HomeMy WebLinkAbout2025-02-03 City Council MinutesCITY OF CALDWELL
PUBLIC MEETING INFORMATION
MEETING LOCATION
Caldwell City Hall
205 South 61h Avenue
We invite interested parties to participate in public hearings either electronically or in person. If you have a cough, fever, or are not
feeling well, please contact the City Clerk's Office or Planning & Zoning Department (land -use public hearings) to arrange participation
remotely. The City of Caldwell follows the CDC guidelines to allow for distancing in the public meeting area and provide masks/hand
sanitizer on site.
Virtual Participation Option: Register in advance to provide public comments electronically or by telephone. During the registration
process, you will be asked what item on the agenda you wish to speak about. Please use the case number as listed within the written
notice.
Online registration must be submitted at least 24 hours in advance of the meeting. Click on the "public meetings" button on the center
of the page. After registration, you will receive a confirmation email containing information about joining the virtual meeting.
REGISTER AT: httos://www.citvofcaldwell.org
Written comments must be received at least eight (8) days in advance of the meeting to the Planning & Zoning Department at
P&Z@citvofcaldwell.org to be included within the staff report. All comments received after the staff report has been transmitted will
be included in the case file and provided as late exhibits at the appropriate public hearing.
Live Stream Viewing: If you are not planning to speak, members of the public are encouraged to view the meeting via the live stream
option: https://www.youtube.com/channeVUCci7SlAOUJNK6asXxxugLGA
CAL
REGULAR CITY COUNCIL MEETING
AGENDA
(City Hall - Chambers Room #100)
February 3, 2025
6:00 p.m.
'INVOCATION OFFERED BY REVEREND PAUL SHULGA OF CALDWELL CHRISTIAN FAITH CENTER.
PLEDGE OF ALLEGIANCE TO THE FLAG.
ROLL CALL.
CONFLICT OF INTEREST DECLARATION.
SPECIAL PRESENTATIONS.
AUDIENCE PARTICIPATION.
CONSENT CALENDAR: [ALL CONSENT CALENDAR ITEMS ARE CONSIDERED ACTION ITEMSI
1. The Caldwell City Council dispenses with the three (3) reading rule of Idaho Code §50-902 for all ordinances.
2. Approve minutes for the Regular City Council meeting held on January 21, 2025 and the Impact Fee meeting held on January
20, 2025;
3. Approve the Findings of Facts and Conclusions of Law for Passero Ridge #6 Final Plat (SFP24-000012);
4. Approve the Findings of Facts and Conclusions of Law for Nottingshire Heights Final Plat (SFP24-000008);
5. Approve the Findings of Facts and Conclusions of Law for denial of Verbena Ranch Development ANN24-000006 / PUD24-
000004 / SUB24-000022, SUB24-000023, SUB24-000024, SUB24-000025, SUB24-000026, & SUB24-000027;
6. Approve Resolution authorizing the purchase of InTime Scheduler software in the amount of $16,720.00 for use by the
Caldwell Police Department as accommodated within the FY-2025 budget;
7. Approve Resolution accepting the Notice of Award for the 2025 South Florida Avenue Sewer Line Project to Central Cove
Construction, LLC in the amount of $1,368,094.00 as accommodated within the FY-2025 budget;
8. Approve Resolution accepting a grant award for the Caldwell Executive Airport from Improvement Program (AIP) Idaho State
Grant in the amount of $18,000.00;
9. Approve Resolution accepting a grant award for the Caldwell Executive Airport from Improvement Program (AIP) Idaho State
' Grant in the amount of $44.050 Approve Resolution accepting a grant award for the Caldwell Executive Airport from
Improvement Program (AIP) Idaho State Grant in the amount of $18,000.00;
10. Approve Resolution accepting a grant award for the Caldwell Executive Airport from Improvement Program (AIP) Idaho State
Grant in the amount of $44.050 Approve Resolution accepting a grant award for the Caldwell Executive Airport from
Improvement Program (AIP) Idaho State Grant in the amount of $33,824.00;
11. Approve Resolution authorizing the purchase of an Environsight CCDTV camera van for use by the Wastewater Treatment
Plant in the amount of $385,000.00 as accommodated within the FY-2025 budget;
12. Approve Resolution accepting the dedication of the sanitary sewer main from Grace Evangelic Lutheran for the Grace
Evangelic Lutheran Daycare Project located at 2700 South Kimball Avenue;
13. Approve Resolution accepting a Quitclaim Deed from Providence Holdings, LLC for future right-of-way development along
Ustick Road;
14. Approve Resolution accepting a Quitclaim Deed from S3 Investments, LP for future right-of-way development along West
Logan Street;
Page 1 of 2
15. Approve Resolution accepting a Quitclaim Deed from The Dennis and Neva Boyd Family Trust for future right-of-way
development at Montana Avenue and Cherry Street;
16. Approve Resolution accepting a Temporary Easement for sanitary sewer, domestic water, pressure irrigation main line and
turnaround from Juan R. Pinto and Marina Reyes for services to the Adams Ridge Subdivision, Phase No. 8;
17. Approve Resolution accepting a Temporary Easement for sewer, domestic water, pressure irrigation main line from Providence
Holdings, LLC for the Adams Ridge Subdivision, Phase No. 8;
18. Approve Resolution accepting a Permanent Easement for a sanitary sewer main line from Nicholas B. Jones and Marinh J.
Rutledge for the Grace Evangelic Lutheran Daycare Project at 2700 South Kimball Avenue;
19. Approve Resolution accepting a Permanent Easement from The Dennise and Neva Boyd Family Trust for construction, operation
and maintenance of a sanitary sewer main line for properties known as 0 Cherry Street (R0367801000 and R0368300000);
20. Approve Resolution authorizing the execution of a Deferral Agreement with Thomas Alan Snyder and Constance Snyder for
deferral of public improvements at 2406 Syringa Lane;
21. Approve Resolution authorizing the ratification of a Memorandum of Understanding with the United States Marshals Servic�
and the Caldwell Police Department
OLD BUSINESS: [ALL OLD BUSINESS ITEMS LISTED ARE CONSIDERED ACTION ITEMS UNLESS OTHERWISE
NOTED]
None.
NEW BUSINESS: (ALL NEW BUSINESS ITEMS LISTED ARE CONSIDERED ACTION ITEMS UNLESS OTHERWISE
NOTEDI
1. Consider Resolution accepting the development agreement between the City of Caldwell and AJA Ventures, LLC for a hotel
development on approximately a 3.14-acre City -owned parcel located at 104 North 21n Avenue.
2. Public Hearing (Quasi -Judicial): CASE ANN24-000010 / SPP24-000001: Ardurra Inc., on behalf of Slate Ronald G and
Jeanne M Family Trust, is requesting annexation of parcel R3259900000 with a zoning designation of R-1 (Low Density
Residential) in compliance with the existing Comprehensive Plan Future Land Use Map designation of Low Density Residential.
They are also requesting a preliminary plat for the site to develop Farmway Crossing Subdivision, a single-family residential
development with 115 buildable lots over 44.49 acres, for a density of 2.58 dwelling units per acre. The subject parcel is located
on the southwest comer of the intersection between Ustick Rd. and Farmway Rd., in Caldwell, Idaho. On December 19, 2024
the Planning and Zoning Commission recommended approval.
3. Consider Bill No. 54 (Ordinance No. 3615) associated with ANN24-000010, with a request to move for its passage by title
only and approve the summary for publication.
4. Public Hearing (Legislative): CASE ANN24-000012 / CPM24-000004 / SUP24-000017 / APP25-000001: RCK Consultants,
on behalf of Juan Pinto, is requesting annexation of parcel R3086900000 with a zoning designation of R-3, high density
residential, a comprehensive plan future land use map amendment from medium density residential to high density residential,
and a special use permit for a multi -family project with thirty-five (35) dwelling units on 1.45 acres for a density of 24 units pea
acre, to include Resolution 260-24. The property is addressed as 17507 Midland Blvd., and is located on the northwest come
of the intersection of Midland Blvd., and Laster St, in Caldwell, ID. The Planning and Zoning Commission, on December 19,
2024, recommended denial of the annexation and comprehensive plan map amendment and denied the special use permit. An
appeal application (APP25-000001) was filed on January 3, 2025, appealing the decision of the planning and zoning
commission's denial of the special use permit. The appeal will be heard by City Council as part of this project.
5. Consider Bill No. 63 (Ordinance No. 3624) associated with ANN24-000012, with a request to move for its passage by title
only and approve the summary for publication.
6. Consider Bill No. 05 (Ordinance No. 3657) related to the establishment of a Downtown Parking Advisory Board, with a request
to move for its passage by title only and approve the summary for publication.
7. Public Hearing for the purpose of public comment for the formation of Local Improvement District (L.I.D.) 25-1 for financing
fees for City of Caldwell utility extensions and connections to sewer, water, and pressure irrigation services within the Caldwell
City Limits.
8. Consider Bill No. 6 (Ordinance No. 3658) associated with the formation of Local Improvement District (L.I.D.) 25-1 with a
request to move for its passage by title only.
9. Consider Bill No. 7 (Ordinance No. 3659) [Starpointe Apartments at 0 and 1617 Sky Point Lane] and Bill No. 8 (Ordinance
No. 3660) [Arbor Ridge Subdivision, Phase 6] for annexation into the Caldwell Municipal Irrigation District with a request to
move for the passage of both ordinances by title only.
10. Finance Report acceptance by Caldwell City Council.
COMMENTS:
1. Council Comments.
2. Mayor's Comments
ADJOURNMENT.
The Caldwell City Council may convene into Executive Session at this lime pursuant to Idaho Code 74-206, identifying one or more'
of the specific paragraphs (a) through (i). An action item by the Caldwell City Council may follow the Executive Session.
UPCOMING CITY COUNCIL MEETINGSIWORKSHOPS.
TUESDAY - February 18, 2025: Next Regularly Scheduled City Council Meeting at 6:00 p.m. in the City Council Chambers
located at Caldwell City Hall, 205 South 6" Avenue. (Change of date for observance of the holiday)
Any person needing special accommodation to participate in the meeting should contact the City Clerk's Office at #455-4656 prior to
the meeting. The entire agenda packet and minutes y be viewed on the City of Caldwell's website. Cualquier persona que necesita
arreglos especiales para participar en la reuni6n debe comunicarse con el Secretario de la Ciudad al # 4554656 antes de In reuni6n.
Page 2 of 2
ee • I
CITY OF CALDWELL
PUBLIC MEETING INFORMATION
MEETING LOCATION
Caldwell City Hall
205 South 611 Avenue
We invite interested parties to participate in public hearings either electronically or in person. If you have a cough, fever, or
' are not feeling well, please contact the City Clerk's Office or Planning & Zoning Department (land -use public hearings) to
arrange participation remotely. The City of Caldwell follows the CDC guidelines to allow for distancing in the public meeting
area and provide masks/hand sanitizer on site.
Virtual Participation Option: Register in advance to provide public comments electronically or by telephone. During the
registration process, you will be asked what item on the agenda you wish to speak about. Please use the case number as listed
within the written notice.
On-line registration must be submitted at least 24 hours in advance of the meeting. Click on the "public meetings" button on
the center of the page. After registration, you will receive a confirmation email containing information about joining the virtual
meeting. REGISTER AT: https://www.citvofcaldwell.org
Written comments must be received at least eight (8) days in advance of the meeting to the Planning & Zoning Department at
P&Z@cityofcaldwell.org to be included within the staff report. All comments received after the staff report has been
transmitted will be included in the case file and provided as late exhibits at the appropriate public hearing.
CALDWELL CITY COUNCIL
Regularly Scheduled Meeting
MINUTES
February 3,2025
' 6:00 p.m.
Mayor Wagoner opened the meeting at 6:00 pm at the Caldwell City Hall Council Chambers.
Pastor Paul Shulga of Caldwell Christian Faith Center provided the invocation and Mayor Wagoner led those in the audience
in the Pledge of Allegiance.
ROLL CALL:
The City Clerk called the roll: Doty, Stadick, Register, Williams, Allgood, and Dittenber.
SPECIAL PRESENTATION:
None.
CONFLICT OF INTEREST:
Councilor Stadick reported that he could recuse himself from voting on the Consent Calendar motion due to a conflict of
interest regarding Items #12 & #18.
AUDIENCE PARTICIPATION:
Mayor Wagoner stated that Audience Participation is only available for items that were not included on the agenda. There
were individuals who signed in for the Audience Participation portion of the agenda, but were not able to provide comments
due to their listed description on the sign in sheet: Patricia Aston (Midland Project and Opposition to Hotel), Meydi
Blagojevic (Pintos Apartments), Rae Easterling (Dirt Lot), Ciera Buhler (Dirt Lot) and Natalie Levi (Dirt Lot).
' Jeanne Cridebring, 15855 Orchard Avenue, provided comments in support of Caldwell Police Department leadership. She
thanked Chief Ingram for meeting with her recently and sharing candidly, openly and honestly. She noted her appreciation
for the PowerPoint presentation provided by Caldwell Police Department at the January 21, 2025 Council meeting
outlining 2024 Year -End Report statistics. She expressed concern regarding a comment made by a Council Member about
the need to increase the tax base based on information received at the Idaho Taxpayer Symposium. She requested
clarification regarding the referenced law associated with property rights.
Scott Tilmant, 4520 Equinox Avenue, provided comments regarding the public hearing to be held on February 11, 2025
regarding the proposed new Comprehensive Plan. He recommended Council research the contents of the proposed
Comprehensive Plan. Elements of the Comprehensive Plan could highly impact the current Capital Plan.
BOOK 66 PAGE 23
AMENDMENTS TO THE AGENDA:
None.
CONSENT CALENDAR: [ALL CONSENT CALENDAR ITEMS ARE CONSIDERED ACTION ITEMS]
1. The Caldwell City Council dispenses with the three (3) reading rule of Idaho Code §50-902 for all ordinances.
2. Approve minutes for the Regular City Council meeting held on January 21, 2025 and the Impact Fee meeting
January 20, 2025; ng held on
'
3. Approve the Findings of Facts and Conclusions of Law for Passero Ridge #6 Final Plat (SFP24-000012);
4. Approve the Findings of Facts and Conclusions of Law for Nottingshire Heights Final Plat (SFP24-000008);
5. Approve the Findings of Facts and Conclusions of Law for denial of Verbena Ranch Development ANN24-000006 /
PUD24-000004 / SUB24-000022, SUB24-000023, SUB24-000024, SUB24-000025, SUB24-000026, & SUB24-
000027;
6. Approve Resolution 46-25 authorizing the purchase of InTime Scheduler software in the amount of $16,720.00 for
use by the Caldwell Police Department as accommodated within the FY-2025 budget;
7. Approve Resolution 47-25 accepting the Notice of Award for the 2025 South Florida Avenue Sewer Line Project to
Central Cove Construction, LLC in the amount of $1,368,094.00 as accommodated within the FY-2025 budget;
8. Approve Resolution 48-25 accepting a grant award for the Caldwell Executive Airport from Improvement Program
(AIP) Idaho State Grant in the amount of $18,000.00;
9. Approve Resolution 49-25 accepting a grant award for the Caldwell Executive Airport from Improvement Program
(AIP) Idaho State Grant in the amount of $44.050 Approve Resolution accepting a grant award for the Caldwell
Executive Airport from Improvement Program (AIP) Idaho State Grant in the amount of $18,000.00;
10. Approve Resolution 50-25 accepting a grant award for the Caldwell Executive Airport from Improvement Program
(AIP) Idaho State Grant in the amount of $44.050 Approve Resolution accepting a grant award for the Caldwell
Executive Airport from Improvement Program (AIP) Idaho State Grant in the amount of $33,824.00;
11. Approve Resolution 51-25 authorizing the purchase of an Environsight CCDTV camera van for use by the Wastewater
Treatment Plant in the amount of $385,000.00 as accommodated within the FY-2025 budget;
12. Approve Resolution 52-25 accepting the dedication of the sanitary sewer main from Grace Evangelic Lutheran for the
Grace Evangelic Lutheran Daycare Project located at 2700 South Kimball Avenue;
13. Approve Resolution 53-25 accepting a Quitclaim Deed from Providence Holdings, LLC for future right-of-way
development along Ustick Road;
14. Approve Resolution 54-25 accepting a Quitclaim Deed from S3 Investments, LP for future right-of-way development
along West Logan Street;
15. Approve Resolution 55-25 accepting a Quitclaim Deed from The Dennis and Neva Boyd Family Trust for future right-
of-way development at Montana Avenue and Cherry Street;
16. Approve Resolution 56-25 accepting a Temporary Easement for sanitary sewer, domestic water, pressure irrigation
main line and turnaround from Juan R. Pinto and Marina Reyes for services to the Adams Ridge Subdivision, Phase
No. 8;
17. Approve Resolution 57-25 accepting a Temporary Easement for sewer, domestic water, pressure irrigation main line
from Providence Holdings, LLC for the Adams Ridge Subdivision, Phase No. 8;
18. Approve Resolution 58-25 accepting a Permanent Easement for a sanitary sewer main line from Nicholas B. Jones and
Mariah J. Rutledge for the Grace Evangelic Lutheran Daycare Project at 2700 South Kimball Avenue;
19. Approve Resolution 59-25 accepting a Permanent Easement from The Dennis and Neva Boyd Family Trust for
construction, operation and maintenance of a sanitary sewer main line for properties known as 0 Cherry Street
(R0367801000 and R0368300000);
20. Approve Resolution 60-25 authorizing the execution of a Deferral Agreement with Thomas Alan Snyder and Constance
Snyder for deferral of public improvements at 2406 Syringa Lane;
21. Approve Resolution 61-25 authorizing the ratification of a Memorandum of Understanding with the United States
Marshals Service and the Caldwell Police Department.
MOVED by Doty, SECONDED by Williams to approve the Consent Calendar as presented.
Roll call vote: Those voting yes: Doty, Register, Williams, Allgood, and Dittenber. Those voting no: none. Absent and/or
not voting: Stadick (abstained).
MOTION CARRIED
OLD BUSINESS: [ALL OLD BUSINESS ITEMS LISTED ARE CONSIDERED ACTIONITEMS
None.
NEW BUSINESS: [NEW BUSINESS ITEMS LISTED ARE CONSIDERED ACTIONITEMS
(CONSIDER RESOLUTION 62-25 ACCEPTING THE DEVELOPMENT AGREEMENT BETWEEN THE CITY
OF CALDWELL AND AJA VENTURES, LLC FOR A HOTEL DEVELOPMENT ON APPROXIMATELY A
3.14-ACRE CITY -OWNED PARCEL LOCATED AT 104 NORTH 21ST AVENUE)
06TUR M.
PAGE 24
Mayor Wagoner reported that no on -site public testimony would be taken this evening concerning the agenda item. He
referenced the 263 written comments submitted to the City Clerk's Office. He apologized for his misstatement within a
prior news report broadcasted on Channel 6, indicating there were "no hotels" in the area. He acknowledged that there
currently are two hotels located at the Franklin Exit.
Steve Jenkins, City of Caldwell Economic Development Director, provided the staff report by use of a PowerPoint
presentation. He addressed the timeline of discussions held regarding the hotel project, hotel branding, hospitality need,
history of the subject lot usage, and the proposed holistic parking plan.
I
Project Timeline
• Aug 19, 2024 — Initial meeting with the developer
• Sep 19, 2024 — Letter of Intent (LOI) received
• Oct 7, 2024 — Mayor updated City Council
• Dec 2, 2024 — LOI formally accepted
• Feb 2025 — Seeking approval for the development agreement
Financial Acknowledgment:
o Standard RFP requirement
o Heritage Bank supports the project, demonstrating financial stability
Hotel Branding:
o Dual -branded: TownePlace Suites & Fairfield Inn
o Features:
Extended -stay rooms with kitchenettes
Traditional suites
Amenities: meeting space, pool, fitness center, dining area
Hospitality Needs & Economic Impact:
' o Oxford Economics Study:
o A 100-room hotel supports 260 jobs (145 direct, 115 indirectlinduced)
o For every $100 spent on lodging, guests spend $234 locally
o Additional Benefits:
o Supports tourism, local businesses, conferences, and events
o Strengthens restaurants, retail, wineries, and entertainment industries
Municipal Ownership:
o Caldwell Events Center Area:
o City & County ownership:
o County: —5.34 acres
o City: Remaining property
Property History:
o Site previously housed a fenced building (—I acre) until 2016
o Property swap in 2016 with Superior Signs (120 N. 21st Ave)
o Fully cleared for current use by 2017
Traffic Impact & Mitigation:
o Subject to Traffic Impact Fees
o Traffic Impact Study required to assess mitigation costs
' o Remaining funds allocated to city corridor improvements
Holistic Parking Plan:
o Dirt lot retains: 72 chalked spaces (of 295 fair -designated spaces)
0 21st Ave sewer project will provide additional parking
o Trailer stalls adjustment: 23 originally planned, now part of city -retained dirt lot
o Phase I & 2 improvements:
o Phase I (Red):
o Total Phase 1 additions: 724 stalls
o Phase 2 (Blue):
o Gabiola Field permeable parking: —987 stalls
o Softball Field Expansion: —558 stalls
PAGE 25
o Total Phase 2 additions: 1,545 stalls
o Total new parking (Phases 1 & 2): 2,269 stalls
Current Parking Inventory (947 stalls):
• 120 — Griffiths Park
• 217 — Public County Building
• 284 — O'Connor/Simplot Parking (Blaine St. Frontage)
• 326 — Parking north of tracks ($2.7M investment)
CEC Parking Plan 2025:
• 72 stalls — Dirt lot leftover acreage
• 107 stalls — Gabiola Field extension
The Mayor recognized stakeholders regarding this matter who were in attendance: Leslie VanBeek (Canyon County
Commissioner), Dianne Sinner (Canyon County Fair Director), and Ed Lodge (Caldwell Night Rodeo Board President).
COMMENTS FROM COUNCIL MEMBERS REGARDING THE REQUEST:
Councilor Williams read a prepared statement into the record:
"First of all, I would like to thank staff members for all their hard work. Many hours, over weeks and months and years,
have gone into not just this project but the effort to get a new hotel into Caldwell. Staff deserve our appreciation and
thanks. This has been neither rushed nor short-sighted.
I would also like to thank many people in our community who have contributed to this process. Seventy thousand plus
(70,000+) people live in Caldwell and now many have been heard with varying opinions, Without exception, every
individual that I personally have spoken with about this understood the need for a new hotel as well as the reasonable and
rational explanation, not onlyfor the location, but alsofor the efforts and contributions that address every single question
relative to our stakeholders in the event district.
By now, I'm sure everyone is aware that we have worked closely with community leaders, especially the College ofldaho,
the Caldwell Night Rodeo, and the Canyon County Fair. This project is not without the input of each and everyone of
them as evidenced by our effort to provide over 700 additional parking spaces directly across the street from the'
fairgrounds, on the Fair side of the railroad tracks. The furthest point of the fairgrounds is within approximately 1,800
feet.
I want to go on record stating that the meeting of the City Council with the Canyon County Board of Commissioners was
my personal prompting. Regrettably, we were unwilling to participate when that meeting was turned into a discussion
about ownership of properties belonging to the City of Caldwell, not related to this hotel location I am disappointed in
the Board's judgment and ultimate decision to carry through with that meeting after a request by the City to amend the
agenda was stated so that we might have been able to participate.
Several have asked about property sites other than this specific location. I know you will agree with me when i tell you
that in this great country, we cannot, do not, and will not ever be able to dictate to private property owners what they must
build or to private individuals where they must build.
This particular project will give our city a much -needed quality hotel that will not only serve the citizens of Caldwell, but
the visitors who come to our great city, bringing in additional revenues and supporting all events in the Cty of Caldwell,
furthering our phenomenal development.
Given that the Council has been duly elected to serve all ofour Caldwell citizens, it is incumbent upon us to make decisions,
which we do, believing it is the best for our city, and so I make a motion to approve the motel. "
MOVED by Williams, SECONDED by Dittenber to approve Resolution No. 62-25 accepting and authorizing
execution of a Development Agreement between the City of Caldwell and AJA Ventures, LLC for a hotel
development on approximately a 3.14 acres City -owned parcel located at 104 North 1" Avenue.
Councilor Dittenber read a prepared statement into the record:
"In the thirteen (13) months I have served on the City Council, this body has been called to make hundreds, in bJ
thousands of decisions. When I say served, I want to make it clear that we serve the citizens by tending the greater goand helping set visions, seeking input, maximizing resources, studying issues from all sides, and then vote our conscien
I have rarely seen anything bring about more misinformation than this hotel proposal. Time and again I watched as facts
were presented to counter the spread of rumors and misinformation; but some seemed determined to throw as much
erroneous information out as possible, making the job of dealing with facts and law even more difficult. For example,
someone, somewhere, stated children in 4-H and FFA would need to walk their animals across railroad tracks, if the hotel
is built. I have tried to track that back to its origin, and the only thing I can say definitively is it did not come from any
city staff,' the mayor, the hotel developer, or City Council It is simply not true, was never true; but, like some rumors, it
grew legs and took off. Marry believed it. I am not sure how we respond to or counter that type of intentional
disinformation campaign.
PAGE 26
I have the opportunity and privilege to speak with dozens of people each week. Overwhelmingly, the people who have
spoken with me believe that ifthe legitimate concerns ofthe event -center stakeholders can be addressed, the hotel proposal
should go forward. Others I spoke with have been full of "what if' questions. I have tried to pass those legitimate "what
f'questions onto the appropriate staffto make sue they are addressed. Unfortunately, "what if' questions are difficult
to respond to as the "intentional disinformation." I will always seek out the facts and act on relevant and inspired
questions before deciding on matters affecting the city.
I know of no one with the city who wants the rodeo, fair, or any other event to go away. That is a rumor that spread like
' wildfire by those in the community who would rather create chaos than consider facts. In fact, Caldwell City taxpayers
have invested several million dollars to ensure all event stakeholders can grow their events, thrive in the area, have
facilities to accommodate their needs, and continue to see great success. Those contributions over the years do not escape
me and I would do nothing to jeopardize the city's long-term commitment to those partnerships.
I take my fiscal responsibility to the city very seriously and there is much wisdom in turning tax -burdened properties into
tax generating properties when the city has the right opportunity. A hotel will pay property taxes. That lot has not
generated property taxes in many years. Not only will the hotel generate taxes but will have a tremendous economic
benefit not only to the event -center partners, but to all the surrounding businesses and the City of Caldwell as a whole.
It is important to know and understand that the city is NOT building a hotel. This may seem to go without saying, but in
listening to the misinformation, it needs to be clear. The city did not ask for a hotel to locate on that parcel. The hotel
chose that site. Had they chosen a different site in the event center area, we'd have a different conversation. But this is
where their market research and their expertise lead them. This is the location they decided was best for their business.
The notion or suggestion that the city should tell businesses where to locate, or that their services are not necessary, is a
dangerous and slippery slope. We didn't tell D & B where to build... we didn't tell St. Alphonsus where to build... we
didn't tell Home Depot where to build... we didn't tell Dutch Brothers or Blackrock Coffee to build -- and the list goes
on. We just don't do that. We have strong conservative values in our community and removing government regulations
to let business flourish is the cornerstone to our values. Values 1 will always adhere to when given the opportunity, I
cannot imagine any situation where the city would tell a small business owner where to locate or even question the
necessity of their services. But somehow, some members of the public have asked the city to do that very thing with the
hotel.
I did not run for the City Council because I thought I knew more than engineers, planners, economic developers, attorneys,
human resourceprofessionals, finance experts, or any other subject matter expert. I ran for Caldwell City Council to help
shape Caldwell's future by listening to the experts, weighing the facts, and evaluating the fiscal impacts of the decision
before me. I encourage my colleagues to do likewise. Every single great amenity in Caldwell came in spite of a group
of very loud, very determined opposition. The uncovering of Indian Creek, Indian Creek Plaza, and downtown housing
were all accompanied by relatively small, loud, tenacious groups having their say. I can assure you that 1 hear those in
opposition to the hotel. I can also assure you that I heard the people who are optimistic about the benefits of having a
hotel on 21" Street. 1 too share their optimism, although I heard clearly those in opposition.
Of the marry people I have spoken with many more have been in favor of this project than have been against it, once they
had facts. Growth in the city is not stopping. Unless there is a legal reason, no moratorium can occur. I understand
nostalgia and the desire to keep Caldwell a small town, but the people, and our desire to work cooperatively, with the
same vision, is what gives our community a small-town feel.
Lastly, I have watched as highly valued city staff have been vilified and demonized by some of the community. It is
inexcusable. In this chamber, members of the public have stood and challengedstaffwithout significantpushback by the
Council I want it on the record that city staff are not only self -qualified, but they are trusted, and they work harder than
most persons know -- to research, report, negotiate, and solve incredibly complicated problems. I wish we could do more
to fortes and insulate them from the nonsense, threats, name calling and worse. I'm elected, attack me. Leave the staff
alone.»
Councilor Register read a prepared statement into the record:
Before 1 get into my questions, I want to thank the Caldwell community. Thankyou for coming tonight and forsending
in your emails. 1 am sure all of us appreciate hearing from you. I have been sorting through the massive amount of
information I received through my own public records requests. This was information I had to discover, it was not
given to us in a packet to aide in our decision. I do feel, in the spirit transparency, it is important to share these things
now.
' i would also like the community to know that i have personally met or talked to several people with knowledge of the
history of this lot, and like many ofyou, have come to the conclusion that this dirt lot was always meant for public use
and for the fair, the rodeo and the college. There is no doubt that the true intent was to have this land for our
community. I believe many ofyou know this to be true, which is why so many ofyou are so passionate about opposing
this project
i have a statement and questions (both for legal and then the Mayor and/or Mr. Jenkins) and then another statement
I wanted to ask my questions alongside visuals in the form ofa PowerPoint, because i thoughtit would help make sense
of a few things for all of us, but I was told that PowerPoint presentations from Council members are not appropriate
for these meetings. Sadly, I cannotshare my visuals withyou, the community.
I also want to be clear, nothing that I am going to ask is personal, but I do think we have a problem with the way we
conduct our processes in Caldwell, so for that I am simply asking for clarity and transparency. And while it might be
PAGE 27
lengthy, it is necessary and required of us to do our own due diligence before making any decisions, especially major
legal decisions, so I appreciate everybody's patience. The reality is, we are not attorneys, and we were justgiven this
contract last Thursday, so it has been a lot to absorb very quickly.
My first set of questions to CityAttorney Mark Hilty are related to the legality of this project
1. The description in the contract states we are proposing to lease 3.14 acres of city owned land located at 104 21st
Ave. This lot actually has three legal descriptions, one for.91 acres of land, one for 1.62 acres of land, one for 1.44,
per the Canyon County Assessor's webpage. So, we are really leasing three "lots"or'parcels" Is that correct? I
Mr. Hilty stated that the legal description was provided from the City's Mapping Department.
2. Will the street be vacated at some point?
Mr. Hilty stated that he had not heard of any information regarding such action.
3. 1 need some clarity on the leases we already have at the Caldwell Events Center with the rodeo, the College ofldaho
and the Canyon County Fair.1 only found out about these last week and have been trying to deep dive into them,
but I need some help, so I will provide some background and then ask my question.
The lease with the College of Idaho appears to be current until2031. The lease with the College of Idaho outlines
the premises being rented and states they are renting Simplot Stadium and locker rooms at O'Conner Field House
together with parking. It further states that "Simplot Stadium and O'Conner Field House together with parking
and other associated facilities are depicted on the site plan attached hereto as ExhibitA".
The lease with the Rodeo appears to be current with 5-year lease extensions built in until 2049. Their lease states,
"It is specifically understood that the Caldwell Night Rodeo shall have priority over all other events at the times
established for said Rodeo. During the dates set for the Caldwell Night Rodeo each year, all parking, Charolais
barns, restrooms, and horse stalls at the Caldwell Events Center shall be available to the Lessee." The diagrams of
whatis included is also attached to their lease.
The lease with the Fair is also appears to be current unti12026, and again, outlines the parking in the dirt lot.
Attached to each lease is ExhibitA, and in EXhibtA, itshows the parking that is included as partof that particular
lease. The parking listed in ExhibitA for the lease with the College includes the larger of the three parcels being
proposed to now lease to AJA Ventures, totaling 1.62 acres of land. The lease with the Caldwell Night Rodeo and
the lease with the County include all of the parcels in the dirt lot All of the leasesgive priority to each entity based
on their events. The lease with the College of Idaho even specifically states, "City shall not permit any third -party
to use all or any part of the Premises during Typical Season activities that would interfere with Typical Season
activities" And, it can be argued that taking away parking could be interference.
There is nothing I could find in the lease with the college or the rodeo that says the terms are subject to future
development The hotel will, in fact, remove the allotted parking outlined in each lease, and there is nothing in
those leases thatstate that we can do that. There is also nothing in the leases thatstate we can remove parking or
limit parking to a smaller area. The rodeo and the college actually pay us "rent", They appear to hold legal interest
and a contract If they have valid leases, it appears the city may be breaching their agreements by leasing the same
land to a new party in a way that significantly changes or diminishes their leased area. And as we know, a lease is
a legal contract meaning those entities could potentially sue for breach of contract or damages if the city disrupts
their leasehold rights.
Also, Idaho code 50-1407 states, "the mayor and council may, by resolution, authorize the lease of any real or
personal property not otherwise needed for city purposes, upon such terms as the city council determines may be
just and equitable."
Three Questions:
• Can you advise how, with what looks like current, valid and legal leases that we have in place, how we can now
lease land that is already leased?
• Did we draft amendments to the existing leases that would take effect only if the hotel contract is approved. (with'
the approval of city council?)
• Will we be charging the College ofldaho and the Caldwell Night Rodeo less rent now that we are potentially removing
land that they lease?"
In response to the three questions posed by Councilor Register, Mr. Hilty encouraged all council members to use staff to
address these types of questions. He indicated that he did not recommend bringing such items to staff during a public
hearing.
Mr. Hilty continued by reported that there has been no suggestion that there would be any violation of the leases. If the
item is approved, there is a six-month due -diligence period where the hotel will be going over all matters pertaining to the
transaction, including a title report and investigation at the site.
PAGE 28
Mr. Hilty noted that he would not speak to Councilor Register's analysis of the leases nor to speak publicly regarding any
potential liability matter involving the City of Caldwell. If a discussion regarding liability matters was necessary, an
Executive Session would be required.
Councilor Register responded: 'A workshop should have been held regarding the existing contacts in association with
the subject parcel. If the contract is approved and signed tonight, the entities holding these contracts could move forward
with legal action against the City for breach of contract. A letter of support from the contract holders is not a binding
' legal document"
POINT OF ORDER
MOVED by Williams, SECONDED by Dittenber to call for the question.
Discussion followed.
Due to the lack of decorum in the room, Mayor Wagoner called for a short recess at 6:50 p.m. The meeting reconvened at
approximately 7:00 p.m.
Mayor Wagoner reported that the maker of the motion and the second had agreed to withdraw the motion calling for the
question. He recommended that Councilor Register move forward with her statement without addressing additional
questions of staff and limiting her comments to ten minutes. Councilor Register concurred.
Councilor Register concluded her remarks:
"I am not an attorney, but the leases should have been reviewed and discussed with Council prior to tonight's meeting.
There are state codes that outline the steps to sell public property by declaring that it is underutilized. This is not true in
the fact that there are so many events going on at the Caldwell Event Center. There are three leases that indicate what
can be done with parking because it is so in demand There are over 50 events at O'Connor booked in 2025 that use the
lot as parking. The fair is booked 18 weeks out of the year (three weeks for the actual fair event. The rodeo is booked
three weeks. We cannot say the grounds are not adequately used for public use.
Because there is a land acquisition built into this contract, it appears that it is more of a sale that is disguised as a lease.
I think we are not following the correct code with that action. If we were selling the property, we would be required to
obtain bids and a public hearing. Neither ofthese actions have been followed. Even on page 5 of the LOI, they call us the
' "seller", which is concerning. Because I believe in transparency and the problems of the process, I am going to point out
a few things:
That LOI dated September 17th was signed by the Mayor and returned to KSA Investments on October 16th, but it was
not brought before Council fora vote until December2.1 have looked into the legality of this and per our city attorney,
the Mayor can sign an L01 without Council approval as it is non -binding. Even if it was within the rights of the Mayor
to sign it without Council approval, it feels like the Dec 2nd meeting was a waste of the community's and the council's
time so at this point, I am just wondering why weren't told about the process that had already happened. I know that
the Mayor and Councilor Doty had already had meetings and were talking to people. The December 2nd meeting was
a wash.
The College ofldaho currently pays the city $19,669. 00peryear on their lease, which will increase to $20,259.00 in July.
The rodeo pays $,8500.00 annually, with built in increases. Per the lease, the College also puts at least $6, 000.00 a year,
with a 2% increase each year into a trust with the city for improvements. Both the College ofldaho and the Caldwell Night
Rodeo provide significant economic value to the city. Given this context, it is difficult to understand why an out-of-state
hotel developer with no established ties to Caldwell would be paying substantially less-305% less —than the College of
Idaho, which has been a contributing part of the communityfor the past 134 years. The law says you need to be just an
equitable. This is neither just or equitable.
I am passing over some of this, so I will post it on my Facebook as I am not allowed to say it all
At the December 2nd meeting, during the presentation, Council was told that the lease term was for 30 years. However,
the LOI that was signed in October and resigned in December was for 50 years. So now we are finding out that they have
two times at ten years each. Essentially, it's a potential 70 year contract. We are making a decision for multi -generations.
We are taking away land that was meant really for the city.
' The LOI presented to Council appears to have created confusion for KSA and Lauren Woodburn (I believe that Ms.
Woodburn is the daughter of Brandon and Kate Atkinson.) There were several changes within the conversationsfrom
thebeginning. They thought they were getting the landfor"almost nothing ifthe taxes were contributing atacertain
level" and that it was communicated the lease would be for 11000 a year for 100 years." I am not sure whose project
this is, butt do feel that the city has worked very hard on selling it to us. If that is the case, then again, we need a public
hearing. We know that KSA stands for the initials of one of its owners, Kate Suzanne Atkinson. While we were told we
were working with KSA, we now have a contract in front of us forAJA Ventures. in my research, I believe AJA stands for
one of the Atkinson's other daughters, Abigail Jane Atkinson, who lists herself on Linkedln as a 'project manager and
real estate developer" (as of April, 2024) out of California after attending the Brigham Young University Marriott
School of Business four years ago. Prior to 2024, she was an event marketing manager and intern with the PGA tour.
She is also listed as the principal owner ofAJA ventures, registered out of Nevada.
PAGE 29
We have been reassured time and time again that Brandon and Kate have years of development experience, but it
appears this project will be owned by 27 year -old Abbey with no experience in hotel development that I can find.
On October 4th, 2024, Lauren emailed stating they were considering putting a "Studio Res" on this site in the future but
wanted to start with the Townplace Suites first. Studio Res is a Marriot product which does not operate as a hotel but is
similar to an apartment building. Marriot's website describes it as a product that focuses on stays longer than 20 days.
In an email about that, Lauren said she would be checking with the College to see if their needs were met. I emailed the
College to see iftheir needs were met by the hotel and they did not return my email. Do you know what the College's needs
are and if those needs are met by this extended stay model presented to us, or are we still looking at a potential Studio Res'
in the future?
If they are the actual owners ofthe property, they will be able to develop another building on that property outright without
Council approval. Are we approving a dorm? That is what it looks like without going through all of the emails. Again,
1 will post this information.
Once they own the property, will they be required to pay impact fees like all of the other developers that come into our
community?
There was another email that mentioned more than one KSA project, saying they "are excited to partner on two projects ".
1 do not know what the other project is.
I wanted to clear up some of the parking space information because is sounds like it is all conceptual. It does not sound
like there is an actual plan.
I wanted to know if they had any conversations with arty private businesses because they said they would do that.
I have concerns about the surrounding businesses who have complained about having to police their own lots and how
much harder that will be for them during events, if they do not have this parking.
I wanted to talk about safety issues ofputting our primary parking north of the railroad tracks. I will not sign off on that.
I would close this up by talking about how we have existing leases on this property which creates a legal problem. It is
something that the legal counsel should have known and handled before they put together a contract. I would never put
a contract together knowing there were incumbrances on the property. Having existing leases on this property, it creates'
a legal problem. Ifwe vote for this, we are opening ourselves up to a potential lawsuit. No matter how much we like the
Rodeo, the College, and the Fair, if they wanted to, they would have every right to sue us.
You should look at the leases because the prior mayor was very intent on what he put in here. It was meant for the
community. The code says we have to prove that it was not for public use, or it is underutilized. That is not true.
I did have some options on what to do about the hotel. I agree that most people that I talked to are not against the hotel
but rather the location. I will not vote for something that is.questionable legally or ethically. I cannot understand how
anyone will vote for this knowing so many of our community members are against it. It is incomprehensible that we can
do this after we just paid $175, 000.00 out for parking meters because of a failed process. This process also feels failed
and very quick.
On a 20-million-dollar hotel, the city would receive $72,995.02. We keep hearing this project will bring revenue into the
city, however, it costs $97,988 to employ one entry level police officer (that's salary and benefits). Ifwe have to hire one
police officer (with what looks like an apartment building) we are taking a loss.
I checked with the County Tax Assessor and there is no other for profit business that sits on a non profit piece of land with
the exception of small businesses in hangars that do not change the landscape, and they take their business when they
leave. The hangar remains a hangar.
This hotel is only piece ofproperty in Caldwell where they will receive a tax-exempt status. That is supposed to be reserved
for public use. Again, this is a for profit building. There is no other tax payer or business that is not required to pay
property taxes on their land. These laws, which I was going to speak about, were put in place with the spirit of making
sure that the city does not give preferential treatment, nepotism, or preference to anyone. Apparently, we are.
This issue is not like the meters where we can rip them out if there is a problem. There will be a massive building at the
site. One person that supported the hotel stated that they wanted to remind us about the sanctity, integrity, and intellect
of the public process. I could not agree more with how important this is. It is absolutely critical to keep the integrity of
this process intact.
Therefore, at the very least, not withstanding any potential State Statute violations, the community's feelings and the
problems it has caused us with the county, the current leases we have in place need to be modified to protect the City of
Caldwell and its taxpayers before moving forward with any consideration for the hotel. We will not survive another divide
in our community, nor another legal battle based on a rushed and failed process — nor should we have to. Nobody is
against progress, but it needs to be responsible, and it needs to make sense".
The Mayor thanked Councilor Register for condensing her remarks.
PAGE 30
Councilor Stadick inquired if the Canyon County Fair, College of Idaho, the Caldwell Night Rodeo Board, the 4-H have
all approved the proposed plan? Does the agreement with the Griffth family (land donated to the City of Caldwell by that
family) allow for the proposed use on that specific parcel included in the plan?
He reported that of the 263 comments received from members of the public, only 4% of the comments were in favor of
the proposal. Councilor Stadick noted that during his tenure with the City Council, some of the projects considered and
decisions made, possibly did not have the full support of the taxpayers concerning Council's approval or denial. hi this
particular case; however, there is overwhelmingly non-support by the taxpayers. He noted that his vote would be relative
' to what the taxpayers want.
Mayor Wagoner clarified previous information brought forward regarding the letters of intent received by the developer.
He explained that the first document included specific language concerning it being non -binding and contingent upon
Council's review and approval. The final LOI brought forward in December did not contain that wording.
The Mayor restated the motion:
MOVED by Williams, SECONDED by Dittenber to approve Resolution No. 62-25
Roll call vote: Those voting yes: Williams, Allgood, Dittenber, and Doty. Those voting no: Stadick and Register. Absent
and/or not voting: none.
MOTION CARRIED
Mayor Wagoner expressed his appreciation for the patience and understanding of those in attendance, noting that emotions
sometimes inn high on such matters. He stated that the required process was followed tonight regarding City Council's
final determination.
(CLARIFICATION OF CITY COUNCIL'S ABILITY TO RULE ON A SPECIAL USE PERMPI)
In response to questions from Councilor Stadick, City Attorney Mark Hilty provided an overview of the recent court ruling
in response to a determination by the City of Boise to approve a community shelter facility through a Special Use Permit
process.
(PUBLIC HEARING (QUASI-JUDICIAL): CASE ANN24-000010 / SPP24-000001: ARDURRA INC., ON
BEHALF OF SLATE RONALD G AND JEANNE M FAMILY TRUST, IS REQUESTING ANNEXATION OF
PARCEL R3259900000 WITH A ZONING DESIGNATION OF R-1 (LOW DENSITY RESIDENTIAL) IN
' COMPLIANCE WITH THE EXISTING COMPREHENSIVE PLAN FUTURE LAND USE MAP
DESIGNATION OF LOW DENSITY RESIDENTIAL. THEY ARE ALSO REQUESTING A PRELIMINARY
PLAT FOR THE SITE TO DEVELOP FARMWAY CROSSING SUBDIVISION, A SINGLE-FAMILY
RESIDENTIAL DEVELOPMENT WITH 115 BUILDABLE LOTS OVER 44.49 ACRES, FOR A DENSITY OF
2.58 DWELLING UNITS PER ACRE. THE SUBJECT PARCEL IS LOCATED ON THE SOUTHWEST
CORNER OF THE INTERSECTION BETWEEN USTICK RD. AND FARMWAY RD., IN CALDWELL,
IDAHO. ON DECEMBER 19, 2024 THE PLANNING AND ZONING COMMISSION RECOMMENDED
APPROVAL)
Mayor Wagoner opened the case and explained the public hearing procedure.
Katie Wright, Associate Planner, provided the staff report with the use of a PowerPoint presentation. She noted
that the Caldwell School District submitted public comments that they were desirous of working with the
developer on timelines about busses or boundaries. Highway District No. 4 commented that they hope that the
Council takes into consideration their submitted comments. The Boise Project Board of Control wants the
ditch that runs through the property to be unobstructed and protected. She noted that The Boise Project Board
of Control is in agreement in the developer piping the drain. No other public comments were received. Staff
is requesting that Item #1 under Site Specific Conditions be modified to say, "at time of building permit
submittal, the height shall adhere to the R-1 code requirements." Staff are also asking the Traffic Impact Fees
be paid prior to approval of building permits rather than prior to the final plat signature - as mentioned in the
Engineering Department memo.
In response to questions from Councilor Stadick, Ms. Wright reported that the ditch at the site would be piped.
' Becky Yzaguirre, Applicant's Representation, 1131 South Silverstone Way, Suite 300, reported that the
development provides 2.5 dwelling units per acre over a period of three phases. The development complies
with the City Code and the Comprehensive Plan.
Councilor Stadick complimented Ms. Yzaguirre, on the proposed plan being in compliance with the City Code
without the use of any variances.
In response to questions from Councilor Allgood, Ms. Hart reported that construction for the roundabout will
start in the winter of 2025. There would be no conflict with the proposed development's construction and the
roundabout.
Delmer Slate, 3565 Pioneer Road, Homedale, signed in favor of the request but did not provide testimony.
BOOK 66 PAGE 31
Angela Bruno, signed in favor of the request but did not provide testimony.
Jeanne Slate, 4202 Farmway Road, signed in favor of the request but did not provide testimony.
Laura Johnson, 2120 West Market Road, Homedale, signed in favor of the request but did not provide
testimony.
Dean Waite, 2154 E. Timber Trail, signed in favor of the request but did not provide testimony. I
Amity Wilson, 1179 Lawrence Drive, signed in opposition to the request but did not provide testimony.
Natalie Levi, 26622 Farmway Road, signed in opposition to the request but did not provide testimony.
Heather Bingham, 13340 Riversides Road, signed in opposition to the request but did not provide testimony.
Camille Lane, 1547 Pride Lane, signed in opposition to the request but did not provide testimony.
MOVED by Stadick, SECONDED by Doty to close the public testimony portion of the hearing.
MOTION CARRIED
EVIDENCE LIST FOR CASE NO. ANN24-000010 / SPP24-000001:
1) Staff report
2) PowerPoint presentation from staff and developer
ORDER OF DECISION:
MOVED by Doty, SECONDED by Williams based on the Findings of Fact and Conclusions of Law, the Caldwell City
Council hereby orders that Case No. ANN24-000010 / SPP24-000001 a request by Ardurra Inc, on behalf of Slate Ronald
G. and Jeanne M. Family Trust for an annexation and preliminary plat for the site to develop Farmway Crossing
Subdivision is approved with the conditions as outlined within the staff report.
Roll call vote: Those voting yes: Doty, Stadick, Register, Williams, Allgood, and Dittenber. Those voting no: none.'
Absent and/or not voting: none.
MOTION CARRIED
MOVED by Doty, SECONDED by Stadick to close the public hearings.
MOTION CARRIED
(CONSIDER BILL NO.54 (ORDINANCE NO.3615) ASSOCIATED WITH ANN24-000010, WITH A REQUEST
TO MOVE FOR ITS PASSAGE BY TITLE ONLY AND APPROVE THE SUMMARY FOR PUBLICATION)
MOVED by Doty, SECONDED by Dittenber to sponsor Bill No. 54 (Ordinance No. 3615) and move for its passage by
title only and approve the summary for publication.
Roll call vote: Those voting yes: Doty, Stadick, Register, Williams, Allgood and Dittenber. Those voting no: none. Absent
or not voting: none.
MOTION CARRIED
(PUBLIC HEARING (QUASI-JUDICIAL): CASE ANN24-000012 / CPM24-000004 / SUP24-000017 / APP25-
000001: RCK CONSULTANTS, ON BEHALF OF JUAN PINTO, IS REQUESTING ANNEXATION OF PARCEL
R3086900000 WITH A ZONING DESIGNATION OF R-3, HIGH DENSITY RESIDENTIAL, A
COMPREHENSIVE PLAN FUTURE LAND USE MAP AMENDMENT FROM MEDIUM DENSITY
RESIDENTIAL TO HIGH DENSITY RESIDENTIAL, AND A SPECIAL USE PERMIT FOR A MULTI-
FAMILY PROJECT WITH THIRTY-FIVE (35) DWELLING UNITS ON 1.45 ACRES FOR A DENSITY OF 24
UNITS PER ACRE, TO INCLUDE RESOLUTION 260-24. THE PROPERTY IS ADDRESSED AS 17507
MIDLAND BLVD., AND IS LOCATED ON THE NORTHWEST CORNER OF THE INTERSECTION OF
MIDLAND BLVD., AND LASTER ST. IN CALDWELL, ID. THE PLANNING AND ZONING COMMISSION,
ON DECEMBER 19, 2024, RECOMMENDED DENIAL OF THE ANNEXATION AND COMPREHENSIVE'
PLAN MAP AMENDMENT AND DENIED THE SPECIAL USE PERMIT. AN APPEAL APPLICATON
(APP25-000001) WAS FILED ON JANUARY 3, 2025, APPEALING THE DECISION OF THE PLANNING AND
ZONING COMMISSION'S DENIAL OF THE SPECIAL USE PERMIT. THE APPEAL WILL BE HEARD BY
CITY COUNCIL AS PART OF THIS PROJECT)
Katie Wright, Associate Planner, provided the staff with the use of a PowerPoint presentation.
In response to questions from Mayor Wagoner, City Engineer Hallie Hart reported that frontage improvements
along Laster Street are required if the request is approved.
I. MGM
IWWImilJ
Craig Kulchak, Representative for the Applicant spoke in favor of the request. He explained the reason for the
appeal concerning the denial for the rezone and comp plan amendment. He explained that the misinformation
from the City of Nampa was due to the fact that they did not receive the full packet of information from the
Caldwell Planning & Zoning Department. Once the information was provided to the City of Nampa, they
reversed their initial statement in opposition to the request.
In response to questions from Councilor Doty, Mr. Kulchak reported on the height of the proposed residential
' units in association with the Adams Ridge Subdivision. He noted that windows in the proposed apartment
buildings would be frosted for privacy along that specific boarder. There is ample open space within the
development and a landscaping plan.
In response to questions from Councilor Dittenber, Ms. Wright clarified that the Planning & Zoning
Commission meeting was held on December 19, 2024. The City of Nampa retracted their initial comments
with a second letter on December 27, 2024.
Mr. Kulchak reported that he personally contacted the Nampa Planning & Zoning Department after the Caldwell
Planning & Zoning Commissions meeting. The letter from Nampa followed on December 271.
Matthew Rhees, Architect for the Applicant, spoke in favor of the project. He noted that the plan is a mixed
used development in proximity to another R-3 zoning classification. He confirmed that the bathroom windows
would be frosted for privacy purposes with the neighboring property. There are increased setbacks and a
landscape buffer, which help to mitigate the uses between the two developments.
In response to questions from Councilor Allgood, Mr Rhees reviewed the exterior building elements for purpose
of aesthetics. He noted that there will be a temporary easement to provide access during construction.
Councilor Williams expressed his concern regarding the request due to the height reduction requested within
the specified zoning classification.
Ms. Wright clarified that the request tonight is for an annexation, which is currently designated as an R-2
classification in the Comprehensive Plan. The developer is asking for R-3 zoning classification along with a
t special use permit. Discussion followed regarding the modified height proposal.
David Brume, 17000 Midland Boulevard, spoke in opposition to the request expressing concerns with
overcrowding within the immediate area, the modified height allowance for the units, and traffic congestion.
Meydi Blagojevic, daughter of the parcel owner, spoke in favor of the proposal and recommended its approval.
Patricia Aspen, in error signed in opposition on the audience participation sign-up sheet. Ms. Aspen was not
present to provide testimony.
Mr. Kulchak reported that there would be 36 apartment units; however, if the height of the units were reduced,
there would be 24 units. Traffic will be accommodated with improvements made to Laster Lane.
In response to questions from Mayor Wagoner, Ms. Hart reviewed the traffic plans for Midland Boulevard to
Laster Lane.
In response to questions from Councilor Doty, Ms. Wright clarified that the maximum number of units for the
proposed zoning classification zone, would be five dwelling per acre pursuant to the comprehensive plan.
MOVED by Williams, SECONDED by Doty to close the public testimony portion of the hearing.
MOTION CARRIED
EVIDENCE LIST FOR CASE NO. ANN24-000012 / CPM24-000004 / SUP24-000017 / APP25-000001:
1) Staff report
' 2) PowerPoint presentation from staff and developer
ORDER OF DECISION:
MOVED by Williams, SECONDED by Allgood based on the Findings of Fact and Conclusions of Law, the Caldwell City
Council hereby orders that Case No. ANN24-000012 / CPM24-000004 / SUP24-000017 / APP25-000001 a request by
Juan Pinto an annexation, a comprehensive plan map amendment and the special use permit located on the northwest
comer of the intersection of Midland Blvd. and Laster Street is denied with the recommendation that the applicant bring
back a proposal that complies with requirements outlined within the R-2 zoning classification.
Roll call vote: Those voting yes: Williams, Allgood, Dittenber, Register, and Doty. Those voting no: Stadick. Absent
and/or not voting: none.
MOTION CARRIED
PAGE 33
MOVED by Doty, SECONDED by Williams to close the public hearing. MOTION CARRIEED
(CONSIDER BILL NO.63 (ORDINANCE NO.3624) ASSOCIATED WITH ANN24-000012, WITH A REQUEST
TO MOVE FOR ITS PASSAGE BY TITLE ONLY AND APPROVE THE SUMMARY FOR PUBLICATION)
No action was taken based on the denial of ANN24-000012 / CPM24-000004 / SUP24-000017 / APP25-000001.
(CONSIDER BILL NO. 05 (ORDINANCE NO. 3657) RELATED TO THE ESTABLISHMENT OF A'
DOWNTOWN PARKING ADVISORY BOARD, WITH A REQUEST TO MOVE FOR ITS PASSAGE BY TITLE
ONLY AND APPROVE THE SUMMARY FOR PUBLICATION
Robin Collins, Community Development Director, outlined the contents of the ordinance.
In response to questions from Councilor Doty, Ms. Collins indicated that the ordinance allows one City Council Member
to serve on the board as a non -voting member.
In response to questions from Councilor Allgood, Ms. Collins reported that there has been stated interest from downtown
business owners in support of establishing this committee. Councilor Allgood expressed his concern with the formation
of another board.
Councilor Williams recommended that a time limit or sunset clause be placed within the ordinance for the re-evaluation
of the committee's productively by Council.
Mayor Wagoner suggested that a two-year limit be included in the ordinance for the committee's outcomes be reviewed
by Council.
It was recommended that Ms. Collins work with the City Attorney regarding text amendments to the document before it
is returned for Council's consideration.
(PUBLIC HEARING FOR THE PURPOSE OF PUBLIC COMMENT FOR THE FORMATION OF LOCAL
IMPROVEMENT DISTRICT (L.I.D.) 25-1 FOR FINANCING FEES FOR CITY OF CALDWELL UTILITY
EXTENSIONS AND CONNECTIONS TO SEWER, WATER, AND PRESSURE IRRIGATION SERVICES
WITHIN THE CALDWELL CITY LIMITS)
Hallie Hart, City Engineer, provided the staff report, noting that the Local Improvement District would only apply to
residential requests.
Natalie Levy, 26622 Farmway Road, signed in opposition to the request but was not present to provide testimony.
MOVED by Stadick, SECONDED by Doty to close the public hearing.
MOTION CARRIED
(CONSIDER BILL NO. 6 (ORDINANCE NO. 3658) ASSOCIATED WITH THE FORMATION OF LOCAL
IMPROVEMENT DISTRICT (L.I.D.) 25-1 WITH A REQUEST TO MOVE FOR ITS PASSAGE BY TITLE
ONLY)
MOVED by Doty, SECONDED by Stadick to sponsor Bill No. 6 (Ordinance No. 3658) and move for its passage by title
only and approve the summary for publication.
Mayor Wagoner stated that Councilor Register indicated the need to leave the meeting reporting that she did not feel well.
Roll call vote: Those voting yes: Doty, Stadick, Williams, Allgood and Dittenber. Those voting no: none. Absent or not
voting: Register.
MOTION CARRIED
(CONSIDER BILL NO.7 (ORDINANCE NO.3659) [STARPOINTE APARTMENTS AT 0 AND 1617 SKY POINT
LANE] AND BILL NO. 8 (ORDINANCE NO. 3660) [ARBOR RIDGE SUBDIVISION, PHASE 61 FOR
ANNEXATION INTO THE CALDWELL MUNICIPAL IRRIGATION DISTRICT WITH A REQUEST TO
MOVE FOR THE PASSAGE OF BOTH ORDINANCES BY TITLE ONLY)
MOVED by Dittenber, SECONDED by Stadick to sponsor Bill No. 7 (Ordinance No. 3659) and Bill No. 8 (Ordinanc
No. 3660) move for their passage by title only.
Roll call vote: Those voting yes: Dittenber, Doty, Stadick, Williams, and Allgood. Those voting no: none. Absent or not
voting: Register.
MOTION CARRIED
PAGE 34
FINANCE REPORT ACCEPTANCE BY CALDWELL CITY COUNCIL)
The Finance Committee has reviewed current accounts payable in the amount of $7,745,040.05 for the period ending
January 28, 2025 and net payroll in $815,026.03 for pay period ending January H, 2025.
MOVED by Allgood, SECONDED by Stadick that accounts payable in the amount of $7,745,040.05 represented by check
numbers 183513 through 18381 and payroll in the amount of $815,026.03 represented by check numbers 39810 through
39816 and direct deposits be accepted, payments approved, and vouchers filed in the office of the City Clerk.
' Roll call vote: Those voting yes: Allgood, Dittenber, Doty, Stadick, Register, and Williams. Those voting no: none.
Absent and/or not voting: none.
MOTION CARRIED
(COUNCIL COMMENTS)
None.
(MAYOR'S COMMENTS)
None.
(EXECUTIVE SESSION PURSUANT TO IDAHO CODE, SECTION 74-206, SUBSECTION (1)(A) FOR THE
PURPOSE OF DISCUSSING THE HIRING OF A PUBLIC OFFICER, EMPLOYEE, STAFF MEMBER OR
INDIVIDUAL AGENT)
MOVED by Doty, SECONDED by Stadick.to convene into Executive Session pursuant to Idaho Code, Section 74-206,
Subsection (1)(a) for the purpose of discussing the hiring of a public officer, employee, staff member or individual agent) for
8:45 p.m.
Roll call vote. Those voting yes: Doty, Stadick, Williams, Allgood, and Dittenber. Those voting no: none. Absent and/or not
voting: none. Those voting no: none. Absent and/or not voting: Register.
ADJOURNMENT
' The meeting was adjourned at 9:08 pm.
APPROVED AS WRITTEN THIS 18th DAY OF February 2025.
ATTEST:
1 JLA N \
)I
Debbie Geyer, City Clerk
Mayor Wagoner
,• ••••p191111,,",,,,
•�,(
o ••••••••. !L!!�
• :
1AN IS
i
°'•.,,COUNT`!, ••••,
•N..... P,
MOTION CARRIED