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HomeMy WebLinkAbout2000-11-06city council minutesBook 41 REGULAR MEETING NOVEMBER 6, 2000 7:00 P.M. The Meeting was called to order by Mayor Nancolas. Page 270 The Invocation was offered by Pastor Jeff Smith, Caldwell Ustick Road Church of the Nazarene after which 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: Callsen, Earl, Ozuna, Langan, and Wells. Absent: Gable. The Mayor welcomed those in the audience to the Meeting. ADDITIONS OR DELETIONS TO THE AGENDA. It was MOVED by Earl, SECONDED by Langan to remove Item No. 2 under New Business from the Agenda. Roll call vote. Those voting yes: Earl, Ozuna, Langan, Wells, and Callsen. Those voting no: none. Absent and not voting: Gable. MOTION CARRIED MOVED by Langan, SECONDED by Callsen to accept the Agenda as amended. Roll call vote. Those voting yes: Langan, Wells, Callsen, Earl, and Ozuna. Those voting no: none. Absent and not voting: Gable. MOTION CARRIED 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 on the prepared Agenda. Since there was no one, he declared that the meeting would continue as outlined. CONSENT CALENDAR: The Mayor presented the following items for Council to consider on the Consent Calendar: 1. Dispense with the reading of the minutes of the Special City Council Meeting of November 1, 2000 and the Regular City Council Meeting of October 16, 2000, and approve as written; 2. Approve acceptance of the following minutes from various boards and commissions: The Senior Citizen's Board Meeting minutes of September 18, 2000; the Caldwell Public Hearing before the Hearing Examiner minutes of October 10, 2000; and the Caldwell Golf Board Meeting minutes of September 20, 2000; 3. Approve the following Resolution to authorize execution of a Professional Services Agreement with Toothman -Orton Engineering Company: BE IT HEREBY RESOLVED by the Mayor and Council of the City of Caldwell, Idaho, that the Mayor of said City is hereby authorized to execute that certain agreement entitled Toothman -Orton Engineering Company; Agreement for Professional Services; by and between the City of Caldwell, Idaho and Toothman Orton Engineering Company; and which agreement is for the providing of services to prepare a pre - application for an FAA grant; and which agreement is attached hereto and made a part hereof as if set forth in full. Book 41 Page 271 4. Approve acceptance of a sewer easement provided by the City to the City for the new Police Station property; 5. Approve acceptance of a bid submitted by Utility Truck Equipment Sales for the purchase of a sander for the Street Department; 6. Approve Resolution for the dedication of utilities for West Valley No. 7. The title of the Resolution as follows: A RESOLUTION BY THE CITY OF CALDWELL, IDAI-10 ACCEPTING DEDICATION OF UTILITIES WITHIN WEST VALLEY ESTATES SUBDIVISION NO. 7 TO TIZE CITY OF CALDWELL BY WEST VALLEY DEVELOPMENT, LLC IN ACCORDANCE WITH PROCEDURES ESTABLISHED IN CITY RESOLUTION NO. 4-94. 7. Approve acceptance of a right of way deed on Lake Avenue from Hertz Car Sales; S. Approve following Resolution to cancel an Airport Lease Agreement with Max Barker: RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AIRPORT TENANT CANCELLATION AGREEMENT BETWEEN THE CITY OF CALDWELL AND MAX BARKER. And approve the following Resolution authorizing a new Airport Lease Agreement with Fred and Ellen Batt: RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AIRPORT TENANT AGREEMENT BETWEEN TIIE CITY OF CALDWELL AND FRED AND ELLEN B. BATT. 9. Approve recommendation from the Airport Commission to remove the old Skydive Building at the Caldwell Industrial Airport; 10. Approve following Resolution to authorize the Mayor to sign documents for 514 South 6 Avenue ("HUD Dollar Home "): BE IT HEREBY RESOLVED by the Mayor and Council of the City of Caldwell, Idaho, that the Mayor is hereby authorized to execute those certain closing documents between the City of Caldwell and The Department of Housing and Urban Development with regard to Escrow Documents for 514 South 6` Avenue known as the Housing and Urban Development Dollar Home project which are attached hereto and made a part hereof as if set forth in full. 11. Approve acceptance of easements from Ralph Smeed and Caldwell Unlimited for relocation of drain associated with Carryon Industrial Park Grant Project; 12. Approve acceptance of the Engineering Department's recommendation to award the bid for the Airpark Street Construction Project to Central Paving, the apparent low bidder. MOVED by Earl, SECONDED by Ozuna to approve the Consent Calendar as presented by the Mayor. Roll call vote. Those voting yes: Earl, Ozuna, Langan, Wells, and. Callsen. Those voting no: none. Absent and not voting: Gable. MOTION CARRIED OLD BUSINESS (APPROVAL OF THE MAYOR'S COMMISSION ON CORE AREA DESIGN) The first item under Old Business was the approval of the Mayor's Comrission on Core Area Design. This was removed from a previous Agenda for clarification as to the purpose of this Commission. The Mayor informed Council that a group Book 41 Page 272 of volunteers have come forward and have offered to be involved in the core area design process. They were local business people. Voluntarism was one of those unique and wonderful assets that this community has so anytime a person comes forward with enthusiasm and energy to try to create positive change he believed it was beneficial to all of us to take advantage of that volunteerism. This Commission was designed strictly as a recommending body and has no official authority or capacity other than to help with this process and make recommendations to the Council. Obviously any decisions would be made by the Council. The volunteers were as follows: Mayor Nancolas, Tom Ensley, Bob Carpenter, Nick Piccolo, Dennis Callsen, John Montgomery and Patti Rector. It was MOVED by Earl, SECONDED by Callsen to approve the appointments to the Core Area Design Commission as requested. Roll call vote. Those voting yes: Earl, Ozuna, Langan, Wells, and Callsen Absent: Gable. Those voting no: none. MOTION CARRIED (CONTINUATION OF THE PUBLIC HEARING ON APPLICATION OF CRESTLINE & HEARTLAND DEVELOPMENT FOR REZONE OF APPROXIMATELY 10 ACRES FROM R -1 TO C -2 AND APPROXIMATELY 1.5 ACRES FROM C -2 TO R -1; AND PRELIMINARY PLAT APPROVAL OF DELAWARE PARK SUBDIVISION AT THE COLONIES. CASE NOS. ZON -II- 00 AND SUB- 55P -00) Mayor Nancolas stated that the next item on the Agenda was a continuation of the Public Hearing on an application from Crestline and Heartland Development for rezone of approximately 10 acres from R -1 to C -2 and approximately 1.5 acres from C-2 to R -1; and preliminary plat approval of Delaware Park Subdivision at the Colonies. This Hearing was opened at the last Council Meeting. For the record, Councilwoman Earl has declared a conflict of interest and will not participate in this continuation of Public Hearing. In addition, since he was absent at the last meeting, he would conduct the meeting under the procedures for this kind of hearing; however, he would declare himself as also ineligible to vote on this issue if it would come to that point. The Public Hearing was then reopened and continued. The City Attorney, Mark Hilty, made his presentation as requested by the Council starting by clarifying where they were when this matter was continued at the last meeting. The issue surrounds the increased construction standards that were proposed on Delaware Subdivision plat. Those were objected to by the applicant and there was argument presented at the last Council Meeting that the City was without authority to impose restrictions of that kind. At that time, he had not looked at it very carefully and the argument came as a surprise to him. It was on his recommendation that this was continued to give him a chance to take a closer look at the issues raised. Mr. Hilty continued stating that he did review the issues raised. The results were that Susan Wildwood's comments were well founded. The City was not in a good position at this time to impose the sorts of restrictions that were recommended to the Council and that was not to say that those recommendations were not valid or good and needed to be looked at in the future. The position was that the City needed to get some sort of an overlay zone in the vicinity of the Airport to deal with the kinds of noise abatement problems we can expect particularly with Residential development in the areas. He was primarily interested in the discussion held previously dealing with the Subdivision Review Committee which included the City PIanner, the City Engineer, Chairman of the Planning and Zoning Commission as well as the Superintendents of the Water and Sewer Departments. It was his reading of the Ordinance of the City that this Committee was set up to specifically deal with instances like this where we have a piece of property that was unusual from a planning perspective based upon several things. Specifically, that would be flood plain and etc. and also talks about the proximity Book 41 Page 273 of the land to other uses like the Airport. If the recommendations that Staff had made had been the product of a meeting of that Committee and a review under the Ordinance, he believed they would be entirely appropriate and this body would certainly have the authority to impose those on the developer. However, that Committee did not meet and apparently has not met for some time. He would recommend that the Committee reconvene. It gives the City Staff some leeway in making specific recommendations that fits specific developments. At this point tonight, he was not comfortable that the City has the authority to impose these restrictions. It would be his recommendation that: (1) The City consider very strongly approving Delaware Park Subdivision without those specific restrictions; and (2) That we put on the fast track our plan to develop some sort of overlay zone for the Airport. The Council presented several questions to the City Attorney. Susan Wildwood, on behalf of the applicant was recognized and noted that she was still under oath. She indicated that she appreciated the recommendation from the City Attorney. She did believe the City has to amend the Ordinance that was referred to in the discussion. This Ordinance was very specific about construction standards and it did need to be amended in conjunction with the County. MOVED by Langan, SECONDED by Callsen to close the public testimony portion of this hearing. Roll call vote. Those voting yes: Langan, Wells, Callsen, and Ozuna. Abstain: Earl. Absent and not voting: Gable. Those voting no: none. MOTION CARRIED EVIDENCE LIST FOR CASE NO. ZON- 11 -00: Mayor Nancolas presented the Evidence List which included: CC -1000 - Document from Susan Wildwood, Attorney at Law, dated Nov. 2, 2000 addressing the issues before us at this time including Exhibit A and B; Staff Report; the Preliminary Plat; Sign up Sheets; American Planning Association documents regarding airport regulations; a zoning map; Airport Master Plan. MOVED by Langan, SECONDED by Callsen to accept the Evidence List as presented by the Mayor. Roll call vote. Those voting yes: Langan, Wells, Callsen, Ozuna. Abstain: Earl. Absent and not voting: Gable. Those voting no: none. MOTION CARRIED COMPREHENSIVE PLAN ANALYSIS FOR CASE NO. ZON- 11 -00: MOVED by Ozuna, SECONDED by Wells to accept the Comprehensive Plan Analysis as outlined in the Staff Report. Roll call vote. Those voting yes: Ozuna, Langan, Wells, and Callsen. Abstain.: Earl. Absent and not voting: Gable. Those voting no: none. MOTION CARRIED FINDINGS OF FACT FOR CASE NO. ZON- 11 -00: MOVED by Langan, SECONDED by Wells to accept the general facts outlined in the Staff Report; any facts during the continued portion of the Public Hearing this evening as stated by Ms. Wildwood and Mr. Hilty; and the testimony during the original Public Hearing. Roll call vote. Those voting yes: Langan, Wells, Callsen, and Ozuna. Abstain: Earl. Absent and not voting: Gable. Those voting no: none. MOTION CARRIED CONCLUSIONS OF LAW FOR CASE NO. ZON- 11 -00: Book 41 Page 274 MOVED by Langan, SECONDED by Callsen that the Caldwell City Council has the authority to hear this request and to approve or deny; the hearing was legally noticed and posted and was held under the requirements of Idaho Code and City Ordinances. Roll call vote. Those voting yes: Langan, Wells, Callsen, and Ozuna. Abstain: Earl. Absent and not voting: Gable. Those voting no: none. MOTION CARRIED ORDER OF DECISION FOR ZON -I 1 -00: MOVED by Langan, SECONDED by Ozuna that based on the Findings of Fact and Conclusions of Law, the Caldwell City Council hereby orders that Case No. ZON- 11 -00, a request by Crestline Development, LC and Heartland Development LLC to rezone approximately 10.361 acres as C -2 (Community Commercial) zone and to rezone approximately 1.559 acres as an R -1 (Single Family Residential) zone be approved. Roll call vote. Those voting yes: Langan, Wells, Callsen, and Ozuna. Abstain: Earl. Absent and not voting: Gable. Those voting no: none. MOTION CARRIED The Mayor then requested consideration of the second part of this hearing process, Case No. SUB- 55P -00. EVIDENCE LIST FOR CASE NO. SUB - 55P -00: MOVED by Wells, SECONDED by Langan to accept the same Evidence List as was presented for Case No. ZON- 11 -00. Roll call vote. Those voting yes: Wells, Callsen, Ozuna, and Langan. Abstain: Earl. Absent and not voting: Gable. Those voting no: none. MOTION CARRIED COMPREHENSIVE PLAN ANALYSIS FOR CASE NO. SUS - 55P -00: MOVED by Wells SECONDED by Langan to accept the Comprehensive Plan Analysis for SUB- 55P -00 as stated in the Staff Report with the exception of the removal of Item No. 9.7 Transportation, Objective E. Roll call vote. Those voting yes: Wells, Callsen, Ozuna, and Langan. Abstain: Earl. Absent and not voting: Gable. Those voting no: none. MOTION CARRIED FINDINGS OF FACT FOR CASE NO. SUB - 55P -00: MOVED by Langan, SECONDED by Wells to accept the general facts outlined in the Staff Report and any facts brought forward in the Public Hearing be included specifically those facts stated by Mr. Hilty and Ms. Wildwood and the discussion from the previous hearing and also the items within the Evidence List and the existence of the combined County and City Ordinance pertaining to the Airport that has been discovered and brought forward. Roll call vote. Those voting yes: Langan, Wells, Callsen, and Ozuna. Abstain: Earl. Absent and not voting: Gable. Those voting no: none. MOTION CARRIED CONCLUSIONS OF LAW FOR CASE NO. SUB - 55P -00: MOVED by Langan, SECONDED by Ozuna that the Caldwell City Council has the authority to hear this request and to approve or deny; the hearing was legally noticed and posted and was held under the requirements of Idaho Code and City Ordinances. Book 41 Page 275 Roll call vote. Those voting yes: Langan, Wells, Callsen, and Ozuna. Abstain: Earl. Absent and not voting: Gable. Those voting no: none. MOTION CARRIED ORDER OF DECISION FOR CASE NO. SUB- 55P -00: MOVED by Langan, SECONDED by Callsen that based on the Findings of Fact and Conclusions of Law, the Caldwell City Council hereby orders that Case No. SUB - 55P -00, a request by Crestline Development, LC and Heartland Development LLC for preliminary subdivision plat approval of Delaware Park at the Colonies which consists of 575 residential and 7 common area lots located on approximately 144 acres zoned R -1 (Single Family Residential) was approved with the exclusion of Items 22 and 23 from the Engineer's review and report and to delete Franklin Road in Item No. 20. Roll call vote. Those voting yes: Langan, Wells, Callsen, and Ozuna. Abstain: Earl. Those voting no: none. Absent and not voting: Gable. MOTION CARRIED MOVED by Ozuna, SECONDED by Langan to close the Public Hearing. Roll call vote. Those voting yes: Ozuna, Langan, Wells, and Callsen. Abstain: Earl. Absent and not voting: Gable. Those voting no: none. MOTION CARRIED (CONSIDER BILL NO. 43 PERTAINING TO THE ABOVE REZONE WITH REQUEST TO WAIVE THE RULES AND PASS AFTER THE FIRST READING AND TO APPROVE THE SUMMARY FOR PUBLICATION) Mayor Nancolas read Bill No. 43 by title only as follows: AN ORDINANCE TO PROVIDE A C -2 (COMMUNITY COMMERCIAL) ZONE DESIGNATION AND AN R -1 (SINGLE - FAMILY RESIDENTIAL) ZONE DESIGNATION FOR CERTAIN LANDS; DETERMINING TIIAT SAID ZONING IS IN THE BEST INTEREST OF THE CITY OF CALDWELL, IDAHO; INSTRUCTING THE COMMUNITY DEVELOPMENT DIRECTOR AND CITY ENGINEER TO DESIGNATE SAID PROPERTY AS A C -2 ZONE AND R -1 ZONE RESPECTIVELY 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 Wells 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, Langan, Wells, and Callsen. Abstain: Earl. Those voting no: none. Absent and not voting: Gable. MOTION CARRIED MOVED by Ozuna, SECONDED by Callsen that Bill No. 43 be passed and entitled Ordinance No. 2357 after the one reading by title only. Roll call vote. Those voting yes: Ozuna, Langan., Wells, and Callsen. 'Abstain: Earl. Absent and not voting: Gable. Those voting no: none. MOTION CARRIED MOVED by Ozuna, SECONDED by Callsen to approved the Summary for publication. Roll call vote. Those voting yes: Ozuna, Langan, Wells, and Callsen. Abstain: Earl. Those voting no: none. Absent and not voting: Gable. MOTION CARRIED NEW BUSINESS Book 41 Page 276 (PUBLIC HEARING ON THE CITY OF CALDWELL'S PROPOSAL TO THE IDAHO DEPARTMENT OF COMMERCE FOR AN IDAHO COMMUNITY DEVELOPMENT GRANT TO CONSTRUCT SEWER IMPROVEMENTS AT FARMWAY VILLAGE) Mayor Nancolas stated that this Public Hearing was for the purpose of allowing citizens of Caldwell to have input on the development of an ICDBG application. — There was sign up sheets for those caring to testify. The Mayor then opened the Public Hearing. The Mayor explained that the Community Development Block Grant Program was enacted by the Community Development Act of 1974 which authorized H.U.D. to operate the program. Cities and Counties were the eligible applicants to this program and to qualify, eligible activities must serve to principally benefit (51 %) low /moderate income persons; or aid in the prevention or elimination of slum and blight; or meet community development needs having a particular urgency which pose a serious and immediate threat to health. The estimated ICDBG state allocation for Public Facilities and Housing Grants (Water /Sewer Project for FY 200) is $3,986,000. Members of Ida -Ore will be making presentations this evening and the Caldwell Housing Authority. Don Downen, 422 East Spruce, Chairman of the Housing Authority for Caldwell was recognized and stated that they were here tonight to ask the City Council to sponsor them in a grant application to the Department of Commerce. This was to repair and replace sewer and a lift station that were approximately fifty years old and also to do some renovation to the sewer lagoon system to bring it up to DEQ regulations. Leslie Tombs of Ida -Ore, 10624 West Executive Drive in Boise, informed Council that she had a copy of the draft application and was available for any of them to review this evening. In addition, there was also a copy of the application handbook for this project. Mayor Nancolas asked Ms. Tombs if there was other copies for members of the Council. Since there was not, the Mayor stated that he would pass his copy around the Council table for their review. He informed Council that this grant application was brought forward under a very close time constraint. The Caldwell Housing Authority was not an eligible grantee and the City was asked to simply sponsor the application so the Caldwell Housing Authority can present the grant to the Community Development Block Grant people. Mike Holladay from the Holladay Engineering Company, 32 North Main in Payette, explained the sewer needs and what they intended to do to correct them. He also advised Council that the 17 of November was the filing date. The Mayor and Council discussed this matter at some length with all agreeing that they would like some time to review copies of the application. They had assumed there would some material for them to read before the meeting tonight. Mayor Nancolas also noted that the City Attorney has not had a chance to see the documents. It was agreed that a Special Meeting could be scheduled before the grant application date and that Council and the Mayor would like information to review before that time. Since there was already a workshop scheduled for November 13` at 6:00 p.m. in City Hall, they would schedule a Special Meeting at 6:00 p.m. the 13 before the workshop was convened. MOVED by Earl, SECONDED by Langan to continue the Public Hearing until 6:00 p.m. on Monday, November 13, 2000 at City Hall. Roll call vote. Those voting yes: Earl, Ozuna, Langan, Wells, and Callsen. Those voting no: none. Absent and not voting: Gable. MOTION CARRIED Book 41 Page 277 (PROTEST HEARING ON A PROPOSED LOCAL IMPROVEMENT DISTRICT TO CONSTRUCT STREET AND DRAINAGE IMPROVEMENT IN PORTIONS OF FOURTH, SIXTH, SEVENTH, AND IDAHO AVENUES TO CONSTRUCT A SANITARY SEWER LINE ON A PORTION OF IDAHO AVENUE) Mayor Nancolas opened the Public Hearing and asked the City Engineer to present the background information on this matter. Mr. Law stated that on October 16, 2000 the City Council considered and passed a Resolution declaring the City's intent to form a Local Improvement District for the purpose of constructing street paving and drainage improvements in portions of Fourth, Sixth, Seventh, and Idaho Avenues and to construct a sanitary sewer line in the portion of Idaho Avenue (from Ustick to Palrang). This protest hearing was properly noticed pursuant to State Law. h1 setting up the Assessment Roll, the Engineering Department prepared an ]Engineer's estimate of cost. The cost of the base material, paving, drainage, and sewer improvements was assessed based on a front foot method of assessment with the exception of sewer services which was based on a benefits derived method of assessment, An L.I.D. may be formed by petition or Council action. This L.T.D. has been initiated as a result of petitions received by the Engineering Department from property owners fronting on or deriving benefit from the above stated streets. The percentage of the petitioners exceeded 60% for each street included in this L.I.D. After receipt of testimony, Council may then consider the ordinance prepared to form the L.I.D. He further stated that he would request that Council consider waiving the rules and passing on the first reading. Mayor Nancolas recognized Dorothy Gerber, 4221 Oregon Avenue, who was the only person asking to testify at this time under questions and discussion. Mrs. Gerber expressed concern with the Idaho Avenue portion of this L.I.D. as they had property that backs on that street. It was not to their interest to have the road behind them paved and to have sewer lines down there. She felt that their cost was excessive particularly when they didn't get any particular benefit at this time. She also noted that they basically have a farm there and not interested in housing. The City Engineer explained how the assessments were prepared and the formation of a Local Improvement District as well as why it was necessary to include all of the properties at this time. MOVED by Earl, SECONDED by Callsen to close the Protest Hearing. Roll call vote. Those voting yes: Earl, Ozuna, Langan, Wells, and Callsen. Those voting no: none. Absent and not voting: Gable. MOTION CARRIED The Mayor officially closed the Public Hearing and continued to the Ordinance to form this L.I.D. (CONSIDERATION OF SILL NO. 46 TO FORM LOCAL IMPROVEMENT DISTRICT 00 -3 PERTAINING TO STREET IMPROVEMENTS) Mayor Nancolas read Bill No. 46 by title only as follows: AN ORDINANCE CREATING LOCAL IMPROVEMENT DISTRICT NO. 00 -3 OF THE CITY OF CALDWELL, IDAHO; DESCRIBING THE IMPROVEMENTS TO BE MADE HEREIN, DESCRIBING AND SETTING FORTH THE BOUNDARIES OF SAID DISTRICT; PROVIDING FOR THE IMPROVEMENTS TO BE MADE THEREIN; APPOINTING AN ENGINEER; AUTHORIZING TIIE ADVERTISING FOR BIDS FOR SAID WORK; PROVIDING FOR THE ASSESSMENT OF COSTS AND EXPENSES OF SAID IMPROVEMENTS AGAINST THE PROPERTY WITHIN THE DISTRICT BENEFITED THEREBY AND THE METHOD OF Book 41 Page 278 ASSESSMENTS; PROVIDING FOR THE ISSUANCE OF LOCAL IMPROVEMENT DISTRICT BONDS AND WARRANTS; PROVIDING SEVERABILITY; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE OF THIS ORDINANCE. MOVED by Earl, SECONDED by Ozuna 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: Earl, Ozuna, Langan, Wells, and Callsen. Those voting no: none. Absent and not voting: Gable. MOTION CARRIED MOVED by Earl, SECONDED by Ozuna that Bill No. 46 be passed and entitled Ordinance No. 2360 after the one reading by title only. Roll call vote. Those voting yes: Earl, Ozuna, Langan, Wells, and Callsen. Absent and not voting: Gable. Those voting no: none. MOTION CARRIED (PURSUANT TO IDAHO STATE CODE, 67 -2345, A REQUEST FOR AN EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING PENDING LITIGATION) MOVED by Earl, SECONDED by Callsen that pursuant to Idaho State Code, 67- 2345, the City Council convene into an Executive Session for the purpose of discussing pending litigation. Roll call vote. Those voting yes: Earl, Ozuna, Langan, Wells, and Callsen. Those voting no: none. Absent and not voting: Gable. MOTION CARRIED The City Council convened into an Executive Session. After the discussion regarding pending litigation, it was MOVED by Langan, SECONDED by Callsen that the City Council reconvene into the Regular Council Meeting. Roll call vote. Those voting yes: Langan, Wells, Callsen, Earl, and Ozuna. Those voting no: none. Absent and not voting: Gable. MOTION CARRIED (REPAIRS OF AVIATION WAY SEWER LINE AND ALLOCATION FOR USE OF FUNDS FROM SEWER CONTINGENCY ACCOUNT) The Mayor informed Council that the next item on the Agenda was considering repairs of Aviation Way sewer line and the use of funds from the Sewer Contingency Account. The appropriate action would be a motion from the City Council to authorize the Engineering Department to expend up to $125,000 of contingency funds to complete the repairs on the Aviation Way sewer line. MOVED by Langan, SECONDED by Callsen that the Engineering Department be authorized to expend up to $125,000 of contingency funds to complete the repairs on the Aviation Way sewer line. Roll call vote. Those voting yes: Langan,, Wells, Callsen, Earl, and Ozuna. Those voting no: none. Absent and not voting: Gable. MOTION CARRIED (FINANCIAL REPORT) Councilwoman reported that the Finance Committee has reviewed current accounts payable in the amount of $774,781.58 for the period ended October 31, 2000 and a net payroll of $150,648.18 for the pay period ended October 21, 2000. Book 41 Page 279 MOVED by Earl, SECONDED by Ozuna that accounts payable in the amount of $774,781.58 represented by check numbers 71238 through 71546 and payroll for the amount of $150,648.18 represented by check numbers 69614 through 69740 and direct deposit stub numbers 15046 through 15167 be accepted, payment approved, and vouchers filed in the office of the City Clerk. Roll call vote. Those voting yes: Earl, Ozuna, Langan, Wells, and Callsen. Those voting no: none. Absent and not voting: Gable. MOTION CARRIED (CITY COUNCIL REPORTS) Councilwoman Earl reported that she attended the groundbreaking for the new Police Station. She also mentioned that she received a notice of a workshop coming up in February which was actually for lawyers, but anyone could attend. This was with regard to land use planning in Idaho. It will be for one day and held in Boise on February 14"'. She believed it would be beneficial to attend this workshop. Councilman Wells reported briefly on Farmway Village and how well things were going out there, He also spoke about having contracts friendly and his opinion was that the City should develop some standardized contracts. The Mayor suggested that Mr. Hilty, the City Attorney, look into this possibility. (MAYOR'S COMMENTS) The Mayor reported that the last couple of months have been busy with issues that just keep coming. He commented that he appreciated Steve West from the Department of Environmental Quality. Other comments included the ground breaking for the new Police facility and how much he appreciated Councilman Wells as well as DEQ for helping the process; the City Christmas party was scheduled for December 5 at the College; the Human Rights Task Force was in full swing; and that he would be attending the National League of Cities Convention. (ADJOURNMENT) MOVED by Earl, SECONDED by Callsen that since there was no further business, the City Council adjourn at 9:15 p.m. Roll call vote. Those voting yes: Earl, Ozuna, Langan, Wells, and Callsen. Those voting no: none. Absent and not voting: Wells. MOTION CARRIED APPROVED AS written THIS 20th DAY OF November 2000. ATTEST: City Clerk Mayor Councilperson Councilperson ®® °° 1 JAN 15, t" ® g o I � ° ® B ®, UN a`� 0®® ® °®