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HomeMy WebLinkAbout2008-12-22city council minutesBOOK 49 SPECIAL MEETING DECEMBER 22, 2008 12:18 P.M. PAGE 206 The Roll of the City Council was called with the following members present: Blacker (via phone until his arrival at 12:43 p.m.), Hopper (via phone), Callsen, Dakan, and Sobba. Those absent: Oates. Others in attendance: Dennis Cannon, E1Jay Waite, Skip Oppenheimer, Doug Oppenheimer, Chris Yamamoto, Rick Wells, and Bri an Ballard (via phone). ADDITIONS OR DELETIONS TO THE AGENDA MOVED by Callsen, SECONDED by Dakan to amend the agenda by adding "Request from Local 1821 to open Article 25 of the Fire Contract pursuant to Idaho Code 44- 1808." Those voting yes: unanimous. MOTION CARRIED (DISCUSS THE ACQUISITION OF PROPERTY IN CONNECTION WITH THE DOWNTOWN CATALYST PROJECT AND APPROVE RESOLUTION NO. 209 -08 REGARDING THE ACQUISITION OF CERTAIN PROPERTIES) Discussion was held concerning the future catalyst project in light of the acquisition of certain properties known as the "Pilote Property" and the "Hardy Property." Councilman Callsen asked questions concerning the future of the acquired properties if the facility could not be constructed due to environmental issues. Mr. Waite stated that the agreement with Oppenheimer speaks to reimbursement of all hard costs within a period of two years. Rick Wells stated that both properties could be environmentally assessed under one contract with the report submitted to the property owners. Discussion followed concerning the necessity of certification of the assessment and language modifications within the property acquisition contract. In response to questions from Councilman Blacker concerning the two -year indemnity period and if this is a sufficient time period to complete the necessary steps associated with the project, especially as it relates to FEMA and other environmental negotiations. Mayor Nancolas stated that this time period was recommended by attorneys and reported that the City should know about FEMA's determination within the next two months. Skip Oppenheimer noted that the agreement may be amended based on the FEMA and other environmental issue outcomes as necessary. Mr. Ballard concurred that the contract may be amended per inclusive language within the agreement. At the end of the two -year period, either party may give notice that pending issues must be completed within a six -month period. He noted that if neither party gives notice, the agreement continues as stated. In response to questions from Councilman Blacker, E1Jay Waite reported that Urban Renewal would be the mechanism that the City would use to request funding for amenities outside of the project area such as the parking area. The Mayor read Resolution No. 209 -08 by title only: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALDWELL, IDAHO, AN IDAHO MUNICIPAL CORPORATION, ADOPTING THE AGREEMENT RE: CERTAIN PROPERTIES WITHIN CITY CENTER CATALYST PROJECT (HARDY PROPERTY AND PILOTE PROPERTY) BETWEEN THE CITY AND OPPENHEIMER DEVELOPMENT CORPORATION; AUTHORIZING THE MAYOR TO EXECUTE DUPLICATE ORIGINALS; AUTHORIZING EFFECTIVENESS OF THE AGREEMENT RE: CERTAIN PROPERTIES WITHIN CITY CENTER CATALYST PROJECT (HARDY PROPERTY AND PILOTE PROPERTY); AND PROVIDING FOR THIS RESOLUTION TO BE EFFECTIVE UPON ITS PASSAGE AND APPROVAL. MOVED by Dakan, SECONDED by Callsen to adopt Resolution No. 209 -08 as presented noting that the agreement will include revisions as discussed within testimony. Roll call vote. Those voting yes: Dakan, Sobba, Blacker, Hopper, and Callsen. Those voting no: none. Absent and/or not voting: Oates. MOTION CARRIED BOOK 49 PAGE 207 (REQUEST FROM LOCAL 1821 TO OPEN ARTICLE 25 REGARDING UNIFORM ALLOWANCE & SPECIFICATIONS OF THE FIRE CONTRACT PURSUANT TO IDAHO CODE 44 -1808) MOVED by Callsen, SECONDED by Blacker to open Article 25 regarding Uniform Allowance & Specifications ofthe Fire Contract pursuant to Idaho Code 44 -1808 per the request from Local 1821. The Mayor noted that this discussion is for the implementation of a new method for the purchase of uniforms and the funding of this process. Roll call vote. Those voting yes: Callsen, Dakan, Sobba, Blacker, and Hopper. Those voting no: none. Absent and/or not voting: Oates. MOTION CARRIED (ADJOURNMENT) MOVED by Dakan, SECONDED by Blacker to adjourn at 1:10 p.m. Those voting yes: unanimous. Those absent: Oates. MOTION CARRIED APPROVED AS written THIS 5th DAY OF JANUARY 2009. Mayor Councilperson Councilperson Councilperson Councilperson Councilperson Councilperson ATTEST: City Clerk