement each time services are provided to a site. He suggested that a listing be provided by staff indicating which properties are completely surrounded by City limits. Mr. Billingsley stated that none of the properties in question are completely surrounded by City limits Mr. Orton requested the opportunity to pursue additional agreements and a listing of properties which have availability to connect to both services. Councilman Callsen stated that currently here are properties within City limits which only have one service to the parcel. Some properties located on Canyon Hill do not have sewer available to the site. The Mayor suggested that future Category B annexation requests should follow a set policy by staff including the method of certified mail notifications and making sure that property owners are invited to visit with staff. Councilman Oates stated that he is generally opposed to this type of action; however, there is value in comments made concerning the annexation of enclave parcels for availability of City safety services. If agreements are in place, then they should be honored. MOVED by Oates, SECONDED by Hopper to continue this hearing to April 21st at 7:00 a.m. to allow staff the opportunity to research properties with accompanying agreements, those properties which have availability to connect to both services, and those properties which are considered enclave sites. Mr. Hilty suggested that Council may consider each property individually for applicability; therefore, the application is not an "all or nothing" determination. He noted that the public hearing testimony portion would remain open. The Mayor requested that Mr. Billingsley research the record for testimony given in the Sally Palleria- Bradshaw construction request. He noted that Ms. Scott did ask very specific questions at that hearing and he would like to know how those questions were answered. If verbal commitments were made, this information would need to enter into the discussion as well. 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 The Mayor declared a short recess. NEW BUSINESS: (CONSIDER BILL 24 [ORDINANCE 27441 TO APPROVE ANNEXATION TO THE MUNICIPAL IRRIGATION DISTRICT FOR CASTLE PEAK SUBDIVISION NO. 2, CHARMAE SPRINGS SUBDIVISION NO. 3, PHEASANT RUN SUBDIVISION NO. 3, PHEASANT RUN SUBDIVISION NO. 4, AND EXHIBITS A, B, C, AND D WITH A REQUEST TO WAIVE THE RULES, PASS ON THE FIRST READING, AND APPROVE THE SUMMARY FOR PUBLICATION) The Mayor read Bill No. 24 (Ordinance No. 2744) by title only: AN ORDINANCE OF THE CITY OF CALDWELL, IDAHO, ANNEXING A PORTION OF PROPERTY WITHIN THE CORPORATE CITY LIMITS INTO THE CALDWELL MUNICIPAL IRRIGATION DISTRICT OF THE CITY OF CALDWELL, CANYON COUNTY, IDAHO, AND CHANGING THE BOUNDARIES THEREOF; DIRECTING THE CITY ENGINEER TO ALTER THE BOUNDARY MAP ACCORDINGLY; DECLARING THE INTENT OF THE CITY TO POOL BOOK 49 PAGE 41 WATER RIGHTS AND APPLY A UNIFORM METHOD OF ALLOCATING ASSESSMENTS AND CHARGES; AND PROVIDING AN EFFECTIVE DATE. MOVED by Dakan, SECONDED by Blacker to waive the three reading process and consider Bill No. 24 on its first reading by title only. Roll call vote. Those voting yes: Dakan, Sobba, Blacker, Oates, Hopper, and Callsen. Those voting no: none. Absent and /or not voting: none. MOTION CARRIED MOVED by Callsen, SECONDED by Blacker to sponsor Bill No. 24, move for its passage, and approve the summary for publication. Roll call vote. Those voting yes: Callsen, Dakan, Sobba, Blacker, Oates, and Hopper. Those voting no: none. Absent and /or not voting: none. MOTION CARRIED (CONSIDER BILL 25 [ORDINANCE 27451 TO CLARIFY THE CITY OF CALDWELL'S APPLICATION OF A PORTION OF THE 2006 INTERNATIONAL BUILDING CODE WITH RESPECT TO REQUIREMENTS FOR CONSTRUCTION FOR R -4 RESIDENTIAL OCCUPANCIES WITH A REQUEST TO WAIVE THE RULES AND PASS ON THE FIRST READING) The Mayor read Bill No. 25 (Ordinance No. 2745) by title only: AN ORDINANCE CLARIFYING THE CITY OF CALDWELL'S APPLICATION OF A PORTION OF THE 2006 INTERNATIONAL BUILDING CODE WITH RESPECT TO REQUIREMENTS FOR CONSTRUCTION FOR R -4 RESIDENTIAL OCCUPANCIES; PROVIDING FOR AN EFFECTIVE DATE; AND REPEALING ALL ORDINANCES, RULES AND REGULATIONS, AND PARTS THEREOF, IN CONFLICT HEREWITH. MOVED by Blacker, SECONDED by Callsen to waive the three reading process and consider Bill No 25 on its first reading by title only. 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 MOVED by Blacker, SECONDED by Callsen to sponsor Bill No. 25 and move for its passage. 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 (PUBLIC HEARING [QUASI - JUDICIAL]: CASE NO. ANN - 170 -08 [THOMAS ANNEXATION] A REQUEST BY GEORGE THOMAS FOR ANNEXATION OF 0.86 ACRES WITH C -2 [COMMUNITY COMMERCIAL] ZONING, A COMPREHENSIVE PLAN MAP AMENDMENT FROM MEDIUM DENSITY RESIDENTIAL TO COMMERCIAL, AND A DEVELOPMENT AGREEMENT. THE SITE IS LOCATED AT 4024 S. FLORIDA AVENUE) The Mayor declared the public hearing open and explained the quasi - judicial hearing process and asked that the City Clerk swear in those who would be speaking at any of the public hearings tonight. Brian Billingsley, 621 Cleveland Blvd., acknowledged being sworn in and presented the staff report as written. This property was originally included within the Category B annexation request; however, the property owner opted to submit a separate application to ensure that the request was heard in a timely manner as a voluntary annexation request. He presented an aerial map of the site, which the Mayor labeled as CC -1000. Clay Brown, applicant's representative, 5175 South 10"' Avenue, acknowledged being sworn in and spoke in favor of the application. MOVED by Hopper, SECONDED by Blacker to close the public testimony portion of the hearing. Those voting yes: unanimous. MOTION CARRIED EVIDENCE LIST FOR CASE NO. ANN- 170 -08: The Mayor presented the Evidence List: staff report, sign up sheets, CC -1000 (aerial map presented by Brian Billingsley). MOVED by Blacker, SECONDED by Oates to accept the Evidence List as presented. Those voting yes: unanimous. BOOK 49 PAGE 42 COMPREHENSIVE PLAN ANALYSIS FOR CASE NO. ANN- 170 -08 MOTION CARRIED MOVED by Blacker, SECONDED by Oates to accept the Comprehensive Plan Analysis as presented in the staff report under roman number V. 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 FINDINGS OF FACT ON CASE NO. ANN- 170 -08: MOVED by Blacker, SECONDED by Hopper 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 there was no testimony in opposition to the request. 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 CONCLUSIONS OF LAW ON CASE NO. ANN - 170 -08: MOVED by Blacker, SECONDED by Hopper 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: Blacker, Oates, Hopper, Callsen, Dakan, and Sobba. Those voting no: none. Absent and /or not voting: none. MOTION CARRIED ORDER OF DECISION ON CASE NO. ANN- 170 -08: MOVED by Blacker, SECONDED by Oates based on the Findings of Fact and Conclusions of Law, the Caldwell City Council hereby orders that Case No. ANN- 170 -08, a request by George Thomas for annexation of 0.86 acres with C -2 (Community Commercial) zoning, a comprehensive plan map amendment from Medium Density Residential to Commercial, and a development agreement is approved with the conditions as outlined the staff report. Roll call vote. Those voting yes: Blacker Oates, Hopper, Callsen, Dakan, and Sobba. Those voting no: none. Absent and /or not voting: none. MOVED by Blacker, SECONDED by Hopper to close the public hearing. Those voting yes: unanimous. MOTION CARRIED MOTION CARRIED (PUBLIC HEARING [QUASI - JUDICIAL]: CASE NO. SUB- 57E -00 [VIRGINIA PARK TIME EXTENSION] A REQUEST BY DYVER DEVELOPMENT LLC AND BAILEY ENGINEERING FOR A ONE -YEAR TIME EXTENSION ON VIRGINIA PARK SUBDIVISION. THE SITE IS LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF KCID ROAD AND HIGHWAY 20 -26) Brian Billingsley, 621 Cleveland Blvd., acknowledged being sworn in and presented the staff report as written. He noted that the application was approved by Council in 2001. The first five phases of the subdivision have been developed with 312 lots still available for development. The staff report includes a condition that the subdivision must be completed by 2012 with no further extensions being submitted. He presented a map indicating the portion of the subdivision that been developed, which the Mayor labeled as CC -1000. Kevin Amar, 2364 South Titanium Place, Meridian, acknowledged being sworn in and spoke in favor of the application. He reported that the original application included 650 lots with over 15 phases. Currently the sixth phase is under construction with approximately 56 lots being developed per phase. They are ahead of schedule from the initial plan. He asked that the time extension be granted for completion by 2016. In response to questions from Councilman Callsen, Mr. Billingsley noted that staff has no objection to adherence of the originally approved time table of 2016. MOVED by Blacker, SECONDED by Hopper to close the public testimony portion of the hearing. Those voting yes: unanimous. EVIDENCE LIST FOR CASE NO. SUB - 57E -00: MOTION CARRIED The Mayor presented the Evidence List: staff report, sign up sheets, and CC -1000 (Virginia Park Subdivision map presented by Brian Billingsley). BOOK 49 PAGE 43 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 1010,1111►[MIU) 0Ifffll1URMOAX.. 1 10 IS&/ NMI 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 there was no testimony in opposition to the request. 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- 57E -00: 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 - 57E -00: MOVED by Hopper, SECONDED by Blacker based on the Findings of Fact and Conclusions of Law, the Caldwell City Council hereby orders that Case No. SUB - 57E -00, a request by Dyver Development, LLC and Bailey Engineering for a one -year time extension of Virginia Park Subdivision is approved with conditions as outlined in the staff report with the amendment that the final plat schedule would be extended, reflecting the original preliminary plat approval, to 2016. 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 Blacker to close the public hearing. Those voting yes: unanimous. MOTION CARRIED (PUBLIC HEARING [LEGISLATIVE]: CASE NO. OA -94 -08 A REQUEST BY CALDWELL'S PLANNING AND ZONING DIRECTOR FOR AN ORDINANCE AMENDMENT REGARDING THE ADOPTION OF AN AMENDED ZONING MAP) Brian Billingsley, 621 Cleveland Blvd., acknowledged being sworn in and presented the staff report as written. He noted that the map includes the new College District classification. MOVED by Hopper, SECONDED by Blacker to close the public hearing Those voting yes: unanimous. MOTION CARRIED (CONSIDER BILL NO. 1 [ORDINANCE 27211 FOR CASE NO. OA -94 -08 [ZONING MAP AMENDMENT] WITH A REQUEST TO WAIVE THE RULES, PASS ON THE FIRST READING, AND APPROVE THE SUMMARY FOR PUBLICATION) The Mayor read Bill No. 1 (Ordinance No. 272 1) by title only: AN ORDINANCE ADOPTING AN AMENDED ZONING MAP THAT SUPERSEDES AND REPLACES THE OFFICIAL ZONING MAP AS ADOPTED BY THE CITY OF CALDWELL ON JUNE 18, 2007. MOVED by Hopper, SECONDED by Blacker to waive the three reading process and consider Bill No. 1 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 Blacker to sponsor Bill No. 1, 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 PAGE 44 (FINANCE AND HUMAN RESOURCE REPORTS) Councilman Callsen reported that the Finance Committee has reviewed current accounts payable in the amount of $1,169,464.42 for the pay period ending March 13, 2008 and a net payroll in the amount of $256,484.32 for the pay period ending March 1, 2008. MOVED by Callsen, SECONDED by Blacker that accounts payable in the amount of $1,169,464.42 represented by check numbers 50806 through 51077 and the total payroll in the amount of $256,484.32 represented by check numbers 14932 through 14996 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 Dakan complimented the organizers of the recent Local Legends concerts. He acknowledged Mr. Oates for assisting the sound system at the Local Legends concert. Councilman Blacker reported on the progress of the Caldwell Economic Development Council and their assistance with the proposed big box development at Sky Ranch Business Park. (MAYOR'S COMMENTS) The Mayor reported concerning his recent meeting with FEMA personnel conducted in Washington, D.C. concerning the FEMA map issues. He noted that Caldwell and Nampa city staff, representatives of CMH2HIL, Department of Water Resources, Bureau of Reclamation, city attorneys, and Boise Project personnel also met with FEMA staff from the Seattle Office on March 14, 2008 at the Caldwell Police Department Community Room. CMH2HILL will report their findings concerning mapping issues to FEMA within the next few weeks. He reported that a new energy grant was introduced at the recent National League of Cities (NLC) Conference. The grant award will be available by 2009 or 2010. The grant would assistant cities to move forward concerning energy efficient issues. He has set up a meeting with Sue Seifert and Ken Baker from the Department of Water Resources to begin compiling an energy plan for the City of Caldwell in preparation for this grant. He noted that other issues discussed at the NLC Conference include the recommendation for full funding of the Community Development Block Grant program, the Justice Assistance Grant program, and appropriate management of the transportation trust fund. Also, it was expressed that local government has become instrumental in carrying the financial burden for various urban programs. Local leadership expressed their desire for Federal assistance to maintain these programs. Brian Billingsley reported that the City of Caldwell was selected to present information concerning our Indian Creek Project at the upcoming American Planner's Association Convention to be held in Las Vegas, Nevada on April 30"'. Approximately 5,500 planners attend this conference. The Mayor reported that Jordan Ozuna from the Mayor's Youth Advisory Council was selected as a member on the National League Cities Youth Education and Families Council representing the State of Idaho. She is the first youth representative from the State of Idaho to be selected. Ms. Ozuna is a junior and has served on the council for three years. The State of the County address has been rescheduled to April 26. (EXECUTIVE SESSION PURSUANT TO IDAHO CODE, SECTION 67 -2345, SUBSECTION (F) FOR THE PURPOSE OF DISCUSSING PENDING LITIGATION) MOVED by Oates, SECONDED by Blacker to convene into an Executive Session at 9:25 p.m. pursuant to Idaho State Code 67 -2345, subsection 1(f) for the purpose of discussing pending litigation. 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 Callsen to reconvene into the Regular Council Meeting. 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 Hopper, SECONDED by Oates to adjourn at 9:59 p.m. BOOK 49 Those voting yes: unanimous. PAGE 45 MOTION CARRIED APPROVED AS written THIS 7 DAY OF APRIL 2008. Mayor Councilperson Councilperson Councilperson Councilperson Councilperson Councilperson ATTEST: City Clerk