HomeMy WebLinkAbout2015-08-25Meridian City Council August 25, 2015
A meeting of the Meridian City Council was called to order at 6:02 p.m., Tuesday, August
25, 2015, by Mayor Tammy de Weerd.
Members Present: Mayor Tammy de Weerd, Keith Bird, David Zaremba, Genesis Milam
and Luke Cavener.
Members Absent: Charlie Rountree and Joe Borton.
Others Present: Bill Nary, Jaycee Holman, Caleb Hood, Bill Parsons, Warren Stewart,
Tracy Basterrechea, David Jones, and Dean Willis.
Item 1: Roll-call Attendance:
Roll call.
X _ David Zaremba _ _ Joe Borton
___ Charlie Rountree X_ Keith Bird
__X__ Genesis Milam __X__ Lucas Cavener
_X Mayor Tammy de Weerd
De Weerd: I will go ahead and get tonight's meeting started and first I thank all of you for
joining us. For the record it is Tuesday, August 25th. It's two minutes after 6:00. We will
start with roll call attendance, Madam Clerk.
Item 2: Pledge of Allegiance
De Weerd: Thank you. Item No. 2 is the Pledge of Allegiance. If you will arise and join
us in the pledge to our flag.
(Pledge of Allegiance recited.)
Item 3: Community Invocation by Pastor Moore w ith Ten Mile Christian Church
De Weerd: I see Pastor Moore here and I am assuming that you're here to led us in our
community invocation, so I would invite you forward. Pastor Moore is with Ten Mile
Christian Church. I will invite all of you to join us in our community invocation or take this
as an opportunity for a moment of reflection. Thank you for joining us.
Moore: Happy to be here. Heavenly Father, we bow because you, indeed, are God and
all that happens is because you allow it . You're our creator and you're the owner of
everything. God, I'm grateful that we can just draw aside for this moment in this important
meeting to recognize your reality and our dependence upon you. I pray for our Mayor and
our City Council and the decisions that they will make tonight. Thank you that they are
people that are a part of our community themselves and that they -- they juggle the
challenges and they weigh so much. So, we ask for wisdom on their behalf. God, with
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August 25, 2015
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gratitude we meet also, recognizing what a wonderful place Meridian is to live and grateful
for the other city employees and for our -- our responders in this community that serve us
and the fire and the police and the emergency personnel that come to our aid when we
need it and work to protect us. Ask a special blessing on them and their households and
we recognize how much we are blessed to just -- just be alive and to breathe and have
you in our life, in the name of Jesus I pray, amen.
De Weerd: Thank you. We always appreciate you joining us, Pastor Steve.
Item 4: Adoption of the Agenda
De Weerd: Item No. 4 is adoption of the agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: We have some additions and changes on our agenda. We would like to move 8-A,
which is FP 15-026, final plat for Fall Creek Subdivision, to the Consent Agenda, which --
and it becomes 5-E. Item No. 9-B we'd like to change and move it to become 6-C and
that is the Valley Regional Transit agreement, addendum number one agreement. We got
to amend on Item 8-E. It is a continued public hearing from August 18th, 2015. In the
Department Reports 8-A, the resolution number is 15-1085 and 10-A the ordinance
number is 15-1656 and with that I move we approve the amended agenda.
Zaremba: Second.
De Weerd: I have a motion and a second to approve the agenda as amended. Any
questions about that? All those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: FOUR AYES. TWO ABSENT.
Item 5: Consent Agenda
A. Final Order: FP 15-023 Hill's Century Farm Subdivision No. 3 by
Brighton Investments, LLC Located 5340 S. Eagle Road Request:
Final Plat Approval Consisting of Thirty-Nine (39) Building Lots
and Five (5) Common Lots on 11.2 Acres of Land in the R-8
Zoning District
B. IdaPac (Southridge Subdivision) Sewer and Water Easement
C. Development Agreement between the City of Meridian and
Michael & Linda Williams (AZ-15-006) Dunwoody Subdivision Lot
5
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D. Approval of Agreement to Asure Software, Inc. for “Resource
Scheduler Software, Hardware and Services” for a Not-To-
Exceed amount of $9,999.00.
E. FP 15-026 Fall Creek Subdivision No. 3 by Coleman Homes, LLC
Located South of W. Overland Road on the East Side of S. Linder
Road Request: Final Plat Approval Consisting of Forty-Three (43)
Building Lots and Six (6) Common Lots on 19.24 Acres of Land
in the R-8 Zoning District
De Weerd: Okay. Item 5 is our Consent Agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: As stated previously, 8-A, FP 15-025 moves to 5-E to the Consent Agenda and with
that I move we approve the amended Consent Agenda and for the Mayor to sign and the
clerk to attest.
Zaremba: Second.
De Weerd: I have a motion and a second to approve the Consent Agenda as approved in
the adoption of the agenda. Madam Clerk, will you call roll.
Roll Call: Rountree, absent; Bird, yea; Zaremba, yea; Borton, absent; Milam, yea;
Cavener, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: FOUR AYES. TWO ABSENT.
Item 6: Community Items/Presentations
A. Meridian Arts Commission - Public Art at Fairview and Main
Recommendation for Danielle Foushée’s "A Canopy of Color"
De Weerd: Item 6-A is under our Meridian Arts Commission and Hillary and Mary. I see
several of our arts commission members. Thank you all for being here.
Jensen: It's rare that you get to see all their faces, so I love that they can come up and
catch me if I fall down or something and see you visually here.
De Weerd: If you will introduce them.
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Jensen: I would be happy to. First of all, my name is Mary Jensen and I'm the chair
woman of the Meridian Arts Commission. Behind me we have Gretchen, a member of the
arts commission. We have Cheyenne, who is our youth advisory commit tee member of
the commission. We have Stephanie and Brian. Yep, we got everybody up here.
De Weerd: Thank you for your work. Thank you for joining us.
Jensen: And we are here tonight to recommend a piece of public art at the Main and
Fairview intersection. It won't be in the intersection, but near the intersection. The
recommendation that we are proposing is called a canopy of color by Danielle Foushee.
The Meridian Arts Commission is asking City Council to approve its recommendation for
Danielle Foushee's A Canopy Of Color. It's artwork consisting of a grove of colorful trees
that will be installed at the Main and -- at the intersection of Main and Fairview for these
reasons: Canopy Of Color offers outstanding contribution to the esthetic, vitality of this
high traffic location. The color is not only limited to blue and yellow, although that's what
you're seeing in the visual aid, and can bring a sense of life to that intersection. It's highly
visible, enjoyable to motorists passing or pedestrians who would linger. The proposal
serves as a middle ground between simplified artistic quality and an elevated purpose and
a deeper meaning behind the design. The proposal envisions multiple pieces of artwork
within the space, rather than a single stand alone piece, which is also different than what
you see visually and MAC has defined a grove, which is what the proposal proposes is a
possible grove of trees as more than two. Canopy Of Color is consistent with Meridian's
character and values. The trees are modern in design, but reminiscent of Meridian's
historic orchards, creating ties between our history and our present . All ages can enjoy
and appreciate the work. Canopy Of Color is designed to minimize traffic safety impacts,
designed as eye catching, but not over complicated or overpowering. There is no conflict
with ACHD regulations. ACHD has reviewed the concept and does not have any
concerns. No visibility concerns for vehicles or pedestrians. Canopy Of Color offers
feasibility of installation and long term maintenance and durability. Branches of the tree
will be tall enough to prevent risk of vandalism or climbing and slanted to prevent moisture
from accumulation or bird habitat . Acrylic disks will be easily -- easy to replace in the
instance of vandalism or wear. Canopy Of Color received several favorable public
comments. For these reasons MAC voted unanimously in favor of Canopy Of Color as its
first place recommendation. Oh, great. And this is the site as it currently sits. I would be
happy to entertain any questions.
De Weerd: Thank you, Mary. Council, any questions?
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: Mary, first off, just kudos to the arts commission. You guys are accomplishing
what seems to be more and more every year. It's awesome to see you guys come back
with these awesome recommendations. It sounds like probably three canopies or three
pieces in probably what we can expect?
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Jensen: We are working with the artist, once it is approved . It's going to be a minimum of
two as per the art commission. We are hoping to see more, yes.
Cavener: Okay. And, then, do you have an idea as to what colors? I just was curious.
Jensen: I really like the yellow and blue, but --
Cavener: I think it looks really nice.
Jensen: Again, we are open to suggestions and suggestions from the artist as well . And
from City Council.
Cavener: Great. And maybe you touched on this, the height, then, when the thing is
completely built, I understand there is probably going to be some separation -- I love that
-- to prevent climbers.
Jensen: Right.
Cavener: I know my eight year old that would be the first thing he would want to do, so
when it's fully built how tall do you expect it to be?
Bodnar: Twenty feet tall.
Cavener: Twenty feet.
Bodnar: Total.
Jensen: Twenty feet. But we are -- I think the first branch starts at --
Bodnar: Eleven.
Jensen: -- 11. As proposed.
Cavener: Madam Mayor? An additional question?
De Weerd: Yes.
Cavener: When looking at the current site is it going to go to the left of the sidewalk, to
the right of the sidewalk? In the middle of the sidewalk? Has any of that been
determined?
Bodnar: No.
Jensen: I don't think it would be -- I think it would be on either side of the sidewalk
throughout the space.
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Cavener: Okay.
Jensen: There would be a grove. So, if there were three they would be on both sides of
the --
Cavener: You would potentially walk underneath it then?
Jensen: Uh-huh.
Cavener: Great. Thank you very much.
Jensen: Thank you, Councilman Cavener.
Milam: Madam Mayor?
De Weerd: Yes, Mrs. Milam.
Milam: I have a few comments and a question maybe to answer. Being part of your
group I realize how much work and time was spent on this project and -- and it was really
great being a part of that decision and how you came up with this recommendation. In
reading the description, some of those pieces are as big -- as large as three feet in
diameter; is that correct? And, personally, my -- my -- what I would like would be -- I like
the blue and yellow, but I would -- to me a grove would be several trees in different colors.
I think that would be a beautiful addition to that corner. I think that was it. But thank you
so much for all of the time and energy that you put in. I think you made a really wonderful
decision.
Jensen: Thank you. I appreciate your recommendation. It should be noted that in the
artist's proposal the reason she chose blue and green was -- or blue and yellow was
because when the sun hits them a certain way and they are overlapping, then, you have a
third color that comes through, so there would also be a green involved and I'm sure that
could be taken into consideration with several other colors as well.
Milam: Madam Mayor? Also an item I wanted to clarify, maybe to Mr. Cavener's
comments, but the -- but the artist in the proposal said as many as -- she would make a
grove, as many as the financial amount would allow.
Jensen: Correct.
Milam: And so there was no exact number, which is why the commission decided that
more than two, which is a minimum of three, would be considered a grove, but we are
hoping for more; is that correct?
Jensen: Correct.
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Milam: Thank you.
De Weerd: Other comments? So, I -- I was aware that your conversation -- I understand
that the public had -- had weighed in and were excited about the children. And I think
probably the story was maybe even more compelling than the -- the children's statute
themselves and the discussion of the Council -- or the commission was that that is a piece
of art that is more -- that the public needs to interact with. This location here is -- is not
conducive to that. It's more auto oriented. You're not going to get out of your car and
interaction with the -- the public art. So, I know I have talked to a couple of you about -- it
seems like the commission did like this and the story and I would like Council to kind of
consider that, as well as the commission, to discuss it and maybe looking at that as a
piece that's here at City Hall and the City Hall plaza. Again, you can see kids and adults
alike taking selfies with them and I think children bronze that are very interactive like the
ones that were proposed in other communities where you do see the public really interact,
sit by them, you know, want to be part of their group, whatever. And so I -- I understand
that you will be talking about that at --
Bodnar: It's on the next agenda.
De Weerd: Cool.
Jensen: And, Madam Mayor, if I may. I can speak a little bit to the discussion around
those -- that particular proposal. We all were very impressed with artist and the bronze.
We also did take a look at all of the public comments and were happy with the response
that we got back to -- actually, every one of our finalists had favorable responses in the
public comment, as well as some negative, but for the most part they were all favorable.
When we -- we spoke about that specific -- the bronzes by Daniel Borup, we were kind of
feeling like the -- the number of bronzes in the city was something to consider for -- like
you said, for that specific corner, we wanted something a little bit different, because there
are several bronze statutes already within the city and the city parks and although we love
them, we needed to -- we felt like we needed to put a different art form at this public piece.
But all of us did appreciate the many public comments that came in with that proposal, as
well as it's a beautiful story that went with it. All of us felt that possibly a park, a library.
We hadn't considered City Hall, but I don't see why that would be an issue . And schools,
the project with the YMCA, something along those lines may be a better fit for those
bronzes, like you said, where people could come up and really see and interact with them,
rather than a busy corner where you would just drive by and not notice the detail.
De Weerd: And -- true. I hung out at Kleiner Park with my grandson and as you're sitting
there watching your kids play, to see the kids interact within the statute of Mr. Kleiner's
grandson is quite entertaining. It's endearing. It's something that is pretty special and I
think that's what's special about this community is the value that we have on our youth
and that interactive play. So, I appreciate that you have it on your agenda and you will
discuss that a little bit further. So, any other comments or questions from Council?
Bird: I have none.
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De Weerd: No? Well, thank you for being here and thank you -- as Mrs. Milam
mentioned, I know that there is a lot of work that goes into the call to artists, the jurying of
the submittals, the great debates as you try and pick the right one for that spot and for this
community. We appreciate your time and talent that you bring to the table. So, thank you
all very much.
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: All that being said, I move that we approve the recommendation of the arts
commission to -- for Danielle Foushee's a Canopy Of Color at the corner of Fairview and
Main.
Bird: Second.
De Weerd: I have a motion and a second took approve the recommendation from the
Meridian Arts Commission. Any discussion from Council? Madam Clerk, will you call roll.
Roll Call: Rountree, absent; Bird, yea; Zaremba, yea; Borton, absent; Milam, yea;
Cavener, yea.
De Weerd: All ayes.
MOTION CARRIED: FOUR AYES. TWO ABSENT.
De Weerd: So, next steps are -- you will sit down with the artist to determine the number
of pieces --
Jensen: Right.
De Weerd: And the cost. Negotiate the cost. So, that will come back to Council. I know
that we have funds from the Meridian Development Corporation that will be paying for this
art and so we will look to see how that agreement turns out.
Jensen: Thank you so much.
B. Discussion of Ownership of Parcel at Southeast Corner of
Fairview and Main
De Weerd: Okay. Item 6-B is kind of a follow up to this. The ownership parcel -- or the
ownership of the parcel on which this public art will reside has been an item that Ada
County Highway District owns and wanted to have a discussion by the Council regarding
that ownership.
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Nary: Madam Mayor, Members of the Council, I will put this up real quick so the public
can see. I'm not totally sure how to make this clearer. Madam Mayor, Members of the
Council, so I guess to follow up to the last discussion, this location -- I mean, obviously,
there is a little bit more than it's in the drawing, but this location -- corner, as you recall,
used to be a curve, there used to be a traffic lane there. Now that it's just become part of
the corner ACHD did inquire if the city would like to take ownership of this piece . We
already have a maintenance agreement to maintain it and so we discussed that with the
Parks Department, because they would probably be the ones to manage it and deal with it
and they had no objection to adding this to the city's inventory of property . If you would
like us to proceed with that we can get into that -- a little more discussion when we get to
some clarification from the highway district and they would do the metes and bounds
description and all the legal necessities. You will notice it's kind of weird -- and I'm not
sure why the highway district did it this way, but the portion that's purple is the corner -- is
the portion they own, so part of that berm is actually -- is part of the parking lot of that
shopping center, but, again, I don't know that it really matters that much. I mean there is,
obviously, a piece of it that we maintain as part of that corner, but, anyway, if you would
like to us to continue that discussion with the highway district I just needed your direction
to do that, so --
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Yeah, I would love us to continue to see what we need to do to acquire that. I have
a problem spending the money we spend on art deals and putting it on somebody else's
property. So, I would like to see us get on this and see what we have to do to get it.
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: Bill, can you just walk me through what the process looks like? What would
happen after -- if we go forward with that?
Nary: Sure. Madam Mayor, Members of the Council, Council Member Cavener. If the
direction of the Council is to move forward, what we would do is enter -- they would enter
an agreement with us to transfer the ownership of that property to the city. They would
have to make a declaration at their council -- or commission level to approval the transfer
of the property, because they can only give it to another public entity like ourselves. They
would prepare a metes and bounds description, so we would have something to record as
the deed for the property. Like I said, right now the only issue really -- I mean we already
have agreed to maintain it, so there really isn't a great deal of impact otherwise. There is,
obviously, irrigation that's in this corner now, but we are responsible to maintain it anyway.
So, I don't really see any other liability, concern, or issue that we have other than that.
The reason the discussion come up is we asked them if we need a new license
agreement to put art on this corner and the other agreement we already have where we
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August 25, 2015
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put the Under The Sun piece covers this corner. So, they just said, well, we don't need a
license agreement, but, by the way, would you guys just like to take ownership of it
instead, so --
Cavener: Great. Thank you.
Nary: We will -- in the discussion, we will bring the agreement back to you if it all works
out.
Bird: Bring the agreement back.
Nary: Great. Thank you.
De Weerd: So, Bill, maybe when you bring it back or Caleb can bring that piece of
discussion to his all things transportation, but there are other parcels that were part of the
split corridor that the city maintains and that are not on the agenda to discuss regarding
ownership, but because we do maintain them it's worth having the discussion about the
transfer of ownership on those, too.
Nary: And, Madam Mayor, Members of the Council, we actually anticipated that question
potential, so we did ask if that was something within their policy at their -- at least their
legal department level. The median islands are ones they maintain ownership on. That's
their policy. So, I think if the Council desires to have a further discussion it may require a
discussion with the director or with the commission itself as to whether or not they want to
do that. But we did ask to say if that were to come up in this conversation what we tell --
why is this different and, basically, this is no longer a median, it's really just part of the
corner and those other ones are actually medians in the middle of the road . So, that's
why they maintain ownership.
De Weerd: Well, as we expend ownership -- or maintenance resources in maintaining
their property, I think it needs to be a discussion that we have.
Nary: I totally agree. And, like I said, it may just be something that needs to be a little
higher than the staff level.
De Weerd: Okay. Well, we will talk about that may be some ideas under all things
transportation in the next week or two.
Nary: Great. Thank you.
C. Valley Regional Transit Cooperative Agreement Addendum No. 1
De Weerd: Okay. Thank you. Okay. And we added an Item C to this item, which is our
Valley Regional Transit item, which moved from 9-B, to talk about the cooperative
agreement.
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Hood: So, Madam Mayor, Members of the Council, Kelly Fairless and I played rock,
paper, scissors before and I lost, so I will actually be p resenting, but Kelly is here, the
executive director of VRT, if there are any questions about what I'm going to talk to you
about and it's pretty brief. But in fiscal year 2014 the city and VRT entered into a
cooperative agreement. In that agreement the city agreed to provide up to 30,000 dollars
reimbursement for senior transportation services. The City Council had agreed to provide
up to that 30,000 in local match in 2015 as well. However, in October of 2014 when the
city and VRT entered the cooperative agreement for 20 -- for FY 2015 service, the senior
transportation service, also known as the community link services for older adults and
persons with disabilities, was inadvertently left out of that agreement . The cost to the city
in FY 2014 was two dollars a ride, so the total cost to ride is ten dollars and we pay 20
percent of that, so two dollars -- with eight dollars per ride being covered by federal funds.
That FY 2015 funding level that the city committed to is still 30,000 dollars, but as of
November 2014 the per ride cost increased to 15 dollars a ride, with the city's 20 percent,
then, being three dollars per ride right as our match. So, the addendum before you
tonight includes the senior and disability service reimbursement up to 30,000 d ollars.
Again, Kelly is here if you want to have more details about that service . I heard her talk
about that. There has been some discussion, but, again, this is just an oversight in that
agreement and we need to do this addendum to make sure it's part of our agreement
between our two agencies. I will just, as a side note, there is a cost. An invoice was sent
to Finance, so kudos to Finance to say we don't have any agreement saying we pay you
for this service, so that's kind of a cleanup item where we have been receiving some of
this service, but we are starting charges for it and, again, Finance caught that error, so --
also put us to legal for help for the addendum in particular, so --
De Weerd: And it's all well under the amount that was allocated, but I guess, Kelly, if -- if
we could talk about -- that's a pretty big increase in cost from ten dollars to 15 dollars .
What are some of the influencers to that increase?
Fairless: Madam Mayor, the first proposal, that ten dollar rate, was based on a
guesstimate on our part as to what the actual cost per trip was. We do require all of our
community link providers to provide us with a detail cost estimate so we get the detail of
all of their budget items to verify the rate and we think that's a reasonably verified rate for
the Senior Center. The -- the cost range for -- depending on how the service is delivered .
Some of our senior centers are able to justify up to a 23 dollar cost. So, that's the highest
we are paying. I believe that's the Parma Senior Center. Some of that has to do with the
distances that they are traveling as well. The Eagle Senior Center is slightly above the
Meridian Senior Center, so when Eagle provides those trips, the city of Meridian's cost will
stay the same, because we are also supplementing your trips with the Area Agency on
Aging dollars. So, we are able to level that out so your cost will always stay three dollars
per.
De Weerd: What is the ridership?
Fairless: The ridership has continued to be fairly low. W e just got Eagle Senior Center on
board. Meridian Senior Center has been providing their traditional trips that they have
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August 25, 2015
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been providing. We are -- we now have the federal dollars actually in a grant that's taken
us a couple of years to get that, which is sad to say -- to get that through the federal
process. We haven't done a lot of marketing because we didn't have the federal dollars .
We didn't want to market them. We also are working with Star Senior Center, Eagle
Senior Center and Meridian Senior Center to be able to expand the reach and provide
more -- more trips and actually one of the citizens that has been requesting the trips, we
were able to provide transportation through a veteran van, which is really the model we
want to try to develop, which is -- we want to provide the best trip for the most cost-
effective and so we were able to use the veteran van . He's actually participating in a
community process with stakeholders and partners to try to take the service to the next
level now that the federal dollars have started to flow in. So, it's not where I would like it to
be. We are going to be working at that very hard over the next year to really get that up to
be what it needs to be.
De Weerd: We know there are some challenges there in terms of letting our -- our senior
community know that those trips are available, as well as our disabled community as well.
If -- so, where best do you direct phone calls and questions? I know they have been met
with resistance when they call the Senior Center, so does VRT take those phone calls?
Fairless: Yeah. We would encourage people to call 345-RIDE. We have been really
excited about the partnership with the Eagle Senior Center. They are actually beta testing
our reservation system, so if they call 345-RIDE the reservationist can actually put the trip
into the system and, then, we try to find a provider that can provide that service. So, they
are testing and working out the bugs and the goal is within the next six to eight months
that we will have all of the senior centers that are participating in the transportation
service, including, you know, we want to work with Kuna Senior Center, they could also
provide some of the trips to the -- that side of the interstate to City of Meridian. So, you
know, our goal really is to bring in multiple providers and it's not just a senior -- Meridian
Senior Center service, it really is service to your community and your geographic
boundary and I don't think you care which providers provide it, it's really about providing
the trips.
De Weerd: Absolutely.
Fairless: Right.
De Weerd: Amen.
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: Just wanted to make sure that I didn't mishear. Did I hear correctly that both --
VRT operates the senior transportation program and the Meridian Senior Center also has
their own program?
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August 25, 2015
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Fairless: Madam Mayor, Council Member, Valley Regional Transit is coordinating the
program. We are trying to build a network of transportation providers through our federa l
5310 program that would be matched with federal dollars and , then, local dollars to try to
have a network of transportation available throughout the region . The Meridian service
was kind of our first step in that direction . Now that we have the federal funding available,
we actually also have contracted with his CCOA, which is a provider in Canyon county.
City of Parma. We are working with the Kuna Senior Center to bring them into the
network and we are hoping this -- I guess it's kind of a Community Link 2.0 process where
Mr. Dunlap's actually going to participate in that process to help it -- help us design it so
it's desirable to the customer, operationally feasible, as well as financially viable into the
future.
Cavener: Okay. Great.
De Weerd: And thank you for working with him.
Fairless: Yeah. Thanks.
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: Kelly, is the increase in the fee based on the low ridership or is it -- do you think
that -- I guess where I'm coming to is do you think that when the -- when the ridership
increases so there is -- we have full transportation vehicles that the price will go back
down?
Fairless: I don't anticipate the price going down. I think that the price that was quoted
originally was probably lower than it should have been and I think this is the more realistic
price. It really depends a lot on how much -- how much is funded through volunteers
versus paid drivers. That's why the more -- like if a driver is actually being paid by the
Senior Center, which we would encourage. I mean there is really enough of funding --
and that's a pretty affordable cost per ride rate for a service like the Parma Senior Center
is providing. It's a lot more consistent when it's a paid driver. Not every senior center
approaches transportation that way and there is flexibility in this , so that they can
approach it however they would like . But the -- I think that this is a much more realistic
cost per trip based on what it actually cost s to deliver that trip and we will keep a really
close eye on that. Like I said, we do an analysis of -- of the budget to make sure all the
expenses that are included in that are legitimate and justifiable .
Milam: Perfect.
De Weerd: Any further questions? Okay. Well, thank you, Kelly.
Fairless: Thank you.
Meridian City Council
August 25, 2015
Page 14 of 46
De Weerd: Thank you, Caleb. Council, I think you have an agreement in front of you.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I move that we approve the amendment number one to the Valley Regional
Transit cooperative agreement and for the Mayor to sign and the Clerk to attest.
Bird: Second.
De Weerd: I have a motion and a second to approve Item 6-C, which was formerly 9-B.
Any discussion? Madam Clerk, will you call roll.
Roll Call: Rountree, absent; Bird, yea; Zaremba, yea; Borton, absent; Milam, yea;
Cavener, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: FOUR AYES. TWO ABSENT.
Item 7: Items Moved From Consent Agenda
De Weerd: There were no items moved from the Consent Agenda.
Item 8: Action Items
B. Public Hearing Continued from July 21, 2015: RZ 15-008 Avebury
Subdivision by Avebury Development, LLC Located North Side
of E. Pine Avenue and West of N. Locust Grove Road Request:
Rezone of Three (3) Acres of Land from the L-O Zoning District
to the R-15 Zoning District
C. Public Hearing Continued from July 21, 2015: PP 15-007 Avebury
Subdivision by Avebury Development, LLC Located North Side
of E. Pine Avenue and West of N. Locust Grove Road Request:
Preliminary Plat Approval Consisting of Fifteen (15) Single
Family Residential Lots and Five (5) Common Lots on
Approximately Three (3) Acres in a Proposed R-15 Zoning
District
De Weerd: Item 8-A was moved to the Consent Agenda, because we did have
agreement from the applicant to all staff requirements . So, 8-B is a continued public
hearing on RZ 15-008, 9-C -- or 8-C is -- also continues on PP 15-007. I will ask for staff
comments on these two items.
Meridian City Council
August 25, 2015
Page 15 of 46
Parsons: Thank you, Madam Mayor, Members of the Council. As the Mayor alluded to,
this project was continued from the July 21st hearing. Just to get you oriented to where
we are located again and give you a quick synopsis of the project. The property is located
on the north side of East Pine Avenue just west of North Locust Grove . The applicant is
here tonight again to request your approval of a rezone of three acres of land from the L-O
zoning district to the R-15 zoning district in order to construct 15 single family homes. The
Council continued this item for the sole purpose of having the applicant come forward and
bring -- at least clarify four additional items in order for you to make a recommendation or
make a decision on this application and the -- the exhibit before you this evening shows
you what the applicant has done based on those four -- those four criteria that you laid out
at the last hearing. The first item that Council wanted clarification on was the lighting for
the proposed development. You can see here in this graphic that I have depicted the
three street lights that the applicant is proposing to install with the development along the
north boundary. So, one at the end of the common driveway and two lights will be at the
intersection as it comes -- as they enter off of Danbury Fair Subdivision. Another item
was the pedestrian connectivity through the development and how it would tie into the
multi-use pathway developed by the city. I have delineated that pathway alignment in the
blue line on this exhibit. A third item that Council wanted to address was send the
applicant back to Nampa-Meridian Irrigation District and see if they were willing to
entertain additional landscaping within the Five Mile Creek easement area. The proposed
landscape plan -- revised landscape plan before you this evening shows that the applicant
was able to work with Nampa-Meridian Irrigation District and was able to increase that
landscape buffer along the frontage of the development here -- as you see here. So, they
are gaining approximately ten more feet of landscape buffer in front of the proposed
development and, then, that would be on the north side of the existing gravel road that
exists in front of the creek today. One of the addition -- the fourth item or the last item that
was brought up was additional landscaping as you enter off of Kildare, I believe. The
applicant has added a new common lot and landscaped that with shrubs and trees located
here in the northeast corner of the development. That will be a common lot that will be
owned and maintained by the HOA to mitigate some of the concerns from the neighbors
on how that would look -- the aesthetics of that as you enter into the development . The
two items that staff would like clarification on this evening from Council still would be -- in
my presentation back on the 21st was -- if you recall, the applicant was requesting Council
not require the five foot attached sidewalk on the north boundary of East Asbury Avenue,
which is located along the roadway here. As a condition in the staff report staff has a
condition in there that says if Council waives the sidewalk, then, we are looking for the
applicant to put the sidewalk in front of the buildable lots. If a sidewalk -- well, let me
rephrase that. The condition as it reads says that if the sidewalk is not in front of the
homes for this portion of the development the applicant shall construct a five foot sidewalk
on the north boundary of the public street. I know in looking at the public record before
the public hearing this evening Councilman Borton alluded to that he wasn't -- he was in
favor of not requiring the five foot sidewalk on the north boundary of the road . So, I do
bring that to your attention this evening. And, then, of course, the other item that I brought
up pretty heavily at the last hearing was providing that five foot sidewalk in front of those
homes within that easement. The plan, again, this evening does not incorporate that
sidewalk and as you recall I also was advocating that we had the front -- front of the
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August 25, 2015
Page 16 of 46
homes facing Pine and the entrances into that home would be also from that sidewalk in
front of those homes. Again that is not addressed. The applicant is still depicting side
entries, as you can see here in the revised landscape plan. Other than those two items,
the applicant did provide you an updated letter that addressed those four items that you
wanted him to bring back to you. Staff has not received any additional written testimony
this evening and with that I would stand for any questions you might have.
De Weerd: Thank you, Bill. Council, any questions for staff at this time?
Bird: Not at this time.
De Weerd: Okay. Would the applicant like to make comment? And tonight we are just
talking about those four different areas, unless Council has a question on any of the other
items, but if you will keep your remarks focused on those four areas.
Schultz: Thank you, Mayor. Matt Schultz. 8421 South Ten Mile in Meridian. Thanks for
continuing our last hearing so we could go back to Nampa -Meridian Irrigation and see if
they would give us a little bit more along the Five Mile Creek easement . Bill did a good
job of presenting the changes that we did and in my letter is exactly what he covered .
Essentially, we are able to landscape an additional -- an average of ten and a half feet
along the 550 feet of frontage to the north edge of the existing gravel road, which is a
couple feet off of the top of bank . So, from Pine you have -- this goes down, you have a
couple feet. If there is a road and, then, the landscaping will start, instead of having a ten
and a half foot of no man's land, if you will. It will now be irrigated and maintained and
green. So, it, essentially, tripled the amount of landscaping we had along there, which is a
good thing. It's what we always wanted to do and you guys kind of forced us to figure that
out earlier in the game to make that -- sure that that's something that's going to be
required by the city and we are glad to do it to improve that frontage and we would rather
mow grass than weeds. So, bringing up the positive and that goes along with the 38 trees
that the developer is providing out here on this little site. We did add that little triangle, if
you will, about 30 by 20 triangle at our northeast corner -- thanks -- to provide a little bit
more visual enhancement, if you will, from the cul-de-sac residents there. Instead of
looking just at a bare fence they will look at that, which it's not a huge deal for us, but it
probably goes a long way with the neighbors I hope . It will be city enforced. It will be
required of the developer to put that into the common lot. So, we thought we would do
that. We did have the streetlight, as Bill said. You have a little better streetlights back in
that back corner and, then, the Mayor I know suggested we provide some signage saying
Five Mile pathway this way at end of these -- in these cul-de-sacs. We added some
signage to direct people to the Five Mile pathway and one of the things the developer
asked last time is if that blue line, at least from the -- from the parking -- or at least from
our property across to Danbury Fair to be city maintained and the city said we would
rather you maintain it, which -- which is fine. I mean that's what we will have to do, but it
kind of goes back to Mr. Zaremba's question last time about, you know, how do you
determine lots and that's just one more maintenance cost and that easily spread out
amongst these homes and so -- so, you know, there is a big difference between 12 and 15
lots on a per year basis of maintenance costs. It's pretty huge. Probably 25 percent or 30
Meridian City Council
August 25, 2015
Page 17 of 46
percent. So -- but we would like -- we would like the staff report to acknowledge, if it so be
your decision to move us forward t onight, that the condition to build that pathway is still
subject to the Danbury Fair HOA reasonably giving an easement. All indications are that
they will, but until you get it signed you don't know, and so we will try our best to get that
easement from them. They have to sign a document that says we got to build it, we got to
maintain it and so we have been working with them . It's a couple hundred feet of sidewalk
there that goes in the unimproved area that -- from 20 years ago that they didn't have the
level of detail that we now have as we move forward. The last issue really is the sidewalk.
We are strongly in favor of approving it as submitted and approving it as depicted here
without the sidewalk in the rear of the lot. I just -- the rear of the lots. We feel that that
would kind of destroy the integrity of some private open space . The blue line over here is
more of a -- it's outside of those backyards. It's for the connectivity of not only our
residents, but also Danbury Fair as residents over to the Five Mile pathway and it's
separated by a fence that runs along the se backs, 15 feet of landscaping from the
backyard. So, we think there is probably some great detail. We think it's a good project.
It's -- and it is single family detached under the R-15 and we ask for your approval.
De Weerd: Council, any questions?
Cavener: Not right now.
De Weerd: Okay.
Schultz: Thanks.
De Weerd: Thank you. I did have several people sign up on the sheet in the back . When
I call your name if you would like to provide testimony I would invite you forward .
Remember, we are just concerning the four different areas for testimony tonight . Greg
Fastabend is signed up against. Good evening. If you will, please, state your name and
address for the record.
Fastabend: Good evening. My name is Greg Fastabend. I live at 1101 North Shreveport
Avenue, just a few streets down from this proposed development .
De Weerd: Thank you.
Fastabend: I have testified before and I'm surprised to see th at, again, the applicant has
brought this project forward without clarifying the elevations. We have had many
discussions about the landscaping and I think the biggest issue is this sidewalk as
proposed by -- by staff in making this a good development for Meridian. In order to get
the kind of artistic view and acute modern development that the applicant is proposing, he
has submitted elevations that show nice front houses with a front -- with a front sidewalk
and nice entrances, which would meet the kind of appeal that he says this project is going
to bring to the city. But, instead, they are going to put front side entrances along the
driveways and I have brought a picture of a -- well, it's rotated. This is a very similar
development that's going in on Vista Avenue where you can see the kind of a side yard
Meridian City Council
August 25, 2015
Page 18 of 46
side entrance between these narrow shotgun homes and you can't tell me that trying to
sell this -- as a realtor that this is the kind of nice modern home that's going to bring
200,000 dollars and attract people to this development. When you fill this side yard with a
sidewalk and an entrance that you can barely see and , then, you walk these people up to
the garage door, which is the front of your home, and say, oh, no, your house looks great.
You just have to go into the backyard and look at the back of the house, because that's
the cute side. It really doesn't make for a good project for our city. These kinds of in-fill
development have caused a lot of contention and problems in the city of Boise to the point
that they have developed their own zoning category for these types of high density in-fill
projects where existing single family homes are torn down and multiple shotgun homes
are added into the lots. If we look at how this development is sitting right up against some
of the existing homes, especially in Lot 1, you have a 60 foot long, two story building that's
only a few feet off the fence line. So, these existing homes now have a huge wall of this
new project with no mitigating landscaping, no buffer between that house and the new
development. So, this is not working to gradually bring in these homes . This developer is
just throwing this right up against the fence and saying, well, it meets code, so it should be
fine. We need to be looking at these kind of projects as ways to effectively improve the
City of Meridian and as the city has seen it in the original discussion on this plan was that
having those front entrances that face Pine provide a nice scenic view as people are
coming into downtown Meridian. If we try to make these -- this side of the homes
backyards people are going to put up landscaping, they are going to have fences -- it
doesn't produce this kind of nice front entry that the developer claims this project is going
to bring. In saying that we need to create private side yard s -- or private spaces for the
tenants, taking the easement that the developer -- the developer has included to give the
side yards where he wants to throw the se sidewalks -- if those were enclosed as private
spaces they would be even larger than these little backyards that he 's proposing. I would
-- I'm sorry that my time is up. There is a lot of issues that we have brought up, but I think
this is the most significant in how this project is bad and should not be approved as
written. Thank you.
De Weerd: Thank you. Council, any questions?
Bird: I have none.
De Weerd: Appreciate it. Don Weatherhead. Thank you for joining us. If you will,
please, state your name and address for the record.
Weatherhead: Don Weatherhead. 1049 Petersburg Way. I'm in the cul-de-sac that is
right behind the project. Mayor and Councilmen. I spoke to you last time -- we were here
last month and, you know, I told you that I had drove around the city, you know, and I had
looked at three acre, two acre, five acre developments and I -- honestly, I -- there is
nothing in this city that has the density that this has . So, maybe two, three months ago
when he brought this project to Planning and Zoning he only had 13 units and they turned
him down. Now, he's skipping Planning and Zoning and he's coming to you with 15 units
and it's like -- it's almost to a degree of arrogance. I don't know how else to say it. But
he's -- he's putting 15 units. Now, it's my understanding that these units are somewhere
Meridian City Council
August 25, 2015
Page 19 of 46
in the neighborhood of 1,300 square feet. He has some wiggle room I guess. I -- we don't
quite understand how this works. Thirteen hundred square feet, maybe up to 15. So,
does that mean that some will be bigger tha n others or -- I mean he doesn't really clarify
that and so that's like, duh, what does that mean? So, I'd like to just tell you that 16 years
ago we moved into our home. It's 1,350 square feet. And I'm assuming I'm no different
than you folks. Within a year or so as we grew into our home all my toys and barbecues
and lawn mowers and all the stuff that I accumulated, I -- my garage is pretty crowded.
So, I had to put a -- a shed, you know, so I can put all my stuff in the shed. So, that being
said, in reality what are these people going to do after a couple years when they
accumulate all this stuff? Where are they going to put it? They are going to put it in the
garage. So, that -- that being said, after a few years down the road these people are
going to be parking in the driveways and so where are the kids going to play? He doesn't
tell you -- he doesn't give us any idea where these kids are going to play , you know, and I
was scared to death last time I believe it was like a four foot fence that s eparated the
project from the ditch and that's pretty scary, four foot. Well, when I drove around the city
and looked at properties that -- alongside the ditches they were all, you know, six foot and
higher fences and I don't see that in this project . So, my biggest concern is --
De Weerd: If you can wrap it up.
Weatherhead: You know, what happened to the 13 units? Why? And, then, you know, I
would like to see the Council ask for a traffic study, because I -- we are all convinced that
within a few years down the road with these kids and guests, company, they are going to
impact these cul-de-sacs. So, I just strongly I think this is not a good thing for the city.
Thank you.
De Weerd: Thank you.
Cavener: Madam Mayor? Sir, can I ask --
De Weerd: Sir?
Cavener: Don?
Weatherhead: Yes.
Cavener: Could I ask you a question? Don, if I remember correctly from your testimony
last month you live on the cul-de-sac that's near the added landscape common lot; is that
correct?
Weatherhead: Yes.
Cavener: And if I remember correctly you had some concern that lights or people would
kind of be into your yard and your area. My perception is that the developer has added
this common lot to address that concern and I was hoping maybe you would provide some
Meridian City Council
August 25, 2015
Page 20 of 46
testimony or comment specifically to that, because my opinion is that was done as a result
of your testimony from last month.
Weatherhead: Well, thank you, sir.
De Weerd: Sir.
Nary: You have to be on the record, sir.
Weatherhead: By the microphone.
Cavener: But is it --
De Weerd: I can let him know.
Nary: You can point on there.
Weatherhead: Well, if you look up there.
De Weerd: Sir.
Nary: You have to talk in the mike, sir.
Weatherhead: Oh, I'm sorry. I'm not used to --
De Weerd: I can tell him.
Nary: Oh. Sorry.
Weatherhead: Okay. But, in all reality, he's added some -- I don't know what it's going to
be, a tree or a bush or whatever, he doesn't really tell us, but he's adding some kind of
landscape over here in the corner and he doesn't really say anything about , you know,
these trees or bushes or what they are, you know. I mean this -- I don't -- as Greg told
you, he's -- he's building this great up to the fence. There is no landscape to -- from what
I can see that's going to be between the fence and the current existing houses . You
know, you know what I would really love to see, you know, and I -- pardon me. But I
would like to see the owner donate this piece of property to the city and to the
neighborhood and take the tax write off and maybe we could build a nice park or do
something for it, but this is just -- these are like Army barracks and have you seen the
front of the buildings yet? We haven't. I mean he hasn't shown us what the front of the
buildings are going to -- I mean, you know, where the entrance -- the door. It's like, oh,
my gosh. I mean Greg showed you that the deal where there was just this much room.
Where are these kids going to play?
De Weerd: Well, we will certainly ask the --
Meridian City Council
August 25, 2015
Page 21 of 46
Weatherhead: This is terrible.
De Weerd: -- applicant to respond to that. Mr. Cavener, did you have any additional
questions?
Cavener: No. Mayor. Thank you.
De Weerd: Okay. Anyone else? And thank you, Don. Brian Turner. Signed up against.
Thank you for joining us. If you will, please, state your name and address for the record.
Turner: My name is Brian Turner. I live in the subdivision near this development at 1345
East Shelbrooke Drive and I know -- I apologize. Basically I know that my disagreements
are -- the city code don't govern them, so I use this as a forum to, basically, communicate
back to the developer and I will just keep it to -- my main concern is the -- the closeness of
Lot 1 to the backyard of the house there and Greg -- and Mr. Fastabend brought that up.
It's just so close to the property line and two stories -- it's disrespectful to the neighbors
and it's just my main disagreement.
De Weerd: Thank you, Mr. Turner. Is there anyone else who would like to comment?
Yes, ma'am. Please. Thank you for being here.
Fern: Thank you.
De Weerd: If you would, please, state your name and address for the record.
Fern: Gloria Fern and I'm at 1025 North Kildare Place. I just have two comments to
make, but I wanted to make it clear that the person who just spoke -- is there like a little
pen here? The additional landscaping is what I asked for the last time. This gentleman
that spoke before the last gentleman, I don't think that it -- the landscaping was something
that he had asked for in that corner, but I certainly did and I do appreciate that they did
come forward with some kind of a plan. I do think that the trees are really small. They are
two inch caliper trees. It is a deciduous tree that they are going to be putting in, so that it
is going to be green through the winter months and will not lose its leaves, but I would like
to see a larger tree, at least three inch caliper. The other thing that I wanted to make a
comment on was the -- the pathway. I would like to see the pathway join up with Kildare
Place. I'm seeing that it's actually starting over here on -- on St. Petersburg as you come
there. It would be nice if it could go along the -- from Kildare Place over to the -- the St.
Petersburg and join in that way, so that we have a place to get there from Kildare Place if
-- which would -- which would help all the people in -- on that side of the subdivision. So,
it starts over here on St. Petersburg. I would like to see it -- can someone make like a
little line there and, then, up to Kildare where -- because there is no sidewalk there and,
correct me if I'm wrong, but there is not going to be a sidewalk on the north side of that
and is there a sidewalk in the back of the houses there? Oh, there we go. Thank you. I
would like to --
De Weerd: Thank you, Don.
Meridian City Council
August 25, 2015
Page 22 of 46
Fern: I would like the pathway to come from Kildare Place and, then, just go along here,
so that we have a connection there to get to the pathway. Right now there is no -- there is
no sidewalk here, so that's kind of a problem. So, we need either a sidewalk somewhere
in the back here so that we can connect to the pathway from Kildare Place and that's
really what I wanted to say is the sidewalk issue and making the trees just a little bit bigger
for that subdivision. Thank you very much.
De Weerd: Thank you. Okay. Any further testimony? Okay. Matt, would you like to
maybe address some of the things that were brought up in testimony?
Schultz: Yeah. Matt Schultz for the record. I don't have to say my address again to I?
De Weerd: No, you don't.
Schultz: Thanks. Just making sure. Thanks for all that. Some of those things were I
thought beyond the scope of the continuance, but I would be glad to address them
nonetheless. Mr. Fastabend showed some kind of picture that -- I'm not sure where it
came from. It doesn't apply to our project and we did provide elevations, both front and
back, last time. Usually --
De Weerd: Bill, can you -- I'm sorry, Matt. Can you find those and bring those --
Schultz: So, typically, what the city gets is a front elevation. The elevation where the
driveway is, where people take access. What you have from us was not only the front,
which were some pictures previous to this -- or there was some other pictures. If you can
go back. So, that's -- those are the elevations off of the entrance, but something the other
projects never provide is what happens in the rear. We provided that, too. And they are
very cute, they are very over articulated. Usually staff provides a comment to articulate
the rears. Well, we have overarticulated the rears. So, what you have got is a really --
you have got -- which is this. This is our rear modified to not -- not have that sidewalk
coming in. This will be a rear slider door or whatever in a backyard. So, you're getting the
best of both worlds of having more architecture on the record than you usually get and I
know this, because I have brought them forward and usually just get a condition that the
rear be articulated. Well, you can see that it's very well articulated and probably more so
than if you just provided that condition.
De Weerd: And so your rear will have doors?
Schultz: It will have a door, but it will be like a sliding glass door. It will be like they will
have living room access to the backyard. It will be a door to the backyard.
Bird: Those don't show a sliding glass door.
Schultz: They don't. This is our project. This is in southeast Boise. We are developing a
new -- a new product here. We are not copying somebody else's completely. We are
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August 25, 2015
Page 23 of 46
taking this, we are modifying it. This is a picture -- a real picture, something that's actually
been built, instead of a sketch, that we would like to emulate mostly, with some slight
modifications to the door.
De Weerd: For the solid door it would have this --
Schultz: Yeah. It would have that field that you see off of -- off of Pine, which I think is a
-- very much a positive thing that you're getting this kin d of architectural treatment. This is
a good thing. This is not a bad thing. It's more than you get when homes back up to a
main road. You could drive down this way and when you look at those, you get this. You
just don't. So, this is a good thing. As far as a couple of the -- Mr. Fastabend and Mr.
Turner both have the Lot 1, Block 1, proximity issue. I believe we have nine or ten feet
there, which -- or I believe -- we meet code, but just across the fence -- a couple feet off
the fence there is a big huge shed and, you know, we are doing our part to meet code.
I'm not sure theirs meets code on the other side of the fence and their home is like 60 feet
away, 50 feet away over there on a big lot. So, there is a good separation between
homes. We are meeting code. If you would like us to provide a bigger setback there than
what we provided we can do that, but we felt like we have provided a good setback. Mr.
Weatherhead -- I'm not sure where he came up that we changed lot counts between P&Z
and City Council. I'm not that -- I have never tried that. That would not be good. We
have always submitted 15 from day one and that's what we are proposing here . We didn't
change anything. We are not that arrogant to go do that and try to run around P &Z. That
would not be good. We do have a variation of lot sizes and we do have a six foot fence.
We have always proposed a six foot fence. We have never propose a four foot fence. I'm
not sure where that one came from. So, our landscape plan has all the details. It meets --
it meets -- it's a good landscape plan. We employ top notch landscape architects. We
just say give us your best shot and they give us a landscape plan and we say , yeah, that
looks good. We have at least two inch trees. Sometimes we get two and a half,
sometimes we get twos, but that meets code in all of your subdivisions. Two. We did
provide that extra landscaping there. And other than that -- if you go back to the overall,
Bill, please. Yes. The pathway essentially does connect to the sidewalk there. I mean
that is the connection from that cul-de-sac. The red line. And that's the connection from
that cul-de-sac and, then, there is a -- there will be ped ramp on either one of these
corners crossing across the street. So, both -- both cul-de-sacs get good connection over
to the Five Mile pathway. So, all we are asking for is a waiver of the north side . Staff did
put this trade in there that if you don't do the frontage we want you to do the other one.
We would like to not do either, but if you made us do one we would rather do the one
along the north side of Asbury. Like I said, we want to maintain the integrity of those
backyards for private space. We would rather not do that, but -- destroy that by putting a
sidewalk through there. So, with that we would ask for your approval. Thank you.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Meridian City Council
August 25, 2015
Page 24 of 46
Bird: While you got the drawer there, draw me where the back fence is going to be -- or
the south fence.
Schultz: The south fence --
Bird: Because I can't tell. I can't tell by your -- your drawings what's front and what's
back.
Schultz: That is your rear fence. Just like the rear fence for Danbury is over here. Our
rear fence is here.
Bird: Okay.
Schultz: And, then, it wraps -- wraps in here and wraps in there. And, then, on the
outside of that fence, between the fence and the street, we have at least 15 feet of
landscaping. The ditch access road. The ditch. And, then, the city pathway is over here
that runs on this -- on this side. There is a detached house over there. So, that's it.
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: So, we have gone around on this so many times, I'm sorry, now I'm getting
confused. Probably more, but -- so, the -- Pine is -- so, you have the backyard where you
just want to have grass and no sidewalks in between . But you have a fence on the other
side of that, then, you have 15 foot of landscaping and, then, you have Pine. So, really,
from Pine we are not seeing a front door or back door or any really door, because we are
seeing a six foot fence?
Schultz: You're seeing landscaping before you see the fence. You're seeing 15 foot of
landscaping and a row of trees and, then, there is a fence and, then, you have the
backyards and, then, you have the two story houses.
De Weerd: And those aren't solid fences.
Schultz: Your code allows either a four foot solid or a six foot open. We have shown a six
foot wrought iron. That's what your code allows up against common areas. So, we have
shown six foot. So, really, if the landscaping wasn't there you would see the front of it.
But the landscaping is there and so you will see the second story when it's mature. There
is some privacy. Some semblance of privacy for those backyards. So, it's a tradeoff. You
know, I've seen some architecture having some privacy and having some good
landscaping.
Milam: Madam Mayor? I just don't think that looking at somebody's backyard in any way
driving down a main road is a good idea. I don't want to see somebody's backyard.
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Schultz: We do have a landscape buffer and it is 90 feet away. It's a long ways away.
Milam: That was my other question. Okay.
Schultz: It's further than most backyards. Most backyards would be about 60 from an
arterial road like this. Because of the Five Mile Creek it pushes us back another 35 feet or
40. So, it's -- it's way back there.
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: Matt, I think we talked about this last time. This is a different project. I like it. I
think doing things that are different for Meridian is a good thing. But when you do a
different project you got to make sure that we are doing everything right and I apologize if
I'm belaboring this issue and this question. Back to sidewalks. So, it sounds like, if I'm
seeing this right, East Asbury Way, we have got a sidewalk south of that. But for Lots 1,
2, 3, 4 and 5 the sidewalk is north of Asbury Way. Is that accurate as to what I'm seeing?
Schultz: What you're seeing in front of north -- of one, two, three, four and five is a 20 foot
private driveway.
Cavener: No sidewalk?
Schultz: No sidewalk. Just a driveway there is what you're seeing. And this is pretty
typical. You will see three to four, five lots. It meets the -- the maximum length code of
where you have a driveway coming off of your main road , you know, that's a 20 foot
driveway. It allows you to walk on it, because cars aren't that wide. You can't park on it.
There is no parking. Cars are typically half that width at most.
Cavener: Okay. Thank you.
Schultz: Yeah.
Cavener: Maybe -- Madam Mayor, follow up real quick?
De Weerd: Uh-huh.
Cavener: This added streetlight that's there, is it just sitting next to the landscape? I
mean typically when I see streetlights in Meridian they are attached to a sidewalk of some
sort. Is it going to be in landscape dirt?
Schultz: That's a good question. Mayor, Councilman Cavener, we should probably just
extend that five foot landscape buffer all the way to the west property line as a condition
and just have it in there. You know, we kind of left that up to the homeowner there to
landscape that. It wouldn't be dirt. It would be grass or something else, but it's not
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controlled by the developer, it's more the homeowner when they come in and do their own
personal landscaping. So, it's really behind the pavement and, then, some grass at a
minimum. But we could always continue that landscaping all the way across there that
extra 30 feet or so.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Go to the elevations, Matt. I want you to show me what's north and what's south on
the elevations.
Schultz: Okay.
Bird: Because I'm having a hard time wrapping around. I understand this is the --
De Weerd: That's south.
Bird: -- entrance side; right?
Schultz: This right here is -- it's, essentially, the garage -- yeah, the garage --
Bird: North side.
Schultz: Yeah. The garage is --
Bird: The north side.
Schultz: No. This is the side that faces Pine.
Bird: That's the side -- well, you told me you were going to have sliding doors in there and
that's --
Schultz: As I say, we are going to modify that elevation , the bottom of it, to provide a rear
access to their backyard. This is -- we are giving you more detail than you usually get for
a rear -- for the frontage on Pine. So, the top -- the top part here. This here -- this is the
garage side that faces on Asbury, because that's where they are going to take access to
their home.
Bird: And that's what I'm saying. You have got -- this is the north side of the house -- of
the house.
Schultz: I didn't see where you were pointing, but where I've done the --
Bird: The bottom. Right there is the north side.
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Schulz: Yes. That is.
Bird: Okay. I understand that now.
Schultz: Yes.
Bird: This is the south.
Schultz: Yes.
De Weerd: The top.
Schultz: The top.
Bird: That's the south end.
Schultz: Yes.
Bird: And, then, over to the left of that is the entry.
Schultz: Uh-huh.
Bird: And in the picture he had, if it had been right side up, probably give a good idea of
what that looks like, but he didn't have it right side up.
Schultz: It's hard to tell how wide that was. We are going to have at least ten. I mean it's
a wider than this. I mean it's not this. It's wider than I can reach, you know, which is
plenty of room to get a three foot sidewalk into your entryway and, then, most of our
private open space will be in the back, but some on the side with a short little access into
the side of the house and you see some of this on some -- even three -- bigger homes,
you see some little side entries. We have some in Reflection Ridge. You know, it works.
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: Matt, in the conceptual drawings there where fences between homes.
Schultz: Yes.
Milam: Are those included in that? So, are they going to have a private side yard?
Schultz: Yeah. If you could, B ill, get me back to the site plan, please. Yeah. The last
meeting I had a blow up of say four or five lots that showed this one better. But,
essentially, between every -- so that would be the private yard for this house and so on
and so on down the road . So, there is a fence off of each side for the full width up to one
Meridian City Council
August 25, 2015
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corner of the house to the other corner of the next house you will have side yard fencing
back to the back. So, it will be contained. It will only be contained for the back of the
house to the back fence that runs parallel to Pine and provide private open space so
people can run their dogs or the kids or whatever without -- you know, it's important -- it's
important in Idaho on a lot to have private open space and detached , instead of attached.
Not that attached is bad, but we think it's a selling point for this that it's detached and there
is private open space.
Milam: That five feet on the side.
Schultz: Even the big homes have five feet on a side. I mean --
De Weerd: Okay. Mr. Zaremba.
Zaremba: Madam Mayor, I would like to ask our fire department a question.
De Weerd: Is your mike on?
Zaremba: It's on, but I'm not close enough to it I guess.
De Weerd: Thank you.
Zaremba: Even that last discussion, fences and stuff, this is a pretty narrow space
between two large buildings and I guess my question for the Fire Department is if we chip
away at that with entryways and fences, are you still going to be able to get into the
backyard with a ladder and a hose and -- what is this doing for safety?
Jones: Councilman Zaremba, Madam Mayor, Members of the Council, it would make
access for us difficult, but not impossible, as long as the -- spacing and setbacks are to
code, that ensures that we can get our personne l back there. This home would be near
impossible for us to reach with a ladder truck to do an elevated operations . We would
have to do it with ground ladders, but it is possible .
De Weerd: I'm sorry, sir.
Schultz: If I could, Mayor and Councilman Zaremba. This is actually better than what you
usually get with the standard say R-4 subdivision where you have a five foot setback to a
fence that runs between the homes. Five foot off the house to a fence with a gate in front
and five foot to the house. We are not going to have that gate in the front. We are not
going to have that fence between the homes . It's all going to be open. So, this is actually
an improvement on what you would typically get in a typical subdivision . We are not going
to have that fence running down between the homes, you know, where they run parallel to
each other. That fence is going to be gone, because we are going to have an exclusive
use easement for the one house to the next house as well and the architecture is set up
so the windows provide some privacy as well on that side of the house . So, this is
specifically designed to utilize that whole ten foot space for the one homeowner and so on
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down the way and have that open. So, this is better for access than what you typically get
with a fence running down between homes. That's going to be open. It's going to be
open. So, this is -- this is better for access than what you typically get. This isn't a
downgrade. This is an upgrade. For some reason this one is getting twisted around on
me and I just want to make sure you understand this is actually an upgrade, not a
downgrade on safety. That's something I would never represent is a downgrade on
safety. I would just tell the guys I don't want to represent you and not be in front of you
tonight. You know, I don't need the work that bad, so -- yeah.
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: So, to make sure I'm understanding what you just said, one lot -- so, basically, the
fence goes along this -- right along the side of one house and, then, you have the whole
ten feet up to the next house and, then, they have the ten feet on the next --
Schultz: On the opposite side.
Milam: Okay.
Schultz: And on down the way. And this is what you typically see with, quote, unquote --
this is like an alley loaded product. We don't have an alley per se, we have a road, but
this is what you typically see to provide additional usable space . You see this happening
in some of the -- the more creative projects, which I think we have to try to improve it and
make it better. It's sellable. I mean that's really what it's all about. Sellable to you, but
also sellable to somebody who wants to spend 200,000 and buy this. So, that's important
as well.
De Weerd: Okay. Any further questions from Council?
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: Okay. Now we are getting back to the sidewalk.
Schultz: Okay.
Milam: Okay. So on the south side I believe.
Schultz: Uh-huh.
Milam: Where would this -- so, the sidewalk that they want -- it would be where? If there
is a fence and there is fences in between and, then, there is an open fence across, where
would the sidewalk be and --
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Schultz: It would -- essentially have to put it on -- see, the blue fence here, that would be
actually on the -- it would have to go on the other side of our fence and, then, cut through
at this corner as a gate and it would take -- theoretically -- theoretically take access this
way and, then, on this side the same thing, you would have a sidewalk running over here.
These homes would take access this way. And, instead, we want the homes to take
access where their driveway is right here.
Milam: But you have a fence going all the way up, so would it be basically a gate?
Schultz: Well, it doesn't make sense and we don't want to do it , that's why we are
objecting. We would rather provide more room for the home footprint than the room for
this extra five feet of sidewalk and that's one of the big reasons and if you did say we need
an extra five feet of sidewalk -- extra sidewalk on the north side of Asbury, those footprints
would shrink by five feet. It wouldn't be a deal killer, but we would prefer to have that
extra five feet of house, because the whole site plan would shift five feet. If that makes
sense, so --
Bird: Madam Mayor?
De Weerd: So, the sidewalk's on -- on the south side of the fence?
Schultz: At Asbury, yes.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Schulz: Right here.
Bird: For everybody's clarity, Matt, show us how each one of the houses -- like the ten on
the east side and the five on the west side get access to the walking path at the south
end.
Schultz: Yes. Mayor and Council Members, all -- everybody that lives in the subdivision,
as well as everybody that lives outside --
Bird: I mean out of these houses. Show me on the east side how -- how these people are
going to come out their door and where they are going to go to get to the pathway. I think
I know, but --
Schultz: Yeah. So, like for this one here you walk out, go out his driveway and run over
to this blue line.
Bird: Okay. That's what I thought.
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Schultz: This guy would come over here and run over to the -- basically everything
converges on this --
Bird: No gates in the back; right?
Schultz: Nothing off the back.
Bird: Okay.
Schultz: No gates off the back.
De W eerd: Okay. Anything further from Council?
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: One last question I think.
Schultz: No problem.
Milam: So, you don't want to put a sidewalk either on Asbury, which is where the red -- is
that where -- the red line that you address across?
Schultz: Yes. We have one there on the south side. We have a sidewalk there. So, you
have a sidewalk and your driveway on the south side of Asbury. The north side we have
our landscaping, if -- if it was so requested we would -- you would see an additional five
feet of concrete up there on the north. Everything shifted five feet south to leave the five
foot landscaping and add an extra five feet of concrete.
Milam: Okay. But there is access -- sidewalk access from every house?
Schultz: Off the -- yeah. Except for over here on the left side it's via the driveway, as Mr.
Cavener pointed out.
Milam: I'm done.
De Weerd: Anything further from Council? Thank you.
Schultz: Thank you.
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
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Cavener: I think just for those in attendance, I was reviewing the notes from the Planning
and Zoning hearing. There was I think a question about 13 units being presented and 15
to us. When you go look at the -- at the notes from the Planning and Zoning Commission
there were 15 units presented. I appreciate that concern and it was something that
seemed to -- so, I made a look back, but I just thought it was important that you know that
the applicant was forthright at Planning and Zoning, they were forthright tonight. Hearing
no other questions or comments, I move we close the public hearing on RZ 15-008 and
PP 15-007.
Bird: Second.
De Weerd: I have a motion and a second to close the public hearings on Items B and C.
All those in favor say aye. All ayes.
MOTION CARRIED: FOUR AYES. TWO ABSENT.
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: I move we approve RZ 15-008 and include all staff, applicant, and public
testimony, taking into account the additions of the pathway connectivity, the landscaping
along Five Mile Creek, the additional lighting and the additional landscaping adjacent to
Danbury Fair, recognizing that the path connection is somewhat subject to an easement
from the Danbury Fair HOA.
Bird: Second.
Cavener: I will take a breath.
Bird: Good job.
De Weerd: Bill, do we have a development agreement on this?
Parsons: Madam Mayor, Members of the Council, at this time -- if you recall, Planning
and Zoning did recommend denial of the project, but, yes, there is a DA --
De Weerd: So, this could be part of the development agreement, these stipulations?
Parsons: It certainly could be, yes.
De Weerd: Okay. And that was your intent?
Cavener: Yes, ma'am.
De Weerd: Okay.
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Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: Discussion if I may. I will admit that I'm struggling with this. I agree that the
L-O zone probably is not ever going to work out to be appropriate in this location and that
it should be a residential zone. I am not convinced that R-15 is correct. I applaud the
applicant for creativity. I think this is a product that in another location would be very
viable. Mr. Schultz mentioned that typically this is found on an alley loaded product, not in
the middle of an existing neighborhood. I guess I was not satisfied -- I hinted at it with a
question about whether this could be five or six typical lots with single family homes
similar to the rest of the neighborhood and this is in the middle of an existing
neighborhood, so -- and while I applaud the creativity and I think this would be excellent
somewhere else, I'm more inclined to be thinking that even though the L-O is not correct,
it should be R-4, not R-15.
De Weerd: I guess I appreciate, Mr. Zaremba, your comments. This was designated L-O,
which would have had an easier time of penciling out the infrastructure t hat's needed to be
placed in here. I think because of the infrastructure that needs to be put in with the roads,
the sidewalks and et cetera, that houses will never pencil out. So, I think that's why you
see a higher density recommended and I believe that was part of the testimony in the first
one. Additional comments or -- comments or questions?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Bill, what's -- yeah. What's the Danbury Fair Sub and them? Aren't they R-8s or are
they R-4s?
Parsons: Madam Mayor, they are -- it looks like R-8.
Bird: That's what I thought. I -- and along the lines -- same lines as Councilman
Zaremba, I think this is awful heavy density. Definitely it's got to be residential of some
sort, but -- and they have done -- Matt's done a great job of doing with what he's got. That
isn't the easiest little area to put something on . But I wish we had about half the houses
on there that we do, but -- I will have to -- I will have to -- I got about two minutes to decide
one way or the other. Thank you.
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: Maybe an additional comment. Especially for the -- the residents of Danbury
Fair. I appreciate your testimony, both tonight and last week, and I think what you're
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August 25, 2015
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hearing from the Council is this is a -- this is a challenging one. I think that you could have
anything presented in front of us here and we could say, boy, I'm not quite sure if this is
the right place for that. I think that as Meridian has changed, our housing options and
demands have changed dramatically and I think that this project is reflective on that. I
grew up in Old Town and there were homes that were built around our home and they
looked different and they felt different and it doesn't mean they were wrong, they just were
different and I think that the applicant has a challenge of bringing forth something that's
different tonight, but I don't necessarily think that's bad . I think that it's a unique project,
one that will meet the needs of our community and does a great job addressing a piece of
land in our gateway. So, I appreciate both of your comments that it's -- that maybe there
is too many homes. I think that what we are seeing across the country and in Meridian is
that this is the type a product that people in our community are looking for and I think it's a
good first step in addressing some of that need in our community.
De Weerd: Any additional discussion? Madam Clerk, will you call roll.
Roll Call: Rountree, absent; Bird, aye; Zaremba, nay; Borton, absent; Milam, aye;
Cavener, aye.
De Weerd: Okay. The ayes have it.
MOTION CARRIED: THREE AYES. ONE NAY. TWO ABSENT.
De Weerd: Item 8-C.
Cavener: Madam Mayor, I move we approve PP 15-007, including all staff, applicant, and
public testimony.
Bird: Second.
De Weerd: I have a motion and a second to approve Item 8 -C and I believe that you
clarified this in the DA, but --
Bird: Yes.
De W eerd: -- to just restate on the sidewalk, that the applicant has asked not to have to
put in on the north side of the project, that it would not require that.
Cavener: Correct.
De Weerd: Okay. Any further clarification, staff, needed on this? Any discussion from
Council? Madam Clerk, will you call roll.
Roll Call: Rountree, absent; Bird, nay; Zaremba, aye; Borton, absent; Milam, aye;
Cavener, aye.
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De Weerd: Okay. The ayes have it.
MOTION CARRIED: THREE AYES. ONE NAY. TWO ABSENT.
D. Public Hearing: TEC 15-003 Avendale Subdivision by Silver Oaks
Apartments, LLC Located North of W. Franklin Road and West of
N. Ten Mile Road Request: One (1) Year Time Extension on the
Preliminary Plat for Avendale Subdivision in Order to Obtain the
City Engineer's Signature on a Final Plat
De Weerd: Item 8-D is a public hearing on TEC 15-003. I will open this public hearing
was staff comments.
Parsons: Thank you, Madam Mayor, Members of the Council. The next item on the
agenda is the Avendale Subdivision time extension. Currently this site consists of 20.61
acres of land, zoned R-15 within the city. It's located north of West Franklin Road, just
west of North Ten Mile Road. In 2011 the applicant was before Council and received
preliminary plat approval for that subdivision. The planning director has granted one
director time extension as well in 2012 and that was good for two years. So, the applicant
is here this evening to discuss a one year time extension. Based on the request from the
applicant, it appears that they are waiting for their approval from Nampa-Meridian
Irrigation District. Once they receive those approvals they should be able to get the
necessary signatures from the city and all the other applicable agencies and wrap up the
final plan. The applicant has provided written testimony in agreement to the conditions in
the staff report. To my knowledge there aren't any outstanding issues before you this
evening and be happy to stand for any questions you may have.
De Weerd: Thank you, Bill. Council, any questions?
Bird: I have none.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: Question about process.
De Weerd: If you can speak into your mike.
Zaremba: Sorry. Question about process. I drive up and down Franklin and building has
commenced. I didn't think that could happen until the plat had been signed and recorded.
Maybe I'm not understanding the process.
Parsons: Well, Madam Mayor, Members of the Council, Councilman Zaremba, I don't
know all of the history on the site, but I believe they have c ommenced with their
conditional use permit that was granted in 2005. Maybe the applicant can shed light on
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August 25, 2015
Page 36 of 46
that. And they had a buildable lot , so, technically, you don't need to plat this property in
order to construct a multi-family. I believe the applicant has just chosen to do that for
finance purposes. So, staff felt it was appropriate -- or at least allow them to move
forward at getting the construction started and the final plan is to help the financing. So,
there will be additional phases out th ere, but right now there is a legal lot for the applicant
to build on and that's why you see the construction without this final plat having to be
recorded.
Zaremba: Uh. Okay.
De Weerd: Any other questions for staff? Would the applicant like to make comment?
Hello.
Stiles: Hello.
De Weerd: Thank you for being here. If you will state your name and address for the
record.
Stiles: My name is Shari Stiles from Engineering Solutions. 1029 Rosario in Meridian.
De Weerd: Thank you.
Stiles: And that is a good question. Why are they having a building permit before they
have a plat and Bill explained it perfectly. It is for financing. They went through a rather
lengthy process with HUD to get the financing and now they are subdividin g it into four
separate lots that will coincide with their phasing for the different units that they have . But
they have all the signatures. They were waiting on -- the last item was Nampa-Meridian
Irrigation District's approval of the encroachment -- or, actually, the building right next to
the Kennedy Lateral, there is quite a large ditch on the west boundary and they just
received approval from them and once we get a recorded license agreement, which is any
day, we will get it submitted to the city and to Ada County and, hopefully, get it recorded
within the next two months.
Zaremba: Thank you. Something else you said brings up another question, however.
Stiles: Oh oh.
Zaremba: A long time ago -- and I suspect we are now on their third or fourth owner of
this property since it originally came through for approval, but you mention ed the Kennedy
Lateral I think it is. Between where the L-O zone is and where the R-15 zone is, the
original applicant was required to bond for half a bridge over th e lateral, assuming that
when the next property was built they would have to pay for the other half . Is that still in
effect? I don't know whether that's a question for staff or for you. But are you aware of
that?
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August 25, 2015
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Stiles: Mayor de Weerd, Councilman Zaremba, it is still in place with ACHD. They had a
letter of credit for that bridge construction and they had renewed the letter of credit and
kept it current.
Zaremba: Great. Thank you.
De Weerd: Thank you. Any other questions? Thank you, Shari.
Stiles: Thank you.
De Weerd: Is there anyone who would like to provide testimony on this item?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Seeing none, I move we close the public hearing on TEC 15-003.
Milam: Second.
De Weerd: I have a motion and a second to close the public hearing on item 8-D. All
those in favor say aye. All ayes.
MOTION CARRIED: FOUR AYES. TWO ABSENT.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve TEC 15-003 and to include all staff and applicant comments.
Milam: Second.
Zaremba: Second.
De Weerd: I have a motion and a second to approve Item 8-D. Any discussion from
Council? Madam Clerk.
Roll Call: Rountree, absent; Bird, aye; Zaremba, aye; Borton, absent; Mila m, aye;
Cavener, aye.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: FOUR AYES. TWO ABSENT.
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August 25, 2015
Page 38 of 46
E. Amended onto the Agenda: Continued Public Hearing from
August 18, 2015: MDA 15-008 Jump Time by ALC Architecture
Located Near the Intersection of E. Franklin and S. Eagle Roads
Request: Modification to the Development Agreement to Amend
the Recorded Development Agreement (DA #111006191) for the
Purpose of Modifying the Approved Concept Plan and Specific
Provisions
De Weerd: Item 8-E is -- has been asked to amend, that it is a continued public hearing
from August 18th on MDA 15-008. I opened that public hearing at that time. I will ask for
staff comments.
Beach: Good evening, Mayor and Council Members. This is a development agreement
modification for Jump Time. This is the -- the project is located east of South Eagle Road
and south of East Amity Road. Sorry. East of Eagle, south of Franklin. This project was
originally brought before you in 2009. The site received a Comprehensive Plan map
amendment and annexation and zoning approval with C -C zoning. The applicant
requests an amendment to the existing development agreement to amend the dates of the
agreement, update the owner information, modify certain sections and provisions
contained in the DA and replace a concept plan approved -- let's see -- approved with the
annexation of the property. So, as you can see this is the zoning in the aerial. As you see
to the left here this is the previously approved concept plan that was originally approved
with a large amount of connectivity around the site , including several water features and a
lot of landscaping. They are requesting that the concept plan to the right be approved
with certain modifications, some of them being the 25 foot buffer that is required when a
commercial use abuts a residential use on the west, east, and south boundaries. The
property on the east was included in the Comprehensive Plan amendment back in 2009
and may, upon annexation, be developed with the commercial use. Staff amendment to
the landscaper buffer reduction to the east. Staff is also supportive of the buffer reduction
to 20 feet along the south and west boundaries if the applicant constructs the decorative
CMU wall, excuse me, as described in the development agreement. In reviewing that
when it was approved back in 2009, the residence to the south and to the west -- I will go
back to the aerial here and show you. It's this property here and this property here. There
is just three properties that would be affected -- because there is affected properties that
go from the boundaries and, then, this property here to the west that would be affected by
that CMU wall. Staff is in favor of the modifications with those -- with those changes and,
then, I have got the kind of layout -- the changes that staff is in favor of, some of them are
minor, just changing some of the modifications to the site , one being that because of the
reduction in the number of buildings, the original requirement that the fire department had
for an address kiosk be removed and not necessarily that the reduction in the buildings on
site. Staff is agreeable to the landscape reduction. So, there is a condition if that what's
happened that that CMU wall be installed and stand for any questions you may have.
De Weerd: Council, any questions?
Meridian City Council
August 25, 2015
Page 39 of 46
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: Just an odd question. Building D looks to have like a race track. Is that a --
Beach: That's correct. That's a good question. They have shown on their concept plan
that that would be potentially a drive -thru. So, if they did do that they would be required to
get a conditional use permit for that, so --
Cavener: Great.
De Weerd: Any other questions from Council at this point? I'm really excited to ask the
developer about that race track, because it looks like a really tight turn to get into it, but --
a real hard one. So, is the applicant here this evening? Good evening. If you will,
please, state your name and address for the record.
Anderson: Good evening, Madam Mayor and Council Members. Eric Anderson. 119
East State Street, Eagle, Idaho. And thank you again for seeing us tonight at our
continued hearing. You know, I have read through the staff comments in depth and the
development agreement and was an integral part of helping write this -- these
modifications and creating this new site plan that I think works really well for this
development and this piece of land. I have spoke with the prospective buyer of this
property and the developer and we have gone in depth through every comment
throughout the amendment and the only thing we would like to discuss is the fence. We
have talked to the neighbors to the south and I actually have a letter I would like to submit
from them that they have all signed and some images from them where they have agreed
to allow us to pay for the existing fence and match the fence and run it the rest of the way
down the south boundary. So, it would be a six foot high vinyl fence, solid, and I will give
you a picture of that here in just a second. In the letter saying that if they -- they approve
and they would totally agree to that. Then we have a section of the west boundary that
we would need to -- I think there is a ditch there. We would like to provide an eight foot
high fence along there and we weren't -- we haven't been able to speak with the owner of
that property -- would be the Yoder property, but we would do an eight foot fence for them.
Other than that -- I will give you the letter and those images here. Bill, do you want those
to put back where they show here?
Parsons: Eric, we can take it from you or you can present it to the clerk and she can take
it in for the record.
Anderson: Okay. So, once again, just to restate, we are in agreement with the changes
in the staff report and any questions I could help address please fire away. And, yes,
Building B is a proposed -- really this is a concept plan, of course, but, you know, at some
point I think it would be great to have a drive-thru on this property. As people are going
down -- heading east on Franklin and turning right onto Eagle Road I think there is a great
Meridian City Council
August 25, 2015
Page 40 of 46
need for some type of coffee shop or something here and with the development we are
trying to create it would be a great addition there, so --
De Weerd: Council, any questions for the applicant?
Bird: I have none.
De Weerd: This has changed quite a substantially from the original plan where it looked
to have a nice visual -- vision corridor from the Franklin Road, which is a busy road and I
guess, first, I have a question as to the big Building B, what is that? Is that a single user
anticipated? Is it another strip mall? What is that vision into that building?
Anderson: It would be a focused children's entertainment facility and possible family
center is what that would be.
De Weerd: So, most likely, then, a single user?
Anderson: Uh-huh. Yes.
De Weerd: And the green out in front of the building is that --
Anderson: We are going to -- it's a plaza. So, it will be landscaped. A nice plaza to really
highlight the building's entrance. You know, our vision architecturally here I think is very
nice and I think it will be very pleasing. We are -- the overall development concept is a
mixed use. We want some -- a little bit of retail. We want Building B as our big user and
that really anchors the development. Building C possible retail or possible office and
that's all dependent on the user we find for that property. We don't know yet. But
whatever we do will be consistent with the C-C zone and so -- and, yeah, one thing we are
trying to do is show the building pushed up to the landscape and not have parking first . I
know that's what a lot of the requirements that are happening in the local jurisdictions and
we are all trying to see the building first and not the cars and one thing we will add when
we -- and that's in part of the staff comments is more pedestrian connection and as we
develop this and -- and that's due, as I understand, when I go in for a certificate of zoning
compliance, that's when I will need to show more connection and we will, we will have
sidewalks and people will be able to walk down Franklin and come in and tie into anything
in the site. There will be a -- we will have a nice monument sign out front, you know, for
all the property owners and that will come in with the building certificate as well . So, at
this point when we are talking development agreement, I think we are trying to be
consistent with the ordinances and the C-C zone and give you a nice development here
and it's going to be focused on family.
De Weerd: That works very well in Meridian.
Anderson: Good.
Meridian City Council
August 25, 2015
Page 41 of 46
De Weerd: I guess I still continue to have -- we have some C-C developments that the
parking lot is a nightmare and car circulation is incredibly not intuitive and I'm -- it just
really looks like this is kind of a disaster waiting to happen and that is my only concern.
Anderson: Okay. Are you thinking -- Madam Mayor, are you thinking Building B and the
drive-thru there?
De Weerd: Well, I guess both A and B is A would have -- to the people that want to go to
A would be going against of the people coming out of the drive -thru. Yeah, that one is not
real intuitive.
Anderson: Actually, our arrows are incorrect on these. They would be running north and
south, not east and west. So, the long way where cars would stack and park and we can
address those when we come through, again, you know, for the zoning compliance, we
will definitely clean that up and --
De Weerd: Well, I certainly know I am not a parking lot design expert, but I have seen in
many of our parking lots neither was at the person who designed it. So, I -- that is only my
concern.
Anderson: Yeah. No, this will be --
De Weerd: And we are the ones that get the phone calls that say what were you thinking
and I would like to at least say I was thinking of something during this one .
Anderson: We will definitely gladly address your comments as we work through the site
plan in more depth, you know, for the next round. There will be a few -- and, you know,
there might not even be a drive -thru here. I mean that's -- it might not be an issue, so --
but if there is I guarantee you we will have the proper stacking and the right circulation
and that it will work well.
De Weerd: Thank you.
Anderson: So -- yeah.
De Weerd: Any other questions from Council?
Bird: I have none.
De Weerd: Okay. Thank you.
Anderson: Thank you.
De Weerd: This is a public hearing. Is there anyone who would like -- oh, I do have two
people that were signed up. Sheila Yoder signed up against and Marcia Yoder as well
signed up against. Okay. And Chad Babcock in favor. Would you like to provide
Meridian City Council
August 25, 2015
Page 42 of 46
testimony? Okay. Thank you. Any further testimony? Yes, please. Good evening. If
you will, please, state your name and address for the record.
Sterm: My name is Jack H. Sterm. I live at 2900 East Springwood Drive. I have that
large -- one of the largest parcels on the backside of that property. I have already talked
to Chad about things and agreed to lowering this the fence, this and that. I don't have a
problem with that, as long as the fence goes up first before you start doing any kind of
landscaping, because I know there is field mice there and he said that they would most
likely do that. I actually think this would actually work there, because that piece of
property where it's at, this and that, I think is actually a good thing, to be honest. That's
really all I wanted to say.
De Weerd: Well, thank you.
Sterm: Okay.
De Weerd: We appreciate you being here.
Sterm: Thank you.
De Weerd: Okay. Anything further from the public? Any further comment from the
applicant? No? Okay. Yeah. Don't feel you need to.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Seeing we have no more public testimony, I move we close the public hearing on
MDA 15-008.
Milam: Second.
De Weerd: I have a motion and a second to close of the public hearing on this item. All
those in favor say aye. Thank you. All ayes. Motion carried.
MOTION CARRIED: FOUR AYES. TWO ABSENT.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve MDA 15-008 and to include staff and applicant comments.
Milam: Second.
Meridian City Council
August 25, 2015
Page 43 of 46
De Weerd: I have a motion and a second to approve Item 8-E. If there is no discussion,
Madam Clerk, will you call roll.
Roll Call: Rountree, absent; Bird, aye; Zaremba, aye; Borton, absent; Milam, aye;
Cavener, aye.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: FOUR AYES. TWO ABSENT.
Item 9: Department Reports
A. Mayor's Office: Resolution No. 15-1085: Appointment of Robert
Keith Mortensen to Seat 4 of the Meridian Historic Preservation
Commission
De Weerd: Okay under 9-A. Council, you have in front of you a Resolution 15-1085 and
information on Robert Keith Mortensen, who is my appointment recommendation for Seat
4 of the Meridian Historical Preservation Commission. I would entertain any questions
that you might have. If there are none, I would also entertain a motion to approve.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I don't have a question, but not seeing anybody else does, so I move that we
approve Resolution 15-1085, the appointment of Robert Keith Mortensen to Seat 4 of the
Meridian Historic Preservation Commission.
Milam: Second.
De Weerd: I have a motion and a second to approve item 9-A. Any discussion from
Council?
Cavener: Madam Mayor?
De W eerd: Mr. Cavener.
Cavener: Real briefly. It's my assumption that Seat 4 is the seat that was held by Dr.
Tom?
De Weerd: Yes.
Cavener: Okay. Big shoes to fill. Glad to have him on board.
De Weerd: Big shoes to fill. Madam Clerk, will you call roll.
Meridian City Council
August 25, 2015
Page 44 of 46
Roll Call: Rountree, absent; Bird, aye; Zaremba, aye; Borton, absent; Milam, aye;
Cavener, aye.
De Weerd: All ayes.
MOTION CARRIED: FOUR AYES. TWO ABSENT.
Item 10: Ordinances
A. Ordinance No. 15-1656: An Ordinance (AZ 15-006 Dunwoody Lot
5) for the Annexation and Zoning for a Parcel being all of Lot 5 of
Block 1 of Dunwoody Subdivision as shown in Book 58 of Plats
on Page 5482, records of Ada County, Idaho and a portion of the
SW ¼ of the NW ¼ of Section 29, Township 4 North, Range 1
East, Boise, Ada County, Idaho. Establishing and Determining
the Land Use Designation of said 1.57 acres of Land from RUT to
R-2 (Low Density Residential) Zoning District
De Weerd: Item 9-B was moved to a previous agenda item. Item 10-A is Ordinance 15-
1656. Madam clerk, with you, please, read this ordinance by title only.
Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 15-1656, an
ordinance AZ 15-006, Dunwoody Lot 5, for annexation and rezone of a parcel of land
being all of Lot 5 of Block 1 of Dunwoody Subdivision, as shown in Book 58 of plats on
pages -- on page 5482, records of Ada County Idaho, and a portion of the southwest one
quarter of the northwest one quarter of Section 29, Township 4 North, Range 1 East,
Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain
lands and territory 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 from RUT to R-2, low-
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
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. Is there anyone who would
like to hear it read in its entirety?
Milam: Madam Mayor?
De W eerd: Mrs. Milam.
Milam: Seeing none, I move that we approve Ordinance No. 15-1656 with suspension of
rules.
Meridian City Council
August 25, 2015
Page 45 of 46
Bird: Second.
De Weerd: I have a motion and a second to approve Item 10-A. If there is no discussion,
Madam Clerk.
Roll Call: Rountree, absent; Bird, aye; Zaremba, aye; Borton, absent; Milam, aye;
Cavener, aye.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: FOUR AYES. TWO ABSENT.
Item 11: Future Meeting Topics
De Weerd: Council, any items for consideration under Item 11 for future meeting topics?
Bird: Madam Mayor, I don't have a future meeting, but I do have an announcement. If
you guys haven't got registered for the park tour on September 2nd, would you, please, do
it. I think it would be very nice to go through and see the parks. So, that includes public
or staff. Council.
De Weerd: Thank you, Mr. Bird. I would also -- I meant to bring this up when the Arts
Commission was here, but if you haven't noticed the art wrap on the corner of Pine and
Meridian, that is the Mayor's Award winner for this year's art contest. I love my dog. He is
a kindergartner and he drew that, because he loves his dog. It looks perfect right there in
front of the Boys and Girls Club. So, if you haven't seen it --
Bird: He's a talented young kid.
De Weerd: -- take a look. He is. We got to -- his parents brought him in, so we could
meet him and he's a delight. Anyway, if there is nothing further, I would entertain a motion
to adjourn. Oh. And, by the way, that was paid for by the sponsors of the State of the
City. I would entertain a motion to adjourn.
Bird: So moved.
Milam: Second.
De Weerd: All those in favor say aye. All ayes.
MOTION CARRIED: FOUR AYES. TWO ABSENT.
MEETING ADJOURNED AT 7:58 P.M.
Meridian City Council
August 25, 2015
Page 46 of 46
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