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HomeMy WebLinkAbout2004-02-17city council minutesREGULAR MEETING FEBRUARY 17, 2004 7:00 P.M. The Meeting was called to order by Mayor Nancolas. The Invocation was offered by Pastor Bruce Juhl of the Caldwell Seventh -Day Adventist Church. The Mayor asked that everyone remain standing for the Pledge of Allegiance to the Flag. The Roll of the City Council was called with the following members present: Hopper, Ozuna, Dakan, Blacker, and Oates. Absent: Wells. SPECIAL PRESENTATIONS The Mayor recognized Jacob Daily, a boy scout, who was attending to earn his merit badge for citizenship in the community. Jacob introduced his parents. ADDITIONS OR DELETIONS TO THE AGENDA Councilman Hopper requested adding Item number 16 to the Consent Calendar to authorize the Mayor to renew the employees' health care benefit plan with Regence Blue Shield. MOVED by Hopper, SECONDED by Oates to approve the Agenda as amended. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Blacker, and Oates. Those voting no: none. Absent and /or not voting: Wells. MOTION CARRIED AUDIENCE PARTICIPATION None. CONSENT CALENDAR: The Mayor presented the following items on the Consent Calendar for approval by the Members of the City Council: 1. Dispense with reading of the minutes of the February 2, 2004 Regular City Council Meeting and approve as written; 2. Approve acceptance of the minutes from the Caldwell Public Library Board held on January 8, 2004; the Traffic Commission held on January 23, 2004 and January 30, 2004; the Public Hearing Before Hearing Examiner held on October 29, 2003; Planning and Zoning Commission held on November 26, 2003; and Historic Preservation Commission held on December 10, 2003; 3. Approve appointment of Dennis Callsen to the Planning and Zoning Commission for a three year term; 4. Approve expenditure of Contingency Funds in the amount of $2,911.57 to pay for environmental monitoring at the Police Station; 5. Approve Order of Decision on Case No. SUP- 197AP -03 (First Christian Church); 6. Approve Resolution No. 16 -04 of Intention for the formation of Local Improvement District (LID) No. 04 -1 and set Public Hearing for March 15, 2004; 7. Approve Resolution No. 17 -04 of Intention for the formation of Local Improvement District (LID) No. 04 -2 and set Public Hearing for March 15, 2004; 8. Approve Resolution No. 18 -04 of Intention for the formation of Local Improvement District (LID) No. 04 -3 and set Public Hearing for March 15, 2004; 9. Approve Resolution No. 19 -04 authorizing the road closure of Dearborn Street between 38"' Avenue and 41" Avenue; 10. Approve Resolution No. 20 -04 authorizing execution of two Quitclaim Deed from Dyver Development, LLC for right -of -way from Moss Lane, east of Indiana Avenue; 11. Approve Resolution No. 21 -04 authorizing execution of a Sewer Pipeline Crossing Agreement with the Union Pacific Railroad Company; 12. Approve Resolution No. 22 -04 authorizing execution of a renewal for a Concession Agreement with Mauricio Quintero, dba Acapulco Mexican Restaurant; 13. Approve Resolution No. 23 -04 authorizing execution of a Right -of -Way Contract with Harvey and Brenda Hudgens; 14. Approve Resolution No. 24 -04 authorizing execution of "Phase 3A- Headworks Facility: Amendment 8, Addendum 1" with Montgomery Watson Harza, 15. Approve Resolution No. 25 -04 authorizing execution of " Headworks and Digester No. 4: Amendment 10 — Services During Construction" with Montgomery Watson Harza, 16. Approve authorization for the Mayor to renew the employees' health care benefit plan with Regence Blue Shield. MOVED by Oates, SECONDED by Blacker to approve the Consent Calendar as amended. Roll call vote. Those voting yes: Oates, Hopper, Ozuna, Dakan, and Blacker. Those voting no: none. Absent and/or not voting: Wells. MOTION CARRIED OLD BUSINESS (CONSIDER BILL NO. 4 [ORDINANCE NO. 24901, REGARDING FOUR SEASONS SUBDIVISION ANNEXATION [ANN- 84 -03], WITH REQUEST TO WAIVE THE RULES, PASS ON THE FIRST READING, AND APPROVE SUMMARY FOR PUBLICATION) The Mayor read Bill No. 4 (Ordinance No. 2490) by title only: AN ORDINANCE DETERMINING THAT CERTAIN LAND LAYS CONTIGUOUS TO THE CITY LIMITS OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO, AND THAT SAID LANDS SHOULD BE ANNEXED TO THE CITY OF CALDWELL, IDAHO, AS PART OF THE R -1 (SINGLE - FAMILY) ZONE DISTRICT; AND DECLARING SAID LANDS BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW TO BE A PART OF THE CITY OF CALDWELL, CANYON COUNTY, IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER AND COMMUNITY DEVELOPMENT DIRECTOR TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF CALDWELL, IDAHO; AND DIRECTING THE CLERK OF THE CITY OF CALDWELL TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE AREA TO BE ANNEXED WITH CANYON COUNTY, STATE OF IDAHO AND THE IDAHO STATE TAX COMMISSION, PURSUANT TO IDAHO CODE, SECTION 63 -2219. MOVED by Hopper, SECONDED by Dakan to waive the three reading process and pass Bill No. 4 on its first reading. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Blacker, and Oates. Those voting no: none. Absent and /or not voting: Wells. MOTION CARRIED MOVED by Hopper, SECONDED by Dakan to sponsor Bill No. 4 and pass on the first reading and approve the summary for publication. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Blacker, and Oates. Those voting no: none. Absent and /or not voting: Wells. MOTION CARRIED (CONTINUATION OF PUBLIC HEARING [LEGISLATIVE] ON CASE NO. OA- 49 -03, A REQUEST BY THE COMMUNITY DEVELOPMENT DIRECTOR AND PLANNING AND ZONING COMMISSION FOR MODIFICATION TO THE CALDWELL COMPREHENSIVE PLAN TEXT) Mayor requested that Council consider moving this item to Number 2 under Old Business as there were individuals in attendance that were waiting to hear this. However, it is Steve Hasson's, Community Development Director, intent to continue this to March 1" at 7:00 p.m. The Mayor declared this item continued and open. MOVED by Ozuna, SECONDED by Hopper to continue this Public Hearing to a time and date certain, which is March 1, 2004 at the Regular City Council Meeting. Roll call vote. Those voting yes: Ozuna, Dakan, Blacker, Oates, and Hopper. Those voting no: none. Absent and/or not voting: Wells. MOTION CARRIED (CONTINUE PUBLIC HEARING [QUASI- JUDICIAL] ON CASE NO. SUB- 94P -03 [NEWBURY ESTATES], A REQUEST BY IFI PARTNERS II FOR PRELIMINARY PLAT APPROVAL OF 51 RESIDENTIAL LOTS AND 5 COMMON AREA LOTS IN AN R -1 ZONE) The Mayor stated that this public hearing was opened at the last Council Meeting. Council directed staff to try to bring back a resolution tonight to move this plat forward. The hearing was continued during the public testimony portion of the hearing. The Mayor declared this public hearing continued and open. Steven Hasson, Community Development Director, 621 Cleveland Blvd., acknowledged being sworn in and gave the staff report. He noted that the outstanding item at the end of discussion was the construction of a bridge from Mr. Evans' development, across Phyllis Canal, to the adjoining property to the east for purposes of providing connectivity. After negotiating with Mr. Evans they have come to an agreement. Hasson noted that the agreement is reliant upon a road trust fund. The City has not established this type of funding strategy. Hasson noted that they have constructed a resolution that would accomplish the construction of a special funds and trust account. He stated that they would ask that Council accept this resolution as a means to establish a trust account that would accomplish the agreement between the City and Mr. Evans regarding Newberry Estates and the construction of a bridge or possibly the construction of a pedestrian bridge. Hasson stated that this resolution is patterned after a resolution that ACHD has used for over 25 years. The resolution has been reviewed by Council and the Budget Director. It provides for a mechanism for placing monies to build this bridge at a future date in the event development occurs neat door. The terms of this agreement are in ten years. If nothing occurs within ten years, the money would be refunded to Mr. Evans along with any interest. Hasson added that they would also ask that this resolution not only serve the purpose of Mr. Evans in this one instance but be adopted as a funding vehicle for the City to rely upon. Hasson referred to a map and pointed out the area they are dealing with. Hasson stated that this appears to be a win - win situation for the developer and the City. The Mayor titled the Resolution "Special Funds in Trust' as Item CC -1004. The Mayor noted that Councilman Wells has arrived and Councilman Oates will not participate in discussion on this item in respect for the fact that he was absent at the last meeting. John Evans, 5699 North Riffle Way, Garden City, acknowledged being sworn in and stated that Mr. Hasson had captured the essence of the agreement and he appreciates staff's hard work. He stated that he thinks it worked out well and his concerns regarding the down side to commercial development to the east have been met. The Mayor asked Evans if he is in agreement with the resolution as it is written. Evans stated that he is in agreement. Councilman Hopper thanked Mr. Evans for working with the City on this since it is a unique situation and was a little painful to get through. MOVED by Dakan, SECONDED by Hopper to close the public testimony portion of this Public Hearing. Roll call vote. Those voting yes: Dakan, Blacker, Hopper, and Ozuna. Those voting no: none. Absent and/or not voting: Wells and Oates. MOTION CARRIED EVIDENCE LIST: The Mayor presented the Evidence List: Staff Report; sign -up sheets; preliminary plat; staff report; CC -1000 (a map of the area); CC -1001 (copy of the Caldwell Zoning Ordinance); CC -1002 (colored map of Four Seasons Subdivision); CC -1003 (a map of Newbury); and CC -1004 (Resolution entitled "Special Funds in Trust. MOVED by Hopper, SECONDED by Blacker to approve the Evidence List as presented by the Mayor. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, and Blacker. Those voting no: none. Absent and/or not voting: Wells and Oates. MOTION CARRIED COMPREHENSIVE PLAN ANALYSIS: MOVED by Hopper, SECONDED by Blacker to adopt the Comprehensive Plan Analysis as outlined in the staff report. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, and Blacker. Those voting no: none. Absent and/or not voting: Wells and Oates. MOTION CARRIED FINDINGS OF FACT: MOVED by Hopper, SECONDED by Blacker to approve the general facts outlined in the Staff Report, the public testimony that was given this evening and at the previous hearing, the evidence list as presented, and the fact that there was no testimony in opposition to the subdivision. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, and Blacker. Those voting no: none. Absent and/or not voting: Wells and Oates. MOTION CARRIED CONCLUSIONS OF LAW: MOVED by Ozuna, SECONDED by Blacker that the Caldwell City Council has the authority to hear this request and to make the decision to approve or deny, the public hearing was noticed and heard within the guidelines of applicable codes and ordinances. Roll call vote. Those voting yes: Ozuna, Dakan, Blacker, and Hopper. Those voting no: none. Absent and/or not voting: Wells and Oates. MOTION CARRIED Hasson stated that there are 34 conditions that would go along with the subdivision. There are three that were at issue. Hasson read conditions 8.12, 8.15, and 8.34. Hasson stated that 8.12 and 8.15 have been satisfied and 8.34 will be deleted. ORDER OF DECISION: MOVED by Hopper, SECONDED by Blacker that based upon the Findings of Fact and the Conclusion of Law, the Caldwell City Council orders that Case No. SUB- 94P -03, a request for preliminary plat approval of Newbury Estates which consists of 51 single family residential lots and 5 common area lots is approved with the conditions mentioned in the Staff Report and with the deletion of condition 8.34 and the fact that conditions 8.12 and 8.15 have been satisfied with the agreement that will be forthcoming with the Resolution to establish a trust fund for the possible future construction ofthose amenities is approved. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, and Blacker. Those voting no: none. Absent and/or not voting: Wells and Oates. MOTION CARRIED MOVED by Hopper, SECONDED by Dakan to close the Public Hearing. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, and Blacker. Those voting no: none. Absent and/or not voting: Wells and Oates. MOTION CARRIED (CONTINUATION OF PUBLIC HEARING TO CONSIDER BILL NO. 3 [ORDINANCE NO. 24891, AMENDING MUNICIPAL CODE, ARTICLE 3 TO CHAPTER 13, REFERRED TO AS "THE CALDWELL PUBLIC WORKS CONSTRUCTION STANDARDS ORDINANCE ") The Mayor stated that this item was continued to allow for written testimony to be submitted to the Engineering Department. The Mayor declared the public hearing continued and open. Ben Weymouth, Assistant City Engineer, 621 Cleveland Blvd., gave the staff report. He noted that Council had received a memorandum dated February 11, 2004 that has a proposed ordinance in it. That ordinance has been revised since February 2 °d . The City Attorney made a few language changes and there is also a clause added to allow a fee to be charged to recoup the costs in producing the standards. The Ordinance is followed by a summary titled "City of Caldwell Supplemental Specifications" ( ISPWC). Weymouth stated that they took the comments they received and reduced the substantial ones to one written document. Weymouth noted that they included only content related comments in the summary Council received. Those comments do have recommendations from the Engineering Department. He stated that they either recommend no revision and state the reasoning why or they recommend revision and state what they think it should be. Weymouth submitted the summary for the record. Weymouth stated that he doesn't see a need to continue this public hearing on further. He noted that no one has showed up at the public hearings while they did all they could to advertise it during the formal review period in December and January. Weymouth noted that there have been a few changes since the last public hearing. DEQ is requiring adoption of the 2003 ISPWC to qualify for fast track. Weymouth stated that everything they have prepared is based on 2002. He noted that they prepared a two -page summary dated February 16"'. If Council approves those modifications it would allow them to adopt the 2003 ISPWC and the supplemental specifications based on the 2003 edition. Weymouth recommended that Council approve adoption of the 2003 ISPWC as revised per the comments and also adopt the supplemental specification as revised per the comments dated February 16"' and approve the ordinance with the recommended revision to change the language to 2003. On March 1" at the Regular City Council Meeting they will bring back the documents reflecting the revisions for final approval. The Mayor stated that Council appreciates Engineering's hard work on this. He noted that he thinks the development community is excited about these changes. This is currently a 10 to 12 week process. If we get qualified for fast track it is three weeks. Councilman Dakan stated that these rules are going to be much easier to understand and implement. MOVED by Dakan, SECONDED by Hopper to close the public testimony of the Public Hearing. Roll call vote. Those voting yes: Dakan, Wells, Blacker, Oates, Hopper, and Ozuna. Those voting no: none. Absent and /or not voting: none. MOTION CARRIED MOVED by Dakan, SECONDED by Hopper to approve the recommendations as made by Ben Weymouth in his testimony. Roll call vote. Those voting yes: Dakan, Wells, Blacker, Oates, Hopper and Ozuna. Those voting no: none. Absent and /or not voting: none. MOTION CARRIED NEW BUSINESS (PUBLIC HEARING [QUASI - JUDICIAL] ON CASE NO. ZON- 36 -03, A REQUEST BY SALVADOR MORFIN TO REZONE FROM M -1 [LIGHT INDUSTRIAL] TO C -1 [NEIGHBORHOOD COMMERCIAL] ZONE [INCLUDING A DEVELOPMENT AGREEMENT] LOCATED ON THE SOUTHEAST CORNER OF NORTH 5 TH AVENUE AND BELMONT STREET) The Mayor explained the quasi - judicial process. The City Clerk swore in staff members and those signed up to speak at this public hearing as well as the following public hearings this evening. Steve Hasson, Community Development Director, 621 Cleveland Blvd., acknowledged being sworn in and gave the Staff Report. He noted that Mr. Morfin desires to establish a small restaurant on the parcel that would seat about 20 people and also a retail space and a storage space. If this rezone is approved it would be subject to a map amendment because the underlying Comprehensive Plan identifies it as industrial. There would also be a development agreement to outline the terms and conditions. Hasson noted that this item was before the Planning and Zoning Commission. At that time, there was a special use permit that went with the application. The permit was granted contingent upon a rezone. This land has had both commercial and industrial uses. Hasson stated that he does not believe the rezoning of this land would constitute a spot zone. The only requirement placed on this property is that the applicant has to pave the alleyway on the South side. They were given three years to do that. They also have to close off the driveway located closest to 5"' Avenue on Belmont. Hasson noted that Darrell Mayes suggested in the application that the site be subject to a change of use review. Hasson noted that it is a pretty straightforward application and it has been a pleasure working with the applicant. Councilman Wells asked about the letters in opposition. Hasson stated that those came forward as a general concern about what it would mean to change the parcel from industrial to commercial. They wondered if it would mean there would be a lot of uses that would affect their property valuation. Planning and Zoning took that under advisement and approved it but did not speak directly to it because it was more a matter of rezone. One of the individuals who attended the Planning and Zoning hearing had alluded to the idea that it was a spot zoning. Hasson stated that, in reviewing the property, it doesn't fit a spot zoning and it is compatible with surrounding land uses. Councilman Wells asked if they should review the opposition letters in the staff report as part of the zone change request. Hasson read the letters from West Farm Foods and Casa Valdez, Inc. into the record expressing their concerns about this rezone. The Mayor titled the West Farm Foods letter Item CC -1000 and the letter from Casa Valdez, Inc. Item CC -1001. Councilman Wells stated that he doesn't think the number of employees of Casa Valdez, Inc. is an issue and the spot zoning issue has been addressed. He stated that he can't see how the City can allow indemnification of adjacent property by the use of this parcel. He also stated that he assumes the use of this property from an M -1 to C -1 would be similar as far as traffic generation. Hasson stated that the most important thing is that it is currently an M -1, which is fairly intensive land use. There are a lot of things that are afforded in the way of land use opportunities in M -1. C- 1 is the least intensive commercial zone, so there is a lot less opportunity for intensive uses ofthe property if it is down zoned to C -1. Councilman Wells stated that he assumes that there will be a certain amount of noise and odor associated with the factories that are on either side of this. He asked if the applicant recognizes this. Hasson stated that the Planning and Zoning Commission addressed the issue of hours of operation and limited them to 11 a.m. to 11 p.m. The Mayor stated that the underlying zone will determine what the process should be for due process. He stated that he believes that most of these questions are already answered by the inherent document that has already been adopted by the City of Caldwell. Ernesto Berumen, PO Box 561, Nampa, acknowledged being sworn in and stated that any concerns that were brought up in the opposition letter have been addressed by Planning and Zoning and he believes they put a process into the development agreement that will limit the concerns of the neighboring property owners. The issues of traffic and noise were addressed and the Planning and Zoning Commission was made aware that the property does operate as a mobile taco wagon. He stated that there is a customer base there already and they don't see an increase or decrease occurring with that. The Mayor asked Berumen if he is agreeable to the conditions in the staff report. Berumen stated that he and Mr. Morfin are in agreement with the development agreement. MOVED by Hopper, SECONDED by Dakan to close the public testimony portion of this Public Hearing. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, Blacker, and Oates. Those voting no: none. Absent and /or not voting: none. MOTION CARRIED EVIDENCE LIST: The Mayor presented the Evidence List: Staff Report, sign -up sheets, CC -1000 (letter from West Farm Foods), and CC -1001 (letter from Casa Valdez, Inc.). MOVED by Hopper, SECONDED by Blacker to approve the Evidence List as presented by the Mayor. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, Blacker, Oates, and Hopper. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED COMPREHENSIVE PLAN: MOVED by Hopper, SECONDED by Blacker to adopt the Comprehensive Plan Analysis as presented in the Staff Report under Roman numeral V. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, Blacker, and Oates. Those voting no: none. Absent and /or not voting: none. MOTION CARRIED 1010,11]1►[fi.=01M41I MOVED by Hopper, SECONDED by Dakan to approve the general facts outlined in the Staff Report, the public testimony that was given this evening, the Evidence List, and the fact that the applicant agreed to the development agreement items as noted in the staff report. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, Blacker, and Oates. Those voting no: none. Absent and /or not voting: none. MOTION CARRIED CONCLUSIONS OF LAW: MOVED by Ozuna, SECONDED by Hopper that the Caldwell City Council has the authority to hear this request and to make the decision to approve or deny, the public hearing was noticed and heard within the guidelines of applicable state codes and local ordinances. Roll call vote. Those voting yes: Ozuna, Dakan, Wells, Blacker, Oates, and Hopper. Those voting no: none. Absent and /or not voting: none. MOTION CARRIED ORDER OF DECISION: MOVED by Hopper, SECONDED by Blacker that based upon the Findings of Fact and the Conclusion of Law, the Caldwell City Council orders that Case No. ZON- 36 -03, a request by Salvador Morfin to rezone Lots 21 through 24 in Block 68 of Caldwell Original Townsite from M -1 (light industrial) to C -1 (neighborhood commercial) to include a development agreement as specified in the Staff Report and directing changes to the Comprehensive Land Plan Map to indicate the change from industrial to commercial is approved. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, 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. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, Blacker, and Oates. Those voting no: none. Absent and /or not voting: none. MOTION CARRIED (PUBLIC HEARING [QUASI - JUDICIAL] ON CASE NO. SUB- 59(2)F -01, A REQUEST BY ROCKY RIDGE CONSTRUCTION FOR FINAL PLAT APPROVAL OF STONE CREEK SUBDIVISION 42 OF 58 RESIDENTIAL LOTS AND 2 COMMON LOTS IN AN R -2 ZONE) The Mayor asked if there was anyone who had not signed up for this public hearing that wished to do so now. Joan Johnson, Planner, 621 Cleveland Blvd., acknowledged being sworn in and gave the Staff Report. She noted that the applicant has to provide an estimate of costs for completion of construction and a bonding amount. She stated that she received notification from the Engineering Department today that they have agreed upon a bonding amount of $9,900 for the remaining construction items. William Mason, representing Earl, Mason, and Stanfield, Inc., 314 Badiola Street, acknowledged being sworn in and stated that his client could not be here tonight but they were agreeable to the $9,900 bonding amount. They are out of town right now but will get the bond in place when they return. MOVED by Wells, SECONDED by Hopper to close the public testimony portion of the Public Hearing. Roll call vote. Those voting yes: Wells, Blacker, Oates, Hopper, Ozuna, and Dakan. Those voting no: none. Absent and /or not voting: none. MOTION CARRIED EVIDENCE LIST: The Mayor presented the following as evidence: Sign -up sheets; Staff Report; and the final plat. MOVED by Hopper, SECONDED by Blacker to adopt the evidence list as presented by the Mayor. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, Blacker, and Oates. Those voting no: none. Absent and /or not voting: none. MOTION CARRIED FINDINGS OF FACT: MOVED by Hopper, SECONDED by Blacker to submit as findings of fact the facts as outlined in the staff report, the public testimony given this evening, the evidence list as previously approve, and the fact that there was no testimony in opposition to the applicant. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, Blacker, and Oates. Those voting no: none. Absent and /or not voting: none. MOTION CARRIED CONCLUSIONS OF LAW: MOVED by Ozuna, SECONDED by Hopper that the Caldwell City Council has the authority to hear requests on final plats and to make the decision to approve or deny. The public hearing was noticed and conducted within the guidelines of applicable state codes and local ordinances. Roll call vote. Those voting yes: Ozuna, Dakan, Wells, Blacker, Oates, and Hopper. Those voting no: none. Absent and /or not voting: none. MOTION CARRIED ORDER OF DECISION: MOVED by Hopper, SECONDED by Blacker that based upon the Findings of Fact and Conclusions of Law, the Caldwell City Council orders that Case No. SUB- 59(2)F -01, Stone Creek No. 2, a request by Rocky Ridge Construction/Jeff Sherburne for final plat approval to develop 58 residential lots and three common -area lots on approximately 11.39 acres is approved. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, 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. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, Blacker, and Oates. Those voting no: none. Absent and /or not voting: none. MOTION CARRIED (PUBLIC HEARING [QUASI - JUDICIAL] ON CASE NO. SUB- 71(1)F -02, A REQUEST BY DVYER DEVELOPMENT, LLC FOR FINAL PLAT APPROVAL OF ASPENS SUBDIVISION 41 OF 79 RESIDENTIAL LOTS AND 6 COMMON LOTS IN AN R -1 ZONE) The Mayor declared the Public Hearing open. Joan Johnson, Planner, 621 Cleveland Blvd., acknowledged being sworn in and gave the Staff Report. She noted that the developer has indicated that Aspens Subdivision will be developed in five phases. The applicants will be required to put up bonding. Johnson indicated that she received notification from Engineering that they have agreed upon a bonding amount for this phase of $93,552. Kevin Amar, 114 E. Idaho, Suite 230, Meridian, acknowledged being sworn in and stated that the majority of the bonding amount is for fencing and landscaping. He noted that, regarding Pioneer Irrigation District, they have a signed operations and maintenance agreement and started construction today. Councilman Wells asked if the remainder of the irrigation is on the bonding list. Amar stated that it is not on the bonding list because it is not something the City can control. He noted that the on -site work is done and has been inspected by Pioneer's representative. The only thing they need to construct is the irrigation pump station. Councilman Wells stated that he just wanted to make sure they don't run into a problem with that not being completed. The Mayor asked Gordon Law if this is standard procedure for an irrigation system. Law stated that if the construction is complete it isn't bonded for but if it is not complete, then it needs to be bonded for. Amar stated that they can bond for the pump construction. MOVED by Hopper, SECONDED by Ozuna to close the public testimony portion ofthe Public Hearing. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, Blacker, and Oates. Those voting no: none. Absent and /or not voting: none. MOTION CARRIED EVIDENCE LIST: The Mayor presented the following as evidence: Sign -up sheets; Staff Report; and the final plat. MOVED by Hopper, SECONDED by Dakan to accept the evidence list as presented by the Mayor. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, Blacker, and Oates. Those voting no: none. Absent and /or not voting: none. MOTION CARRIED FINDINGS OF FACT: MOVED by Hopper, SECONDED by Oates to submit as findings of fact the facts as outlined in the staff report, testimony given this evening, the evidence list as presented and approved, and the fact that there was no testimony in opposition to the applicants submission. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, Blacker, and Oates. Those voting no: none. Absent and /or not voting: none. MOTION CARRIED CONCLUSIONS OF LAW: MOVED by Ozuna, SECONDED by Hopper that the Caldwell City Council has the authority to hear requests on final plats and to make the decision to approve or deny. The public hearing was noticed and conducted within the guidelines of applicable codes and ordinances. Roll call vote. Those voting yes: Ozuna, Dakan, Wells, Blacker, Oates, and Hopper. Those voting no: none. Absent and /or not voting: none. MOTION CARRIED ORDER OF DECISION: MOVED by Hopper, SECONDED by Blacker that based upon the Findings of Fact and Conclusions of Law, the Caldwell City Council orders that Case No. SUB- 71(1)F -02, (Aspens Subdivision No. 1), a request by Dyver Development for final plat approval to develop 79 residential lots and 6 common -area lots is approved and the bonding amount needs to include the pump station construction costs. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, Blacker, and Oates. Those voting no: none. Absent and /or not voting: none. MOTION CARRIED MOVED by Dakan, SECONDED by Hopper to close the Public Hearing. Roll call vote. Those voting yes: Dakan, Wells, Blacker, Oates, Hopper, and Ozuna. Those voting no: none. Absent and /or not voting: none. MOTION CARRIED (FINANCE AND HUMAN RESOURCE REPORTS) Councilman Blacker reported that the Finance Committee has reviewed current accounts payable in the amount of $805,972.90 for the period ending February 6, 2004 and a net payroll of $196,557.02 for the pay period ending January 24, 2004. MOVED by Blacker, SECONDED by Wells that accounts payable in the amount of $805,972.90 represented by check numbers 18988 through 19231 and the total payroll for the amount of $196,557.02 represented by check numbers 4445 through 4526 be accepted, payments approved, and vouchers filed in the Office of the City Clerk. Roll call vote. Those voting yes: Blacker, Oates, Hopper, Ozuna, Dakan, and Wells. Those voting no: none. Absent and /or not voting: none. MOTION CARRIED (COUNCIL COMMENTS) Councilman Blacker stated that there was some concern about the business retention with CEDC. He noted that that is a very minute portion of what they do. They are trying to see 10 to 20 businesses per month, which will stop when the Chamber gets back up to speed. Councilman Oates stated that he had a letter to the editor published a couple of weeks ago. The editors of the newspaper identified him as a council member implying that he had written the letter as a council member. He stated that he actually wrote it as a private individual. The editor assured him that there would be some sort of public statement about policy when people in public positions make statements to the paper. He apologized to the Council if their character was besmirched by his comments in the paper. Councilman Hopper stated that he is hosting one of the teams of the Girls' State Tournament. He stated that he represented the Mayor last week in a meeting with Senator Crapo's office and the Army Corps of Engineers to try to work out the funding issues the Corps has run across. (MAYOR'S COMMENTS) The Mayor thanked Council for filling in while he attended a funeral in Wyoming. The Mayor asked Councilman Wells to consider serving on the DEQ board. There is a Lincoln Day Celebration tomorrow night in Nampa at the Civic Center. The YMCA steering committee will be meeting at 4:00 p.m. on February 24 th . There is a Smart Growth meeting at St. Alphonsus at 7:30 a.m. on February 24 t h. The Economic Development Board Council Meeting will be at noon at Neil Murphy's law office. At noon on February 26 there will be an event honoring Archie Stradley at the Kiwanis Club. A 6Lm� � rv all 1 -i I Ll