HomeMy WebLinkAbout2006-09-04city council minutesBOOK 48
REGULAR MEETING
SEPTEMBER 4, 2007
7:00 P.M.
The Meeting was called to order by Mayor Nancolas.
PAGE 148
The Mayor welcomed those in attendance and asked everyone to stand 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.
SPECIAL PRESENTATIONS
None.
ADDITIONS OR DELETIONS TO THE AGENDA
MOVED by Blacker, SECONDED by Oates to amend the agenda by removing Item No. 20 under the Consent
Calendar and Item No. 1 under New Business, add the words "and Allied Waste" to Item No. 2 under the Consent
Calendar, and add Item 6(a) under New Business to read: "Consider acceptance of the amendment to the FY 2006 -07
Appropriations Ordinance and set the public hearing date for September 17, 2007 at 7:00 p.m. during the next Regular
City Council Meeting.
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 August 20, 2007; the Planning &
Zoning Commission meetings held on June 12, 2007 and July 10, 2007; the Caldwell Hearing Examiner meetings
held on June 26, 2007 and July 24, 2007; the Caldwell Golf Board meeting held on August 15, 2007; and the Friends
of the Depot meeting held in August;
2. Accept and include the Planning & Zoning [and Allied Waste] fees in excess of 5% in the September 17, 2007 public
hearing;
3. Approve and adopt the 2008 City Council Calendar;
4. Approve the appointment of Gerald Schroder to the Caldwell Golf Board;
5. Approve request from the Caldwell Historic Preservation Commission for waiver of building permit fees for restoration
of the HAT historical structure located at 2112 Cleveland Boulevard;
6. Approve Order of Decision for Case No. SUB- 96(2)E -03 (Quail Ridge time extension);
7. Approve Order of Decision for Case No. SUB- 172P -07 (Pennsylvania Park preliminary plat);
8. Approve Resolution No. 125 -07 adopting the fees for the collection of solid waste;
9. Approve Resolution No. 126-07 accepting a warranty deed with Jeffrey T. Scott and Cheryl D. Scott for future road
improvements along Marble Front Road;
10. Approve Resolution No. 127 -07 accepting a Deferral Agreement with John Palleria and Sallie Palleria for temporarily
deferring public improvement construction;
11. Approve Resolution No. 128 -07 accepting dedication of sewer main, water main, storm drain main, and street lights
by Montecito Park, LLC for Montecito Park No. 4 Subdivision;
12. Approve Resolution No. 129 -07 accepting dedication of sewer main, water main, storm drain main, and street lights
by Howell- Murdoch Development Corporation and Kevin Howell Construction, Inc. for Sienna Hills Subdivision No.
2;
13. Approve Resolution No. 130 -07 accepting dedication of sewer main, water main, storm drain main, and street lights
by Eldorado Development, LLC for Eldorado Estates;
14. Approve Resolution No. 131 -07 accepting the temporary construction easements for the Ustick Road Improvement
Project #40009205;
15. Approve Resolution No. 132 -07 authorizing the execution of an Agreement for Professional Services with J -U -B
Engineers, Inc. for the North Area Sewer Master Plan;
16. Approve Resolution No. 133 -07 authorizing the execution of an agreement titled "File an Application for Permit to
Appropriate the Waters of the State of Idaho' with Hydro Logic, Inc. for Purple Sage Elementary Well;
17. Approve Resolution No. 134 -07 authorizing the execution of an Agreement Regarding Cooperative Use of Electrical
Inspectors" with the City of Nampa for sharing electrical inspection personnel;
18. Approve Resolution No. 135 -07 authorizing the execution of a B1uePrince Community Development Software —
Statement of Work Agreement with BUILDERadius, Inc.;
19. Approve Resolution No. 136 -07 authorizing the execution of a Memorandum Agreement for wildland fire support;
20. Approve Resolution authorizing the execution of a Consent to Use Agreement for a sewer crossing of Parker Gulch on
Marshall Avenue with the Bureau of Reclamation. [removed]
MOVED by Oates, SECONDED by Blacker to approve the Consent Calendar as amended.
Those voting yes: unanimous.
BOOK 48
OLD BUSINESS
PAGE 149
MOTION CARRIED
(SECOND READING OF BILL NO. 50 [ORDINANCE NO. 27011 MODIFYING EXISTING SECTION 02 -01 -05
REGARDING A COUNCILPERSON SEEKING THE OFFICE OF MAYOR)
The Mayor read Bill No. 50 (Ordinance No. 270 1) by title only:
AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING CHAPTER 2, ARTICLE 1,
SECTION 02 -01 -05 OF CITY CODE; DELETING PROVISIONS REQUIRING A CITY COUNCILPERSON TO
RESIGN HIS OR HER POSITION UPON FILING OF A PETITION FOR NOMINATION OF THE OFFICE OF
MAYOR; AMENDING CHAPTER 3, ARTICLE 5, SECTION 03 -05 -03 OF CITY CODE; REQUIRING A NEWLY
ELECTED MAYOR TO RESIGN FROM CONFLICTING POSITIONS WITH THE CITY UPON TAKING OFFICE;
PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND REPEALING ALL
ORDINANCES, RESOLUTIONS, ORDERS AND PARTS THEREOF IN CONFLICT HEREWITH.
MOVED by Blacker, SECONDED by Oates to let this stand as the second reading of Bill No. 50.
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
(CONSIDER BILL NO. 39 [ORDINANCE NO. 26901 FOR CASE NO. ANN - 158 -07 [CORN ANNEXATION] WITH
A REQUEST TO WAIVE THE RULES, PASS ON THE FIRST READING, AND APPROVE THE SUMMARY
FOR PUBLICATION)
The Mayor read Bill No. 39 (Ordinance No. 2690) 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 Blacker to waive the three reading process and consider Bill No. 39 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 39, 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. 8 [(ORDINANCE NO. 26591 FOR CASE NO. ANN - 147 -07 /SUB- 170P -07 [EAGLE ROCK
SUBDIVISION 421 WITH A REQUEST TO WAIVE THE RULES, PASS ON THE FIRST READING, AND
APPROVE THE SUMMARY FOR PUBLICATION)
The Mayor read Bill No. 8 (Ordinance No. 2659) 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 Blacker to waive the three reading process and consider Bill No. 8 on its first
reading by title only.
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PAGE 150
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 8, 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 43 [ORDINANCE NO. 26941 FOR CASE NO. OA -87 -07 [TEMPORARY USE PERMITS]
WITH A REQUEST TO WAIVE THE RULES, PASS ON THE FIRST READING, AND APPROVE THE
SUMMARY FOR PUBLICATION)
The Mayor read Bill No. 43 (Ordinance No. 2694) by title only:
AN ORDINANCE AMENDING THE CALDWELL ZONING ORDINANCE CONCERNING TEMPORARY USE
PERMITS AND THE CALDWELL CITY CODE CONCERNING BUSINESS LICENSING OF TEMPORARY USES;
PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND REPEALING ALL
ORDINANCES, RESOLUTIONS, ORDERS, AND PARTS THEREOF IN CONFLICT HEREWITH.
MOVED by Hopper, SECONDED by Blacker to waive the three reading process and consider Bill No. 43 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 43, 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
NEW BUSINESS
(REQUEST FOR CLARIFICATION: CASE NO. SUB /PUD- 119P -05 [FAITH LANDING], A REQUEST BY
MICHAEL RODRIGUEZ FOR CLARIFICATION OF SECTION 2.13, ITEM NO. 12 AND 13 OF THE ORDER
OF DECISION, WHICH WAS SIGNED SEPTEMBER 7, 2005)
[By previous motion, this item was removed.]
(PUBLIC HEARING [QUASI - JUDICIAL]: CASE NO. SUP - 292 -07, A REQUEST BY JOSE AND SANDRA
ZAVALA TO APPEAL THE HEARING EXAMINER'S DENIAL FOR SPECIAL USE PERMIT APPROVAL TO
OPERATE A DAYCARE FACILITY IN AN R -1 SINGLE - FAMILY RESIDENTIAL ZONE LOCATED AT 3404
S. COLORADO AVENUE)
The Mayor declared this public hearing open. He asked that anyone signed up to speak at any of the public hearings please
stand and be sworn in by the clerk. The Mayor explained the quasi - judicial process.
Anne Marie Skinner, 621 Cleveland Boulevard, acknowledged being swom in and presented the staff report, outlined the
facts as written, and presented an aerial map of the site, which the Mayor labeled as CC -1000. She noted that the Hearing
Examiner denied the request with an admonition that the applicant resolve noise issues with the neighbors. The applicant
verbally reported to staff that concerns regarding noise issues have been resolved with the neighbors. The applicant also
reports that she has met the specific daycare requirements as outlined in City Code. The total number of children allowed
under the special use permit is twelve or fewer, which does not include the applicant's children or those related to the
applicant where no compensation is being received for their care. She noted that the applicant was not present for this
evening's public hearing.
The Mayor suggested that the public hearing be continued since the applicant was not in attendance
In response to questions from Councilman Callsen, Ms. Skinner stated that staff is in support of creating neighborhood
daycares as provided for within City Code.
MOVED by Callsen, SECONDED by Oates to continue the public hearing to the next Regular City Council Meeting to be
held on September 17, 2007 at 7:00 p.m.
Roll call vote. Those voting yes: Callsen, Dakan, Wells, Blacker, and Oates. Those voting no: Hopper. Absent and /or not
voting: none.
MOTION CARRIED
(PUBLIC HEARING [QUASI - JUDICIAL]: CASE NO. ANN - 160 -07 & SUB /PUD- 179P -07, A REQUEST BY ED
HENDERSHOT AND LANDMARK ENGINEERING & PLANNING INC. FOR ANNEXATION OF 59.92 ACRES
WITH R -1 SINGLE - FAMILY RESIDENTIAL AND R -3 MULTI - FAMILY HIGH DENSITY RESIDENTIAL
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ZONING; COMPREHENSIVE PLAN MAP DESIGNATIONS OF LOW DENSITY AND HIGH DENSITY
RESIDENTIAL; A DEVELOPMENT AGREEMENT; AND A SUBDIVISION /PLANNED UNIT DEVELOPMENT
FOR COTTONWOOD CREEK SUBDIVISION CONSISTING OF 176 RESIDENTIAL LOTS AND 24 COMMON
LOTS LOCATED AT 9352 HIGHWAY 20/26)
The Mayor declared the public hearing open.
Anne Marie Skinner, 621 Cleveland Boulevard, acknowledged being sworn in, presented the staff report, and outlined the
facts as written. She noted that the density is 3.02 dwelling units per gross acre with an average residential lot size of
8,190 square feet. She presented an aerial map of the site and read a letter from Robert Rosdahl into the record, which the
Mayor labeled as CC- 1000 and CC- 1001.
Ms. Skinner noted that the development contains 21% open space and allows landscape buffers along Hwy. 20/26 and
Knott Lane. She indicated that the Landscape Ordinance requires a buffer between differing uses. A portion of the R -3
zoning would contain single - family residences in which a landscape buffer is not required since the uses would be the
same. However, should the use change, the appropriate landscape buffer would be required as part of the change -of -use
permit as noted within the development agreement. The applicant concurs with the conditions outlined in the staff report
to include placement of the out parcel, owned by the Sanderson family, as part of the development.
Jedd Wyatt, 332 North Broadmore Way, Nampa was sworn in by the clerk. He presented a colored copy of the
preliminary plat, a packet of information, and pictures concerning the development's potential designs, which the Mayor
labeled as CC -1002 and CC -1003. He reported that the mixed development contains multi - family residences, patio homes,
alley - loaded homes, traditional subdivision -size lots, and estate -size lots. The average lot size is 8,190 square feet.
Premier landscaping would be included on Highway 20/26 and Knott Lane at the entrances.
Mr. Wyatt noted that the Five Mile Creek corridor would contain a vehicle bridge. The intention is to extend this 8 -ft.
pedestrian greenbelt from Highway 20/26 to the Boise River. The development's centralized park would contain picnic
tables and benches.
Ed Hendershott, 272 W. River Meadow Drive, Eagle noted he had not been sworn in. He had no comments concerning
the development.
Clint Boyle, 332 North Broadmore Way, Nampa noted he had not been sworn in. He stated that he agreed with testimony
from Mr. Wyatt.
Shelly Fisher, 22900 Conrad Court, Middleton was sworn in by the clerk. She provided information concerning the
residence's potential price range of approximately $185,000 to $425,000.
Gordon Law, 621 Cleveland Boulevard, raised questions regarding the development: Was a landscaping plan submitted
with the application? Would the nature of the homes be subject to the proposed designs as presented by Mr. Wyatt? How
would those designs be implemented? Would a review of those designs be required by the building department?
Ms. Skinner reported that a complete landscaping plan was submitted with the preliminary plat. It was reviewed and
approved by planning & zoning staff as per the Landscaping Ordinance. Items No. 45 and No. 46 within the development
agreement addresses landscaping issues in conjunction with the development's phasing.
Ms. Fisher noted that the development would not be a "builder only" development but rather a multi - builder project.
Some flexibility would need to be granted for each builder's design options.
Mr. Wyatt noted that the elevations were included to explain the planned unit development's potential variety. He noted
that the Hearing Examiner recommends the inclusion of such a design exhibit at the Planning and Zoning public hearing.
He indicated that the elevations are meant to portray the type of housing, particularly in the area that is zoned R -3 for the
alley loaded and patio homes.
Mr. Law asked for further clarification as to how the designs would be implemented.
Ms. Skinner suggested that an item be added to the development agreement stating that the architectural housing comply
with the CC -1003 exhibit. The applicant was in agreement with the suggestion.
Dwight Rice, 9490 Highway 20 -26, acknowledged being sworn in. He noted that their property abuts the proposed
development. They currently have cattle occupying their 4.08 acres with barbed wire and electric fencing. He requested
that vinyl fencing be provided by the applicant for consistency along Knott Lane once it is completed.
Mr. Rice expressed his appreciation for the development's inclusion of the greenbelt pathway and central park. He voiced
his concern with the R -3 area since there would be a lack of buffering between the R -3 zone and his property, which would
be an R -1 zone. He requested a 15 -foot common lot buffering be provided between the two zones with a common theme.
In response to questions from Councilman Hopper, Mr. Rice noted that he is willing to dedicate the necessary property to
expand Knott Lane with the necessary standards. He stated that there are higher -end homes in the area and they would like
to see continuity of design to blend with the existing residences. He previously submitted a letter to staff stating his
concerns.
In rebuttal, Jedd Wyatt addressed concerns about water right issues, fencing, buffering, and cattle. He noted that Mr.
Rosdahl's water rights would be maintained in compliance with Idaho State laws.
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In response to questions from the Mayor, Mr. Law noted that the engineering department relies on the advice of the
Department of Water Resources concerning such water right issues.
Mr. Wyatt continued by indicating that there is a 15 -foot backyard setback on the R -3 lots abutting Mr. Rice's parcel.
Each of these lots would be 60' x 150' in size. He noted that the applicant concurs with the development agreement and
staff report.
Councilman Callsen asked if there would be a continuing theme on the back of the R -3 lots abutting Mr. Rice's parcel.
Mr. Wyatt noted that this area is the backyard of the individual lots. He suggested that this issue be addressed within the
CC &Rs to govern the backyard landscaping in trying to keep a similar theme.
Councilman Hopper asked Mr. Law if the corridor design adequately addresses improvements along Highway 20/26 and
access to Knott Lane.
Mr. Law stated that the design seems to cover needed options for the development of Highway 20/26. Discussion
followed concerning design and access issues.
Ms. Skinner stated that Item 15(b) within the development agreement addresses the right turn lane along Highway 20/26.
Councilman Hopper addressed concerns of Knott Lane's future continuance along the Boise River.
Mr. Law noted that the developer's engineer has expressed the difficulty of continuing Knott Lane directly north until it
reachs Lincoln Road due to existing obstructions. Staff has considered the feasibility of veering Knott Lane off of the
quarter section line, which could be addressed within the development agreement.
Councilman Hopper stated his concern that the continuance of Knott Lane should be addressed within future applications.
Discussion followed concerning this issue.
Councilman Oates noted Mr. Rosdahl's concern about the proposed development's vinyl fence against his barbwire fence.
He asked staff if this issue could be addressed through the use of buffer space in consideration of this existing ranching
business. He emphasized the need to review the questions raised within Mr. Rosdahl's letter.
Councilman Hopper expressed his concern about the R -3 zone abutting the Rice property. Since the lot sizes have been
altered to be compliant with R -1 zone requirements, why is this portion of the development not classified as R -1?
MOVED by Callsen, SECONDED by Oates to continue the public hearing to the next Regular City Council meeting to be
held on September 17, 2007 at 7:00 p.m. to allow staff and the applicant to address issues concerning buffering, Knott
Lane and its continuance, the R -1 zoning along the Rice property, and Highway 20/26 corridor preservation.
Roll call vote. Those voting yes: Callsen, Dakan, Wells, Blacker, Oates, and Hopper. Those voting no: none. Absent
and /or not voting: none.
MOTION CARRIED
The Mayor declared a short recess.
(PUBLIC HEARING [QUASI - JUDICIAL]: CASE NO. ANN - 146 -07 & SUB /PUD- 169P -07, A REQUEST BY
LANDMARK ENGINEERING & PLANNING INC. FOR ANNEXATION OF 312.73 ACRES WITH R -1 SINGLE -
FAMILY RESIDENTIAL ZONING; A COMPREHENSIVE PLAN MAP DESIGNATION OF LOW DENSITY
RESIDENTIAL; A DEVELOPMENT AGREEMENT; AND A PRELIMINARY PLAT /PLANNED UNIT
DEVELOPMENT FOR LAKEMONT SUBDIVISION CONSISTING OF 507 RESIDENTIAL LOTS AND 19
COMMON LOTS LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF MIDLAND
BLVD. AND LINCOLN RD.)
The Mayor declared the public hearing open.
Anne Marie Skinner, 621 Cleveland Boulevard, acknowledged being sworn in, presented the staff report, and outlined the
facts as written. She presented an aerial map of the site and a letter from Roger Rosdahl, which the Mayor labeled at CC-
1000 and CC -1001. She indicated that the 49.43 acre parcel owned by Evelyn Moss provides the annexation path for the
Lakemount Subdivision but noted that this parcel is not part of the proposed subdivision development. The project has an
overall stated density of 1.93 dwelling units per gross acre.
Ms. Skinner read a memorandum from Dennis Wilson, Fire Plans Examiner, addressed to John Carpenter of Landmark
Engineering. The Mayor labeled the document as CC -1002. She also read into the record a memorandum from Gordon
Law to the planning and zoning staff, which the Mayor labeled as CC -1003.
Gordon Law stated that a continuation of this public hearing is necessary since the Cottonwood Creek hearing has been
continued, which contains necessary elements relative to this development. He requested that Council give input
concerning the gated community request.
The Mayor emphasized the need for staff to negotiate unresolved issues with the applicant and bring forth
recommendations to Council supported by staff.
Councilman Hopper stated there are two issues concerning this development that need to be addressed if the gated
community request is to be considered: 1) greenbelt pathway accessibility to the public along the Boise River, and 2)
without a collector roadway along the eastern boundary, it limits the eastern properties of the ability to develop and have
reasonable access to a collector system in the future.
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PAGE 153
The Mayor noted that Council has approved the allowance of a gated community in the past; however, consideration must
be given if other engineering, transportation, and pathway connectivity issues been resolved.
Mr. Law suggested that the hearing be continued with the provision that staff bring back recommendations in consultation
with the applicant.
Councilman Wells emphasized the need for pathways along the Boise River since this standard has been set within other
approved developments.
MOVED by Dakan, SECONDED by Oates to continue the public hearing to the next Regular City Council meeting to be
held on September 17, 2007 at 7:00 p.m. allow review of the issues addressed by Mr. Law and staff within the submitted
memos.
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
(PUBLIC HEARING [LEGISLATIVE]: CASE NO. OA- 81 -07, A REQUEST BY THE PLANNING & ZONING
DIRECTOR TO REVISE THE CITY OF CALDWELL'S LANDSCAPING ORDINANCE)
The Mayor declared the public hearing open.
Anne Marie Skinner, 621 Cleveland Boulevard, presented the staff report and outlined the facts as written.
The Mayor commented that the proposed changes have been presented to Council in various workshops and reflect
recommendations of staff from comments by developers and the public due to the process of administering the current
Landscape Ordinance.
Councilman Hopper recommended that the hearing be continued to allow further study of the document.
Dwight Rice, 9490 Highway 20/26, spoke in favor of the proposed text changes. He stated his agreement with the
proposed change addressing the requirement of a common lot buffer allowance, which would address his request for a
uniform vegetation buffer as discussed earlier this evening.
MOVED by Hopper, SECONDED by Oates to continue the hearing to the next Regular City Council Meeting to be held
on September 17, 2007 at 7:00 p.m.
Those voting yes: unanimous.
MOTION CARRIED
(CONSIDER BILL NO. 10 [ORDINANCE NO. 26611 FOR CASE NO. OA -81 -07 [LANDSCAPING] WITH A
REQUEST TO WAIVE THE RULES, PASS ON THE FIRST READING, AND APPROVE THE SUMMARY FOR
PUBLICATION)
The Mayor stated that this companion document would also be continued to September 17, 2007.
(CONSIDER ACCEPTANCE OF THE AMENDMENT TO THE FY 2006 -07 APPROPRIATION ORDINANCE
AND SET THE PUBLIC HEARING FOR SEPTEMBER 17, 2007 AT 7:00 P.M. AT THE NEXT REGULAR CITY
COUNCIL MEETNG)
The Mayor presented the financial document from E1Jay Waite, City Finance Director. He outlined information concerning
the three funds that expended more money than anticipated and the revenues to offset those expenditures.
MOVED by Blacker, SECONDED by Hopper to set the public hearing date for the next Regular City Council meeting to
be held on September 17, 2007 at 7:00 p.m.
Those voting yes: unanimous
(FINANCE AND HUMAN RESOURCE REPORTS)
MOTION CARRIED
Councilman Callsen reported that the Finance Committee has reviewed current accounts payable in the amount of
$888,416.21 for the period ending August 31, 2007 and a net payroll in the amount of $252,272.73 for the pay period
ending August 18, 2007.
MOVED by Callsen, SECONDED by Wells that accounts payable in the amount of $888,416.21 represented by check
numbers 46276 through 46612 and the total payroll in the amount of $252,272.73 represented by check numbers 13531
through 13620 and direct deposits be accepted, payments approved, and vouchers filed in the Office of the City Clerk.
Those voting yes: unanimous.
MOTION CARRIED
(COUNCIL COMMENTS)
Councilman Wells noted that the definition concerning barbeque within the newly adopted Temporary Use Ordinance
should be further reviewed and determined if additional modifications should be made. He received an e -mail on Friday
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