HomeMy WebLinkAbout2025-04-07 Council MinutesCITY 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.
FVirtual Participation O tion: 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 uze 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: httl)s://www.cityofcaldwell.ore
Written comments must be received at least eight (8) days in advance of the meeting to the Planning & Zoning Department at
P&Z _.cityofcaldwell.oto 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/channellUCci7SIAOUJNK6asXxxugLGA
CITY COUNCIL WORKSHOP
(City Hall - Chambers Room #100)
April 07, 2025
5:00 P.M.
WORKSHOP TO PRESENT TO CITY COUNCIL THE PROPOSED TEXT AMENDMENTS TO
THE CALDWELL CITY CODE — CHAPTER 10.
REGULAR CITY COUNCIL MEETING
AGENDA
(City Hall - Chambers Room #100)
April 07, 2025
6:00 p.m.
INVOCATION OFFERED BY PASTOR MIKE HOLLOMON OF THE UNITED METHODIST CHURCH.
PLEDGE OF ALLEGIANCE TO THE FLAG.
ROLL CALL.
CONFLICT OF INTEREST DECLARATION.
SPECIAL PRESENTATIONS.
a. Proclamation: April - Month of the Military Child
b. Proclamation: April - Fair Housing Month
c. Presentation: Report from the Audit Committee, City Treasurer, and Eide Bailly regarding the City of
Caldwell Audit and the City of Caldwell Employee Health Trust Audit for the year ended September 30, 2024.
AUDIENCE PARTICIPATION.
CONSENT CALENDAR: [ALL CONSENT CALENDAR ITEMS ARE CONSIDERED ACTION ITEMS]
1. The Caldwell City Council dispenses with the three 31 reading rule of Idaho Code §50-902 for all
ordinances.
2. Approve minutes for the Regularly Scheduled City Council Meeting held on March 17, 2025, and the Audit
Committee meetings held on August 29, 2024 and March 21, 2025;
Page 1 of 3
3. Approve the Findings of Facts and Conclusions of Law for Maple Hill No. 3 FinaI Plat (SFP25-000004);
4. Approve the Findings of Facts and Conclusions of Law for Shadow Glen No. 6 Final Plat (SFP24-000030);
5. Approve the Findings of Facts and Conclusions of Law for Peregrine No. 8 Final Plat (SFP24-000032);
6. Approve request for destruction of records from the City Clerk/Cemetery Department;
7. Approve Resolution authorizing the purchase of playground equipment for Luby Park and Memorial Park in
the amount of $499,866.21 as requested by the Parks Department and accommodated within the FY-2025
budget;
8. Approve Resolution authorizing the execution of the Ground Lease and Development Agreement for
Silverhawk Aviation regarding the redevelopment of the area known as the Old Farmhouse;
9. Approve Resolution authorizing acceptance of the FAA A1P Grant application for AIP 3-16-0045-042-2025
in the amount of $171,633.00;
10. Approve Resolution authorizing the purchase and outfitting of two (2) Chevrolet Colorado pick-up trucks from
Kendall Chevrolet in the amount of $95,760.35 for use by Caldwell Fire Department as accommodated within
the FY-2025 budget;
11. Approve Resolution declaring ten (10) ZOLL and one (1) Philips AED units as surplus equipment with
disposition to the Caldwell School District;
12. Approve Resolution ratifying the agreement with Idaho Power to extend underground electrical services for
the BMX track located within Pipe Dream Park in the amount of $9,221.00;
13. Approve Resolution authorizing the purchase of a fork lift as requested by the Water Department using
Sourcewell Contract #053024-ATY with Atlas Toyota in the amount of $105,361.00 as accommodated within
the FY-2025 budget;
14. Approve Resolution authorizing the execution of a Professional Services Agreement Scope of Work with
Stantec to formulate a Comprehensive Water Rate Study in the amount of $120,700.00 as accommodated
within the FY-2025 budget;
15. Approve Resolution authorizing the purchase of new tracking software for GASB accounting practices by the
Finance Department in the amount of $24,900.00 as accommodated within the FY-2025 budget;
16. Approve Resolution authorizing the execution of a Purchase Agreement with Mark & Cheyenne Fetterman in
the amount of $23,081.81 associated with completion of the Montana Avenue Pedestrian Improvement and
Widening Project;
17. Approve request for a fee reduction of 25% of the Memorial Park Rental Fee and the Special Event Permit fee
for a total reduction of $143.75 for the Heap Herders 70`h Spring Bling Car Show to be held at Memorial Park
on April 26, 2025;
18. Approve Resolution authorizing the execution of Professional Services Task Order with HDR, Inc. for design
of Well 420 in the amount of $124,700.00 as accommodated within the FY-2025 budget;
19. Approve Resolution accepting the Notice of Award and authorize the execution of an Agreement with
Abundant Water Wells Inc. for construction of a Municipal Test Well in the amount of $299,095.00 as
accommodated within the FY-2025 budget;
20. Approve Resolution authorizing the execution of a Professional Services Agreement with Bowen Collins &
Associates for engineering design of the Wastewater Treatment Plant Chemical Feed System and Building in
the amount of $179,160.00 as accommodated within the FY-2025 budget;
21. Approve Resolution ratifying the purchase of an electric chopper pump to use by the Wastewater Treatment
Plant in the amount of $92,964.85 as accommodated within the FY-2025 budget;
22. Approve Resolution authorizing the execution of a Deferral Agreement with Walter A. and Misty R. Anderson
for public improvements including curb, gutter, sidewalk, half -street section asphalt paving, streetlights, and
storm water drainage facilities for frontage along 3524 South Montana Avenue;
23. Approve Resolution accepting a Supplemental Agreement No. I to an existing contract with Bowen Collins
and Associates for the Indian Creek at Ustick Bridge Project in the amount of $118,640.00;
24. Approve Resolution ratifying a License Agreement with Pioneer Irrigation District for water main crossing
beneath the Phyllis Canal at Moss Street;
25. Approve Resolution accepting a Deed from Mark & Cheyenne Fetterman for right-of-way along Montana
Avenue as part of the Montana Avenue Pedestrian Improvement & Widening Project;
26. Approve Resolution accepting a Deed from Walter A. and Misty R. Anderson for future right-of-way
development along Montana Avenue;
27. Approve Resolution accepting an Easement from ALH BOI Laster South LLC for sidewalk constructed as part
of Alante Homes at Spring Run;
28. Approve Resolution accepting an Easement from ALH BOI Laster North LLC for sidewalk constructed as part
of Alante Homes at Spring Run;
29. Approve Resolution accepting an Easement from ALH BOI Laster South LLC for sanitary sewer, domestic
water and pressure irrigation main line as part of Alante Homes at Spring Run;
30. Approve Resolution accepting an Easement from ALH BOI Laster North LLC for sanitary sewer, domestic
water and pressure irrigation main line as part of Alante Homes at Spring Run;
31. Approve Resolution accepting a Utility Easement from Rouge Credit Union for utilities across a portion of the
property for said services at 5213 Cleveland Boulevard;
32. Approve Resolution accepting a Utility Easement from Pilot Travel Center, LLC for utilities across a portion
of the property for said services at 3512 Franklin Road;
33. Approve Resolution accepting Dedication of sewer, water, pressure irrigation, and storm drain facilities from
Canyon Village Multifamily, LLC for the Canyon Village Apartments;
34. Approve Resolution accepting Dedication of sewer, water, pressure irrigation, storm drain, and street light
facilities from Lennar Homes of Idaho for the Cirrus Point Subdivision, Phase No. 8;
Page 2 of 3
35. Approve Resolution authorizing the execution of an Agreement for Services with Strata Geotechnical
Engineering Services for the evaluation of surface requirements to assist in project planning, design, and
placement of the Public Safety Training Building in the amount of $8,400.00 as requested by the Caldwell Fire
Department and Caldwell Police Department;
36. Approve Resolution accepting a Purchase Agreement with Jed S. and Katie K. Hadlock in the amount of
$87,269.52 associated with completion of the Montana Avenue Pedestrian Improvement and Widening Project;
37. Approve request to accept the audit reports for the year ended September 30, 2024 from Eide Bailly for the City
of Caldwell and the Caldwell Employee Health Trust.
OLD BUSINESS: CALL 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 NOTED]
I. PUBLIC HEARING: (Quasi -Judicial): CASE VAC24-000001: Petition for Vacation of Right -of -Way
(ROW) - Requesting to vacate a 50-foot strip of right-of-way along the south boundary of 1209 Andy Lane.
See attached legal description and exhibit for the exact location.
2. PUBLIC HEARING: (Quasi -Judicial): CASE SPP24-000006: The applicant, John Giuliani, on behalf of
MTP Acquisition Linden LLC, is requesting preliminary plat approval for a 6-lot industrial subdivision in the
M-1, Light industrial zone. The proposed site is addressed as 5104 E Linden Streeet. (R3585200000) and is
located on the southwest corner of E. Linden St. and S. KCID Rd. in Caldwell, Idaho. The Hearing Examiner,
on March I Ith, 2025, recommended approval of the application, to be forwarded to the City Council for
consideration.
3. PUBLIC HEARING: (Quasi -Judicial): CASE SPP24-000004, DEV24-000008: The applicant, MTP
Acquisition 460 Florida LLC, is requesting preliminary plat and development agreement modification approval
for Canyon Crossing No. 2, a residential subdivision with twenty (20) duplex lots. This parcel was intended
as the second phase of the original Canyon Crossing Subdivision which was approved on September 6, 2016.
The applicant has constructed all of the horizontal infrastructure but must reapply for a new preliminary plat
approval for this portion of the Subdivision due to the expiration of their entitlements in November 2022. A
total of 40 dwelling units on 5.57 acres provides a density of 7.2 dwelling units per acre. The property is zoned
R-2, Medium Density Residential, is addressed as 0 Syringa Ln, and is located on the Southwest corner of
Syringa Ln. and S. Florida Ave., Caldwell, ID. The Hearing Examiner, on December 3rd, 2024, recommended
approval of the application, to be forwarded to the City Council for consideration.
4. Consider Resolution accepting a qualifying bid proposal from Tapani, Inc. in the amount of $5,275,373.00 and
authorizing the City Engineer to issue a Notice of Award to Tapani, Inc. and process all necessary contract
documents for the Indian Creek at Ustick Bridge Project.
5. Consider Bill No. 35 (Ordinance No. 3687) [Parcel #R3530700000 — AKA; Home Depot] and Bill No. 36
(Ordinance No. 3688) [809 South KCID Road] for annexation into the Caldwell Municipal Irrigation District
with a request to move for their passage by title only.
6. Finance Report acceptance by Caldwell City Council.
COMMENTS:
I. Council Comments.
2. Mayor's Comments.
ADJOURNMENT.
The Caldwell City Council may convene into Executive Session at this time pursuant to Idaho Code 74 206,
identifying one or more of the specific paragraphs (a) through (i). An action item by Caldwell City Council may
follow the Executive Session.
UPCOMING CITY COUNCIL MEETINGSIWORKSHOPS•
April 21, 2025 — 5:00 p.m.: Workshop Session in the City Council Chambers located at Caldwell City Hall, 205
South 6"' Avenue regarding proposed changes to the leasing concept for the City of Caldwell
April 21, 2025 — 6:00 p.m.: Next Regularly Scheduled City Council Meeting at 6:00 p.m. in the City Council
Chambers located at Caldwell City Hall, 205 South 61h Avenue.
April 23, 2025 — 5:00 p.m.: Workshop Session regarding General Fund Cash Balance, Revenue Updates,
Personnel Costs, Employee Pay Updates and Employee Performance vs. COLA.
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 # 455-4656 antes de la reuni6n.
Page 3 of 3
PAGE 60
CITY OF CALDWELL
PUBLIC MEETING INFORMATION
MEETING LOCATION
Caldwell City Hall
205 South 6'" 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 distance 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: htti)s://www.citvofealdwell.or2
Written comments must be received at least eight (8) days in advance of the meeting to the Planning & Zoning Department at
P&Z ci ofcaldweli.or to be included within the staff re art. 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.
CITY COUNCIL WORKSHOP
(City Hall - Chambers Room #100)
April 7, 2025
5.00 p.m.
WORKSHOP TO PRESENT TO CITY COUNCIL THE PROPOSED TEXT AMENDMENTS TO THE
CALDWELL CITY CODE — CHAPTER 10.
The Mayor provided comments concerning tonight's presentation for text amendments for Chapter 10. He noted that staff
would be providing information to the Council Members without public comments being received. The public hearing
will take place at the next Regularly Scheduled City Council meeting. Appreciation was expressed to the Planning &
Zoning staff members regarding their efforts concerning this project.
Robin Collins, Community Development Director, reported that a high-level summary of proposed changes within the
Caldwell City Code (Chapters 10 & 11) would be provided this evening by the Planning & Zoning Department staff. She
reported that the information has been presented within the following public forums:
• February 2024 City Council Meeting
• April 24, 2024 Stakeholder Meeting
• November 2024 City Council Workshop
• February 2025 Planning & Zoning Commission Workshop
• March 2025 Community Open House and Planning & Zoning Commission Public Hearing
Proposed major changes to the City Code include:
• Title, Purpose and Zoning Districts
• Regulations applicable to all zoning districts
• Administrative procedures
• Residential zoning districts
• Commercial zoning districts
• Manufacturing and industrial zoning districts
• Urban core zoning districts
• Special purpose zoning districts
• Overlay districts
• Specific use provisions
• Planned unit developments
• MuItifamily development standards
• Chapter 1 I: Subdivision minor amendments
Joe Dodson, Sr. Planner, outlined the proposed changes by use of a Power Point presentation. He explained changes to
the sign code, landscape amenities and requirements, the Density Bonus Program, and the design review process. He
PAGE 61
provided a summary of the various articles where changes have been addressed (Article 3, and Articles 5-t4). No changes
are being proposed for Article 4.
Robin Collins reported on the newly proposed overlay districts, explaining the allowed and/or prohibited uses. Discussion
followed.
No decisions were made or action taken. The workshop was dismissed at 5:57 p.m.
CALDWELL CITY COUNCIL
Regularly Scheduled Meeting
(City Hall - Chambers Room #100)
MINUTES
April 7, 2025
6:00 p.m.
Mayor Wagoner opened the meeting at 6:05 p.m. at the Caldwell City Hall Council Chambers. He reported that a workshop
was held at 5:00 p.m. regarding proposed changes to the City Code - Planning & Zoning Ordinance (Chapter 10) and the
Subdivision Ordinance (Chapter 11). No decisions were made or action taken within the workshop session.
Pastor Mike Hollomon of the United Methodist Church provided the invocation and Mayor Wagoner led those in the audience
in the Pledge of Allegiance.
ROLL CALL:
The City Clerk called the roll: Dory, Stadick, Register, Williams, Allgood (virtual attendance via Teams), and Dittenber.
CONFLICT OF INTEREST:
None.
SPECIAL PRESENTATION:
a. Proclamation: April - Month of the Military Child
Mayor Wagoner read the proclamation into the record. Cynthia Morgan, Idaho National Guard Child
& Youth Coordinator, accepted the proclamation.
WHEREAS, April is the Month of the Military Child, an opportunity to recognize military children for their resilient
spirits, personal sacrifices, strong character and courage; and
WHEREAS, military children are part of the strength of our nation as they support and encourage their service
members with a fierce patriotic spirit; and
WHEREAS, these children are a source of pride for the great State of Idaho and to us all, and it is only fitting that we
take time to recognize their contributions; and
WHEREAS, military children continue to make significant contributions to family, community, and their nation as
they endure prolonged and repeated absences of one or both parents; and
WHEREAS, a month -long salute will recognize that military children serve too and citizens of Idaho will be afforded
the opportunity to don the color purple every Friday of April in support of these children;
NOW THEREFORE, I, Jarom Wagoner, Mayor of Caldwell do hereby proclaim April2025 to be Month ofthe Military
Child.
IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the Great Seal of the City of Caldwell
on this 7" day of April in the year of our Lord two thousand and twenty-four.
b. Proclamation: Fair Housing Month
Mayor Wagoner read the proclamation into the record. Robin Collins, City of Caldwell Community
Development Director, accepted the proclamation.
PAGE 62
WHEREAS, April 2025 marks the 571h anniversary of the passage of Title Y111 of the Civil Rights Act of 1968,
commonly known as the Federal Fair Housing Act; and
WHEREAS, the Idaho Human Rights Commission Act has prohibited discrimination in housing since 1969; and
WHEREAS, equal opportunityfor all regardless of race, color, religion, sex, disability, familial status or national
origin - is a fundamental goal of our nation, state and county; and
WHEREAS, equal access to housing is an important component of this goal - as fundamental as the right to equal
education and employment; and
WHEREAS, housing is a critical component offamily and community health and stability, and
WHEREAS, housing choice impacts our children's access to education, our ability to seek and retain employment
options, the cultural benefits we enjoy, the extent of our exposure to crime and drugs, and the quality of health care
we receive in emergencies; and
WHEREAS, the laws of this nation and our state seek to ensure such equality of choice for all transactions involving
housing, and
WHEREAS, ongoing education, outreach and monitoring are key to raising awareness of fair housing principles,
practices, rights and responsibilities; and
WHEREAS, only through continued cooperation, commitment and support of all Idahoans can barriers to fair housing
be removed;
NOW, THEREFORE, 1, Jarom Wagoner, Mayor, do hereby proclaim April 2025, to be FAIR HOUSING MONTH in
the City of Caldwell, County of Canyon, State of Idaho. In witness whereof, I have hereunto set my hand in the City
of Caldwell, Idaho on the 7' day of April in the year 2025.
C. Presentation; Report from the Audit Committee, Ciy Treasurer, and Eide BafUv regarding the City
of Caldwell Audit and the City of Caldwell Employee Health Trust Audit for the year ended
September 30, 2024.
Bobby Lawrence of Eide Bailly reported on the Audit Report noting that there were no corrections or
adjustments to the audit, thus declaring it a lean/unmodified audit. Three federal fund reviews were
also conducted with no corrections or adjustments made to the audit findings. The Impact Fee
correction from the previous year was noted within the report. The Employee Health Trust review had
no corrections or adjustments to the audit findings.
Rachelle Castleberry, City Treasurer, provided a PowerPoint outlining the financial statements for the
Government Fund (Fund Balance & Planned Projects); Enterprise Funds; and SEFA (expenditures for
federal awards).
The Mayor expressed appreciation the firm of Eide Bailly and Ms. Castleberry for their outstanding
work on the yearly audit process.
AUDIENCE PARTICIPATION:
None.
CONSENT CALENDAR: [ALL CONSENT CALENDAR ITEMS ARE CONSIDERED ACTION ITEMSI
L The Caldwell City Council dispenses with the three (3)_reading rule of Idaho Code §50-902 for all ordinances.
2. Approve minutes for the Regularly Scheduled CityCouncil Meeting held on March 17, 2025, and the Audit Committee
meetings held on August 29, 2024 and March 21, 2025;
3. Approve the Findings of Facts and Conclusions of Law for Maple Hill No. 3 Final Plat (SFP25-000004);
4. Approve the Findings of Facts and Conclusions of Law for Shadow Glen No. 6 Final Plat (SFP24-000030);
5. Approve the Findings of Facts and Conclusions of Law for Peregrine No. 8 Final Plat (SFP24-000032);
6. Approve request for destruction of records from the City Clerk. -Cemetery Department;
7. Approve Resolution No. 125-25 authorizing the purchase of playground equipment for Luby Park and Memorial Park
in the amount of $499,866.21 as requested by the Parks Department and accommodated within the FY-2025 budget;
8. Approve Resolution No. 126-25 authorizing the execution of the Ground Lease and Development Agreement for
Silverhawk Aviation regarding the redevelopment of the area known as the Old Farmhouse;
9. Approve Resolution No. 127-25 authorizing acceptance of the FAA AIP Grant application for AIP 3-16-0045-042-
2025 in the amount of $171,633.00;
10. Approve Resolution No. 128-25 authorizing the purchase and outfitting of two (2) Chevrolet Colorado pick-up trucks
from Kendall Chevrolet in the amount of $95,760.35 for use by Caldwell Fire Department as accommodated within
the FY-2025 budget;
PAGE 63
11. Approve Resolution No. 129-25 declaring ten (10) ZOLL and one (1) Philips AED units as surplus equipment with
disposition to the Caldwell School District;
12. Approve Resolution No. 130-25 ratifying the agreement with Idaho Power to extend underground electrical services
for the BMX track located within Pipe Dream Park in the amount of $9,221,00;
13. Approve Resolution No. 131-25 authorizing the purchase of a fork lift as requested by the Water Department using
Sourcewell Contract #053024-ATY with Atlas Toyota in the amount of $105,361.00 as accommodated within the FY-
2025 budget;
14. Approve Resolution No. 132-25 authorizing the execution of a Professional Services Agreement Scope of Work with
Stantec to formulate a Comprehensive Water Rate Study in the amount of 1121,700.00 as accommodated within the
FY-2025 budget;
15. Approve Resolution No. 133-25 authorizing the purchase of new tracking software for GASB accounting practices by
the Finance Department in the amount of $24,900.00 as accommodated within the FY-2025 budget;
16. Approve Resolution No. 134-25 authorizing the execution of a Purchase Agreement with Mark & Cheyenne Fetterman
in the amount of $23,081.81 associated with completion of the Montana Avenue Pedestrian Improvement and
Widening Project;
17. Approve request for a fee reduction of 25% of the Memorial Park Rental Fee and the Special Event Permit fee for a
total reduction of $143.75 for the Heap Herders 70" Spring Bling Car Show to be held at Memorial Park on April 26,
2025;
18. Approve Resolution No. 135-25 authorizing the execution of a Professional Services Task Order with HDR, Inc. for
design of Well i720 in the amount of $124,700.00 as accommodated within the FY-2025 budget;
19. Approve Resolution No. 136-25 accepting the Notice of Award and authorize the execution of an Agreement with
Abundant Water Wells Inc. for construction of a Municipal Test Well in the amount of $299,095.00 as accommodated
within the FY-2025 budget;
20. Approve Resolution No. 137-25 authorizing the execution of a Professional Services Agreement with Bowen Collins
& Associates for engineering design of the Wastewater Treatment Plant Chemical Feed System and Building in the
amount of$179,160.00 as accommodated within the FY-2025 budget;
21. Approve Resolution No. 138-25 ratifying the purchase of an electric chopper pump to use by the Wastewater
Treatment Plant in the amount of $92,964.85 as accommodated within the FY-2025 budget;
22. Approve Resolution No. 139-25 authorizing the execution of a Deferral Agreement with Walter A. and Misty R.
Anderson for public improvements including curb, gutter, sidewalk, half -street section asphalt paving, streetlights,
and storm water drainage facilities for frontage along 3524 South Montana Avenue;
23. Approve Resolution No. 140-25 accepting a Supplemental Agreement No. I to an existing contract with Bowen
Collins and Associates for the Indian Creek at Ustick Bridge Project in the amount of $118,640.00;
24. Approve Resolution No. 141-25 ratifying a License Agreement with Pioneer Irrigation District for water main crossing
beneath the Phyllis Canal at Moss Street;
25, Approve Resolution No. 142-25 accepting a Deed from Mark & Cheyenne Fetterman for right-of-way along Montana
Avenue as part of the Montana Avenue Pedestrian Improvement & Widening Project;
26. Approve Resolution No. 143-25 accepting a Deed from Walter A. and Misty R. Anderson for future right-of-way
development along Montana Avenue;
27. Approve Resolution No. 144-25 accepting an Easement from ALH BOI Laster South LLC for sidewalk constructed
as part of Alante Homes at Spring Run;
28. Approve Resolution No. 145-25 accepting an Easement from ALH BOI Laster North LLC for sidewalk constructed
as part of Alante Homes at Spring Run;
29. Approve Resolution No. 146-25 accepting an Easement from ALH BOI Laster South LLC for sanitary sewer, domestic
water and pressure irrigation main line as part of Alante Homes at Spring Run;
30. Approve Resolution No. 147-25 accepting an Easement from ALH BOI Laster North LLC for sanitary sewer, domestic
water and pressure irrigation main line as part of Alante Homes at Spring Run;
31, Approve Resolution No. 148-25 accepting a Utility Easement from Rouge Credit Union for utilities across a portion
of the property for said services at 5213 Cleveland Boulevard;
32. Approve Resolution o. 149-25 accepting a Utility Easement from Pilot Travel Center, LLC for utilities across a portion
of the property for said services at 3512 Franklin Road;
33. Approve Resolution No. 150-25 accepting Dedication of sewer, water, pressure irrigation, and storm drain facilities
from Canyon Village Multifamily, LLC for the Canyon Village Apartments;
34, Approve Resolution No. 151-25 accepting Dedication of sewer, water, pressure irrigation, storm drain, and street light
facilities from Lennar Homes of Idaho for the Cirrus Point Subdivision, Phase No. 8;
35. Approve Resolution No. 152-25 authorizing the execution of an Agreement for Services with Strata Geotechnical
Engineering Services for the evaluation of surface requirements to assist in project planning, design, and placement
of the Public Safety Training Building in the amount of $8,400.00 as requested by the Caldwell Fire Department and
Caldwell Police Department;
36. Approve Resolution No. 153-25 accepting a Purchase Agreement with Jed S. and Katie K. Hadlock in the amount of
$87,269.52 associated with completion of the Montana Avenue Pedestrian Improvement and Widening Project;
37. Approve request to accept the audit reports for the year ended September 30, 2024 from Eide Bailly for the City of
Caldwell and the Caldwell Employee Health Trust.
MOVED by Doty, SECONDED by Stadick to approve the Consent Calendar as printed.
Roll call vote: Those voting yes: Doty, Stadick, Register, Williams, Allgood (verbal), and Dittenber. Those voting no:
none. Absent and/or not voting: none.
MOTION CARRIED
BOOK 66 PAGE 64
AGENDA AMENDMENT:
MOVED by Doty, SECONDED by Stadick to remove Item #4 from New Business as requested by staff.
MOTION CARRIED
OLD BUSINESS: JALL OLD BUSINESS ITEMS LISTED ARE CONSIDERED ACTION ITEMSI
None.
NEW BUSINESS: [NEW BUSINESS ITEMS LISTED ARE CONSIDERED ACTION ITEMS]
(PUBLIC HEARING: (QUASI-JUDICIAL): CASE NO. VAC24-000001: PETITION FOR VACATION OF
RIGHT-OF-WAY (ROW) - REQUESTING TO VACATE A 50-FOOT STRIP OF RIGHT-OF-WAY ALONG
THE SOUTH BOUNDARY OF 1209 ANDY LANE. SEE ATTACHED LEGAL DESCRIPTION AND EXHIBIT
FOR THE EXACT LOCATION)
Joe Dodson, Senior Planner, presented the staff report. The parcel is located directly south of Andy Lane and was notated
on the original plat dated 1930. He clarified that the property was not acquired through a previous annexation request and
approval for Andy Lane. This parcel is approximately 50-foot wide and 500-foot-long. All agencies were notified and no
utility providers objected to the request. Idaho Power maintains the overhead powerline easement.
He noted that the Traffic Commission considered the request in February 2025 and recommended approval with the
requirement that the right-of-way be split between the applicant and the property owner located to the south of the site -
twenty-five feet going to each property owner. The public hearing was noticed in compliance with the Idaho Code. There
are no utilities located at the site and there are no future plans for the City of Caldwell to improve the right-of-way.
In response to questions from Councilor Doty, Mr. Dodson reported that the benefit to the City to vacate the parcel would
be the continued use of the parcel by the adjacent property owners, the taxing benefit, and the ability for the City to regulate
use of the property.
Nikolay Gorcharov, 1419 Andy Lane, signed as neutral to the request but did not provide comments.
MOVED by Stadick, SECONDED by Dittenber to close the public hearing.
MOTION CARRIED
MOVED by Doty, SECONDED by Stadick to approve Case No. VAC24-00001, a request to vacate the right-of-way along
the southern boundary for 1209 Andy Lane.
MOTION CARRIED
(PUBLIC HEARING: (QUASI-JUDICIAL): CASE SPP24-000006: THE APPLICANT, JOHN GIULIANI, ON
BEHALF OF MTP ACQUISITION LINDEN LLC, IS REQUESTING PRELIMINARY PLAT APPROVAL FOR
A 6-LOT INDUSTRIAL SUBDIVISION IN THE M-1, LIGHT INDUSTRIAL ZONE. THE PROPOSED SITE IS
ADDRESSED AS 5104 E LINDEN STREET. (R3585200000) AND IS LOCATED ON THE SOUTHWEST
CORNER OF E. LINDEN ST. AND S. KCID RD. IN CALDWELL, IDAHO. THE HEARING EXAMINER, ON
MARCH I ITH, 2025, RECOMMENDED APPROVAL OF THE APPLICATION, TO BE FORWARDED TO THE
CITY COUNCIL FOR CONSIDERATION)
Morgan Bessaw, Deputy Planning & Zoning Director, provided the staff report and outlined its contents by use of a
PowerPoint presentation. She distributed a late exhibit with modified comments from the Engineering Department dealing
with an access point issue. She noted that the information had been emailed earlier in the day to the Council Members.
She clarified that the original application referenced the site as "Timbers Subdivision" but was later changed to "Barnwood
Subdivision" as stipulated in requirements from the Fire Department.
The area surrounding the site is industrial to include the Caldwell Airport facility located to the south, and some residential
to the northeast. The applicant is proposing to divide the parcel into five industrial lots and one common lot. Only industrial
uses are allowed; no residential housing. It will remain with the zoning classification as M-I (Light Industrial) with no
changes to the Comprehensive Plan or Zoning Map. The parcel was annexed within the Caldwell City Limits in 2000.
The proposed uses are compatible with the zoning designation and surrounding area. The parcel is located in the APO-1
(Airport Overlay) and is allowed within that overlay zone. The property owner will be required to record an Avigation
Easement on the property. An additional Condition of Approval has been added to the staff report which requires that the
two residential structures on the site along E. Linden Street must be removed prior to the signing of the final plat. There
is an irrigation pump house pad at the site, which will house the pressurized irrigation system and dedicated to the City of
Caldwell.
Staff have thoroughly reviewed the application for compliance with the applicable codes and recommend its approval.
Landscaping will be reviewed at the time of the building permit process. Engineering, Mapping, and the Fire Department
submitted general conditions of approval but had no major concerns. ITD confirmed that the project does not require a
traffic impact study. No public comments were received prior to tonight's hearing. The Hearing Examiner recommended
approval at the public hearing held on March 11, 2025.
John Giuliani, Applicant, 2618 South KCID Road, spoke in support of the request and recommended its approval.
PAGE 65
In response to questions from Councilor Doty, Mr. Giulliani stated that he concurs with the additional condition as listed
in the staff report requiring removal of the residences from the parcel.
In response to questions from Councilor Williams, Mr. Giulliani stated that he agreed with the amended comments from
the Engineering Department.
In response to questions from Councilor Allgood, Mr. Giuliani indicated that the lots in the subdivision would be ]eased
to individuals. Two lots will be used for his existing business. He would maintain ownership of the subdivision at this
time.
Elizabeth Koeckeritz, Attorney at Law, 601 Bannock Street, Boise signed in favor of the request but did not provide
comments.
MOVED by Stadick, SECONDED by Dittenber to close the public testimony portion of the public hearing.
MOTION CARRIED
EVIDENCE LIST FOR CASE NO. SPP24-000006:
1) Staff report
2) PowerPoint presentation from staff and developer
ORDER OF DECISION:
MOVED by Doty, SECONDED by Stadick based on the Findings of Fact and Conclusions of Law, the Caldwell City
Council hereby orders that Case No. SPP24-000006 a request by John Giuliani for preliminary plat approval of a 6-lot
industrial subdivision at 5104 E. Linden Street is approved with the conditions of approval as outlined within the staff
report along with the additional condition that the two residential structures on the site along E. Linden Street must be
removed prior to the signing of the final plat.
Roll call vote: Those voting yes: Doty, Stadick, Register, Williams, Allgood (voice vote), and Dittenber. Those voting no:
none. Absent and/or not voting: none.
MOTION CARRIED
MOVED by Stadick, SECONDED by Williams to close the public hearing.
MOTION CARRIED
(PUBLIC HEARING: (QUASI-JUDICIAL): CASE SPP24-000004, DEV24-000008: THE APPLICANT, MTP
ACQUISITION 460 FLORIDA LLC, IS REQUESTING PRELIMINARY PLAT AND DEVELOPMENT
AGREEMENT MODIFICATION APPROVAL FOR CANYON CROSSING NO. 2, A RESIDENTIAL
SUBDIVISION WITH TWENTY (20) DUPLEX LOTS. THIS PARCEL WAS INTENDED AS THE SECOND
PHASE OF THE ORIGINAL CANYON CROSSING SUBDIVISION WHICH WAS APPROVED ON
SEPTEMBER 6, 2016. THE APPLICANT HAS CONSTRUCTED ALL OF THE HORIZONTAL
INFRASTRUCTURE BUT MUST REAPPLY FOR A NEW PRELIMINARY PLAT APPROVAL FOR THIS
PORTION OF THE SUBDIVISION DUE TO THE EXPIRATION OF THEIR ENTITLEMENTS IN NOVEMBER
2022. A TOTAL OF 40 DWELLING UNITS ON 5.57 ACRES PROVIDES A DENSITY OF 7.2 DWELLING UNITS
PER ACRE. THE PROPERTY IS ZONED R-2, MEDIUM DENSITY RESIDENTIAL, IS ADDRESSED AS 0
SYRINGA LN, AND IS LOCATED ON THE SOUTHWEST CORNER OF SYRINGA LN. AND S. FLORIDA
AVE., CALDWELL, ID. THE HEARING EXAMINER, ON DECEMBER 3RD, 2024, RECOMMENDED
APPROVAL OF THE APPLICATION, TO BE FORWARDED TO THE CITY COUNCIL FOR
CONSIDERATION)
Morgan Bessaw, Deputy Planning & Zoning Director, provided the staff report and outlined its contents by using a
PowerPoint presentation. She provided background information about the original preliminary plat and the expiration of
the final plat. A Neighborhood 11 zoning classification would apply to the preliminary plat. The application meets the
requirements for infill development. The application complies with the City Code.
Four letters were received from the public regarding the original plat and proposed changes from the fifteen (15) single-
family homes at the subject site to all duplex units. The Hearing Examiner recommended approval of the request at the
public hearing held on December 3, 2024. She reported that if the request is approved tonight, the conditions of approval
(as outlined in the staff report) would apply.
In response to questions from Mayor Wagoner, Ms. Bessaw reported that the infrastructure had already been installed
under the expired plat; however, the Engineering Department had no concerns with the sewer and water lines being in
place.
In response to questions from Councilor Williams, Ms. Bessaw clarified that the conditions of approval are based on the
City Code at the time that the application was submitted. The duplex housing would be considered multi -family units.
Councilor Dittenber expressed his concern with the unattractive design of the current multi -family units constructed by the
same developer along the interstate.
PAGE 66
Councilor Allgood referred to the amenities that were called out in Phase 1 but were never constructed, which has been a
major concern to the residents surrounding the site. He expressed his disappointment that the developer waiting to
construct those amenities within Phase No. 2.
John Giuliani, 2618 South KCID, signed in favor of the request.
Daniel Sharp, Project Engineer from Noesis Engineering Services, 3544 East I Th Street, Suite 210 D & F, Ammon, spoke
in favor of the application. He noted that the amenities have been put in place to include sidewalks, a tot lot, grass/bark,
a dog park area, landscaping, and fencing.
Elizabeth Koeckeritz, Attorney at Law for the Applicant at 601 Bannock Street, Boise spoke in favor of the request. She
emphasized that this project has been in the works since 2016. She outlined the findings of fact for approving the request:
The application meets City Code requirements, it complies with the City's Comprehensive Plan, public utilities are
installed at the site, it complies with the City's Transportation Master Plan, and the site does not have scenic or historic
views. Duplexes are allowed within the designated zone, which has been notated on the preliminary plat.
In response to questions from Councilor Register, Ms. Koeckeritz confirmed that the apartments located near the site were
constructed by the same developer, John Giuliani. She noted that plan has changed from single-family homes to duplexes,
as allowed within the Caldwell City Code. This decision was based on the need for affordable housing options within the
community.
Councilor Register reported that the extension request as previously submitted by the developer was denied in part by a
lack of investment from the developer. Mr. Giuliani was not present at the noticed public hearing to provide testimony
supporting his request. She expressed concern with allowance of a substandard development within the area.
Councilor Register continued by reporting that the conceptual designs only shows two colors for the housing units rather
than three, which would be a requirement of the new provisions within the City Code Chapter 10. Discussion followed
regarding the color pallet of the residential units as well as the increased density due to duplex units rather than single-
family homes.
Ms. Koeckeritz responded that Mr. Giuliani was not aware of the requirement to attend the prior public hearing. They
were informed by city staff that the request would only require administrative approval versus City Council approval.
There was miscommunication between staff and the developer regarding the approval process.
Councilor Dittenber inquired if the developer would be willing to add another paint color(s) to the residential units?
Mr. Giuliani responded that the color pallet provides three colors for the residential units, which was indicated within the
conceptual designs,
Mr. Sharp concurred with statements from Ms. Koeckeritz that the development team did not attend the previous public
hearing due to miscommunication by staff members and the applicant. He reiterated that the conceptual design does show
three colors for the residential structures as stated by Mr. Giuliani.
In response to questions from Councilor Register, Mr. Giuliani reported that the duplex units would be rentals. He added
that the initial application with the single-family homes would have also been rentals.
Phyllis Jewett, 403 Hill Lane, spoke in opposition to the request. She reported that the apartments owned by Mr. Giuliani
have had repeated issues with crime, even to the extent of the Caldwell Police Department's SWAT team being dispatched
to the site. She recommended senior affordable housing being developed at the subject location. She expressed concern
that the constructed apartments resemble army barracks. She reported that she has lived at her location since 1965 and
(in order to verify her property line) had her parcel surveyed, which confirmed that her property does not encroach into
the Giuliani parcel.
Terry Kohler, 111 South Louisiana Avenue, spoke in opposition to the request. She provided a handout to the Council
Members outlining her concerns. (EXHIBIT C-1000)
1) The Hearing Examiner's findings of December 3, 2024, do not follow Idaho State Code, therefore, must be disregarded
by City Council in your decision.
2) Multiple delays seem to indicate that the developer does not have the interest of our neighborhood in mind
Further, I suggest a pattern of intentionally to delay on Phase 11 and lack of intension to fuylll the compromise of City
Council created between him and my neighborhood, as evidenced as far back as the 2018 letter requesting
"elimination of all single-family homes. " His stated reason for this is a major insult to Caldwell. In response to the
current Hearing Examiner's questions, Mr. Giuliani stated that he: "Did not do single family homes because a lot of
people cannot afford them. " Ours is very much an affordable part of town compared to other portions, so 1 consider
his statement just plain garbage.
3) An even greater number of higher density rentals are in no way in the best interest of our neighborhood
In conclusion, Ms. Kohler requested that Council deny the request for the proposed major changes and that the original 15
single-family homes in Phase II be built.
Carol L. Jones, 2811 Hillcrest Lane, spoke in opposition and provided a handout of her remarks. She outlined the history
of the proposed development dating back to 2015. She asked Council to require Mr. Giuliani to renew the preliminary
plat as he proposed in 2016 and comply with the stated conditions of approval. (EXHIBIT C-1001)
PAGE 67
Sue Kush [an, 121 South Louisiana Avenue, spoke in opposition to the request and provided a handout for CounciI's review.
The document outlined the many changes being proposed by the developer and statements made within the neighborhood
meetings by Dan Sharp, the applicant's engineer. She requested that the request for the additional duplexes be denied.
(EXHIBIT C-1002)
In response to questions from Councilor Register, Ms. Kushlan reported that the graffiti at the site had been removed.
In rebuttal, Elizabeth Koeckeritz, responded to comments made within public testimony. She noted that a higher density
housing is allowed along the freeway. The request meets the requirements as outlined within the Caldwell City Code.
She recommended approval of the request as presented.
MOVED by Doty, SECONDED by Stadick to close the public testimony portion of the public hearing.
MOTION CARRIED
EVIDENCE LIST FOR CASE NO. SPP24-000004 & DEV24-000008:
1) Staff report
2) PowerPoint presentation from staff and developer
3) CC-]000 (Provided by Terri Koehler)
4) CC-1001 (Provided by Carol Jones)
5) CC-1002 (Provided by Sue Kush Ian)
COMMENTS FROM COUNCIL MEMBERS:
Councilor Doty addressed the comments from neighbors and their frustration with the request by the developer. He
emphasized the need for Council Members to consider the findings of fact that were presented tonight.
In response to questions from Councilor Doty, Ms. Bessaw clarified that no waivers were requested by the developer and
that Council cannot consider the newly approved revisions within the Comp Plan or proposed amendments to Chapter I0.
The determination by Council must align with the current City Code and the Comp Plan at the time the application was
received.
In response to comments and questions from Councilor Register, City Attorney Oscar Klaas clarified that Council
Members have been presented with a land -use request. The Conclusion of Law and Findings of Fact have been provided
by staff within the documents presented tonight. If Council desires to deny the request, sufficient reasons must be provided
for the record.
Discussion followed by the Council Members and staff regarding the application and a determination based on the
conclusions of law and the findings of fact as outlined within the staff report.
Councilor Allgood recommended that the applicant adhere to the requirements as stated within the original development
agreement for the Canyon Crossing Subdivision five (5) duplex lots and fifteen (15) single-family lots. Specific timelines
should be noted in the staff report for completion of the project with penalties, as needed.
ORDER OF DECISION:
MOVED by Dittenber, SECONDED by Doty based on the Findings of Fact and Conclusions of Law, the Caldwell City
Council hereby orders that Case No. SPP24-000004 & DEV24-000008 a request by MTP Acquisition 460 Florida, LLC
for preliminary plat approval and modification of a development agreement for Canyon Crossing No. 2 located at
Southwest corner of Syringa Ln. and S. Florida Avenue is api2roved with the provision that the applicant shall adhere to
the original number of dwelling units proposed for Phase 2 in the recorded Canyon Crossing Subdivision development
agreement of five (5) duplex lots and fifteen (15) single-family lots, for a total of twenty-five (25) dwelling units.
Roll call vote: Those voting yes. Dittenber, Doty, Stadick, Williams, and Allgood. Those voting no: Register. Absent
and/or not voting: none.
MOTION CARRIED
MOVED by Stadick, SECONDED by Doty to close the public hearing.
MOTION CARRIED
The Mayor called for a five minute recess at 8:19 p.m.
(CONSIDER RESOLUTION NO. ACCEPTING A QUALIFYING BID PROPOSAL FROM TAPANI, INC. IN
THE AMOUNT OF $5,275,373.00 AND AUTHORIZING THE CITY ENGINEER TO ISSUE A NOTICE OF
AWARD TO TAPANI, INC. AND PROCESS ALL NECESSARY CONTRACT DOCUMENTS FOR THE INDIAN
CREEK AT USTICK BRIDGE PROJECT)
This item was removed from the agenda by separate motion as requested by staff.
9I4]:�T.'I
PAGE 68
(CONSIDER BILL NO. 35 ]ORDINANCE NO. 36871 1PARCEL #R3530700000 — AKA; HOME DEPOTS AND
BILL NO. 36 JORDINANCE NO. 36881 1809 SOUTH KCID ROAD] FOR ANNEXATION INTO THE
CALDWELL MUNICIPAL IRRIGATION DISTRICT WITH A REQUEST TO MOVE FOR THEIR PASSAGE
BY TITLE ONLY)
MOVED by Williams, SECONDED by Stadick to sponsor Bill No. 35 (Ordinance No. 3687) and Bill No. 36 (Ordinance
No. 3688) and move for their passage by title only.
Roll call vote. Those voting yes: Williams, Allgood (verbal), Dittenber, Doty, Stadick, and Register. Those voting no:
none. Absent or not voting: none.
MOTION CARRIED
FINANCE REPORT ACCEPTANCE BY CALDWELL CITY COUNCIL
The Finance Committee has reviewed current accounts payable in the amount of $6,462,881.78 for the period ending April
1, 2025, and net payroll in $1,456,072.06 for the pay period ending March 22, 2025.
MOVED by Stadick, SECONDED by Dittenber that accounts payable in the amount of $6,462,881.78 represented by
check numbers 184592 through 185027 and payroll in the amount of $1,456,072.06 represented by check numbers 39847
through 39880 and direct deposits be accepted, payments approved, and vouchers filed in the office of the City Clerk.
MOTION CARRIED
(COUNCIL COMMENTS)
Councilor Doty reported on his recent visit to the Boise Wastewater Treatment Plant. He noted the success of the College
of Idaho Yotes basketball team winning the championship game.
Councilor Register reported that she had forwarded information from the County Clerk, Rick Hogaboam, and his thoughts
on growth as it pertains to recent Idaho legislation and communities having the ability to provide public services. She
encouraged comments and discussion on the information provided. She noted her attendance at public meetings regarding
the expansion of the Caldwell Executive Airport. She encouraged citizens to reach out with questions regarding future
plans for growth of the airport facility.
Councilor Williams asked about the status of the "Quiet Zone" project. Mayor Wagoner reported that he would contact
the Public Works Director for an updated report regarding that project.
I
In response to questions from Councilor Williams regarding parking matters at the Caldwell Event Center, Mayor Wagoner
reported that staff have been in conversation with the various partners using the site. Additional discussion about parking
issues will take place at an upcoming joint workshop with City Council Members and the Canyon County Commissioners.
This would include designated parking areas for the Caldwell Night Rodeo, the College of Idaho, and the Canyon County
Fair. He mentioned the potential of City -owned golf carts being used to shuttle people involved with the Canyon County
Fair activities.
Councilor Dittenber reported on the Rice House Project noting that it can now be viewed to see the progress with the
restoration efforts of the structure. He expressed appreciation to the Planning and Zoning staff members for their hard
work on the newly approved Comprehensive Plan. He also expressed appreciation to Bruce Mills (Public Works Deputy
Director of Transportation) concerning the installation of new sidewalks along Blaine Street and Cleveland Boulevard. He
reported that Farmway Village will be celebrating its 851 anniversary this year.
Councilor Allgood reported that he missed the tour of the new St. Lukes facility along Hwy. 20/26. He expressed his
support for the new Home Depot project.
(MAYOR'S COMMENTS)
Mayor Wagoner stated his support and appreciation of the College of Idaho basketball team and their recent achievements.
ADJOURNMENT
The meeting adjourned at 8:37 p.m.
El,
PAGE 59
APPROVED AS WRITTEN THIS 21" DAY OF Aril 2025.
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