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CITY COUNCIL
ITEM DATE SIIBMITTED BY
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REGULAR MEETING
MAY t7,1999
7:30 P.M.
Page 103
The Meeting was called to order by Mayor Nancolas,
The Invocation was pres€nted ty Toby schroeder from the Frierds church afterwhich the Mayor requested rhar eve.ryone *;;;;;G];, the pledge ofAllegiance to the Flag.
The Roll_of-the City Council was called Mth rhe following memben presert:Langan, Wclls, Gable, and Evans. aU.ent: Ba,l ,nO Oarna.
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ADDIITONS OR DELETIONS TO THE AGENDA.
The Mayor asked if there werc any additions or deletions to the Agenda aspresented. since there wero non€, a molion was rcquested to ac"rpirt
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MOVED by Langan, SECONDED by Evars ro accept the Agenda as prinred.
Roll call vote. Those voting yes: Iangan, Wells, Gable, and Evans. Thosevoltng no: none. Absenl and not voting: Earl and Ozuna.
MOTION CARRIED
SPECIAL PNESENTATTONS AND INTRODUCTION OT SPECIAL VISITORS.
Mayor Nancolas noted that therc was a group of students present fiom theCaldwell High School and he asted rhar riey stand ,ra int-0r", themsclves.They were from the Government Class at tho fiigh School.
AUDIENCE I'ARTICTPATION.
The Mayor asked if there was anyone in the audience who cared to addEss theCity Courcil at this fime, Since there was no one, te declared that the meetingwould continue as outlined.
CONSENT CALENDAR
The Mayor preselted the following itoms on the Coment Calendar forconsideration by the Mernbers ofthe Council:
l. Dispense with the reading ofthe minut€s fiom the May3, 19g9, Regular CityCouncil Meeting and approve as written;2. Accept the following minutes from the vsrious boards and commissions:Caklwell lndUslrial Airyort Meeting of May 6, I999;3. Approve the Order of Decision pertaining lo the final plat of Silve|f Bow
Estates, Phase 2;
4. Approve awardiug the bid for lhe East Chica8o Sewer project to tlre low
bidder of Sommer Construction fiom Meridian, Idaho, as re-commended by
the Engineeriog Departmont;
5. Approve holding an auction for City surplus equipme[t and also approve the
use ofArmslrong Auctions for the auclion;6. Approve a Resolution authorizing the oxecution of Reimburcement
Agreement with Florida Avenue MHC (Country Village Esaates).
MOVED by Langan, SECONDED by Cable to accept the Consent Calendar asprinled.
Roll call vote. Those voting yes: Langan, Wells, Gablc, and Evsns, Those
voting no: nono. Abscnt and nol votillg: Earl and Ozuna.
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o oBook 40
REGT]LAR MEETING
MAY 3, 1999
CITY IIALL
The Meeling was callcd to order by ActiDg Mayor Jerry Lsngan.
The lnvocation was presented by Toby Schroeder fiom the Friend's Church affer
which ahe Acting Mayor requested that evcryone remain standing for the pledge
ofAllegiance ro the Flag.
The Roll of the City Council was called with the following members present:
Langan, Earl, Ozuna, Wclls, Gable, and Evans. Absent: none.
The Acling Mayor stated that most were awale thal Mayor Nancolas was out of
the Country visiting several European Counhies with regard to tansporlation
systems- Thercforc, lre was lhe Acting Mayor in his absence.
AT'DITIONS OIT DELETIONS TO TIIE AGENDA.
Since there were no additions or dcletions to lhe prcpared Agend4 it was
MOVED by Wells, SECONDED by Evans to accept the Agcnda as preseoted.
Roll call vole. Those votiog yes: Wells, Gablc, Evans, Langan, Earl, and Ozuna.'l-hose voting no: oone. Absenl and rlot voting: none.
MOTION CARRIED
SPI]CIAL PIIIiSI'N'TA'I'IONS AND INTI{ODUCTION OF SPECIAL VISITORS.
Acting Mayor I-angan recognized Mrs. Jackson from rhe Caldwell lligh
Goveroment Class and welcomed her and the students from that class. He
requested thal cach ofthe students stand and introduce themselves.
The Ac{ing Mayor staled that the next item was lo announce the Employee of the
Moolh. As hc understood, the person receiving tlris award was not aware of it.
However, a letter was reccived by Mayor Nancolas rcquesting that this person be
considered for tlre Employee oflhe Montlr. The letter was as follows:
Please fiDd altoched the nomination of Wendi Freelove for Employee of the
Month. I wholeheartedly agree with Lt. Laird that Wendi is deserving of this
award. I have been involved somc\rr'hat in the discussion regarding this
equipmenl and the bids that have been submitted. I know thal dealing with sales
representalives in ge[ing accurate and complete bids is stressfirl at best.
AddilioDally, Wendi slill fulfills her duties as a Dispatcber and has been a
lremeDdous help to Dispalch Supervisor, Sheila McGregor by dealing wirh
schedulirg, iuvcstigalin8 disciplinary matters and seeing that Dispatch opemtes as
ellicieotly as possiblc. Werdi has been with the Police Department for nine years
nnll is vcr) loyal trr tlrc Cily ol-C klwcll dtrd lo thc Policc Dcpartnrent. Wcndi is
the kind of cnrployee that all supervisors wish they had more of. Uofortunately,
ll (,f lhc cxlrir (hrtics lltirl U/cn(li pcrForms f(rr thc Cily and thc Dep rlnlent go
Iargely unnoliced by mosr ol'us as hers is nor a high profile position. In reality, it
is employees like Wendi that allow the Police Department to operare iD an
efficient and profcssional manner. I hereby endorcc her selection as EmDloyee of
the Month. Signed by Caprain Gary Maybon.
The Acting Mayor asked for Lt. Laird ro come forth and help preseDt l\rendj with
the Employe€ ofthe Month plaque along with a gifl- LL Laird briefly explained
how Wendi was responsible for puttilg togefier all of the bid worli lbr thc new
console and dispalch center at the Police Department and has done an excellcnt
job.
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Page 96'
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Roll call vote. 'llose voting yes: Evans, Langan, Ea , Ozuna, Wells, and Cable.
Those voling no: none. Absent and not voti[g: none.
MOTION CARRTED
THE RENEWAL OF THE TCI FRANCHIStr(PUBLIC HEARING ON
AGREEMENT)
The Mayor noted that this item was not a Quasi Judicial matter aod would not
require swearing in tlros€ who wanted to tesdry. Irl addition, it was not necessary
to do Findings ofFact and Conclusions ofLaw.
ElJay Waite, lhe Finaoce Director, stated that he would like to meotion that the
additioos to this Franchise Agreemetrt werE diffcrent from the original Agreement
and were shown in Section 3.10,3'11,3 t2, and 4.1. The Franchise Agreement
now inchdes lhc opportunity in some point in time for the City of Caldwell to
parricipale in a PEG Cbarurel which simply mears Public Educational or
bovemment channels. TCI has provided a private channel for use by
GovemmeDtal and Educational entities if thcy so choose at some time to help
present information and items of importance to lhe public. This was not
sombthing that was active now, but he could see the need in the future as this
Valley grows. Also, in secrion 4.1 of the Franchise Agreemen! it notes that the
lee would be paid at the end ofeach quarter instead ofat the end ofthe year. This
woull be a bcncfit lo the taxpayers in the City of Caldwell. The Agrccnrent
would be in effecl for fifleen years.
'l'hri l'ublic llcaring was opened tly Acting Mayor Lalgan snd he notcd that thcre
was no one signed to speak to this maller. Several questions were presen(ed by
the Members ofthe City Council.
It was then MOVED by Earl, SECONDED by Oable to close the Public Ilearing.
Roll call vote. Tlrose voting yes: Earl, Ozuna, Wells, Gabls, Evans, sod Langan.
Tlrose voting no: none. Absetrl and not voting: none.
MOTION CARRIED
The Public Hearirg was officially closed by the Acting Mayor 8nd he read the
following Resolution for consideration by the Council Members:
RESOLUNON AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A RENEWAL AGR.EEMENT WITH AMENDMENTS BETWEEN
lIIE CITY OF CALDWELL AND TCI CABLEVISION.
BE IT RESOLVED That the Mayor and City Clerk of the City of
Caklwell bc, anrl thc same hereby are, authorized (o execute a rEnewal Agreement
wilh anrendrnqnts s altaclred hcrclo and made a part hereof as if set forlh in full
hy {rxl holwccn llrc ('ity ol'Caklwcll anrl TCI Cablcvision.
[,lOVliD by Gablc, SIICONDIID by Evans Ilrnt lhe RcsolUlion bc passcd
aulhorizing the execrrlion olthe Franchise Agreement with TCI Cablevision.
Councilwoman Earl was recogDized and stated that shewould abslain fiom voting
as lhere was a conflict ofinterest for her on this matter.
Roll call vote. Those voling yes: Gable, Evans, Langan, Earl, Ozuna, and Wells.
Thos€ voling no: none. Absent and not voting: none.
MOTION CARRIED
(FINAL PLAT APPROVAL OF SILVER EOW ESTATES, PHASE 2)
The Acting Mayor informed Council that the ncxt ordEr of business was to
consider the final plat ofSilver Bow Estates, Phasc 2 for approval.
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submit a tetter to the editor from all ofthem expressing thcir support for the new
facility for rhe Police Department.
Council agreed that Couacitwosan Earl could compos€ a letter for them to
review.
Couocilworran Ozuna also reminded Council of the Cinco de Mayo Celebration
over the coming wcekend. The taco feed on Friday was from 5:00 p'm'to 8:00
i.m.: Saturdav-was the oarade ftom 10;00 a-m- util over; thcre was s Fiesta on
5"aia.y "a,ft!
pr* from Noon to 5:00 p.m. and therc will be a lot of children's
cvelts.
The Acting Mayor also stated that AARP would hare a booth for the Celebration
and woutd be giving awaY goodies.
(ADJOURNMENI)
MO\'ED by Evans' SECONDED by Earl that sinc€ lhere \d8s no fiidher business'
the Meeting bc adjoumed at 7:55 P.m'
Roll call vote. Those votiug yes: Evans, Langaq Earl, Oanns' Wells' and Gable'
Thosc voting no: tronc. Abseut and oot voting: noBe'
MOTIONCARRIED
APPROVED AS -.r ".- THIS lTth DAY OF r'Iav ' 1999'
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BooL 40
Mayor
Councilperson
ATTEST:
C3..zn rt,zZ-
City Clerk-v
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Pdge 102 .
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BEFORE TI{E MAYOR A.NID CITY COUNCIL
CITY OF CALDWELL. IDAIIO
IN THE ITtrA,TTER OF TIIE APPLICATION OF
K & L DEVELOPMENT FOR FINAL
SUBDTVISION PLAT APPROVAL OF
SILVER BOW ESTATES, PHASE 2
1.1
1.2
cAsE NO. SUB-33F-99,
COURSE OF PROCEEDINGS,
GENERAL FACTS, APPLICABLE
LEGAI STA.I\DARDS, FINDINGS OF
FACT, CONCLUSIONS OF
LAW AND ORDER OF DECISION
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I COIJRSE OF PROCEEDINGS
The Caldwell Commrhity Development Deparm:ent issued a notice of public hearing on application
sIiB-33F-99 (Silver Bow Esates, Phase 2) to be held before the planning and Zoning commission
on April 22, 1999. Public notice requirements ser forth in Idaho Code, chapter 65, Local plarming
Act. were met. on April 5, 1999 notice was published in the Idaho-press Tribune; on April 5. 1999,
nolice was mailed to all property owners within 300 feet of the project site and to all polirical
subdivisions providing services to the subject property; and, on April 15, 1998, notice was posted on
the site.
1.3
At said hearing, Planning and Zoning commission members moved to recorrmend to the Mayor aad
city council that the final plat of Silver Bow Esates, phase 2, is approved and requested staff to
forward the recommendation onward.
The recommendation from Planning and Zoning Cornmission to city council was placed on the
Council's May 3,1999 agenda under New Business.
Files and exhibits relative to this application are available for review in the communiry
Development Department, Caldwe[ City Hall, and were available for review at the hearing.
GEI\IERAL FACTS
APPLICANT (S): K & L Development, LLC,214 l2'h Avenue South, Nampa, ID.
OWNER (S): Same as Annlicant
1.4
II
2.1
2.2
2.3 PROPOSAI:
approxrmately
The Applicant seeks final subdivision plat approval of 60 lots developed on
8.36 acres located in an R-l zone.
BACKGRoUND INTORMATIoN: Silver Bow Estates. a planned unit Development, received
preliminary plat approval on October 17 , 1996. On March 3, 1997 , City Council approved final plat
approval of Phase l. Final plat approval of Phase 2 will complete the project.
2.5 LOCATION: At the western boundary ofSilverBow. Phase l. Silver Bow' Phase I is located onthe
west side of Montana Avenue, approximately one-fourth mile north of Homedale Road.
LEGAL DESCRIPTION: A part of the NE % SW %, Section 3, Township 3 North, Range 3 West.
B.M.
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1.7 NATURAL RESOURC ES AND HA ZARDOUS AREAS: ThC project site is not within the near
vicinity ofthe Boise River or [ndian Creek, and is not within a floodplain.
LAND USE: The project site is zoned R-1. The site is bordered on all sides by City R-1. with the
exception of Cormty Ag on the north.
2.8
2.9 COMPRE NSIVE PLAN DESI GN TION : Low Density Residential
2.9.1
2.t0 AREA OF CITY IMPACT: The project site is not within thE Area of City Impacr
FACILITIES:
Low Density Residential is defined as "suitable primarily for single-family residences. Other uses
characteristic of low-density residential areas such as churches, schools, neighborhood parks.
comparable public facilities and essential utility installations are appropriate. The residential density
is from I to 6 dwelling units per net acte."
2.1Lt
2.1t.2
2. I 1.3
2.11 .4
2.1 1.5
2.t2
2.11 PTJBLIC
Schools - Caldwell and Vallivue School Districts were notified of the request for final plat approval
on April 5, 1999.
Fte Protection - All conditions placed on the preliminary plat by the City's Fire Marshall have been
met.
Utilities - Water/Sewer - Domestic water and sewage disposal is provided by ttre City's water and
sewage facilities.
Irrigation - Pioneer Irrigation District was notified of the request on April l, 1999 for final plat
approval. The District did not offer a response.
Financial Guarantee - On April 20, the Appticant submitted an engineer's opinion of estimate of cost
for completion of constuction in the amount of$5350, and noted that the financial guarantee would
be in the form of a letter of credit. Ben Weymouth, Engineering Department, rioted in a
memorandum dated April 20 that a letter ofcredit equal to the final bond amount ($5885) is required
prior to signafi.ue on the hnal plat,
TRANSPORTATION: Access to the lots are from Flint Drive, Graycliff Drive, cold creek-Dnve.
*d B-"drt"* WrX which interconnect with Silver Bow, Phase L The interior steets of Silver
Bow, Phase 1 interconnect with Montana Avenue.
2. 1i PARKS.CREATION AND O SPACE: All of the common/recreational areas are located
within Phase l. which was recorded in 1997
2-14 HISTORI C AREAS This property is not within the City's area of historic sigrificance.
2. 15
2.t6
IV APPLICABLE Lf,GAL STANDARJS
HOUSING: The project provides 60 residential lots. Single-family dwetlings are permitted outright
i" u" n-f zonel dupllxes may be permitted through the speciai use permit's public hearing process.
COMMUNIITY DESIGN: The proposed project will be accessed by interior public streets that
interconnect with Montana Avenue. which is classified as a minor arterial.
Ciry of Caldwell Subdivision Ordinance No. 1758
City of Caldwell Zoning Ordinance No. 145 I
,1. I
4.2
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4.3
4.4
City of Caldwell Comprehensive Plan
Idaho Code, Chapter 65, Local Planning Acl
V FINDINGS OF FACT
5.1 Accept the general facts as outlined in the staff report and include the fact that the Applicant has
submined an engineer's estimate of cost for completion of the construction and that the financial
guarantee will be in the form ofa letter of credit.
VI CONCLUSIONS OF LAW
6.1 Cor:ncil members have the authority to consider the recommendation for final plat approval &om the
Planning and Zoning Commission and to afErm or deny the recommendation; public hearing
notification requtements were met; and the request was processed under the guidelines of applicable
codes and ordinances.
VII ORDER OF DECISION
7 .1 Based on the Findings of Fact and Conclusions of Law, the Caldwell City Cormcil fi:rds that Case
No. SUB-33F-99 (Silver Bow Estates, Phase 2), a request by K & L Development for final plat
approval of60 residential lots on approximately 8.36 acres located in an R-l zone is approved.
THE RECOMMENDATION FROM PLANNING AND ZONING COMMISSION ON CASE NO. SLts-
33F.99 WAS CONSIDERED BY T}IE MAYOR AND CITY COLTNCIL AT A REGULARLY
SCHEDULED MEETING HELD MAY 3, 1999.
WRITTEN FINDINGS OF FACT, CONCLUSIONS OF LAW AND THE ORDER OF DECISION WAS
APPRO\'ED BY CITY COL'I{CIL AND SIGNED BY TIM MAYOR AT A REGULARLY SCMDULED
MEETING TIELD MAY 17, 1999.
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