HomeMy WebLinkAbout2016-01-05Meridian City Council January 5, 2016
A meeting of the Meridian City Council was called to order at 6:03 p.m., Tuesday, January
5, 2016, by Mayor Tammy de Weerd.
Members Present: Keith Bird, Charlie Rountree, David Zaremba Joe Borton and Genesis
Milam, Luke Cavener and Ty Palmer.
Others Present: Bill Nary, Jaycee Holman, Bruce Chatterton, Clint Dolsby, John Overton,
Perry Palmer, Sonya Watters, Josh Beach, Steve Siddoway, and Dean Willis.
Item 1: Roll-call Attendance:
Roll call.
X David Zaremba X _ Joe Borton
X__ Ty Palmer X_ Keith Bird
__X__ Genesis Milam __X__ Lucas Cavener
__X Mayor Tammy de Weerd
De Weerd: What a nice group of people out there. Thank you for joining us. We greatly
appreciate it. I see a lot of friendly faces in the room, which is sometimes unusual. Go
figure; right? So, thank you for joining us. For the record it is Tuesday, January 5th. It's a
few minutes after 6:00. We will start this meeting with roll call attendance.
Item 2: Pledge of Allegiance
De Weerd: Item No. 2 is the Pledge of Allegiance. If you will all rise and join us in the
pledge to our flag.
(Pledge of Allegiance recited.)
Item 3: Community Invocation by Steve Moore with Ten Mile Christian Church
De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Pastor
Steve Moore with the Ten Mile Christian Church. If Pastor Moore will come forward.
Please join us in the invocation or take this an opportunity for a moment of reflection.
Thank you for joining us.
Moore: Honored to be here. God in Heaven, we know we need you. The air we breathe,
things we take for granted, and we will pause and pray that we belong to a city that -- to
be a part of a city that understands that and will bow their heads before you at the start of
this important the meeting. God, thank you for blessing this community and the rest of the
world has recognized what we already know, how wonderful it is to be here. I pray the
decisions that are made this very night will just improve and expand our community.
Thank you for these that serve us and give their time and their premium hours to thought
and decisions that are for the betterment of this community. I pray especially for Ann and
Meridian City Council
January 5, 2016
Page 2 of 54
Ty as they assume new responsibilities and service in this community. Thank you for
those that have served and their predecessors and bless their lives for what they have
given to Meridian and thank you for our Mayor and we are grateful for the leadership that
she's given us in these years past and we pray the next four years that you will be at the
helm her life. We are grateful that she's surrendered to you and we ask you to bless her
and her family. God, I just ask for your direction for what's decided for our community, in
the name of Jesus, amen.
Item 4: Adoption of the Agenda
De Weerd: Thank you. Item No. 4 is adoption of the agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: We have no resolutions or any changes, so I move that we adopt the agenda as
printed.
Milam: Second.
De Weerd: I have a motion and a second to adopt the agenda as printed. All those in
favor say aye. Did I hear all ayes? Okay.
MOTION CARRIED: ALL AYES.
Item 5: Consent Agenda
A. Agreement For Connection To Public Sewer System: 1927 N.
Leisure Lane
B. Interagency Agreement between Ada County Highway District
and the City of Meridian for Utility Project Cooperative
Development
C. Purchase Order approval for purchase of Genie GTH 1056
Telehandler from ONE SOURCE EQUIPMENT and Authorization
for the Purchasing Manager to Sign the Purchase Order for the
Not-To-Exceed amount of $141,352.67
D. Approval of Award of Bid and Agreement to OXARC, INC for the
“Supply and Delivery of Sodium Hypochlorite” project for a Not -
To-Exceed amount of $90,719.10
E. ESO, Solutions, Inc. Business Associates Agreement
Meridian City Council
January 5, 2016
Page 3 of 54
F. Approval of Award of Bid and Agreement to Dahle Construction,
LLC for the “Waterline Extension – Amity Road and Meridian
Road, Locust Grove to Harris Street - Construction” project for a
Not-To-Exceed amount of $695,690.75.
G. Findings of Fact, Conclusions of Law for South Meridian
Annexation (H-2015-0019) by City of Meridian Located Along
Amity Road, East of Linder Road, West of Eagle Road and North
of Columbia Road Request: Annexation and Zoning of 1,322.14
Acres of Land with R-4 (1,241.10 Acres), R-8 (10.37 Acres), R-15
(30.10 Acres) and C-G (40.57 Acres) Zoning Designations
De Weerd: I will ask on Item No. 5 if Councilman Zaremba will do the privilege of this
item.
Zaremba: Okay. Madam Mayor, I move we approve the Consent Agenda as published
and for the Mayor to sign and the Clerk to attest.
Borton: Second.
Cavener: Second.
De Weerd: I have a motion and several seconds to approve the Consent Agenda.
Madam Clerk, will you, please, call roll.
Roll Call: Bird; yea; Zaremba, yeah; Borton, yea; Milam, yea; Cavener, yea .
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
De Weerd: Just one thing before we get to the swearing in ceremony. We need to
conclude with our Old Business with the current Council before the new Council steps up.
If you're wondering why we are not swearing in Ann Little Roberts, she is not here this
week and so per our ordinance until a new member is sworn in, the current member will
continue to serve until that time, so, we are fortunate to have Council Member Zaremba
through the end up this meeting. Yeah. He's not going anywhere. We know where he
lives.
Item 6: Items Moved From the Consent Agenda
De Weerd: There were no items moved from the Consent A genda.
Item 7: Department Reports: Old Business
Meridian City Council
January 5, 2016
Page 4 of 54
A. Continued from December 22, 2015: Discussion Regarding
Request from Silver Oak Apartments Regarding Water/Sewer
Assessments for Multi-Family Projects
De Weerd: Item 7-A is under Old Business and I will turn this over to Mr. Nary.
Nary: Thank you, Madam Mayor, Members of the Council. This item was a discussion
you had on December 22nd with the developers of the Silver Oak Apartments on Franklin
Road. What their request was in their building process, they received approval for 260
units to be constructed in a phased program back in 2014. We have met with them to
discuss our fees. There was a fee methodology change that occurred in October of this
year. They provided a lot of information and a lot of paperwork with regard to the process
that they were going through to get these constructed based on the original approvals
from 2014. Based upon that we were comfortable to be able to recommend to the City
Council that we will apply the prior method of calculating their assessment fees for these
multi-family units just for this phase, as long as those could be completed and submitted
by March 1st of 2016. So, we are comfortable making that recommendation. I have
discussed that with that applicant's counsel prior to the meeting and she was going to
acknowledge whether that was acceptable to them as well.
De Weerd: And, Mr. Nary, I know that in May when they pulled for the first phase, the
second phase was approved through the CZC and so that's when they inserted part of the
financing to the fees that were communicated at that time.
Nary: Madam Mayor, Members of the Council, that's correct. They had both CUP, CZC
and design review approval in December -- excuse me -- in November of 2014. They
used that information to, then, put together their financing package to get it built in two
separate phases and they began that second process of the 132 apartments. That's what
they are asking for today. Right on the heels of getting the building permits for the first
phase. So, based on all of that information we felt it was reasonable to apply the prior
methodology to this phase as they requested, as long as they could get it done in a fairly
timely fashion, which they have indicated in a number of -- both the letter and in front of
you, as well as in our meeting, that they could meet a time frame of March 1st.
De Weerd: Okay. Council, any questions? And the developers of Silver Oak agree?
Okay. Okay. Council, any further information needed on this?
Bird: I don't. Madam Mayor?
De Weerd: Mr. Bird.
Bird: I would move that we pass the agreement that was made between the staff
regarding the apartments out there and because they -- this -- their financing and stuff has
been planned at the old rate and to allow that to happen on this phase.
Zaremba: Second.
Meridian City Council
January 5, 2016
Page 5 of 54
De Weerd: I have a motion and a second. Any discussion? Madam Clerk, will you call
roll.
Roll Call: Bird; yea; Zaremba, yeah; Borton, yea; Milam, yea; Cavener, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 8: Community Items/Presentations
A. Swear in Mayor Tammy de Weerd
De Weerd: Under Item 8 is the swearing of the next -- the next elected officials for the
next four years. We will do this one at a time and I would ask at -- at each one that you
introduce your family and at the end of it when everyone is seated, we will see if there is
remarks and -- I'm just preparing you. I have some remarks. So, Item 8-A is the swearing
of Mayor Tammy de Weerd. Well, I'm going to introduce you to the people that I have
standing up and, then, mom and -- well, I will just ask them all to come up. So, Bart and
Tara, grandkids, spouses, come on up. Now you see why I was elected. I just got my
family members out to vote.
Holman: Please raise your right hand and repeat after me. I, Tammy de Weerd, do
solemnly swear or affirm, that I will support the Constitution and laws of the United States,
the Constitution and laws of the state of Idaho and the ordinances and policies of the City
of Meridian, Idaho. And that I will faithfully perform the duties of the office of Mayor of
Meridian, Idaho, to the best of my ability during the continuance of my term. So, help me
God.
(Repeated by Tammy de Weerd.)
De Weerd: Okay. Wait. So, this is Bart. My grandson Gabriel. My granddaughter Bella.
My dad Dick Bartlett, who was a coach at Borah High School and which is why I was born
in Boise, but he's a Bengal. So, all you Vandals and Broncos eat your hearts out. My
mother Sidney Bartlett. This one here in front is Braxton and we have Gabriel -- or
Gabriel. Jacob. And my daughter Kara and her husband. Oh, my gosh. Jared. I think
there are just too many people to keep track of. But this is the first time I've really had my
parents here and so it makes it more emotional. They have been great supporters and I
really love them dearly. So, thank you for being here. I was sitting in my office before I
came down here and I thought why am I so nervous and it's always neat having family
here and this is an incredible privilege, so -- okay.
B. Swear in City Council Member for Seat 3 Ty Palmer
De Weerd: Item 8-B it is swearing in of City Council Member for Seat 3, Ty Palmer.
Meridian City Council
January 5, 2016
Page 6 of 54
Palmer: I might preface this as well. The family I was born with there is only one flaw in
my family and that's we get emotional when we talk about one of three things. Our family,
our country or my God and so all three are part of this, so it might take a minute, but we
will get through it. So, this is my wife Brenda. We have been married three years. And
my twins Regan and Riley and, then, our seven month old Libby and, then, my parents
John and Leslie Palmer are here as well.
De Weerd: Do you want them to come up?
Palmer: They really don't want to. They are there, so that --
Holman: Okay. If you will raise your right hand and repeat after me. I, Ty Palmer, do
solemnly swear or affirm, that I will support the Constitution and laws of the United States,
the Constitution and laws of the state of Idaho and the ordinances and policies of the City
of Meridian, Idaho. And that I will faithfully perform the duties of the office of Councilman
of Meridian, Idaho, to the best of my ability during the continuance of my term. So, help
me God.
(Repeated by Ty Palmer.)
De Weerd: Ty, now you get to come up and have a seat.
C. Swear in City Council Member for Seat 5 Genesis Milam
De Weerd: Item 8-C is the swearing in of City Council Member for Seat 5, Genesis Milam.
Milam: Yes. My husband and my son are here. This is my husband Dean. See, I told
you I was married. This is my son Tristan and he just came from judo, so --
Holman: Okay. If you will raise your right hand and repeat after me. I, Genesis Milam, do
solemnly swear or affirm, that I will support the Constitution and laws of the United States,
the Constitution and laws of the state of Idaho and the ordinances and policies of the City
of Meridian, Idaho. And that I will faithfully perform the duties of the office of councilman
of Meridian, Idaho, to the best of my ability during the continuance of my term. So, help
me God.
(Repeated by Genesis Milam.)
De Weerd: I guess there needs to be a fun one in every crowd; right?
Milam: Somebody has got to be fun.
De Weerd: And at this point I will see -- I will give the floor to our two Council members.
Ty, do you have any comment that you would like to make?
Meridian City Council
January 5, 2016
Page 7 of 54
Palmer: Is this working? It doesn't seem that they usually do when you sit in the
audience. No. I -- I just can't express enough how grateful I am to citizens for trusting me
enough not to run against me. I really do appreciate that, because that gave me an
opportunity that I wouldn't have had had I actually ended up, you know, having to run a
campaign, because for the last several months I have been able to sit here in the
audience and learn and be able to meet with the different department heads, have an
opportunity to actually learn what it is I was going to be doing, so that I fe lt prepared to
actually be here today to get started and I -- I mean I apologize to anybody that's heard
me say this, but it really is the fact of the matter, not just a campaign spiel, but I grew up in
Meridian. Technically I was born in Boise, because we didn't have a hospital yet. But I
was born and raised in Meridian and the Meridian that I experienced I see that it still is
today. The Meridian that is family friendly, that is safe, that is the perfect place to raise a
family and now that I have a family I had felt it was time that I step up and made sure that
it remained that way for the next generation for my kids, that they will have the same
experience that I did and for their kids hopefully as well. And so I, again, just thank you
for giving me this opportunity to serve you.
De Weerd: Thank you, Councilman Palmer. Genesis.
Milam: I don't really have anything to say. But I am -- I'm really glad that I'm able to be
here and continue my term, because it's taken a long time just to learn the ropes and I'm
just getting started, people. And really -- and I'm grateful for the support that I have from
my family, because without that support at home I wouldn't be able to spend the time that I
do during the meetings and other Council activities that I'm involved in. So, I'm just
thankful for -- thank you, honey, thank you, Tristan, for supporting me and letting me come
to all these late night things. And thank you, everybody, for being here tonight and for
voting and for loving Meridian the way that we do. Appreciate it.
De Weerd: It's sure nice seeing a lot of faces in this room. It's a real privilege to -- to think
that I am at the beginning or the cusp of my fourth term serving such an amazing
community like this. I see long time supporters and I see new friends. I would counter, I
think, what Councilman Palmer just mentioned, that I am really blessed because I did
have others that filed for office. I think everyone should have to earn your vote and that
work of knocking on doors, of being available, holding town hall meetings and hearing
what people have to say is so critically important in being able to sit up here and serve our
community and represent the things that they really believe and the concerns that are on
their mind. Knocking on the doors in our community, I learned a lot of different things.
One, our residents are so proud to live here in this community. They care and what we
have always said is we have a community that's ready to stand up and to be involved. So,
they don't just share their concerns, they share their ideas for solutions and I think that if
anyone knows me -- and I don't see Craig Steele here tonight -- when I knock on your
door and you tell me something that you're upset with, I will engage you to be part of the
solution and I think that's how this city works. We have incredibly talented citizens that if
we tap into their passion for our community and their desire to make it better, they will
stand beside you and work hard to do so. I see the Brewtons in the second row and they
are one of those families that were this hidden discovered gem in our community and they
Meridian City Council
January 5, 2016
Page 8 of 54
invited me to an HOA meeting that they were going to sing at, because their voices are
just totally incredible, because they wanted their neighbors to see who they saw and I saw
that was behind every door. The person that stopped in their car when they saw my
husband putting up signs and so if you ever have any concern about the signs we put up,
you can ask my husband, because he put every single one of them and with Craig
Robinson, he took every single one of them down until 4:30 in the morning. But they
stopped and they said we want a sign. I had another friend that had someone knock on
her door and say where can I get one of those, because of my sign in her yard. I found
people that I didn't know, but we had a passion for our community in common and wasn't
it cool the day after election where we got the news -- ssshh, don't tell anyone, that we
were number one in the nation as the best place to live and it was evident -- and it was
truly evident throughout that campaign that I wouldn't have seen otherwise if I had a free
ride until election day, because I can tell you we knocked on a lot of doors and if there
was a hot spot out there we found it and, then, we addressed it, because ultimately people
just want to be heard. So , the -- the number one in the nation mirrors the salient points
that I heard at your door and that I was sharing, we are a safe community. We are a
community with opportunities and growing opportunities that we hear about every week in
this chamber, those companies or those developments that help define who we are, that
want to be part of the vision of the City of Meridian. I get to serve with people that are
sitting up here who truly care about our city. They have a vision and a passion to make
sure that it continues to be a good place for our families and safe for our citizens and a
place to do business. I serve with a senior management team that is second to none, that
have developed strategies and methods and ways to make sure that we achieve your
vision. We have employees that care. They really truly care about the customers and the
citizens that they serve and that's why we are a safe city. That's why we are a good place
to live. That's why we have quality places to play and community events that we get
goose bumps on when the lighted parade have inspired our young ones and they have
visions of what this community is about and you will hear from the Mayor's Youth Advisory
Council how youth are engaged and how this community is all about our kids. That's why
I get excited to serve the people and to serve this community, because I serve with people
that want to stand beside every single one of us up here and I am very privileged and
honored that you had confidence to allow me to continue to serve this city and I hope that
you realize that the service that all of us do up here and that all of our employees do to
work with you to continue to make this a premier place to live, work, and raise our
families. I'm also privileged that we have our county partners here, Commissioner Dave
Case and Ada County Sheriff Steve Bartlett. These are important partners in our
community and we don't always agree, but he will come around. Right, Dave? But we
thank you all for being here. I want to thank my husband, because I think every one of
you that are married you know the importance of the support of your spouse and the
support of my spouse has been stellar. He's my best friend, my best sounding board, and
sometimes I'm throwing darts at that sounding board, but he gives me very wise counsel
and I couldn't do it without him. And I want to thank my kids. They grew up seeing my
service to the community and they know how it fills my heart and they have been a part of
it and they knock on doors every four years and -- and sometimes they happen into
neighborhoods where we found that problem and they still do it with a great smile and
gratitude. My grandkids also -- how can you say no to Bella when she's in front of your
Meridian City Council
January 5, 2016
Page 9 of 54
door saying vote for my grandma. New strategy and I think that Ty had figured that one
out when I saw him walking down the street with strollers with handles on both sides and
Brenda beside him and the baby and it is like, wow, that's a powerful campaign team.
Meridian is about families. But it's also about the people that care and I have a great
team. Peggy Gardner I think -- Peggy and Larry have been with me since my first
campaign for City Council and, boy, did we learn a lot of stuff. But she's still there and I so
appreciate you, Peggy Gardner. Okay. I could lament all night long and I won't, but,
needless to say, thank you for being here. To those that went and knocked on doors with
me and did a lot of kind of stilly and foolish things, but I appreciate you. Thank you to
those that got out and voted. Whether you voted for any of us sitting up here that were
just sworn in, thank you for taking time out of your busy day to have a voice in the
process. I see one of our youth council members and he told me that this would be the
year -- his first vote. So, Tyler, congratulations. And with that you don't have to last
throughout the whole evening, but if you would like to -- my mom actually asked for
permission to sit through the whole meeting and she has it. So, if you would like to get up
at anytime, feel free to. But thank you for being here and being part of history, the
swearing in of our youngest City Council member and being here to support us into the
next term. So, thank you.
Item 9: Department Reports: New Business
A. Mayor's Office: Mayor's Youth Advisory Council (MYAC) Update
De Weerd: You know, Brianna, if I had thought of it, I would have made them wait until
after -- shoot. And any business person that was here, just beware, City Council -- or our
youth council will be calling you to help them out. Dang it. Okay. Item 8 -- or 9-A under
Department Reports, new business. We will hear from the Mayor's Office that hosts our
Mayor's Youth Advisory Council. In front of us we have Brianna Siddoway.
Siddoway: Thank you, Madam Mayor. Madam Mayor, Members of the Council, for the
record my name is Brianna Siddoway. I will be giving you an update of the Mayor's Youth
Advisory Council for the activities of November and December and this is our third update
of the MYAC year. As you can see at the top of the screen, those -- that is a picture of our
MYAC group photo. We always like to take a silly one as well, as you can see on the
right, it's -- and become so close and we all have bonded very well together. First I would
like to talk about the STAND grant. MYAC won the STAND grant once again this year
and we were able to send two members of MYAC to a workshop to learn how to -- to learn
the requirements for a -- for an anti-tobacco event. We are planning to partner with the
Village at Meridian and we are hoping to hold a free movie for teens and we will have
booths and previews to show the dangers of tobacco use and we will have more
information about this at a future date. The Teen Activities Committee held their first
official event at Dart Wars. This was a very exciting event and it was a great way for
members of this -- of this committee to meet each other, seeing how we all don't go to the
same school and it was a very exciting way to just -- to just be in a safe environment and
meet new people. We cohosted a float with Buckle Up For Bobby for the Winter Lights
Parade and we did this so that we could show the community how serious we were about
Meridian City Council
January 5, 2016
Page 10 of 54
seatbelt safety as we were trying to pass the seatbelt safety law. Sorry. Our theme that
we had was All We Want Is You, a popular Mariah Carey song, and we handed out these
candy canes with messages of seatbelt safety on them and we handed those out to the
crowd and it was a really exciting event and I know that everyone who participated loved it
and it was a memory that we will never forget. We had our MYAC all valley Christmas
party at the Idaho Party Barn. We had 125 teens from Meridian, Nampa, Middleton and
Caldwell attend. We had dancing, a gift exchange, and, most importantly, we held a toy
drive for the Boys and Girls Club. Together we -- we donated 50 gifts to help these
children have a substantial holiday and that's also what I will be talking about next, the
Christmas gift exchange. We partnered with the Meridian Police Department, the Fire
Department and the Meridian Anti-drug Coalition and EMS workers. This was the third
annual Christmas party that they have held and they have a dance party, games with a
reindeer that you saw in the picture before and the kids were able to play with -- you
know, meet the reindeer and, then, they also had the gifts that we donated that were
labeled with ages so that the children could all have a gift that was fitting for them and one
that they would truly enjoy. And I will now stand for questions.
De Weerd: Thank you. Council, any questions?
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: It's always one of my favorite reports. As always, nice job.
Siddoway: Thank you.
Cavener: Brianna, maybe share with us what -- what's your favorite part about the youth
council? What -- if you were to go encourage somebody to come join it, what's the one
thing that you always tell them about?
Siddoway: Madam Mayor, Council Member Cavener, I definitely -- I just love the -- how
friendly people are in MYAC and it's -- get emotional. It's -- it's such a safe and happy
environment and it's -- like every time that we have a meeting or we have an event, just
seeing all the people three and everyone is happy and everyone is being invited and we
are all caring for each other, that's just what I love most about MYAC is that we have such
a caring nature in all of us that we -- we all share it with each other and it's made us a
family.
Cavener: That's great. That's awesome to hear. Thanks again for sharing.
Siddoway: Yeah. Thank you.
De Weerd: You know -- and I would say this is one of the most cohesive Mayor's Youth
Advisory Councils that we have had and certainly you have seen that in our executive
council -- they don't have to hang out together, but they come together as a council and,
Meridian City Council
January 5, 2016
Page 11 of 54
then, we hear of when they come together outside of their council meetings and they
become a family and it's neat to see that kind of relationship building among the -- the
representatives from the different schools that wouldn't have met otherwise and I will tell
you they are not just passionate, they are making things happen. Their leadership this
year has been stellar. So, kudos to all of our executive council members.
Siddoway: Thank you.
De Weerd: And our members in general.
Zaremba: Madam Mayor?
De Weerd: Yes, Mr. Zaremba.
Zaremba: I would just comment. We all know that it's common to think of youth as a lost
group of people off doing their own thing. I am so thrilled with what you and all the MYAC
people are doing. You really make us all optimistic about the future. You are participating
in the community now and making a positive influence in the community now --
Siddoway: Thank you.
Zaremba: -- and -- and that's just a wonderful thing to see.
Siddoway: Thank you very much.
De Weerd: And there is a standing invitation to City Council members -- anytime you
want you can come out and hang out with us and there is a legislative breakfast coming
up in two weeks and so certainly we will give you information on that, if you would like to --
to come and listen to our government affairs students as they talk with our legislators.
Siddoway: Thank you.
De Weerd: Okay. Anything further? Thank you.
Siddoway: Thank you.
B. Public Works: Information Only Regarding Job Position Changes
De Weerd: Great job. Okay. Item 9-B is under our Public Works and I will turn this over
to Mike.
Pepin: Thank you, Madam Mayor, Members of the Council. This is a tough agenda to
follow, so I will make this quick and brief. No slides. This is an informational update. We
brought to you in October a realignment of the Public Works Department and there was a
few things that we were going to need some time to fully implement and I wanted to share
with you those adjustments and, then, the implementation of those. There were two
Meridian City Council
January 5, 2016
Page 12 of 54
positions that we were looking to pivot on, because they had different needs in the
department. One was the environmental programs manager and that was leveled at a K
and we pivoted on that and went to an education and outreach specialist, which came
back leveled as a J, so that's actually a personnel savings of about 6,000 dollars a year in
annual salary. The other position was surface water program administrator and we
pivoted on that and went to environmental programs coordinator. That's a neutral. Those
were both J positions and we are looking to go out to market and advertise for those
positions within the next two weeks. So, we wanted to bring back those final
implementation pieces that we brought to you in October, so that you are -- have some
awareness on what we are going to be going out to market for.
De Weerd: Thank you, Mike. Appreciate that.
Pepin: Thank you.
Item 10: Action Items
A. Oaks South Subdivision No. 3 (H-2015-0038) by Coleman Homes,
LLC Located South Side of W. McMillan Road Between N. McDermott
Road and N. Black Cat Road
1. Request: Final Plat Consisting of Forty (40) Single Family
Residential Lots and Five (5) Common Lots on 9.09 Acres of
Land in the R-8 Zoning District
De Weerd: Okay. Item 10 under Action Items. 10 -A is Oaks South Subdivision No. 3. I
will turn this over to our staff.
Beach: Thank you, Madam Mayor, Members of the Council. This is coming before you
because the applicant did not get back to staff in time for it to be put on the Consent
Agenda, just as a process. So, this is a final plat. The site consists of 9.09 acres of land.
It's currently zoned R-8 and is located on the south side of West McMillan Road between
North McDermott Road and North Black Cat Road. A little history on the project.
Annexation and a preliminary plat for the site were both approved back in 2013 and this is
the third phase of the final plat. Proposed final plat depicts 40 single family residential
building lots and five common lots on, again, 9.09 acres of land in the R-8 zoning district.
The average lot size for the residential portion of the development is 7,422 square feet.
The gross density of the development is 4.4 dwelling units per acre, with a net density of
5.87 dwelling units per acre. All of the lots proposed in the subdivision are for single
family detached homes and comply with the dimension standards of the R-8 zoning
district. The applicants -- as I said, did get back to staff in agreement with all the -- the
terms of the staff report and staff is recommending approval of the application. Stand for
any questions you may have on the application.
De Weerd: Thank you. Counsel, any questions?
Meridian City Council
January 5, 2016
Page 13 of 54
Bird: I have none.
De Weerd: Okay.
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: I move that we approve H-2015-0038, final plat.
Bird: Second.
De Weerd: I have a motion and a second to approve Item 10-A. Any discussion?
Madam Clerk, will you call roll.
Roll Call: Bird; yea; Zaremba, yeah; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
B. Public Hearing Continued from December 15, 2015 for Eagle
Commons at Overland (H-2015-0024) by Eagle Commons at
Overland, LLC Located Northeast Corner of S. Eagle Road and E.
Overland Road
1. Request: Execute a Development Agreement Required with
the Annexation of the Property for the Purpose of Including a
Concept Plan and Specific Provisions Relevant to the
Development of the Property
De Weerd: Item 10-B is a public hearing continued from December 15th for Eagle
Commons at Overland. I will open this public hearing with staff comments.
Watters: Thank you, Madam Mayor, Members of the Council. The next application before
you is a request for a development agreement modification on the I-84 Center
development agreement. This site consists of 21.25 acres of land, zoned C-G, located
northeast of the South Eagle Road, East Overland Road intersection south of I-84. This
property was annexed back in 1995 as part of a 74 acre development area for the I-84
Center, which consisted of 73.5 acres of land that was proposed as a commercial planned
development to develop with a 700,000 square foot retail power center. The applicant for
that project chose not to proceed with development and the development agreement was
never executed. However, the provisions of annexation still applied to the development of
this site. The Comprehensive Plan future land use map designation for this property is
mixed use regional and this is an aerial view of the property. The Elk's property is here to
the north and, then, this property is owned by Kissler. The applicant requests approval of
Meridian City Council
January 5, 2016
Page 14 of 54
a modification to the provisions of the development agreement to include a new
conceptual development plan and specific provisions related to development of this site.
This was the conceptual development plan that was approved back in 1995 with the
annexation. As you can see, all the retail buildings are kind of around the perimeter of the
development with internal parking. The applicant has submitted the proposed concept
plan to change in the agreement. The previous provisions required the donation of a well
site to the city, which the city engineer deems has no longer necessary and the
requirement for the property to be subdivided and a conditional use permit required for all
development. Staff has verified that the subject three parcels are original parcels of
record per the city code and are, therefore, eligible for building permits if the pending
property boundary adjustment application is finalized and the conditional use permit
should only be required if the use is listed as a conditional use in the C-G zoning district.
The other provisions are now standard development agreement -- excuse me --
development requirements contained in the UDC that staff did not recommend are
included in the new development agreement. The proposed concept plan before you
depicts three phases of development. The first phase will include the construction of a
two story, 86,000 square foot store for Norco and associated parking and drive aisles on
Lot 2. That is this building right here. The ground floor will have a retail showroom for
medical and industrial supplies, with a warehouse and retail storage. The second floor will
house the new billing office for the medical side of Norco. The second phase will include
the construction of an 86,000 to 95,000 square foot single story commercial retail store on
Lot 1. That is the major A building right here. The third phase will consist of a single pad
site on Lot 3 along the west boundary of the site . No specific users are identified at this
time. The Five Mile Creek runs east-west along the southern boundary of the site. You
can see here the -- this area right here and across the proposed driveway via East
Overland Road to the east boundary of the site. The driveway you can see is proposed
down here. This is the light at the intersection here at Overland. A ten foot wide multi-use
pathway is proposed along the north boundary of the creek in accord with the pathways
master plan within a public pedestrian easement. A portion of this project lies within the
Meridian flood plain overlay district. A flood plain permit application is required to be
approved by the city prior to any development occurring in the overlay district. A driveway
is proposed for access via East Overland at a signalized intersection, East Overland Road
and South Silverstone Way. The concept plan depicts a 30 foot wide commercial
driveway around the perimeter of the site for temporary access to the Norco site and two
emergency accesses for the fire department are proposed at the west boundary of the site
via south Rackham Way that will be gated until such time as Lot 3 develops and that is
right in these locations here. A cross-access easement is required to be provided to the
property to the east, Zamzow's, where the driveway stub is currently located and that is
generally here in this area, I believe. Based on ACHD's comments, right of way is
required to be dedicated along the west boundary of the site to widen South Rackham
Way to local street standards and along the east boundary of the site to provide public
street frontage to the Steer property and that is right in here, which will allow for the
development of a stub street in that location in the future if the property redevelops
commercially as anticipated. And construct South Silverstone Way from Overland as a
collector street through this site to the north property boundary for future extensions. This
will allow both the Elk's and Zamzow's properties access to the signalized intersection.
Meridian City Council
January 5, 2016
Page 15 of 54
Again, I will back up to the aerial here. This is the Elk's property to the north up here, I-84,
and, then, the Zamzow's building down here at the southeast corner. A 35 foot wide
street buffer is required along East Overland Road as an entryway corridor. A 20 foot
wide street buffer will be required adjacent to the future collector road and a ten foot wide
street buffer is required along South Rackham Way, a loc al street. A six to eight foot tall
fence or a wall is required to be constructed along the east boundary of the site adjacent
to residential uses with the first phase of development. These lots right here are all
residential lots in Jewel Subdivision. The applicant should work with the neighbors to
determine an appropriate fencing height and material. The p roposed development
agreement only applies to the subject 21.25 acre property. When the remainder of the
property to the north develops, the developer of that property will also be required to enter
into a development agreement subject to the terms of the annexation, unless otherwise
modified. The provisions of this agreement do not apply to that property and that is the
Elk's property up here. Written testimony has been received from Jeff Huber, the
applicant. He requests the following changes to the staff report. You guys should have
also received a copy of that. I will run through them real quick. DA provision number two,
they would like to remove the requirement for a 20 foot wide street buffer along the
collector street as one isn't proposed. Staff agrees with this only if Council doesn't require
a collector street. The applicant is asking for only the driveway to be provided. Condition
number three. Only require a 20 foot -- 25 foot wide buffer along the back side of the
residential lots, not within the floodway area. Staff agrees if Council does not require a
collector street again. Number eight. Allowance of a property boundary adjustment or
subdivision of the property prior to the second phase of development, instead of just a
subdivision, since there are three original parcels of record. This is a carry-over provision
from the existing development agreement provisions and staff is in agreement with the
applicant's request. Number nine. The applicant does not agree to providing a cross-
access easement to the property to the east, Zamzow's, where the driveway stub is
located, without them paying their share for the cost of the access born by Kissler. Staff
does not agree with this request. Number 13. Remove the restriction for a one story
building on Lot 1 and allow future construction to comply with UDC standards for the C-G
district. Staff does agree with this requested change. Number 16. Remove the
requirement for dedication of right of way for the construction of Silverstone Way from
Overland to the north boundary with the first phase of development. The applicant is
willing to work with adjacent property owners, ACHD and the city to find an equitable
solution for access if current access isn't acceptable. This is a recommendation of ACHD
and staff does not agree with this change. Number 17. The applicant requests removal of
the requirement for additional right of way to be dedicated along the west boundary of the
site to widen South Rackham Way. Again, this is a recommendation of ACHD and staff
does not agree with the proposed change. Number 18. Modify to only require a six foot
tall fence, rather than an eight foot -- six to eight foot along the back side of the residential
lots outside of the floodway. Staff agrees with a six foot tall fence if a dense buffer that
allows trees to touch at maturity per UDC 11-3B-9C is provided for the area outside the
floodway. Number 19. Modify to allow for additional building permits beyond one to be
issued with approval of a property boundary adjustment. Staff is in agreement with this
change. And number 22 and 23, the applicant does not want to be obligated to pay for
upsizing a line for the adjacent property owner's future project. They believe that they
Meridian City Council
January 5, 2016
Page 16 of 54
should pay the additional cost. Staff's comments on that is if -- if any oversizing is
required the applicant may potentially be eligible for a reimbursement under Meridian City
Code. Staff is recommending approval of the modification to the development agreement
per the provisions in the staff report and the changes I just mentioned. Staff will stand for
any questions Mayor and Council may have.
De Weerd: Thank you. Council, any questions?
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: On dredging up memory of the last time something was brought on this project,
the biggest issue was the concerns -- it's addressed here. A floodway permit application
is required to be approved by city prior to any development occurring in the overlay district
and, then, along with that, along the west boundary of the site there are required to widen
South Rackham Way. As I recall, those have always been required of whoever brought
anything forward on this. One of the major issues was they weren't able to work out the
flood plain permit and the widening of the road. There was some assessment made that
widening that road would require a fairly expensive bridge or the flood plain would be
backed up and it would change the nature of the flood plain. Am I remembering any of
that -- I'm looking at Clint, but am I remembering any of that correctly? It seems to me
there was an issue that previous applicants haven't been able to re solve.
Dolsby: Madam Mayor, Members of the Council, Council Member Zaremba, I do recall
something similar to what you said. I don't recall the details of that. I think it was a
Council meeting I was at where this was brought forward several years ago, though, that
you asked some of the same questions.
Zaremba: It was many years ago and my concern is whether or not the requirement to
preserve the flood way and get the application is going to be difficult. I'm suggesting that
some engineering be considered before the application -- before the applicant moves
ahead. Maybe.
Dolsby: I'd agree with that.
De Weerd: I think it's probably a good question for the applicant. Maybe their
representative can -- can answer that.
Zaremba: Thank you.
De Weerd: Any other questions at this point? Okay. Would the applicant like to make
comment? Good evening. Thank you for joining us. If you will, please, state your name
and address for the record.
Meridian City Council
January 5, 2016
Page 17 of 54
Huber: Madam Mayor, Members of the Council, my name is Jeff Huber. My address is
8385 West Emerald in Boise.
De Weerd: Thank you.
Huber: And represent the applicant. Staff's done a wonderful job of introducing this
project to you and we are proud to present it tonight. A lot has changed since 1995 when
the original project was brought before you. Mr. Kissler purchased this property in 19 -- in
2004 and has been planning his project ever since then. He realized at some point that
he would need additional access, because Rackham Way would not be sufficient for this
project. In 2014 he purchased from the Sundance company an access for his project.
Since then we have met with the city and in May of this year -- or last year and had a pre-
application meeting and went over -- discussed this with staff and we -- at that time the
access did come up and that was an issue. We went out and reached out to the Elk's to
the north and have had ongoing discussions with them regarding the access to this
property, as well as the property to the east Zamzow's. But we have been unable to reach
an agreement on the improvements across for the collector street, that ACHD would like
to see built and that staff is proposing. We feel that our project doesn't warrant a collector
street and -- but we are willing to preserve reserve right of way for that street in the future
if we can reach an agreement with the adjoining property owners on the cost. We came
back to staff again in October and had another meeting. At that meeting the development
agreement was brought up from the previous project in 1995. So, we have applied -- this
is where we are tonight. We applied for a development agreement modification for a
development agreement that doesn't really exist, but was part of the annexation from the
previous applicant. The timing of this -- of this project is critical to Mr. Kissler. As you can
well imagine, the relocation of 200 to 300 employees just doesn't occur overnight, it takes
months and years of planning and, then, the timing becomes very critical as it all comes
together and the project is built. So, it's not just the building of the project, but it's the
moving of the employees, and we have incurred a couple of delays along the way and
following the last pre-application meeting we had in October, we had a meeting with
ACHD and they at that meeting requested that we build a collector street. We -- we told
them we don't feel that's fair. Our development does not warrant a collector street and if
the collector street is going to be in that location, everyone should share in the cost.
There are a number of costs associated with that access. The modification of the traffic
signal, there are latecomer fees associated with that traffic signal. There are construction
costs of the roadway itself and related improvements and there is the cost of the
acquisition of the access that has been incurred by Mr. Kissler. So, that is the -- one of
the main reasons we are before you tonight requesting that that condition be deleted.
There is access -- the Elk's property has access via Rackham Way and via an easement
-- a recorded easement through the Jewel Subdivision in this location. Those properties
were purchased with that, knowing that that was their access at that time when Mr. Kissler
purchased his, knowing that Rackham Way was his access, but would not be sufficient in
the future for his project. So, that's why he went and spent quite a large sum of money for
that access and we feel it's only fair that the other property owners share in those costs, if
a collector street is going to be there. The timing is so very critical for -- for this project. I
Meridian City Council
January 5, 2016
Page 18 of 54
think I'd like to have Mr. Kissler come up and kind of describe the project for you, so you
can see what's going to be coming into the city.
De Weerd: Good evening. Thank you for joining us.
Kissler: Yes.
De Weerd: If you will, please, state your name and address for the record.
Kissler: Yes. Jim Kissler. 1591 Sendero Lane in Boise, Idaho.
De Weerd: Thank you.
Kissler: Thank you, Madam Mayor and distinguished members of the City Council.
Rather than really describing the project, I think I will just take a few minutes and give you
a little history on the -- the history of Norco, the company that my father and I built when
we bought it since 1968. The business has grown considerably. He bought two
branches. We were down in Boise and in Twin Falls, Idaho. Now we have 70 branches
and some of those are large medical facilities. Initially this was an industrial supply
company, but we sell oxygen, so we are in the medical business. So, we are doing a
consolidation of the medical billing process that's done out of these seven regional states
and in bringing it back to Idaho. It's a little bit more efficient to do billing in our central
location, rather than Kalispell, Klamath Falls, Bellingham and Elko. So, in making that
decision our billing facilities don't fit in our existing facilities, as we have consolidated. We
are over on Amity Road by the airport and that's a three story building, but there is a lot of
labor involved. So, the real urgency on this project has to do with that second store that's
40,000 feet and that will mostly be billing people. Much the same way that Blue Cross is
on Eagle Road and, then, they do their regional billing, too. So, that's kind of the time
frame. I was hoping that we would be moved in by the end of this year. Now we are kind
of dealing with this whole access and the cost -- cost of the project. By just putting Norco
out there in that corn field -- and you will remember that, basically, I have done two other
Norco buildings in Meridian, one on Fairview originally and, then, now we are out on Eagle
Road and Ustick and we kind of built that one out in a field, too. But it is expensive to
bring the utilities. We are set farther back from the -- from the roadway on this particular --
because where my land is, it's more in the center of this 90 degree -- 90 acre parcel. So,
that additional cost of having to put that roadway in and the acquisition of the land puts
about two million dollars onto our project. My building would be about ten million dollars
to do that anyhow and I expected to have a co-tenant out there that was shown in that
major building right next to mine. That hasn't come to fruition and this access issue has
been kind of part of the problem with that. I'd like to go forward with this project if we can
work through these issues and bring these jobs from Boise to Meridian, but the cost of
having to add 20 percent to the project for me having to bear that entirely is a pretty big
cost. I paid for my access and we have had meetings with the neighbors, friendly
meetings, because I know the people from the Elk's and I know the Zamzow family. To
say, hey, we will give you your access, but we would like you to share in the cost of this,
to help to defray the cost of my project. So, if we can get the approvals tonight that we
Meridian City Council
January 5, 2016
Page 19 of 54
are looking for, we want to do the project, we want to come out to Meridian, bring these
jobs and I need to do it in kind of a timely fashion. I'd take any of your questions if you
like.
De Weerd: Council, any questions for Mr. Kissler? Okay. Thank you. Thanks for being
here.
Kissler: Thank you very much for your time.
Huber: We would request your approval tonight. We are in agreement with the staff
report, with the exception of five items and I'd like to go through those with you. Condition
number eight is a -- no. Excuse me. Condition number nine is a condition to grant access
to the property to the east -- properties to the east. Zamzow's. The Steer property. And
we would request that that be deleted, because of the issues that we brought forward to
you tonight. Condition number 16, again, is the requirement to provide access to the
property to the north via a collector street and we would request that that condition be
deleted for the reasons that we have stated tonight. Condition number 17. There is 65
feet of right of way for Rackham Way there. We don't -- we don't understand what the
additional need would be for a local street improvement. So, we would request that that
be deleted. And condition number 22 and condition number 23 both refer to the --
bringing the sewer through and up sizing the sewer and water lines and we are perfectly
willing to bring the sewer through, but if there is an upsizing for other projects and other
property owners, we feel that they should share in that cost. All of the other conditions we
are in agreement with and we would request your approval and I stand for questions.
De Weerd: Thank you. Council, any questions?
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: Mr. Huber, I may have missed it. Can you -- can you explain to me what your
basis is for not thinking you guys would need a collector street? I don't know if I heard
that -- that particular piece.
Huber: Well, Madam Mayor, Councilman Cavener, our project doesn't -- isn't large
enough to require a collector street and if we are going to build a collector street for the
other parties to use, we feel that they should share in the cost. For us -- put it in
perspective for you, if -- if I was just a barber and was going to build a barber shop there,
would I have to build a collector street through to everybody if I was just going to have a
barbershop with one chair in it? It's not much different than just Mr. Kissler's project. It's
larger, but it doesn't warrant a collector street. It's just -- all he needs is a drive aisle.
Cavener: Madam Mayor? I heard from Mr. Kissler two to three hundred employees?
Huber: Yes.
Meridian City Council
January 5, 2016
Page 20 of 54
Cavener: With all due respect, that's a few more people than one person that would come
for a chair for a barbershop.
Huber: Well, sure, but it's still a development.
Cavener: Sure.
Huber: And the size of our development doesn't warrant a collector street and to require
us to build a collector street would be a taking of our property without just compensation.
Cavener: Thank you.
De Weerd: Okay. Mr. Zaremba.
Zaremba: Madam Mayor. The question I asked earlier -- have you actually done any
advanced engineering to -- and what I'm focusing on is the flood plain permit application.
Have you done any advanced engineering to determine whether that will go well or not?
Huber: Madam Mayor, Councilman Zaremba, we have our engineers working on this
project as we speak and improvements to Rackham Way, we are willing to do on the front
of our pad -- parcel out there in phase three and I'm sure that there is -- you can engineer
just about anything if you spend enough money on it. So, I'm sure we can get over that
hurdle.
Zaremba: All right. Thank you.
De Weerd: So, I -- I guess my question is -- excuse me. Because of the center position
you're in, I truly believe a collector road is appropriate. But is what you're saying if you
build it you want latecomers where you will get some kind reimbursement? Is that how I
understand it? Or you don't want to build it at all?
Huber: Madam Mayor, we don't want to build it at all is the answer. We would -- we
would build it if everybody would participate in it and we think that's only fair and equitable.
To date they have been -- we have had our meetings with the Elk's and Zamzow's and
they have not been willing to reach an agreement with us on the -- sharing the cost of that
road and as I stated earlier, we are willing to preserve or reserve right of way for that road.
Once those properties develop in the future, then, the road can be constructed to those
collector standards with everybody sharing in the cost. But we are wi lling to build our
project and the drive aisle today and we need to do that today to move toward.
De Weerd: Okay. Well, I will definitely have a question for Justin, so --
Huber: Okay.
De Weerd: Any further questions from Council?
Meridian City Council
January 5, 2016
Page 21 of 54
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I guess I would ask staff this. This is not an unusual circumstance. We
regularly have development where there is going to be another development behind them
and several things -- sewer, water, and roadways need to be adequate to serve the future
and, yes, that may not be this applicant's responsibility, but this not a unique situation.
We have them all over the place and I guess my question is what do we do about who
pays for it?
De Weerd: Yeah. That was going to be a question to Justin.
Zaremba: Oh. Okay.
Watters: Madam Mayor, Councilman Zaremba, road issues would be a question for
Justin. So far as services, there may be a latecomers agreement that they could enter
into if upsizing is required. But other than that, our code does require services to be to
and through and we require public streets to be extended and cross-access easements to
be granted when access to a local street isn't available. Standard requirement.
Zaremba: Thank you.
De Weerd: Okay. Anything further from Council?
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: Jeff, with regard to the cross-access, is it the same argument that you make that
you don't want to pay for it exclusively, as opposed to it's not even necessary?
Huber: Well, our project does not warrant a collector street and we -- but we are willing to
pay our pro rata share of a collector street --
Borton: Right.
Huber: -- if the other parties are willing to chip in also and share in the cost.
Borton: With regards to the condition number nine, that spoke to the cross-access to the
east.
Huber: Yes.
Meridian City Council
January 5, 2016
Page 22 of 54
Borton: Merely granting the cross-access itself was objectionable. Is it the belief that it's
not required? You shouldn't be required to put in -- or provide cross-access or that you --
it's appropriate, but you don't want to pay for it exclusively?
Huber: Correct. We -- if we grant access, then, we -- they wouldn't have to pay for it.
They wouldn't have to pay for the -- for the improvements to this signal and the collector
street that they would all benefit from.
Borton: Okay. Thanks.
De Weerd: Thank you.
Huber: And in closing I just wanted to reiterate that these properties do have access from
a local street currently. Thank you.
De Weerd: This is a public hearing. Is there anyone who would like to provide testimony
on this item?
White: Jason White. White-Leasure Development Company. 8385 West Emerald Street.
To answer your question, Councilman Zaremba -- did I get it right? We have done --
Quadrant Engineering has done the hydrology study on the Five Mile Creek and we are --
that's why the buildings are set to the north. So, we will stay out of the flood way and
flood plain. What wasn't studied was how -- the inlet at Rackham Way. So, we don't -- we
don't really know the answer to that question of widening Rackham Way would do
anything to that. But we did study that whole -- the rest of the Five Mile drain.
De Weerd: Okay. Justin, I guess we had a question about this collector and how Ada
County Highway District typically addresses this kind of scenario.
Lucas: Thank you, Madam Mayor. Just for the record, Justin Lucas, representing the
Ada County Highway District. Business address is 3775 Adams Street, Garden City,
Idaho. Just to begin, application before you tonight is a modification to a development
agreement. So, in these situations ACHD doesn't have a -- really an application to
comment on specifically because we are not parties to your development agreements with
developers. That said, oftentimes you do have requirements within development
agreements that affect the highway district and there is, you know, a mutual
understanding between our agencies. But I just want to make that clear, because that's
why you don't have an official staff report or anything like that from ACHD, because there
was nothing that we were able to really respond to that was submitted to us for -- for
official review. That being stated, the collector street -- this is a -- I think it's accurate to
say this is not a unique situation, we deal with this all the time where a collector street is
required of one landowner or property owner that provides access to another landowner
or property owner. That happens all the time. It's something that ACHD consistently
requires and is something that -- we require it because collector streets are built by
development. They are built through development. ACHD has no program to build
collector streets, those are built by developers and so we -- in coordination with the city try
Meridian City Council
January 5, 2016
Page 23 of 54
to come up with a logical way to extend those streets through the development process.
So, the comments you heard tonight were ACHD's, after looking at this, thinking this is the
most logical way to extend that specific street. So, I don't know if that helps to answer
your question. When it comes to who pays for it and -- and oftentimes are these streets
built through some kind of cooperative agreement between landowners, I'm sure it occurs.
Rarely does it occur with an official agreement with the highway district. Those are
typically deals that are struck between the property owners. But the streets get built and
ACHD is not necessarily party to who is financing the roadway. So, I don't know if that
answers your questions completely, but that's the -- that's some information. I will pause
for any questions you might have.
De Weerd: Council, any questions? Mr. Cavener.
Cavener: Madam Mayor. Justin, thanks. And I just need some further clarification. The
applicant is saying that they don't feel that the amount of vehicles that are going to be
coming to their development warrants a collector. Maybe you could just explain to me a
little bit more the basis from ACHD as to why you think a collector is warranted.
Lucas: So, I will explain -- let me start with this: To my knowledge there has been no
traffic impact study performed for this development, so I have no data or -- or document to
review that would give me an answer on the number of trips going in and out and things
like that. So, at this point in the process ACHD has reviewed no such document. That
being stated, oftentimes streets such as this, whether it be a collector or just an extension
of a local commercial street, are oftentimes built without entirely being warranted by one
single development, because they are built to serve the entire area. It's a public street.
And so oftentimes it's not uncommon for a developer to be required to built a street that
his sole development or her sole development may be -- may warrant. The issue is more
of an issue of connectivity, rather than warrants of any specific development.
De Weerd: So, basically, what I hear is until you get an application for what it is, you don't
know if needs to be a local street or a collector and that, then, the applicant gets hit with
an unexpected -- let's say they are now working into their finance plan a local street and
ACHD, once they get their application, say, well, no, it needs to be a collector -- based on
what? I mean I would imagine that you would know what that street needs to be, because
of the intensity of the land use out there and isn't it better to know what the expectation is
going into this -- I mean staff could pull out any reference to road and say whatever ACHD
wants you to do, but I think it needs to be above board, so the people that are looking to
develop know what is expected and if it needs to be a joint venture between several
different property owners, they also know what it all entails.
Lucas: Madam Mayor, I can try to respond to that. The -- the issue of development
intensity within any city can vary widely based on the zoning designation. If a piece of
ground has a zoning designation of C-G within the City of Meridian, that could be so many
different things and so, really, the highway district has no ability to predict what a piece of
vacant ground with any broad zoning designation will require and so that is a difficult
situation. As I stated, it's more of an issue of connectivity. Now, I don't -- I would have to
Meridian City Council
January 5, 2016
Page 24 of 54
look at our master street map, but I mean we have been talking a lot about a collector
street tonight. I don't know if a collector street is actually identified for this area on our
master street map. I do not believe it is. So, whether it's a collector or a local commercial
street, let's just call it a public street. A public street connection between the signal at
Overland and Silverstone north along this property line connecting and terminating into
the Elk's property. So, that's been anticipated for a long time. There is a signal there at
Overland and -- and Silverstone Way and the idea of connecting that to and through this
broad vacant area I don't think has been under -- under the -- has been hidden in any
way. There has always been an anticipation that there be a public street connected to the
north at the signal into this area. The width of that street, the development requirements
associated with that street -- you're right, they could vary depending on the intensity, but,
to be honest, the difference between a local and a collector street in this situation is very
little. It's 36 feet of pavement. The sidewalk width, you have some landscaping
requirements associated with it, but public street connectivity in this area has been
anticipated for a very long time.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: Did you say the cost difference between building this as a local street verses a
collector is small?
Lucas: So, I can't speak to the specific cost of this project. Let's just say generally, yeah,
a collector street and a local street per -- built by a developer, as I say, the width and the
improvements are not extremely different in a commercial setting. A residential collector
street versus a residential local street, there could be some significant -- there could be
differences there. A sidewalk and other things. But this type of street, which serves
primarily commercial, there is not much of a difference there from a width standpoint. And
in a situation like this on a shared property boundary, ACHD does not require the entire
street be constructed by the one developer. The one owner they are required to build
basically half a street, plus 12 feet of pavement to accommodate two way traffic. So, they
are not necessarily required to build all of the curb, gutter and sidewalk improvements that
would, then, be born by the other property owner when there is a shared property line.
But all of those details, as I say, have not been analyzed for this specific development,
because it's a development agreement modification and there is really no -- no detailed
plan that ACHD has been able to review at this time. So, I don't know if that helps or hurts
the situation, but that's the -- I can certainly stand for any other questions you might have.
Watters: Madam Mayor, may I comment on -- on the issue of the development agreement
modification? That is correct, it's only a development agreement modification. ACHD
typically comments on subdivision applications. A provision of this original development
agreement is the terms of the annexation did require this property to be subdivided prior to
issuance of any building permit. That was probably the reason, so that ACHD could do a
traffic impact study and take a look at the street requirements for this property. With this
DA mod tonight the applicant is asking for that to be removed and for subdivision of the
Meridian City Council
January 5, 2016
Page 25 of 54
property to not be required and for them just to be issued building permits. So, that is
something that the Council should consider very seriously with this application.
De Weerd: Mr. Zaremba.
Zaremba: Madam Mayor. It comes as no surprise I have a sideways question on this
and it's about the viability of Rackham Way. I don't remember whether it was a previous
application on this property or a discussion about the property just to the south between
this and Overland, but the current use of Rackham Way is ACHD park and ride lot and
access to a farm, not commercial property or anything with heavy use and the issue was
the proximity of the intersection of Rackham Way, how close it is to Eagle Road. It
doesn't meet, as I recall, ACHD's setback requirements and I know that the fire
department had a great issue with being able to access Rackham Road from Overland
making a left turn off of Overland and I know there was some special striping, identifying
islands and don't cross this line and block this intersection. I'm not sure how that's
working. We may want to hear from our police or fire departments. But my question to
you is do -- and this puts you on the spot. Do you have anything in mind that this access
to Rackham Road -- Rackham Way may go away? I think there was discussion about
moving that intersection and what -- what's the current thinking about that?
Lucas: Yeah. Madam Mayor, Councilman Zaremba, Members of the Council, Rackham
Way, you're correct, is a substandard street that's an historic street that's been there a
very long time. As this area develops will not adequately serve the needs of higher
intensity. Just to quote in the memo that was sent over to Sonya, December 21, 2015,
ACHD is considering and would consider a vacation of Rackham Way, would be removing
it off -- removing it as public right of way, as long as some kind of other access is -- is
available. If Silverstone Way is connected as a public street with a signalized intersection
and can provide access to this entire area, Rackham Way becomes somewhat -- not
needed in many ways and can, then, be used for other purposes and so that's just what --
what is referenced in this -- in this memo is that Rackham Way would need to be vacated
or improved adjacent to the site if there is a desire to leave it as a public street. So, I think
ACHD would certainly consider vacation of Rackham Way. So, it would no longer serve --
serve this area if there was an alternate, more viable access. Does that help answer your
question, sir?
Zaremba: It does. Thank you. I don't know -- while you're standing there whether police
and fire want to chime in on it or not, but --
Palmer: Madam Mayor, Members of the Council, Councilman Zaremba, from our
standpoint currently when we do have calls in that area to access it is difficult, because
there is so much congestion and I would agree with Justin that should that area intensify
with traffic, it's just going to exacerbate the issues that we currently experience there.
People rarely observe the lines and often block that traffic to position themselves for the
moves that they want to make onto Eagle, so it does create quite a bit of congestion and
safety concerns for us when responding into that area currently.
Meridian City Council
January 5, 2016
Page 26 of 54
Overton: Madam Mayor, Members of the Council, Councilman Zaremba, from a police
perspective -- I mean one month out of the year that's a zoo. The other 11 months we
don't generally get a call out there. Police cars, of course, we can get to places that the
big fire trucks can't get to, but we were always hoping our planning over the past decade
that eventually when that road went through, Rackham Way would go away and we
wouldn't have that issue with having that road so close.
Zaremba: Madam Mayor? So, I guess what I'm leaning towards -- we have a
requirement for the applicant to make improvements on Rackham Way. I would rather
have them spend that money on -- on the public road that accesses the signal and I'm
wondering if that's -- is that a possible trade? I don't know whether that's an ACHD
question or a development question.
Lucas: Madam Mayor, Members of the Council, you know, certainly if ACHD were able to
review a subdivision on this site that is where ACHD is able to do a more thorough
analysis of opportunities and options available for -- for a development of this scale and
scope. So, absent of that, you know, ACHD, due to our special purpose nature, it doesn't
have a lot of authority when it comes to some of these -- of these types of situations and
so I can't say what would happen during that process, but certainly it's happened in the
past through the subdivision process, there is a vacation and exchange, that all of those
things are possible and have happened many, many times in similar situations.
Zaremba: Thank you. Just a comment. I think my take away from this part of the
discussion is that we need to preserve the requirement that they do a subdivision. That's
totally sideways from what we are talking about, but I -- that's the conclusion I would draw.
Lucas: Thank you.
De Weerd: Okay. Anything further from Council? Any other public testimony before I ask
the applicant to provide closing remarks? Good evening, Larry.
Leasure: Good evening, Madam Mayor, Members of the Council. Larry Leasure. White -
Leasure Development Company. 8365 Emerald. Appreciate a chance to make a few
closing comments as it relates to this particular project, because this is unusual. We have
done over a hundred shopping centers. We have some idea how they work and what
needs to happen and when there are collector streets and so forth. Or private streets.
Many of our developments have private drives, which is what initially we had talked about
here in this particular project, because we are not talking 90 acres here. There are a few
of us that were around in 1995. I'm not going to look at any of you that were there with me
in 1995, but I can tell you this particular site and what's happened since that time in
Meridian is, obviously, pretty dramatic. But I will always share with you that in 1995 you
saw a plan that staff presented tonight. That was one of 50 plans that were laid out on
this site. I'm talking the 90 acres. This is 20 acres of that 90 acres. This parcel can, in
fact, be developed with a private drive, if they have access off of the main element. At no
time was there a final commitment as to where the location would be of what we are now
calling a collector street. The site plan that's before you right now, that was the one that
Meridian City Council
January 5, 2016
Page 27 of 54
ultimately you approved, which never happened. Developer walked away and nothing
was developed. The truth is a majority of the plans that were drawn on this site --
because at the time Sundance was developing their project, they didn't know exactly
where that location was going to be off of Overland. Number one. At the same time there
was much discussion about an access point off of Eagle Road and the need for that to
happen and why that could. In those years perhaps that could have been done and I can
tell you for sure that if we had been involved we would certainly have been trying to make
that happen for access for a 90 acre location and I think that that was very important. The
other thing is the major access point, yes, came off at this location, meaning off of
Overland, but, then, this is Five Mile. Well, that's really where the roadway went on a
majority of the applications and the site plans that were drawn and the buildings were
back against the real estate, not upon the freeway. So, in other words -- this keeps acting
up here. Sorry about that. Let me try your --
Watters: Larry, select a color at the top if you would. Push one of those buttons up there,
then, you can draw with it.
Leasure: Oh. Great. Thank you. So, in the very beginning when you're talking the 90
acres, the access was up here, wrapped around here, tied into what was Rackham Way
and, then, the buildings were all here and you will find back in the staff archives that that's
really the way it was developed. So, when we started master planning the 20 acre site
with Norco and their property and what we could do, we looked at this site from the
standpoint of how it could be integrated long term, not knowing what -- what the Elk's or
the future buyers of the Elk's property would do. So, we actually moved our buildings over
to the west in the site -- in the other site plan -- in other words, our initial buildings were
over -- over -- over off to the side here and so -- is there green? I will try green. No, it's
not working. Anyway, what I'm saying is that at no point this collector that we are talking
about tonight was ever dedicated to go in this location we are talking about this evening.
We felt it made more sense for the future -- we were proposing a private drive, which we
have been all along when we met with ACHD. For the time being an access drive, like
any other private drive, would be built to ACHD standards and your standards to take care
of this first phase of the development. We don't need 37 feet -- and, believe me, there is a
difference in a full collector street and a residential street, number one -- I see the light
here. But the bridges -- the cost to build a bridge over this area that you're well aware of,
the -- of the wetland area that we have been able to solve. So, timing is -- is our question.
We are sitting here with just a small portion of the 90 acre site. We can develop this site
with private drives, still serving access to the Sundance, which is in our agreement, which
is the piece to the west, and we can move forward, reserving additional real estate --
reserving that hundred foot strip for the future when an d if something ever develops in
back or we come back for a more intense development in the future and that's what we
are really proposing. It's an area of fairness here as far as the improvements to the
infrastructure and the construction and, more importantly, the acquisition -- this all had to
be acquired. This was not a public access ever at any point. This had to be purchased
from Sundance. All of this. And was very substantial in cost. So, we are asking you to
approve it. We will get ACHD approval on the private drive that we have proposed here or
as located. We will reserve all that hundred feet, so that something in the future could
Meridian City Council
January 5, 2016
Page 28 of 54
happen. The folks to the east that -- that there was some discussion, it's a residential
parcel. It's zoned for residential. It's the back sides of their homes -- of their properties
that we are now being asked to give access to. I don't know whether that's for their
trailers -- I don't know what that accomplishes pushing all of that back down onto -- onto
our property. But that's why we have also suggested we don't think today until that -- that
happens. There is no question the Elk's property will be developed at some point. We all
know it's for sale. There have been numbers of people looking at it. When t hat happens
we are anxious to sit down with those folks -- the rights of way are there. We just don't
have to go in and build that today for a 40,000 square foot building, a two story building
that today Norco is proposing to bring into Eagle. The subdivision -- we understand also
the -- the need for subdivisions. One big question though. We have three legal lots today
that we can build on in the City of Meridian. We are requesting that one building permit to
go to get Norco moving and going forward. A subdivision is six to eight to nine to 12
months -- you might as well wipe it out for them doing anything this year with that
subdivision and legally we have a lot -- we have a lot that goes back and is legal and we
are requesting that that be approved, so that we can move forward on this one building
and that's the timing. We are not -- the other is --
De Weerd: Okay. Larry, you need to wrap it up.
Leasure: Thank you for your consideration and we understand it. Thank you.
Zaremba: Madam Mayor, I do have a question if I may.
De Weerd: Mr. Zaremba.
Zaremba: And I'm basing --
De Weerd: Mr. Leasure, I think he has a question for you.
Leasure: Yeah.
Zaremba: The suggestion has been made that in the past there have been arrangements
where a public road is required, that one applicant builds half plus 12. In other words,
you're not required to build everything and all the accoutrements that would be on the east
side of it. Frankly, I don't buy that anybody would look at this and not expect that roadway
to go through there. But my question to you is if there were some way not make the
improvements on Rackham, could you do the half plus 12 where the signal is?
Leasure: That definitely would be an option to consider with the applicant and I hear
where you're going with that as a possibility of phase one or step one. It's a possibility.
Zaremba: Well, the people on the east side would be required to complete the rest of the
street, so --
Leasure: Right. Right. And --
Meridian City Council
January 5, 2016
Page 29 of 54
Zaremba: Or north -- to the north.
Leasure: Yeah.
Zaremba: Either one.
Leasure: Yeah.
Zaremba: I just want to throw that thought out there. Is that something you would be
willing to consider?
Leasure: Well, I'd have to talk with our landowner potentially there and the --
De Weerd: You can't from there, but you can come up here.
Kissler: I don't want to make this complicated or drag it out. Do I repeat my name and
address?
De Weerd: Just -- you can just state your name.
Kissler: Jim Kissler.
De Weerd: Thank you.
Kissler: I bought that little panhandle of land from the Sundance people and I paid a half a
million dollars for it. Ten dollars a square foot. Okay? So, there was no roadway. When
I bought that land as farm property my access would have been Rackham. So, I made
arrangements with the Andersons over there at Sundance and I said if I'm going to do
anything more than the house that's on here, I'm going to have to have a wide access and
I bought it wide enough so that a hundred foot road -- isn't that what we planned to put in
there? A hundred foot road and it could be a big wide access. Now, I'd like to have it, too.
I wish somebody else would have put it in coming across my property, but I can't just
expect it. So, the Elk's have two separate locations where they do have access. It's
somewhat inadequate, just like my access was inadequate for me to get a lot of traffic in
and out. So, I bought that access to come up to that intersection, with all the baggage
that came with it. I have got to put the lights in and all the other improvements. So, when
I go to my neighbors -- and we have had dialogues. I have got a friendly relationship with
the Elk's people, okay? But I'm expecting them to do the same thing. It's not just a matter
of an additional 14 feet of asphalt there. I would be happy to do that if we were just talking
asphalt. But there is a value to that land, which I had to pay and there is an additional two
acres coming across my property of the 20 that is going to be that hundred foot wide
access. So, why do I have to put in what would be a four lane road for the luxury of my
neighbors, when I don't need it for this development. So, it's not just putting in half the
roadway, it's sharing the cost, and sharing the cost of those larger utilities if they are going
to put in something very large back there. But somebody that comes and buys the
Meridian City Council
January 5, 2016
Page 30 of 54
property from the Elk's is going to have to have some consideration for -- we need access,
we need to pay Mr. Kissler for it, myself, and reimburse my company or else we are going
to have to widen Rackham, relocate Rackham, so that it's not so close to that intersection,
which would be bothering the police and ambulance and fire department and they have to
make something cost in their land to be able to develop in the future much the same way
that I did. So, I go to my neighbors, Jim Zamzow and the people at the Elk's, and tell
them do you guys want to ante up for this thing and we have given them written proposals
and they sit back and say, no, because we suspect that the city might require it of you. It
is kind of a taking. It's not necessary for my project . They can buy it the same way I did.
And that concludes my comments.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Larry, I think -- I think -- and you would agree with me -- that Silverstone is the only
way to get into all that property back there. The other road is so close -- it's a hazard for
our emergency vehicles to go out there. In fact, some of our trucks have to go down and
make a u-turn to get back and get on it. It's -- it just -- and we have got to -- we as a
Council got to look out for the future of the development out here. While Mr. Kissler's
developments are great and we appreciate him bringing them to Meridian, we appreciate
everything they have done for Meridian -- been in Meridian, we -- we have got to be
practical about -- it's across from a collector, it's got the lights there. It's got to be the deal.
And it -- he can take it to the property line. We don't have a traffic study. He's going to
have a lot of employees out there. How many car trips are going to be coming, how many
other stores. You have trucks coming in and out. Are you going to have your delivery
thing out there and stuff? So, you're going to have big trucks coming in and out. I just -- I
feel for this -- this development at this time, that that should be a collector and we
-- everybody that is first in line -- you know, it's just like doing -- redoing an intersection,
the first two developers usually wind up paying all the deals. The other on the corners get
away scott free; right, Larry?
Leasure: That's right.
Bird: Okay. So, this is -- I know it's an added burden, but I think as a city and looking out
for the city, the safety -- my biggest thing is safety for our emergency workers and
everybody else -- the public period. I think that's got to be a collector, because it's across
from a collector and it also has the lights there now, so -- while I -- I just -- and it would be
nice if the Elk's and Zamzows would go in with you. You can certainly approach them on
that. It's done all the time by developers, agreements and stuff, and I just think that's got
to be the collector road and that other one goes away.
De Weerd: Anything further from Council?
Kissler: It's not necessary for my development.
Meridian City Council
January 5, 2016
Page 31 of 54
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: I have a question for staff. Speaking of Rackham Way, that access isn't going to
go away. It's connected to the Overland Village. You reference that in the staff report
from '08.
Watters: That is correct.
Borton: So, speaking of vacating Rackham Way, it might be from this project site to the
north perhaps, but not south.
Watters: Madam Mayor, Councilman Borton, when Overland Village came in -- I'm not
sure if you're aware of this already, but it did include a request to vacate a portion of
Rackham Way. Council did approve that request, but they never followed through with
ACHD and obtain approval to vacate it.
Borton: Okay.
Watters: So, it's still in its current configuration. It is approve -- been approved to be
relocated I believe right in here where my pointer is on the screen here.
Borton: Okay. Vacated and relocated, not eliminated altogether.
Watters: Yes. Vacated and relocated.
De Weerd: This is really odd. We usually don't have a discussion on what ACHD may or
may not require and not being the road department this makes it very awkward. We do
have to look at the future and whether the demand of this particular development would
warrant a private road versus a public road. It has to be a public road, because it's -- it's
what connects to the northern piece and it's what connects that entire undeveloped area
to a traffic light, which, as Mr. Bird pointed out, we have responsibility for the safety of -- of
our citizens and the developments that we approve. Who pays for it I think is really an
Ada County Highway District thing in can you require a latecomer that if the northern piece
wants to connect to a traffic light they have to pay to get there. I don't know. We typically
don't discuss this, which is what makes this odd. What we can say is that can't be a
private road. It connects to a lighted intersection and it would not be -- we would not be
doing our job for all property owners and for our public to say it's okay to just make that a
private. I do think this is an ACHD issue and it sounds like until you put an application in
front of them they are not going to weigh in. This is an oddity. I don't think we have ever
had this discussion before. So, we apologize we are clunky in this conversation, because
this is not our forte. It is not in our well house, but it's important all the same.
Milam: Madam Mayor?
Meridian City Council
January 5, 2016
Page 32 of 54
De Weerd: Mrs. Milam.
Milam: So -- and the way I see it makes -- see if I'm correct here. We -- we could either
send it for a subdivision and, then, ACHD -- with the requirement that we just go with
whatever ACHD recommends; right? Or remove that -- or require it be a collector street. I
don't think we really have any other options in order to keep it in a setting -- maybe if the
applicant would rather -- it sounds like they don't want to wait, because it takes a long
time. Then ACHD could do their job and give it the proper recommendation. But -- but
they don't want to wait. I don't think there is just really an option to get rid of it.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: Just for clarification if I may. What we are asking is to modify the existing
development agreement. The existing development agreement requires the subdivision;
is that correct?
Watters: Madam Mayor, Councilman Zaremba, the development agreement itself does
not currently exist. However, the provisions of the annexation that were to go into the
development agreement do exist.
Zaremba: Okay.
Watters: And, yes, they did require the property to be subdivided prior to issuance of any
building permits. So, to alleviate this issue, this is -- you know, don't approve that.
Zaremba: Don't approve the modification.
Watters: Staff supported that with the conditions in the staff report, because the applicant
was in a hurry and trying to get going and trying to get the building built. So, we were
trying to work with them and that's why staff solicited comments from ACHD. It is
abnormal, but that's the reason why.
Zaremba: Follow up if I may. Refresh my memory also. We have had a discussion about
people not signing development agreements over a great length of time. Have we
established currently on new applications that there is a six month deadline or something?
I -- this may be a question for Mr. Nary. I know we have discussed it over and over and
gone back and forth on it and at one point we made it two years and my recollection is we
have been talking about saying you either sign the development agreement within six
months or we have -- we don't annex it until we see it. Somebody refresh my memory on
that if you would.
Nary: Madam Mayor, Members of the Council, that -- that is the current practice and it is
-- I think that's in the ordinance update if I recall. In the past we, basically, just didn't
annex the property, but in 1995 I have no idea. Councilman Rountree is not here. He's
Meridian City Council
January 5, 2016
Page 33 of 54
the only one that might know. I have no idea. But I know we have had other -- I know we
have had other types of -- or other types of annexations where the property was annexed
and there was either no development agreement signed and it was planned, as in this
case, or it -- the development agreement just kind of hung in the balance and they didn't
connect those two together. So, this was probably that I would guess, but I don't know.
Zaremba: But we have fixed that for the future?
Nary: Correct.
Zaremba: Good. Thank you.
Watters: Madam Mayor, Councilman Zaremba, on this particular project they allowed the
annexation to take place, but the development agreement was required -- I believe it was
prior to subdivision of the property is what the agreement said. So, it was rather
abnormal.
Zaremba: Okay. That helped.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Sonya, I know Mr. Kissler is wanting to get this building started and I don't like to
hold people up. How important is the subdivision right now in this modified DA and can
we accomplish that after we would give him a building permit that we still have any bite?
Watters: Madam Mayor, Councilman Bird, yes, you could approve it without a subdivision
per the staff report. The reason for the subdivision would be to get a traffic impact study
and get ACHD's requirements. The bite would be certificate of occupancy.
Bird: Follow up, Madam Mayor? If we were to approve it and Silverstone being a
collector up to the property, then, that takes care of the one step you had with staff if that's
what the staff agreed with -- isn't that what the staff agrees with is to get that into a --
Watters: To the northern property boundary.
Bird: To the northern property --
Watters: To the Elk's property.
Bird: -- as a collector road at Silverstone where the lights are.
Watters: Yes.
Bird: Okay. Thank you.
Meridian City Council
January 5, 2016
Page 34 of 54
De Weerd: Okay. Council?
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: I see what staff is trying to do. It's, you know, one or the other, if I'm following you
with regards to the subdivision application or absent that preserving what we anticipate to
be the roadway improvements that might come from that process. The problem being the
process takes too long for the applicant's needs. I think Councilman Zaremba touched on
a kind concept that might be worth exploring in the short term that tries to capture what
Mr. Kissler is saying, which is a fair consideration in this unique circumstance, trying to
fairly allocate the cost of this collector roadway. If I heard you right, Councilman Zaremba
was making reference to rather than having this applicant construct the entire collector, it
would be a requirement to construct much less and share that cost with property to the
north, for example. The burden on this applicant would be to construct the one half plus
12 was one example, and perhaps some additional savings might be an amendment to
the requirements on Rackham Way and improvements to that, at least adjacent to this
parcel. I don't -- I can't do the math or feel comfortable if that's proper, nor probably can
the applicant, but I imagine -- I would think within a short time frame, maybe even a week,
that can be assessed to see whether that makes sense to explore, because if you can
preserve some tweak like that, you can go forward feeling comfortable removing the
subdivision requirement and approve a modified -- or approve the initial development
agreement and have those specifics within it. I don't know if that conversation -- we don't
want to reopen the door to latecomer agreements. I know those went away ten years
ago, but if this situation invites that type of reassessment to see if there is some horse
trading, for lack of a better word, but still allows the applicant to stay on a fast track, it
does share some of the cost, is that feasible?
Watters: Madam Mayor, Councilman Borton, what I think you're saying is allow the
applicant to work further with ACHD to determine if that would be an acceptable option?
Is that what you are proposing?
Borton: I think ACHD and our staff certainly -- we have discussed this half plus 12 and
eliminating improvements necessary on Rackham, there is true dollars to that and what I
don't think -- I don't think the discussion is -- and I agree with the Mayor and I think
everyone else up here, that the private road is truly what's the long term solution here, but
I think what we are trying to do is create an equitable solution for the public street that's
going to be there.
Watters: Staff has met with ACHD, with the applicants. We can meet with them again if
that's the route you would like to go. The next meeting is a workshop, it is not a public
meeting, so we would have to continue it out for two weeks if that's the direction you
decide to go.
De Weerd: We can still put this on.
Meridian City Council
January 5, 2016
Page 35 of 54
Bird: We can still put it on if we need to.
Borton: Madam Mayor? The only reason I throw that out there is just to see if the
concept is worth exploring. If it isn't -- maybe nobody thinks it is, but I thought Councilman
Zaremba's idea had some merit. Mr. Leasure was curious -- I just don't want to lose the
opportunity to have those discussions.
Watters: It may be a question for Justin from ACHD.
Lucas: Madam Mayor, Members of the Council, Justin Lucas, Ada County Highway
District. Once, again, this is a development agreement modification application and I
know we have gone over how that's awkward to be discussing all of these items within this
type of application. ACHD can accept right of way outside of the platting process and we
have done that many times. So, a subdivision plat is not required for ACHD to accept
right of way and to get a road built. Typically that's how we get it, because that's the only
way we can require it and get it and so -- but if the -- if there is a desire by the city to move
this forward without the platting process, but still get what I would call a public road
connection -- I wouldn't even go to the point of collector, I would just call it a pu blic road
connection from Overland to the north property line, there may be ways to accomplish that
outside of the platting process that could be more expeditious for the applicant. So, that is
possible. I can't -- I can't tonight explain all of those options, but I certainly know that's
happened in the past and we have oftentimes, through other types of applications, gotten
roads built. So, that is a possibility.
De Weerd: So, I guess, Justin, the question is can you work with staff and the applicant
and have some indication by next week?
Lucas: Madam Mayor, Members of the Council, I can commit to doing everything I can to
facilitate a meeting between our development staff, you know, City of Meridian
development staff and the applicant. I can't guarantee it will happen. I certainly know that
ACHD can make time available to attend a meeting to discuss options on this property. I
can't guarantee resolution, because a resolution will come from various parties, not just
ACHD.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I just have part of this and, again, I will put you on the spot. We have a couple
of these -- and I think of Pine Street east of Black Cat is a half plus 12 and maybe
Venable south of Ustick. I don't remember where all of them are, but it's not uncommon. I
think we have done several of them and I guess my question to you is how does that work
out for ACHD? Eventually an adjacent property owner has to complete that. How do you
track that?
Meridian City Council
January 5, 2016
Page 36 of 54
Lucas: Once, again, Madam Mayor, Members of the Council, Councilman Zaremba,
through the development process what will happen is if a half plus 12 is constructed, when
an adjacent property owner on the other side, the unimproved side, comes in and wants to
develop their property, ACHD then requires them to complete the necessary
improvements on their side of the roadway and that's very typical through the
development process. There is probably -- you mentioned three or four. There may be
ten, 20 or 30 -- there might be a hundred of these in the county -- you know, throughout
the county. So, it's not -- a half plus 12 requirement, which is stated in the memo, that the
extension of Silverstone Way as a public street to the north property line, this would
include right of way dedication less than what is shown on the submitted site plan for
future area and parcel construction, which is referenced in half plus 12 requirement.
District policies support the extension of stub streets to and through developing properties.
That's really what this all comes down to is the extension of what we would consider a
stub at Overland and Silverstone to and through this property connecting to the adjacent
property.
Zaremba: Thank you. I'm glad you come to our meetings.
Lucas: Well, I'm glad I can -- I can be here. Unfortunately, I don't work directly with the
applicants on these issues and they are probably thinking to themselves who is this guy,
but I represent ACHD as a liaison and I try to bring the facts the best I can and you have
that memo I hope in your packet from Christy Little, who is the planning review supervisor,
who outlines the basic requirements of what ACHD would expect in this situation.
De Weerd: Okay. Anything further for Justin?
Lucas: Thank you.
De Weerd: Thank you.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Question for Mr. Nary. On a roadway we don't have the power to make latecomers
fees on a road. We do on sewers and stuff like that that we put in, but we don't and, I
don't know, I should have asked Justin, but I don't know if they do or not. But it seems like
-- I don't want to hold the building of this up or anything like that, but I do want some more
clarification and I would like to see, if the rest of the Council -- I would move that we
continue MDA H-2015-0024 to next -- to January 12th, 2016, and -- for resolution and to
make -- see if the applicant, ACHD, which Justin said they would try, and our staff can
work this out and make it clear, so that we can get this project going to the satisfaction of
everybody, including our citizens.
De Weerd: So, I have a motion to continue.
Meridian City Council
January 5, 2016
Page 37 of 54
Milam: Second.
De Weerd: And a second. All those in favor say aye. Sorry, this is a motion. It doesn't
have discussion.
Cavener: That's why I said question for the maker of the motion. To the maker of the
motion, is there any direction as to what they are meeting on? Is it on any particular item
or all items in the staff report?
Bird: All the -- all the controversial items, particularly the roadway and --
Milam: Everything that staff says they don't agree with.
Bird: That they don't agree with. Let's get it looked at.
Cavener: Great.
Milam: Second agrees.
De Weerd: Okay. Those in favor of continuing this until next week please say aye. Any
opposed? Okay. I thought I heard all ayes, but I wasn't sure.
MOTION CARRIED: ALL AYES.
De Weerd: Okay. So, we will have our staffs get together and hopefully we can come
back and have a shorter discussion with some clarity on direction. And I will say whoever
put this on a short agenda -- I'm glad that I moved my parents out so my dad could eat.
C. Public Hearing for Settlers Square Subdivision (H-2015-0014) by
Seagle Three, LLC Located Near the Norwest Corner of W. Ustick
Road and N. Venable Ave
1. Request: Preliminary Plat Approval Consisting of Twelve (12)
Commercial Lots and Two (2) Common Lots on Approximately
9.001 Acres in the C-C Zoning District
De Weerd: Okay. Item 10-C is a public hearing for Settlers Square Subdivision, H-2015-
0014. I will open this public hearing with staff comments.
Beach: Good evening, Mayor, Members of the Council. This is, again, Settlers Square.
It's a preliminary plat. The site consists of 9.001 acres. It's currently zoned C-G and is
located on the northwest corner of Ustick and Venable Avenue. The subject site is
surrounded by residential subdivisions located on the north and south sides of the
proposed development, which are both zoned R-8. The commercial development is
located east of the subject site, with a gas slash convenience store and a mix of office
uses, which is zoned C-N. A little history. In 2008 the property was granted annexation
Meridian City Council
January 5, 2016
Page 38 of 54
approved by the City Council with the C-C zoning district for the Settlers Square
Subdivision. A development agreement was approved with the annexation. A preliminary
plat was also approved concurrently that consisted of 12 commercial lots and two
common lots on the same acreage. The preliminary plat then expired in 2010, but the
development agreement for the property does not expire and is still in effect. In the
development agreement that was signed in 2008, the applicant was granted direct access
to Ustick Road. Due to policy changes at the Ada County Highway District the applicant is
no longer allowed to have direct access to Ustick Road . However, city staff and ACHD
are supportive of a temporary access to Ustick Road until such time as the property to the
west develops with an access to Ustick that aligns with North Blairmore Way. The
Comprehensive Plan future land us map designation for the property is mixed use
community. So, the applicant requests preliminary plat approval consisting of 12
commercial lots on nine -- approximately nine acres of land in the C-C zoning district.
There are no minimum setbacks, lot size or street frontage requirements for lots in that
zone. The maximum building height allowed in the C-C zone is 50 feet. Future buildings
proposed on the subject lot shall meet the minimum dimensional standards listed in UDC
11-2B-3. In the development agreement that was signed in 2008 the applicant was
granted direct access to Ustick as I said. Due to policy changes at ACHD, the city code
changes, direct access to Ustick is no longer desired by both parties. In working with the
applicant, city staff, and ACHD are supportive of an interim or temporary access to Ustick
Road until such time as the property to the west is developed, as I said. To insure that
interim access is terminated in the future, staff recommends that the applicant submit a
revised concept plan with a concurrent development agreement modification application
prior to adoption of the findings by City Council that provides details on how the site will be
designed after the removal of the temporary access to Ustick Road. The preliminary plat
shows two shared driveways into the development. There is an existing north-south
public stub street to this property at the north property line, which is Buckstone Avenue.
This street is located approximately 330 feet west of Venable. The applicant is proposing
to provide access to the site through the extension of Buckstone, with an access
easement slash driveway. The proposed shared driveway will run from the existing stub
of Buckstone Avenue to the north to the temporary access to Ustick Road on the south
boundary of the site. The applicant shall work with ACHD in the design of the turn around
entering the subject property. The proposed east-west private driveway aligns with the
existing commercial development to the east and should stub to the western boundary of
this site for future connectivity via Cooper Avenue slash lane, which would be the road
that would be constructed that would, then, require the temporary access to Ustick to be
removed. The cross-access will be reciprocated when the property to the west develops .
So, on the revised preliminary plat there is a note that states that the proposed access to
Ustick is temporary. The draft staff report from ACHD also requires the applicant to enter
into a development agreement with ACHD for the temporary access to Ustick Road and to
provide for the financial surety for the closure of the driveway. To buffer the existing
proposed residential land uses to the north and west from future commercial uses on the
site, a minimum of 25 foot wide landscape buffer should be installed according to our
UDC. Submitted landscape plan indicates that 25 foot wide landscape buffer adjacent to
the residential subdivision to the north and a 20 foot buffe r along the western property
boundary. The applicant is to provide an additional five feet of landscaping, so 25 feet in
Meridian City Council
January 5, 2016
Page 39 of 54
total, to the west property and constructing those in accordance with UDC 3B-9 or seek a
waiver from the City Council. Staff did see a letter from the Settlers Irrigation and from the
-- the applicant in favor of the conditions. Staff is recommending approval and I will stand
for questions that the Mayor and Council may have.
De Weerd: Thank you, Josh. Any questions from Council?
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: Is there -- there is not yet the modified concept development plan?
Beach: I apologize. I did receive that from the applicant. I think he has that with him. If
not I can definitely provide that. They are showing just a removal and a stub.
Borton: Okay. That's what I was --
Beach: Yeah.
Borton: Okay.
Beach: Nothing too extravagant there, just eliminating that access.
Borton: Okay.
De Weerd: Okay. Anything else before the applicant stops pacing? I'm glad he's anxious
to get this over, too. Please come on up and state your name and address.
Warnick: Thank you very much. Yeah. For the record my name is Lance Warnick,
professional engineer with Aspen Engineers. My business address is 485 -- excuse me --
485 West Main, Suite B, in Kuna. 83634. I think Josh has done a good job introducing
the project. I'd just like to kind of hit on a few things and I do have a paper copy of that
current concept plan. So, as Josh said, we -- the developer started platting this project
back in about 2007. It was finally approved in terms of the annexation, preliminary plat, in
2008 and has since then expired. Early this last year the developer expressed a desire to
try to get that plat reinstated. So, we submitted essentially the same plat back through the
site and ACHD to try to get the plat approved, because it has to comply with the
development agreement requirements. It was at that time ACHD identified their desire to
remove that permanent public roadway connection that we had had, 330 feet west of
Venable and in some discussions that we have had with both the city and ACHD, ACHD
has actually requested that we remove the public roadways on the interior of the
subdivision and go with these service drives, in anticipation of that public roadway being
constructed over on the west. You know, ACHD is looking at interconnectivity, as you can
tell from the last presentation and that was finalized shortly before the Planning and
Zoning meeting. At that meeting they approved the request just with that stipulation that
Meridian City Council
January 5, 2016
Page 40 of 54
we come back and essentially modify now the development agreement and now since we
removed the public roads and the permanent approach, so our -- our goal or next step, if
the city approves it tonight, would be to, then, essentially, have a new neighborhood
meeting, say the city wants this -- ACHD wants us to remove this permit access and, then,
permit -- submit the new sketches for your consideration for a DA mod. Excuse me. But
that's -- that's it, short and to the point, and with that I would stand for any questions.
De Weerd: Thank you. Counsel, any questions?
Bird: I have none.
De Weerd: Okay. Thank you.
Warnick: Thank you.
De Weerd: This is a public hearing. Is there anyone who would like to provide testimony
on this item? Okay. Council?
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: I move that we close the public hearing on H-2015-0014.
Bird: Second.
De Weerd: I have a motion and a second to close the public hearing on Item 10-C. All
those in favor say aye. All ayes.
MOTION CARRIED: ALL AYES.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: Discussion before we go farther and this is a minor point. This is an application
for 12 commercial lots. The depiction that we are looking at has 11 buildings on it. Am I
missing one or am I counting wrong?
Bird: No.
Beach: That would be a question for the applicant.
De Weerd: But we just closed the public hearing.
Zaremba: I see 11 again on -- on this plan.
Meridian City Council
January 5, 2016
Page 41 of 54
Bird: Wait a minute. Go back. Go back. You got -- you got six on this side and five on
the other side. So, you got 11.
Zaremba: So, where is the 12th lot?
Milam: Should we reopen --
De Weerd: Can you -- did you have a second to reopen the public hearing, so we could
solve this puzzle?
Bird: I will second it.
De Weerd: Thank you. I have a motion and second to reopen the public hearing. All
those in favor say aye. All ayes.
MOTION CARRIED: ALL AYES.
Zaremba: I apologize, I should have asked this question earlier.
Milam: One lot just doesn't have a building on it?
Warnick: Again for the record, Lance Warnick. Aspen Engineers. Yeah. That concept
plan that dates back to 2007, 2008, depicted 11 buildings. The final plat -- excuse me --
preliminary plat's always depicted 12 lots. As the update d concept plan that's submitted,
we don't always have to build on that -- every lot, but we anticipate that the number of
buildings shown would likely correspond with the number of lots being shown. Do you
recognize that many areas in the city allow multiple buildings on a single parcel and they
have certain parcels that don't have any buildings on them. So, it's not an uncommon
thing to have differences in the number of lots than the ones depicted. Thank you.
Zaremba: I think I got that.
De Weerd: Okay. Any further questions?
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: Sorry to ask you now that he went and sat down. Yeah. I'm just curious. Why? If
you're changing everything when you have -- with 12 lots. So, you originally had 12 lots,
you still have 12 lots, you originally had 11 buildings and you still have 11 buildings, is
that --
Warnick: Actually, if you would see the new concept plan it actually depicts 13 buildings.
So, there is -- the number of lots was essentially developed to create -- kind of match a
Meridian City Council
January 5, 2016
Page 42 of 54
master plan that was being developed. Again, it's been longer than I can remember on
why they don't exactly match. I'm just -- my statement is that it's not uncommon for there
to be differences, the number of lots, the number of buildings that are shown.
Milam: Madam Mayor, follow up?
De Weerd: And at this point, because there is some flexibility in our code on the number
of buildings, the reason we are here today is to -- for the road and the access to Ustick.
Warnick: Yeah. If I may. The -- we are asking to get the plat reinstated to -- since it's
expired and that has the 12 lots. What you will see come before you in the future will be
updated concept plans and requested changes to that agreement, they are being
triggered by that removal of that public street access, you know, 330 feet west of that
Venable-Ustick intersection. And that's -- that's what you will see before you. Honestly, I
thought that they would happen simultaneously, but the -- this hearing was scheduled
prior to us having that -- that ready. So, we can bring that back towards -- after the fact,
rather than simultaneously, so --
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: Maybe simply for the record. I would say the other drawing is really just illustrative.
This is really all we are concerned about tonight is the division of the property and your
modification of the development agreement will do -- like Mr. Warnick said, will have your
building numbers and common lots and such. So, you really don't have to concern
yourself with this particular --
De Weerd: Where were you five minutes ago?
Nary: He asked.
Warnick: And if I may just clarify one other point. The original application had two
common lots, which we have eliminated. Those were landscape islands that were in that
public roadway and ACHD has done two things. Number one, since we are now
eliminating the public roadway we don't have the common lots, but, two, ACHD is trying to
eliminate those little landscaped islands as separate lots anyway. They are just having
them done as a license agreement, so that's why we don't have those two common lots.
De Weerd: Ah-ha. Thank you.
Warnick: Thank you.
De Weerd: Okay. Council, do I motion to close the public hearing?
Milam: Madam Mayor?
Meridian City Council
January 5, 2016
Page 43 of 54
De Weerd: Mrs. Milam.
Milam: I move that we close the public hearing on Item 10-C.
Bird: Second.
De Weerd: I have a motion and a second to close the public hearing. All those in favor
say aye. All ayes.
MOTION CARRIED: ALL AYES.
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam I move that we approve preliminary plat H-215-0014.
Bird: Second.
De Weerd: I have a motion and a second to approve Item 10-C. Any discussion?
Madam Clerk.
Roll Call: Bird; yea; Zaremba, yeah; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
D. Public Hearing for Falconers Place Subdivision (H-2015-0015) by
Summit Equity, LLC Located East Side of Eagle Road, South of
Victory Road
1. Request: Preliminary Plat Approval Consisting of Twenty-
Three (23) Single-Family Residential Lots and Six (6) Common
Lots on Approximately 4.69 Acres in the R-8 Zoning District
2. Request: Modification of the Recorded Development
Agreement (Inst. #105152708) for the Purpose of Altering the
Type and Number of Buildings to be Constructed on the
Subject Property
De Weerd: Item 10-D is a public hearing for Falconers Place Subdivision H-2015-0015. I
will open this public hearing with staff comments.
Meridian City Council
January 5, 2016
Page 44 of 54
Beach: Good evening, Mayor, Members of the Council. This is, as you said, Falconer's
Place Subdivision. It is an application for a preliminary plat and the modification to an
existing development agreement. The site consists of 4.69 acres of land, currently zoned
R-8 and is located on the east side of Eagle Road south of Victory R oad. Adjacent land
uses and zoning. To the north is single family residential property in the Golden Eagle
Estates Subdivision, which is part of Ada County and it's currently zoned RUT. To the
east is single family residential property in the Accommodat ions Subdivision, which is
currently zoned R-4. To the south is single family residential property, one that has not
been platted and is -- one is part of the Dartmoor Subdivision and is located in
unincorporated Ada County and zoned RUT and to the west is a single family residential
subdivision, the Sobe Subdivision, which was platted earlier this year and is zoned R-15.
In 2005 City Council approved an annexation, preliminary plat, and conditional use permit
to construct and operate an assisted living f acility comprised of five individual facilities on
the property. As part of the annexation the developer and the city entered into a
development agreement recorded under instrument number 105152708. In 2008 City
Council approved a new preliminary plat and conditional use permit for the same use on
the property. However, the developer at the time failed to submit a time extension
application or record the plat and establish the use on the site within the time limits of the
UDC. Currently the recorded DA restricts the use of the property to the assisted living
facility, which is why this is before you this evening. In 2013 City Council denied the new
preliminary plat and development agreement modification to construct 36 condominium
units in two buildings. Council denied the application, because the changes, quote, are
not improvements over the contemplated use of the subject property. City Council elected
not to deviate from the specific use as an assisted living facility has approved in the -- in
the conditions governing development of subject property as outlined in the existing
development agreement, dated September 27th, 2005. The Comprehensive Plan future
land use map designation for the property is low density residential. The proposed plat
consists of 23 building lots and six common lots on, as I said, 4.69 acres of land. The R -8
zoning district exists and with the step down in density that is allowed for -- within the
bounds of the Comprehensive Plan and requested by the applicant, this works f or the
proposed development. The gross density of the subdivision is 4.9 dwelling units per acre
and with the request to step up the density from low density residential to medium density
residential, that is consistent with the Comprehensive Plan. The minimum lot size
proposed is 4,004 square feet, with an average lot size of 5,717 square feet . As drawn
the 4,000 square foot lots would require attached homes. However, the city is in the
process of modifying the UDC to reduce the dimensional standards in the R-8 district to
allow detached single family homes on 4,000 square foot lots. The p lat can be approved
as submitted. However, the lot dimensions in effect at the time of final plat application
would be applied. There is an existing home, as you see here, there is a lot here. There
is an existing home on the site that will remain and become part of the proposed
Falconers Place Subdivision. The existing home shall be connected to city utilities at the
time of final plat approval. Access to the development will be provided from East Falcon
Drive, an existing local street, an existing single family residence and the proposed -- on
the proposed Lot 29, Block 1, will continue to take access from -- from that roadway, as
well as the future residences on the proposed Lot 4. There are several residences that
will be taking access directly from Falconers Place, as opposed to the new constructed
Meridian City Council
January 5, 2016
Page 45 of 54
road. Development of the site is required to comply with the dimensional standards listed
in the UDC and for the R-8 district. Staff reviewed the proposed plat and found it to be in
compliance with the R-8 dimensional standards. There are two common driveways
proposed. The applicant is proposing Lots 16 through 19 and Lots 21 through 23, as you
can see here. So, it's these lots. This is the common drive here and this is the common
drive here that would provide access to these homes. The applicant has modified their
plan to have this home take access, since our code only allows six homes to take access
from a common drive -- from a common driveway, so this home would need to be -- need
to take access from the cul-de-sac here. Per UDC common driveways will serve, like I
said, a maximum of six dwelling units. The applicants will be required to revise their plat
to show that. Sidewalks are required along all public streets as set forth in the UDC. The
applicant proposes to construct five foot -- five foot wide detached sidewalks along West
Falcon Drive, including the front of the existing home, as well as along the proposed
South Falconers Place, which is the new road to be constructed. Because the plat is
under five acres, the UDC does not require compliance with the common open space and
site amenity standards set forth in UDC 11 -3G. However, the applicant is proposing to
construct a micropath, Lot 20, Block 1, which, as you can kind of see here, would, then,
attach to the pathway that exists in the Accommodations Subdivision just to the east. The
only required landscaping for the development is the 25 foot landscape buffer adjacent to
South Eagle Road. The landscape plan as submitted provides the required 25 foot wide
landscape buffer in accordance with UDC. The City of Meridian requires the pressurized
-- pressurized irrigation systems be supplied by a year around source of water. The
applicant shall be required to utilize any existing surface or well water for the primary
source. If a surface or well source is not available, a single point connection to the
culinary system shall be required. An underground pressurized irrigation system is
required to be installed in accordance with the UDC. The applicant is asking for a waiver
from Council to connect to culinary water for the landscaping. I will let the applicant
discuss that a little bit further as the needs. The requirements for the pressurized
irrigation system may be waived if the property does not have water rights in the existing
irrigation district. The applicant must submit a letter from the irrigation district verifying the
water deficiency. They have not done so yet. The submitted elevations depict a mix of
building materials, lap siding and cedar shake siding, decorative window and door trim,
decorative corbels, color entries and stone wainscot consistent with the surrounding
developments. Staff is of the opinion that future single family homes will compliment the
existing homes in the area and demonstrate high quality materials. Because homes on
lots that back up to South Eagle Road, Lots 4 through 10 and 12, Block 1, as well as to
West Falcon Drive, Lot 28, Block 1, will be highly visible -- going back here to the site
plan. Staff recommends that the side of any structure that faces a public street on these
lots incorporate articulation through changes of material, color, modulation and
architectural elements, horizontal or vertical, to pick up monotonous wall plains and roof
lines. So, staff is requiring that those homes go through the CZC process for design
review approval. The applicants did submit a written testimony in favor of the
recommendations -- of the conditions, excuse me, and staff is recommending approval of
the application based on those conditions. I will stand for any questions.
De Weerd: Counsel, any questions?
Meridian City Council
January 5, 2016
Page 46 of 54
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: So, is the existing resident one of the 23?
Beach: Correct.
Milam: It is one of the --
Beach: Yes. It's included in the subdivision.
Milam: Included. That's a lot of land --
De Weerd: Okay. Mr. Zaremba.
Zaremba: Madam Mayor. Would you show the aerial view or a wider view of what's
around it? Okay. Thank you. Many years ago when the property on the west side of
Eagle was being developed, the original plan showed their access across from East
Falcon Drive. ACHD at that time said that was too close to Victory and then -- and asked
that developer to move their street, which is now Shaver, farther south, so that it was the
correct distance from Victory and they said at that time when the properties across the
street developed they would be required to align Falcon Drive with Shaver. They allowed
it to stand the way it was, because there were four or five houses on five acre lots and that
really wasn't that big of an impact having it too close to -- to Victory. The last time we had
a proposal on this property -- and I will be honest, I voted against it, because it did not
include realigning Falcon to align with Shaver, as I thought ACHD was going to require
and I don't see that that problem has been fixed. Is --
Beach: Correct. That was not a -- not a condition from ACHD on this specific project.
Zaremba: Maybe I will wait later and ask Justin Lucas. The applicant should speak first,
but I will ask Justin a question about that later then.
De Weerd: Okay. Any further questions from Council? Would the applicant like to make
comment before starting to eat their dinner up here. Which is candy.
Bailey: Madam Mayor, Commissioners, my name is Laren Bailey with LMB Consulting.
My business address is 947 Center Point Drive in Nampa, Idaho.
De Weerd: Thank you.
Bailey: Thank you for hearing our application tonight. I'd like to thank staff for their help
on this. Just a couple things I wanted to touch on. First off, through the last process --
and in the meantime we have met with the neighbors on many occasions -- especially Mr.
Aldridge, who is here tonight, and we think we have come up with a plan that everybody
Meridian City Council
January 5, 2016
Page 47 of 54
can agree upon as far as density and amenities and those type of things. One thing I
wanted to point out -- and I'm a little bit confused, so maybe staff can correct me if I'm
wrong, but I believe in the R-8 zone that we can do 4,000 square foot lots if they use a
common drive. And maybe that's something that's changed, but that was our
understanding at the preapplication meeting and upon our submittal of the application.
Beach: Don't believe it's specific to 4,000 square foot lots specifically requiring them to
use common driveways. But you're required to do attached product -- attached single
family homes with a 4,000 square foot lot under our current code. Now, there is some --
as I mentioned in my -- in my narrative there is current -- some current changes proposed
to allow detached homes on 4,000 square foot lots, but those have not -- have not been
approved by Council as of yet.
Bailey: Possibly could have just been a misunderstanding on our part at the pre -
application meeting, but I was under the impression we could do that with detached, so I
apologize. We are in agreement with most items in the staff report. As staff pointed out
with development happening on both the east and west sides of this project we feel it's --
it's a good time to move this forward. The sewer and water already exist. We have got a
sewer line that was actually installed with the Accommodation Subdivision through an
easement through our property. The developers worked together and so the sewer line
already runs from Eagle Road through our property to the east through Accommodation
Sub. And in that construction we are able to extend the sewer service to the existing
home, so that home now has a water stub and a sewer stub, they are not connected to
the house yet, but those are both in place and that was a condition of the original
development agreement that that home be included. I'm not sure if you're aware, but that
home was actually split off through an illegal split through a recorded deed and so it
wasn't part of an actual subdivision, so this is -- this project will clear that up and create a
lot there and clean all that up. Plus the city services. One other issue on the sidewalks.
We did propose detached sidewalks on Falcon Drive. The Accommodation Subdivision
actually built attached on their portion and so really -- I don't know that it matters to us one
way or the other, but we were -- we probably would propose to do attached sidewalk just
to match the -- existing in the Accommodation Sub to the east. On the point of irrigation --
and I'm going to ask Mr. Aldridge when he gets up if he will confirm for you, but currently
this property was -- this property was always the end of the line as far as the irrigation
lateral went. It was the very end. And today through the development that's gone on, the
ditch no longer flows to this property. We could get water from Mr. Aldridge's property, but
it's on a ten day rotation -- approximately ten to 12 days. And the problem is we really
can't install a pressurized system that's going to work in any sort of fashion on a -- on a
rotation of that -- of that time frame that's going to allow people to water their lawn and so
that's why we are asking if we can connect to the city services and we have talked to the
irrigation district. We don't have a letter out of them, but we have spoke to them about it.
We spoke to Mr. Freckleton at the city about the issue, so we are working through that,
but I'm confident that we can come to an agreement with staff on how to handle that when
we submit our construction drawings. With that I think the last item was just the Falcon
Drive roadway, where it's located, and I apologize, Commissioner Zaremba -- or
Councilman Zaremba, I didn't -- in the first application a couple years ago I guess I didn't
Meridian City Council
January 5, 2016
Page 48 of 54
realize that was such an issue. We had met with ACHD prior and the city on the location
of that and everybody felt like, as far as the staff went, that that location was -- was okay
and that Falcon Drive could stay where it was and so that's the way we have always
operated. And so, you know, it's a street today. It was extended and constructed at full
width at the other end and so we just assumed -- not assumed, but we had those
discussions with staff and everybody is on the same page about that staying where it was.
So, with that I will stand for any questions.
De Weerd: Thank you.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Mr. Bailey, the existing house, do they have a well?
Bailey: They do.
Bird: Is it capable of doing your pressurized water?
Bailey: Well, my understanding under state law is that for a residential well we can only
water up to a half an acre and so we would have far more irrigated property than that.
Bird: He's shaking his head that's right, so --
De Weerd: Okay. Other questions?
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: On the delivery of water, was -- was there water delivered to this property
before -- and where I'm going for is if -- if a recent subdivision cut you off from something
that you historically had, that's their fault and they need to fix that.
Bailey: I don't think it's a recent development. And, again, Mr. Aldridge has a lot more
history here. But I think this field sat fallow for many years, because of the issue that
water really didn't get to the end of the row, so to speak. It's at the end. It's kind of a high
point. It just doesn't -- it's really hard to get it there.
Zaremba: Okay.
De Weerd: Okay. If there is nothing further -- thank you.
Bailey: Thank you.
Meridian City Council
January 5, 2016
Page 49 of 54
Bird: Madam Mayor, I have got -- do I have a --
De Weerd: Oh.
Bird: Excuse me. What -- what size houses are you going to build on these 4,000 size
lots? Any idea?
Bailey: I believe -- they are 1,400 square foot.
Bird: Fourteen hundred on the 4,000? Okay. So, we are not going -- and by the time you
get driveway and stuff we are not talking about a lot of grassed area -- a lot of water area.
Bailey: True. These -- these lots are fairly deep, so most of them have a nice backyard.
But the front of the lot -- the home, you're right, there is not a lot of lawn area up front. But
most them -- the lots are somewhat deep and so we get some nice backyards. And I don't
know -- I don't know if you can show the landscape plan, if you have that, but it kind of
shows some of the building footprints. That might help.
De Weerd: Okay. Thank you.
Bailey: Thank you.
De Weerd: Mr. Aldridge. You signed up, but you didn't indicate for or against or neutral.
Aldridge: Madam Mayor, Members of the Council, Bob Aldridge. 3300 East Falcon.
West. There is a common theme that every pizza driver in the United States gets wrong
and so they come up my driveway when they are supposed to be over in Tuscany and
that was West Falcon. Totally unattached. To respond, as you know, I have stood before
this Council many times saying I wish it was 1983 and I was surrounded by nothing but
corn fields and dairy herds. Not going to happen. And so I guess I have always mixed
emotions about these things. Nonetheless, we have worked with the developer -- the first
plan, the tri-plexes, just wasn't acceptable and the Council I think properly turned that
down and we met with them and discussed this. Not my dream, but it's certainly
something vastly better than what we had before. In terms of the water situation, if you
can go back to the more extended view. I don't have a clue how to do that here.
Originally what we had was a water user situation with -- let's see. Right here. In that
area was the pump and -- oh. The -- I'm assuming I shouldn't touch this. So, the lateral
came around and came through -- down through the subdivision and back to the east
side. At that time there were approximately six of us on that system and we rotated
around. That was all gated irrigation, which now is gone. I'm the sole user on that. Have
been for decades. The prope rty on the corner, which is coming before you and has been
coming before you is going commercial and the property here was owned by the Nelsons.
They went through some family situations ending in divorce and that hasn't had irrigation
actually physically there for at least 15, 20 years, perhaps more than that. The problem is
that I am in the midst of installing a new pressurized irrigation pump and converting my
property to pressurized. I get -- last year, for example, I was told on flow I got water every
Meridian City Council
January 5, 2016
Page 50 of 54
alternate week for 48 hours straight. You had to get it in 24 hour increments, et cetera.
That's the problem with moving over from what was originally, essentially, farm type of
irrigation into these other situations. The Carmel Subdivision, which is the one that now
sits over what used to be a number of the other land users and they had water access,
has a large pond, and so they can deal with that by pumping in on the days that they get
water and building up that pond and pumping out of that with a s eparate pump. That's
something not available here. In addition to that, there is no longer any physical access
through. There used to be some underground pipe that went down, went under the
highway. That's been not used for approximately 20 years and last time I looked it was
destroyed, all lands, as they -- the ditches on my property and managed to mangle it
pretty good. So, you don't get water there. In addition to this coming out of my pump
that's coming at 220 gallons per minute at 60 psi plus, and coming every two weeks, so
it's just an unworkable situation on the water to attempt to get pressurized irrigation. So, I
hope that helps with that situation. And, yes, you cannot use domestic water. Went
through all of that on the Snake River Adjudication and purely domestic. You can't use it
for other purposes, so -- is this my dream? No. But is it vastly better and something that
will get this property moving and get some improvements in, yes. I was the one actually
that talked ACHD into moving that south, because they had approved with that
intersection being there and I saw huge problems, because it was so close and we met
and were able to work out moving that down to what now is that other driveway down at
the hump. It's still a major problem. Justin is here, but he's only the messenger. I won't
turn around and shake my finger at him, but we do have a major, major problem from that
intersection south on Eagle Road that I don't know when it's going to get solved -- how it's
going to get solved. But I don't know whether the realignment would or wouldn't help on
that situation. They are going to have to get that road some way -- trying to turn in right
now coming south on -- on Eagle Road -- I just don't do it. It's an accident waiting to
happen. I see my light is on, so I will cease.
De Weerd: Thank you. Any questions for Mr. Aldridge?
Bird: I have none.
De Weerd: Okay.
Aldridge: Thank you.
Zaremba: Madam Mayor? I'm not fast enough. Bob. I just -- on the subject that I raised
and you just made a comment of your opinion, but am I remembering correctly? You
have been very faithful about attending all the meetings about things around you. Am I
remembering correctly that ACHD at one time said that it would have to realign?
Aldridge: Yes. At the time we did that agreement to move it south, that was part of the
agreement that we would eventually move Falcon Drive south to align with that.
Zaremba: Okay. Thank you.
Meridian City Council
January 5, 2016
Page 51 of 54
De Weerd: Which, essentially, would make that weird, unless Mr. Aldridge's property
redevelops. So, I think that's been the thing that doesn't make it practical. Not wanting to
redevelop your property either, Bob. But anyway. This is a public hearing. Is there
anyone else who would like to provide testimony on this item? Council, any further
information needed from staff or the applicant?
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I would ask Justin Lucas to weigh in on this one and as I say, my recollection is
that ACHD was comfortable with leaving it the way it was when there were only four or
five residences taking access to it, but we are overloading that with the current opinion.
Lucas: Madam Mayor, Members of the Council, Councilman Zaremba, you know, it's a
good question and there is a lot of -- there has been various applications that have come
through in this area and specifically on this property and it's -- it's very likely. I can't speak
to it directly, but at one point there may have been a desire or a thought to realign Falcon
Drive. I guess all I can say is at this point, based on the technical analysis performed by
ACHD staff, we feel that it's not necessary to require the realignment of this roadway with
this application. It would create quite a burden on this specific piece of property to do that
and leave some remnant potential property that would be difficult to develop and provide
kind of a -- a good design. So, there is various issues with that. Typically roadways are
realigned through larger developments where all of the property owners surrounding that
roadway are participating in the development and I can think of various -- various times
where that has happened. I don't know if that answers to your satisfaction, but I can say
that ACHD staff has analyzed this and feels at least at this moment that this is a safe
solution for the area.
De Weerd: Thank you. Exactly what I would have said. Okay. Would the applicant like
to have any final remark?
Bailey: Mayor, Councilmen, again, Laren Bailey. The only comment I would make -- and
I'm not -- I understand where Councilman Zaremba is coming from. The only comment I
would make is that the assisted living application that was approved, they didn't require
them to move the roadway and we have kind of tried to follow what they had done as far
as landscaping along Eagle and some of those things and, I don't know, that's why we
went the direction we have gone and we would like to continue that way, but -- if there is
any other questions I just stand for those.
De Weerd: Thank you. Council, any other questions?
Bailey: Thank you.
De Weerd: Thank you. Okay. If there is nothing further, Council, I would entertain a
motion to close the public hearing.
Meridian City Council
January 5, 2016
Page 52 of 54
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we close the public hearings on H-2015-0015, preliminary plat and a
modification of recorded development agreement.
Milam: Second.
De Weerd: I have a motion and a second to close the public hearing on this item. All
those in favor say aye. All ayes.
MOTION CARRIED: ALL AYES.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I move we approve H-2015-0015, a preliminary plat and a modification to the
recorded development agreement for Summit with all staff and applicant comments.
Bird: Second.
De Weerd: I have a motion and a second to approve Item 10-D-1 and 2. Any discussion
from Council? Madam Clerk.
Roll Call: Bird; yea; Zaremba, yeah; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 11: Future Meeting
De Weerd: Council, any topics for future meeting agendas?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I don't have a topic, but I do have a couple of words I'd like you to permit me to say.
David, we are going to miss you. I'm going to miss you big time. Thank you for all the
service you have done and you have certainly been a great councilman and done a great
job for us and I think I'm speaking for everybody that served with you. You have done a
very good job. Ty and Genesis, I'm glad you guys were elected. You will do a great job.
Meridian City Council
January 5, 2016
Page 53 of 54
You're young. I'm very happy that this one got reelected. But, anyway, thank you. Thank
you for your service and thank you, David, very much for what you have done.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: Thank you for those comments. I would add a future meeting topic and that's
the election of Council officers.
Bird: Next week.
Zaremba: I assume you're doing that next week, but I didn't see it on.
Bird: We wanted to let Ann be here.
Zaremba: Uh?
Bird: I thought it would be fair to have Ann here.
Zaremba: Sure. Makes sense. Future -- future subject.
De Weerd: Well, Mr. Zaremba, I would echo Mr. Bird's comments. You're an incredible
asset to the city, to the City Council. You proved that again this evening with your -- the
knowledge that you have on past actions and developments and that will be missed. It's
hard to replace. So --
Zaremba: I appreciate that.
De Weerd: -- we will give you a couple months rest and, then, I will be knocking on your
door.
Zaremba: I will look forward to that.
De Weerd: Good deal. And welcome to Ty. You were awfully quiet this evening.
Palmer: Just wait.
De Weerd: We welcome you on board and look forward to your contribution.
Palmer: I -- while I was sitting here being quiet -- I don't know who it was that said it. For
some reason I'm thinking Lincoln, but it kept coming to mind: It's better to remain silent
and thought a fool, than to speak and remove all doubt.
Milam: That's mine. I do that. Keith and I do that.
Meridian City Council
January 5, 2016
Page 54 of 54
Bird: True. I have got 18 years of --
De Weerd: Well, welcome. It's nice having you. So, Council, with that I would --
Zaremba: Madam Mayor?
De Weerd: Yes, Mr. Zaremba.
Zaremba: Well, I would just like to add that I'm pleased that you and Genesis got
reelected. I'm happy to have Ty here and I have heard him talk about a few things and I
think he will be a good addition. I'm very pleased that Ann Little Roberts will be my
replacement and I understand a prior commitment why she couldn't be here this week, but
I think she will be a good, enthusiastic addition. But I would like to say to Madam Mayor
and to all of my Council compatriots and to all of the department heads that I have had the
opportunity to work with and many of the employees. I have got to know almost all of
them at one -- one time or another. And Dean Willis who -- who really is a part of the
family. This has been a phenomenal group to work with and I have been very honored
and benefited and blessed by working with all the people that I have worked with. The city
has employees that are wonderful people. Intelligent, caring, giving people and if I had
the opportunity to speak to each of the employees I would say that whatever height I have
attained you all have been the wind under my wings and it's been through your efforts that
I have been able to act like I was intelligent about things, because I have been prepared
by all of you and I just think the city is in good shape with a phenomenal staff and I just
want to thank everybody for their kindness and their guidance and their support of all
these years. It's been a great experience. So, with that, Madam Mayor, I move we
adjourn this meeting.
Bird: Second.
De Weerd: I have a motion and a second. All those in favor say aye. All ayes.
MOTION CARRIED: ALL AYES.
MEETING ADJOURNED AT 9:08 P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS)
_______________________________ ______/______/______
MAYOR TAMMY De WEERD DATE APPROVED
ATTEST:
_____________________________________
JAYCEE HOLMAN, CITY CLERK
Meridian City Council
January 5, 2016
Page 54 of 54
Bird: True. I have got 18 years of --
De Weerd: Well, welcome. It's nice having you. So, Council, with that I would --
Zaremba: Madam Mayor?
De Weerd: Yes, Mr. Zaremba.
Zaremba: Well, I would just like to add that I'm pleased that you and Genesis got
reelected. I'm happy to have Ty here and I have heard him talk about a few things and I
think he will be a good addition. I'm very pleased that Ann Little Roberts will be my
replacement and I understand a prior commitment why she couldn't be here this week, but
think she will be a good, enthusiastic addition. But I would like to say to Madam Mayor
and to all of my Council compatriots and to all of the department heads that I have had the
opportunity to work with and many of the employees. I have got to know almost all of
them at one -- one time or another. And Dean Willis who -- who really is a part of the
family. This has been a phenomenal group to work with and I have been very honored
and benefited and blessed by working with all the people that I have worked with. The city
has employees that are wonderful people. Intelligent, caring, giving people and if I had
the opportunity to speak to each of the employees I would say that whatever height I have
attained you all have been the wind under my wings and it's been through your efforts that
I have been able to act like I was intelligent about things, because I have been prepared
by all of you and I just think the city is in good shape with a phenomenal staff and I just
want to thank everybody for their kindness and their guidance and their support of all
these years. It's been a great experience. So, with that, Madam Mayor, I move we
adjourn this meeting.
Bird: Second.
De Weerd: I have a motion and a second. All those in favor say aye. All ayes.
MOTION CARRIED: ALL AYES.
MEETING ADJOURNED AT 9:08 P.M.
(AUDIO
MAYOR/
ATTE;
JAYCEE
N FILE OF THESE PROCEEDINGS)
MY De
, CITY CLERK
a- / D-- /
.DATE APPROVED