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Home My WebLink About2000-12-04city council minutesBook 41 Page 293 REGULAR MEETING DECEMBER 4, 2000 7:00 P.M. The Meeting was called to order by Mayor Nancolas. The Invocation was offered by Don Mason, Pastor of the Canyon Hill Nazarene Church. The Mayor then asked for everyone to stand for the Pledge of Allegiance to the Flag. The Roll of the City Council was called with the following members present: Gable, Callsen, Earl, Ozuna, and Langan. Absent: Wells. ADDITIONS OR DELETIONS TO THE AGENDA. MOVED by Gable, SECONDED by Ozuna to delete Item No. 12 on the Consent Calendar and replace with approval for an easement to Idaho Power from the City of Caldwell; to add request to waive the rules and pass Bill No. 49 after the first reading by title only; and to add request for an Executive Session as Item 2A under New Business. Roll call vote. Those voting yes: Gable, Callsen, Earl, Ozuna, and Langan. Absent and not voting: Wells. Those voting no: none. MOTION CARRIED MOVED by Gable, SECONDED by Ozuna to accept the Agenda as amended. Roll call vote. Those voting yes: Gable, Callsen, Earl, Ozuna, and Langann. Absent and not voting: Wells. Those voting no: none. MOTION CARRIED SPECIAL PRE SENTATIONS. Mayor Nancolas recognized the High School students and asked each of them to stand and introduce themselves. AUDIENCE PARTICIPATION. Since there was no one from the audience who cared to address the Council at this time on ally item not included on the prepared Agenda, the Mayor stated that the meeting would continue as outlined. CONSENT CALENDAR: Mayor Nancolas presented the following items on the Consent Calendar for consideration by the Members of the City Council: 1. Dispense with the reading of the minutes of the Regular Council Meeting on November 20, 2000 and approve as written; 2. Approve acceptance of the minutes from the Caldwell Public Hearings before Hearing Examiner Minutes of October 25, 2000; 3. Approve acceptance of an easement for a sewer line on the Wal -Mart property to provide sewer service for the Wal -Mart store and the four out -lots that front on Ustick Road; 4. Approve acceptance of a Deed for right-of-way from Wal -mart Stores, Inc. located on the South side of Ustick Road just West of Cleveland Blvd. and will give the City a total of 40 feet from centerline for the entire Wall -Mart frontage; 5, Approve acceptance of sewer easement from John and Sallie Palleria for a sanitary sewer Iine located within Tract A of Mountain View Subdivision; G. Approve Resolution for the dedication of sewer and water facilities for Southern Heights Subdivision Phase i and Phase 2 improvements and Vallivue Heights Subdivision Phase 1 improvements; 7. Approve Resolution for cancellation of an Airport Tenant Agreement with M.C. and D.J. Stanley; S. Approve Resolution authorizing the execution of an Airport Tenant Agreement with John M. or Sandy L. McGavin; 9. Approve Resolution authorizing a lease agreement with Donald R. Shannahan and the Caldwell Economic Development for the City of Caldwell; 10. Approve Resolution to appoint Garret Nancolas, Mayor as the City of Caldwell's delegate to the Valley lnterArea Transportation Board and Gordon Law, Caldwell City Engineer as the alternate member of that Board; 11, Approve awarding bid from the apparent low bidder, K & L Excavation for L.I.D. 00 -3, the Idaho Avenue Sewer Project from Ustick to Palrang; 12. Approve easement to Idaho Power for an underground power Pane; 13. Approve Memo of Understanding with Canyon County for Dispatch Services. Book 41 Page 294 MOVED by Earl, SECONDED by Gable to approve the Consent Calendar as presented by the Mayor. Roll call vote. Those voting yes: Earl, Ozuna, Langan, Gable, and Callsen. Absent and not voting: Wells. Those voting no: none. MOTION CARRIED �i�lZ31R9= (►[IIY� NEW BUSINESS (CONSIDER BILL NO. 49 TO VACATE A UTILITY EASEMENT ON LOT 2, BLOCK I OF WESTGATE SUBDIVISION AND TO AMEND SAID PLAT) Mrs. James, the Community Development Director, explained that this Ordinance was initially submitted as a Resolution and placed under Council's Consent Calendar of November 20. After review, Mark Hilty determined that the Resolution should be removed from the Consent Calendar and that we should prepare the vacation and amendment request as an Ordinance. This Ordinance was now coming forward under New Business on the Agenda tonight. It was not being heard as a Public Hearing; however, Council needs to take action on the request. Mayor Nancolas read the title of Bill No. 49 as follows: AN ORDINANCE RECITING PETITION WAS GIVEN TO AMEND THE PLAT OF WESTGATE SUBDIVISION BY VACATING A PUBLIC 'UTILITY EASEMENT; DETERMINING THAT SAID VACATION OF SAID EASEMENT LOCATED WITHIN LOT 2, BLOCK I OF WESTGATE SUBDIVISION, SAID PLAT FILED ON MARCH 22, 1966 IN BOOK 8, PAGE 4 IN THE OFFICE OF THE CANYON COUNTY RECORDER, CANYON COUNTY, IDAHO, IS IN THE BEST INTEREST OF THE CITY; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CLERK OF THE CITY OF CALDWELL TO FILE A CERTIFIED COPY OF THE ORDINANCE AND EXHIBITS WITH THE CANYON COUNTY RECORDER, CANYON COUNTY, IDAHO. MOVED by Gable, SECONDED by Earl to waive the rules requiring that a bill be read at three separate times and read in full for one reading and pass the Bill at this time. Roll call vote. Those voting yes: Gable, Callsen, Earl, Ozuna, and Langan. Those voting no: none. Absent and not voting: Wells. MOTION CARRIED MOVED by Gable, SECONDED by Earl that Bill No. 49 be passed and entitled Ordinance No. 2363 after the one reading by title only. Roll call vote. Those voting yes: Gable, Callsen, Earl, Ozuna, and Langan. Absent and not voting: Wells. Those voting no: none. MOTION CARRIED (REQUEST TO CONSIDER BILL NO. 50 AMENDING THE CITY CODE PERTAINING TO THE HOURS PORTABLE AND STATIONARY STANDS CAN CONDUCT BUSINESS IN THE CITY OF CALDWELL WITH REQUEST TO WAIVE THE RULES REQUIRING THAT A BILL BE READ AT THREE SEPARATE TIMES AND READ IN FULL FOR THE ONE READING) The Mayor explained that the Chief of Police was requesting that Council consider a Bill to amend the City Code pertaining to the hours that a portable or stationary stand could conduct business in the City of Caldwell. The City has received complaints about people selling from the stands after 1:00 a.m. and causing a disturbance. The Council discussed this request briefly stating that they had a concern about including the stationary stands in this amendment. Another issue brought forward was to include in the Code that this would only apply to portable stands in a Residential Zone. MOVED by Gable, SECONDED by Earl to table consideration of Bill No. 50 until the next meeting so that these changes could be made. Roll call vote. Those voting yes: Gable, Callsen, Earl, Ozuna, and Langan. Those voting no: none. Absent and not voting: Wells. (PURSUANT TO IDAHO STATE CODE, SECTION 67 -2345, A REQUEST FOR AN EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING PERSONNEL AND LAND ACQUISITION) Mayor Nancolas stated that pursuant to Idaho State Code, Section 67 -2345, he would request that Council make a motion to go into an Executive Session for the purpose of discussing personnel and land acquisition. Book 41 Page 295 MOVED by Earl, SECONDED by Gable that the City Council pursuant to Idaho State Code, Section 67 -2345, convene into an Executive Session for the purpose of discussing personnel and land acquisition. Roll call vote. Those voting yes: Earl, Ozuna, Langan, Gable, and Callsen. Those voting no: none. Absent and not voting: Wells. MOTION CARRIED The City Council proceeded into an Executive Session. After completion of their discussion, it was MOVED by Langan, SECONDED by Earl that the Council reconvene into their Regular Meeting. (FINANCIAL' REPORT) Councilwoman Ozuna reported that the Finance Committee has reviewed current accounts payable in the amount of $514,022.04 for the period ended November 29, 2000 and a net payroll of $139,006.29 for the pay period ended November 18, 2000. MOVED by Ozuna, SECONDED by Earl that accounts payable in the amount of $514,022.04 represented by check numbers 71746 through 71908 and payroll for the amount of $139,006.29 represented by check numbers 69847 through 69935 and direct deposit stub numbers 15300 through 15419 be accepted, payment approved, and vouchers filed in the Office of the City Clerk. Roll call vote. Those voting yes: Ozuna, Langan, Gable, Callsen, and Earl. Those voting no: none. Absent and not voting: Wells. MOTION CARRIED (CITY COUNCIL REPORTS) Councilman Gable reported that they needed judges for the Christmas Parade on Saturday. Councilman Callsen agreed to be a judge. Councilman Gable also attended the Festival of Trees. Councilman Langan informed the Mayor and Council that he met with the Seniors regarding the drop in attendance and felt that the meeting was successful. Councilwoman Ozuna stated that the Idaho Bar Association was holding a meeting to discuss land use, subdivisions, annexation, and airport questions on February 14, 2001. (MAYOR'S COMMENTS) The Mayor discussed the planning session for Human Rights Summit to be held at the Acapulco at 11:30 p.m. on Tuesday; tomorrow night was the Employee Recognition dinner at 6:30 p.m.; the City tree lighting was to be at 6:00 p.m. on Friday, December 8"' and the Christmas Parade on December 9 he would be leaving on Wednesday to attend the National League of Cities in Boston and Councilman Gable would be the Acting Mayor in his absence. (ADJOURN) Since there was no further business, it was MOVED by Gable, SECONDED by Earl to adjourn the City Council Meeting at 8:20 P.M. Roll call vote. Those voting yes: Gable, Callsen, Earl, Ozuna, and Langan. Those voting no: none. Absent and not voting: Well. MOTION CARRIED APPROVED AS Written THIS 18 th DAY OF December . 2000. Mayor oan;L— erson i1 s n ou cilpers¢q a n CoYmciiperson Councilperson ATTEST: 60001 °oo City Clerk JA 15 s ° ° rab 0 _ y® ' "Aazroac®aansac