HomeMy WebLinkAbout2001-12-03city council minutesBook 42
Page 235
REGULAR MEETING
DECEMBER 3, 2001
7:00 P.M.
The Meeting was called to order by Mayor Nancolas.
The Mayor requested that everyone stand for the Pledge of Allegiance to the Flag.
The Roll of the City Council was called with the following members present: Gable, Callsen,
Hopper, Ozuna, and Langan, Absent: Wells.
The Mayor noted that if anyone in the audience was present because of Items 3 and 4 under New
Business, those two items would be continued until the next Regular Council Meeting on
December 17, 2001. Both applicants requested that the two items be continued.
ADDITIONS OR DELETIONS TO THE AGENDA.
The Mayor asked if there were any deletions or additions to the prepared Agenda.
It was MOVED by Hopper, SECONDED by Ozuna that Item No. 5 under New Business be
changed to read, "Approve the proposed Animal Control Agreement with Canyon County ".
Roll call vote. Those voting yes: Hopper, Ozuna, Langan, Gable, and Callsen. Those voting no:
none. Absent and not voting: Wells.
MOTION CARRIED
MOVED by Langan, SECONDED by Ozuna to approve the Agenda as amended.
Roll call vote. Those voting yes: Langan, Gable, Callsen, Hopper, and Ozuna. Those voting no:
none. Absent and not voting: Wells.
MOTION CARRIED
Mayor Nancolas recognized Mrs. Moss, the Government teacher from Caldwell high School, and
her students. He requested that the students stand and introduce themselves.
He also recognized Mr. Jim Guy, a long time teacher from the Caldwell High School.
AUDIENCE PARTICIPATION.
The Mayor asked if there was anyone in the audience who cared to address the City Council at this
time on any item that was not on the prepared Agenda. Since there was no one, the Mayor
declared that the meeting would continue as presented.
SPECIAL PRESENTATIONS.
The Mayor stated that he would like to make a special presentation. The City occasionally has the
opportunity to recognize the employees at the City who do ajob beyond the call of duty and were
an example to fellow employees. This evening we have the honor of recognizing one such
employee. The Employee of the Month for this Month was a gentleman who has gone way above
and beyond the call of duty in helping our City in our efforts in building the new Police Station,
specifically the technical side of things by installing computer equipment, phone equipment and
all the new high tech equipment involved in the Police Station. Mr, Vargas has been employed by
the City for a couple of years and in that time, has saved the citizens of Caldwell hundreds of
dollars through his knowledge and expertise. The following letter was submitted by Police Chief
Bob Sobba:
1. would like to nominate Tony Vargas for the Employee of the Month for his efforts on addressing
all the technology needs for the new Police Station. Tony has put in numerous hours in the last
few months getting the computers and telephone systems in place. Tony has responded to
numerous deadlines that required coordinating different agencies lined up for a variety of tasks.
He came up with the idea to tie our phone system to the computer network that will make
communication for the public and the department more efficient and reduce labor costs over a
period of time. He also came up with the new monitors to replace the individual PC's that wilt
again save the City money and time. Tony's efforts on this project are deserving of him being
recognized for his outstanding performance.
Mayor Nancolas presented a plaque to Mr. Vargas and thanked him for his dedication and hard
work for the City of Caldwell.
CONSENT CALENDAR:
The Mayor presented the following items on the Consent Calendar for consideration by the
Council Members:
1. Dispense with the reading of the minutes of the Regular City Council Meeting held on
November 19, 2001 and approve as written;
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2. Approve acceptance of the minutes from the Caldwell Golf Board held on October 17, 2001
and the Caldwell Traffic Commission Meeting minutes from November 12, 2001;
3. Approve the appointment of Liz Yeary and Betty 7o Keller to the Historical Preservation
Commission for a one year term to expire on December 31, 2002;
4. Approve Order of Decision for annexation requested by the City of Caldwell (Case No. ANN -
47-00);
5. Approve Order of Decision for Glanzman Office (Case SUP-1 38AP-0 1).
MOVED by Gable, SECONDED by Callsen to approve the Consent Calendar as presented by
Mayor Nancolas.
Roll call vote. Those voting yes: Gable, Callsen, Hopper, Ozuna, and Langan. Those voting no:
none. Absent and not voting: Wells.
MOTION CARRIED
OLD BUSINESS
(CONTINUATION OF THE PUBLIC HEARING ON APPLICATION OF THE COMMUNITY
DEVELOPMENT DIRECTOR TO AMEND THE ZONING ORDINANCE PERTAINING TO
OUTDOOR STORAGE (CASE NO. OA-38-01)
Mayor Nancolas stated that this Public Hearing was continued from the last Council Meeting.
This was regarding the Community Development Director's desire to amend the zoning ordinance
pertaining to outdoor storage. Since there was no one signed to speak to this matter, the Mayor
requested that the Community Development Director present the Staff Report.
Steve Hasson was recognized and informed Council that the purpose of the amendment to the
zoning ordinance was to add a means to control the placement of materials outside of a business
operation by the use of a new land use application category known as outdoor storage. As you
recall, Council had concerns about this proposal at the last Council Meeting. Therefore, this was
continued until we could better assess this request. Meantime, Mr. Hasson stated that he found
some language in the City Code that he believed, with a little modification, may accomplish the
same objective. Specifically, there was language in City Code 07 -03 -03(1) which reads as
follows: "Appearance of Commercial Properties: (1) Responsibility of property owners: All
property owners owning property within C -1, C -2 C -3 and C -4 zoning shall be required to keep
structures in a neat, orderly and clean condition. Accumulation of debris and dirt on or about the
building shall be prohibited. Any portion or feature or attachment to the building in a state of
disrepair or uncleanliness shall be removed, replaced or cleaned."
Mr. Hasson further informed Council that the language could be altered as follows: "In addition
to the property owner keeping their structure in a neat, orderly, clean condition, the storage of
equipment, materials, etc. in an outdoor area as an accessory to a primary use has to meet the same
standard". He believed this would be a lot simpler, gets away from the convoluted as to how
much as to be outside before it meets the threshold and etc. If Council agreed to this proposal, he
would set up a meeting, go through the public hearing process and bring it back to Council.
The Mayor stated that the appropriate action at this time would be to close the public hearing as it
will require new noticing of the proposed language. If there were no objections from Council, lie
would ask Mr. Hasson to move forward.
MOVED by Callsen, SECONDED by Ozuna to close the Public Hearing.
Roll call vote. Those voting yes: Callsen Hopper, Ozuna, Langan and Gable. Those voting no:
none. Absent and not voting: Wells.
MOTION CARRIED
(PUBLIC HEARING ON ASSESSMENT ROLL FOR LOCAL IMPROVEMENT DISTRICT 99 -3
FOR INSTALLATION AND REPLACEMENT OF MISCELLANEOUS CONCRETE WORK)
Mayor Nancolas informed Council that this item was brought before Council from the City
Engineer. It was a public hearing on an Assessment Roll for Local Improvement District 99 -3 for
the installation and replacement of miscellaneous concrete work. This was a voluntary L.I.D. that
has been continuing in the City for several years. He noted that Todd Binford would be making
the presentation. He then opened the Public Hearing.
Todd Binford, representing the Engineering Department at 621 Cleveland Blvd, presented the
background on this matter. He stated that 1,11). 99 -3 was formed on February 1, 1999 and it was
a voluntary L.I.D. for the purpose of replacing and constructing new concrete, cgrb and gutter,
sidewalks, driveway approaches, decorative sidewalks, landscaping and street lights in the
downtown area. The City paid twenty -five percent of the construction cost. There was a total of
nine properties involved with a total cost of $204,123.54. The City's portion was $68,222.10 and
the total cost of assessments was $135,901.44.
MOVED by Ozuna, SECONDED by Callsen to close the Public Hearing.
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Roll call vote. Those voting yes: Ozuna, Langan, Gable, Callsen, and Hopper. Those voting no:
none. Absent and not voting: Wells.
MOTION CARRIED
(CONSIDER BILL NO. 37 REGARDING THIS ABOVE ATi eNi L . I . D . )
Mayor Nancolas noted that there was a request when considering this Bill to waive the rules and
pass on the one reading by title only. He then read the title of Bill No. 39 as follows:
AN ORDINANCE MAKING CERTAIN FINDINGS IN CONNECTION WITH LOCAL
IMPROVEMENT DISTRICT NO. 99 -3 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 THE DETERMINATION OF THE REGULARITY,
VALIDITY, AND CORRECTNESS OF SAID ASSESSMENT 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 SEVEREABILITY, AND PROVIDING AN EFFECTIVE DATE.
MOVED by Langan, SECONDED by Hopper to waive the rules requiring that a Bill be read at
three separate times and read in full for one reading.
Roll call vote. Those voting yes: Langan, Gable, Ozuna, Hopper, and Ozuna. Those voting no:
none. Absent and not voting: Wells.
MOTION CARRIED
MOVED by Gable, SECONDED by Hopper that Bill No. 37 be passed and entitled Ordinance No.
2401 after the one reading by title only.
Roll call vote. Those voting yes: Gable, Callsen, Hopper, Ozuna, and Langan. Those voting no:
none. Absent and not voting: Wells.
MOTION CARRIED
(PUBLIC HEARING PERTAINING TO THE CREATION OF LOCAL IMPROVEMENT
DISTRICT 01 -4 FOR MISCELLANEOUS CONCRETE WORK IN THE DOWNTOWN)
The Mayor stated that the next item was a Public Hearing for the creation of Local Improvement
District 01 -4 for miscellaneous concrete work in the downtown. He opened the Public Hearing
and noted that no one was signed to testify in this Hearing.
Todd Binford of the Engineering Department was again recognized to present the background
information on this matter. Mr. Binford explained that this was also a voluntary L.I.D. Again, the
City will pay twenty -five percent of the cost.
MOVED by Hopper, SECONDED by Ozuna to close the Public Hearing.
Roll call vote. Those voting yes: Hopper, Ozuna, Langan, Gable, and Callsen. Those voting no:
none. Absent and not voting: Wells.
MOTION CARRIED
(CONSIDER BILL NO. 38 TO CREATE LOCAL IMPROVEMENT DISTRICT 01-4 FOR
CONCRETE WORK IN THE DOWNTOWN AREA)
The Mayor noted that there was also a request to waive the rules and pass on the first reading by
title only with regard to this Bill. He read Bill No. 38 by title only as follows:
AN ORDINANCE OF THE CITY OF CALDWELL, IDAHO, CREATING LOCAL
IMPROVEMENT DISTRICT NO. 01 -4 FOR CALDWELL, IDAHO FOR THE
CONSTRUCTION OF CONCRETE CURBS, GUTTERS, DRIVE APPROACHES,
SIDEWALKS, DECORATIVE SIDEWALKS, LANDSCAPING AND STREET LIGHTS IN
THE DOWNTOWN AREA OF SAID CITY; SETTING FORTH THE PROPERTIES TO BE
INCLUDED IN SAID DISTRICT; PROVIDING FOR THE LEVYING OF ASSESSMENTS
UPON THE PROPERTY TO BE BENEFITED BY SUCH IMPROVEMENT AND FOR THE
BASIS OF MAKING SAID ASSESSMENTS; APPOINTING AN ENGINEER; PROVIDING
FOR MAKING THE ASSESSMENT ROLL, AUTHORIZING THE PUBLICATION OF A
CALL FOR CONSTRUCTION BIDS; PROVIDING FOR THE ISSUANCE OF LOCAL
IMPROVEMENT DISTRICT BONDS AND WARRANTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE OF
THIS ORDINANCE.
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MOVED by Callsen, SECONDED by Gable to waive the rules requiring that a bill be read at three
separate times and read in full for the one reading.
Roll call vote. Those voting yes: Callsen, Hopper, Ozuna, Langan, and Gable. Those voting no:
none. Absent and not voting: Wells.
MOTION CARRIED
MOVED by Hopper, SECONDED by Callsen that Bill No. 38 be passed and entitled Ordinance
No. 2402 after the one reading by title only.
Roll call vote. Those voting yes: Hopper, Ozuna, Langan, Gable, and Callsen. Those voting no:
none. Absent and not voting: Wells.
MOTION CARRIED
NEW BUSINESS
(PUBLIC HEARING (QUASI JUDICIAL) ON REQUEST FOR VACATION OF RIGHTS OF
WAY FOR AL13ERTSON COLLEGE OF IDAHO FOR NEW STUDENT HOUSING COMPLEX)
Mayor Nancolas stated that the next item on the Agenda was a Public Hearing on request for
vacation of rights of way for Albertson College of Idaho for new student housing complex. This
was a quasi judicial item and everyone requesting to testify would be sworn in. He then opened
the public hearing and asked for the staff report.
Steve Willcuts, representing the Engineering Department for the City, 621 Cleveland Blvd., was
sworn in and presented the Staff Report. Mr. Willcuts stated that this was a vacation for portions
of Illinois Avenue (from Ash to 132 feet south), Iowa Avenue (from Oak to Ash), Ash Street
(from 78 feet west of Iowa to 108 feet cast of Illinois), and the alley that runs from Illinois to
Iowa, parallel with and between Ash and Oak Streets. The request was made to facilitate
construction of new student housing for Albertson College of Idaho. Public utilities and property
owners within 300 feet have been notified as required by law. Notice of the hearing was published
in the Idaho Press Tribune on November 22 and 26, 2001. Mr. Willcuts further said that he would
like to bring a revised Bill for Council. A clause was added which was as follows: `That until
that portion of the Fillmore Drain in Illinois Avenue and Ash Street owned by the City of
Caldwell, Idaho, is relocated to a location other public rights of way and/or easements acceptable
to the City Engineer. The City of Caldwell shall retain easement rights for maintenance and
operation of the Fillmore Drain line. Said easements rights shall have widths equal to the platted
rights of way for these portions of Illinois Avenue and Ash. Street" Once this Ordinance was
approved by Council, that gives us the right to be able to go on to that property and still maintain
the Fillmore Drain which was a drain line for City streets.
Mike Simmons, 1717 North 11` Street in Boise was sworn in by the Clerk and stated that he was
representing Albertson College of Idaho. Mr. Simmons informed Council that the request to
vacate these streets was previously discussed as a part of the development of the new student
housing for Albertson College of Idaho. They purchased that block of land and the development
has been planned on the basis that the streets would be vacated and the utility easements would
remain. The request to vacate the streets was within the boundary of the property the College has
purchased. The private property was beyond those boundaries and can still be accessed by
portions of those streets which would remain.
Steve Towery, 1711 East Oak Street, signed under questions and discussion, was recognized by
the Mayor and sworn in by the Clerk. Mr. Towery asked if there was a map available to point out
exactly what the College plans were. Mr. Simmons did have a map and answered Mr. Towery's
questions with regard to this project. Mr. Towery stated that this was the first time they had
received word on any of this project. The first time they knew for sure that something was
happening was when they knocked down the house next to them. His purpose in appearing
tonight was basically to get more information. He expressed his surprise that no one had
approached them and explained what was going on.
Mayor Nancolas stated that this was the second public hearing the City has had and everyone
living within 300 feet should have been notified. The first hearing was for a zone change to
accommodate the new proposed development and held about a month ago. No vacation requests
were included in the first hearing. He bad no knowledge as to what property owners the College
may have notified.
Sheila Towery, 1711 East Oak Street, signed to speak under questions and discussion, was sworn
in by the Clerk and stated that she also warted to know why they were not contacted or at least
warned about the work being done around them. There were rumors and she just•had questions
she would like answered.
The Mayor explained that purchasing property does not require City approval. This was
something that has been going on for quite some time. The first time the City would be involved
was when there was a request for some sort of planning and zoning issue or when it falls under the
private property rights. That was when the City was required to notify affected property owners.
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As far as the College talking to those living around the purchased property, Mr. Simmons would
need to address that.
Gina Lujack, 2418 Ray Avenue, also signed under questions and discussion, was recognized and
sworn in by the Clerk. Mrs. Lujack explained that she owned a duplex at 1520 and 1518 East
Ash. Mrs. Lujack addressed the Council stating that she was not really opposed or in favor of this
project; she wanted to be sure that the street was accessible to her duplex; she believed the
College has been a bit rude to the neighbors around the area; they took out the fence to the rear of
her duplex; her tenant had the door kicked in; on the other side where the fence still remains, a
bulldozer broke off one of the posts which was observed by the tenant. She was hoping that they
would be a little bit more mindful of the neighbors.
Jim Keesee, 3914 Dorman Avenue signed to speak in opposition was sworn in by the Clerk. Mr.
Keesee indicated that he did not receive notification of the first hearing that was held on this
matter, but did receive the second and third notices; stated that he owned property at the corner of
Wisconsin and Ash, 1718 Ash. His concern was that if they close Ash as been discussed, it would
restrict access to his property totally from that direction. Anyone living or going to that property
would have to drive at least four blocks out of the way to get to that property. He did not believe
the City should allow a private enterprise even if it was the College to take over a major portion of
a street and take away access to other private property owners. Another concern was that if they
do this, how will it affect emergency access to our property once they close Ash Street. Once they
close that, the portion of the street in front of his house and Mr. Guy's house would just be a block
in the middle of the College complex. It would then perceived as being College property and staff
and students and others involved in the College would use the parking in that area and make it
difficult for his tenants.
The Mayor indicated that he did not have answers for his concerns. However, the Staff or the
College could possibly help him.
Jim Guy, 1716 East Ash, was sworn in and also expressed concerns about closing Ash Street and
questioned the Police, ambulance and Fire protection access if it was closed.
Teresa Guy, 12541 West Driftwood of Boise, was sworn in and testified in opposition for the
same reasons as expressed by the other citizens. In her comments, she noted that if a fire truck
was to pull up in front of her parent's home, there would be no way for the truck to turn. Those
living in that area were at risk. For the College to take access of a public road was certainly one of
concern.
Mike Simmons was again recognized and discussed the following: the reason for vacating the
street was to help eliminate a boundary between the new student housing and the existing campus.
They were required by the police, fire and emergency service people to keep that area where Ash
now was open for emergency vehicle access. It was designed to be landscaped with paving
material that could take the weight of fire trucks, ambulances and etc. The requirement to
accommodate emergency vehicles was still there and you could still access that whole right of way
along what was now Ash Street. Mr. Simmons also stated that he could not provide a very good
argument with regard to convenience to the properties that now exist. The two properties at the
end of Ash Street would still be accessible by Ash, but they would have to go down to the next
street and over. Their understanding from the City was that as long as there was access provided
by public street they would be satisfying the requirements. With regard to construction and
problems expressed by several residents, he was sure the College would be quite disturbed if they
knew of it. The contractor that was there to do the site clearing has completed his work and there
will be another contractor coming on site now and would fence the entire site. Mr. Simmons
suggested that if there were additional concerns to contact Rick Beverage, the Vice President of
Finance at the College. With regard to parking, the College knows that this was a problem. They
were currently looking at some plans for residential parking and also were aware of the possibility
of needing to control the student parking.
Gordon Law, City Engineer, was sworn in and stated that the Engineering Department doesn't get
terribly concerned about volume of traffic until it begins to exceed the structural capacity of the
road. In this case, neither Ash nor Oak has sufficient volume of traffic to ever raise a serious
concern from Engineering. The need for a traffic study was generally not an issue. There were
public utilities including sewer, water and power and storm drains that were being addressed by
request and discussed. The College would bear the cost of relocating any of the facilities.
Further discussion included whether the lighting would affect the residents; campus security;
controlled intersections; possibility of cul -de -sacs so vehicles could turn around; street signage;
the primary importance was safety of the citizens; one of the conditions was that the College
contact the Police and Fire Departments about their plans.
Mayor Nancolas stated that they recognize that the College was an outstanding asset to the
Community, but they have to respect the concerns raised by the citizens as the College expands.
His suggestion would be to hold a neighborhood meeting with the concerned individuals and see if
there was a way to address those concerns. He also said that he would like to hear some
comments from the Police and Fire Departments with regard to the vacations. Good
communication was important. The Mayor further commented that he knew there was a time
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constraint for construction, but would ask Mr. Simmons if it would be a problem to continue this
Public Hearing to give him an opportunity to discuss some of these issues with the residents to see
if there were things that could be done to mitigate the issues expressed during testimony. In
addition, he would suggest that they obtain comments from the Police and Fire Departments.
Mr. Simmons stated that the College was hoping to start excavation as soon as possible. He asked
if it was possible to grant them permission to work in some areas and exclude the areas that were
of concern.
The City Attorney, Mr. Hilty, stated that he would advise against this and the City Engineer also
advised against it. There was a potential of problems down the road in doing this.
After further discussion, Councilman Hopper stated that he had three concerns he would like
addressed before going forward. This included turn around access for those streets that were being
blocked off. It was not just the area of Ash Street by Wisconsin, but also Ash Street on the west
end where it terminates and also for Illinois Avenue which was going to end halfway into the new
development area. There needs to be some kind of turn around provision there. The second issue
was that they need to find some way to protect the parking of residents still in the area. Thirdly,
he was concerned about the increased traffic load on Oak Street.
MOVED by Gable, SECONDED by Callsen that the Hearing be continued until a time and date
certain which would be at the Regular Council Meeting on December 17, 2001.
Roll call vote. Those voting yes: Gable, Callsen, Hopper, Ozuna, and Langan. Those voting no:
none. Absent and not voting: Wells.
MOTION CARRIED
Mayor Nancolas suggested to Mr. Simmons that a neighborhood meeting or something of that
kind be scheduled to hear the concerns and bring back an answer at the next meeting. Those
concerns need to be mitigated or resolved. Councilman Gable asked if a representative from the
Police Department, Fire Department or the Engineering Department could be present to answer
questions at that meeting. The Mayor informed Mr. Simmons that Staff was available to help.
(PUBLIC HEARING ON REQUEST BY EARL TUCKNESS FOR APPROVAL TO ANNEX
APPROXIMATELY 40.28 ACRES INTO THE CITY AS AN R -1 (SINGLE FAMILY
RESIDENTIAL) ZONE - CASE NO. ANN- 59 -01.)
The Mayor stated that there was a request to continue this Public Hearing until a time and date
certain which would be December 17, 2001 at 7:00 p.m. at the County Meeting Room.
MOVED by Hopper, SECONDED by Gable to continue this Public Hearing until 7:00 p.m. at the
Regular Council Meeting on December 17, 2001.
Roll call vote. Those voting yes: Hopper, Ozuna, Langan, Gable, and Callsen. Those voting no:
none. Absent and not voting: Wells.
MOTION CAPJUED
(PUBLIC HEARING ON A REQUEST BY VALLIVUE SCHOOL DISTRICT FOR APPROVAL
TO ANNEX APPROXIMATELY 20 ACRES INTO THE CITY AS AN R -1 (SINGLE FAMILY
RESIDENTIAL) ZONE — CASE NO. ANN- 60 -01)
The Mayor stated that there was also a request to continue this Public Hearing until a time and
date certain which would be December 17, 2001 at 7:00 p.m. at the County Meeting Room.
MOVED by Hopper, SECONDED by Gable to continue this Public Hearing until 7:00 p.m. at the
Regular Council Meeting on December 17, 2001.
Roll call vote. Those voting yes: Hopper, Ozuna, Langan, Gable, and Callsen. Those voting no:
none. Absent and not voting: Wells.
MOTION CARRIED
(APPROVAL OF PROPOSED ANIMAL CONTROL AGREEMENT WITH CANYON COUNTY)
Mayor Nancolas stated that the proposed Animal Control Agreement with the County has been
discussed several times. Our Finance Director has worked with the County on getting the
financial details worked out. Mr. Hilty, the City Attorney, has reviewed the Agreement and gives
his approval.
MOVED by Gable, SECONDED by Callsen that Council accept the advice of Legal Counsel and
adopt the Animal Control Agreement with Canyon County.
Roll call vote. Those voting yes: Gable, Callsen, Hopper, Ozuna, and Langan. Those voting no:
none. Absent and not voting: Wells.
MOTION CARRIED
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(PURSUANT TO IDAHO STATE CODE 67 -2345, A REQUEST FOR AN EXECUTIVE SESSION
FOR THE PURPOSE OF DISCUSSING PENDING LITIGATION)
MOVED by Callsen, SECONDED by Ozuna 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: Callsen, Hopper, Ozuna, Langan, and Gable. Those voting no:
none. Absent and not voting: Wells.
MOTION CARRIED
The Council convened into an Executive Session at 830 p.m. and back into the Regular Session at
8:45 p.m.
(FINANCIAL REPORT)
Councilman Callsen stated that the Finance Committee has reviewed current accounts payable in
the amount of $908,208.19 for the period ended November 28, 2001 and a net payroll of
$152,409.61 for the pay period ended November 17, 2001.
MOVED by Callsen, SECONDED by Gable that accounts payable in the amount of $908,208.19
represented by check numbers 77338 through 77609 and the total payroll for the amount of
$152,409.61 represented by check numbers 73188 through 73279 and direct deposit stub numbers
18569 through 18690 be accepted, payment approved, and vouchers filed in the Office of the City
Clerk.
MOVED by Callsen, SECONDED by Gable to approve the financial report as presented.
Roll call vote. Those voting yes: Callsen, Gable, Hopper, Ozuna, and Langan. Those voting no:
none. Absent and not voting: Wells.
MOTION CARRIED
(CITY COUNCIL REPORTS)
Councilman Gable reported that the Christmas Parade was great. He would request that the Mayor
write a personal letter to each person on the Committee for the Parade and that each Councilperson
sign the letter as well.
The Mayor stated that they were in the process now of taking applications to serve on the Airport
Commission. He requested that Councilman Gable, Gordon Law, and Curt meet to go through the
applications. The Mayor also informed Council that Dr. McLaughlin was resigning at the first of
the year and has done an excellent job.
Councilman Gable also mentioned that the Airport Commission wanted to meet with the Members
of the City Council along with Mr. Law and Curt and sit down and discuss the future of the
Airport.
Councilman Langan also commented on how nice the Christmas Parade was and the Christmas
Tree lighting.
(MAYOR'S COMMENTS)
The Mayor informed Council that he was leaving the next morning for the National League of
Cities and would be representing the City of Caldwell and the State of Idaho on several issues and
would be a voting member,
He also reminded Council that they were more than welcome to come to the Urban Renewal
Workshop on December 10` at 6:00 p.m. at City Hall; appointments were coming up and he
would be approving all of them; Council would need to help him in deciding what should be done
with the prosecution part of the appointments; Mr. Hilty and Mr. Fleming would be meeting with
them to discuss this appointment; the 14 of December was the City's Employee Recognition
Dinner to be held at the College; on December the 17` ViaTrans, Compass, Treasure Valley
Partnership were all meeting with the first one starting at 9:30 in the morning; December 21S was
the Senior Citizen's Christmas Parry and Council Members were invited to attend at Noon at the
Center; January 21 was Martin Luther King Day so Council would be meeting on the 22 of
.January; he would appreciate bearing from Council as to whether they want to continue on with
their Council assignments or not or would prefer a change. In conclusion, he explained how the
first meeting in January would be conducted. Council also needed to determine who was going to
be the Council President in the new year. Pictures would be taken at the January 7"' meeting as
well.
(ADJOURN)
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Page .,,Z42
Since there was no further business, it was MOVED by Hopper, SECONDED by Gable that the
meeting be adjoured at 9:00 p.m.
Roll call vote. Those voting yes: Hopper, Ozuna, Langan, Gable, and Callsen. Those voting no:
none. Absent and not voting: Wells.
MOTION CARRIED
APPROVED AS written. TI41S 17 th DAY OF December , 2001.
Garret L. Nancolas, Mayor
o c I erson nc r o
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C once perso Councilperson
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