HomeMy WebLinkAbout2005-09-06city council minutesBOOK 46 PAGE 111
REGULAR MEETING
SEPTEMBER 6, 2005
7:00 P.M.
The Meeting was called to order by Council President, Rob Hopper. The Mayor was absent as a result of his father
being taken to the hospital.
The Boy Scouts were in attendance and introduced themselves.
The Boy Scouts led everyone in reciting the Pledge of Allegiance to the Flag.
The Roll of the City Council was called with the following members present: Hopper, Dakan, Wells, Blacker and
Oates. Absent: None.
SPECIAL PRESENTATIONS
None.
ADDITIONS OR DELETIONS TO THE AGENDA
MOVED by Oates, SECONDED by Blacker to add under New Business an Item #6a – Resolution for professional
services agreement for Well 19, Item #6b – Resolution designating September 17th as U.S. Constitution Day and
September 11th through September 18th as U.S. Constitution Week, and Item #6c – approve an increase for mileage
reimbursement from $.28 to $.34.
Roll call vote. Those voting yes: Oates, Hopper, Dakan, Wells, and Blacker. 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 the Members of the City Council:
1. Dispense with reading of the minutes for July 18, 2005 and August 15, 2005 Regular City Council Meetings and
for July 13, 2005 and August 26, 2005 Special City Council Meetings and approve as written;
2. Approve Order of Decision for Case No. SUB/PUD-119P-05 for Faith Landing Subdivision;
3. Approve amended Resolution No. 94-05A to accept the partial vacation of a Lot Line Easement in Aspens
Subdivision No. 1;
4. Approve Resolution No. 115-05 accepting a Crossing Agreement with Pioneer Irrigation District, Black Canyon
Irrigation District, and Bureau of Reclamation for the Midway Sewer Project;
5. Approve Resolution No. 114-05 accepting a Sewer and Water Easement from T&D Partnership for Midway Park
manufactured housing development;
6. Approve Resolution No. 113-05 accepting sewer easements from Michael Riggs for the Midway Sewer Project in
Lexington Subdivision;
7. Approve Resolution No. 112-05 accepting a Temporary Irrigation Easement from Dyver Development, L.L.C. for
Virginia Park Subdivision No. 4;
8. Approve Resolution No. 108-05 authorizing execution of a termination of a Joint Exercise of Power Agreement
with School District No. 132;
9. Approve Resolution No. 107-05 authorizing execution of a Form of Assignment Letter with Allied Waste
Services of North America, LLC (AWSNA);
10. Approve Resolution No. 109-05 authorizing execution of a Supplemental Agreement No. 1 to a Professional
Services Agreement with Toothman-Orton Engineering Co. for the Blaine and Cleveland curb replacement;
11. Approve Resolution No. 110-05 authorizing execution of an Agreement for Professional Services with J-U-B
Engineers, Inc. for the Dixie Sewer Master Plan update;
12. Approve and adopt the Regular City Council Meeting Calendar for 2006.
MOVED by Oates, SECONDED by Dakan to approve the Consent Calendar as printed.
Roll call vote. Those voting yes: Oates, Hopper, Dakan, Wells, and Blacker. Those voting no: None. Absent and/or
not voting: None.
MOTION CARRIED
OLD BUSINESS
(CONSIDER BILL NO. 28 [ORDINANCE NO. 2563], TEXT AMENDMENT CONCERNING LOT
FRONTAGE REQUIREMENTS WITHIN THE R-3 AND C-3 ZONES WITH THE REQUEST TO WAIVE
THE THREE READING PROCESS, PASS ON THE FIRST READING AND APPROVE THE SUMMARY
FOR PUBLICATION)
Council President Hopper read Bill No. 28 by title only:
BOOK 46 PAGE 112
AN ORDINANCE TO AMEND CHAPTER 10 OF THE MUNICIPAL CODE OF THE CITY OF CALDWELL,
COUNTY OF CANYON, STATE OF IDAHO, REGARDING: AMENDMENTS TO CHAPTER 10, ARTICLE 2,
SECTION 10-02-03 HEIGHT, SETBACK AND AREA SCHEDULE, TABLE 2, BY ADDING “(8) REDUCE LOT
FRONTAGE” TO THE LIST OF FOOTNOTES; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS,
AND PARTS THEREOF IN CONFLICT HEREWITH.
MOVED by Dakan, SECONDED by Blacker to waive the three reading process and pass Bill No. 28 on the first
reading.
Roll call vote. Those voting yes: Dakan, Wells, Blacker, Oates, and Hopper. Those voting no: None. Absent and/or
not voting: None.
MOTION CARRIED
MOVED by Dakan, SECONDED by Blacker to sponsor Bill No. 28 and move for its passage and approve the
Summary for Publication.
Roll call vote. Those voting yes: Dakan, Wells, Blacker, Oates, and Hopper. Those voting no: None. Absent and/or
not voting: None.
MOTION CARRIED
(CONSIDER BILL NO. 29 [ORDINANCE NO. 2564], ANNEXING PHEASANT RUN SUBDIVISION NO. 1
INTO THE MUNICIPAL IRRIGATION DISTRICT WITH THE REQUEST TO WAIVE THE THREE
READING PROCESS AND PASS ON THE FIRST READING)
Council President Hopper read Bill No. 29 by title only:
AN ORDINANCE OF THE CITY OF CALDWELL, IDAHO, ANNEXING A PORTION OF PROPERTY WITHIN
THE CORPORATE CITY LIMITS INTO THE MUNICIPAL IRRIGATION DISTRICT OF THE CITY OF
CALDWELL, CANYON COUNTY, IDAHO, AND CHANGING THE BOUNDARIES THEREOF; DIRECTING
THE CITY ENGINEER TO ALTER THE BOUNDARY MAP ACCORDINGLY; DECLARING THE INTENT OF
CITY TO POOL WATER RIGHTS AND APPLY A UNIFORM METHOD OF ALLOCATING ASSESSMENTS
AND CHARGES; AND PROVIDING AN EFFECTIVE DATE.
MOVED by Oates, SECONDED by Blacker to waive the three reading process and pass Bill No. 29 on the first
reading.
Roll call vote. Those voting yes: Oates, Hopper, Dakan, Wells, and Blacker. Those voting no: None. Absent and/or
not voting: None.
MOTION CARRIED
MOVED by Oates, SECONDED by Blacker to sponsor Bill No. 29 and move for its passage.
Roll call vote. Those voting yes: Oates, Hopper, Dakan, Wells, and Blacker. Those voting no: None. Absent and/or
not voting: None.
MOTION CARRIED
(PUBLIC HEARING ON PROPOSED FEE SCHEDULE INCREASES AND APPROVE RESOLUTION TO
BE EFFECTIVE OCTOBER 1, 2005)
ElJay Waite, Finance Director, 621 Cleveland Blvd., Caldwell, gave a summary of the proposed fee schedule in
excess of 5% and highlighted fees that would be subject to changes as well as those fees that would not change.
Council President Hopper read the Resolution No. 106-05 by title only:
A RESOLUTION OF THE CITY OF CALDWELL, IDAHO, A MUNICIPAL CORPORATION OF IDAHO,
ADOPTING A SCHEDULE OF FEES FOR SERVICES PROVIDED AND REGULATORY CHARGES AS
SPECIFIED BY CITY CODE; PROVIDING FOR THE EFFECTIVE DATE OF ALL FEES.
MOVED by Oates, SECONDED by Blacker to close the public testimony portion of the hearing.
Roll call vote. Those voting yes: Oates, Hopper, Dakan, Wells, and Blacker. Those voting no: None. Absent and/or
not voting: None.
MOTION CARRIED
MOVED by Oates, SECONDED by Blacker to approve Resolution and set an effective date of October 1, 2005.
Roll call vote. Those voting yes: Oates, Hopper, Dakan, Wells, and Blacker. Those voting no: None. Absent and/or
not voting: None.
MOTION CARRIED
(CONSIDER PROPOSED FEE INCREASES FOR THE SEWER SYSTEM, WATER SYSTEM, STREET
LIGHTING, AIRPORT, ENGINEERING REVIEW AND MAPPING AND APPROVE RESOLUTIONS TO
BE EFFECTIVE OCTOBER 1, 2005)
Council President Hopper declared this public hearing open.
BOOK 46 PAGE 113
Gordon Law, Public Works Director, gave a summary of the proposed fee increases and the purpose for such
increases.
MOVED by Oates, SECONDED by Blacker to close the public testimony portion of the hearing.
Roll call vote. Those voting yes: Oates, Hopper, Dakan, Wells, and Blacker. Those voting no: None. Absent and/or
not voting: None.
MOTION CARRIED
MOVED by Oates, SECONDED by Blacker to approve the 2005 Resolutions for fee increases and set an effective
date of October 1, 2005.
Roll call vote. Those voting yes: Oates, Hopper, Dakan, Wells, and Blacker. Those voting no: None. Absent and/or
not voting: None.
MOTION CARRIED
MOVED by Oates, SECONDED by Blacker to close the public hearing.
Roll call vote. Those voting yes: Oates, Hopper, Dakan, Wells, and Blacker. Those voting no: None. Absent and/or
not voting: None.
MOTION CARRIED
(CONSIDER AMENDMENTS TO APPROPRIATIONS ORDINANCE NO. 2561 AND SET PUBLIC
HEARING FOR SEPTEMBER 19, 2005)
ElJay Waite, Finance Director, gave a summary of the amendments to the Appropriations Ordinance. The
consumption of fund balance in all funds is $299,987.
MOVED by Oates, SECONDED by Blacker to approve amendments and set the Public Hearing at the Regular City
Council Meeting on September 19, 2005 at 7:00 p.m.
Roll call vote. Those voting yes: Oates, Hopper, Dakan, Wells, and Blacker. Those voting no: None. Absent and/or
not voting: None.
MOTION CARRIED
NEW BUSINESS
(APPROVE EMPLOYEE PARTICIPATION IN THE HOST PROGRAM WITH SYRINGA MIDDLE
SCHOOL)
Monica Jones, 621 Cleveland Blvd., explained the Host Program and asked for Council’s support of this program by
affording employees an opportunity to participate in this program. This program allows employees to assist students
with reading. Employees would be in teams and would be allowed to take time from work without being required to
make the time up. An employee’s participation in this program does require his/her supervisor’s approval.
MOVED by Dakan, SECONDED by Blacker to approve employee participation in the Host Program with Syringa
Middle School.
Roll call vote. Those voting yes: Dakan, Wells, Blacker, Oates, and Hopper. Those voting no: None. Absent and/or
not voting: None.
MOTION CARRIED
(PUBLIC HEARING ON CASE NO. ACI-01-05, A REQUEST BY THE PLANNING & ZONING
COMMISSION TO EXPAND THE CALDWELL/CANYON COUNTY AREA OF CITY IMPACT
BOUNDARY)
Council President Hopper declared this public hearing open.
Debbie Geyer, Community Development Specialist, gave the staff report and indicated that these changes are
supported by the Canyon County Commissioners.
MOVED by Wells, SECONDED by Oates to close the public testimony portion of the public hearing.
Roll call vote. Those voting yes: Wells, Blacker, Oates, Hopper, and Dakan. Those voting no: none. Absent and/or
not voting: none.
MOTION CARRIED
EVIDENCE LIST FOR ACI-01-05:
Council President Hopper presented the Evidence List: Staff report, CC-1000 (a map presented by Debbie Geyer) and
CC-1001 (sign-up sheets).
MOVED by Blacker, SECONDED by Wells to accept the Evidence List as presented.
Roll call vote. Those voting yes: Blacker, Oates, Hopper, Dakan, and Wells. Those voting no: none. Absent and/or
not voting: none.
MOTION CARRIED
BOOK 46 PAGE 114
FINDINGS OF FACT FOR ACI-01-05:
MOVED by Dakan, SECONDED by Oates to accept the general facts as outlined in the staff report, the public
testimony that was given tonight, evidence list, and noting that there was no opposition to this proposal.
Roll call vote. Those voting yes: Dakan, Wells, Blacker, Oates, and Hopper. Those voting no: none. Absent and/or
not voting: none.
MOTION CARRIED
CONCLUSIONS OF LAW FOR ACI-01-05:
MOVED by Oates, SECONDED by Blacker that the Caldwell City Council has the authority to hear this case and to
make the decision to approve or deny; the public hearing was noticed and heard within the guidelines of applicable
state codes and local ordinances.
Roll call vote. Those voting yes: Oates, Hopper, Dakan, Wells, and Blacker. Those voting no: none. Absent and/or
not voting: none.
MOTION CARRIED
ORDER OF DECISION FOR ACI-01-05:
MOVED by Oates, SECONDED by Blacker that based on the Findings of Fact and Conclusions of Law, the Caldwell
City Council orders that Case No. ACI-01-05, a request by the Community Development Department to amend the
Area of City Impact Map boundaries is approved.
Roll call vote. Those voting yes: Oates, Hopper, Dakan, Wells, and Blacker. Those voting no: Oates. Absent and/or
not voting: none.
MOTION CARRIED
MOVED by Oates, SECONDED by Dakan to close this public hearing.
Roll call vote. Those voting yes: Oates, Hopper, Dakan, Wells, and Blacker. Those voting no: none. Absent and/or
not voting: none.
MOTION CARRIED
(PUBLIC HEARING [QUASI-JUDICIAL] ON CASE NO. SUB-104F-04 [QUAIL COVE SUBDIVISION], A
REQUEST BY LANDMARK ENGINEERING & PLANNING, INC. FOR FINAL PLAT APPROVAL TO
DEVELOP 22 RESIDENTIAL LOTS AND 5 COMMON LOTS IN AN R-1 ZONE AND IF APPROVED,
AUTHORIZE THE MAYOR TO ADMINISTRATIVELY REVIEW AND SIGN THE ORDER OF
DECISION)
Council President Hopper asked everyone that was signed up to speak at any of the public hearings to stand and be
sworn in by the City Clerk.
Council President Hopper declared this public hearing open.
Melodie Halstead, Associate Planner, 621 Cleveland Blvd., acknowledged being sworn in and gave the staff report.
Halstead also read a memo from Darrin Hibbs regarding the bonding amount in the sum of $174,788.41 for items
remaining to be constructed at the above referenced project.
Council President Hopper labeled the memo from Darrin Hibbs as CC-1000.
Ben Weymouth, Assistant City Engineer, 621 Cleveland Blvd., acknowledged being sworn in and reported that the
gravel placement was done today and suspects that the pavement will be finished this week and the all weather surface
is in place as of this afternoon. Weymouth noted that a roadway trust fund for the pedestrian bridge needed to be
established. This trust fund has not been put together yet. He would ask that Council add this requirement in the Order
of Decision.
Boyd Wilkes declined to speak but referred to Clint Boyle.
Clint Boyle, 104 9th Avenue S., Nampa, Landmark Engineering & Planning, Inc., acknowledged being sworn in and
reported on the progress of this subdivision.
MOVED by Wells, SECONDED by Blacker to close the public testimony portion of the public hearing.
Roll call vote. Those voting yes: Wells, Blacker, Oates, Hopper, and Dakan. Those voting no: none. Absent and/or
not voting: none.
MOTION CARRIED
EVIDENCE LIST FOR SUB-104F-04:
Council President Hopper presented the Evidence List: Staff report, CC-1000 (a memo from Darrin Hibbs regarding
the bonding amount) and CC-1001 (sign-up sheets).
MOVED by Blacker, SECONDED by Wells to accept the Evidence List as presented.
Roll call vote. Those voting yes: Blacker, Oates, Hopper, Dakan, and Wells. Those voting no: none. Absent and/or
not voting: none.
MOTION CARRIED
BOOK 46 PAGE 115
FINDINGS OF FACT FOR SUB-104F-04:
MOVED by Wells, SECONDED by Blacker to accept the general facts as outlined in the staff report, the public
testimony that was given tonight, and the evidence list.
Roll call vote. Those voting yes: Wells, Blacker, Oates, Hopper, and Dakan. Those voting no: none. Absent and/or
not voting: none.
MOTION CARRIED
CONCLUSIONS OF LAW FOR SUB-104F-04:
MOVED by Oates, SECONDED by Blacker that the Caldwell City Council has the authority to hear requests for final
plat approval and to make a decision to approve or deny; the public hearing was legally noticed and conducted within
the guidelines of applicable codes and ordinances.
Roll call vote. Those voting yes: Oates, Hopper, Dakan, Wells, and Blacker. Those voting no: none. Absent and/or
not voting: none.
MOTION CARRIED
ORDER OF DECISION FOR SUB-104F-04:
MOVED by Oates, SECONDED by Blacker that based on the Findings of Fact and Conclusions of Law, the Caldwell
City Council orders that Case No. SUB-104F-04, a request for final plat approval of Quail Cove Pointe Subdivision to
develop 22 residential lots and 5 common area lots is approved, approve the creation of a trust fund for the
development of a pedestrian bridge, and authorize the Mayor to administratively review and sign the Order of
Decision.
Roll call vote. Those voting yes: Oates, Hopper, Dakan, Wells, and Blacker. Those voting no: none. Absent and/or
not voting: none.
MOTION CARRIED
MOVED by Oates, SECONDED by Blacker to close this public hearing.
Roll call vote. Those voting yes: Oates, Hopper, Dakan, Wells, and Blacker. Those voting no: none. Absent and/or
not voting: none.
MOTION CARRIED
(PUBLIC HEARING [QUASI-JUDICIAL] ON CASE NO. SUB-57(4)F-00 [VIRGINIA PARK #4], A
REQUEST BY DYVER DEVELOPMENT FOR FINAL PLAT APPROVAL TO DEVELOP 66
RESIDENTIAL LOTS AND 3 COMMON LOTS IN AN R-1 ZONE AND IF APPROVED, AUTHORIZE THE
MAYOR TO ADMINISTRATIVELY REVIEW AND SIGN THE ORDER OF DECISION)
Council President Hopper declared this public hearing open.
Melodie Halstead, 621 Cleveland Blvd., acknowledged being sworn in and gave the staff report.
Ben Weymouth, 621 Cleveland Blvd., acknowledged being sworn in and informed Council that he received a phone
call last night from the applicant indicating that they would not be able to attend the council meeting tonight due to
personal reasons. Ben asked the applicant what he would like to do and Mr. Woods indicated that he would like the
public hearing to go forth without his presence. Ben provided an update on the progress on this development.
MOVED by Oates, SECONDED by Blacker to close the public testimony portion of the public hearing.
Roll call vote. Those voting yes: Oates, Dakan, Wells, Blacker, and Hopper. Those voting no: none. Absent and/or
not voting: none.
MOTION CARRIED
EVIDENCE LIST FOR SUB-57(4)F-00:
Council President Hopper presented the Evidence List: Staff report and CC-1000 (sign-up sheets).
MOVED by Oates, SECONDED by Blacker to accept the Evidence List as presented.
Roll call vote. Those voting yes: Oates, Hopper, Dakan, Wells, and Blacker. Those voting no: none. Absent and/or
not voting: none.
MOTION CARRIED
FINDINGS OF FACT FOR SUB-57(4)F-00:
MOVED by Dakan, SECONDED by Oates to accept the general facts as outlined in the staff report, the public
testimony that was given tonight, the evidence list as presented, and the fact that there was no one in opposition.
Roll call vote. Those voting yes: Dakan, Wells, Blacker, Oates, and Hopper. Those voting no: none. Absent and/or
not voting: none.
MOTION CARRIED
CONCLUSIONS OF LAW FOR SUB-57(4)F-00:
MOVED by Oates, SECONDED by Blacker that the Caldwell City Council has the authority to hear requests for final
plat approval and to make the decision to approve or deny; the public hearing was legally noticed and conducted
within the guidelines of applicable codes and ordinances.
BOOK 46 PAGE 116
Roll call vote. Those voting yes: Oates, Hopper, Dakan, Wells, and Blacker. Those voting no: none. Absent and/or
not voting: none.
MOTION CARRIED
ORDER OF DECISION FOR SUB-57(4)F-00:
MOVED by Oates, SECONDED by Blacker that based on the Findings of Fact and Conclusions of Law, the Caldwell
City Council orders that Case No. SUB-57(4)F-00, a request for final plat approval of Virginia Park Subdivision Unit
No. 4 to develop 66 residential lots and 3 common area lots is approved.
Roll call vote. Those voting yes: Oates, Hopper, Dakan, Wells, and Blacker. Those voting no: none. Absent and/or
not voting: none.
MOTION CARRIED
MOVED by Oates, SECONDED by Dakan to close this public hearing.
Roll call vote. Those voting yes: Oates, Hopper, Dakan, Wells, and Blacker. Those voting no: none. Absent and/or
not voting: none.
MOTION CARRIED
(PUBLIC HEARING [QUASI-JUDICIAL] ON CASE NO. SUB-71(3)F-02 [ASPENS #3], A REQUEST BY
DYVER DEVELOPMENT FOR FINAL PLAT APPROVAL TO DEVELOP 73 RESIDENTIAL LOTS AND 3
COMMON LOTS IN AN R-1 ZONE AND IF APPROVED, AUTHORIZE THE MAYOR TO
ADMINISTRATIVELY REVIEW AND SIGN THE ORDER OF DECISION)
Council President Hopper declared this public hearing open.
Melodie Halstead, 621 Cleveland Blvd., acknowledged being sworn in and gave the staff report.
Ben Weymouth, Assistant City Engineer, 621 Cleveland Blvd., acknowledged being sworn in and gave the bond
amount as $105,050. The sewer is operational, all-weather surface is in place, and the street signs have been installed.
MOVED by Oates, SECONDED by Dakan to close the public testimony portion of the public hearing.
Roll call vote. Those voting yes: Oates, Hopper, Dakan, Wells, and Blacker. Those voting no: none. Absent and/or
not voting: none.
MOTION CARRIED
EVIDENCE LIST FOR SUB-71(3)F-02:
Council President Hopper presented the Evidence List: Staff report and CC-1000 (sign-up sheets).
MOVED by Oates, SECONDED by Dakan to accept the Evidence List as presented.
Roll call vote. Those voting yes: Oates, Hopper, Dakan, Wells, and Blacker. Those voting no: none. Absent and/or
not voting: none.
MOTION CARRIED
FINDINGS OF FACT FOR SUB-71(3)F-02:
MOVED by Wells, SECONDED by Oates to accept the general facts as outlined in the staff report, the public
testimony that was given tonight, and the evidence list.
Roll call vote. Those voting yes: Wells, Blacker, Oates, Hopper, and Dakan. Those voting no: none. Absent and/or
not voting: none.
MOTION CARRIED
CONCLUSIONS OF LAW FOR SUB-71(3)F-02:
MOVED by Oates, SECONDED by Wells that the Caldwell City Council has the authority to hear requests for final
plat approval and to make the decision to approve or deny; the public hearing was legally noticed and conducted
within the guidelines of applicable codes and ordinances.
Roll call vote. Those voting yes: Oates, Hopper, Dakan, Wells, and Blacker. Those voting no: none. Absent and/or
not voting: none.
MOTION CARRIED
ORDER OF DECISION FOR SUB-71(3)F-02:
MOVED by Oates, SECONDED by Dakan that based on the Findings of Fact and Conclusions of Law, the Caldwell
City Council orders that Case No. SUB-71(3)F-02, a request for final plat approval of Aspens Subdivision Unit No. 3
to develop 73 residential lots and 3 common area lots is approved and authorize the Mayor to administratively review
and sign the Order of Decision.
Roll call vote. Those voting yes: Oates, Hopper, Dakan, Wells, and Blacker. Those voting no: Oates. Absent and/or
not voting: none.
MOTION CARRIED
MOVED by Oates, SECONDED by Dakan to close this public hearing.
Roll call vote. Those voting yes: Oates, Hopper, Dakan, Wells, and Blacker. Those voting no: none. Absent and/or
not voting: none.
MOTION CARRIED
BOOK 46 PAGE 117
(PUBLIC HEARING [QUASI-JUDICIAL] ON CASE NO. SUB-46(3)F-00 [WESTON POINTE #3], A
REQUEST BY DYVER DEVELOPMENT FOR FINAL PLAT APPROVAL TO DEVELOP 43
RESIDENTIAL LOTS AND 1 COMMON LOT IN AN R-1 ZONE AND IF APPROVED, AUTHORIZE THE
MAYOR TO ADMINISTRATIVELY REVIEW AND SIGN THE ORDER OF DECISION)
Council President Hopper declared this public hearing open.
Melodie Halstead, 621 Cleveland Blvd., acknowledged being sworn in and gave the staff report. She had a memo
from Darrin Hibbs of the Engineering Department regarding the bonding amount of $44,220 for miscellaneous items
to be constructed.
Jerry Nilsson, 3914 Winston Street, acknowledged being sworn in and asked when the mound of dirt at this
subdivision will be moved. Ben Weymouth indicated that he would look into it and respond to Mr. Nielson’s question
as well as ask the developer about the dust control problem. Mr. Nielson also spoke about safety concerns regarding
this mound of dirt and the equipment in the area.
MOVED by Oates, SECONDED by Blacker to close the public testimony portion of the public hearing.
Roll call vote. Those voting yes: Oates, Hopper, Dakan, Wells, and Blacker. Those voting no: none. Absent and/or
not voting: none.
MOTION CARRIED
EVIDENCE LIST FOR SUB-46(3)F-00:
Council President Hopper presented the Evidence List: Staff report, CC-1000 (sign-up sheets) and CC-1001 (a memo
from Darrin Hibbs regarding the bonding amount).
MOVED by Oates, SECONDED by Blacker to accept the Evidence List as presented.
Roll call vote. Those voting yes: Oates, Hopper, Dakan, Wells, and Blacker. Those voting no: none. Absent and/or
not voting: none.
MOTION CARRIED
FINDINGS OF FACT FOR SUB-46(3)F-00:
MOVED by Dakan, SECONDED by Oates to accept the general facts as outlined in the staff report, the public
testimony that was given tonight, the evidence list, and that no one testified in opposition.
Roll call vote. Those voting yes: Dakan, Wells, Blacker, Oates, and Hopper. Those voting no: none. Absent and/or
not voting: none.
MOTION CARRIED
CONCLUSIONS OF LAW FOR SUB-46(3)F-00:
MOVED by Oates, SECONDED by Blacker that the Caldwell City Council has the authority to hear requests for final
plat approval and to make the decision to approve or deny; the public hearing was legally noticed and conducted
within the guidelines of applicable codes and ordinances.
Roll call vote. Those voting yes: Oates, Hopper, Dakan, Wells, and Blacker. Those voting no: none. Absent and/or
not voting: none.
MOTION CARRIED
ORDER OF DECISION FOR SUB-46(3)F-00:
MOVED by Oates, SECONDED by Blacker that based on the Findings of Fact and Conclusions of Law, the Caldwell
City Council orders that Case No. SUB-46(3)F-00, a request for final plat approval of Weston Pointe Subdivision Unit
No. 3 to develop 43 residential lots and 1 common area lot is approved and authorize the Mayor to administratively
review and sign the Order of Decision.
Roll call vote. Those voting yes: Oates, Hopper, Dakan, Wells, and Blacker. Those voting no: none. Absent and/or
not voting: none.
MOTION CARRIED
MOVED by Oates, SECONDED by Blacker to close this public hearing.
Roll call vote. Those voting yes: Oates, Hopper, Dakan, Wells, and Blacker. Those voting no: none. Absent and/or
not voting: none.
MOTION CARRIED
(APPROVE RESOLUTION AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES
AGREEMENT WITH HYDRO LOGIC, INC. FOR THE PRODUCTION OF WELL 19-DELAWARE)
Ben Weymouth introduced the Resolution and asked Council for approval.
MOVED by Blacker, SECONDED by Oates to approve Resolution.
Roll call vote. Those voting yes: Blacker, Oates, Hopper, Dakan, and Wells. Those voting no: none. Absent and/or
not voting: none.
MOTION CARRIED
BOOK 46 PAGE 118
(APPROVE RESOLUTION DESIGNATING SEPTEMBER 17TH AS U.S. CONSTITUTION DAY AND
SEPTEMBER 11TH THROUGH SEPTEMBER 18TH AS U.S. CONSTITUTION WEEK)
Councilman Oates read the Resolution in its entirety.
MOVED by Oates, SECONDED by Dakan to approve Resolution.
Roll call vote. Those voting yes: Oates, Hopper, Dakan, Wells, and Blacker. Those voting no: none. Absent and/or
not voting: none.
MOTION CARRIED
(APPROVE AN INCREASE FOR MILEAGE REIMBURSEMENT FROM $.28 TO $.34 TO BE EFFECTIVE
IMMEDIATELY)
Monica Jones gave an explanation for this request. As a result of the current increase in gas prices, this request was
recommended by the Finance Director.
MOVED by Blacker, SECONDED by Oates to approve the increase in mileage reimbursement from $.28 per mile to
$.34 per mile to be effective immediately.
Roll call vote. Those voting yes: Blacker, Oates, Hopper, Dakan, and Wells. Those voting no: none. Absent and/or
not voting: none.
MOTION CARRIED
(FINANCE AND HUMAN RESOURCE REPORTS)
Councilman Wells reported that the Finance Committee has reviewed current accounts payable in the amount of
$1,935,821.83 for the period ending August 31, 2005 and a net payroll in the amount of $209,331.71 for the pay
period ending August 20, 2005.
MOVED by Wells, SECONDED by Blacker that accounts payable in the amount of $1,935,821.83 represented by
check numbers 29396 through 29809 and the total payroll in the amount of $209,331.71 represented by check
numbers 8207 through 8309 and direct deposits be accepted, payments approved and vouchers filed in the Office of
the City Clerk.
Roll call vote. Those voting yes: Wells, Blacker, Oates, Hopper, and Dakan. Those voting no: None. Absent and/or
not voting: None.
MOTION CARRIED
(COUNCIL COMMENTS)
Councilman Wells reported that due to the difficulties of purchasing properties for the Downtown Indian Creek
project, the Brownsfield project has been stalled a little bit. This is a result of not being sure which properties were
going to have to be addressed. There is a meeting with the EAP and Idaho DEQ on the 14th to discuss moving this
forward.
Councilman Blacker reported that CEDC has a grant that they are reviewing for the downtown. He reminded everyone
that there is a Ribbon Cutting for the Train Depot on September 16th at 5:30 p.m.
Councilman Hopper reported that he would not be present at the City Council Meeting on September 19, 2005.
Councilman Wells nominated Councilman Dakan as the alternate Council President. The vote was unanimous in favor
of Councilman Dakan being the alternate Council President.
Councilman Hopper reported that the Indian Creek Festival is September 17th. The YMCA grand opening is October
5th at 10:00 a.m.
(CITY CLERK’S COMMENTS)
On September 7th and 8th there are mandatory Blue Cross meetings at the Community Room in the Police Station.
On September 15th there is the Health & Wellness Fair and the Mayor’s Fun Run.
There was discussion about the request from FEMA for volunteers to assist with aid to Katrina victims. How would
leave time for employees be granted? Council did not believe this was a forum to respond to this request without
reviewing the impact it may have on the City.
(ADJOURNMENT)
MOVED by Blacker, SECONDED by Oates to adjourn at 8:45 p.m.
Roll call vote. Those voting yes: Blacker, Oates, Hopper, Dakan, and Wells. Those voting no: None. Absent and/or
not voting: None.
MOTION CARRIED
BOOK 46 PAGE 119
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Co ncilperson
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APPROVED AS _----'wr=it"'te"'n__THIS _~7l..'h DA Y OF November 2005.
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