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CITY GOUNGIL
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ORDER OF DECISION
BY THE MAYOR AND CITY COUNCIL
CITY OF CALDWELL, IDAHO
PUBLIC HEARING MARCH 17,2008
SIGNED APRIL.T ,2008
Subject: Staff Report - Case No. SUB-57E-00 (Virginia Park time extension)
THE FOLLOWING LAND USE ACTION IS THE PRIMARY FEATURE OF THIS APPLICATION:
REQUEST FOR TIME EXTENSION OF THE PRELIMINARY PLAT OF VIRGINIA PARKSUBDIVISION. , :,,I
TABLE OF CONTENTS:I. COURSE OF PROGEEDINGS!I. GENERAL FACTSI!I. TESTIMONYIV. FINDINGS OF FACTV. CONCLUSIONS OF LAWV!. CITY COUNCIL ORDER OF DEGISION
I COURSE OF PROCEEDINGS
1.1 The Caldwell Planning and Zoning Department issued a notice of Public Hearing on
application SUB-114E-04 to be held before the Caldwell City Council on February 19, 2008.
Public notice requirements set forth in ldaho Code, Chapter 65, Local Planning Act, were
met. On March 2,2008 notice was published in the ldaho Press Tribune.
1.2 On March 17,2008 the Caldwell City Council approved the time extension request.
1.3 Files and exhibits relative to this application are available for review in the Planning and
Zoning Departmenl,62l Cleveland, Caldwell, and at applicable public hearings.
II GENERAL FACTS
2.1 OWNER/APPLICANT: Dyver Development LLC, P.O. Box 369, Meridian, lD 83680-0369.
ENGINEER: Bailey Engineering lnc., 1472E.lron Eagle Dr., Eagle, lD 83616.
2.2 REQUEST: The owner/applicant is seeking a one-year time extension on an approved
preliminary plat for Virginia Park Subdivision to complete the build-out of the residential lots in
said approved preliminary plat. The request would allow the owner/applicant until January 2,
2018 to complete all remaining phases of Virginia Park Subdivision.
Case No. SUB-57E-00 (Virginia Park time extension)
ORDER OF DECISION
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Page I of5
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2.3 BACKGROUND:Virginia Park was annexed and the preliminary plat was approved January
2,2001.
Total acreage: 157.4 acres
Total residential lots: 650
I r+ .,1
Phase #1:
Phase #2:
Phase #3:
Phase #4:
Phase #5:
Phase #6:
lots
lots
lots
lots
lots
lots
49
58
37
66
53
75
Approved May 20,2002
Approved July 7, 2003
Approved September 7, 2004
Approved September 19, 2005
Approved August 7,2006
Not yet approved - appli'cation submitted July 27,2007
There remains 9 phases to be completed (not including Phase #6) and approved for a total of
312 residential lots (again, this lotfigure does not include the 75 lots yetto be completed for
Phase 6).
The subdivision ordinance requires final platting of the first phase of a subdivision within 24
months of the date of preliminary plat approval. Final platting of all successive phases is to
occur within one-year increments following the initial twenty-four month time period.
2.4 LOCATION: The s ubject property is located at the:northeast corner of the intersection of KCID
Road and Highway 20126.
2.5 LEGAL DESCRIPTION: A legal description was submitted with the underlying application and
was incorporated into the original preliminary plat file for reference purposes.
2.6 COMPREHENSIVE PLAN DESIGNATION: The Comprehensive Plan Map designation for this
site is Low Density Residential.
2.7 COtUPRtrH ENSIVE PI AN (].)]\/lPc)NtrNTS APPL ICABI tr TO THF RFOIIFST.
2.7.1 Propertv Riqhts: The five checklist criteria set forth by the Attorney General in the "ldaho
Regulatory Takings Act Guidelines" were reviewed by the planning staff. The criteria is as
follows:
Does the regulation or action result in a permanent or temporary physical occupation
of the land? No
Does the regulation or action require a property owner to dedicate a portion of property
or to grant an easement? No
Does the regulation deprive the owner of all economically viable uses of the property?
No
Does the regulation have a significant impact on the landowner's economic interest?
No
Does the regulation deny a fundamental attribute of ownership? No
2.7.2 School Facilities and Transportation: N/A
2.7.3 Land Use: The subject property is partially developed as Virginia Park #1 through Virginia
Park #6.
Case No. SUB-578-00 (Virginia Park time extension)
ORDER OF DECISION
1
2.
3.
4.
5.
Page 2 of5
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Direction
North
South
West
East
Zone
County Ag
c-2
County Ag
R-1 and County Ag
Use
Ag/Rural residential
Ambassador RV'Park,,. {iq
Ag/Rural residential
Gomprehensive Plan Map
Low Density Residential
Commercial
Low Density Residential
Woodgate Subdivision Low Density Residential
Mandalay Ranch (undeveloped)
Ag/Rural residential
Bishop Ranch (undeveloped)
2.8 General:
Ordinances that have changed since Virginia Park Subdivision was annexed in 2001 include
the landscaping ordinance, the block length ordinance, and the minimum lot size/setback
requirements.
III TESTIMONY BEFORE THE CITY COUNCIL, MARCH 17,2008
Brian Billingsley, 621 Cleveland Blvd., acknowledged being sworn in and presented the staff
report as written. He noted that the application was approved by Council in 2001. The first
five phases of the subdivision have been developed with 312 lots still available for
development. The staff report includes a condition that the subdivision must be completed by
2012 and that no further extensions submitted. He presented a map indicating the portion of
the subdivision that been developed, which the Maiyoitldbeled as CC-1000.
3.2 Kevin Amar, 2364 South Titanium Place, Meridian, acknowledged being sworn in and spoke in
favor of the application. He reported that the original application included 650 lots with over 15
phases. Currently the sixth phase is under construction with approximately 56 lots being
developed per phase. They are ahead of schedule from the initial plan. He asked that the
time extension be granted for completion by 2016.
ln response to questions from Councilman Callsen, Mr. Billingsley noted that staff has no
objection to adherence of the originally approved time table of 2016.
3.1
33
3.5
3.6
3.7
3.8
3.9
3.4 MOVED by Blacker, SECONDED by Hopper to close the public testimony portion of the
hearing.
Those voting yes: unanimous
MOTION CARRIED
The Mayor presented the Evidence List: staff report, sign up sheets, and CC-1000 (Virginia
Park Subdivision map presented by Brian Billingsley).
MOVED by Hopper, SECONDED by Blacker to accep[the Evidence List as presented.
Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Sobba, Blacker, and Oates. Those
voting no: none. Absent and/or not voting: none.
3.10 MOTION CARRIED
Case No. SUB-57E-00 (Virginia Park time extension)
ORDER OF DECISION
Page 3 of5
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3.11 MOVED by Hopper, SECONDED by Blacker to accept the general facts as outlined in the staff
report, the public testimony that was given in this matter, the evidence list that was presented,
and note that there was no testimony in opposition to the request.
3.12 Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Sobba, Blacker, and Oates
Those voting no: none. Absent and/or not voting: none.
3.13 MOTION CARRIED
3.14 MOVED by Hopper, SECONDED by Blacker that the Caldwell City Council has the authority to
hear this case and to make the decision to approve or deny; and the public hearing was
noticed and heard within the guidelines of applicable state codes and local ordinances.
3.15 Roll callvote. Those voting yes: Hopper, Callsen, Dakan, Sobba, Blacker, and Oates. Those
voting no: none. Absent and/or not voting: none.
3.18 Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Sobba, Blacker, and Oates. Those
voting no: none. Absent and/or not voting: none.
MOTION CARRTED
.1#.
MOVED by Hopper, SECONDED by Blacker based on the Findings of Fact and Conclusions
of Law, the Caldwell City Council hereby orders that Case No. SUB-57E-00, a request by
Dyver Development, LLC and Bailey Engineering for a one-year time extension of Virginia
Park Subdivision is approved with conditions as outlined in the staff report with the
amendment that the final plat schedule would be extended, reflecting the original preliminary
plat approval, to 2016.
MOTION CARRIED
MOVED by Hopper, SECONDED by Blacker to close the public hearing
Those voting yes: unanimous.
MOTION CARRIED
FINDINGS OF FAGT
The Caldwell City Council accepted the general facts outlined in the staff report, public
testimony and the evidence list. i
V CONCLUSIONS OF LAW
5.1 The Caldwell City Council has the authority to hear this request and order that it be approved
or denied. The public notice requirements were met and the hearing was held and conducted
under the requirements of ldaho Code and City Ordinances.
3.16
3.17
3.19
3.20
3.21
3.22
IV
4.1
Case No. SUB-S7E-00 (Virginia Park time extension)
ORDER OF DECISION
Page 4 of5
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V! CITY COUNCIL ORDER OF DECISION
6.1 Based on the Findings of Fact and Conclusions of Law, the Caldwell City Council hereby
orders that Case No. SUB-57E-00, a request by Dyver Development LLC and Bailey
Engineering for a one-year time extension on Virginia Park Subdivision is approved with the
following conditions:
6.2 The final plat for Virginia Park #6 shall be recorded no later than January 2,2009.
6.3 All remaining 312 residential lots shall be final platted.and the final plats shall be recorded no
later than January 2,2016. .'i.v
6.4 No further time extensions for any portion of Virginia Park Subdivision shall be allowed
6.5 All requirements placed at the underlying hearing shall be met in the development of Virginia
Park Subdivision.
CASE NO. SUB-s7E-OO WAS HEARD BY THE MAYOR AND CITY COUNCIL AT A PUBLIC HEARING
HELD MARCH 17,2008.
WRITTEN FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF DECISION WERE
APPROVED BY CITY COUNCIL MEMBERS AND SIGNED BY MAYOR NANCOLAS AT A
REGULARLY SCHEDULED MEETING HELD APRIL 7,2008,
Ar-,t({)^"^rf,*ATTEST:
Mayor Garret L. Nancolas
Case No. SUB-57E-00 (Virginia Park time extension)
ORDER OF DECISION
r_l \\n, ,,'
City Clerk 6
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Page 5 of5
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Ph: 208.455.3000
Fa* 208.455.3003
www. cityofcaldwell.com
o9*1.*Tbe Theature
January 13,2016
Shawn Brownlee (sent via email)
Trilogy Development
2358 S. Titanium Place
Meridian, lD 83642
RE: TE-15-11; Virginia Park
This letter is to inform you that the Planning & Zoning Director and Public Works Director have
approved your requested time extension for Virginia Park Subdivision. The time extension is
approvedforL8months. ThismeansthatthenextphaseofVirginiaParkwillneedtobe
recorded by July 13,2017.
Please keep this record for your files and submit it with your future final plat application for
reference.
lf you have any questions, please feel free to contact me at (208) 455-4662.
Sincerely,
Jarom Wagoner
Senior Planner
Planning & Zoning
City of Caldwell
CC: Case File (Virginia Park)
ffi@9,
CityHall .4llBlaineStreet. P.O.BoxIL79. Caldwell, Idaho83606. 208.455.3000
Cernwrrt Mayon
Garret Na.ncolas
Crrv Crrnx
Debbie Geyer
For n list ofthe city
Cauf,{i[ ilIambers. Yisit
w.cityofealdwdl.com
Pr.,rxxlsc & Zo:rtxc
1)r.p,rR'rrresr
6ll Cl*eland Blvd.
Cal<lwell,:D l{36{t5
f)mlc'ro*
Itriarr Silfing,sl.r
.{JC-j}
Psrtxl
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Enclosed for your files please find a copy of the above-referenced Order of
Decision as ordered by the Caldwell City Council and signed on April 7,2008by
Mayor Nancolas. Please review Items 6.2,6.3,6.4 and 6.5 as those are the
conditions of approval. They are listed on page 5 of 5 of the Order of Decision.
April 10,2008
Kent Brown
Bailey Engineering
l4T2lronEagle Dr
Eagle,ID 83616
RE Case No. SUB-57E-00 (Virginia Park time extension)
If I can be of any assistance or if you have any questions, please
4662.
Marie
Senior Planner
Enclosure
cc: Case File
Dyver DevelopmentLLC
P.O. Box 369
Meridian, ID 83680-0369
lN1
(ity Holl .4ll Bloine St. o P.O. Box 1179. ColcLuoll, ldoho 83606. (208) 455 3000'FFX: (208) 455-3003 ' ur.ur.u.citV
a
CRrnuet MRvoR
Gorret Noncolos
Crv Cre8s
Debbie Geger
(oulcrt Meiugess
Dennis (ollson
llob Oqtes
Bob Sobbo
lim Dokon "
Bob Hopper
Jim Blockor
f.rmrrrro &
loxrrc,,DepaRTutrT
69] Clwelond.Blvd.
(olduell.lD 83605
DrE_elIeB
Brion Billingsley,
RICP
frcrus
(soB) 4s5-3091
Fnx
(908) 455-3050
The T'ea.'ure
Dear Kent:
t
AUDIENCE
None.
BooK 49
PARTICIPATION
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The Meetrng was car, 7:oo P'Nl.
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sPEcrAL pREsENTATToNs - "{rts &ernbers present: Blacker, oares, Hopper,
;x"#:'rtilH:[,j#*fl.,[:r;:I..T#*"ancovemmenrreacherarcard,
ADDrTroNs oR DELETT.N* T;;:"::*s.
vuver,nrert teacher ar catdwerr Hrsh schoor
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PAGE 46
MO?IONCARRIED
CONSENT CALENDAR:
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{D xTEGULARC*,fu'f+,;ry^.
II{VOCATION OF'FERED BY PASTOR DON BERTEI,SEI\ O}'TIIE OREGON TRAIL CEIIJR.CX{ OF'GOD.
PLEDGE OF ALLEGTANCE TO TItr FLAG.
ROLL CAIL.
SPE CIAL PRESENTATIOI\S.
A-DDITIONS ORDELETIONS TO TfIE AGENDA.AI]DIENCE PARTICIPATION.
CONSENT CAJ.ENDAR:
1. Approve acceptatrce of the.nriuutes [.om the Regular- Cit1, Council meeti.ug held. on Mar.ch 17, 200g; theFliends of flre Caldweil Depot n:.eetiug held on Febm uy 14,2008; caldwell pLrblic Library Board ofTn:stees nreeting held on Febrray I , 1OO_A; the Caidweil. Uearurg Examiner meeting held on February26, 7008 the caldweil Landscapi Plau Design Review Commitiee meetiug held ou March zg, 200g;aud the Caldwell G-olf Boar-cl r::eeting held ou fuarchl:l,200g; -
2' Approve order of Decision for Case-No. SUB-578-00 (virginia part time extarsiou);3' Approve orcler of Decision aird Developnre[t Agr-e#eflt for case No. A]IN-170-0g (Thourasau:rexation);
4' Approve order- of Decision for Case No. s'uB-144(1)F-06 (cruuberlaud Estates No. 1 Final plat);5' Approve Resolution a*thorizi'g the execntion or r'Cror.i rg-rg"eruenrwith the Bu.eau of Recla,ation(cout'act #8-0i-rr-LTr47) for tire soromou Drain at Marbie Fr:ont Road;6' Approve Resolution-authoriziug the execution of a contract with a selected contr-actor for a uot-to-exCeed amount of $99,000 for the rehabilitatiou of Weil #15;7' Approve Resolution authoriziug a Possession Agreeme.nt with Ralph smeed for cbtcago/Zlrr streetPr:oject;
8' Approve Resolution authorizilg the execution of a Rj.ght-of-v/ay pur-chase Agreeme,t with JosieG'aham aud acceptance of a wi'anty Deed fi'om Josie 6'ar^* for right-of-way improveruents at the
9 Approve Resolution authoriziag the "x"cution of a[ Agreerneut with Mcl,er-an well Drilliug, LLC in theof $25,000 for.the redeveiopment of .W.eil #15;10' Approve Resolution u...ptiog the Easement fiom Freehold Developuent, LLC for a domestic water li'eto provide water seri.ice to the Sicy Ranch Subdivision; --r
ll'Approve Resolution accepting the Easement fi'clm Freehold Developruent, LLC for a pressurized
. ^ i'igation liue to provide inigadon service to the sky Ranch subdivrsion;12' Approve Resol*tiou u.t.ptiig the Easeruent fi-"* B";;; F"o"i'lrraurni"s for a sarrita,y sewer line toprovide selver serwice to the Cumberland. Subdivision;13' Approve Resolutio:r accepting tl:e Easement fi'onr Bennett Fonest Iudustries for a water maiu Iine toprovide seweL service to the Cuurberland Subclivision;14' Approve Resolution accepting the Easement from Beru:ett Forrest hdustries for a pressurized irrigadon_ liue to provicle irrigatio""*i." to the cu,rber-raud Subdivisioo;l5' Approve Resoi*tio* pregldnring April zooa to be Fair I{ousing Mouth;16' Approve request t-om caawetila*i"ip"ihrigation to sell or scrap excess sand filtersl17' Approve request fi.om-lrg lteet Def'artment to waive buildini fees associated with the ,ew shopcoustrrrctiou located at 304 Maclison Sileet;
18' Accept the resiguation of George scott t'our the caldwe, Golf Boar-cr.
OLD BUSINESS:
1
2
consider'fiiture optious regar-ding the Downtolvu Gazebo str-ucture located at Ifulball ad Blaine street.consider Bill No' 16 (ordiriancJz36) fo,' c;" No. ANi..t-170-08 iil;;;. ,,nexation) with a requeqt towaive th.e mles, pass o, the lirst ,eadiug, and oppr-ov" the suu,nary for pubricatio,.continued Prtlic Flear-uig lquasr-iriilciuryi'c"r" No. ANN-16s-bzlsue-tssp-07 (selah Estatessubdivisiou), a req*est uy Fi:re st-""iLLc, willi*, Black, steven Gardiner, and stauley consultants fora,nexation of 21'05 acrls yr-& R-1 (singie-fai,ilyResi,leuriat);;;'; developurent agreement andi:relimi*ary plat approval of selah nstot"I s*bdivision co'sisting o*Z residertial lots and 7 commoulots. The site is rocated at rhe uortrrwest co,,el.;f 1d;r;;;;.r"^"ii"n"ffiire Road.
1
NEW BUStrNESS:
' ff#H;EJ::::* Resolr'rtio* bv the caldweli Golf Boa'd" regardiug restricted. pass hoiders at purpte
' 3:|}'*ffil"est aad Resolution bv the Caldweil Golf Boa'd regarrring recluced rares ar pupte sage
3' Public Healing (Legislative): case No. oA-g3-07/zoN-53-07 a request by catdwell,s planning zmclZouing Dir-ector tcj ameud City Code Section 10-01-03 regarrlino zo,ri,..,i;.+,-i^+Section ro'oz-02 rega'di,g trre iana "'" orr;,^;;; j;:p. -F".".;'#irr":;;ffiH[rt':J::]"iltjcreating two new zoniug classificatious, the Airport District fa-"j *E the Hospital Distr.ict (H-D), aada'lending the offlcial zoui,g map to iclentify the iocatiou of t]re,ew zoues.
(--
I
-:J,H$B'##:,:fi'.:lTffi'#fl .'s;I:.?Y"',#Jr:H',;:19H,"':"""'J1f "-f pi',x
publication'. - - - , /A-,rinanne ..1,)1\ far c.t t3-07 @ospital district rezoue) with5. Consider BillNo. 7 (Ordirance 2727) for Case No' OA-93-07/ZON-:
a request to waive tn) *t*, p*, ou tl:e-first reading' and "ppl9l"^P-t.t*ary
for publication'
6. Consider Bilt No. 8 (Ordinance 2128) fot C*" So]b,q.-S3^-bZlZON-SE-07 (airport distict rezoue) with a
request to waive u1e n 1"r, p** on the firstreading, an{ +prgv-e-t}re suru]lary for publication'
7. public Heariag (Legisiative): Case No. OA-SS16SIZO]\I-SS-OZ a request by Caidwell's Pla::ning and
Zoning Director to rezoue a portion of tU" it".rrr"tt"tg Residential Iiittoti" District from R-2 Medium
Deusity Residentiaito R-l i,ow Deusity Residential auct to aurend City Code Sectiou 10-02-08(13)
regarrling noncoaforming uses whereby *-".itti"g multiple r:uit dweliing in the Historic District can
oUtain aiulaing penrrit for a rebuild or remodel'
8. Consider Bill No. 5 (orrlinauce zlz\ totiase No. oA-95-08/zoN-55-07 (Ster:aenberg Residential
Historic Distict rezone) with a request to waive the rtles, pass o1'l flre fust reading' and approve the
summary for Publication.g. consider Bill No. 20 (ordinance 2140) for case No. oA-95-08/zoN-55-07 (steuueuberg Resideutial
Historic District nonconfomring uses) *itf, u-r"q""tt to waive the rules' Pass oll the fir-st reading' and
approve the summary for publication'
1 0. Financial & Human Resoulce Reporls'
11. CouncilRePofis.
12. Mayor's Comrrrents.
13. Adjoum.
Next Regular City Couucil Meeting is ou Mourlay, April 21,2008 at ?:00 p'E' it1 the Community Room at
the Caldwell po[ce Station at 110 South Fifth. ,A"y';;it., o""ahg special iccommodations to participate in
tlre meeting should contact the City Clerk at all Biaine Str-eet or "e/lt*lss-qas6,prior
to the meeting' AgeDda
aud MinutJs ca:r be viewecl on the Lity of caidwell's website: lulr.dEg&al4wgllsgls
oo
QUESTIONS OR DISCUSSION (NEUTRAL)
PUBLIC HEARING
Case No. SUB-57E-00 (Virginia Park time extension)
A request by Dyver Development LLC and Bailey Engineering for a one-
year time extension on Virginia Park Subdivision. The site is Iocated at
the northeast corner of the intersection of KCID Road and Highway 20'26
SIGN.UP SHEETS FOR PUBLIC HEARINGS
No person shall be permitted to speak before the City Council at a Public Hearing
until recognized by the Mayor. All persons speaking shall speak in such a
manner as will assure that the recorded testimony or remarks will be accurate
and trustworthy. At the commencement of the hearing, the Council shall
establish a time limit to be observed by all speakers. When the public Hearing is
quasi-judicial in nature or one after which the City Council is required by law to
make findings of fact, each speaker must swear or affirm that his testimony will
be true and correct. Any person refusing to comply with the rules will be
prohibited from speaking during the hearing.
NAME ADDRESS
M Zy-r( S -( )l,t,-,tt* rLlffu ot rl."
I,
o
rN FAVOR (rN SUPPORT)
PUBLIC HEARI
Case No. SUB-57E-00 (Virginia Park time extension)
A request by Dyver Development LLC and Bailey Engineering for a one-
year time extension on Virginia Park Subdivision. The site is located at
the northeast corner of the intersection of KCID Road and Highway 2O-26
SIGN.UP SHEETS FOR PUBLIC HEARINGS
No person shall be permitted to speak before the City Council at a Public Hearing
until recognized by the Mayor. All persons speaking shall speak in such a
manner as will assure that the recorded testimony or remarks will be accurate
and trustworthy. At the commencement of the hearing, the Council shall
establish a time limit to be observed by all speakers. When the public Hearing is
quasi-judicial in nature or one after which the City Council is required by law to
make findings of fact, each speaker must swear or affirm that his testimony will
be true and correct. Any person refusing to comply with the rules will be
prohibited from speaking during the hearing.
NAME ADDRESS
o
oa
rN oPPOSrrroN (AGATNST)
PUBLIC HEARING
Case No. SUB-57E-00 (Virginia Park time extension)
A request by Dyver Development LLG and Bailey Engineering for a one-
year time extension on Virginia Park Subdivision. The site is located at
the northeast corner of the intersection of KCID Road and Highway 20-26
Case No. SUB-57E-00 (Virginia Park time extension)
SIGN-UP SHEETS FOR PUBLIC HEARINGS
No person shall be permitted to speak before the City Council at a Public Hearing
until recognized by the Mayor. Al! persons speaking shall speak in such a
manner as will assure that the recorded testimony or remarks will be accurate
and trustworthy. At the commencement of the hearing, the Council shall
establish a time limit to be observed by all speakers. When the public Hearing is
quasi-judicial in nature or one after which the City Council is required by law to
make findings of fact, each speaker must swear or affirm that his testimony will
be true and correct. Any person refusing to comply with the rules will be
prohibited from speaking during the hearing.
NAME ADDRESS
,
I fl.0,o PAGE 38
REGULARMEETING
March 17,2008
7:00 P.M.
The Meeting was called to order by Mayor Nancolas'
The Mayor reported that a workshop was conducted at 6:30 p.m. to discuss the potential Area of
Impact for the^cities of caldwell and Nampa located south of caldwell near Lake Lowell.
The Mayor asked everyone to stand for the Pledge of Allegiance to the Flag'
The Roll of the ciry cor:ncil was called with the following members present: Blacker, oates, Hopper,
Callsen, Dakan, and Sobba. Those absent: noue.
SPECIAL PR.ESENTATIONS
The Mayor reported that four members of the Mayor's Youth Advisory Council recently attended the
Nationai Leag;ue of Cities Conference held in Washi:rgton, D.C. on March 8-13, 2008. Deke Marmon'
Danielle Valentine, Katherine Norman, and Kristen Favillo reported on information gained Aom the
seminar. and expressed their appreciation to Council for the opportunity to aftend the conference'
ADDITIONS ORDEI,ETIONS TO THE AGENDA
MOVED by Blacker, SECoNDED by Oates to amend the agenda by 4ding.Itlm #7 to the consent
Calendar to fead: "Approve request authorizing the waiver of building permit fees in the amount of
$2,094.04 associated with the Caldwell High School welding departaent expansiotr."
Those voting Yes: unanimous.
MOTION CARRIED
AI]DTENCE PARTICIPATION
charles Bratton, 3108 Arlington, expressed his concem regarding reduced speed limit signage and
detour sips (due to constriction) posted along Ustick Road between Montana Avenue aud 10"'
Avenue. He noted that construction ias not been conducted in this area for many .months. He stated
that the reduced speed Iimit has become a speed trap for local police officers to patrol' He requested
that the siguage be removed if construction would be further delayed'
In response to questions from the Mayor, Brent Orton noted that due to the severe winter weather, the
contractor was not able to complete ihe application of stiping on the roadway. MI. Orton noted tlat
""gi""oi"g staff made the determination io allow the reduced speed limit signage to remain in place
bald on rJpres"ntatiou from the contractor that as soon as the weather broke, they would complete the
striping process. construction will soon resume with the onset of warmer weather.
CONSENT CALENDAR:
The Mayor presented the following items on the consent calendar for approval by Members of the
City Council:
l. Approve acceptance of the minutes from the Regular city council meetin-g_held on March 3'
ZddS; Ae Caldwell Industrial Ajrport Commission meeting held on March 6,2008; the Caldwell
Traffic Commission meeting haa on March 3, 2008; the planning & Zonng Commission
meetings held on Decemb"rlt,zOOT and February 12,2008; and the Hearing Examiner meeting
held on December 26, 2007 ;
2. Approve Order of Decision and Developmetrt Agreement for Case No. ZON-54-07 (Bennett Forest
rezone);
3. approvi Order of Decision for Case No. SUB-186P-07 (White Pine Station preliminary plat);
4. ApproveResolutionNo.43-08authorizingtheexecutionofaConsultingServicesAgreementwith
CH2l!fffl,L for review of FEMA Analysis of Indian Creek;
5. Approve Resolution No. 42-08 accepting a Quitclaim Deed from David Tiffany for right-of-way
improvements along North Georgia Avenue;
6. appror" the appoin=trnent of Meiissa Stringfield to the Caldwell Public Library Board of Trustees
for a five-year term ending December 31,2013;
7. Approve request authoriz-ing the waiver of building permit fees in the amount of $2,094.04
asiociated with the Caldwell High School welding department expansion. [adde{]
MOVED by Blacker, sECoNDED by Oates to approve the consent calendar as amended.
Those voting yes: unanimous.
MOTION CARRIED
GLD BUSINESS:
I c -/
t
BOOK 49
(CONTINUED
BY TTTE CITY
PAGE 39 t I
a
I
PUBLIC CASE NO. ANN-164-07 A REQUEST
OF CALDWELL FOR CATEGORY B ANNEXATION OF 26.05 ACRES WITII
R-r (SINGLE-FAMILY RESTDENTIAL) ZONING AND C-2 (COMMUMTY COMMERCTAL)
ZONING AND DESIGNATIONS ON TIIE CALDWELL COMPREHENSIVE PLAN AS LOW
DENSITY RESIDENTIAL AND COMMERCIAL. THE SITES ARE LOCATED AS FOLLOWS:
4s22 LAI<E AVENUE.; 2808 MARBLE FRONT ROA-D.; 2816 MARBLE FRONT ROAD.; 1120
W. LOGAN STREET.; 1106 w. LOGAN STRJ,ET.; 3904 S. INDIANA AYENUE.; 3912 S.
FLORIDA AVENUE.; 104 AMBER STREET.; 1409 E. USTICK ROAD.; s023 IrW'r 20-26;5205
IfV,,lY 20-26; 715 BORCIIERS LANE.; 723 BORCIIERS LA-lt{E.; 5017 rrWY 20-26; 4ll4
NELSON LANE.; 712 BORCIIERS LANE.; 2703 MARBLE FRONT ROAD.; 2702 MARBLE
FRONT ROAD.; AND 2722 MARBLE FRONT ROAD)
The Mayor noted that quasi-judicial procedures have been followed conceming the Category B
request. He declared the public hearing continued and open.
Brian Billingsley, 621 Cleveland Blvd., was swom in by the City Clerk. He noted Lhat a notice of the
continued public hearing had been sent to all affected property owDers by certified mail on February
29,2008. He presented certified mailing receipts, which the Mayor labeled as CC-1000. He reported
that a workshop was held with the affected property owners.
Brent Orton, 621 Cleveland Blvd, acknowledged being previously sworn in. He noted that
approximately six people attended the workshop conceming the request. He noted that members of the
Lakey's Cooperative Sever Association met with City staff separately concemi-ug the issue. He
presented a document dated May l, 1990 witten by Randy Dearden, Water Superintendent, regarding
water service to properties outside the City Lfulits and an agreement with Larry Doser dated
September 19, l99l conceming services to his site. The Mayor labeled the documents CC-1001 and
CC-1002 respectively. He noted that Engineering Departnent staff is continuing their search for
additional agreements with property owners affected by the Category B request Mr. Orton stated that
the original agreements were filed under the parcel owner's name at the time ofthe action and since
some parcels have changed ownership, it has created a hardship to locate the original docu$ents.
Mr. Orton noted that the expense to provide sewer aloug Hwy.20-26 would be greater since Idaho
Transportation DeparElelt would Dot allow an open cut procedure across Hwy. 20-26 but rather only a
bore procedure. He reported that the current participauts in the Lakey Sewer Distict are extemely
concerned lvith the expense of installing a new sewer system associated with the annexation. The
original Cooperative Sewer Agreement with the Lakey Sewer Distict has trot been located. He
clarified that a Category B Annexation does not require connection to city services, but does state that
the parcel be contiguous to ciry limits and under five acres in size.
Mark Hilty, 1303 12th Avenue Road, Nampa, acknowledged being swom in. He recommended that
Council proceed with the Category B annexation process and noted that all parcels meet the
requirements for a Category B aonexation request.
Discussion followed concerning the possibility of the City assuming the ownership and operation of
the Lakey Sswer District lift station.
Doug Stosnider, 7354 Alpine Drive, acknowledged being previously swom in and expressed his
concem regarding the neighborhood meeting that was conducted with City staff. He assumed that
alternative options would be presented at the neighborhood meetiDg by City staff. He stated his
willingrress to sign an agreement when both sewer and water are available to the site.
The Mayor explained that the quasi-judicial process must be followed couceming the aDnexation
request and that Council is the decision-making body. The Mayor asked staff to confirm the location
ofthese services in proximity to the Strosnider site.
Brent Orton, 621 Cleveland Boulevard, reported Uat both sewer and water axe available on the
opposite side of Hwy. 2026.
Mr. Strosnider concurred that his property is involved with the Lakey's property. He noted that he was
informed that water is located west of the site at the commercial subdivision and sewer is locatgd on
the opposite side ofHwy.20D6.
Larry Givens, 5205 Hwy. 20f26, aclaowledged being swom in and expressed his appreciation to City
staff for their hetp. He stated his concern regar{ipg fairneis to the participants in the Lakey Sewer
District since City services are not any closer to them than th'ey were fifteen years ago. He estimated a
cost of approximately $40,000 to provide both water and sewer to his site when other annexed
participants would only be obligated $5,000 to provide the same seryices. He suggested that the
obligation be made standard for all participants.
Cheryl Scott, 2?03 Marble Front Road, acloowledged being previously sworn in. She stated that she
received an invitation to the "open house" but chose not to atteDd. She stated her objection to the
annexation since there are no health and safety coDcems prompting the annexation. She reported that
she sent out a letter to other affected property owners informing them of the public hearing and to
receive an indication of their response to the annexation request. She stated her findings conceming
,
t fl*0,PAGE 40
the responses. She presented a letter to the Council containing her testimony, which the Mayor labeled
as CC-1003.
Councilman Hopper asked Mr. Orton how many of the proposed armexed properties are being served
with sewer and water at this time versus just one service.
Mr. Orton stated that all properties just have one services to the site - either water or sewer.
Councilmaa Callsen asked if the properly owners would have the option to remove the service at this
point.
Mr. Orton stated it was his understanding that the Deparbment of Environmental Quality (DEQ) would
not allow a septic or well permit if City services are available.
Council Hopper stated that properties contiguous to the City on all sides should be annexed for the
purpose of safety services. Other properties where both City services are available to the site without
an extaordinary expense should be considered.
The Mayor commented that in cases where there is a signed agreement, it should be honored by both
parties. He noted the unusual circumstauces with the Lakey prop'erty due to the excessive expenses in
getti.ng water to the location. He noted that the City's current procedure requires constructing an
agreement each time services are provided to a site. He suggested that a listing be provided by staff
indicati-ng which properties are completely surrounded by City limits.
Mr. Billingsley stated that none of the properties in question are completely surrounded by City limits.
Mr. Orton requested the opporhrnity to pursue additional agreements and a listing ofproperties which
have availability to connect to both services.
Councilman Callsen stated that currently here are properries within City limits which only have one
service to the parcel. Some properties located on Canyon Hill do not have sewer available to the site.
The Mayor suggested that ftture Category ! annsxaliqa requests should follow a set policy by staff
including the method ofcertified mail notifications and makiug sure that property owners are invited to
visit with staff.
Councifunan Oates stated that he is generally opposed to this type ofaction; however, there is value in
comments made concerning the afllexation of enclave parcels for availability of City safety services.
Ifagreements arg in place, then they should be honored.
MOVED by Oates, SECONDED by Hopper to continue this hearing to April 21st at 7:00 a.m. to allow
staff the opportunity to research properties with accompanying agreemetrts, those properties which
have availability to connect to both services, and those properties which are considered enclave sites.
Mr. Hilty suggested that Council may consider each property individually for applicability; therefore,
the application is not an "all or nothing" determination. He noted that the public hearing testimony
portion would remain 6P6n.
The Mayor requested that Mr. Billingsley research the rccord for testimony given in the Sally Palleria-
Bradshaw construction request. He noted that Ms. Scott did ask very specific questions at that hearing
and he would like to know how those questions were answered. If verbal cornmitments were made,
this information would need to enter into the discussion as well.
Roll call vote. Those voting yes: Oates, Hopper, Callsen, Dakan, Sobba, and Blacker. Those voting
no: none. Absent and/or not voting: none.
MOTION CARRIED
The Mayor declared a short recess.
NEW BUSINESS:
(CONSIDER B;TLL 24 IOPDINANCE 27441 'IO APPROYE ANNEXATION TO TIIE
MUMCIPAL IRRIGATION DISTRICT FOR CASTLE PEAK SUBDIVISION NO. 2,
CIIARMAE SPRINGS SUBDTVISION NO. 3, PIIEASANT RIJN SUBDTWSION NO. 3,
PHEASANT RUN SUBDTWSION NO. 4, AND EXHIBITS A, B, C, AI\D D WITH A REQUEST
TO WAIVE TI{E RULES, PASS ON TIIE FIRST READING' AND A?PROVE THE
SUMMARY FOR PUBLICATIOI9
The Mayor read Bill No. 24 (Ordinance No. 2144)by title only:.
AN ORDINANCE OF T}IE CITY OF CATDWELL, IDA}IO, ANNEXING A PORTION OF
PROPERTY WITHIN TTIE CORPORATE CITY LIMITS INTO T}IE CALDWELL MUNICIPAL
IRRIGATTON DISTRICT OF TTIE CITY OF CAIDWELL, CANYON COUNTY. IDAHO. AND
CHANGING THE BOIJNDARIES TI{EREOF; DIRECTING TTIE CITY ENGTNEER TO ALTER
THE BOUNDARY MAP ACCORDINGLY; DECLARING TTM INTENT OF THE CIry TO POOL
O
BOOK 49 PAGE 4I I
l^*o*,I
WATER RIGHTS AND APPLY METHOD OF ALLOCATING ASSESSMENTS
AND CHARGES; AND PROVIDING AN EFFECTIVE DATE.
MOVED by Dakau, SECONDED by Blacker to waive the tbree lsading process and consider Bill No.
24 on its first reading by title only.
Roll call vote. Those voting yes: Dakan, Sobba, Blacker, Oates, Hopper, and Callsen. Those voting no:
none' Absent and'/or not voting: none'
MorIoN .ARRIED
MOVED by Callsen, SECONDED by Blacker to sponsor Bill No. 24, move for its passage, and
approve the summary for publication.
Roll call vote. Those voting yes: Callsen, Dakao, Sobba, Blacker, Oates, and Hopper. Those voting
no: DoDe. Absent and/ornot voting: none.
MOTIONCARRIED
(CONSIDER B.TLL 25 IOFiDINANCE 27451 TO CLARIFY THE CITY OF CALDWELL'S
APPLICATION OF A PORTION OF THE 2006 INTERNATIONAL BI,'ILDING CODE WITH
P&SPECT TO REQUIREMENTS FOR CONSTRUCTION FOR R-4 RXSIDENTHL
OCCTJPANCIES WITI{ A REQI,IEST TO WAIYE TIIE RULES AND PASS ON TIIE FIRST
READING)
The Mayor read BiII No. 25 (Ordinance No. 2745) by title only:
.A.N ORDINANCE CLARIFYING TIIE CITY OF CALDWELL'S APPLICATION OF A PORTION
OF THE 2OO5 INTERNATIONAL BIJILDING CODE WTTH RESPECT TO REQUIREMENTS FOR
CONSTRUCTION FOR R4 RESIDENTIAL OCCUPANCIES; PROVIDING FOR AN EFFECTIVE
DATE; AND REPEALING ALL ORDINANCES, RULES AND REGIJLATIONS, AND PARTS
THEREOF, IN CONFLICT }IEREWITH.
MOVED by Blacker, SECONDED by Callsen to waive the three reading process and consider Bill No.
25 on is fust reading by title oulY.
Roll call vote. Those voting yes: Blacker, Oates, Hopper, Callseu, Dakan, and Sobba. Those voting no:
none' Absentand/ortrotvoting:none'
M.TI.NCARRIED
MOVED by Blacker, SECONDED by Callsen to sponsor Bill No. 25 and move for its passage.
Roll call vote. Those voting yes: Blacker, Oates, Hopper, Callse4 Dakan, and Sobba. Those voting no:
nooe' Absent and/or not voting: none'
MorIoN .ARRTED
(PUBLIC HEARING [QUASI-JIJDICIAL]: CASE NO. ANN-170-08 [THOMAS ANNEXATION]
A RIQUEST BY GEORGE THOMAS FOR ANI\TEXATION OF 0.86 ACRES WITII C-2
[COMMI'NITY COMMERCIALI ZONING, A COMPREHENSIVE PLAN MAP AMENDMENT
FROM MEDIIJM DENSITY RESIDENTIAL TO COMMERCIAL, AND A DEYELOPMENT
AGREEMENT. TTM SITE IS LOCATED AT 4024 S. FLORIDA AVENIIE)
The Mayor declared the public hearing open and explained the quasi-judicial hearing process and
asked that the City Clerk swear in those who would be speaking at any of the public hearings tonight.
Brian Billingsley, 621 Cleveland Blvd., acloowledged being swom in and presented the staffreport as
written. This property was originally included within the Category B amexation request; however, the
property owner opted to submit a separate application to snswe that the request was heard in a timely
mrmer as a voluntary annexation request. He presented an aerial map of the site, which the Mayor
labeled as CC-1000.
clay Brown, applicant's representative, 5175 South lOe Avenue, acknowledged being swom in and
spoke in favor ofthe application.
MOVED by Hopper, SECONDED by Blacker to close the public testimony portion of the hearing.
Those voting yes: unanimous'
MorIoN .ARRIED
EVIDENCE LIST FOR CASE NO. ANN-I7O.O8:
The Mayor presented the Evidence List: staffreport, sip up sheets, CC-I0OO (aerial map presented by
Brian Billingsley).
MOVED by Blacker, SECONDED by Oates to accept the Evidence List as presented.
I
Those voting yes: unanimous.
f.o,ot PAGE 42
MOTION CARRIED
COMPREI{ENSIVE PLAN ANALYSIS FOR CASE NO. ANN.17O-08:
MOVED by Blacker, SECONDED by Oates to accept the Comprehensive Plan Aralysis as presented
in the staffreport uader roman number V.
Roll call vote. Those voting yes: Blacker, oates, Hopper, callsen, Dakan, and sobba. Those votingno: none. Absent and/or not voting: none.
FINDINGS oF FAcr oN cASENo. ANN-I70-08: MoTIoN CARRIED
MOVED by Blaclier, SECONDED by Hopper to accept the general facts as outlined in the staff report,
the public testimony that was giveu in this matter, the evidence list that was presented, and note that
there was no testimony in opposition to the request.
Roll call vote. Those voting yes: Blacker, oates, Hopper, callsen, Dakau, and Sobba. Those voting
no: D.one. Absentand,/ornot voting: none,
coNCLUSIoNS oF LAw oN cASE No. ANN-170-08: MorIoN CARRIED
MOVED by Blacker, SECONDED by Hopper that the Caldwetl City Council has the authority to hearthis case and to make the decision to approye or deny; and the public hearing was noticed and heard
within the guidelines ofapplicable state codes and local ordinances.
RoIl call vote. Those voting yes: Blacker, oates, Hopper, callsen, Dakan, and Sobba. Those votingno: none. Absentand,/ornotvoting: uone.
oRDER oF DECISIoN oN cASE No. ANN-t?o-o8, MoTIoN CARRIED
MOVED by Blacker, SECONDED by Oates based on the Findings of Fact and Conclusions of Law,
the Caldwell City Council hereby orders that Case No. ANN-170-08, a request by George Thomas for
annexation of 0.86 acres with c-2 (community commercial) zoning, a comprehens-ive plan map
amendment from Medium Density Resideutial to Commercial, and a development agreement is
approved with the conditions as outlined the staffreport.
Roll call vote. Those voting yes: Blacker oates, Hopper, callsen, Dakan, and sobba. Those voting no:
none. Absent and/or not voting: none.
MOTIONCARRIED
MOVED by Blacker, SECONDED by Hopper to close the public hearing.
Those voting yes: unanimous.
MOTION CARRIED
(P-t BLIC ITEARTNG [QUASI-JUDICIAL]: cASE No. sIrB-57E-00 [vIRcINrA PARI( TIMEEXTENSIOTq A REQTIEST BY DYVER DEVELOPMENT LLC AI\D BAILEY ENGINEERINGFOR,A ONE-YEAR TIME EXTENSION ON VIRGINIA PARK STJBDIYISION. TIIE SITE ISLOCATED AT TIIE NORTTIEAST CORNER OF TIIE INTERSECTION OT'KCID ROA.D ANDHIGTTWAY 20-26)
Brian Billingsley, 621 Clevetand Blvd., acknowledged being swom in and presented the staffreport aswritteu. Henoted that the application was approved by Council iD 2001. The first five phases ofthesubdivision have been developed with 312 lots still available for development. The staff report
includes a condition that the subdivision must be completed by 2012 with no firrther extensions biing
zubmitted. He presented a map indicating the portion of the subdivision that been developed, whict
the Mayor labeled as CC-1000.
Kevin Amar, 2364 South Titanium Place, Meridian, acknowledged being swom in and spoke in favorof the application. He reported that the original application included 6SO lots with over 15 phases.
Currently the sixth phase is under consEuction with approximately 56 lots being developed peiphase.
They are ahead of schedule from the initial plan. He asked that the time extension i" gr-t"a fo.
completion by 2016.
Inresponse to questions from Councilman Callsen, Mr. Billingsley noted that staffhas no objection to
adherence ofthe originally approved time table of2016.
MOVED by Blacker, SECONDED by Hopper to close the public testimony portion of the hearing.
Those voting yes: unanimous'
uorroN .ARRTED
EVIDENCE LIST FOR CASE NO. SUB-57E-OO:
The Mayor presented the Evidence List: staff report, sign up sheets, and cc-1000 (virginia park
Subdivision map presented by Brian Billingstey).
BOOK 49 PAGE 43 a
MOVED by Hopper, SECONDED to accept the Evidence List as presented.
Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Sobba, Blacker, and Oates. Those voting
MOTIONCARRIED
no: none. Absentand/ornotvoting: noDe.
FINDINGS OF FACT ON CASE NO, SUB.57E-OO:
MOVED by Hopper, SECONDED by Blacker to accept the general facts as outlined in the staff report,
the public testimony that was given in this matter, the evidence list that was presented, and trote that
there was Do testimony in opposition to the request.
Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Sobba, Blacker, and Oates. Those voting
no: none. Absent aud/or not voting: none.
MOTIONCARRIED
CONCLUSIONS OF LAV/ ON CASE NO. SUB-578-OO:
MOVED by Hopper, SECONDED by Blacker that the Caldwell City Council has the authority to hear
this case and to make the decision to approve or deny; and the public hearing was noticed and heard
within the guidelines ofapplicable state codes and local ordinances.
Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Sobba, Blacker, atrd Oates. Those voting
no: trone. Absentand/ornotvoting: Done.
MOTION CARRIED
ORDER OF DECISION ON CASE NO. SUB-57E-OO:
MOVED by Hopper, SECONDED by Blacker based on the Findings of Fact and Conclusions of Law,
the Caldwell City Council hereby orders that Case No. SIJB-57E-00, a request by Dyver Developmen!
LLC and Bailey Engineering for a one-year time extension of Virginia Park Subdivision is approved
with conditions as outlined in the staffreport with the amendrnent that the final plat schedule would be
extended, reflecting the original preliminary plat approval, to 20 I 6.
Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Sobb4 Blacker, and Oates. Those voting
no: Done. Absent and/or not voting: none.
MOTION CARRIED
MOVED by Hopper, SECONDED by Blacker to close the public hearing.
Those voting yes: unanimous.
MOTION CARRIED
(PUBLIC EEARING [LEGISLATTYE]: CASE NO. oA-9&08 A REQIJEST BY CALDWELL'S
PLANNING AND ZONING DIRECTOR FOR AN ORDINANCE AMENDMENT REGARDING
THE A.DOPTION OF AN AMENDED ZONING MAP)
Brian Billingsley, 621 Cleveland Blvd., acloowledged being swom in and presented the staffreport as
written. He noted that the map includes the new College Distict classificatioD.
MOVED by Hopper, SECONDED by Blacker to close the public hearing.
Those voting yes: unanimous.
MOTION CARRIED
(coNSrDER BrLL NO. r [ORDINANCE 272L1 FOR CASE NO. OA-94-08 [ZONING MAP
AMENDMENTI WITH A REQUEST TO WATVE TIIE RT'LES, PASS ON TIIE FIRST
R3ADING, AND APPROYE TIIE SUMMARY FOR PUBLICATIOIO
The Mayor read Bill No. I (Ordinance No. 2721) by title only:
AN ORDINANCE ADOPTING AN AMENDED ZONING MAP THAT SIJPERSEDES AND
REPLACES TTM OFFICIAL ZONING MAP AS ADOPTED BY TIIE CITY OF CALDWELL ON
JUNE 18,2007.
MOVED by Hopper, SECONDED by Blacker to waive the three reading process and consider Bill No.
I on its first reading by title only.
Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Sobba, Blacker, and Oates. Those voting no:
none. Absent and/or not voting: none.
MOTIONCARRIED
MOVED by Hopper, SECONDED by Blacker to sponsor Bill No. 1, move for its passage, and approve
the srrmmary for publication.
Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Sobba, Blacker, aod Oates. Those voting no:
none' Absent and/or not voting: none
MorloN .ARRTED
a
fi0,o PAGE 44
(FINANCE AND IIUMAN RESOI]RCE RTPORTS)
Councilnan Callsen reported that the Finance Committee has reviewed curent accounts payable in theamount of $ 1,169,464.42 for the pay period ssding March 13, 2008 aod a net payroll in ihi amouut of
$256,484.32 for tho pay period ending March l, 2008.
MOVED by Callsen, SECONDED by Blacker that accounts payable in the amount of $1,169,464.42
represented by check numbers 50806 tkough 5 1 077 and the total payroll in the amount of $256,4g4.32
represented by check ryybers 14932 tbrough 14996 and dtect deposits be accepted, paymeDts
approved, and vouchers filed in the Office ofthe City Clerk.
Those voting yes: u.nanimous.
MOTION CARRIED
(couNcrl CoMMENTS)
Councilrnan Dakan complimented the organizers of the recent Local Legends concerts. He
acknowledged Mr. oates for assisting the souud system at the Local Legends coniert.
Councilrnan Blacker reported on the progress of the Caldwe.ll Economic Development Council andtheir assistance with the proposed big box development at sky Ranch Business park.
(MAYOR'S COMMENTS)
The Mayor rePorted conceming his recent meeting with FEMA personnel conducted iu Washingtoq
D.C. conceming the FEMA map issues.
He noted that Caldwell and Nampa city staff, representatives of CMII2HIL, Deparhnent of Water
Resources, Bureau of Reclamatior, city attorneys, and Boise Project personnel also met with FEMAstaff from the Seattle Oflice on March 14,2008 at the Caldwell Police Departnent Commrnity Room.CMII2HILL will report thet findings concerning mapping issues to FEMA within the next few weeks.
He rePorted that a new energy grant was inhoduced at the recent National League of Cities (NLC)
Couference. The grant award will be available by 2009 or 2010. The grant worild assistant cities to
move forward concerning energy efficient issues. He has set up o meeting with Sue Seifert and Keu
!a]t9r from the Departrnent of Water Resources to begin compiling an energy plan for the City ofCaldwell in preparation for this grant.
He noted that other issues discussed at the NLC conference include the recommendation lbr fullfunding of the Communif Development Block Grant program, the Justice Assistance Grant program,
and appropriate maDagement of the tansportation trust f:ad. AIso, it was expressed that local
govenunent has become instrumetrtal in carrying the financial burden for various urban programs.
Local leadership expressed their deste for Federal assistatrce to maintain these programs.
Brian Billingsley reported that the City of Caldwell was selected to present information concerning ourIadian Creek Project at the. upcoming American Planner's Association Convention to be held itr Lasvegas, Nevada on April 3 0u. Approximatery 5,500 pranners aftend this conference.
The Mayor reported that Jordan Ozuna from the Mayor's Youth Advisory Council was selected as a
member on the National League Cities Youth Education and Families Council representing the State ofIdaho. She is the fust youth representative from the State of Idaho to be selected. Ms. Ozuna is ajrmior and has served on the council for three years.
The State ofthe County address has been rescheduled to April 26.
(EXECUTIW SESSION PIJRSUANT TO IDAHO CODE, SECTION 67-2345, SUBSECTION (F)
F'OR TIIE PURPOSE OF DISCUSSING PENDING LITIGATIOI9
MOVED by Oates, SECONDED by Blacker to convene into an Executive Session at 9:25 p.m.
Pursuant to Idaho State Code 67'2345, subsection I(f) for the purpose ofdiscussing pending litigation.
Roll call vote. Those voting yes: oates, Hopper, callsen, Dakan, Sobba, and Blacker. Those voti:rg
no: none. Absent and./or not voting: none.
- MOTIONCARRIED
MovED by oates, SECONDED by callsen to reconvene into the Regular council Meeting.
Roll call vote. Those voting yes: oates, Hopper, callsen, Dakan, sobb4 and Blacker, Those voting
no: none. Absent aad/or not voting: none.
MOTION CARRIED
(ADJOURNMENT)
MOVED by Hopper, SECONDED by Oates to adjourn at 9:59 p.m.
BOOK49
Those voting yes: unanimous-
APPROVED AS THIS 7TH DAY
MOTION CARRIED
2008.
PAGE 45
o o
.a
City Clerk
JA'AI 15
,
D *"il"^ttfi*l:?ii*rEr^c
WORKSHOP AT 6:30 P.M. AT THE POLICE STATION COMMUNITY ROOM REGARDING THE
AREA OF IMPACT.
INVOC.A,TION OFFERED BY PASTOR LOUIS ACOSTA OF THE SALVATION ARMY CHURCH'
PLEDGE OF ALLEGIANCE TO THE FLAG.
ROLL CALL.
SPECIAL PRESENTATIONS.
ADDITIONS OR DELETIONS TO TTIE AGENDA.
AUDIENCE PARTICIPATION.
CONSENT CALENDAR:
1. Approve acceptance of the minutes from the Regular City Council meeting held on March 3, 2008; the
caidwell Industrial Airport commission meeting held on March 6, 2008; the caldwell Traffic
Commission meeting heid on March 3,2008; the Planning &Zoilng Commission meetings held on
December 11,2007'afi February 12,2OO8; and the Hearing Examiner meeting held on December 26,
2007;
Approve Order of Decision and Development Agreement for Case No. ZON-54-07 @ennett Forest2
rezone);
3. Approve Order of Decision for Case No. SUB-I86P-07 (White Pine Station preliminary plat);
+. epprove Resolution authorizing the execution of a Consulting Services Agreement with CH2MHILL for
review of FEMA Analysi.s of Indian Creek;
5. Approve Resolution atcepting a Quitclaim Deed from David Tiffany for right-of-way improvements
along North Georgia Avenue;
6. Appiove the appointment of Melissa Stringfield to the Caldwell Public Library Board of Trustees for a
five-year term ending December 31,2013.
OLD BUSINESS:
1. Continued public Hearing (Quasi-judicial): Case No. ANN-164-07 a request by the City of Caldwell for
Category B annexation oi )O.OS aires with R-1 (Single-Family Residential) zoning and C-2 (Community
Commeicial) zoning and designations on the Caldwell Comprehensive Plan as Low Density Residential
andCommercial.Thesitesarilocatedasfollows:4522LakeAvenue.; 2808MarbleFrontRoad.;2816
Marble Front Road.; 1120 W. Logan Street.; 1106 W. Logan Street.; 3904 S. IndianaAvenue.; 3912 S.
Florida Avenue.; td+ amter Street.; 1409 E. Ustick Road.; 5023 Hwy 20-26; 5205 Hwy 20-26;715
Borchers Larc.; 123 Borchers Lane.; 5017 Hwy 20-26;4114 Nelson Lane.; 712 Borchers Late.; 2703
Marble Front Road.; 2TO2Marble Front Road.; and2722 Marble Front Road.
NEW BUSINESS:
1. Consider Bill 24 (Ordinance 2744) to approve annexation to the Municipal Irrigation District for Castle
peak Subdivision No. 2, Charmae Springs Subdivision No. 3, Pheasant Run Subdivision No. 3, Pheasant
Run Subdivision No. a, and Exhibiis e, S, C, and D with a request to waive the rules, pass on the first
reading, and approve the summary for publication.
2. Consider Bill 25 (Ordinance Zl+51 to.tarify tt. City of Caldwell's application of a-portion of the 2006
lntemational nuitaing Code with respect to requirements for construction for R-4 residential
occupancies with a request to waive the rules and pass on the first reading.
3. public Hearing (euasi-;uaiciat): Case No. ANN-170-08 (Thomas annexation) a request by George
Thomas for annexation of O.AO acres with C-2 (Community Commercial) zoning, a Comprehensive Plan
Map amendment from Medium Density Residential to Commercial, and a development agreement. The
site is located at 4024 S. Florida Avenue.
4. public Hearing (Quasi-judicial): Case No. SUB-578-00 (Virginia Park time extension) a request by Dyver
Development 11,L ani Bailey Engineering for a one-year time exlension on Virginia Park Subdivision'
The site is located at the northeast comer of the intersection of KCID Road and Highway 20-26'
5. public Hearing (Legislative): Case No. OA-94-08 a request by Caldwell's Planning and Zoning Director
for an ordinance Amendment regarding the adoption of an amended zoning map.
6. Consider Bill No. I (Ordinance ilZtl to, Case No. OA-94-08 (zoning map amendment) with a request to
waive the rules, pass on the first reading, and approve the summary for publication.
7. Financial & Human Resolrce Reports.
8. Council Repods.
9. Mayor's Comments.
10. Executive Session pursuant to Idaho Code, Section 67-2345, Subsection (f) for the pu{pose ofdiscussing
pending litigation.
11. Adjoum.
Next Regular City council Meeting is on Monday, April 7,2008 at 7:00 p.m. in the community Room at
the Caldwell police Station at 110 S6uth Fifth. Ani person needing special accommodations to participate in
the meeting should contact the City Clerk at 411 giaine Sheet or call tA55-4656 prior to the meeting. Agenda
and Minutes can be viewed on the City of Caldwell's website: www.citvofcaldwell.com. /\( c- r