HomeMy WebLinkAbout2007-04-16city council minutesBOOK 48
REGULAR MEETING
APRIL 16, 2007
7:00 P.M.
The Meeting was called to order by Mayor Nancolas.
PAGE 73
The invocation was offered by Pastor Jose' Quezada of Deer Flat Free Methodist Church. The Mayor asked everyone
to remain standing for the Pledge of Allegiance to the Flag.
The Roll of the City Council was called with the following members present: Blacker, Oates, Hopper, Callsen, Dakan,
and Wells. Absent: None.
SPECIAL PRESENTATIONS
The Mayor recognized the students in attendance from the Caldwell High School government class. Student teacher,
Shannon McNall, asked the students to stand and introduce themselves.
The Mayor introduced members of the Caldwell Police Department Street Crimes Unit as employees of the month:
Sergeant Tony Thompson, Corporal Joey Hoadley, Larry Hemmert, and Danny Tabor. (Larry Hemmert was not in
attendance.) The Mayor expressed appreciation to these officers for their outstanding efforts in reducing crime and
taking a stand within this community. Plaques and gift certificates were awarded to each officer. Sgt. Thompson
expressed appreciation to his son, David, for assisting with the investigation by creating a mock site on "My Space."
The Mayor introduced Kristen Van Engelen from SelEquity Realty located in Boise. He noted that seven members of
the Mayor's Youth Advisory Council were recently able to attend a Youth Leadership Council in Washington, D.C.
due to a donation from SelEquity. Ms. Van Engelen reported that SelEquity and their corporate attorney, T.J.
Angtsman, contributed approximately $5,000 to sponsor this event. Sarah Tidwell, Kimera Nielson, Angie Bush, and
Karen Kener from the Mayor's Youth Advisory Council introduced themselves and gave a brief summary of
highlights from their trip and the conference. They thanked SelEquity Realty for sponsoring the trip and the Council
for supporting their efforts.
ADDITIONS OR DELETIONS TO THE AGENDA
MOVED by Blacker, SECONDED by Oates to amend the agenda by continuing Item #4 under Old Business to the
next Regular City Council Meeting to be held on Monday, May 7, 2007 at 7:00 p.m. and add Item 5 -A under New
Business to consider Resolution No. 59 -07, a request to adopt a Municipal Agreement with Textron Financial
Corporation for golf course equipment.
Roll call vote. Those voting yes: Blacker, Oates, Hopper, Callsen, Dakan, and Wells. Those voting no: none. Absent
and /or not voting: none.
MOTION CARRIED
AUDIENCE PARTICIPATION
None.
CONSENT CALENDAR:
The Mayor presented the following items on the Consent Calendar for approval by Members of the City Council:
1. Approve acceptance of the minutes from the Regular City Council meeting held on April 3, 2007; the Caldwell Traffic
Commission meeting held on April 2, 2007; the Friends of the Caldwell Depot Committee meeting held on March 6,
2007; the Planning and Zoning Commission meeting held on March 13, 2007; and the Caldwell Golf Board held on
March 2, 2007;
2. Approve Order of Decision and Development Agreement for Case Nos. ANN- 135 -06 & SUB- 160P -06 (Sierra Ridge
Subdivision);
3. Approve Order of Decision and Development Agreement for Case Nos. ANN- 139 -06 & SUB- 162P -06 (Hamilton
Estates Subdivision);
4. Approve Order of Decision and Development Agreement for Case Nos. ANN- 140 -06 & SUB- 163P -06 (Mandalay
Ranch Subdivision);
5. Approve Order of Decision for Case No. SUB- 127F -06 (Dakota Crossing #1);
6. Approve Order of Decision for Case No. OA -82 -07 (Impact Fees);
7. Approve Order of Decision for Case No. DAN -01 -07 (Payne de- annexation);
8. Approve Order of Decision for Case No. DAN -02 -07 (Matsumoto de- annexation);
9. Approve Order of Decision for Case No. SUB- 168P -06 (Swan Ridge Subdivision);
10. Approve Resolution No. 56 -07 accepting dedication of sewer, water, and storm drain improvements from Howell -
Murdock Development Corporation and Kevin Howell Construction for Sienna Hills Subdivision Phase I;
11. Approve Resolution No. 55 -07 accepting a Warranty Deed from Michael and Roberta Stewart for public right -of -way
along Linden Street;
12. Approve Resolution No. 57 -07 authorizing the execution of a Street Light Agreement with Howell- Murdoch
Development Corporation for decorative street lights in Sienna Hills Subdivision;
13. Approve Resolution No. 58 -07 authorizing the execution of a Lease Agreement with Delta Storage for Caldwell
Police Department storage;
14. Approve appointment of Ron Blakley for a (1) year term ending December 31, 2008 and Eileen Davidson for a (1)
year term ending December 31, 2008 to the Caldwell Historic Preservation Commission;
15. Approve resignation of Nick Voth from the Design Review Committee.
BOOK 48 PAGE 74
MOVED by Oates, SECONDED by Blacker to approve the Consent Calendar as presented.
Those voting yes: unanimous.
OLD BUSINESS
MOTION CARRIED
(CONSIDER BILL NO. 75 [ORDINANCE NO. 26501 FOR CASE NO. ANN - 142 -06 [KLAMATH FALLS
SUBDIVISION] WITH A REQUEST TO WAIVE THE RULES, PASS ON THE FIRST READING, AND
APPROVE THE SUMMARY FOR PUBLICATION)
The Mayor read Bill No. 75 by title only:
AN ORDINANCE DETERMINING THAT CERTAIN LAND LAYS CONTIGUOUS TO THE CITY LIMITS OF THE
CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO, AND THAT SAID LANDS SHOULD BE
ANNEXED TO THE CITY OF CALDWELL, IDAHO, AS PART OF THE R -1 (SINGLE FAMILY RESIDENTIAL)
ZONE DISTRICT; DECLARING SAID LANDS BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW TO
BE A PART OF THE CITY OF CALDWELL, CANYON COUNTY, IDAHO; DIRECTING THE CITY ENGINEER
AND PLANNING AND ZONING DIRECTOR TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY
OF CALDWELL, IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN
CONFLICT HEREWITH; AND DIRECTING THE CLERK OF THE CITY OF CALDWELL TO FILE A CERTIFIED
COPY OF THE ORDINANCE AND MAP OF THE AREA TO BE ANNEXED WITH CANYON COUNTY, STATE OF
IDAHO AND THE IDAHO STATE TAX COMMISSION, PURSUANT TO IDAHO CODE, SECTION 63 -215.
MOVED by Hopper, SECONDED by Callsen to waive the three reading process and consider Bill No. 75 on its first
reading by title only.
Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Wells, Blacker, and Oates. Those voting no: none. Absent
and /or not voting: none.
MOTION CARRIED
MOVED by Hopper, SECONDED by Oates to sponsor Bill No. 75, move for its passage, and approve the summary for
publication.
Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Wells, Blacker, and Oates. Those voting no: none. Absent
and /or not voting: none.
MOTION CARRIED
(CONSIDER BILL NO. 4 [ORDINANCE NO. 26551 FOR CASE NO. ANN - 145 -07 [DYVER DEVELOPMENT
ANNEXATION BY LAND PRO DEVELOPMENT] WITH A REQUEST TO WAIVE THE RULES, PASS ON
THE FIRST READING, AND APPROVE THE SUMMARY FOR PUBLICATION)
The Mayor read Bill No. 4 by title only:
AN ORDINANCE DETERMINING THAT CERTAIN LAND LAYS CONTIGUOUS TO THE CITY LIMITS OF THE
CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO, AND THAT SAID LANDS SHOULD BE
ANNEXED TO THE CITY OF CALDWELL, IDAHO, AS PART OF THE R -1 (SINGLE FAMILY RESIDENTIAL)
ZONE; DECLARING SAID LANDS BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW TO BE A PART
OF THE CITY OF CALDWELL, CANYON COUNTY, IDAHO; DIRECTING THE CITY ENGINEER AND
PLANNING AND ZONING DIRECTOR TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF
CALDWELL, IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN
CONFLICT HEREWITH; AND DIRECTING THE CLERK OF THE CITY OF CALDWELL TO FILE A CERTIFIED
COPY OF THE ORDINANCE AND MAP OF THE AREA TO BE ANNEXED WITH CANYON COUNTY, STATE OF
IDAHO AND THE IDAHO STATE TAX COMMISSION, PURSUANT TO IDAHO CODE, SECTION 63 -215.
MOVED by Hopper, SECONDED by Callsen to waive the three reading process and consider Bill No. 4 on its first
reading by title only.
Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Wells, Blacker, and Oates. Those voting no: none. Absent
and /or not voting: none.
MOTION CARRIED
MOVED by Hopper, SECONDED by Callsen to sponsor Bill No. 4, move for its passage, and approve the summary for
publication.
Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Wells, Blacker, and Oates. Those voting no: none. Absent
and /or not voting: none.
MOTION CARRIED
(CONSIDER BILL NO. 9 [ORDINANCE NO. 26601 FOR CASE NO. ANN - 148 -07 [TELFORD ANNEXATION]
WITH A REQUEST TO WAIVE THE RULES, PASS ON THE FIRST READING, AND APPROVE THE
SUMMARY FOR PUBLICATION)
The Mayor read Bill No. 9 by title only:
BOOK 48
PAGE 75
AN ORDINANCE DETERMINING THAT CERTAIN LAND LAYS CONTIGUOUS TO THE CITY LIMITS OF THE
CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO, AND THAT SAID LANDS SHOULD BE
ANNEXED TO THE CITY OF CALDWELL, IDAHO, AS PART OF THE R -1 (SINGLE FAMILY RESIDENTIAL)
ZONE; DECLARING SAID LANDS BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW TO BE A PART
OF THE CITY OF CALDWELL, CANYON COUNTY, IDAHO; DIRECTING THE CITY ENGINEER AND
PLANNING AND ZONING DIRECTOR TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF
CALDWELL, IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN
CONFLICT HEREWITH; AND DIRECTING THE CLERK OF THE CITY OF CALDWELL TO FILE A CERTIFIED
COPY OF THE ORDINANCE AND MAP OF THE AREA TO BE ANNEXED WITH CANYON COUNTY, STATE OF
IDAHO AND THE IDAHO STATE TAX COMMISSION, PURSUANT TO IDAHO CODE, SECTION 63 -215.
MOVED by Hopper, SECONDED by Blacker to waive the three reading process and consider Bill No. 9 on its first
reading by title only.
Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Wells, Blacker, and Oates. Those voting no: none. Absent
and /or not voting: none.
MOTION CARRIED
MOVED by Hopper, SECONDED by Blacker to sponsor Bill No. 9, move for its passage, and approve the summary for
publication.
Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Wells, Blacker, and Oates. Those voting no: none. Absent
and /or not voting: none.
MOTION CARRIED
(CONTINUED PUBLIC HEARING [LEGISLATIVE]: CASE NO. OA- 83 -07, A REQUEST BY CALDWELL'S
PLANNING AND ZONING DEPARTMENT FOR A TEXT AMENDMENT TO SECTION 10- 08- 02[8]E OF THE
ZONING ORDINANCE CONCERNING ARBORIST CONTRACTOR LICENSING IN THE CITY OF
CALDWELL)
[By previous motion, this public hearing was continued to the neat Regular City Council Meeting to be held on Monday,
May 7, 2007 at 7:00 p.m.]
NEW BUSINESS
(PUBLIC HEARING [LEGISLATIVE]: A REQUEST BY THE FIRE CHIEF CONCERNING PROPOSED
AMENDMENTS TO CHAPTER 8 OF THE CALDWELL MUNICIPAL CODE RELATING TO THE
ADOPTION OF THE 2003 INTERNATIONAL FIRE CODE)
Mark Wendelsdorf, Fire Chief at 310 South 7"' Avenue, spoke in favor of the request. He noted that this item deals with a
housekeeping issue to adopt the 2003 International Fire Code (IFC) as a part of the Municipal Code. The ordinance also
includes clarifications and deletions of past provisions that are now incorporated into the 2003 IFC.
In response to questions from the Mayor, Mark Hilty, City Attorney, noted that this action updates the City Code with
State regulations.
MOVED by Dakan, SECONDED by Hopper to close the public hearing.
Those voting yes: unanimous.
MOTION CARRIED
(CONSIDER BILL NO. 27 [ORDINANCE NO. 26781 FOR PROPOSED AMENDMENTS TO CHAPTER 8 OF
THE CALDWELL MUNICIPAL CODE RELATING TO THE FIRE PREVENTION CODE WITH A REQUEST
TO WAIVE THE RULES, PASS ON THE FIRST READING, AND APPROVE THE SUMMARY FOR
PUBLICATION)
The Mayor read Bill No. 27 by title only:
AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF CALDWELL, A MUNICIPAL
CORPORATION, STATE OF IDAHO, BY AMENDING ARTICLES 13 CHAPTER 8 REGARDING FIRE
PREVENTION CODE, REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN
CONFLICT HEREWITH.
MOVED by Hopper, SECONDED by Blacker to waive the three reading process and consider Bill No. 27 on its first
reading by title only.
Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Wells, Blacker, and Oates. Those voting no: none. Absent
and /or not voting: none.
MOTION CARRIED
MOVED by Hopper, SECONDED by Blacker to sponsor Bill No. 27, move for its passage, and approve the summary for
publication.
Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Wells, Blacker, and Oates. Those voting no: none. Absent
and /or not voting: none.
BOOK 48
PAGE 76
MOTION CARRIED
(PUBLIC HEARING [QUASI - JUDICIAL]: CASE NO. ANN - 150 -07, A REQUEST BY JAY
GIBBONS /CERTIFIED MECHANICAL SERVICES, LLC FOR ANNEXATION OF 5.5 ACRES LOCATED AT
SOUTH 10 AVENUE INTO THE CITY OF CALDWELL WITH C -2 [COMMUNITY COMMERCIAL]
ZONING, A COMPREHENSIVE PLAN MAP AMENDMENT FROM LOW DENSITY RESIDENTIAL TO
COMMERCIAL, AND A DEVELOPMENT AGREEMENT LISTING THE TERMS AND CONDITIONS OF
THE LAND USE ZONE CLASSIFICATION APPROVAL)
The Mayor explained the public hearing process and had the clerk swear in those who were signed up to speak at any of
the public hearings tonight.
Brian Billingsley, 621 Cleveland Blvd., acknowledged being sworn in and reported that the applicant has asked for a
continuance of the public hearing. He noted that the applicant has contested one of the Special Use Permit conditions
concerning the mini - storage units located on the site. City staff will meet with the applicant to review the Planning &
Zoning Commission tapes regarding this item.
MOVED by Hopper, SECONDED by Oates to continue the item to the next Regular City Council Meeting to be held on
May 7, 2007 to allow the applicant and staff to review the conditions of approval.
Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Wells, Blacker, and Oates. Those voting no: none. Absent
and /or not voting: none.
MOTION CARRIED
(PUBLIC HEARING [QUASI- JUDICIAL]: CASE NO. ANN - 143 -06, A REQUEST BY SANDRA ARREOLA
FOR ANNEXATION OF 0.75 ACRES LOCATED AT 808 S. KCID ROAD INTO THE CITY OF CALDWELL
WITH R -1 [SINGLE- FAMILY RESIDENTIAL] ZONING AND A COMPREHENSIVE PLAN MAP
AMENDMENT FROM AGRICULTURE TO LOW DENSITY RESIDENTIAL)
The Mayor declared the public hearing open.
Brian Billingsley, 621 Cleveland Blvd., acknowledged being sworn in, outlined the facts as written within the staff report,
and presented an aerial map of the site, which the Mayor labeled as CC -1000. He noted that there is an existing single -
family residence on the site.
Gordon Law, 621 Cleveland Blvd., responded to questions from Councilman Hopper concerning right -of -way dedication.
He stated that the engineering department would require right -of -way dedication within 90 -days of approval; however,
street improvements are not required at this time.
Sandra Aereola, 808 S. KCID Road, acknowledged being sworn in and spoke in favor of the request. Ms. Aerola stated
that she is requesting annexation because she wishes to connect to City water service due to the present condition of her
well.
MOVED by Oates, SECONDED by Hopper to close the public testimony portion of this hearing
Those voting yes: unanimous.
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MOTION CARRIED
The Mayor presented the Evidence List: staff report, sign up sheets, preliminary plat, and CC -1000 (aerial map presented
by Brian Billingsley).
MOVED by Hopper, SECONDED by Oates to accept the Evidence List as presented.
Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Wells, Blacker, and Oates. Those voting no: none. Absent
and /or not voting: none.
MOTION CARRIED
COMPREHENSIVE PLAN ANALYSIS FOR CASE NO. ANN- 143 -07:
MOVED by Hopper, SECONDED by Blacker to accept the Comprehensive Plan Analysis as presented in the staff report
under roman numeral V.
Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Wells, Blacker, and Oates. Those voting no: none. Absent
and /or not voting: none.
MOTION CARRIED
FINDINGS OF FACT ON CASE NO. ANN- 143 -07:
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 there was no objection to the
annexation request.
Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Wells, Blacker, and Oates. Those voting no: none. Absent
and /or not voting: none.
MOTION CARRIED
CONCLUSIONS OF LAW ON CASE NO. ANN - 143 -07:
BOOK 48
PAGE 77
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.
Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Wells, Blacker, and Oates. Those voting no: none. Absent
and /or not voting: none.
MOTION CARRIED
ORDER OF DECISION ON CASE NO. ANN- 143 -07:
MOVED by Hopper, SECONDED by Blacker that based on the Findings of Fact and Conclusions of Law, the Caldwell
City Council hereby orders that Case No. ANN- 143 -07, a request by Sandra Arreola for annexation of 0.75 acres located
at 808 S. KCID Road into the City of Caldwell with R -1 (Single - Family Residential) zoning and a comprehensive plan
map amendment from agriculture to low density residential, is approved with the conditions listed in Section 8 of the staff
report.
Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Wells, Blacker, and Oates. Those voting no: none. Absent
and /or not voting: none.
MOTION CARRIED
MOVED by Hopper, SECONDED by Oates to close this public hearing.
Those voting yes: unanimous.
MOTION CARRIED
(PUBLIC HEARING [QUASI - JUDICIAL]: CASE NO. SUB- 31P[E3] -99 [POWELL ESTATES], A REQUEST BY
SHAWN NICKEL, SLN PLANNING, INC. AND AMANDA ALVARO FOR A TIME EXTENSION OF TWO [2]
YEARS ON THE DEVELOPMENT AGREEMENT FOR COMMERCIAL LOT DEVELOPMENT LOCATED
AT USTICK ROAD AND FLORIDA AVENUE)
The Mayor declared the public hearing open.
Brian Billingsley, 621 Cleveland Blvd., gave the staff report and outlined the facts as written. He presented an aerial map
of the site, which the Mayor labeled as CC -1000. He noted that the original request for annexation and preliminary plat
was approved in 1999. The preliminary plat lends for development of four commercial lots. The residential portion of
Powell Estates is fully developed but currently lacks development of the commercial portion. He stated that in April 2003
Alvin Powell applied for an extension of the development agreement, which states that the site must be developed by April
17, 2007. The new owner of the site has requested an extension. Staff recommends that the development agreement be
extended for an additional two years with the condition that they comply with all current City codes, ordinances, standards,
and policies.
Discussion followed concerning this request and whether it is in the best interest of the City to extend this development
agreement once again.
Mark Hilty stated that the applicant would be required to comply with whatever updated City codes would apply at the
time they came to seek development approval or building permits. Over this period of time, such improvements would
include the Landscaping Ordinance, the functionally classified road width (if it is different), the Stormwater Policy, and
the original conditions.
In response to questions from Mr. Hilty, Mr. Billingsley clarified that it is clear in the proposed amendment that the new
ordinances would control over the old language, if they are inconsistent. He noted that Item 6.4 in the staff report states,
"All requirement of current City codes, ordinances, policies and standards shall be met in addition to the requirements
listed in the existing development agreement."
Mr. Hilty suggested that Item 6.4 be amended to state that if there are any inconsistencies between the original
development agreement and the updated codes, the current codes would control.
Councilman Hopper asked if the plat would need to be revised to meet the current codes and standards.
Mr. Hilty stated that since the Comprehensive Plan has changed since the time of the preliminary plat submittal, staff
would need to review the details closely.
Mr. Billingsley stated that no final plat has been approved on the commercial portion of this development. The final plat
would meet the current City codes, ordinances, policies, and standards.
Shawn Nickel, 148 North 2 nd Street, Eagle, acknowledged being sworn in and spoke in favor of this request. He reported
that the applicant, Amanda Alvaro, purchased the property in 2006. Ms. Alvaro was not made aware of the first
development agreement extension at the time of purchase. He stated that the applicant has purchased all four separate lots
and desires to develop the site with permitted neighborhood commercial uses. The plan includes multiple uses within one
building. He noted that the original application was approved under a PUD with no pathway connectivity; however, there
is a possibility that a detached sidewalk along Florida Street could be used to connect the Powell Estates to the proposed
commercial development. They are currently working to submit a plan this year, which would meet all current
requirements.
In response to questions from Councilmen Hopper and Wells, Mr. Billingsley suggested that the applicant be allowed to
extend the development agreement and not start over since they are still planning to develop a commercial use as per the
original application.
BOOK 48 PAGE 78
MOVED by Dakan, SECONDED by Hopper to close the public testimony portion of this hearing.
Roll call vote. Those voting yes: Dakan, Wells, Blacker, Oates, Hopper, and Callsen. Those voting no: none. Absent
and /or not voting: none.
MOTION CARRIED
EVIDENCE LIST FOR CASE NO. SUB- 31P(E3) -99
The Mayor presented the Evidence List: staff report, sign up sheets, preliminary plat and CC -1000 (aerial map of the site
provided by Brian Billingsley).
MOVED by Hopper, SECONDED by Blacker to accept the Evidence List as presented.
Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Wells, Blacker, and Oates. Those voting no: none. Absent
and /or not voting: none.
MOTION CARRIED
FINDINGS OF FACT ON CASE NO. SUB- 31P(E3) -99
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 there was no opposition to this
extension.
Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Wells, Blacker, and Oates. Those voting no: none. Absent
and /or not voting: none.
MOTION CARRIED
CONCLUSIONS OF LAW ON CASE NO. SUB-3 1 P(E3)-99:
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.
Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Wells, Blacker, and Oates. Those voting no: none. Absent
and /or not voting: none.
MOTION CARRIED
ORDER OF DECISION ON CASE NO. SUB-3 1 P(E3)-99:
MOVED by Hopper, SECONDED by Blacker that based on the Findings of Fact and Conclusions of Law, the Caldwell
City Council hereby orders that Case No. SUB- 31P(E3) -99, a request by Shawn Nickel, SUN Planning, Inc. and Amanda
Alvaro for a time extension of two (2) years on the development agreement for commercial lot development located at
Ustick Road and Florida Avenue, is approved, with conditions as indicated in the staff report and note specifically that
further development will require the applicant to meet all current City codes, ordinances, policies, and standards.
Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Wells, Blacker, and Oates. Those voting no: none. Absent
and /or not voting: none.
MOTION CARRIED
MOVED by Dakan, SECONDED by Hopper to close this public hearing.
Those voting yes: unanimous.
MOTION CARRIED
(CONSIDER RESOLUTION NO. 59 -07, A REQUEST TO APPROVE AN AGREEMENT WITH TEXTRON
FINANCIAL CORPORATION REGARDING GOLF COURSE EQUIPMENT)
Mark Hilty, City Attorney, presented the resolution and noted that the delay in presenting the document to Council was
due to finance arrangements, which needed to be consistent with the municipal financing restrictions in the State of Idaho.
The Municipal Agreement was drafted by Nick Miller, attorney for Textron and a specialist in Idaho municipal financing.
The document is consistent with Idaho law. He noted that the decision to acquire the equipment was previously approved
and this agreement concludes the process. He recommended its approval.
In response to questions from Councilman Wells and Hopper, Mr. Hilty stated that there would not be a penalty for early
payoff of the contract. He clarified that all of the warranties would be disclaimed and, therefore, it would be the
responsibility of the City to maintain and repair the equipment.
Councilman Wells reported that the Golf Superintendent, Ken Wheeler, had expressed concern with the performance of
the new equipment.
The Mayor reported that he had not heard any complaint from personnel concerning this issue but would like to follow up
with City staff about the equipment before the agreement is executed.
MOVED by Hopper, SECONDED by Oates to continue this item to the next Regular City Council Meeting to be held on
May 7, 2007 at 7:00 p.m. to allow clarification from staff regarding this issue.
Those voting yes: unanimous.
MOTION CARRIED
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