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HomeMy WebLinkAbout2002-07-01city council minutesBook 43 REGULAR MEETING JULY 1, 2002 7:00 P.M. The Meeting was called to order by Mayor Nancolas. Page 126 The Invocation was offered by Reverend Phil Bohlken. The Mayor requested 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: Ozuna, Dakan, — Wells, Blacker, Callsen and Hopper, Absent: none. SPECIAL PRESENTATIONS. There were no presentations at this time. The Mayor did recognize John Evans, a City Council Member from Garden City. ADDITIONS OR DELETIONS TO THE AGENDA. MOVED by Ozuna, SECONDED by Hopper to move Item No. 3 from the Consent Calendar and include it under New Business as Item No IA. Roll call vote. Those voting yes: Ozuna, Dakan, Wells, Blacker, Callsen, and Hopper. Those voting no: none. Absent and not voting: none. MOTION CARRIED MOVED by Ozuna, SECONDED by Hopper to approve the Agenda as amended. Roll call vote. Those voting yes: Ozuna, Dakan, Wells, Blacker, Callsen, and Hopper. Those voting no: none. Absent and not voting: none. MOTION CARRIED AUDIENCE PARTICIPATION. Since there was no one from the audience who cared to address the City Council at this time, the Mayor declared that the Meeting would continue as outlined. CONSENT CALENDAR: The Mayor presented the following items on the Consent Calendar for the City Council to consider: I. Dispense with the reading of the minutes of the June 17, 2002 Regular City Council Meeting and approve as written; 2. Approve acceptance of the minutes of the Historic Preservation Commission Meeting of May 8,2002- 3. Approve granting an easement to Idaho Power Company for the purpose of constructing, operating and maintaining an underground power line and transformer to supply Hangar Rows B, C, D, M, and N at Caldwell Industrial Airport; 4. Approve appointment of John English to the Citizen's Advisory Committee; 5. Approve Orders of Decision on Case Nos. SUB- 55(3)F -00 (Delaware Park Sub. No. 1, Unit No. 3); SUB- 51(3)F -01 (Southpark Sub. No. 2, Unit No. 3); and VAC -08 -02 (Canyon County easement vacation); 6. Approve Resolution to cancel Airport Lease Agreement with Ray Friend and Resolution to approve Airport Lease Agreement with Tracy Barrus; 7. Approve request that $5,000 of contingency money be made available for building of the Friends of Indian Creek Organization. MOVED by Hopper, SECONDED by Callsen to approve the Consent Calendar as presented by Mayor Nancolas. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, Blacker, and Callsen. Those voting no: none. Absent and not voting: none, MOTION CARRIED OLD BUSINESS (CONSIDER BILL NO. 18 REGARDING CALDWELL HISTORIC PRESERVATION COMMISSION AMENDING CALDWELL CITY CODE, ARTICLE 17, WITH REQUEST TO WAIVE THE RULES AND PASS ON THE FIRST READING) The Mayor presented Bill No. 18 with regard to the Historic Preservation Commission amendment to the City Code. He noted that there was a request to waive the rules and pass the Bill on the first reading. He read the Bill by title only as follows: Book 43 Page 127 AN ORDINANCE TO AMEND CHAPTER 2 OF THE MUNICIPAL CODE OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO, REGARDING REPEALING ARTICLE 17, HISTORIC PRESERVATION COMMISSION IN ITS ENTIRETY, AND ADOPTING ARTICLE 17, CALDWELL HISTORIC PRESERVATION COMMISSION, SECTIONS OI -33. MOVED by Hopper, SECONDED by Blacker 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: Hopper, Ozuna, Dakan, Wells, Blacker, and Callsen. Those voting no: none. Absent and not voting: none. MOTION CARRIED MOVED by Hopper, SECONDED by Callsen that Bill No. 18 be passed and entitled Ordinance No. 2422 after the one reading by title only. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, Blacker, and Callsen. Those voting no: none. Absent and not voting: none. MOTION CARRIED NEW BUSINESS (RECOMMENDATION FROM THE FIRE CHIEF FOR THE BID REGARDING FIRE STATION No. 2) The Mayor explained that this item on the Agenda was to discuss a recommendation fi-om the Fire Chief regarding the bid opening that took place today for Fire Station No. 2. Bruce Allcott, the Fire Chief, was recognized and explained briefly the process they followed in bidding this project. Instead of using a general contractor or a construction manager, the City was actually doing the supervision of the project so has broken down the bid packages by sub- contractors in a way that will maximize the use of City taxpayer's dollars. Most of the bids were for labor and the City will be submitting bids for some of the part's packages although the lumber and those kinds of things will be bid out separately as will some of the electrical and plumbing supplies. There was also a number of the packages that were not bid and they would be asking Council for direction on how they should proceed. The other action would be to approve those recommended for acceptance. He proceeded with the review of the bid abstract. Bid Package No. I - Quality Control, no bid was received. No. 2, Site Construction - low bidder was Daystar Excavating, Inc., $53,831 and they felt their bid was a responsive bid and would recommend that it be accepted. Bid Package No. 2a, Asphalt Paving — no bid received. Bid Package No. 2b — Curb, gutter, miscellaneous concrete — low bidder was Top Concrete Construction, Inc. which appeared to be a responsive bid in the amount of $14,023 and would recommend it be accepted. Bid Package No. 2c for fencing — the low bidder was D & W All Types Fencing, Inc. for $8,815 and would recommend acceptance. Bid Package No. 3, Concrete and Reinforcement — the request to Council would be to reject the two bids received based on the fact that neither one of them addressed two of the addendums and authorize them to go out and seek contract with a responsible contractor. No bids were received for the next four packages. Bid Package No. 7a, Thermal and moisture protection — recommend the bid from Western Roofing in the amount of $4,300. Bid Package No. 8, Overhead doors — recommend acceptance of the bid from Action Garage in the amount of $7,400. Wood Doors and Hardware was not bid at this time and fall into the category of allowing them to go out and seek contracts with responsible contractors. Bid Package No, 9a, Floor Coverings — would recommend accepting bid from Designer Floors, Inc, in the amount of $10,500. Bid Package No. 9B, Painting — recommend acceptance of bid submitted by Stockwell Paint Contractors in the amount of $14,350. Fire Protection Systems was not bid and would be as discussed previously. Bid Package No. 15a, Plumbing was bid in two different ways. It was bid out as Iabor only which was the base bid and then alternate No. 1 was to bid the parts and labor. In reviewing the bid provided by the low bidder of Inselman Plumbing and Excavating Co., Inc, we would recommend that the City accept the bid for the parts and labor together at $39,102. Bid Package No. 15b, HVAC System — would recommend acceptance of the bid from YMC, lnc. in the amount of $45,504. Bid Package No. 16, Electrical — accept bid from Trademaster in the amount of $29,943. The Mayor stated that the recommended action would be to reject both bids pertaining to Bid Package No. 3 and to accept the bid packages as outlined by the Fire Chief and direct him to go out and seek the appropriate bids for those items where no bids were received. MOVED by Dakan, SECONDED by Callsen to accept bids as presented by the Fire Chief, reject both bids pertaining to Bid Package No. 3 and direct the Chief to go out and seek appropriate bids for those items where no bids were received. Roll call vote. Those voting yes: Dakan, Wells, Blacker, Callsen, Hopper and Ozuna. Those voting no: none. Absent and not voting: none. MOTION CARRIED Book 43 Page 128 (PROTEST HEARING ON THE FORMATION OF LOCAL IMPROVEMENT DISTRICT 02 -2, L.I.D. FOR UTILITY EXTENSIONS AND CONNECTIONS WITHIN THE CITY OF CALDWELL) Mayor Nancolas stated that the next item was to consider a Protest Hearing on the formation of Local Improvement District 02 -2 which was an L.I.D. for utility extension and connection within the City of Caldwell. This was a voluntary L.I.D. The Mayor opened the Protest Hearing and asked if there was anyone signed to speak to the City Council at this time. Since there was no one signed to testify, the Mayor asked for a motion to close the Public Hearing. MOVED by Callsen, SECONDED by Ozuna to close the Protest Hearing on this Local Improvement District. Roll call vote. Those voting yes: Callsen, Hopper, Ozuna, Dakan, Wells, and Blacker. Those voting no: none. Absent and not voting: none. MOTION CARRIED (CONSIDER BILL NO. 27 TO FORM LOCAL IMPROVEMENT DISTRICT 02 -2 WITH REQUEST TO WAIVE THE RULES AND PASS BILL NO. 27 AFTER THE ONE READING BY TITLE ONLY) The Mayor explained that this Bill was the companion document for the formation of Local Improvement District 02 -2. He read the Bill by title only as follows: AN ORDINANCE OF THE CITY OF CALDWELL, IDAHO, CREATING LOCAL IMPROVEMENT DISTRICT NO. 02 -2 FOR CALDWELL, IDAHO, FOR CITY SEWER AND WATER CONNECTIONS WITHIN SAID CITY; PROVIDING FOR THE LEVYING OF ASSESSMENTS UPON THE PROPERTY TO BE BENEFITED BY SUCH IMPROVEMENTS AND FOR THE BASIS OF MAKING SAID ASSESSMENTS; SETTING FORTH THE PROPERTIES TO BE INCLUDED IN SAID DISTRICT; PROVIDING FOR MAKING THE ASSESSMENT ROLL; AUTHORIZING THE PUBLICATION OF A CALL FOR CONSTRUCTION. MOVED by Hopper, SECONDED by Blacker 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: Hopper, Ozuna, Dakar, Wells, Blacker, and Callsen. Those voting no: none. Absent and not voting: none. MOTION CARRIED MOVED by Hopper, SECONDED by Blacker that Bill No. 27 be passed and entitled Ordinance No. 2431 after the one reading by title only. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, Blacker, and Callsen. Those voting no: none. Absent and not voting: none. MOTION CARRIED (PUBLIC HEARING (QUASI- JUDICIAL) ON CASE NO. ANN- 73 -02, A REQUEST BY IFI PARTNERS If FOR APPROVAL TO ANNEX APPROXIMATELY 30.41 ACRES INTO THE CITY AS AN R -I (SINGLE FAMILY RESIDENTIAL) ZONE, TO INCLUDE A DEVELOPMENT AGREEMENT) Mayor Nancolas stated that the next item was a quasi- judicial Public Hearing on Case No. ANN - 73-02, a request by IFI Partners II for approval to annex approximately 30.41 acres into the City as an R -1 Zone to include a Development Agreement. The Mayor explained the process and then opened the Public Hearing. The Mayor requested that all of those in the audience who were signed to testify to please stand and they would be sworn in by the Clerk. Steve Hasson, the Community Development Director, presented the Staff Report stating that this request for annexation was by IFI Partners. The managing partner in this organization was Mr. John Evans and be was requesting this annexation on behalf of the partnership. The request was for the annexation of approximately 30.41 acres into the City of Caldwell with a designation of R- 1, which was a single family residential zone. Mr. Hasson pointed out the area on a map for the benefit of Council. As we bring properties into the City, there were requirements they must meet. They must be contiguous to the City of Caldwell, it must be within the City's Area of Impact and a Development Agreement. This applicant complies with all three of these requirements. John Evans, 5699 North Riffle Way in Garden City, was recognized by the Mayor and stated that he really had nothing to say at this time. The Staff Report by Mr, Hasson accurately reflects the application, but he would stand for any questions. Ed Pemble, 218 Hilldrop Street in Caldwell was recognized by the Mayor. Mr. Pemble informed them that he was within the Area of Impact. Currently, all of the homes that were below the Book 43 Page 129 Phyllis Canal receive their irrigation through a series of four gates. Each week the residents of that neighborhood have to open up the gates and clean out the debris in order to get water. With the new subdivision, who would be responsible for this and would they have access to all of those areas. Mr. Evans answered that they would certainly have to maintain access so people can get their water. As we proceed through the development process and actually have the plan, that would be the appropriate time to address the specific issues. The Mayor further said that the irrigation districts were required to deliver water. We make sure that those conditions were met and the Engineering does a very close review job of working with the developer to make sure those conditions were mot. Jerry Jackson, 3407 Sunset, indicated that he did not have any questions at this tine. David Goebel, 219 HilIdrop Street in Caldwell was recognized and stated that he did have a question about time lines. He wondered when they anticipated to have the preliminary plat development plan for public review. Mr. Evans indicated that it was his intention to have a preliminary plat submitted within 30 days. Ms. Johnson, Community Development Planner, stated that it would be about 60 days after the 30 day period. Jerry Jackson, 3407 Sunset, was recognized and asked if the roads would be a part of the process as well. The Mayor stated that this was correct. The action tonight would be for Council to determine if the land was an appropriate candidate to be annexed into the City. Mr. Hasson also noted that the Development Agreement would address a number of these concerns. After further discussion, the Mayor asked for a motion to close the public testimony. MOVED by Hopper, SECONDED by Blacker to close the public testimony portion of the Hearing. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, Blacker, and Callsen. Those voting no: none. Absent and not voting: none. MOTION CARRIED EVIDENCE LIST: Mayor Nancolas presented the Evidence List as follows: The City of Caldwell Zone Map, the sign up sheets, and the Staff Packet. MOVED by Ozuna, SECONDED by Hopper to approve the Evidence List as presented by the Mayor. Roll call vote. Those voting yes: Ozuna, Dakan, Wells, Blacker, Callsen, and Hopper. Those voting no: none. Absent and not voting: none, MOTION CARRIED COMPREHENSIVE PLAN ANALYSIS: MOVED by I-Topper, SECONDED by Blacker to accept the Comprehensive Plan Analysis as outlined in the Staff Report, No. 5. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, Blacker, and Callsen. Those voting no: none. Absent and not voting: none. MOTION CARRIED FINDINGS OF FACT: Councilman Hopper stated that he would accept as Findings of Fact the information outlined in the Staff Report and the exhibits submitted today as well as the general testimony received tonight and the fact that there were no objections to annexation of this parcel into the City of Caldwell. Councilwoman Ozuna added that the property was contiguous to the City of Caldwell and was within the Area of Impact. MOVED by Hopper, SECONDED by Blacker to approve the Findings as presented. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, Blacker, and Callsen. Those voting no: none. Absent and 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 for annexation and to approve or deny; the hearing was legally noticed and conducted within the guidelines of applicable codes and ordinances. Book 43 Page 130 Roll call vote. Those voting yes: Ozuna, Dakan, Wells, Blacker, Callsen, and Hopper. Those voting no: none. Absent and not voting: none. MOTION CARRIED ORDER OF DECISION: MOVED by Hopper, SECONDED by Callsen that based on the Findings of Fact and Conclusions of Law, the Mayor and City Council order that Case No. ANN- 73 -02, a request by IFI PartnersIl to annex approximately 30.41 acres into the City of Caldwell as a R -1 (Single Family Residential) zone, to include a Development Agreement as outlined in the Staff Report was approved. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, Blacker, and Callsen. Those voting no: none. Absent and not voting: none. MOTION CARRIED MOVED by Callsen, SECONDED by Hopper to close the Public Hearing. Roll call vote. Those voting yes: Callsen, Hopper, Ozuna, Dakan, Wells, and Blacker. Those voting no: none. Absent and not voting: none. MOTION CARRIED (PUBLIC HEARING (QUASI - JUDICIAL) ON CASE NO. ANN- 7I -02, A REQUEST BY HARVEY AND BRENDA HUDGENS, TO ANNEX APPROXIMATELY 5.11 ACRES INTO THE CITY AS A M -1 (LIGHT INDUSTRIAL) ZONE, TO INCLUDE A DEVELOPMENT AGREEMENT) Mayor Nancolas informed Council that the next item on the Agenda was Case No. ANN- 71 -02, a request by Harvey and Brenda Hudgens to annex approximately 5.11 acres into the City as a M -I (Light Industrial) Zone. The Hearing will follow the same process and procedure as the last Hearing. The Mayor opened the Public Hearing and asked Mr. Hasson to make the Staff Report, Steve Hasson, Community Development Director, 621 Cleveland, acknowledged that he was still under oath. This request for annexation was requested by Harvey and Brenda Hudgens. Mr. Hasson pointed out the property on a map for the benefit of Council. They have 5.11 acres of property which was contiguous to the City and within the Area of City Impact and were seeking an M -I Zone. This was consistent with the Airport and the surrounding environment. A Development Agreement was attached with a lot of specifics as to the uses allowed. Don Copple, 199 North Capital Blvd. in Boise was recognized by the Mayor and acknowledged that he was under oath. Mr. Copple informed the Mayor and Council that he was appearing before them on behalf of the property owners in this matter and concurred with the statements that have been made. The Development Agreement does itemize a number of uses that were consistent with the uses at the Airport. MOVED by Ozuna, SECONDED by Hopper to close the public testimony portion of the Hearing. Roll call vote. Those voting yes: Ozuna, Dakan, Wells, Callsen, and Hopper. Abstain: Blacker. Those voting no: none. Absent and not voting: none. MOTION CARRIED Councilman Blacker stated that he would also abstain on the next two items as he was Chairman of the Planning and Zoning Commission when these matters came before the Commission. EVIDENCE LIST: The Mayor asked approval of the Evidence List which included the following: the City of Caldwell zone map; the sign up sheets; and the Staff Report. MOVED by Callsen, SECONDED by Hopper to approve the Evidence List as presented by the Mayor. Roll call vote. Those voting yes: Callsen, Hopper, Ozuna, Dakan, and Wells. Abstain: Blacker. Those voting no: none. Absent and not voting: none. MOTION CARRIED COMPREHENSIVE PLAN ANALYSIS; The Mayor indicated that there was a Comprehensive Plan Analysis in the Staff Report under V and Council could accept this or establish one of their own. MOVED by Hopper, SECONDED by Ozuna to accept the Comprehensive Plan Analysis as provided in the Staff Report. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, and Callsen. Abstain: Blacker. Those voting no: none. Absent and not voting: none. MOTION CARRIED FINDINGS OF FACT: Book 43 MOVED by Hopper, SECONDED by Callsen to accept the Findings of Fact the general facts outlined in the Staff Report as well as testimony given tonight as well as testimony received at this time; the property in question was contiguous to the City Limits and was within the City's Impact Area; and no one spoke in opposition to this request Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, and Callsen. Abstain: Blacker. Those voting no: none. Absent and 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 for annexation and to approve or deny; the hearing was legally noticed and conducted within the guidelines of applicable codes and ordinances. Roll call vote. Those voting yes: Ozuna, Dakan, Wells, Callsen, and Hopper. Abstain: Blacker. Those voting no: none. Absent and not voting: none. MOTION CARRIED ORDER OF DECISION: MOVED by Hopper, SECONDED by Callsen that based on the Findings of Fact and Conclusions of Law, the Mayor and City Council order that Case No. ANN- 71 -02, a request by Harvey and Brenda Hudgens to annex approximately 5.11 acres into the City of Caldwell as M -1 (Light Industrial) zone, to include a development agreement further clarifying the terms and conditions of this annexation was approved. The Development Agreement shall be recorded as attachment to the Annexation Ordinance. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, and Callsen. Abstain: Blacker. Those voting no: none. Absent and not voting: none. MOTION CARRIED MOVED by Hopper, SECONDED by Callsen to close the Public Hearing. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, and Callsen. Abstain: Blacker. Those voting no: none. Absent and not voting: none. MOTION CARRIED The Mayor declared a five minute recess. After the five minute recess, the Regular Meeting was reopened. (PUBLIC HEARING (QUASI - JUDICIAL) ON CASE NO. ANN- 69 -02, A BEQUEST BY GERALD AND GAIL CROWNOVER, TO ANNEX APPROXIMATELY 8.93 ACRES INTO THE CITY AS A M -1 (LIGHT INDUSTRIAL) ZONE, TO INCLUDE A DEVELOPMENT AGREEMENT) Mayor Nancotas stated that the process for this Hearing would be the same as before. He declared the Public Hearing open and requested that Mr. Hasson present the Staff Report. Steve Hasson, the Community Development Director, acknowledged that he had been sworn in and presented the background information. This request has been submitted by Gerald and Gail Crownover for approval to annex about 8.93 acres into the City. He pointed out the area on a map for Council's benefit. The property was County Agricultural land; it was contiguous to the City and within the City's Impact Area. The request was for M -1, Light Industrial, and was consistent with the Airport and with the surrounding areas around the Airport. There was a Development Agreement to go with this request as well. Don Copple, 199 North Capital in Boise acknowledged that he was sworn in and was representing the Crownovers in this matter. They concur with the statements made to you by Staff and agree that the Development Agreement and the uses that were provided for were consistent with the surrounding neighborhood and hopefully, will compliment the Airport in its continuing expansion. MOVED by Callsen, SECONDED by Hopper to close the Public Testimony portion of the Hearing. Roll call vote. Those voting yes: Callsen, Hopper, Ozuna, Dakan, and Wells. Abstain: Blacker. Those voting no: none. Absent and not voting: none. MOTION CARRIED EVIDENCE LIST: The Mayor submitted to the Council for their approval the following Evidence: The zoning map; sign up sheets; and Staff Report. MOVED by Hopper, SECONDED by Callsen to approve the Evidence List as presented by the Mayor. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, and Callsen. Abstain: Blacker. Those voting no: none. Absent and not voting none. MOTION CARRIED Page 131 Book 43 Page 132 COMPREHENSIVE PLAN ANALYSIS: The Mayor indicated that the Council could accept the one outlined in their Staff Report under V or provide one of their own. MOVED by Hopper, SECONDED by Callsen to accept the Comprehensive Plan Analysis outlined in the Staff Report under V. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, and Callsen. Abstain: Blacker. Those voting no: none. Absent and not voting: none. MOTION CARRIED FINDINGS OF FACT: MOVED by Hopper, SECONDED by Ozuna to accept the general facts outlined in the Staff Report; the testimony presented tonight; there were no objections to the annexation; the fact that the property under consideration for annexation was contiguous to the City Limits and contained within the City's Impact Area. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, and Callsen. Abstain: Blacker. Those voting no: none. Absent and 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 for annexation and to approve or deny; the hearing was legally noticed and conducted within the guidelines of applicable codes and ordinances. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, and Callsen. Abstain: Blacker. Those voting no: none. Absent and not voting: none. MOTION CARRIED ORDER OF DECISION: MOVED by Hopper, SECONDED by Callsen that based on the Findings of Fact and Conclusions of Law, the Mayor and City Council order that Case No. ANN- 69 -02, a request by Gerald and Gail Crownover to annex approximately 8.93 acres into the City of Caldwell as a M -1 (Light Industrial) zone, to include a development agreement further clarifying the terms and condition of this annexation was approved. The Development Agreement shall be recorded as an attachment to the annexation ordinance. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, and Callsen. Abstain: Blacker. Those voting no: none. Absent and not voting: none. MOTION CARRIED MOVED by Hopper, SECONDED by Ozuna to close the Public Hearing. Roll call vote, Those voting yes: Hopper, Ozuna, Dakan, Wells, and Callsen. Abstain: Blacker. Those voting no: none. Absent and not voting: none. MOTION CARRIED (PUBLIC HEARING (QUASI - JUDICIAL) ON CASE NO. ANN- 70 -02, A REQUEST BY MARIANA MALDONADO, TO ANNEX APPROXIMATELY .25 ACRES INTO THE CITY AS A M -I (LIGHT INDUSTRIAL) ZONE, TO INCLUDE A DEVELOPMENT AGREEMENT) Mayor Nancolas stated that the next item was Case No. ANN- 70 -02, a request by Mariana Maldonado to annex approximately .25 acres into the City as a M -1 Zone also to include a Development Agreement. He opened the Public Hearing and asked Mr. Hasson to present the Staff Report. Steve Hasson, Community Development Director, presented the Staff Report stating that this request was similar to the last two requests for annexation. The request was from Mariana Maldonado. Her property was located on Aviation Way along the Airport. It was a small acreage and she was seeking M -1 (Light Industrial) Zone. Her property was contiguous to the City of Caldwell and was within the City's Area of Impact. The M -1 Zone was consistent with the Airport zoning and there was also a Development Agreement with this request as well. Don Copple, 199 North Capital Blvd. in Boise, acknowledged that he was sworn in. They were in accord with the statements made to you by Staff and believed it was in the best interest of both the applicant and the City to have the zone approved and the annexation. MOVED by Ozuna, SECONDED by Hopper to close the public testimony portion of the hearing. Roll call vote. Those voting yes: Ozuna, Dakan, Wells, Callsen, and Hopper. Abstain: Blacker. Those voting no: none. Absent and not voting: none. MOTION CARRIED EVIDENCE LIST: Book 43 Page 133 The Mayor presented the following as the evidence: Caldwell zoning map, sign up sheets, and the Staff Report. MOVED by Hopper, SECONDED by Callsen to accept the Evidence List as outlined. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, and Callsen. Abstain: Blacker. Those voting no: none. Absent and not voting: none. MOTION CARRIED COMPREHENSIVE PLAN ANALYSIS: The Mayor stated that Council could accept the Comprehensive Plan Analysis in the Staff Report or approve one of their own. MOVED by Hopper, SECONDED by Callsen to accept the Comprehensive Plan Analysis as outlined in the Staff Report. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, and Callsen. Abstain: Blacker. Those voting no: none. Absent and not voting: none. MOTION CARRIED FINDINGS OF FACT: MOVED by Hopper, SECONDED by Callsen to accept the general facts outlined in the Staff Report and the testimony as presented; the property was contiguous to the City and contained within the City's Impact Area and there was no opposition to the annexation. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, and Callsen. Abstain: Blacker. Those voting no: none. Absent and not voting: none. MOTION CARRIED CONCLUSIONS OF LAW: MOVED by Ozuna, SECONDED by Callsen that the Caldwell City Council has the authority to hear requests for annexation and to approve or deny; the hearing was legally noticed and conducted within the guidelines of applicable codes and ordinances. Roll call vote. Those voting yes: Ozuna, Dakan, Wells, Callsen, and Hopper. Abstain: Blacker. Those voting no: none. Absent and not voting: none. MOTION CARRIED ORDER OF DECISION: MOVED by Hopper, SECONDED by Callsen that based on the Findings of Fact and Conclusions of Law, the Mayor and City Council order that Case No. ANN- 70 -02, a request by Mariana Maldonado to annex approximately .25 acre into the City of Caldwell as M -1 Light Industrial Zone, to include a development agreement further clarifying the terms and conditions of this annexation was approved. The Development Agreement shall be recorded as an attachment to the annexation ordinance. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, and Callsen. Abstain: Blacker. Those voting no: none. Absent and not voting: none. MOTION CARRIED MOVED by Ozuna, SECONDED by Hopper to close the Public I- fearing. Roll call vote. Those voting yes: Ozuna, Dakar, Wells, Callsen, and Hopper. Abstain; Blacker. Those voting no: none. Absent and not voting: none. MOTION CARRIED (PURSUANT TO IDAHO STATE CODE, 67 -2345, A REQUEST FOR THE CITY COUNCIL TO CONVENE INTO AN EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING PERSONNEL) MOVED by Ozuna, SECONDED by Wells that pursuant to Idaho State Code, 67 -2345, that the City Council convene into an Executive Session for the purpose of discussing personnel. Roll call vote. Those voting yes: Ozuna, Dakan, Wells, Blacker, Callsen, and Hopper. Those voting no: none. Absent and not voting: none. MOTION CARRIED At the conclusion of the Executive Session, the Mayor reconvened the Regular meeting and continued with the prepared Agenda. Book 43 (FINANCIAL REPORT) Councilman Callsen reported that the Finance Committee has reviewed current accounts payable in the amount of $736,212.55 for the period ended June 26, 2002 and a net payroll of $166,833.20 for the pay period ended June 15, 2002. MOVED by Callsen, SECONDED by Hopper that accounts payable in the amount of $736,212.55 represented by check numbers 80730 through 81029 and the total payroll for the amount of $166,833.20 represented by check numbers 74946 through 75061 and direct deposit stub numbers 20505 through 20639 be accepted, payment approved, and vouchers fled in the Office of the City Clerk. Roll call vote. Those voting yes: Callsen, Hopper, Ozuna, Dakan, Wells, and Blacker. Those voting no: none. Absent and not voting: none. MOTION CARRIED (CITY COUNCIL. REPORTS) Councilman Dakan reported that the ground breaking for the new Fire Station was held. Councilman Hopper stated that he did attend the Association of Idaho Cities Convention in Pocatello and felt it was very productive and he did learn a lot. Councilman Callsen briefly commented that it was a pleasure to work with everyone on the fire negotiations. Councilman Blacker indicated that he would like to have a meeting with the Mayor. The Mayor told him to get in touch with Susan and set a time. Councilman Blacker also asked if there was an Economic Development Plan for the City available. Councilman Wells informed them that he was meeting with two developers in the morning and was getting a lot of calls regarding businesses coming into Caldwell. (MAYOR'S COMMENTS) Mayor Nancolas reported on the following: Reminded everyone of the Fourth of July Parade on Thursday and that there were a number of activities scheduled for the park; Monday, July 8 "' at 6:00 p.m. was a budget workshop at City Hall and also on July 9"` at 6:00 p.m.; July 16` was Mayor's Night at the Stampede; on July 23`" was another workshop on the budget at 6:00 p.m.; July 25"' at Noon was the Canyon County Fair opening; and he would be leaving on July 28 "' to attend the Rebuild America in New Orleans. (ADJOURN) MOVED by Ozuna, SECONDED by Hopper that since there was no further business, the Meeting be adjourned at 10:10 p.m. Roll call vote. Those voting yes: Ozuna, Dakan, Wells, Blacker, Callsen, and Hopper. Those voting no: none. Absent and not voting: none. MOTION CARRIED APPROVED AS written THIS 15th DAY OF July 2002. ATTEST: City Clerk > Deputy Mayor Page 134 a '✓, �� P �m Page 134