HomeMy WebLinkAbout2014-11-05E IDIAN'11___ - CITY COUNCIL REGULAR
MEETING AGENDA
City Council Chambers
33 East Broadway Avenue
Meridian, Idaho
AMENDED AGENDA
Wednesday, November 05, 2014 at 6:00 PM
1. Roll -Call Attendance
X David Zaremba X Joe Borton
X Charlie Rountree X_ Keith Bird
X Genesis Milam X Luke Cavener
X Mayor Tammy de Weerd
2. Pledge of Allegiance
3. Community Invocation by Larry Woodard with Ten Mile Christian Church
4. Adoption of the Agenda Adopted
5. Consent Agenda Approved (Pg 2-4)
A. Approve Minutes of September 23, 2014 City Council Special Joint Meeting
B. Approve Minutes of October 21, 204 City Council PreCouncil Meeting
C. Approve Minutes of October 21, 2014 City Council Meeting
D. Approval of Street Light Maintenance Agreement with Three Corners Land
Developments, LLC for Three Corners Subdivision No. 2
E. Approval of Contract Amendment to extend the contract for "Bulk Ferric
Chloride" to Weschem, Inc in the Not -To -Exceed amount of $78,000.00
F. Approval of Task Order 10353.b to Brown and Caldwell for the
"INFILTRATION EVALUATION FOR WASTEWATER EFFLUENT
MANAGEMENT" project for a Not -To -Exceed Amount of $291,700.00
G. Agreement with Taser International for the Purchase of Law Enforcement
Body Worn Camera Systems and Associated Hardware and Support
Systems.
Vacated
Meridian City Council Meeting Agenda — Wednesday, November 05, 2014 Page 1 of 3
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
H. Agreement for Professional Services with Kathy Drury -Bogle for Training
Development and Delivery
License Agreement with Ada County Highway District (ACRD) to Allow City
Utilization of ACHD-owned Fiber Optic Conduit
J. Recreational Pathway Easement Between Mission Coast Properties ID, Inc.,
and the City of Meridian Regarding Reflection Ridge Subdivision No. 3
K. Approval of Master Service Agreement with Syringa Network for Internet
Services
L. Development Agreement for Approval: AZ 14-009 Castle Creek Subdivision
by Northwest Ventures Located 2432 E. Amity Road Request: Annexation
and Zoning of 6.97 Acres of Land with an R-8 Zoning District
M. FP 14-039 TM Creek Subdivision No. 1 by SCS Brighton, LLC Located
Southeast Corner of W. Franklin Road and S. Ten Mile Road Request: Final
Plat Approval Consisting of Eight (8) Building Lots and One (1) Common
Lot on 6.88 Acres of Land in a C -G Zoning District
6. Community Items/Presentations
A. Continued from October 21, 2014: ACCEM Joint Powers Agreement
History Discussion Motion approved to sign and send letter. (Pg 4-5)
B. Resolution No. 14-1029: Resolution Approving Joint Powers Agreement for
Emergency Management Services in Ada County Continued to November
12, 2014 (Pg 4-5)
7. Items Moved From Consent Agenda None (Pg 5)
8. Action Items
A. Request to Grant a Variance by Capital Christian Church Regarding a
Proposed Change in Address Granted (Pg 5-16)
B. Public Hearing Continued from October 21, 2014: TEC 14-006 Jericho by
Viper Investments, LLC Located West Side of N. Jericho Road and South of
Chinden Boulevard Request: One (1) Year Time Extension on the
Preliminary Plat in Order to Obtain the City Engineer's Signature on a Final
Plat Continued to November 18, 2014 (Pg 16-30)
C. Public Hearing: AZ 14-011 Jump Creek by Northside Management Located
Northwest Corner of N. Black Cat Road and W. McMillan Road Request:
Meridian City Council Meeting Agenda — Wednesday, November 05, 2014 Page 2 of 3
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
Annexation of Approximately 86.06 Acres from RUT in Ada County to the R-
8 (Medium Density Residential) (64.63 Acres) and R-15 (Medium High -
Density Residential) (21.43 Acres) Zoning Districts Continued to November
25, 2014 (Pg 30-52)
D. Public Hearing: PP 14-013 Jump Creek Located Northwest Corner of N.
Black Cat Road and W. McMillan Request: Preliminary Plat Approval
Consisting of 318 Single Family Residential Lots, 2 Multi -Family Lots and
42 Common Lots on Approximately 85.9 Acres in the Proposed R-8 and R-
15 Zoning Districts Continued to November 25, 2014 (Pg 30-52)
9. Department Reports
A. Continued from October 21, 2014: Discussion of Social Media Policy and
Procedure. Original Policy approved December 13, 2013 (Pg 52)
B. Community Development/Building Services Division Department Report:
Proposed code adoptions and local amendments - 2012 International
Building Code, 2012 International Residential Code, 2012 International
Energy Conservation Code, 2014 National Electrical Code, 2012 Edition Of
The International Mechanical Code, 2012 International Fuel Gas Code (Pg
52-56)
C. Public Works: Budget Amendment for FY2015 in the Amount of $90,000.00
for the Wastewater Treatment Plant (WWTP)Safety Improvements
Construction Approved (Pg 56-58)
10. Ordinances
A. Ordinance No. 14-1628: An Ordinance (AZ 14-009 Castle Creek
Subdivision) For Annexation And Rezone Of A Parcel Of Land Being
Located In The SE 1/40f Section 29, Township 3 North, Range 1 East, Boise
Meridian, Ada County, Idaho; Establishing And Determining The Land Use
Zoning Classification Of Said Lands From Rut To R-8 (Medium Density
Residential District) In The Meridian City Code; And Providing An Effective
Date Approved (Pg 58-59)
11. Future Meeting Topics Idaho Smart Growth (Pg 59-60)
12. Executive Session Per Idaho State Code 67-2345 (1)(f): (f) To Consider and
Advise Its Legal Representatives in Pending Litigation
Into Executive Session at 9:17 p.m.
Out of Executive Session at 9:56 p.m.
Adjourned at 9:56 p.m. (Pg 60-62)
Meridian City Council Meeting Agenda — Wednesday, November 05, 2014 Page 3 of 3
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
Meridian City Council Workshop November 5 2014
A meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday,
November 5, 2014, by Mayor Tammy de Weerd.
Members Present: Mayor Tammy de Weerd, Keith Bird, Charlie Rountree, David Zaremba
Joe Borton, Genesis Milam and Luke Cavener.
Others Present: Bill Nary, Jaycee Holman, Caleb Hood, Bill Parsons, Kyle Radek,
Bruce Freckleton, Brent Bjornson, Terri Ricks, Scott Colaianni, Parry Palmer, and Dean
Willis.
Item 1: Roll -call Attendance:
Roll call.
X David Zaremba X Joe Borton
X Charlie Rountree X Keith Bird
_X_ Genesis Milam _X_ Lucas Cavener
W
X Mayor Tammy de eerd
De Weerd: I'd like to welcome everyone to the City Council meeting. It's always nice to
see faces in the room. So, thank you for joining us Here. For the record it is Wednesday,
November 5th. It's 6:00 p.m. We will start with roll call attendance, Madam Clerk.
Item 2: Pledge of Allegiance
De Weerd: Item No. 2 is the Pledge of Allegiance. If you will all rise and join us in the
pledge to our flag.
(Pledge of Allegiance recited.)
Item 3: Community Invocation by Larry Woodard with Ten Mile Christian
Church
De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Larry
Woodard, who is with the Ten Mile Christian Church. If you will all join us in the
community invocation or take this as an opportunity for a moment of reflection. Thank
you, Larry, for joining us and kicking us off the day after election day, uh?
Woodard: Are we all awake tonight? Our dear Heavenly Father, as I come tonight to pray
before the City Council meeting, we have just gone through a national election and state
election and we are reminded once again about the freedoms that we enjoy in this country
to be able to vote and how that has been a part of our nation from the Declaration of
Independence down to the Constitution and even referenced by Abraham Lincoln at the
Gettysburg address. So, we believe in freedom and we just thank you that we have it
here in this country. So many do not. And we are blessed to have this Council and
Meridian City Council
November 5, 2014
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leaders who have led our city to be one of the finest in the country and I just pray for each
of them tonight that they will be wise in whatever they do and that our city will continue to
grow and be blessed by sound judgment. I can't help but think that the course of freedom
has taken a long, long time. Started with the Athenians, who required each man in that
community to be a part of their council deliberations, to the Christians who put their faith
on the line and made their own choices. We remember the English who forced their king
to sign a document given them freedom and now we have our country and this community
that has enjoyed those freedoms because of those that have gone before us. We thank
you for all who work for the city here, for the police and firemen, the EMTs; planners,
maintenance people, they have done such a good job and we thank you for them. I
especial in closing want to thank our Mayor for the faith luncheon this past week that
recognizes the faith community that makes a part of our community click the way it
should. We thank you for all the church leaders in this area. Be with us tonight as we
take up some business and just help us make good decisions, in Jesus' name, amen.
De Weerd: Thank you, Larry.
Item 4: Adoption of the Agenda
De Weerd: Item No. 4 is adoption of the agenda.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Item 5-G has been requested to be vacated by staff. Item 6-B the resolution
number is 14-1059. Item 10-A, the resolution number is 14-1628. And with those
additions, Madam Mayor, I move that we approve the agenda.
Bird: Second.
De Weerd: I have a motion and a second to approve the agenda as amended. All those
in favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 5: Consent Agenda
A. Approve Minutes of September 23, 2014 City Council Special
Joint Meeting
B. Approve Minutes of October 21, 204 City Council PreCouncil
Meeting
C. Approve Minutes of October 21, 2014 City Council Meeting
Meridian City Council
November 5, 2014
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D. Approval of Street Light Maintenance Agreement with Three
Corners Land Developments, LLC for Three Corners Subdivision
No. 2
E. Approval of Contract Amendment to extend the contract for
"Bulk Ferric Chloride" to Weschem, Inc in the Not -To -Exceed
amount of $78,000.00
F. Approval of Task Order 10353.b to Brown and Caldwell for the
"INFILTRATION EVALUATION FOR WASTEWATER EFFLUENT
MANAGEMENT" project for a Not -To -Exceed Amount of
$291,700.00
H. Agreement for Professional Services with Kathy Drury -Bogle for
Training Development and Delivery
I. License Agreement with Ada County Highway District (ACHD) to
Allow City Utilization of ACHD-owned Fiber Optic Conduit
J. Recreational Pathway Easement Between Mission Coast
Properties ID, Inc., and the City of Meridian Regarding Reflection
Ridge Subdivision No. 3
K. Approval of Master Service Agreement with Syringa Network for
Internet Services
L. Development Agreement for Approval: AZ 14-009 Castle Creek
Subdivision by Northwest Ventures Located 2432 E. Amity Road
Request: Annexation and Zoning of 6.97 Acres of Land with an
R-8 Zoning District
M. FP 14-039 TM Creek Subdivision No. 1 by SCS Brighton, LLC
Located Southeast Corner of W. Franklin Road and S. Ten Mile
Road Request: Final Plat Approval Consisting of Eight (8)
Building Lots and One (1) Common Lot on 6.88 Acres of Land in
a C -G Zoning District
De Weerd: Our Consent Agenda is Item 5.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we approve the Consent Agenda, authorize the Clerk to attest and
the Mayor to sign.
Meridian City Council
November 5, 2014
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Bird: Second.
Rountree: I have a motion and a second to approve the Consent Agenda that was
amended in the proceeding. Any discussion from Council? Madam Clerk, will you call
roll.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 6: Community Items/Presentations
A. Continued from October 21, 2014: ACCEM Joint Powers
Agreement History Discussion
B. Resolution No. 14-1029: Resolution Approving Joint Powers
Agreement for Emergency Management Services in Ada County
De Weerd: Under Item 6-A. Council, we do have a letter that is going around for your
signature to memorialize the discussion that you had on October 21st seeking a response
from the county, so we will continue this so that the county has a chance to receive our
questions and give them a chance to respond. Is there any further comment, Mr. Nary,
or --
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I still -- in this joint powers agreement I still -- for 28,000 we are nothing now but an
advisory council, am I not right? Or am I misreading? We -- the commissioners have the
final say of what is done.
De Weerd: Mr. Bird, I guess the county is always kind of technically had the final say by
signing off on the paper -- the federal paperwork, which has been a requirement to receive
those funds. So, it's -- it had to be rewritten in the joint powers agreement to reflect that,
but, yes, they do have the opportunity to overrule the vote of the executive committee, but
you would have all -- as l understand it, because they do vote there that you will have a
good heads up on the direction they are going.
Bird: I just -- I can't think of any other thing that we pay dues into where we haven't at
least got a -- get to do the final voting on what is -- transpires, where having sat in on a
meeting one before this I have voiced my opinion at the time with the council that I didn't
feel that -- and while 98 percent of the time there would be no problem, it's that two
percent, but for 28,000 dollars I think we ought to have a little more say than just being
advisory.
Meridian City Council
November 5, 2014
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De Weerd: Just the 28,000 -- all of the cities contribute per population to again look at the
county as a whole in terms of emergency response on countywide issues. They are also
the ones that oversee the countywide training, train cities and whatever tabletop activities
we request and I think the letter is really asking for clarification on -- as if we can continue
to pay dues and participate in the joint agreement what are the rolls and responsibilities of
the staff and, in turn, what is the accountability to the cities for helping to -- to pay for the
personnel to oversee these grants. But that's the best I can do in that.
Bird: Madam Mayor, I have no problem signing the letter and sending it in, but I do have a
problem of -- and I would hope we don't enact upon the resolution tonight until we get an
answer back from our letter.
De Weerd: Mr. Bird, my advice is -- is exactly that, is to skip Items 8 -- or 6-A and B until
the county has had a chance to receive the letter and -- and has responded to it. Then we
can have a conversation on what their response is in terms of defining the role,
responsibilities, and accountability to the cities that are paying dues.
Bird: Do you need a motion to accept the letter to send it in?
De Weerd: Yes, I think that would be appropriate.
Bird: I would move that we -- Council and Mayor sign the drafted letter to send to ACHD
commissioners regarding the ACCEM joint powers agreement questionnaire.
Rountree: Second.
De Weerd: I have a motion and a second and just that this item will not -- will be
continued until next week considering we have a response, otherwise, it will be continued
again. Does that sound reasonable?
Bird: That's great.
De Weerd: Okay. Any discussion on the motion? Okay. Madam Clerk.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea.
MOTION CARRIED: ALL AYES.
Bird: Thank you. And we will need to get your signatures before you leave tonight.
Item 7: Items Moved From Consent Agenda
De Weerd: There were no items moved from the Consent Agenda.
Meridian City Council
November 5, 2014
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Item 8: Action Items
A. Request to Grant a Variance by Capital Christian Church
Regarding a Proposed Change in Address
De Weerd: So, Item 8-A is under -- who is going to lead this -- Bonnie? Bill? Bill? Raise
your hand.
Ricks: Sorry, I was a little distracted. Madam Mayor and Members of the Council, the
Capital Christian Center is presently addressed at 2760 East Fairview Avenue and has
been at this location for over 20 years. The recent sale of its surrounding property,
however, in addition to the subsequent development of the Volterra Subdivision,
necessitated an address change. As you can see by the exhibit, excuse me, the only
access for this structure has been through North Hickory Way. It's Fairview Street
frontage would have been the determining factor in the assignment of a Fairview Avenue
-- excuse me -- Fairview address approximately 20 years ago. While the creation of the
new residential lots to the north of the church have no impact on their existing address,
the development of the three commercial lots to the south of it outlined in blue here have
effectively eliminated all Fairview Street frontage. It's not uncommon with ongoing
development in our city that an existing structure is absorbed into a new subdivision.
Once a plat has been recorded new addresses are, then, assigned. When possible, if
there is street frontage and other determining factors are met, a previously assigned
address for an existing structure is allowed to remain. With the loss of Fairview frontage
this is not the case with the Capital Christian Center. An existing multi -tenant commercial
building directly to the west and across the street -- this white building over -- there you
go. Is addressed off North Hickory Way. The three new commercial lots to the south
have also been assigned North Hickory addresses. Meridian city ordinance, in addition to
our current standard addressing guidelines, requires that a structure be assigned an
address from a street from which it fronts or that a structure -- or, excuse me, or receives
access from. While neither of these requirements are met in this instance, the overriding
factor is the confusion such addressing inconsistency would create for emergency
personnel in this area. There is several areas of concern if the address is left as is. One,
all addressing within the city and county is GIS based. The GIS address point presently
attached to this Fairview address will create an error due to its North Hickory, rather than
Fairview location. There are now newly created parcels separating this structure from
Fairview Avenue. Number two. The supposition is inaccurate that if a structure has been
in existence for a long period of time such as this there is no problem locating it in an
emergency situation. The 911 call center dispatches for the entire county and uses GIS
data the city provides in order to route emergency responders. Dispatchers are not
familiar with all locations and the call center has specifically expressed its concern over
leaving the Fairview address intact. Number three, it is very common for Boise or Eagle
units to respond to emergencies in our area. Their timely response is solely dependent on
the accuracy and consistency of our addressing, as opposed to personal familiarity with
particular locations. Number four. While at present the church is very visible from
Fairview, development of the three commercial lots to the south, which include the
building currently under construction, will increasingly obscure visibility from Fairview.
Meridian City Council
November 5, 2014
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The future development of the property to the west -- both to the west and the east of the
church -- the visibility from Fairview will be nonexistent. Once the Volterra plat was
recorded the new lot, block, and parcel information was transmitted by the county to the
city for address assignment. While assigning addresses addressed to this subdivision on
October 2nd, it was evident that the existing address would be problematic. The
assessor's office, along with Meridian fire and police departments were notified and their
input was requested. We also requested the issue be heard by the Ada County street
naming committee and while this is ordinarily a recommending committee regarding street
naming, they often weigh in on difficult addressing situations such as this. A voicemail
was also left the same day to the church regarding the situation and an e-mail was sent.
On October 16th a meeting was held with the pastor and associate pastor of the church to
discuss their concerns, as well as staff concerns about the potential address change.
Representatives from our community development, legal, fire and police departments
were in attendance. The concern of the church were understandably the length of time
they have been at the Fairview address, in addition to the potential cost associated with
such a change. Police and fire raised a public safety issue as previously mentioned. A
handout was also given to the church regarding expenses they will not need -- that will not
need to be incurred. Some identified items were that deeds do not need to be re-recorded
as they are based on the actual legal description, lot, block, and subdivision, as opposed
to addresses. Checks do not need to be reprinted. Banks will honor checks with previous
addresses. They can be used until they run out and new checks with the new address
can, then, be ordered. There is no charge for address changes for periodicals, banks,
insurance companies, et cetera. There is no charge for a change of address through the
U.S. Post Office. If processing it online, however, rather than submitting a card change of
address at the post office, there is a one dollar charge to a credit or debit card and this is
solely for identification purposes. Mail delivery is also a concern with an address change,
but the post office has verified an initial seven day delay for the first delivery after the
change, but with no additional delays. The city would make notifications to the 911 call
center, Meridian fire and police departments, Meridian utility billing services, Ada County
elections, Ada County assessor's, Idaho Power, Intermountain Gas, and Qwest
Communications. These agencies, as well as the post office, are also given an effective
date of an address change, generally 90 days from the date of the notification letter in
order to allow the affected entity sufficient time to notify their personal contacts. In
summary, leaving the address -- existing Fairview address as is would set a negative
precedent. It would be increasingly more difficult to systematically assign accurate
addresses to other structures in keeping with our city ordinance, standard addressing
guidelines and NENA, the National Emergency Number Association standards. In an
effort to avoid potential response delays for emergency personnel and in order to provide
addressing consistency, my recommendation, along with that of the Ada County Street
Naming Committee, the Emergency Communications Bureau, which is the 911 call center,
Meridian fire and police departments, is that the present address of the Capital Christian
Church be changed to accurately reflect its North hickory location. And with that I will
conclude and stand for any questions. Thank you.
De Weerd: Thank you, Terri. Now I understand why you didn't respond, because I called
you Bonnie, so -- sorry about that. Any questions for Terri?
Meridian City Council
November 5, 2014
Page 8 of 62
Bird: I have none.
De Weerd: Okay. Is Capital Christian here? Would you like to make comment?
Wilde: Sure.
De Weerd: Thank you for being here. If you will, please, state your name and address for
the record.
Wilde: My name is Ken Wilde. I live at 747 West Eagle -- West Watermore Court, Eagle,
Idaho, and I'm pastor -- senior pastor Capital Christian Center. Honorable Tammy de
Weerd and distinguished Members of Meridian City Council, thank you the opportunity to
come and at least express our desires and wishes here. As was already noted, recently
we received notice from the city that our address would change from Fairview Avenue to a
North Hickory Way address and as was mentioned we met with them and they expressed
their concerns and what they would like to do. We have owned this property for around
21 years and in addition to the address change it also includes a zip code change. So,
we'd like to request maintaining our address for the following reasons: The Capital
Christian Center was the first building in our area. We wondered why we were going way
out there, but at the time when we constructed the building some 21 years ago, after
buying 40 acres of farmland. Now we. are a congregation of several thousand There
were no major subdivisions or businesses within possibly a mile of us at the time and
since then, as you know, it has grown up around us and the old statement, build it and
they will come I guess is in vogue here. Therefore, we have been known as a church on
Fairview Avenue and have developed our entire public relations around our location. It
would actually be quite expensive to change our address, our legal documents, and all of
our PR and, once again, rebrand who and where we are located. Also Capital Christian
Center has a national presence as we are associated with a sister organization, the
National Prayer Center, Washington DC, and with -- who has many churches,
organizations, and private citizens around the country who we have correspondence from -
to our address here in Meridian. In addition, it seems to us to be very confusing for public
relations when we have been at Fairview Avenue for 21 years and now people will have to
find their way to where North Hickory Way is located. We have always been a -- known
as a landmark location here in Meridian. Capital Christian Center, as was noted, was told
that one of the major reasons for the change is public safety and that police and fire would
not know where we are located. However, even presently the fire department uses our
building and parking lot for training and we have worked closely with the police
department over the years. Our building is 61,000 square feet. It's not easy to hide. I do
not see this as a major deterrent for changing our address. Nothing has changed for us,
since we have sold our frontage property, we have the same entrance and access that we
have had for 21 years. We have the same sidelines from Fairview Avenue, except for the
extreme east end of the Fairview property where a building is going in. We will also
maintain our signage out front on Fairview Avenue, which is in agreement with the new
owner. And we also have responsibility to help maintain part of the entrance to North
Hickory Way on Fairview Avenue. Capital Christian Center has always attempted to be a
Meridian City Council
November 5, 2014
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serving community to the City of Meridian and help in any way possible for free
community events and community activities. We have hosted many events at our
property for the community, such as Fall Fest, Easter egg hunts, Western Days, and --
and, of course, traditional religious and national holiday events, such as Thanksgiving,
Baskets For Families In Need, turkeys for the Meridian Food Bank, handing out winter
coats for Meridian Head Start children. In fact, we won a national award from the national
Head Start and we also hold community services, such as Christmas Eve and other
Thanksgiving community events. We also provide a free dress shop for Dress For
Success, an organization which helps underserved women in our community with
appropriate attire for job interviews and for the job itself. They receive referrals from many
government and private organizations and is one of our community's organizational
shining stars. We also house a valleywide home school co-op each week and we also
have a post high school intern leadership program, all of which are programs there at the
Capital Christian Center. We have also been involved in service projects in which we help
in local community work, such as helping paint some of our local schools and other ways
to aid in upgrading our area. Our hope is to always be a helping and generosity center for
those in our community who are less fortunate. Therefore, we prefer to spend money on
community help projects, instead of money to change our address, which seems to be
counterproductive to us. And, therefore, Capital Christian Center asks for a variance in
our address change, so that we can maintain our present address at 2760 East Fairview
Avenue. All of these other organizations that use the building said they will also have to
Change their address as well Thank you so much for the privilege of presenting our
request and we appreciate you hearing us. Thank you.
De Weerd: Thank you, Ken. You may stand there for a few minutes in case someone
had a question. Council, any questions?
Bird: I don't have one at this time.
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: Pastor, I mean we realize what a wonderful community partner you are. Your
main argument is the money that it will cost. So, I'm curious what -- have you done the
math and how much money that is?
Wilde: It's not just the money, it's a PR nightmare, trying to get national -- we have
national letters that go out all the time and these other organization that use our building
are going to also have to switch their -- their addresses, et cetera. It's going to be an
interesting time, particularly the very beginning. Now, overtime I'm sure it won't be as
difficult, but we have always been known as a Fairview Avenue address and that's what
we would like to maintain.
Milam: Thank you.
Meridian City Council
November 5, 2014
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De Weerd: Any other questions? Okay.
Bird: Madam Mayor, just a second.
De Weerd: Mr. Bird.
Bird: Pastor, you did say that the sign was going to stay out there on Fairview, even
though you have sold the sold property off --
Wilde: Yes.
Bird: -- that sign will sit there with the address and everything? Thank you.
De Weerd: Okay. Thank you.
Wilde: Thank you.
De Weerd: So -- Mr. Bird.
Bird: Lieutenant, when you get a 911 call in and they give you this address, does this
this building comes up on your computer, don't it, at this point?
Colaianni: The address -- the address will come up on the computer.
De Weerd: And at that location?
Colaianni: Yes. It will show -- it will show the address on Fairview.
De Weerd: Okay.
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: Terri, maybe a question you can answer for me. In our community's history has
there been other times where this has happened, where a -- you know, a significantly
large, free-standing building has had to have their address changed?
Ricks: Not in my time here. I don't remember like a business especially. Well, actually,
we have -- we have had businesses. Usually they are residents, exhibiting homes that
are changed, and they, too, have -- while it's not a church or something of that nature
where many, many people are affected, you know, some homes we had recently,
Spurwing Rim, where there was an existing address and I -- I can't remember how many
years that had been at that address, but I think it was well over a decade. The gentleman
sold the land and Spurwing Rim was developed around it. There were new internal
streets and his address needed to be changed, so --
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Cavener: And that was only residential; correct?
Ricks: That was residential. Correct.
De Weerd: I think, Council, what kind of triggered this is what happened on off Overland,
but that wasn't an existing building, it hadn't had a long-term presence in the community.
So, you know, this is different and it's in front of you.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: We have heard the police department weigh in, I guess. The reason for the
rule in the first place was the safety services and the fact that not always is it our own first
responders, but sometimes we have help from other cities to respond and that's where the
rule came from in the first place that your address has to be where your access is. So, I --
I know Lieutenant Colaianni answered the question what comes up on their screen, but is
the access indicated? I guess what I'm thinking of we -- we do have similar instances.
The Valley Shepherd Church looks like it faces Meridian Road, but it has no access on
Meridian Road, so its address is Maestro or something like that. Several other
businesses are the same, even though they look =- Overland has been mentioned. They
look like they are on Overland. There is no access to Overland, so their address is the
side street and, as I say, that -- that came about because we were asked by our first
responders to make sure that the addresses matched the access, so that they didn't come
up with a fire truck or a police car the wrong direction or in the wrong place and couldn't
get in where they were going if they went to that address and there is no access. So, I
guess I would ask both of you how much difference that makes in this circumstance. Not
only the precedence, but this one time.
Colaianni: Madam Mayor and Mr. Zaremba, I mean I don't know that I can give you a lot
more illumination on this topic than has already been provided in staff and to what you
have discussed already. When we are dispatched to a call it gives us the address. It will
show the Fairview address and usually, typically, the closest cross street, but not in all
cases, it just depends on how the addressing system is set up. That said, I clearly know
where this church is at. The people that live in this community know where it's at, but you
raise the point that if there are other responders -- first responders coming from out of the
area that don't know where it's at and this area is developed along Eagle Road and along
Fairview and it is more hidden than it is visible now, it could be a problem. I mean that
likelihood exists if there first responders that just don't know where the area is at. They
are just not familiar with the area. And, then, you know, we look at what we are doing
consistently with addressing and how we want to do that now and in the future and so I
think that that -- what Mrs. Ricks has covered is everything there is.
Cavener: Madam Mayor? Oh, go ahead.
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De Weerd: Parry, did you have anything to add?
Palmer: Madam Mayor, Members of the Council, the only other thing I would add is the
processing of calls initially -- we find that more and more people have cell phones and
sometimes if they hang up prior to us being able to confirm their location all we have is the
lat and long that comes with the GPS. The GPS may show the location, but if the address
shows up as Fairview it's far enough off of Fairview that the dispatcher is going to
question whether they got the right location and in trying to verify that that's going to take
time and to the lieutenant's point, maybe a little bit more so for us than it is PD. We can
find ourselves in situations with large incidents that we may have a unit in here from
Middleton or Caldwell that is covering the city for other calls for us that may not be familiar
with this location or have the same mapping capabilities that we have to be able to locate
where they are going.
De Weerd: Well -- and I get all that, but if someone is in the church, they are not going to
have an address, they are going to say I'm at Capital Christian Church and so I -- I
understand with residential and with anything new that we do, but this one just has me a
little bit baffled and I can think of one other situation that will probably -- Ten Mile Christian
has pads in front of it and it's been addressed on Franklin, so just -- we just need to be
aware what -- what we are doing here as well on existing facilities and these are huge
facilities that are a little bit more obvious. So -- Mr. Cavener.
Cavener: Not to -- not to belabor the point, but I guess the way I'm looking at this is that if
we -- if we vote to grant the variance nothing changes --
Bird: Yeah.
Cavener: So, I guess my question is for our emergency responders is this building has
been here for 21 years, have we had an issue in the past 21 years where emergency
responders haven't been able to get to that facility?
Colaianni: I can't speak for fire, but, no, not on the police side.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Not to make this into an hour deal -- if we don't have anymore discussion -- and I -- I
think that I -- I seriously hope that Caldwell and Middleton aren't our first responders on a
Meridian call, but anyway --
De Weerd: Before you do that I think Mr. Nary has one thing to add.
Bird: Oh.
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Nary: Madam Mayor, Members of the Council, if you're going to grant the variance, then,
you need to make findings as to why this is an undue hardship and why this is different, so
that way we -- remember, we are crafting an ordinance to address this again and as you
heard Terri say, the concern we have is other businesses having the same issue. So,
whatever your findings are, if you could make it clear what your direction is, why, if you're
going to grant it, what's the basis for it.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I will make a motion, Bill, and, then, you can tell me if it's right or wrong. With your
permission. I move that we grant the variance for Capital Christian Church for as long as
there is no buildings put between them and Fairview Avenue -- in front of them and that
the reason I believe that we should grant this variance is because of the 21 year record
and all the literature and PR and paperwork they have got out, so they don't have to
change everything and -- that's my motion. Does that cover it, Bill?
Nary: Madam Mayor, Members of the Council -- well, you need a second if you want
to --
De Weerd' Do I have a second? Okay.
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: I'm not quite tracking all of Councilman Bird's motion. I -- I agree with the intent
behind it, some of the parameters associated with that I'm struggling with. I guess I'm
beating around the bush to say I guess I will second that.
Rountree: But you don't know why.
Zaremba: Discussion, Madam Mayor?
De Weerd: Discussion. Mr. Zaremba.
Zaremba: Like Councilman Cavener, I would like a little more definition. The -- the
properties that have been sold off that -- it appears to be three different lots there and I
guess my question is are those lots numbered in some way that we could ask the maker
of the motion to identify that the left lot -- they are already building on one of the lots, but if
the intent of the motion is that the left lot be left unimproved or at least not with a building
that would hide it and that their church sign remain on that property -- is there some way
to identify that specific piece of property?
De Weerd: Or a view corridor in as well.
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Zaremba: Is there a plat number of something to it?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Yeah. I -- I didn't feel that the one that they are building on right now was -- was
between Fairview and them, it was off to the east and I -- I would say the lot that's got the
sign on, as long as it's left undeveloped that would be my preference.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I have been handed a sheet that identified the lot that I believe we are talking
about as Lot 2 of Block 1.
Bird: I would put that in my motion as long as Lot 2 of Block 1 remains undeveloped and
we can leave this address as is. But if that is developed and built on, then, the variance
goes away. Second agree?
Cavener: I don't - I'm still not -- I think enough for me to -- for the second to agree, so --
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: A couple points if we are going the direction to grant this. We need some
substance to the variance and I don't think that a view corridor or some kind of a
restriction on development or timing of development of a lot that somebody is going to
have to keep track of, which will never happen -- so, if -- if we need substance for the
variance I think one item that was mentioned is that there is signage on Fairview that will
remain, there are occupants other than the church that utilize the church and address of
Fairview for their endeavors, as well as the -- what was stated by Councilman Bird, which
is its history and its presence because of its significant size of 16 -- 61,000 square feet,
something like that. So, to me if those were added to the motion and the lot discussion on
Fairview were eliminated, I could probably support the motion.
Bird: I have no problem adding that.
Cavener: I agree on that.
De Weerd: Okay.
Bird: Call for the question.
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De Weerd: Any further discussion? Madam Clerk, will you call roll.
Rountree: So, could we get the motion restated?
De Weerd: Read the minutes.
Nary: Madam Mayor? Madam Mayor?
De Weerd: Mr. Nary.
Nary: Madam Mayor, Members of the Council, what -- what I think I heard you say was
that you want to consider as part of your conditions of hardship the length of time that the
address has been in existence. I would suggest 20 years be a minimum, because, then,
you're not going to be dealing with every new construction, but something that's been in
existence longer than 20 years. Over 50,000 square feet, because of the visibility is -- I
thought was what you were talking about and multiple users of the facility -- I mean that
may deal with a long standing apartment complex of some sort that may be an issue, but
as long as you -- what you're asking is to consider that when we craft an ordinance, that
those are the factors you may consider for hardship consideration of a variance -- there is
a minimum of three factors --
Rountree: One more.
Nary: Did I miss one?
Rountree: The signage. Signage on the street of address.
Nary: And there may be problems sometimes when you have off -premise signs, so that
maybe an issue you may have to address. But, again, if it's part of your ordinances you
can consider that that's a factor, those four things, I think that's what you said. If that's the
case, then, we can probably craft an ordinance around that.
Bird: That is -- that is the reasons, yes.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: And with those conditions and restrictions that would mean that the exceptions
do not apply to new building, which is -- that's consistent, so that any new -- particularly if
we are saying it has to have been that way for 20 years, we are giving it special
consideration. Any new building would have to comply with our current ordinance and I
agree with that.
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De Weerd: Okay. Any further discussion? So, the motion maker and the second agrees
with the summary that was stated?
Cavener: Yes.
De Weerd: Okay. Madam Clerk, will you call roll.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea.
De Weerd: All ayes. Motion carried. Thank you.
MOTION CARRIED: ALL AYES.
B. Public Hearing Continued from October 21, 2014: TEC 14-006
Jericho by Viper Investments, LLC Located West Side of N.
Jericho Road and South of Chinden Boulevard Request: One (1)
Year Time Extension on the Preliminary Plat in Order to Obtain
the City Engineer's Signature on a Final Plat
De Weerd: Item 7-B is continued public hearing from October 21st on TEC 14-006. 1 will
open this public hearing with staff comments.
Parsons: Thank you, Madam Mayor, Members of the Council. Next item on the agenda
is the Jericho time extension. The applicant is here this evening to discuss extending this
preliminary plat for a one year extension. In their narrative they explained that they have
numerous projects under development throughout the community and at this time they
need a little bit longer in order to get that project moving forward. They anticipate starting
that subdivision sometime early spring -- or late, early summer, so that's why we are only
requesting the one year time extension. As I mentioned to you in the staff report, this has
a longstanding history as far as time extensions go. This is the fourth request, three of
which have come before you and in that hearing outline that I have prepared for you this
evening I did give you a timeline of the chronological events that have occurred over the
previous time extension. So, I'm going to quickly run through those just to refresh your
memory and, then, we will go from there. So, back in 2009 the planning director did
approve -- or denied the time extension for this project based on the fact that the plat did
not comply with the ten percent open space as required under our current ordinance. The
applicant did appeal that denial to the Council and they did approve the subdivision to
develop with six percent open space predicated on the development having two amenities
and that was tied to the project. In 2010 we brought forth -- we had adopted some new
design standards for single family attached product and townhomes and so we required
some additional conditions that required CZC and design review approval for the
townhomes. Again, we requested a submitted -- revised landscape plan and two
amenities and also the applicant was required to mitigate all of the existing trees that had
died on the site and one of the recommended conditions that were tied to that time
extension was the requirement that each buildable lot have a tree added to it, so that we
make up for the trees that were lost with the down turn in the economy. Also at that
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hearing numerous neighbors came out and testified about flooding on the property, weed
control, and, then, also there was some arborvitaes along the south boundary that many
of the neighbors there was abatement or invasion of beetles on their property, so we
wanted to make sure those were removed. Council actually continued that time extension
and gave staff time to work with the developer and their adjacent property owners to sit
down at the table, come up with some conditions, and bring forth some recommended
changes or some recommended conditions. What came from that is the developer
actually came forth with a letter committing to removing the trees, the arborvitaes and
mitigating flood issues on the property and that consisted of installing a new weir box and
tiling all the existing irrigation ditches on the property and that -- all of that work has been
completed for the approved time extension. In 2004 -- or 2012, excuse me, the developer
came forth again. At that time staff did recommend additional conditions, one to comply
with the new surety -- warranty surety standards and also our new street lighting
standards. Again, at that hearing some of the neighbors did come out and complain about
the weed issue on the property. The developer committed to making sure there was still
regimented weed control on that and those conditions, again, were tied to that third time
extension in which you acted on. Staff has gone through all of the previous approvals for
this project, looked through all of those time extensions and we would comment that
adequate conditions are still in place in order to recommend approval of this project. Staff
did receive written testimony from the applicant and they are in agreement with the staff's
recommendation for approval. Late this after -- or yesterday afternoon and this afternoon
staff did receive some written testimony from adjacent property owners who have raised
some concerns for you to consider tonight as you deliberate on this time extension and
one of those members are in the audience. The first gentleman, his name was Carl
Patten and he's just concerned about the issues regarding infrastructure, more traffic on
the roadways, and, then, Kathy Peterson is also here to talk about some potential flooding
issues. As far as those two issues in dealing -- talking with those adjacent neighbors, staff
is not aware of any outstanding issues to bring forth to you and as I mentioned to you we
are recommending approval of the one year time extension. This concludes my
presentation. I will stand for any questions you may have.
De Weerd: Thank you, Bill. Any question from Council at this time?
Bird: I have none.
De Weerd: Okay. Would the applicant like to make comment? Well, you don't look like
Kent Brown.
McKay: Well, substitution.
De Weerd: Okay. Pinch hit.
McKay: Becky McKay with Engineering Solutions. 1029 North Rosario, Meridian.
De Weerd: Thank you.
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November 5, 2014
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McKay: Madam Mayor, Members of the Council, I'm representing Viper Investments on
this time extension. As Bill indicated, this is the fourth time extension on this particular
project. We have made progress on it since it was originally approved -- the plan approval
and final plat since 2008. We did go through and we updated our construction plans last
year, got them reapproved by all the applicable agencies and as Bill indicated there was
an issue with an overflowing irrigation box and water backing up in a ditch on our property,
which was causing some flooding into the Hightower lots and my client did hire a
contractor, we got approval from the Kerns Lateral and prior to the irrigation season of
2013 as promised we did go in, rework the box and pipe that facility. We are only asking
for one year, because it is the intent to begin construction in this spring of 2015. So, this
will be the end of the time extension. They are ready to build it. In fact, they were
intending on starting this fall and they just had too many projects under construction and
not enough project managers and construction managers to go. So, that was the cause of
the delay. We are in agreement with all of staff's conditions and, like I said, we just need
a little bit more time and we will build this out.
De Weerd: Council, any questions?
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: Becky, the preapplication notes makes reference to a neighborhood meeting to
be done before the application was filed. Do you know if that was done?
McKay: Yes, sir.
Borton: Okay. Did you do that or --
McKay: I did not. Mr. Brown handled the neighborhood meeting and I got -- I did receive
a summary of the neighborhood meeting and a list of the participants.
Borton: Okay. Can you share with us what the summary was?
McKay: I believe there was -- obviously, homes have been constructed that were not
there at the time that our project obviously came through and there were some concerns
about -- that this will add traffic. There were concerns about I believe densities and, then,
other issues were brought up about wanting to make sure or at least concerns that the
quality of the structures esthetically would not meet what the -- the elevations that are tied
to the project and so those were the primary concerns that were mentioned at that
neighborhood meeting. We -- as far as my client is concerned, we are still tied to those
elevations with the architectural features that are shown and in my discussions with him
he's indicated that that is the product that he's going to build or some -- something
substantially in conformance with it and Bill has added conditions that design review will
be applicable to any plans that are brought in.
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November 5, 2014
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Borton: Madam Mayor?
De Weerd: Uh-huh.
Rountree: Just a real quick follow up. Did you get some conclusions from -- maybe the
report from Kent that the concerns were alleviated through the meeting and the discussion
or were some or all of them left unresolved?
McKay: There was kind of a mix up, Councilman Borton. We have done -- we started the
project initially. I worked with the neighbors. In fact, we deferred it for months while we
worked to redesign to -- to show some transitioning from Jericho -- the single family on
Jericho and, then, we did all the design and the time extensions and the -- what is it -- I'm
trying to think of the name of the company. Trilogy. Trilogy Development is the project
construction manager and they decided that they would just put the -- do the time
extension internally and so they sub'd that to Kent and so when he attended the
neighborhood meeting he had no project history, was not aware of why -- you know, why
the design reflects the variety of housing typology that it does, the neighborhood center,
and so it was kind of a misstep on their part. Once the neighbors showed up and were,
you know -- and they were kind of caught flatfooted, they said would you, please -- you
know, we made a mistake, we shouldn't have tried to do this internally, will you, please,
take over, because you have all the knowledge and history on the project. So, a lot of the
people that signed -- you know, signed in I dealt with over multiple years with the irrigation
issues and so forth. Mr. Bolinski was one of those that I worked with.
Borton: Okay. Thank you.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Becky, are there any other elevations? Because you have got -- bring up the
plat, would you, Bill. On the east side you have extremely large lots.
McKay: Those are single family. The transitional detached single family. Yes, sir.
Rountree: Do you have anything in terms of visuals?
McKay: I believe the only -- the elevations that we submitted were for the attached
product and, then, the alley load detached. Boy, I -- it's been so many years. If Bill says
he doesn't have it, I'm not sure if I do.
Rountree: And, then, you have got single family lots on the south.
McKay: We have single family lots -- yes.
Rountree: On the west as well?
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McKay: The west is -- the west line -- yes, those are -- these are single family detached
and I believe these are supposed to be larger homes transitioning from the existing homes
that lie along the east side of Jericho.
De Weerd: The larger homes don't have the detail of the elevations.
McKay: They don't.
Parsons: Yeah. Madam Mayor, Members of the Council, the elevations that I'm
representing to you were the ones that I pulled out from the original application submittal
and these are what are actually tied to the plat process. There was not a development
agreement tied to this property when it annexed in, so the plat is really driving the design
and the elevations for this project.
Rountree: Would it be -- Madam Mayor. Would it be wise to get a development
agreement, beings we have done this maybe the fourth time?
Parsons: Madam Mayor, Members of the Council, we have done it with other time
extensions, but certainly it's within your purview to require that. But I guess I would defer
to Bill Nary, since we didn't get one with the annexation and the platting, can we require a
DA with the time extension?
Nary: Madam Mayor, Members of the Council, you can't require a DA. They could
consent to a DA, but you can only require it at annexation or a rezone. If you felt that was
important enough to grant the extension, then, that's up to the applicant on whether they
really want the extension.
De Weerd: Okay. Any other questions?
McKay: Madam Mayor, Councilman Rountree, I guess, you know, we could defer this
item this evening and I could go back to my client and have him provide me with
elevations of the single family dwellings with front -on housing that are intended along
Jericho and internally, submit those to the staff and, then, come back -- bring those back
to the Council --
Rountree: That would be my preference.
McKay: -- and make sure those are acceptable and, then, tie them to this time extension,
along with the existing two elevations. If that would make you feel more comfortable.
Rountree: Is the time on the time extension getting critical or do we have some --
McKay: No, sir.
Rountree: Okay.
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November 5, 2014
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McKay: No, sir. We just had to submit by a particular date, but as far as Council
approval, that doesn't matter.
Rountree: Okay.
McKay: So, it's not like we are under the gun.
De Weerd: Okay. If there is nothing further --
Rountree: That would be my preference to see what we are going to get, which is what
we get with all plats now, so -- do we need a motion or -- and maybe it's good to hear from
the folks, because they can take care of some of those issues as well.
De Weerd: I do have a number that have signed up. When I call your name -- and that's
only if I can read your printing and if I can't read your printing I might have to ask -- maybe
help with interpretation of your printing. So, Jackie Ball signed up against. If you would
like to provide testimony when I call your name you can come forward. If not you can just
nod that it has been entered into the record that you signed up against. So -- thank you
for joining us. If you will just state your name and address for the record.
Ball: Kathy Ball. 6108 North Saguaro Hills Avenue:
De Weerd: Okay. You want to pull that microphone -- thank you.
Ball: Is that better?
De Weerd: Yes.
Ball: Because we can't hear you very well back there either, so --
De Weerd: Okay. So, Council, if you will make sure you pull the mike to your -- as close
as possible. We don't want to hear you breathe, but -- thank you for coming tonight.
Rountree: It might be a good sign.
Ball: I did not plan to talk, I planned to come and support, but I have been there since
May of 2010 and I was involved in the flooding. The water did not come up on my
property, it came to it, and I'm off Saguaro Hills and it has been taken care of, granted.
But it -- 2009 is a long time and there are established homes and many, many people and
lots of cars and adding this many more homes in a small area with only two ways out on
Chinden and on Locust Grove, and it goes into another subdivision, we already have five
subdivisions using Saguaro Hills Avenue and I can't remember all the names, but they are
all Saguaro somethings -- or spring somethings. And to add that much more traffic would
be a tremendous impact and I really don't know what else to say, other than I just don't
think it's safe.
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November 5, 2014
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De Weerd: Thank you, Jackie. We appreciate you being here. Kelly Ward signed up
against. Thank you, Kelly. If you will, please, state your name and address for the record.
Ward: Kelly Ward. 1241 East Commander Street.
De Weerd: Thank you.
Ward: I live kitty corner from the development in the Reserve and so there is Hightower,
Saguaro Hills, Arcadia, and Reserve all centered -- and some free standing homes
centered around this plot. Based on the people that I have talked to -- I built my home a
year ago, not knowing what was going into that -- to that development. Probably shame
on me for not checking it out. But what I do know is that this plot plan -- excuse me. I'm
fighting a little cold. This plot plan was originally developed five, six, seven years ago and
we were told at the meeting -- the neighborhood meeting -- and just to set the record
straight, there wasn't one person at that neighborhood meeting that was in favor of
anything that was going on there. Everyone was against it, so -- but we were told at that
neighborhood meeting that the original plan had had a traffic study done and also had a
water study done and also that there would be a stop light installed at -- what's the name
of that street? Right by -- where it comes -- anyway, where Jericho winds around and
comes out onto Chinden. So, it's between Locust Grove and Meridian. Where that coffee
place -- there is a coffee place and a Citadel Storage -=
Rountree: Saguaro Hills.
Ward: Saguaro Hills. We were told that a stop light would also be installed there. If you
can imagine 60 new units going into this neighborhood with the only access out of it is to
Chinden, which if you have been on Chinden at 8:00 o'clock in the morning it's backed up
to Linder. Or out -- out through the Reserve, through Commander Street to Locust Grove.
If you wind clear up through Saguaro -- Saguaro Canyon you could get out to Meridian. It
would take you a while. So, it's our feeling that -- at least it's my feeling -- and I know
several of my neighbors -- that this development was planned way before the things that
have happened in Meridian happened and it needs to be redone, redeveloped, rethought,
to put 60 -- we are putting single family homes on 7,000 square foot lots when you got half
a million dollar homes on one acre lots right across the street. So, it's just -- it just seems,
you know, out of place first with the other homes and the other areas that are there, so --
thanks.
De Weerd: Thank you. Colleen Delgato? Signed up as neutral. Did I get that right? Oh,
see. Sorry. If you will, please, state our name and address for the record.
DeAngelis: My name is Colleen DeAngelis. I live at 6203 North Maximus Place in
Meridian.
De Weerd: Thank you.
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November 5, 2014
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DeAngelis: I'm new to the area. I'm just here three months now and I am -- actually,
where I'm located is just opposite the farm. Actually, I look at the barn every day as soon
as I go out my front door and I'm not too familiar with what's going on with the
development, this is the first that I'm hearing, okay? My concern -- immediate concern is
the barn, the garage also there, and a house that's abandoned. It also has access to
children and they are starting to squat in that barn creating their own little houses made
out of cardboard and I'm concerned -- I'm concerned that either they are going to get hurt,
start a fire -- my house is right there. I'm a little concerned. A lot concerned. So -- and
what I am hearing now as far as the development, that is also concerning me, too, that it
is going to be almost like a major little city there. I'm coming from New York City, I
understand about congestion, and, quite honestly, just living there three months now I
have learned to go out back ways from there, because you cannot get on Chinden. I
mean it's like torture to get on Chinden. I mean if you're going to make a left, forget about
it. You need to go around the merry-go-round. Either you come out on McMillan or you
come out on Locust Grove, but it's crazy. It's crazy. So, either they scale it down -- I don't
know as far as that area, but, like I said, I'm coming to you -- my main concern is we have
a hazard there right now and either it's -- there is going to end up a fire, a child is going to
get hurt -- we had that windy day -- a really windy day several weeks ago and it has one of
those sliding doors on the barn -- this thing was flying up into the air and I kept on saying,
dear God, please, don't let that come off and hit my house. I mean we are talking about a
major problem here and I really would appreciate either they just level that barn already
and as far as the house, if you have to just board it up good board it up, whatever you
have to do, because there is kids going in and out. I hear voices. I see -- and it's not a
good thing.
De Weerd: Well, I think we have a representative from our police department that can
make sure code enforcement looks at it and certainly we have representatives from our
building department that are listening with attentant ears, so thank you for your comments.
DeAngelis: Thank you.
De Weerd: Betty Eckenrode. Okay. Thank you. She was signed up against. Now, who
might have signed up after Betty? If you would like to provide testimony? Well, good. I'm
really anxious to hear what your name is.
Marsh: It's signed on there. It's John Marsh.
De Weerd: John Marsh?
Marsh: M -a -r -s -h.
De Weerd: Thank you so much.
Marsh: I'm at 1264 East Commander Street and we had our house built there in July and
moved in. I found out a few facts that I didn't know prior to this meeting. There was a
meeting held by I think Ken Brown, a little neighborhood meeting, talking about the
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November 5, 2014
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Jericho Subdivision and he, basically, stated that all of the elevations would match exactly
the homes existing across from Jericho, which are fairly expensive home. Those are one
acre lots. There is probably five or six homes in that area. Now, we come to find out
tonight that that original development plan and those elevations are from 2009 and that's
actually not the case. So, that's one of my concerns that the existing properties there are
not going to match what's currently proposed for that area. Up until about a year or so
ago -- as you can see here Commander Street didn't connect onto Jericho and right now
we have a lot of traffic problems on Commander Street, because everybody from the
Hightower, the Arcadia, Saguaro Hills, Saguaro Springs, is going to go down Commander
Street to get onto Locust Grove to go to the light there at Locust Grove and Chinden and
to reiterate what everybody has said, the limited access out there is really causing a
problem, because if you try to go to Chinden there on Saguaro Hills Place, if you get out
there 7:30 in the morning until 9:00 o'clock in the morning or if you're out there around
4:00 to 6:00, it's a nightmare. It's a traffic hazard and there is going to be a serious
accident there, because everybody that's tried to make a left turn is trying to negotiate the
traffic coming from the east and the west side and, then, the people, obviously, coming
out from the other side -- the north side of Castlebury also creates a problem. Since this
plat was originally proposed I guess back in 2009, there are a number of more homes that
have been built in the Reserve area, in the Hightower, in the Arcadia, in the Saguaro
Springs, and the Saguaro Canyon area and we found out that the majority of the homes in
here were R-15 zoning, which is high density -- medium high density. So, I -- I can't
imagine what that's going to do to the amount of traffic that it's going to Out on those two
streets if we add another 65 homes in that one area of eight acres there. So, those are
my major concerns. That it needs to be looked at. I'm not in favor of granting the
extension. It's my understanding if the extension is not granted the developer has to go
back, resubmit all of its plans and bring them all up to date and I think it's the consensus
of the neighborhood and at least my neighbors that I have talked to, that that needs to be
the minimum that needs to be done, because this plan is five or six years old and there
has been substantial -- substantial changes in that area. So, I'm definitely not in favor of
the extension. So, thank you for your time.
De Weerd: Thank you, John. Council, any questions?
Rountree: I have none.
De Weerd: Thank you. Greg Young. Okay. Signed up against. Is there anyone else in
-- that would like to provide testimony? Come on forward. Thank you. If you will, please,
state your name and address for the record.
Peterson: My name is Kathy Peterson. I'm with Peterson Investments, LLC. I live in the
subdivision of Saguaro Canyon, which is next to the Hightower and I owned a home in
Hightower as an investment property.
De Weerd: Thank you, Kathy.
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November 5, 2014
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Bird: Yes. I'm here today to ask for some assistance for some water testing of the ground
in Hightower and of the adjacent area, which is now going to be Jericho. I am concerned
because my investment property had flooding problems in the backyard. The flooding
was actually existing before I purchased in July of 2013 and it was just not disclosed by
the builder or by the realtor and I felt a real urgency after I got my tenants in there to make
sure that after I had that one year warranty to make sure that I got this situation remedied.
I did strive to do all I could to make that happen. I was delayed greatly. My tenants
moved out in March of this year, because he lost his job, so the couple left. Before they
left, though, they were very concerned, because they had had little grandbabies, like two
and three year olds out there and that standing water was a hazard. It was also scary for
them. I didn't want any accidents or more mosquito problem. I did have through the
builder -- one drain was placed in, it was one foot deep. I thought that was going to solve
my problems. I was hopeful. But it was not solving the problem. Again, I had the HOA in
the subdivision assist me, along with a realtor who was a board member, and at the time I
thought, okay, I have through July of this year to remedy this through my warranty. I'm
hoping that all goes well and I was once again -- they put in a three foot drain. They
ended up paying for that one as well, but it just wasn't sufficient, Madam Mayor. What it
was is -- it was like putting a Band-aid on a gushing wound. It just didn't hold it. And it
wasn't solving the problem. I requested for some assistance. I went through the HOA,
because I feel -- and other people that are residents that I have been in contact with and I
do have written statements -- and many will give testimony if need be -- that there is
overwatering in my opinion and others -- that the HOA overdoes the watering, which adds
to and basically makes this problem even worse. The grading is off in so many of the
homes that the builder -- and he is also the developer, the grade has not been conducive
to helping us to make sure that the water problem was taken care of. When I purchased
the home, like I said, it was never disclosed to me and yet here I have a realtor in the
subdivision that is on the board and he sold me this house and I trusted him and his
company, basically, his real estate company and I feel cheated, in my opinion, I feel like a
victim of fraud. I had to -- because the -- because the remedy wasn't taken care of, I had
to pay for my own drain and they had to go this time eight feet deep and have side drains.
I had to go down on the reducing of my house price, because I put it on the market in May
and the market was up. I had some comparables, but my realtor -- if I may show you this
top picture here. This is my realtor's foot, okay? And so what we have here is on a daily
basis this water will appear, whether it is water, you know, like your regular watering cycle
or not, it would show up and, then, it takes a few hours to dissipate and go down.
De Weerd: That was in your backyard?
Peterson: Yes. It's in the backyard. All along the fence. And, like I said, when I toured
the house to purchase, unfortunately I mean for me -- because it was never given to me in
written or verbal statement, I never visually saw this. And so I feel like I was conned. I
really do. And the bottom one is the day that I had one lawn -- I had Diamond Lawns, I
had them come forth and I paid them 2,400 to do a French drain and when they were
digging -- and I was watching and taking these pictures -- these are some more pictures, if
I may. This is the day that they are doing the work. It took two days to finish, by the way.
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November 5, 2014
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And I had -- I had to -- like I said, watch them suck the water out and it is -- the water was
turned off for a couple of days and my neighbors weren't watering.
De Weerd: Mrs. Peterson, can you summarize.
Peterson: Yes. Yes.
De Weerd: We do have your written testimony as well.
Peterson: Okay. Thank you. Thank you. My summary is this: I not only am a
dissatisfied person that had losses due to this water issue that I feel is a combination
problem, but I would like to request you council members as well, Madam Mayor, please,
ask for some -- some testing of the groundwater. Please look at those pipes for broken
pipes or leaks. I have people's testimony and their pictures as well as if you need to see
them, where I took photographs of their problem. Some have spent 3,400 on drains.
Some of it had gotten into their crawl spaces. Some of them are elderly people, which my
heart goes out to them even more so, because I feel that they are even on a fixed income
and many of them -- this has taken money and time out of their pockets. I have even
gone yesterday --
De Weerd: Mrs. Peterson?
Peterson: Yes.
De Weerd: I'm sorry to cut you off, but I will have someone from our building department
follow up with you.
Peterson: I would appreciate for the sake of others and for my -- I did sell the house, but I
just feel awful for what I have gone through.
De Weerd: Thank you. We appreciate that and we will need to -- if we could have your
display, so we can use --
Peterson: Yes, you may. I will leave it. And if you need further statements I have them.
Or further pictures.
De Weerd: Okay. Thank you so much. Additional testimony? Okay. Council, you have
heard the testimony from the public who have joined us this evening. You have heard
from the representative from the -- the applicant. We are looking for your direction. Mr.
Cavener. I just want to know if you have any questions or comments and, then, I will ask
Becky up to wrap it up and --
McKay: I will be very quick. Just wanted to address some of the statements that were
made. As far as the traffic in this area, I mean ACHD and the city -- it was their intent to
close Jericho Street and distribute traffic in different directions from this section out to the
arterials. As far as density, this is designated as a mixed use neighborhood center. The
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November 5, 2014
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-- it says minimum number of lots -- minimum number of units per acre is eight. We
struggled -- we ended up at 7.14. We couldn't even meet the minimum. The staff thought
that was acceptable, because our net was over eight. That traffic as far as the way they
have designed the section, that's -- it distributes through these different neighbors and
eventually we are going to see improvement out on Chinden Boulevard according to ITD.
They are also trying to obviously establish some of the signals to allow easier left-hand
turns and create some gaps in the traffic, so they can get out to the state highway system.
This project took months and months of negotiations, working -- as far as the guidelines
that are applicable to the development of this property, nothing has changed. It still
requires a minimum of eight dwelling units per acre, a variety of different housing types,
front load, alley load, MEW lots, attached, detached, everything that we did. And we
worked with the neighbors that were there on the acre lots. For three months we had
roundtable discussions and with your staff and everybody was satisfied and they were
supportive of the development. So, really from the time this was approved to today
nothing has changed as far as what is expected for development on this particular
property as far as your Comprehensive Plan land use map. So, even though this is an old
-- you know, this is years old, it's still applicable to today. As far as the barn, garage, and
home, it needs to be demoed. It is an attractive nuisance. That's why the client is moving
forward. They have looked it up multiple times. You know kids, they like to build tree
houses, having little areas where they can do whatever. So, obviously, with development
of this property we will eliminate all of those existing structures. The water problem -- we
monitored the water out here for over a year and the high seasonal groundwater is at 13
feet. In talking with your staff about the concerns or problem associated with Mrs.
Peterson's property, it's not related to my client. My client wasn't the builder. My client
wasn't the developer and your staff indicates to me that it is a drainage issue where lots
are sloping to a particular area and, then, the water is congregating on her property and,
then, over -irrigation of the turf by the HOA is accentuating that problem and you're getting
-- it's a nuisance problem that there is a couple of factors, it's not a groundwater problem.
And I will assure you that as far as when we -- when we develop this we have to keep our
drainage -- lot drainage on site, we will not be draining or creating any additional problems
for the adjoining properties. Thank you.
De Weerd: Council, any questions for Becky?
Bird: I have none.
De Weerd: I guess, staff, I would have a question. I know during the downturn we saw a
number of extensions and there -- the Council was sympathetic to it, because of the
economy. How many times -- how many applications have we extended their time four
times?
Parsons: Madam Mayor, Members of the Council, I can only recall a couple from my
experience. One was Ambercreek and the other one is Jericho that's before you this
evening. The majority of them either expired or the applicants have come forward and
moved forward on their phases. A majority of those time extensions expired in 2008,
2009. Not only for the reason of the economy, but also I believe the planning director at
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November 5, 2014
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the time came forward and asked you -- required -- imposing more open space consistent
with our ordinance and a lot of the developers didn't like the requirement and they had
their approvals with five percent or six percent -- six percent open space like this project
did and they weren't willing to give up that additional open space or even come forward to
Council on that and that's why staff did recommend denial of this the first time it came
forward, because they didn't want to comply with the directive that we received from you.
But that was vetted through the public hearing process. I think Mrs. McKay hit on some
very key points to you. If this expires we are going to be looking for something similar to
come back before you just based on the way we have it designated in our Comprehensive
Plan. We are looking for density -- typically with our neighborhood centers we do have
commercial at the core and, then, as you transition away from that commercial we are
anticipating higher density following into that lower density. In looking at the public record
for this property, Mrs. McKay is absolutely correct. Those neighbors that lived on the one
acre lots did want that transitional zoning and that's why they worked with the neighbors to
come forth with that R-4 zoning on that west side of Jericho and that's why you see the
split zoning of the R-4 zone, going into the R-15 zone and also staff did push for the mix of
the townhomes and the single family homes moving forward. As Mrs. McKay indicated,
with that designation in the Comprehensive Plan we do want a density ration of eight
acres -- or eight units to the acre and she's absolutely correct, we have worked with them,
they worked with the neighbors and what came about was the plan that's still alive today
based on what you approved in 2006.
De Weerd: I guess there is a reason, though, for the -- the expiration based on -- there is
a lot that happens around there and most of the people that participated in the public
process or the extension each time probably don't live there any longer and therein lies
some of the reasons for those time extension -- or time restrictions on the plat. Council,
any discussions, questions for the applicant? Any of the residents that testified or
discussion items?
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: I'm just curious when the most recent ACHD report was done.
Parsons: Madam Mayor, Members of the Council, ACHD does not act on time extension
applications, so at the time that this came forward would be annexation and the
preliminary plat approval. So, you're looking at 2006, 2007 is when they provided
comments:
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: To Council Woman Milam's question, one of the conditions -- I think it was --
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November 5, 2014
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De Weerd: Can you pull your --
Borton: One of the conditions of approval there in the staff report under the ACHD
conditions usually requires them to sign off and consent to any changes of those
conditions within the staff report. So, if the change of the date to which plats are due, the
change that might trigger ACHD's review, because really what we are getting at is -- when
we get to four or five years down the road it might be worthy of a second look to receive
comment. Is that ever done?
Parsons: Madam Mayor, Members of the Council, not to my knowledge. But as Mrs.
McKay stated, construction drawings are -- do have an expiration date on them and I
know for the city it's one year. So, she came through a year ago, got those construction
documents approved, ready to go to construction. The same thing applies to ACHD.
They have to go and get those construction documents approved. In this particular case
the road network isn't changing, so I don't see where there is a substantial change to
where they would have any comments on -- on keeping it alive. I don't believe they have
an expiration date on preliminary plats, but I imagine they do on construction documents,
just like we would.
Borton: Okay. Thank you.
De Weerd: Okay. Anything further from Council?
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: We don't necessarily need to close the public hearing. I am not and have not
been a fan of time extensions, although I appreciate the applicant's presentation of the
specific basis for this request. But I think Councilman Rountree brings up several good
points, one of which for me I'd like to see is the elevations on those other lots and to the
extent that the applicant's comfortable with a brief delay to allow them the opportunity to
do that, I'm comfortable with that. It doesn't seem like a prejudice is there, development,
and might give us some time to consider this further.
De Weerd: And give our staff time to go out and look at our attractive nuisance as well
and see what mitigation can be done between now and then.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we continue public hearing TEC 14-006 to November 18th, 2014.
Cavener: Second.
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November 5, 2014
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De Weerd: I have a motion and a second to continue this. Any --
Bird: Madam Mayor?
De Weerd: Yes.
Bird: The continuation is so that we can get elevations back on -- on the desired locations
what we asked for.
De Weerd: It's been moved and seconded to continue this. All those in favor say aye. All
ayes. Motion carried.
MOTION CARRIED: ALL AYES.
De Weerd: I would ask -- and I know -- I seem to recall the last time we had a public
hearing we learned from the neighbors about other negligence on this piece of property
and I know the applicant's representative was very surprised by the comments that they
heard. We are surprised again. And so, if you can, please, work, Becky, with code
enforcement and our building department to secure that -- any structures and make that
safe, because attractive nuisances do attract the curious and the adventurous and we
need it to be safe. So -- between now and then we would like assurance that it's been
taken care of. So, thank you.
C. Public Hearing: AZ 14-011 Jump Creek by Northside
Management Located Northwest Corner of N. Black Cat Road
and W. McMillan Road Request: Annexation of Approximately
86.06 Acres from RUT in Ada County to the R-8 (Medium Density
Residential) (64.63 Acres) and R-15 (Medium High -Density
Residential) (21.43 Acres) Zoning Districts
D. Public Hearing: PP 14-013 Jump Creek Located Northwest
Corner of N. Black Cat Road and W. McMillan Request:
Preliminary Plat Approval Consisting of 318 Single Family
Residential Lots, 2 Multi -Family Lots and 42 Common Lots on
Approximately 85.9 Acres in the Proposed R-8 and R-15 Zoning
Districts
De Weerd: Okay. Item 7 -- or 8-C and D are public hearing on AZ 14-011 and public
hearing on PP 14-013. 1 will open these two public hearings with staff comments:
Parsons: Thank you, Madam Mayor, Members of the Council. Next item on the agenda
is the Jump Creek project. The site consists of 86 acres of land currently zoned RUT in
Ada County and is located on the northwest corner of West McMillan Road and North
Black Cat Road. The property is surrounded by The Oaks development -- Oaks North
development, which is located on the north and the west boundary, zoned R-15, R-4 and
R-8. Across -- on the east side we have Black Cat and, then, two large developments
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November 5, 2014
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known as Bainbridge development and Volterra development, which are zoned R-8 and
R-4 in the city and, then, along the south boundary is West McMillan Road and the Oak
Creek Subdivision, which was platted in 2008, 2009 and it's currently zoned R-8 in the city
as well. The Comprehensive Plan for this property is designated medium density
residential, which we anticipate densities between three to eight dwelling units to the acre.
The applicant is here tonight to discuss annexing this property with a mix of zoning
designations and on the proposed preliminary plat I have highlighted the zoning
designations and blue here would represent the R-15 district boundaries and the
remainder portion of the property would be R-8 consistent with the surrounding
developments. Also what I have tried to -- the application is also proposing a mix of
housing products, traditional single family homes, and, then, we have some MEW lot or
alley loaded homes here and, then, in the northeast corner of the development and the
southeast corner of the development the applicant has also conceptually drawn in some
multi -family development, which will come before the Planning and Zoning Commission
through the conditional use process. The single family lots entail 1,388 -- 1,318 single
family lots, two multi -family lots and the plat has 42 common lots. Here is the -- kind of an
overall view of the development showing you how the interconnected pathways and the
open space will blend together. As I mentioned to you, again, 86 acres. Here is the
proposed street network. The applicant is proposing three connections to Black Cat
Road. The central access has been approved by ACHD as an interim access point until
such time as the collector network is constructed to this intersection -- the first
intersection. Another access point is also proposed along Daphne, which is consistent
with the roadway across the other side of Black Cat Road. When The Oaks Subdivision
to the west along this boundary came in there were three stub streets that were stubbed
to this property. The application is proposing to tie into that street network along the west
boundary and also the north boundary consistent with that approved preliminary plat.
And, again, this would be the collector roadway, which is anticipated by ACHD as
indicated on the master street map. So, this does align with the street network approved
with the Volterra Subdivision to the east and also ties in with the subdivision -- the
subdivision to the west. Open space for this development does consist of approximately
13.59 acres or 15 percent open space. The applicant is proposing open space as far as
two large passive open space lots that transition from the north and move down to the
east. The amenity package includes three tot lots, one to the north, one central to the
development and one located on the south. Again, with an integrated pathway system
that extends from the Oaks North development on the north and on the west and
transverses northward through the south -- to the south and ultimately connects to not
only the required entrances on McMillan Road, but also Black Cat Road. When the Oaks
North development came in they were required to provide a ten foot multi -use pathway
along the south boundary of the collector road. The exhibit before you this evening does
include the ten foot pathway that ties into their pathway network and ultimately ties into
the Volterra Subdivision to the east, which will also provide connectivity to the future
school site planned between both the Volterra Subdivision and the Bainbridge
Subdivision. The applicant has provided a plethora of elevations as I mentioned to you.
Here is a perspective view of the traditional single family lots. Again, that would be more
north and central to the development. Here is a collogue of elevations that they are
proposing for the development. Again, you can see there is a mix of materials proposed
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November 5, 2014
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for this development. Staff has a DA provision that requires compliance with the DA and I
will go through these very quickly, because there is quite a few -- quite an abundance of
elevations proposed for this development. Here is a perspective from the alley loaded
product that would be fronting on those MEW lots on the southern portion of the
development. The applicant wants to make sure to convey to you that these houses will
have a mix of elevations -- or building materials on them, so they are not all sterile and
stagnant to build that sense of a neighborhood. Again, here is a collogue of what they are
proposing that would face the MEW or the alley loaded product. And, again, there is
sample elevations here and if there is something here that the Council does not want
entered into the development agreement, staff asks that you convey that to me in your
motion. And because of the amount of property involved and the annexation and scale
and scope of this project, we are recommending a development agreement with the
annexation of the property. I would also mention to Council that ACHD's commission has
approved the staff report and so the street network that's presented to you this evening is
consistent with policies and the appropriate conditions are in place to construct that
roadway network. So, here are staffs recommended DA provisions for you to consider
tonight. Typically what we have been doing for the Council is requiring that any homes
that front on the collector road or an arterial street provide a mix of material and
modulation and articulation in fagade and so that standard condition is reflected in the DA,
which would be along that collector street and, of course, Black Cat and McMillan Road
moving forward. Staff has placed a condition on this project that they develop the site with
15 percent open space, which is above what the code requires and, again, that is what the
applicant is proposing this evening. There is 12.89 acres of open space, to include the tot
lots, the interconnected pathways, the ten foot multi -use pathway and the five percent
additional open space. Because of the timing and the nature of this development and the
site and scope, staff wanted to make sure that there was some active -- or some passive
open space and appropriate amenities in place as they move through the phasing on this
project, so what we have tried to do is tie some amenities and some open space with
certain phases. So, one tot lot and the passive open space would be built with -- and this
would be the central tot lot that I had mentioned earlier would be with the second phase
and, then, with the fourth phase it would be the other tot lot on the southern portion of the
development. Also as we have heard from Council on a regular basis, as I mentioned
previously in my presentation, there is an elementary school planned for the Volterra
Subdivision across Black Cat and so we want to make sure that we get adequate pathway
network or sidewalks in place to get to that future school site. So, this was -- with this
development -- and as it was vetted out at the Planning and Zoning Commission, staff did
require that the entire -- the sidewalk be extended from the north side of Daphne Street all
the way up to the collector -- collector network -- collector street at the intersection and,
then, ultimately, cross over into the collector street with the Volterra Subdivision. During
the Planning and Zoning Commission hearing the Commission modified staff's condition
and required a portion of permanent sidewalk, but, then, the other portion of the sidewalk
was allowed to be an extruded curb and, basically, an interim sidewalk on the west side of
Black Cat Road and I will go back to that exhibit and explain this provision a little bit
further, but I just want to get to these provisions first. As I mentioned to you, there is
nothing planned for the multi -family development at this time, only zoning is proposed.
There were no elevations proposed with that -- with those two particular lots as well and
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November 5, 2014
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so any -- any future development would have to go through that conditional use process
and because we are unsure of that density and we want to have that multi -family included
as part of this development, we are recommending that a minimum ten feet be established
on those two lots. So, we are recommending that a minimum of eight be constructed and
a maximum of 15 moving forward. And, then, of course, as ordinances change we want
to make sure that those final plats comply with our current ordinances and the last
provision goes back to that central access point that ACHD approved. Again, staff wasn't
keen on having those three access points to Black Cat Road, although what we tried to do
is work with ACHD to come up with a solution that we could all agree with. And so staff's
recommendation -- even though there is going to be that central access point, we want to
make sure once that collector road is built that that access is bollard off and, essentially,
becomes a 25 foot wide pedestrian access in an emergency access and that would,
essentially, happen with the approval of the first phase or the final plat or 123rd residential
lot. So, if I can step back here really quickly and try to explain these real briefly for you
and get onto what P&Z acted on for you. So, currently you can see my exhibit here, I
have the pathway network or the five foot detached sidewalk along Black Cat identified in
yellow here and that's, basically, the phase one boundary. That would be the permanent
sidewalk constructed with the phase one. What P&Z recommended for you was that this
brown segment that I have highlighted here, that would, essentially, be an extruded curb
and a five foot interim sidewalk along the shoulder of Black Cat Road until phase two
came online and written testimony that I received from the applicant, he was asking that
Council actually strike that provision and just request that this segment of sidewalk be
constructed with the second phase of development consistent with their phrasing plan.
So, this -- the applicant is proposing six phases for this development. Primary phasing
would, again, start at this Daphne intersection, the south -- south half of the project and,
then, transition up in primarily this first east quadrant of the development and this would
be the main access off the development until the collector street is built. So, the Planning
and Zoning Commission did recommend approval at their P&Z hearing on September 4th.
Mr. Noriyuki did testify in favor of the application. One of the adjacent neighbors across
the way in the Black Cat Estates Subdivision, Max Steinbrett -- Steinbaugh testified on the
application and staff did receive written testimony from Noriyuki in agreement with the
staff report with the following modifications, that we would construct the entire collector
road with the first phase and the sidewalk provision was also modified by P&Z. So, key
item of discussion by the Commission at that time was, again, the timing and the
construction of the sidewalk along Black Cat and between West Malta Drive and West
Daphne Street. Timing for the construction of the collector road network -- Mr. Noriyuki
also explained to the Commission his reasoning for his phasing plan and, then, Council --
or, excuse me, the Commission was concerned on how we were quantifying or verifying
home elevations and these subdivisions came online and that was explained to them as
well. So, the two modification changes at the Planning and Zoning Commission hearing
again was DA provision number F and condition of approval 1.1 D, which allowed a portion
of the sidewalk to be constructed with phase one and an interim sidewalk to be built with --
with phase one and, then, also, again, a portion of Malta Drive, the collector roadway, was
also conditioned that it would happen -- only a portion of it would stop until the entire road
network. Again, Mr. Noriyuki did submit written testimony and he is asking you to modify
the requirement allowing the interim sidewalk along Black Cat and request that you extend
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that or allow that to happen with the second phase rather than the first phase. To staff's
knowledge there aren't any other outstanding issues for you this evening. This concludes
my presentation and I would stand for any questions you have.
De Weerd: Thank you, Bill. Council, any questions?
Bird: I have none.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: Thank you. On the subject of not having the sidewalk be continuous, I --
somewhere in the past my memory tells me that we used to have a requirement that
perimeter landscaping and sidewalks and stuff had to be completed with phase one. Is
that just for commercial properties or is that -- or am I not remembering that correctly?
I thought the whole complete perimeter had to be done regardless of how many phases
or --
Parsons: Madam Mayor, Members of the Council, Councilman Zaremba, it's -- you have
done it in the past with residential developments, but I think you're correct, it's primarily
commercial developments where we get that if the landscape buffer is done in the
easement. In this particular case there is six phases, staff felt it was more appropriate to
get the pedestrian connectivity established and let the landscaping happen and based on
the phasing plan and that's why we have recommended that, but there is nothing in the
ordinance that requires all of that to go in with the first phase.
Zaremba: Okay.
De Weerd: Any other questions at this pint? Okay. Would the applicant like to make
comment? You're good to turn that a little bit so the -- those in the audience can see that,
too. Because we also have it in front of us here.
Noriyuki: Madam Mayor, Council, Scott Noriyuki, Northside Management, 6810 Fairhill
Drive, Boise, Idaho.
De Weerd: Thank you.
Noriyuki: Thank you. First of all, I want to thank staff. This is a big project, there were a
lot of contemplations. We spent a lot of time looking at code, the comp plan and what we
felt the market would bear and ultimately this is what we have come up with. I think we
have achieved not only code conformance and comp plan, but we are putting in some
pretty amazing amenities here as far as pedestrian connectivity, open space spread out. I
realize this is a large map that you're looking at right now, but these open spaces are
significant. We have got over 13 acres of grassland and within my design or our team
design we tried to compartmentalize as much as we could to create open playing fields
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where peewee soccer or football or baseball could transpire or people could just generally
run around, instead of having little strips of landscaping that's pretty, but very expensive
and not usable. With that said I have had a handful of neighborhood meetings. I have
also met with or discussed with the adjacent developers -- developer's representative
Becky McKay to insure that we have adjusted our design to meet all of their stub streets,
as well as their pathways. So, we are, if you will, mathematically accurate and everything
is connected. We agree with one percent of the City of Meridian staff report, conditions of
approval, as well as the ACHD revised staff report, aside from -- and I will get to that in a
minute. I'm not sure what that sound is.
De Weerd: Me neither. I wish I could turn it off. I just don't know how.
Noriyuki: That said, a couple of different clarifications -- and I think Bill misspoke during
his presentation -- that during the first phase we will not be constructing any portion of the
collector, West Malta Drive. No disrespect, though. I just need to clarify we will build a
portion of West Malta Drive following the 123rd lot. We will build it to the first intersection
and that clarification is critical from a phasing and a fiscally responsible standpoint of how
we need to progress with this project. At the point we do build that portion we will close
down our -- this middle access point, if you will, and that's consistent with ACHD's staff
report and we are going to be required through our final plat application. So, I feel very
comfortable, but I just want to make sure you understand the dynamics of that. The one
item that 1 want to discuss briefly is this sidewalk from our proposed phase one. The
requirements put in a temporary sidewalk or pathway up to this projected collector. I'm
struggling with it at this point, because I realize the Volterra project is approved. It has
been approved for a lot of years and there is not a whole lot going on there. That road is
not paved. It is a right of way. I'm curious to know the actual timeline for completion of
the school that's proposed and, in essence, I view it as a hardship condition. I'm happy to
do it on a phase by phase basis, but requiring me to do this has a couple of ripple effects.
The number one is effectively we are creating a pathway or a sidewalk to nowhere.
Number two, it's going to preclude us from properly irrigating the remainder of the property
and I think it's pretty and responsible as we develop, but up until the point we develop we
should keep the property under irrigation and ag. We should have the highest and best
use for that land at that point and it's important. We have got significant trees and farm
ground out there and by putting in a pathway like this it's going to upset our irrigation and,
then, number three -- you know, I'm a little concerned about safety. Essentially we have
got a pathway or sidewalk that's being proposed in ACHD right of way, which ACHD, first
of all, has to approve and they have not approved this concept, if you will, of extruded
curb added at the far end, then, adding on and we are going to have, theoretically,
children or people walking between a significant irrigation structure Black Cat Road, that
at this point still has a high speed limit. And to where? They are not going anywhere. I
appreciate if there was an absolute connection or something. I could see justification.
With that said, we are very proud of the project. I think I lost my mike, but thank you. And
I will stand for any questions.
De Weerd: Council, any questions at this point?
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Bird: I have none.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: There was a public comment that I didn't catch how it was resolved at Planning
and Zoning. It was in the e-mail from Becky McKay concerning some of the components
of this development and one of the questions and concerns she raised was the multi-
family component at the southeast corner looks like an afterthought. A lack of cohesion
with the overall plan. Minor design changes would allow for better integration into that
project. Did that get addressed?
Noriyuki: Yeah. Absolutely. And if you go in the minutes you will see my -- my retort or
my comment. This particular area is the hard corner of Black Cat and McMillan. This is a
significant intersection for the future of the City of Meridian and if you look at standard
planning design concepts and transitioning from different densities, it goes without saying
that multi -family very -- very high density in this area is what you want and this is what you
do is you put high density on these corners. We very seriously contemplated the
placement of our multi -family. You will note that I have got multi -family indicated in two
areas. Those are at major intersections. The future -- that would be the northeast corner
where the collector is going to be at the half mile mark, that's going to be a significant
intersection in ten, 15 years for the City of Meridian and Black Cat and McMillan, it goes
without question, within five years that's going to be a significant intersection. Hence, the
conditions of approval by the City of Meridian and most importantly, ACHD within The
Oaks approvals and Jump Creek approvals, there is a lot of off-site requirements. They
anticipate this to be a serious, serious intersection and with that said that's the appropriate
place to either have neighborhood commercial or high density. That's my reasoning for
placing it there.
Borton: Madam Mayor? Were there any specifics with regards to how that might be
developed?
Noriyuki: Absolutely not. Mind you this is a multi -phased project and I would say The
Oaks project and Jump Creek are genuine trailblazers for this portion of Meridian. So, we
need to -- we need to get a couple of years into this to ultimately decide what that multi-
family is going to look like. It's going to be a market bearing item, as well as the adjacent
parcels, what ultimately transpires with those as far as developer aspirations. That's why I
have got it zoned at the R-15 and, then, of course at that point, as staff has stated, we will
have to come forward with a master site plan and/or conditional use applications. So, that
will be another public hearing, neighborhood outreach and oversight.
Borton: Okay. Thank you.
Noriyuki: You're welcome.
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De Weerd: I guess my question would be to staff. We have learned a lot over the years
about these multi -family pads that are in mixed developments and kind of like the Jericho
application before, they are forgotten. Do we in our -- in our ordinance require posting?
Do we have requirements on having this in a master plan that's shown in their marketing
materials? How do we make sure that people know if Council approves this moving
forward, that at some future stage this is going to be apartments and those people are
going to live in their backyards? I mean we get this every time.
Parsons: And, Madam Mayor, Members of the Council, typically we have done that under
the DA provisions. In this particular case we do not have that provision, but we can
certainly make sure that -- we could add that as a DA provision that -- that that be
included in marketing information just like we did on Coleman in The Oaks development,
we had the same requirements. So, if it's Council's and Mayor's direction to do that, we
can certainly add that language to the development agreement.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Not only that, I'd like to see signage on those lots that's permanent to the point
of development on each street facing and/or block facing side of the -- of the site, so there
is no question what's going to Also add to it that the pavement; it's -- they are going to be
graded and maintained, so if they do become weed patches at least they can get mowed,
as opposed to being sites where additional overburden is stockpiled, as we have in
several places in our community.
Noriyuki: Agree.
De Weerd: Any other questions for the applicant? And I apologize, that was a question to
-- directed to staff.
Noriyuki: That's fine. But I can answer as well
De Weerd: Okay.
Noriyuki: Thank you.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: Back to the center access point off of Black Cat.
Noriyuki: Yes, sir.
Borton: That will eventually be abandoned and bollard?
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Noriyuki: Yes.
Borton: Was there any design of what that is to look like?
Noriyuki: Yes. Absolutely. We got it planned for a conversion to a common lot that's
approved through the ACHD staff report and the City of Meridian. At such point we build
the portion of the collection that provides us that -- once again replacement secondary
access point. Then we will shut that down, we will rip out the asphalt. We would plant it
with sod, have plantings, and, then, put in a pathway and it becomes a common lot for the
HOA and a pedestrian connection to Black Cat.
Rountree: Okay.
De Weerd: Anything further for the applicant at this point?
Bird: I have none.
De Weerd: Okay.
Noriyuki: Thank you.
De Weerd: Thank you. I have two people on the sign-up sheet. Max Steinbaugh signed
up as neutral. Would you like to provide testimony? If you will, please, come forward.
Thank you for joining us. If you will, please, state your name for the record and as well as
your address.
Steinbaugh: My name is Max Steinbaugh. My address is 4924 North Black Cat Road, Lot
1, Block 1.
De Weerd: Thank you.
Steinbaugh: The reason I signed up for neutral is it seems apparent that this is coming
with or without our excitement. The heartburn issue is in the southwest corner. The issue
that has been addressed earlier. Putting multiple family and/or townhouses, possibly
duplexes, could be four-plexes. We don't have any idea yet as to what the developer
plans. My issue is I have property right across the street. We have transitional areas.
There are formats on how that is to be done. We are five acre, single family properties,
and to transition from that to multiple families and/or townhouses; duplex, whatever, does
not seem to be a wise use to the advantage of our properties and especially to put it out
on the corner. We have alluded to the fact that's going to be an extremely busy corner. It
doesn't seem like wise planning to stick that many -- and usually those homes are for
people with -- that have younger children. That's probably not a wise use of that corner.
Certainly is not a good transition plan. As far as the homes go, the reason I signed up is
for neutral -- it's not an issue with the homes, it is just an issue with that many homes that
close to that busy corner with no access to McMillan and now we are going to put the exit
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or entrance to a part of the subdivision off of Daphne, which is the road put in to service
our subdivision, very narrow, not even quite passable for two vehicles. So, we have some
issues out there as far as where they want to dump off their entrance -exit point. That road
-- and we are also county, not city, so there is some issues there as far as city versus
county. We did receive a couple of years ago sewer down the middle of Black Cat, but
there is nothing down McMillan, so we do have some issues concerning their plan as far
as that goes. Also there -- I don't believe there has been a comprehensive traffic study
done and that's another issue. Black Cat Road is also a very narrow road. The fact that
Idaho -- ITD decided to not make McDermott a through street in their infinite wisdom of
moving the residents from Emmett to our city and you cannot do that. So, right now Black
Cat handles almost all of that traffic, because they are not going to go two miles back to
Star, they come down Black Cat Road. It almost looks like 1-84. You put this much stuff
and put only one entrance -exit onto Black Cat it's going to become serious. So, those are
some of the concerns that we have in our subdivision. I'm not only speaking for myself,
but several members that could not be here tonight, they have other plans, so -- or had
other commitments. So, there is what I have for you.
De Weerd: Thank you. Council, any questions? Thank you, Max.
Steinbaugh: Thank you.
De Weerd: Ken Arnst. Orensey. Sorry about that.
Bird: I'm used to that.
De Weerd: Me, too. Most people just stare at my name and say Mayor Tammy and that's
a good pronunciation. If you will, please, state your name and address for the record.
Arendse: Okay. My name is Ken Arendse. I live at 4644 Daphne Street.
De Weerd: Thank you.
Arendse: Part of the Black Cat Estates. Madam Mayor and Council, thank you for your
time. Our property is the northwest corner of Daphne and Black Cat Road. We have
been there for 24 years. We do have frontage on Black Cat Road. We are one of four
other parcels that have frontage on Black Cat Road and, then, there is another parcel
immediately north of us, I believe it's seven or eight. So, from the corner of Black Cat and
McMillan to the north, you have large parcels and, then, directly across the street we want
to change that to an R-15 zoning medium high density and I'm sure -- apparently since it's
made it this far it's been looked at, but I just -- I'm kind of confused as to how that can
meet any kind of zoning transition. It seems like we have the cart ahead of the horse. I'm
also curious why in this entire subdivision plan that those two R-15 areas as far as their
zoning -- it's kind of left out there open field, like maybe there is a Plan C that they want to
propose somewhere down the road. I'm not sure why that can't be kind of nailed down
and I appreciate the fact that's been addressed here and questioned already this evening.
And in addition to the comments that Mr. Steinbaugh made about traffic, whatever traffic
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studies were done by Ada County Highway District, I would imagine that since then the
event of the freeway from Emmett is only very recent, so I know for myself and other
neighbors -- we have all noticed that traffic has noticeably increased with the opening of
new highway, people jump onto Chinden and they take Black Cat Road and that's a very
current event. So, I think I would -- I would say you need to be very much on top of things
as far as making sure that the intersections are improved sooner rather than later. Any of
us who want to get around town here at the wrong time of day at a -- what used to be a
four-way stop county road and now has subdivisions on two or three sides and one
undeveloped area, you still know how long it takes to get through that four-way stop at the
wrong time of day. So, those -- yeah. And the street network, too, that's -- that was kind
of -- they are building a good street network for the subdivision itself, but once you get out
on Black Cat then what? If you can even get out. Maybe you will make -- you will have --
somebody will have to let you in just to get onto the road and, I don't know, just -- we need
to make sure that traffic studies accurately reflect the most recent conditions and stay up
to speed on where they will be in the very near future. So, thank you for your time.
De Weerd: Thank you. This is a public hearing. Is there anyone who would like --
please. Come forward. Good evening. If you will, please, state your name and address
for the record.
Poorman: Paul Poorman. 5230 North Black Cat Road in Meridian and I'm just east of the
proposed development.
De Weerd: Thank you.
Poorman: So, I guess I -- mike is a little short here. I'd like to echo the comments that
Max and Kenneth made on the McMillan Road access. I think that the subdivision really
should have access to McMillan to reduce the traffic coming out onto Black Cat and also
share the concern about the multi -family dwellings. I feel that that high density doesn't
have very much of a transition from the five and eight acre lots to the east that -- that we
own. The other is a very specific concern that I have is that our property shares a lateral
-- an irrigation lateral. It's almost a mile long and it's -- I can't really point -- it's just south
of where your arrow is on -- yeah. Right there. It goes -- yeah. Right in there. And it
goes across -- along the -- along the -- it borders our property and, then, through our
property and, then, crosses Black Cat and that lateral services 40 acres within this
subdivision, as well as our eight acres and the point I'd like to make for the record here is
that we share the maintenance of that lateral and I have to scoop dirt out of it every year
in the spring and in the fall and maintain that and maintain the concrete, fix leaks and so
forth and that extends all the way to McMillan Road and I suspect that the -- the developer
will share in that maintenance or tile the ditch that's been used for active irrigation. And
the other concern that I have is that the developer might put a pumping station for their
forced irrigation and there I have talked a little bit with Scott -- about this with Scott and
says that that is not the case. So, I just want to make sure for the record that that really is
in the plan that they not have a noisy pumping station right across Black Cat Road from
our property. So, that's all I have.
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De Weerd: Thank you very much. Any questions from Council?
Rountree: I have none.
De Weerd: Okay. Thank you. Council, would you like additional questions? Come on
forward. Max. An addendum to your testimony.
Steinbach: Yes. Yes.
De Weerd: If you will, please, restate your name.
Steinbaugh: Max Steinbaugh.
De Weerd: Thank you, Max.
Steinbaugh: Yes, ma'am. My addendum here would concern the water that was just
brought up. I am the ditch manager for the Beach Lateral there. That area -- and let's
take a look at that. I'd rather have the colored print, but there is a significant amount of
water that transitions from the Beach Lateral, the White Drain, also Mr. and Mrs.
Clemmons' water, which originates way up on McMillan and cuts across through the back
of their property. The sidewalk that they allude to they don't want -- there is also a huge
waste ditch that comes from the north. We have a serious issue out there with a lot of
water and most of the water abates right through the middle of that subdivision's property.
Should come just, oh, approximately I'm going to say the length of a football field north of
Daphne. That particular irrigation ditch contains a lot of water. Especially when they
irrigate that property, in addition to our wastewater abatement. We clean that ditch every
year and there is some concerns there also -- here, again, back to multiple family
dwellings, how they propose to make that a safer area, what they plan to do with the
ditches, because water is a huge issue. The lady that testified earlier this evening was
concerned. Our groundwater is about eight inches. So, it floats. It is a big issue there
and I would like to make sure that that gets in the minutes, please.
De Weerd: Thank you. Okay. Is there any further testimony? Yes, ma'am. Thank you
for joining us. If you will, please, state your name and address.
G.Poorman: Madam Mayor, Members of the Council, thank you for this opportunity to
speak with you. My name is Gayle Poorman. 5230 North Black Cat Road. As my
husband stated, we have the property just to the east of this development. We have been
there for about 30 years. Of course, as Max stated we are not overly pleased with this
development, but we understand that development has to take place. I would like to echo
the comments previously stated and, in addition, I and my husband are avid cyclists and I
know the City of Meridian has done -- made major improvements on roadways to add bike
lanes and make it safer for us and I really appreciate that and I would like to see that
same thing happen as we develop out here. Right now I do not feel safe riding on our
streets, especially Black Cat and McMillan. There are no bike lanes. There is not even a
shoulder and so I would like to ask the Council to consider in future, along with the
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sidewalks that are being planned that we -- I anticipate that there is going to be children --
more children out there and I think that we need to have a safe place for bicycle riding as
well. That's the majority of my comments. Thank you very much for listening to us.
De Weerd: Thank you. We appreciate your testimony. Is there any further testimony?
Council, any questions for staff or -- Scott, do you want to come up and respond to those
questions that were brought up?
Noriyuki: Thank you, Madam Mayor. Scott Noriyuki, Northside Management for the
record. I took some notes, so I'm going to try and handle these chronologically to address
these concerns or questions. With respect to Max Steinbaugh's -- I hope I pronounce that
correct. His concerns, as well as a handful of others. The question regarding multi -family
or the higher density, mind you the way I designed this was very much in consistency with
the City of Meridian Comprehensive Plan and these areas were located at primary
intersections. This is going to be future growth in these portions. I think it was
contemplated through The Oaks project, it was contemplated through the Volterra
approvals and further contemplated through the Comprehensive Plan, if you will. So, I
think those are very fair and I think they are very considerate and I think that's appropriate
planning. I do want to touch on traffic. I think everybody got up and spoke had some
concerns about that. I want to point out that we did commission a traffic study through Six
Mile Engineering, very reputable. They met all of the requirements, both state of Idaho,
local, ACHD, ITD requirements. We did current traffic counts. We considered all of the
requirements, it was reviewed by ACHD and ACHD did accept it and they did compare it
against their own traffic studies and they did make recommendations with respect to this.
This area is planned for this growth. There are conditions in place to protect the
infrastructure at such point The Oaks and/or Jump Creek hit a particular threshold of lots.
There are trigger points in place for off-site road widening or improvements or street lights
or those types of things, because collectively these two projects are significant. There is
no question. But I do want to point out that everything is being contemplated and it has
been reviewed and it has been approved. I do want to point out also that when I
commissioned it I submitted it roughly 3.5 months ago, so it does contemplate all of the
current changes, all of the current approvals, all the current construction. So, this is not
old information, this is the newest, freshest information and it does further contemplate all
of the calculations from The Oaks project, because they also were the traffic engineer for
The Oaks project. So, this is very cohesive and thought out. That's very important to me.
I do also want to let you know regarding access -- ACHD in all of these traffic studies and
these master roadway plans, we not allowed to have or even contemplate access on
McMillan, because of the off -sites and all of these major road networks, if you will, that's
not an opportunity for us. And, then, the access points that we are proposing are per
standard ACHD policy dimensional requirement. I think that's important to point out with
respect to the multi -family and how that interplays at the Black Cat and McMillan corner,
we are about 480 feet from that intersection to the first intersection. The multi -family may
be on the hard corner, but to get in and out you have got a significant dimension between
that and the actual intersection. So, I think safety will be achieved. Also, we are
conveying additional right of way. The road will be widened on our portions. Safety will
be met. With that I want to touch on irrigation. Irrigation is a big deal on this property. It
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seems to be a nexus of multiple drainages and primary laterals and I very much
appreciate what Max said, because that furthers my stance and concern about this
temporary pathway within the phase one, because there are significant structures that we
have got to contend with and as we do contend with them at that point, great, we achieve
a pathway or a sidewalk to nowhere, but we can't irrigate the property anymore
appropriately or that portion of it, which seems silly. With respect to the physical
understanding or engineering of the irrigation and the drainage, we are very cognizant, we
have got a great team of engineers, a lot of experience behind us. We have met with the
irrigation districts, we have considered what it is that we have got to do and the interplay
with ACHD at McMillan and Black Cat -- it's big deal. We will have a pressurized irrigation
pump station. No question. A project of this size has to have something like that to be
practical and appropriate. We do have the water rights. With that said we will be quiet.
I think I covered everything. I'm sorry. I want to stick with -- is there any questions you
have of me?
De Weerd: Where is the location of your pump house?
Noriyuki: The pump house -- if you could -- Bill, if you could pull up the -- I guess just the
colored rendering overall. Perfect. And I'm assuming I have access by pushing this
button? From an engineering standpoint we are looking at these areas, because the
primary irrigation that we are dealing with is coming from this point going this way and this
way. We also have access points for irrigation over here, but we are planning on in this
area, if you will.
De Weerd: So, you do understand there is high water -- groundwater in the area?
Noriyuki: Oh, believe me we do. Yes.
De Weerd: And you are planning mitigation on every lot for the high water?
Noriyuki: No. We are engineering around it and, mine you, there is high groundwater in
areas and this has been the concern area, if you will, and we note this water feature that's
an integration of that area. The predominate, if you will, high ground, water has
historically come through this area. Areas over here -- this is pretty much high and dry
and, mind you, this is 82 acres. So, just to say that we have got high groundwater in one
particular area -- it could be 15 feet in another area. We have got extensive geo-technical
engineering. It's proved out, we have put it together and submitted to the City of Meridian
our conceptual engineering and, of course, that's proved out ultimately through the
construction docs and the final plat approval process.
De Weerd: I don't know. You need to ask the people across the street from you, because
there is high groundwater in that subdivision and so --
Noriyuki: And we are cognizant and we do not want a liability or risk at the end of the
day.
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De Weerd: Okay. Mr. Rountree.
Rountree: Madam Mayor. Scott, you made a statement a little bit ago -- the road will be
widened, but you didn't indicate when or by whom.
Noriyuki: Which portion of the road?
Rountree: I don't know. You said the road would be --
Noriyuki: On a phase -by -phase basis -- our initial phase when we will put in the -- Bill,
how do I erase? I'm not that smart. I can draw, but -- okay. Wait a minute. I figured it
out. Trial and error. Okay. So, the load will -- the roads, if you will, will be widened
appropriately, first of all, on a phase by phase basis. So, phase one we will be installing
this entrance, as well as this entrance. All of that appropriate right of way will be widened
accordingly per ACHD staff report. At that point, once we move beyond to the second
phase, that portion physically will be widened appropriately. There is a trigger point after
the second phase that somewhat in conjunction with The Oaks project that things have to
be analyzed after that, just considering all of the projects -- or the potential lots. If The
Oaks do not move rapidly maybe nothing has to happen or if everybody moves rapidly
maybe something else does have to happen, but it's standard protocol with any
development. We will widen and convey the appropriate requirements on a per phase
basis.
Rountree: And do you know if there is an intersection improvement project proposed for
Black Cat and McMillan?
Noriyuki: Yes, there is and that is in the ACHD staff report and it's one of the trigger
points that you will note. The question is -- it was also a condition for The Oaks project
and they mirrored the condition for this -- this particular project just to insure dependent
upon how many lots, regardless of project. Once that trigger point was met that
intersection was improved. But I do also want to point out that I had conversations with
ACHD and that intersection is within their five year CIP as well. So, it's targeted with or
without these to projects for improvements regardless.
Rountree: Yeah. Okay. Thank you.
Noriyuki: You're welcome.
De Weerd: I guess the north Meridian development actually put those improvements in
ahead of time, which has -- has been nice for that area, because of the growth.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
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Zaremba: This is probably a question or comment for staff I think, but at one time
Meridian had with Ada County Highway District an agreement that all arterial section lines
would be preserved for at least five lane roads, then, a couple of years ago we learned
that without Meridian's knowledge ACHD changed McMillan to be a three lane road in the
future. We, I believe, made a formal request that they change it back to five lanes and I
don't know what has happened with that. My concern is -- I'm comfortable that Black Cat
will eventually -- I don't know what the timing is, but eventually their plan is to have Black
Cat be a five lane road and I'm hoping to get some confirmation that McMillan will be five
lane. Caleb looks like he knows something about this.
Hood: Madam Mayor, Councilman Zaremba, I did talk to Gary Inselman about -- not only
McMillan, but -- we will focus on McMillan, but also Victory and Locust Grove, because
those are also three lane roadways. So, we did talk about having a five lane arterial as
kind of the base. ACHD is looking into it, but McMillan with the large power poles that are
on side and the large canal facility on the other side, is going to be three lane facility. So,
that is one of the few exceptions to the five lane arterial road rule that -- that we have. But
for the most part arterials is a five lane roadway and there are a couple of seven lane
roadways that are ultimately planned for Meridian as well, but in that instance there is
some justification for a three lane roadway. They are still looking at it a little bit, but,
essentially, have come to the conclusion that it's cost prohibitive to either relocate the --
and I can't remember what the facility's name is -- the Settlers Canal or the large Idaho
Power metal structures that are several hundreds of thousands of dollars for each one
and there is a series of them, so I thought I had reported some of that out the Council, but,
no, McMillan is only ever going to be a three lane roadway at this point.
Zaremba: Thank you, I guess. I'm not thrilled, but thanks for the news
De Weerd: Any other questions from Council?
Bird: I have none.
De Weerd: Okay.
Noriyuki: Thank you.
De Weerd: Council, any further information needed?
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: Just for discussion purposes, I think the biggest issue in the air -- up in the air
is the treatment of sidewalk on the phase that's not planned to be done yet. I agree the
need for it relates to the school and the point has been made that we don't have a timing
for the school and it may very well be okay not to do it -- I can see the economic reasons
not to do a temporary one that it might bollix up the use of the unfinished phase as
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farmland for as long as it could be. And, you're right, for the extent of time that it doesn't
go anywhere or connect to anything and the school isn't there, I am comfortable with not
having it there. It actually would be probably unfavorable to have people walking along
there if there is no destination that serves its purpose. So, assuming that that school is
some way off and the future phases of this project may very well beat the school, I would
be comfortable considering not requiring the temporary sidewalk. You got to pay to put it
in and, then, you have to pay to take it out and if it's not going to help I'm comfortable
eliminating it. One person's opinion.
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: So, along those same lines, could we -- since we don't know when the school is
going in and there have been known to be delays in projects, can we accept them not
putting in a temporary sidewalk, but require that before the school opening, regardless of
the development, that the sidewalk -- the permanent sidewalk is installed?
De Weerd: I guess, Council, you know I like to see improvements along the roadways.
It's not just for school, it's for the connectivity to those things in and around it. This area is
developing and there are developments to the north and south and as -- as someone
testified, there is bicyclists out there and when we start adding people in the middle of --
on the fringe, there is a connectivity challenge and you need to connect people not just by
cars, but by foot and by bike and that is why we like to see those -- those improvements
come in as the first phases are developed or approved. Just a personal opinion.
Parsons: Madam Mayor?
De Weerd: Uh-huh.
Parsons: I don't mean to interrupt, but I do want to at least enlighten -- I believe Mr.
Noriyuki testified he wanted answers to when the Volterra Subdivision was going to build
their portion of the collector road to tie into Black Cat. I spoke with the developer on the
phone and it was his indication to have that constructed this year, which is ultimately -- if
you can see the red dot here, would be this entire portion here. So, almost two-thirds of
that collector road was planned to happen this fall. In my latest discussions with him he
informed me that he intends on doing it this spring. We all know -- he's currently
developing a 57 lot single family residential development here, which also ties back into
McMillan Road. We have a 160,000 square foot big box store, Walmart, going on that
corner. So, if that sidewalk wasn't built and their first phase comes online -- and this is
why staff was pushing for the -- not only the collector road with the first phase -- excuse
me -- entire collector road with the third phase or the 123rd residential lot and that
pedestrian connection was the first phase was -- the planning department has approved
the sidewalk connection, the landscaping along that collector road and ACHD is reviewing
the roadway plan for the construction of that, so we envision that happening within the
next six months to one year and so we felt if that first phase came online and started
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sending folks down McMillan Road to Walmart, they would get on their bikes, hit that
sidewalk, drop down to the collector street network and tie back into Walmart, rather than
having to go on McMillan Road and that's why we felt it was so important and ultimately
the planning and zoning commission weighed in on that and they listened to the
applicant's argument. But that's something we should consider going in that we do have
that planned within the next year. A least it's been approved by the planning department
to happen. And so we envision not only this providing connectivity to the school site, but
also provides a pedestrian connection and also a pathway -- a bikeway connection, a
complete street, to a Walmart store in the future, the next year or so. so, it's something to
keep in mind in your deliberations.
De Weerd: Okay. Any other questions? Or discussion points?
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: Just for discussion. I -- this is really an impressive project. It's big in every sense
of the word. As I make -- kind of go through notes and look at some of the areas that --
questions that have been answered and questions that have come up, you know, for a
project of this magnitude I may need time to look at a couple things and maybe get some
questions answered. I would like to take at look at that traffic study again and the ACHD --
the we updated staff report is not on the web link. The draft on is, but the one -- which is
the one I looked at and I understand the staff comments make reference to probably the
updated staff report. But I'd like to get my head around the dates that the roadway
improvements are going to be done. The multi -family on the corners, you know, without
elevations or any concrete parameters to what they would be -- I'm not saying that it's right
or wrong, but those are things that give me pause. I think the public has brought up some
question about potential groundwater concerns -- probably can be easily alleviated. There
is a geo tech study that might address it. I didn't look at it. If it's on the web link I don't
see it. And the sidewalk issue -- the Mayor's comments and Council Woman Milam's
comments, maybe there is some language that we can more artfully articulate if there is to
be a trigger that would ultimately require such a temporary sidewalk to be -- I'm not so
sure, you know, wordsmithing it right now is the most effective way to do it. So, I like what
I see, but, gosh, you know, at 80 acres I'm not certain that a -- from my perspective of a
continuance just really get comfortable with some of these loose seems to be worth it.
Because it's not a project that I look at and from the presentation it's something in my
eyes to be rejected wholeheartedly. I wouldn't feel comfortable approving it today either,
without doing a little more contemplating.
De Weerd: Thank you, Mr. Borton. Any other comment or -- again, any questions. Or a
motion to continue.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
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November 5, 2014
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Borton: It might incite discussion, it might not, but in light of my thoughts on it, I would
just move to continue Item 8-C, the public hearing on AZ 14-011 and 8-D, that's PP 14-
013. If the motion --well, that would be the motion. I don't know if it needs a date certain
as well.
Rountree: Yes. The 18th.
Borton: To -- I don't think I'm here the 18th, so would say the 25th, if that's -- I will say the
25th and see where it goes.
Zaremba: Second.
De Weerd: I have a motion and a second to continue this -- these two items to November
25th. Any discussion? I'm sorry.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: The maker of the motion, what more do you want? He's got the traffic study in
there, 171 page. What else?
De Weerd: He wants to read the 127 pages.
Bird: Hundred and seventy-one.
De Weerd: Or'71 and I think this is --
Bird: Was there anything else besides the traffic pattern?
Borton: Councilman Bird, everything that I listed. It's not necessarily items I need to
receive, but I'd like to look at and get resolution from.
Bird: I mean anything that you don't already have is what I'm getting at, Councilman
Borton.
Borton: The updated ACHD staff report I don't believe is on the web link and I'd like to
see the specifics that resolve the groundwater issue. I'd like to see language that my
resolve the sidewalk timing issue.
De Weerd: Okay. Anything further?
Rountree: Madam Mayor, since we are making a list, I would like to see some language
or concept with respect to the multi -family, as opposed to just a blank slate. That has
some idea what thoughts could be there, knowing that they are going to wait to see what
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November 5, 2014
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the market might bear, but language to the extent it would replicate the type of
architecture that is in their development that we have a number of plans for and elevations
for now or are we going to look at some space age kind of an approach or -- and it's going
to go through an conditional use permit process anyway, so if the market changes and the
situation changes out there, they can -- they can amend that or request an amendment to
that through the conditional use process and I agree with Borton with respect to the
sidewalk and the sidewalk timing, it seems to me that it is a timing issue, you're going to
have to build the sidewalk there no matter what. At some point in time you're going to
have to address the irrigation issue no matter what. So, what is the timing of that what is
-- that's the -- certainly it's an up front cost that you're not going to see any return on until
you get the entire development done, but we have struggled with sidewalks, let go and we
now can't get them in place in subdivisions that are within walking distance to schools and
there is no way of seeing sidewalks need put in. So, I'd like to see some timing discussion
on that.
De Weerd: Bill?
Parsons: Madam Mayor, Councilman Borton, the geo-tech report is part of the application
on the website.
Borton: Okay.
Parsons: We started scanning those in, so that it's part of the public record. So, that
information is provided in the application for you. I know I did receive a final version of
that staff report from AHCD. I will coordinate with the clerk's office tomorrow morning to
make sure we provide it. I'm not sure -- I'm not sure when I sent it, but I believe -- I'm
positive I forwarded that onto the clerks office and included it in the packet. So, we do
have that.
Borton: Okay.
Parsons: So, we do have that and I coordinated with the senior planner on the project.
We talked about the condition. The commission recommendations has the correct
ACHD's conditions in the staff report. So, it's all in tune for you there, so I don't know
where -- why the final one isn't there, but we did receive that and ACHD's commission did
act on that application.
De Weerd: Okay. And since the applicant is listening to all this discussion, if there is
anything additional -- yes.
Noriyuki: Scott Noriyuki. Northside. I appreciate you letting me come back up prior to
closing the hearing. I do want to address a couple of these items. I do want to point out
that Bill did receive from Mindy Wallace -- ACHD commission did amend their final draft.
ACHD staff report at Commission last week and did forward that to myself, as well as Bill.
It is a final -- it's not a draft and it approved and that encompassed all of the changes
proposed through the Planning and Zoning Commission hearing held here. So, all of
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those contemplations were contemplated, incorporated, and approved. I do want to
point out that the traffic study -- it was commissioned by a traffic engineer, licensed in the
state of Idaho, under the pretense and the requirements by ACHD and ITD. It is very
clear and I think I'm a little concerned with just arbitrarily continuing the project for the
purpose of if people didn't review the packet. The packet -- the information has been
there. The geo-tech report has always been there. These are submittal requirements for
me that I submitted three and a half months ago and these are consistencies. With that I
do want to talk about the sidewalk. I do appreciate what you're talking about and timing is
critical and I'm very open to that. All I'm asking to do is to complete that in my phase two.
My phase two does continue it -- that remaining portion that everybody is desiring. My
phase one is going to take on about 52 lots. I think it's reasonable to say that 52 lots will
be built out in their entirety in 2015. The secondary phase will progressively move into
2016. 1 think it's reasonable that 2016 would be the soonest that school could ever be
built. I see Volterra Road ultimately being built, but it's not going to happen this fall. The
batch plants are going to shut down in 35 days, maybe 25 days. There is no way asphalt
could be put down. There is no concrete that's been done. It's still predominately under
agriculture, although it's got a sewer line it's weedy and it's not prep'd and it's got to be
stripped out.
De Weerd: Hey, Scott, this --
Noriyuki: I apologize.
De Weerd: Thank you.
Noriyuki: And with that said I'm just asking if we can --
De Weerd: I will tell you there is nothing arbitrary about continuing a public hearing --
Noriyuki: And I apologize.
De Weerd: -- consider additional information and to absorb and make sure that every
detail is understood by this Council, who is being asked to make a decision.
Noriyuki: And I accept a continuance if that's --
De Weerd: They do not see the agenda until the Friday before --
Noriyuki: Oh. I apologize:
De Weerd: -- and so it's a big development, there is a lot of information and this Council I
will say takes their -- their responsibility seriously and so --
Noriyuki: Very good.
De Weerd: Okay.
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November 5, 2014
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Noriyuki: Thank you.
Rountree: Madam Mayor, if I could --
De Weerd: Mr. Rountree.
Rountree: -- pursue a discussion on the sidewalk. So, you're amenable to maybe
identifying a point in time -- not necessarily with respect to 52 lots being sold, but with --
with a point in time in 2016 that you start construction on the sidewalk?
Noriyuki: I was thinking about while I did phase two. I anticipate that would be in 2016,
just based upon the market right now. That was what I was thinking about tying it to.
Rountree: You understand our concern is that if you don't meet your mark there, then,
somebody is holding the bag for not having a sidewalk when there might be a need to
have a sidewalk.
Noriyuki: Well -- and I appreciate that and I wouldn't want a project like this for that to be
a negative point and that would be a concession I would make to build a temporary if I
could have the lateral to move into the field, rather than the ACHD right of way at that
point.
Rountree: Okay.
Noriyuki: Thank you
De Weerd: Council, I do have a motion and a second to continue this item and I will
entertain additional discussion about this project, but we are -- we really do have a motion
and we have kind of gone off on a -- I will use Councilman Zaremba's sideways direction.
So, Council, all those in favor of continuing this -- these two items, 8-C and D, to
November 25th, please, say aye. Any opposed say nay. Okay. Motion carries.
MOTION CARRIED: ALL AYES
De Weerd: Mr. Zaremba, did you have additional comment?
Zaremba: Well, not really. If we are continuing it I think that answers my question. What
I was going to ask -- if they are able to farm it one more season, then, there is -- they are
not going to be able to farm it two seasons, apparently, if the sidewalks are going to go in
eventually. But that will be part of the discussion two weeks from now.
De Weerd: I would like staff to -- there is a lot of information here and some of it we may
feel qualified to review without interpretation, some of it we can't. The groundwater is an
issue and if someone could, please, explain what we have in the report that would be
helpful. Both from the applicant and from the staff perspective. The two sides are
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important. We just want to make sure the two sides agree. Okay. Okay. So, to the
neighbors, this is a continued public hearing to the 25th of November. So, thank you for
joining us tonight.
Item 9: Department Reports
A. Continued from October 21, 2014: Discussion of Social Media
Policy and Procedure. Original Policy approved December 13,
2013
De Weerd: Under 9-A, Department Reports, we have a continued discussion on the
social media policy and procedure. I will turn this over to Mr. Nary.
Nary: Thank you, Madam Mayor, Members of the Council. A few weeks ago I had
brought to you the social media policy. We had had previous discussions about that. We.
somehow found it had not been approved by the Council. We couldn't find it in the record.
But subsequent to our meeting we did find it actually was approved last December, so it is
already in place, but there were concerns or questions that the Council had and if there is
amendments or changes to the policy you'd like us to look at -- again, it's not -- it's not
urgent if you -- unless you think it's urgent. If you want us to consider whatever you want
to provide to us, so we can, basically, take it back through our -- our internal process to
review it and make whatever changes you think are necessary or appropriate, but we can
do that at whatever speed or pace as you want it to be, so --
De Weerd: Mr. Zaremba.
Zaremba: Since it's been in place since December almost a year ago there has been
some experience with it. Is there any experience reason to make changes to it?
Nary: Madam Mayor, Members of the Council, Council Member Zaremba, no, there really
hasn't. I mean there hasn't been any additions or changes to the process that already
existed. As I told you a few weeks ago, the purpose was it was to just make clear what
the requirements are and, of course, the requirements are very fluid, as the law often
changes in this area as to what you can do in regards to social media, but there has not
been any hiccups or problems and things like that. We do have social media that the city
uses in various forms and we have been following that procedure in administering it since
a year ago, since before we even approved the policy we felt it was the appropriate
practice. So, really -- and the implementation hasn't really changed the practice anyway
or the procedure. We haven't had people requested to add more separately from the
department level of social media, so so far so good, there hasn't been any suggested
changes from the internal staff.
Zaremba: Thank you.
B. Community Development/Building Services Division Department
Report: Proposed code adoptions and local amendments - 2012
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November 5, 2014
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International Building Code, 2012 International Residential Code,
2012 International Energy Conservation Code, 2014
National Electrical Code, 2012 Edition Of The International
Mechanical Code, 2012 International Fuel Gas Code
De Weerd: Anything further on that item? Okay. Item 9-B is under our Community
Development Department. Our building division.
Bjornson: Good evening, Madam Mayor and Members of the Council. Tonight I'd like to
present the adoption of the building codes, which is required by Idaho statute, as you're
aware, by January 1st of the year following the state adoption. We often use the term
I -Codes to define the international code family collectively. International is a broad term. I
would like to take a couple of minutes -- I will be very brief -- to provide a quick overview
to the new Council members on code development and why we -- or why it was termed
international and just some brief history. So, it won't take long. The purpose of the
I -Codes, essentially, is to reduce loss of life and to promote public safety through building
department process, plan review, inspection, so it's public by safety much like police and
fire. Some of the early controls of the United States consisted of three individual model
code organizations and in 1950 we had the Building Officials Conference of America. In
1922 Pacific Coast Building Officials Conference, which later became the International
Conference. And, then, in 1949 we had the Southern Building Code Congress. Those
were all organizations --three big ones there-- and along with those organizations there
were three legacy codes which were the Uniform Building Code in 1927. In 1946 was the
Southern Building Code. And, then, BOCA National Building Code. So, that's a lot of
history -- U.S. history, you know, from back in time. Essentially the officers from the three
organizations formed a council -- CABO, the Council of American Building Officials, and
their goal was a coalition effort to form uniformity of products, language, standards and
code format and their accomplishment for the path of the formation of what we know today
as the International Code Council. The International Code Council was sown in in 2000 --
the year 2000 and it's a benchmark industry code for the United States and worldwide.
Building code change and reform happens on a three year cycle through the International
Code Council and they are, essentially, here tonight to talk about that. Again, we are
mandated by the state to adopt the minimums. So, what does that mean to Idaho and
Meridian? The building code collaborative, which is a group that continuously evaluates
the codes and provides recommendations to the legislature in the best interest of
minimum regulation necessary for Idaho life safety compliance. I'd like to point out that
we are currently working on an international residential code -- I'm sorry -- an Idaho
residential code, an Idaho energy conversation code, which is currently in statute
language 39-4109. So, there is good steps being taken right now to name an Idaho
residential code, an energy code for the good of Idaho and to not have the same
regulations necessarily maybe in New York City or Las Vegas or San Francisco. So, we
are taking a critical look at that.
De Weerd: And, Brent, just to add to it, that's being worked in partnership with the state
with the Building Contractors Association and there is a lot of stakeholders at the table
that's driving this.
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November 5, 2014
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Bjornson: Absolutely. Correct. I was at the -- I attended a meeting -- I think it was last
week over at the Department of Building Safety and all those people were represented for
the most part and it was a very good effort, I was really pleased with how it progressed
and I think it's just great for building codes and to make sure that we are not adopting
things that we don't know what they are, just taking cart blanche and to not necessarily to
the good of, you know, our builders here locally. So, I think it is important and it is a good
way to leverage, you know, what's -- what's coming down through the code cycles and
removed every three years. There was one other thing I'd like to mention here with the
I -Codes. They happen on a -- basically a three year cycle. I mentioned that. We are
currently on a 2012 model and we -- the National Electrical Code is one -- a 2008 model
and it also goes every three years, which was '11, based on the state, and we are going to
the 2014 National Electrical Code. So, essentially, what I'd like to present is a timeline for
the ]-Codes, draft a document that's before you and it includes the 2012 residential code,
the 2012 International Building Code, which is the commercial sector, the 2012
mechanical and fuel gas code and the 2012 energy conservation code, along with that
2014 National Electrical Code. The electrical code is NFPA 70, which is fire protection
based and it's a little bit different document than the ICC base building code, so it's just a
little bit different cycle timingwise. We currently are not proposing any code amendments
that would be more restrictive than the state amendments. This is all well received.
Always we have no plans to do anything there. All of our local amendments are
housekeeping type items or new rules that the state has adopted back in July. Statute 39-
4116 requires that we send out notification mailers to 13 external groups. We added eight
additional. Some of these include the Associate Building Contractors Association,
Association of Idaho Cities and others. Mr. Bird will be happy to know that, once again,
we included Building Owners and Managers Association, BOMA. For the record, we
mailed notices on October 31. The required publication with the clerk's office and public
hearing of December 2nd we have put in the Valley Times on Monday, October 27th. My
plan is to present the draft document timeline at the BCA meeting on November 12th. We
will get the December 2nd publication hearing and ordinance on your agenda by
November 26th I believe and, then, what we are proposing is a December 2nd public
hearing and first reading. December 9th, second reading. December 16, 3rd reading and
adoption with an effective date of January 1. That is really all I have with code adoption.
Again -- is my mike working here? It's the minimum code for Idaho and we are required to
do it by state at this point and I will stand for any questions you may have.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Not a question, Brent, but thank you very much and the local -- or the Idaho group
that's getting together, do you have any AIA participation of the architects or the engineers
in that group?
Bjornson: Madam Mayor, Mr. Bird, Members of the Council, I can't answer that definitively
and tell you yes. I would assume that there are those people at that table --
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November 5, 2014
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Bird: I hope so.
Bjornson: Yeah. Absolutely. Our mailers go out and reach out to those associations, so
I'm sure they are well represented.
Bird: I think that's -- I think that's finally -- we are getting to the way we should be,
because to build a house in Meridian, Idaho, is a lot different than building it in Meridian
Mississippi, you know, so -- and those guys are the ones that's got to design it and spec it,
so --
Bjornson: Yeah.
Bird: Thank you, Brent, very much. I appreciate this.
Bjornson: My pleasure. I think you will be happy to know, Mr. Bird, that the energy code
-- Idaho brings in the 2012 energy code we have modified that -- the group collectively I
should say -- the code collaborative to make sure we stay within the 2009 tables --
Bird: Yes.
Bjornson: -- and it really helps. It works out well. It's a win-win.
Bird: Sometimes we get too energy efficient and we ruin the homes. We cause mold and
stuff like that to build up.
Bjornson: I think the collaborative -- I think with -- I have noticed that I really -- I think it's
important is that people step back and they take a look and they ask the question, you
know, why are we doing this, what's driving it, what's the end result goal and, then, we,
you know, figure out if we want to move forward or take it out or modify it.
Bird: Follow up, Mayor? And I appreciate, Brent, the way you and Bruce have always
went out and reached out to the people that are involved in building the buildings and
designing it and stuff and -- and I think that has really helped us out as a city to not have
any problems that a lot of the other municipalities do have and I thank you for that.
De Weerd: Okay. Any other questions or comments for Brent? Okay. So, next steps,
Brent?
Bjornson: Next steps would be -- I expect that you will see that Emily Kane will, again, by
November 26th place the December 2nd public hearing ordinance on your agenda and,
then, we will move forward from there and I will take it to the BCA meeting in about a
week.
Bird: Good.
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November 5, 2014
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Bjornson: Thanks for your time.
De Weerd: Thank you. We appreciate your sticking around.
Bjornson: Well, I'm happy to. I don't get to wear a very often, so it's been a long time in
the tie. I love it.
De Weerd: We can make it a requirement. I'm just kidding.
Rountree: With exceptions.
C. Public Works: Budget Amendment for FY2015 in the Amount of
$90,000.00 for the Wastewater Treatment Plant (WWTP)Safety
Improvements Construction
De Weerd: Yes. 9-C is under our Public Works Department. Dale.
Bolthouse: Good evening.
De Weerd: Good evening. Thank you for --
Bolthouse: Madam Mayor and Members of the Council. I guess I know how to clear a
room behind me here. I stand before you tonight with a request for your consideration
and approval of a budget amendment for 2015. As you may be aware, we have engaged
Northwest Safety and Risk Services the last year with the intent of giving us an overall
safety assessment in Public Works. Part of that was the actual facility instructions that
occurred last year and were published late last winter. We have had a number of
opportunities that were pointed out in that facilities inspections and we have been working
our way through a list of some 180 observations that were part of that process and we are
down to the -- I guess the last few that were the more complex of items to take care of and
have taken staff and some external consultation, engineering services to gather our
thoughts and develop our abatement plans. Those -- those plans specifically are
addressing four areas that remain in our wastewater treatment facility and they include
proper ingress and egress and access to our sampling station, which is the upstream
sampling station on Five Mile Creek. Improving the access to our primary sludge vaults,
which will currently permit entry confined space required and we'd like to remove that
designation for those particular areas. We have a floating cap digester -- they call it
digester number three and that particular access to the top and down in for daily
maintenance and operations is -- is not a good situation and this will take care of that, as
well as a variety of other spots throughout the facility where we need to have improved
handrail and guard rail for safety protection from slips, trips and fall hazards. So, we are
requesting 90,000 dollars for construction and completion of those items and we would
much appreciate your approval of us to move forward. Time is of the essence. A number
of these, you know, are exacerbated as we move into winter, snow, rain, wet conditions
and we'd like to get them taken care of. So, with that I will stand for questions.
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November 5, 2014
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De Weerd: Thank you, Dale. Any questions from Council?
Bird: I have none.
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: One briefly, Dale. You -- I recognize that we are very quickly into the new
budget year and you touched on something that I guess I need some further clarification
on and that's why time is of the essence for this particular amendment?
Bolthouse: Madam Mayor, Council Member Cavener, the timing of when we receive the
information and the amount of time it took us to develop our abatement plan has taken
about four months to work through that. Because the items are a little more complex, we
had to go through flood plain analysis, because of the stairway down into these areas and
things, it's took us until just this last month in order for us to actually detail out what the
proper abatement is. We have been anxious to get these completed for some time. We
probably could have fragmented them and blocked them in piecemeal, but chose to try to
take these larger items, consolidate our engineering efforts and bring them all as one
project. So, in some cases it might have delayed a few of the initiatives. But we would
like to go ahead and move forward and try to get these done. We were unable to get
them into last year's budgeting process, because of the timing of those engineering
studies.
Cavener: Thank you.
De Weerd: Okay. Any further questions? Okay. Council, you do have a budget
amendment -- amendment -- that's easy for me to say -- in front of you.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: If there is no further discussion, I would move that we approve Item 9-C, a Public
Works budget amendment in an amount not to exceed 90,0000 dollars.
Rountree: Second.
De Weerd: I have a motion and a second. Any discussion? Hearing none, Madam Clerk,
will you call roll.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea.
De Weerd: This is side of ayes sounded more enthusiastic than this side of ayes.
Meridian City Council
November 5, 2014
Page 58 of 62
Rountree: We are getting towards the end.
MOTION CARRIED: ALL AYES.
Item 10: Ordinances
A. Ordinance No. 14-1628: An Ordinance (AZ 14-009 Castle Creek
Subdivision) For Annexation And Rezone Of A Parcel Of Land
Being Located In The SE'/4 Of Section 29, Township 3 North,
Range 1 East, Boise Meridian, Ada County, Idaho; Establishing
And Determining The Land Use Zoning Classification Of Said
Lands From Rut To R-8 (Medium Density Residential District) In
The Meridian City Code; And Providing An Effective Date
De Weerd: Okay. Item 10-A is Ordinance 14-1628. Madam Clerk, will you, please, read
this ordinance by title only.
Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 14-1628,
an ordinance AZ 14-009, Castle Creek Subdivision, for annexation and rezone of a parcel
of land being located in the southeast one quarter of Section 29, Township 3 North,
Range 1 East, Boise meridian, Ada County, Idaho, as described in Attachment A and
annexing certain lands and territories situated in Ada County, Idaho, and adjacent and
contiguous to the corporate limits of the City of Meridian, as requested by the City of
Meridian, establishing and determining the land use zoning classification of said lands of
RUT to R-8, Medium Density Residential District, in the Meridian City Code, providing that
copies of this ordinance shall be filed with the Ada County assessor, the Ada County
recorder and the Idaho State Tax Commission as required by law and providing for a
summary of the ordinance and providing for a waiver of the reading rules and providing an
effective date.
De Weerd: You have heard this ordinance read by title only and I think we are ready to
act on it. Do I have a motion?
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: I move that we approve Ordinance No. 14-1628 with suspension of rules.
Bird: Second.
De Weerd: I have a motion and a second to approve Item 10-A. Madam Clerk, will you
call role.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea.
Meridian City Council
November 5, 2014
Page 59 of 62
De Weerd: Now we are going to see who is the most enthusiastic.
MOTION CARRIED: ALL AYES.
Item 11: Future Meeting Topics
De Weerd: Item 11 under future meeting topics. Even though this is not a future topic, I
would like to compliment the Fun Bus brochure that Councilman Zaremba passed out to
all of us. I would -- even though staff is not here, I do think that it would be important as a
future meeting topic to have a discussion on what the city does in terms of testing or
requiring testing for water levels on new development. I have been getting an increasing
number of phone calls from residents that are experiencing high water tables in their crawl
spaces on their properties and questions have been raised as to what is the city doing and
I think it would be a timely discussion. Okay. Anything further?
Zaremba: Madam Mayor?
De Weerd: Yes, Mr. Zaremba.
Zaremba: Two. One of which is germane, but the first one is earlier we talked about a
letter to the Ada County commissioners, which I thought was going to be passed around
for all of us to sigh.
De Weerd: I thought so, too.
Zaremba: I haven't signed it yet.
De Weerd: Is it around?
Rountree: I haven't seen it.
Bird: Somebody's got it.
Zaremba: I thought it was on the table here somewhere. It just has got stalled.
Cavener: I have the letter. I didn't realize that I was supposed to sign it and pass it down.
I thought it was --
Rountree: Way to go, Luke. Way to be in there.
Bird: We will let you off.
Cavener: Thank you. I appreciate it.
Zaremba: And, number two, I had a conversation with Elaine Clegg, a Councilman from
Boise the other day, in regards to impact areas and annexations and stuff and she
Meridian City Council
November 5, 2014
Page 60 of 62
explained to me and I think she's talked to Councilman Rountree as well -- that
recently Idaho Smart Growth did a statewide study of many issues related to impact areas
and their enforceability and enforcement and we had a little conversation about it and I
suggested to her that we might be interested in having her come and make that Idaho
Smart Growth presentation to us at a workshop. We probably wouldn't get it done by
November 12th, but perhaps the December one, and my question is would people be
interested in hearing what Idaho Smart Growth is suggesting as a statewide solution?
De Weerd: I think it would be good to have the report and see how applicable their
findings are.
Zaremba: For a workshop?
De Weerd: Uh-huh.
Zaremba: Okay. Thank you.
De Weerd: We will give it to Madam Clerk.
Rountree: Madam Mayor?
De Weerd: Yes, Mr. Rountree.
Rountree: If you could have staff extend my appreciation to the D.L. Evans Bank for their
effort on cleaning up the site on Pine and Ten Mile after probably 20 years of dirt piles,
weeds and junk. It is leveled, it's cleaned off, and looks great and looks like it's getting
ready for them to build a building on. So, I appreciate their effort after they were in here
the last time about two or three weeks ago. They got in there and got it done.
Bird: Yeah. It looks nice.
De Weerd: I just, too, want to express on the public record our appreciation to the
organizers, our parks director -- or our parks department, Patrick Dilley, Ken Corder with
the Mayor's office and Officer Gomez with the police department for the trunker treat event
last week. It was an extremely well intended -- or attended. We had over 80 trunks
provide candy to the kids. We had close to 7,000 people participate and just have had a
flood of positive comments about the event and how it's a great reflection on the
community and our -- our focus on the families and on our kids. So, just for the record we
want to hold them us as -- I did present Meridian Way coins to each of them and with our
sincere appreciation for what they had done and a reminder this is something -- second
annual Mayor's Youth Advisory Council activity. So, we had over 80 kids participate and
leading the little costume parade and setting things up, being crowd control and traffic
monitors and they just did an outstanding job.
Item 12: Executive Session Per Idaho State Code 67-2345 (1)(f): (f) To Consider
and Advise Its Legal Representatives in Pending Litigation
Meridian City Council
November 5, 2014
Page 61 of 62
De Weerd: Okay. Our last item on our agenda is Executive Session. Do I have a
motion?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1)(f).
Milam: Second.
De Weerd: I have a motion and a second to adjourn into Executive Session. Madam
Clerk, will you call roll.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea.
De Weerd: Oh, man. All ayes.
MOTION CARRIED: ALL AYES.
EXECUTIVE SESSION: (9:17 p.m. to 9:56 p.m.)
Bird: I move we come out of Executive Session.
Zaremba: Second.
De Weerd: I have a motion and second to come out of Executive Session. All those in
favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
De Weerd: Do I have a motion to adjourn?
Bird: So moved.
Zaremba: Second.
De Weerd: All those in favor?
MOTION CARRIED: FIVE AYES. ONE ABSENT.
MEETING ADJOURNED AT 9:56 P.M.
Meridian City Council
November 5, 2014
Page 62 of 62
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