HomeMy WebLinkAbout2011-01-18city council minutes
PAGE 7 BOOK 52 SPECIAL MEETING January 18, 2011 6:00 p.m. (PUBLIC WORKSHOP FOR THE PURPOSE OF DISCUSSING: THE REPLACEMENT OF THE STRUCTURALLY DEFICIENT STREET DEPARTMENT BUILDING AND
ESTIMATED COST OF CONSTRUCTION TO REPLACE) Council Members present: Council President Blacker, Hopper, Callsen, Dakan, and Sobba. Mayor Nancolas was absent due to his attendance at a
National League of Cities Institute for Youth, Education, & Families meeting in Washington, D.C. of which he serves as the chairperson. Staff Members in attendance: Brent Orton, Gordon
Reed, Robb MacDonald, Ken Frazee, and Chief Allgood. Guests in attendance: Kent Krohn of VanOcker Architects located in Boise. Brent Orton, 621 Cleveland, reported that in 2010, Council
approved the use of fund balance in the amount of $150,000 to replace the roof on the existing Street Department building. After finding that the building was structurally deficient,
Council approved an additional $500,000 to replace the facility. Mr. Orton reported that the final amount to replace the building has been estimated at $1,060,000. He recommended that
fund balance be used for this expenditure. Discussion followed concerning anticipated revenue into the fund within the upcoming year and the evaluation of potential future street projects.
Kent Krohn of VanOcker Architects presented the draft floor plan for the proposed Street Department building. Discussion followed. Ken Frazee reported that the Robert Peters Engineering
firm performed an evaluation of the Street Department Vehicle Maintenance Shed for structural stability prior to the City expending funds for a roofing upgrade and new roof insulation.
It was noted within the evaluation report that the masonry is cracking and there is deterioration at the northeast corner of the building. The reported stated that the building is minimally
safe from collapse from a seismic or wind stand point, and not likely to collapse in a code seismic event as prescribed by the 2006 IEBC, but may be heavily damaged. Mr. Frazee reported
that the evaluation emphasized that failure of non-bearing walls could endanger human life. Mr. Orton recommended the use of fund balance for the proposed new facility. It was stated
that a resolution had been prepared for tonight’s Consent Calendar authorizing approval of the requested amount from fund balance. No decisions were made or action taken within this
workshop. (PUBLIC WORKSHOP FOR THE PURPOSE OF DISCUSSING THE PROPOSED USAGE PLANS BY THE POLICE DEPARTMENT FOR THE CITY-OWNED BUILDING LOCATED AT 423 BLAINE STREET) Chief Allgood proposed
that the City-owned building at 423 Blaine Street be used for office space for City Prosecutor staff and possibly personnel from the Street Crimes Division. He suggested that the building
be slightly remodeled to accommodate the proposed usage. It was recommended that Chief Allgood provide cost estimates for any potential remodeling costs. Discussion was held concerning
other potential uses of the building including office space for the Caldwell Fire Department. No decisions were made or action taken within this workshop. Dismissed at 6:51 p.m. REGULAR
MEETING January 18, 2010 7:00 P.M. The Council President Jim Blacker asked that everyone stand for the invocation offered by Pastor Phil Bohlken of the Grace Lutheran Church and remain
standing for the Pledge of Allegiance to the Flag. The Roll of the City Council was called with the following members present: Hopper, Callsen, Dakan, and Sobba. The Council President
explained that Mayor Nancolas was absent due to his attendance at a National League of Cities Institute for Youth, Education, & Families meeting held in Washington, D.C. of which he
serves as the chairperson. CONFLICT OF INTEREST DECLARATION No declarations were made by the Council Members.
PAGE 8 BOOK 52 SPECIAL PRESENTATIONS Council President Blacker asked the Boy Scouts from Troop No. 214 who were in attendance to stand and introduce themselves. Report concerning the
City of Caldwell Financial Audit Ginny Ponte, member of the City’s Audit Committee, reported that she is a local Certified Public Accountant with experience in public accounting for
approximately 30 years. She noted that the Audit Committee met twice this year per the City Code’s regulations. The last meeting of the Audit Committee occurred one week ago when the
auditors from Eide Bailly presented their current audit findings. She reported that the audit was reviewed and discussed by the Audit Committee at that time. Ms. Ponte distributed the
audit report to each Council Member. The Council President expressed his appreciation to Ms. Ponte for her involvement with the Audit Committee. ElJay Waite, City Finance Director/Treasurer
at 411 Blaine Street, reported that the City is in good financial condition. The efforts made last year to cut costs, to reserve assets, and diminish liabilities was an effort that was
undertaken by all departments. The results from this effort show that the City’s fund balance assets are increasing within the City. Mr. Waite noted there were four staff members from
the Finance Department working on the audit. He explained that normally six staff members have assisted with the audit process in the past; however, there were two positions cut earlier
this past year. He noted that there has been as much work to do with fewer people, so it took a little longer to get the audit ready. Mr. Waite continued by reporting that there are
1,500 fixed assets in the City. The assets have been completely reconciled and now tie to both the financial accounting module and the fixed asset module. This project has been a great
accomplishment for the Finance Department this past year. Mr. Waite again continued by outlining the comments on page 3 of the Audit Report under the Financial Highlights section: •
The assets of the City of Caldwell, Idaho exceeded its liabilities at September 30, 2010 by $188,204,898. This is an increase of $3,468,720 over the September 30, 2009 balance of $184,736,178.
He noted that this indicates that growth continues to build in the City of Caldwell. • At the current fiscal year, unreserved undesignated fund balance for the general fund was $7,982,128
compared to $5,869,729 last year. Mr. Waite explained that the majority of that is the return of legal fees in a lawsuit that was for the benefit of four other funds within the City,
which had been accumulating in 2008 and 2009. Those funds were obligated back to the general fund and will be paid over a period of four years for a total of $1.6 million dollars. •
The City of Caldwell’s total debt obligation was $13,992,803 compared to $15,671,016 last year. He explained that the City continues to reduce their debt. The current debt is approximately
sixty percent of the total debt capacity, which is about $27,000,000. Mr. Waite reported that even the funds which had more expenditures than budgeted (Golf Department) still had a cash
flow. The reason this department had more expenditures was due to depreciation costs. The efforts in that area have caused the City to have a positive cash flow this year. Mr. Waite
stated that he was pleased with the results of the audit. He noted that there was much more done by the auditors this year. The auditors seemed to complete their initial review in a
very timely manner and then had time for additional questions and investigations. This is a credit to the auditor’s work and the efforts of staff within the Finance Department. On behalf
of the City Council, the Council President expressed his appreciation to Mr. Waite and his staff for their careful management of City finances. He noted that the City staff and Council
are very conservative in their approach and therefore the City is well run and well financed. The City of Caldwell is not going through the same difficulties that many other cities are
experiencing due to the the present economy and its challenges. The expertise that Mr. Waite brings to the Finance Department has been most appreciated. Jody Daughtery of Eide Bailly
located at 877 West Main Street, Boise, commended Mr. Waite and his staff for their assistance. She noted that the audit would not be as successful these past couple of years without
Mr. Waite and his staff doing such a great job. She commended the Council for growing the fund balance in a year where revenues were tight and for their efforts in carefully watching
expenditures. She referenced paragraph three of the Independent Auditor’s Report which states “In our opinion, the financial statements referred to above present fairly, in all material
respects . . .” Ms. Daughtery commented that a clean opinion for this year was issued based on this determination. She noted that an explanatory paragraph was added to the report, which
talks about a prior period adjustment made to the financial statements. Ms. Daughtery distributed the Management Letter to the Council Members. She explained that an error was discovered
in the street fund where the gas tax quarters were not notated in the proper year
PAGE 9 BOOK 52 (one quarter for FY-2010 was recorded in FY-2011). She reported that Mr. Waite made this adjustment and therefore the first one also had to be put back into FY-2009. This
was the prior period adjustment referenced in the report. She indicated that Mr. Waite was aware of this and the auditors decided that this year was the proper time to fix the error.
She noted that as auditors, based on the definition of a prior period adjustment, they are required to call it a “material weakness.” The Management Letter addressed this issue. Ms.
Daughtery continued by explaining the “significant deficiency” comment. She noted that since the Finance Department staff has been greatly reduced this year, the City was not quite as
prepared as the auditors would prefer. There were some journal entries that were made as part of the audit process in order to have the trial balance ready for the financial statements.
As a result of those journal entries, a significant deficiency was noted for the financial close and report preparation process. Everything else looked very good. The Council President
asked for clarification concerning the prior year adjustment. Ms. Daughtery explained that no funds were missing in connection with the prior year adjustment; it merely addressed the
fact that the gas tax was posted in the wrong year. Going forward from this point on with the adjustment being made, everything will now be in the correct year. The Council President
explained to the audience that due to attrition, several people in the Finance Department left the City and those positions were not filled. Because of this, staff was not quite as prepared
for the audit process as the City normally has been in the past. Ms. Daughtery concurred with Council President Blacker, noting that Mr. Waite and Magda Ruano focused on getting the
fixed assets into the system so that from this point forward, the fixed assets will be a very smooth transition. The fixed asset process has been an issue in the past but will now assist
the audit procedure in the future. The Council President asked Ms. Daughtery if this audit (in comparison with other cities) would be considered favorable or unfavorable. Ms. Daughtery
stated, “In all honesty, the City of Caldwell is one of my favorite audits. I love working with the staff and ElJay. Even though they were not as ready for us, it is still a very clean
audit. By the end of the third week, the financial statement draft was nearly done, the cash flows [were] done, and footnotes [were] done. If we can leave the field with the report in
hand, then it is very good audit. We were able to do that.” Councilman Callsen asked if through the audit we can account for all of the City’s tax monies coming in, account for where
they are going and safely say that no one here within the City organization is taking any undue advantage of the finances. He clarified that he is referring to other public agencies
or organizations that have found people embezzling funds. He asked if the auditors are comfortable that the City’s finances are in the proper place. Ms. Daughtery responded, “The intention
of an audit is not to find embezzlement or fraud. In my opinion and in all material respects, the City’s financial statements are in good shape, the internal controls are in good shape,
the City is following the controls which have been put in place, and in all material respects -the City’s financial statements are correct.” ADDITIONS OR DELETIONS TO THE AGENDA MOVED
by Callsen, SECONDED by Sobba to amend the agenda by adding Item #11 under the Consent Calendar to read: “Approve Resolution authorizing the use of City funds for design and construction
of a new Street Department Office and Shop Facility.” and correct Item #1 under New Business to read: “Consider Bill No. 3 (Ordinance No. 2862) in connection with text amendments to
Chapter 12 regarding Building Regulations with the request to waive the rules and pass on the first reading.” MOTION CARRIED AUDIENCE PARTICIPATION None. CONSENT CALENDAR: The Council
President 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 Meetings
held on December 20, 2010 and January 4, 2011; the Caldwell Industrial Airport Commission Meeting held on December 2, 2010; and the Caldwell Hearing Examiner Meeting held on November
23, 2010; 2. Approve Order of Decision for Case No. ANN-185-10 (Heritage Community Charter annexation); 3. Approve Resolution accepting the dedication of sewer improvements from Caldwell
Parks, Inc. for the Mountain View Sewer Modification Project; 4. Approve Resolution authorizing the execution of the Construction Services Agreement in the amount of $16,675 for the
Sewer Demo Rehab Project for a new pipe bursting method to replace deteriorated sewer lines;
PAGE 10 BOOK 52 5. Approve Resolution authorizing the execution of the Homeless Prevention and Rapid Re-housing Program Grant Agreement from the Idaho Housing and Finance in the amount
of $82,829 for the CATCH Program; 6. Approve Resolution authorizing the execution of the Homeless Prevention and Rapid Re-Housing Program Vendor Agreement from the Southwestern Idaho
Cooperative Housing Authority, Inc. (SICHA) for the CATCH Program; 7. Approve Resolution authorizing the execution of the Managed Service Agreement (MSA) with Orion Integration Group
for Customer Network Support & Maintenance in the amount of $5,980 per month; 8. Approve request from the Information Technology Department to declare the computer and printer equipment
as surplus property for the purpose of a donation to Computers for Kids; 9. Approve request from the Caldwell Police Department to declare the old radar trailer as surplus property for
the purpose of a donation to the Canyon County Sheriff Department; 10. Approve the appointment of Forrest Smotherman to the Senior Citizen Center Commission with the term ending December
31, 2011; 11. Approve Resolution authorizing the use of City funds for design and construction of a new Street Department Office and Shop Facility. [ADDED] MOVED by Callsen, SECONDED
by Sobba to approve the Consent Calendar as amended. Roll call vote. Those voting yes: Blacker, Callsen, Dakan, and Sobba. Those voting no: Hopper. Absent and/or not voting: none. MOTION
CARRIED OLD BUSINESS: (CONTINUED PROTEST HEARING TO CONSIDER THE ACCEPTANCE OF THE ASSESSMENT ROLL PREPARED IN CONNECTION WITH LOCAL IMPROVEMENT DISTRICT (LID) NO. 08-1 FOR WATER AND
SEWER CONNECTION FEES) The Council President opened the continued protest hearing. Tim King, 621 Cleveland Blvd., presented the updated facts concerning the acceptance of the assessment
role for LID No. 08-1. He reported that Mr. Celestino of 2507 E. Spruce Street has protested his portion of the assessment role totaling $2,042.70. The actual homeowner who signed to
participate in in LID No. 08-1 sold the property to Mr. Celestino prior to the LID’s completion. At the time of the sale transaction, the pending LID assessment was not disclosed to
Mr. Celestino by the previous property owner. In addition, the previous property owner (Mitchell E. Frank) connected to City services without the City’s knowledge. Mr. King continued
by stating that Mr. Frank had served as the infrastructure contractor for an adjacent subdivision and took the liberty to connect his property to City services via the subdivision’s
infrastructure. City staff confirmed this illegal connection by conducting a dye test. At that time, Mr. Frank was given the option to sign up for the LID on his parcel located at 2507
Spruce Street to pay for the connection fees. Mr. Frank sold the property to the bank on December 7, 2009 and on April 21, 2010 Mr. Celestino purchased the property. Councilman Hopper
asked City staff for an explanation of the recording process when an LID is formulated. He asked if this process informs potential buyers about pending LID assessments concerning a particular
property. Brent Orton, 621 Cleveland Blvd, addressed Councilman Hopper’s questions by stating that there was a recorded ordinance to create the LID, but since it had not yet been closed,
no lien had been placed on the property for the final assessment. He noted there is a thirty day period after an LID closes for the property owners to pay the assessment in full or they
can wait and the LID will default into a ten year payment plan with the City. The title companies usually tract such action by researching the ordinance(s). The transfer of owner complicated
this issue; however, the information should have been disclosed. He noted that the property did not transfer directly from Mr. Frank, but rather from the bank. Discussion followed among
Councilman Hopper and the City Attorney concerning the LID procedure and how to address any future cases. Mr. Hilty added that the property was already in the ownership of Mr. Celestino
when the City discovered that the parcel had been hooked up to sewer without paying the connection fee. In response to questions from Councilman Hopper, Mr. King stated that Mr. Celestino
owes $2,042.70 for the LID assessment. In response to questions from Councilman Sobba, Robb MacDonald of 621 Cleveland Blvd. reported that City staff met with Mr. Celestino in December
2010 and options were presented to him at that time. Mr. Celestino had not been billed for any sewer usage for the eight months he has occupied the residence. Mr. Celestino recommended
to staff that a payment for the eight months of usage be rendered to the City and the connection fees be waived. In response to questions from Councilman Sobba, Mr. MacDonald stated
that staff encouraged Mr. Celestino to hold discussions with the bank concerning their responsibility in not making the information about the LID available to him.
PAGE 11 BOOK 52 Councilman Hopper asked if the City has any recourse for legal action with Mr. Frank for connecting illegally to City services. Discussion followed concerning possible
civil legal measures that could be pursued with the previous owner and/or the bank to recover the hook-up fee expenditure. Reynoldo Celestino, 2507 E. Spruce Street, spoke through the
assistance of an interpreter. Mr. Celestino expressed his opposition to being responsible for the LID assessment, but agreed to pay for the past due usage fees. He noted that he currently
is unemployed. He was informed by Alliance Title that there were no encumbrances on the parcel when he purchased it. Mark Hilty, 1303 12the Avenue Road, summarized the discussion concerning
this issue. He noted that the LID would not be formulated; therefore, Ordinance 2856 should be disregarded. Mr. Celestino would be responsible only for the past due usage fees and the
City would then waive the hook-up fee. Mr. Hilty noted the need for Mr. Celestino to meet with him concerning the process which was followed for him to obtain the property. At that time
Mr. Hilty would review any signed documents that Mr. Celestino possesses. An agreement may be necessary to obtain from Mr. Celestino for the City to pursue any third party action with
the purpose of recovering the LID hook-up fees. MOVED by Hopper, SECONDED by Callsen to continue the protest hearing and the consideration of Ordinance No. 2856 (Old Business Items #1
and #2) to the regularly scheduled City Council Meeting to be held on Tuesday, February 22, 2011 at 7:00 p.m. at which time a report would be given by the City Attorney resolving these
issues. Roll call vote. Those voting yes: Hopper, Callsen, Dakan, and Sobba. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED CONSIDER BILL NO. 41 (ORDINANCE NO.
2856) IN CONNECTION WITH LOCAL IMPROVEMENT DISTRICT (LID) NO. 08-1 FOR WATER AND SEWER CONNECTION FEES WITH THE REQUEST TO WAIVE THE RULES AND PASS ON THE FIRST READING. By previous
action, this companion document was continued to the regularly scheduled City Council Meeting to be held on Tuesday, February 22, 2011. NEW BUSINESS: (CONSIDER BILL NO. 3 (ORDINANCE
NO. 2862) IN CONNECTION WITH TEXT AMENDMENTS TO CHAPTER 12 REGARDING BUILDING REGULATIONS WITH THE REQUEST TO WAIVE THE RULES AND PASS ON THE FIRST READING) Brent Orton, 621 Cleveland
Blvd, presented a brief report concerning the intent of the proposed text amendment. This amendment would allow the Building Official the flexibility that is granted in the State’s adoption
of the Building Code. It would allow him to exercise discretion in terms of what constitutes a change of use, thereby triggering Building Code requirements. Councilman Hopper expressed
his appreciation of the formation of the amendment, which should assist with the development of commercial sites. The Council President read the ordinance by title only: AN ORDINANCE
AMENDING THE MUNICIPAL CODE OF THE CITY OF CALDWELL, A MUNICIPAL CORPORATION, STATE OF IDAHO, BY AMENDING ARTICLES 1 SECTION 17 OF CHAPTER 12 REGARDING BUILDING REGULATIONS, SETTING
AN EFFECTIVE DATE, PROVIDING FOR SEVERABILITY, AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH. MOVED by Hopper, SECONDED by Callsen to waive
the three reading process and consider Bill No. 3 (Ordinance 2862) on its first reading by title only. Roll call vote. Those voting yes: Hopper, Callsen, Dakan, and Sobba. Those voting
no: none. Absent and/or not voting: none. MOTION CARRIED MOVED by Hopper, SECONDED by Callsen to sponsor Bill No. 3 and move for its passage. Roll call vote. Those voting yes: Hopper,
Callsen, Dakan, and Sobba. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED
PAGE 12 BOOK 52 (CONSIDER RESOLUTION NO. 09-11 TO ACCEPT THE 2011 IRRIGATION ASSESSMENT ROLL, ACCEPT THE ESTIMATE OF EXPENSES FOR IRRIGATION SYSTEM, SET IRRIGATION ASSESSMENTS AND FEES,
AND SET THE DATE AND PLACE FOR THE BOARD OF CORRECTIONS MEETINGS FOR MARCH 16-18, 2011 IN THE WATER DEPARTMENT OFFICE LOCATED AT 305 W. CHICAGO) Brent Orton, 621 Cleveland Blvd, presented
information concerning the proposed resolution. He noted that last year a $10 surcharge was added to each account in anticipation of an assessment fee increase from Pioneer Irrigation.
It is proposed within the resolution that the $10 surcharge be refunded to the citizens who benefit from Caldwell Municipal Irrigation. This would bring their assessment from a regular
rate of two years ago from $121 to $111 for this year. Last year the rate was increased to $131. Pioneer Irrigation did not raise their assessments as projected. The Council President
read Resolution No. 09-11by title only: A RESOLUTION OF THE COUNCIL OF THE CITY OF CALDWELL, IDAHO SETTING FORTH FEES, ASSESSMENTS AND POLICIES FOR THE MUNICIPAL IRRIGATION SYSTEM FOR
SAID CITY; RECEIVING AND ACCEPTING THE ASSESSMENT BOOK FOR THE 2011 IRRIGATION SEASON; RECEIVING AND ACCEPTING THE ESTIMATE OF EXPENSES FOR THE 2011 IRRIGATION SEASON; SETTING THE TIME
AND PLACE FOR THE MEETING OF THE BOARD OF CORRECTION FOR 2011 ASSESSMENTS; SETTING FEES FOR CONNECTING TO SAID IRRIGATION SYSTEM; SETTING UNIFORM METHOD OF ALLOCATING ASSESSMENTS FOR
THE 2011 IRRIGATION SEASON; SETTING CUSTOMER SERVICE CHARGES; SETTING POLICIES FOR REIMBURSEMENT FOR FACILITY OVER-SIZING; AND SETTING AN EFFECTIVE DATE. MOVED by Hopper, SECONDED by
Sobba to approve Resolution No. 09-11accepting the 2010 Irrigation Assessment Roll, the Estimate of Expenses for the Irrigation System, set the Irrigation Assessments and Fees, and set
the date of March 16-18 for the Board of Corrections Meetings to be held at the Water Department Office on Chicago Street. Roll call vote. Those voting yes: Hopper, Callsen, Dakan, and
Sobba. Those Those voting no: none. Absent and/or not voting: none. MOTION CARRIED (PUBLIC HEARING [QUASI-JUDICIAL]: CASE NO. SUB/PUD-205P-10 A REQUEST BY WASHINGTON TRUST BANK, TRILOGY
DEVELOPMENT AND STANLEY CONSULTANTS FOR PRELIMINARY PLAT/PLANNED UNIT DEVELOPMENT APPROVAL OF WHITNEY SPRINGS SUBDIVISION NO. 3 CONSISTING OF 32.20 ACRES AND 140 BUILDABLE LOTS TO BE
DEVELOPED IN SIX PHASES, LOCATED IN AN R-1 LOW DENSITY RESIDENTIAL ZONE, APPROXIMATELY 691 FEET EAST OF MIDDLETON ROAD AND APPROXIMATELY 1300 FEET SOUTH OF USTICK ROAD) The Council President
explained the public hearing/quasi-judicial process and asked the City Clerk to swear in those who would be providing public testimony. He declared the public hearing open. Anne Marie
Skinner, 621 Cleveland Blvd., acknowledged being sworn in and presented the staff report. She noted that staff recommends approval of the request. She presented an aerial map of the
site, which the Council President labeled as CC-1000. She emphasized that the Zoning and Subdivision Ordinance requirements have been met. Amenities to the development include rear-entry
barrages, a basketball court and a playground/tot lot. The Planning & Zoning Commission and staff recommend approval of the request. Steve Arnold, of Stanley Consultants located at 2264
South Bonito Way, Suite 150, Meridian acknowledged being sworn in and spoke in favor of the development. Mr. Arnold stated that the developer is in agreement with the staff report. Shawn
Bownlee signed in but did not present testimony. MOVED by Sobba, SECONDED by Callsen to close the public testimony portion of the hearing. MOTION CARRIED EVIDENCE LIST FOR CASE NO. SUB/PUD-205P-10:
The Council President presented the Evidence List: staff report, sign-up sheets, public testimony, and CC-1000 (aerial map presented by Anne Marie Skinner). MOVED by Hopper, SECONDED
by Callsen to accept the Evidence List as presented. Roll call vote. Those voting yes: Hopper, Callsen, Dakan, and Sobba. Those voting no: none. Absent and/or not voting: none. MOTION
CARRIED CARRIED COMPREHENSIVE PLAN ANALYSIS FOR CASE NO. SUB/PUD-205P-10: MOVED by Hopper, SECONDED by Callsen to accept the Comprehensive Plan Analysis as presented in the staff report
under roman number V.
PAGE 13 BOOK 52 Roll call vote. Those voting yes: Hopper, Callsen, Dakan, and Sobba. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED FINDINGS OF FACT ON CASE NO.
SUB/PUD-205P-10: MOVED by Hopper, SECONDED by Callsen 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 opposition to the request. Roll call vote. Those voting yes: Hopper, Callsen, Dakan, and Sobba. Those voting no: none. Absent and/or not
voting: none. MOTION CARRIED CONCLUSIONS OF LAW ON CASE NO. SUB/PUD-205P-10: MOVED by Hopper, SECONDED by Sobba 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, and Sobba. Those voting no: none. Absent and/or not voting: none. MOTION MOTION CARRIED ORDER OF DECISION ON CASE NO. SUB/PUD-205P-10: MOVED by Hopper, SECONDED
by Sobba based on the Findings of Fact and Conclusions of Law, the Caldwell City Council hereby orders that Case No. SUB/PUD-205P-10 a request by Washington Trust Bank, Trilogy Development
and Stanley Consultants for preliminary plat/planned unit development approval of Whitney Springs Subdivision No. 3 consisting of 32.30 acres and 140 buildable lots to be developed in
six phases, located in an R-1 Low Density Residential zone, approximately 691 feet east of Middleton Road and approximately 1300 feet south of Ustick Road, is approved with the conditions
as specified in the staff report. Roll call
vote. Those voting yes: Hopper, Callsen, Dakan, and Sobba. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED MOVED by Hopper, SECONDED by Sobba to close the public
hearing. Roll call vote. Those voting yes: Hopper, Callsen, Dakan, and Sobba. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED (PUBLIC HEARING [LEGISLATIVE]: CASE
NO. OA-135-10 [CITY CENTER SIGNAGE], A REQUEST BY KEN WIEN AND THE CALDWELL PLANNING AND ZONING DEPARTMENT TO AMEND CALDWELL CITY CODE, SECTION 10-12-04, REGARDING SIGNAGE IN THE CITY
CENTER ZONING DISTRICT) Anne Marie Skinner, 621 Cleveland Blvd., outlined the content of the ordinance to Council. Councilman Hopper expressed his concern with the lack of design standards
within the proposed sign ordinance amendments. He suggested that the off-premise signs be direction-oriented, consistent in design, and more permanent in nature. Ms. Skinner recommended
that she review the comments concerning the ordinance and schedule a City Council workshop to discuss the proposed revisions. Councilman Callsen suggested that Ms. Skinner work with
the Caldwell Chamber concerning these issues as well. MOVED by Hopper, SECONDED by Callsen to continue this hearing to the Regular City Council Meeting to be held on April 4, 2011at
7:00 p.m. to allow for staff to research additional potential potential options and allow for a workshop to be held with the Council Members prior to the continuance of the public hearing.
Roll call vote. Those voting yes: Hopper, Callsen, Dakan, and Sobba. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED (CONSIDER BILL NO. 36, ORDINANCE NO. 2851,
FOR CASE NO. OA-135-10 [CITY CENTER SIGNAGE] WITH A REQUEST TO WAIVE THE RULES, PASS ON THE FIRST READING AND APPROVE THE SUMMARY FOR PUBLICATION) By previous motion, this item was continued
to the Regular City Council Meeting to be held on April 4, 2011. (FINANCE AND HUMAN RESOURCE REPORTS)
PAGE 14 BOOK 52 Councilman Callsen reported that the Finance Committee has reviewed current accounts payable in the amount of $1,295,695.72 for the period ending January 12, 2011 and
payroll in the amount of $277,545.69 for the pay period ended January 1, 2011. MOVED by Callsen, SECONDED by Hopper that accounts payable in the amount of $1,295,695.72 represented by
check numbers 73609 through 74087 and the total payroll in the amount of $277,545.69 represented by check numbers 20997 through 21026 and direct deposits be accepted, payment approved,
and vouchers filed in the office of the City Clerk. Roll call vote. Those voting yes: Callsen, Dakan, Sobba, and Hopper. Those voting no: none. Absent and/or not voting: none. MOTION
CARRIED (COUNCIL COMMENTS) Councilman Hopper reported that a Valley Regional Transit (VRT) meeting will be held on Wednesday afternoon, January 19th. Councilman Hopper and Brent Orton
will be attending another transportation meeting that day and would not able to attend the VRT meeting. meeting. It was determined that Anne Marie Skinner will attend the meeting to
represent the City of Caldwell. (MAYOR’S COMMENTS) Police Chief Allgood, 110 South 5th Avenue, gave an update on the DARE/P.A.L. program and it plans for expansion. City Clerk Debbie
Geyer, 411 Blaine Street, reported on the progress of the building being vacated and the sale of the property. (ADJOURNMENT) MOVED by Sobba, SECONDED by Callsen to adjourn at 8:35 p.m.
MOTION CARRIED APPROVED AS written THIS 7th DAY OF FEBRUARY , 2011. Mayor Councilperson Councilperson Councilperson Councilperson Councilperson Councilperson ATTEST: City Clerk