HomeMy WebLinkAbout2016-02-02Meridian City Council February 2, 2016
A meeting of the Meridian City Council was called to order at 6:03 p.m., Tuesday,
February 2, 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, Mike De St.
Germain, Perry Palmer, Sonya Watters, Josh Beach, Bruce Fre ckleton, 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: We apologize for starting a few minutes late, but thank you for joining us.
Always enjoy seeing our Boy Scouts out in our audience. Thank you, young men, for
joining us. Good luck with your merit badges. Okay. For the record it is Tuesday,
February 2nd. It's 6:09. We will start with roll call attendance, Madam Clerk.
Item 2: Pledge of Allegiance
De Weerd: Item No. 2 is our Pledge of Allegiance. If you will all rise and join us in our
pledge to our flag.
(Pledge of Allegiance recited.)
Item 3: Community Invocation by Tim Pusey with Valley Shepherd Church of
the Nazarene
De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Pastor Tim
Pusey with the Valley Shepherd Nazarene Church. Thank you for joining us. I'd like to
invite you all to join us in the community invocation or take this as an opportunity for a
moment of reflection.
Pusey: Thank you. Let's pray. Father God, we bow our heads before you at the
beginning of this meeting seeking your wisdom and your grace this evening as our City
Council considers business of our city. Thank you, Lord, for those who are willing to serve
in leadership like this and pray that you would -- as they devote their time and energies to
these issues tonight that you would lead them and guide them. Father, we thank you for
this wonderful community in which we are privileged to live. We consider our blessings
and we thank you and, Lord, as we consider our blessings help us to be mindful of the
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February 2, 2016
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needs of people around us who are less fortunate and perhaps living in poverty and with
great needs in their lives. Lord, we ask that you give to our City Council wisdom and
insight this evening about decisions affecting this community. Give energies to those who
have already had a long day and when the meeting is concluded may there be a sense
that something good has taken place here this evening. We ask these things in our
Savior's name, 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: On the Consent Agenda, 5-B, the resolution number is 16-1117. 5-E is 16-1118.
Item No. 5-M has been asked to vacate this item on the agenda. Is there a reason?
Staff?
Nary: Which one?
Bird: 5-M.
Nary: Madam Mayor, Members of the Council --
Bird: Got the wrong thing.
Nary: No. 5-M we actually are going to remove it, because there is still some details that
need to be worked out on the reimbursement.
Bird: Okay. We are removing 5-M as staff requested. Items moved from the Consent
Agenda. We had one item, A -- 6-A. And Item No. 8-C has been requested to be moved
to March 1st, 2016. And item 8-E has been moved to -- has been requested to be moved
to February 8th, 2016. And under 10-A the ordinance number is 16-1671. And with that,
Madam Mayor, I move we approve the amended agenda.
Borton: Second.
De Weerd: I have a motion and a second to adopt the agenda as amended. All those in
favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
De Weerd: Is there anyone here in the audience today that is here for the public hearing
on Westborough Square? Okay. It has been requested -- Council doesn't necessarily
have to continue it. Just want you to know that it possibly can be. I will be opening the
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February 2, 2016
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public hearing, so if you want to provide testimony prior to the applicant and their remarks,
we will certainly invite you at that time, but if it's convenient I would suggest to join us
again on March 1st and with my apologies, so --
Item 5: Consent Agenda
A. Approve Minutes of January 5, 2016 City Council Meeting
B. Approve Minutes of January 12, 2016 City Council Workshop
Meeting
C. Approve Minutes of January 19, 2016 City Council Meeting
D. Resolution No. 16-1117: A Resolution Approving the Bylaws of
the Meridian Solid Waste Advisory Commission as Amended on
January 27, 2016
E. Resolution No. 16-1118: Approving City Council President’s
Appointments Of City Council Members To Serve As Department
Liaisons, Committee Members, Commission Ex-Officio Members,
And City Area Contacts
F. Revised Findings of Fact, Conclusions of Law: AZ 15 -012 Village
Apartments by DevCo Located 2700 N. Eagle Road Request:
Annexation and Zoning of 0.38 of an Acre of Land with a C-G
Zoning District
G. Revised Findings of Fact, Conclusions of Law: CUP 15-019
Village Apartments by DevCo Located 2600 N. Eagle Road
Request: Conditional Use Permit Approval for a Multi-Family
Development Consisting of 336 Dwelling Units on 16.68 acres of
Land in a C-G Zoning District
H. Revised Findings of Fact, Conclusions of Law: Village
Apartments MDA 15-011 by DevCo Located 2600 N. Eagle Road
Request: Modification to the Development Agreement to Include
a Conceptual Development Plan for the Property and to Remove
the Requirement for Detailed Conditional Use Permit Approval of
Future Uses
I. Findings of Fact, Conclusions of Law for Impresa Park
Subdivision (H-2015-0042) by Rodhouse Capital, LLC Located
South Side of W. Franklin Road, Approximately 1/4 Mile West of
S. Meridian Road Request: Short Plat Approval Consisting of
Four (4) Building Lots on 1.22 Acres of Land in a L-O Zoning
District
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February 2, 2016
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J. Findings of Fact, Conclusions of Law for Primary Health Clinic
(H-2015-0045) by Matthew Witt, Rocky Mountain Companies
Located 1648 & 1624 N.W. 1st Street Request: Modification to the
Development Agreement to Update the Conceptual Development
Plan for the Western Portion of the Site
K. Approval of Change Order No 2 to Task Order 10492.a to
KELLER ASSOCIATES for the “ WELL 27 WATER TREATMENT
FACILITY- CONSTRUCTION SERVICES” project for a Not-To-
Exceed amount of $57,100.00
L. First Amendment to Recipient Agreement Between City of
Meridian Boys & Girls Clubs of Ada County for Contribution of
Funds
N. Acceptance Agreements for Display of Artwork in Initial Point
Gallery, Meridian City Hall:
Idaho PTA Reflections, February 5 to March 4, 2016
Nampa Art Guild, March 4 to April 1, 2016
Joyce Ackerman, April 1 to April 29, 2016
Jessica Tookey, April 1 to April 29, 2016
Treasure Valley Artists Alliance, April 29 to June 3, 2016
Karen Lowery, June 3 to July 1, 2016
Kris Mannion, July 1 to July 29, 2016
Claire Remsberg, July 1 to July 29, 2016
Ian Smith, July 1 to July 29, 2016
Barbara & Dwight Williams, July 29 to September 2, 2016
Karl Henke, September 2 to September 30, 2016
Liz Flores, September 2 to September 30, 2016
Maria Garth, September 2 to September 30, 2016
William Gardoski, October 28 to December 2, 2016
De Weerd: Okay. Item 5 is our Consent Agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: As stated prior, D and E, the proposed resolution numbers were 16-1117 and 16-
1118. And 5-M was vacated because of lack of details. And with that I move we approve
the agenda -- our Consent Agenda with the Mayor to sign and the Clerk to attest.
Borton: Second.
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February 2, 2016
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De Weerd: I have a motion and a second to approve the Consent Agenda as read.
Madam Clerk, will you call roll.
Roll Call: Bird, yea; Borton, yea; Milam, ye a; Cavener, yea; Palmer, yea; Little Roberts,
yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 6: Items Moved From the Consent Agenda
A. Memorandum of Agreement for Contribution to Meridian
Development Corporation for Polling Services Regarding a Multi-
Purpose Event Center in an amount not to exceed $8,100.00
De Weerd: Item 6-A was an Item moved from the Consent Agenda. I will turn this over to
whom?
Nary: Madam Mayor? Oh.
De Weerd: Mr. Nary.
Nary: Bruce wants to talk about it.
De Weerd: Or, Bruce, do you want to give an overview on this or at least stand ready for
any questions.
Chatterton: Madam Mayor, Council Members, the item you have before you is a
memorandum of agreement between the city and the Meridian Development Corporation.
The purpose being to establish the relationship on a joint project that's to have a company
perform some polling services, the idea being that as we move forward or not with a
number of important economy development projects, the idea being from our steering
committee, which is, of course, made up of the MDC, the Chamber of Commerce and
members of the city, the idea being that there is a desire to know what the electorate
wants -- what the citizens of Meridian want in the way of -- is the project acceptable,
should we be doing something else, really to test sort of a -- to test -- you know, find a
proof of concept about whether or not these catalyst projects are important to -- to the
community. So, really, all that's on before you now is that memorandum of agreement
between MDC and the city as part of that joint cost sharing for this project.
De Weerd: Thank you, Bruce. And I know this was on the agenda before the turnover of
the old City Council and now the new City Council and one of our new city councilmen I
think had a question, so Mr. Palmer.
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February 2, 2016
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Palmer: Thank you, Madam Mayor. Bruce, how many -- I remember it was discussed,
but can you tell me how many responses we are looking to get with the 8,100 dollar
investment?
Chatterton: Madam Mayor and Council Member Palmer, I believe it was in the
neighborhood of 500. And, in fact, I think a little money was added to get it up to that 500,
which would have made it considerably more accurate than the original scope of services
would have made it.
Palmer: Thank you.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Bruce, it's not only MDC and the City of Meridian, we got the Chamber involved and
the steering committee or what --
De Weerd: Downtown Business Association.
Bird: Downtown Business Association. Thank you, Mayor. It's not just us two.
Chatterton: Madam Mayor, Council Member Bird, that's correct. It's a pretty broad based
community effort.
Bird: Yes.
Little Roberts: Madam Mayor?
De Weerd: Mrs. Little Roberts.
Little Roberts: I should probably add that I do sit on the steering committee, as well as
Chamber staff, but I'm not a voting member of that committee.
De Weerd: Thank you. Okay. Any further questions from Council? Thank you, Bruce.
Chatterton: Thank you.
De Weerd: Okay. Council, I would look to your direction on Item 6-A.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
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Bird: I move we approve the memorandum of agreement for contribution to Meridian
Development Corporation for polling services regarding the multi-purpose event center in
the amount not to exceed 8,100 dollars.
Cavener: Second.
De Weerd: I have a motion and a second to approve Item 6 -A. Any discussion by
Council?
Palmer: Madam Mayor?
De Weerd: Mr. Palmer.
Palmer: So, I posed a nonscientific question on my Facebook just to see how many
responses I would get and it got 35 responses. The city's Facebook page is 3,200
participants on it. I roughly estimate that I have three or four hundred of my Facebook
friends live in Meridian. I would guess a much higher percentage of the city's Facebook
page participants live in Meridian and so I -- before I would want to approve spending
8,100 dollars to ask the public a question, I would like to see us pose the exact same
question on our Facebook page and see if we get a few hundred responses that we are
looking for before we spend taxpayer dollars asking them if they want us to really spend
their money and so I will be voting no on this, because I would like to see that happen first
before we invest this money.
De Weerd: Okay. Thank you.
Milam: Madam Mayor?
De Weerd: I appreciate that and certainly we have had the conversation on other items in
terms of polling and the validity of these polls that is being considered here tonight, it is
scientific, they -- they do have a certain science to asking the questions. It is random, so
it's not -- it's -- it is more scientific in terms of trying to gauge the thoughts of our
community and we did do that also in our parks department as we looked at the parks
master plan. We got some very good input from the random survey that went out as part
of that master planning process and we also did an online poll that did show a younger --
a little bit younger demographic. I'm trying to pull this out of memory, so -- and every year
I find that that memory is not always reliable, but it -- it mirrored some of the results, but it
also showed that there was a different demographic that wasn't as widespread of a
representation that the scientific poll gave us. So, that's just a -- for FYI type of piece of
response. Mrs. Milam.
Milam: Madam Mayor, I just wanted to kind of respond to your comments, Ty, because I
asked the same questions originally. I said, well, we can -- for free we could ask the
questions ourselves and the answer that I was given really was that it's not asking a
question, there are -- it's very extensive, which is why they only end up with 500
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February 2, 2016
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responses, because you're making a lot of phone calls, but it's very -- very intense series
of questions that wouldn't really be able to be asked necessarily on Facebook, so --
De Weerd: And not leading and I think that not everyone is on Facebook.
Milam: Right.
Bird: Amen.
De Weerd: Oh, you are, too, Mr. Bird.
Palmer: Madam Mayor?
De Weerd: Mr. Palmer.
Palmer: And I don't doubt the -- the -- I guess efficiency of having a scientific survey
done, you know, it's something that we -- we ask the private sector to weigh in on and
there wasn't any response and so, you know, now we are going to go to the public and
ask them if they want us to spend money on something that we essentially plan on it
never being profitable, given that the private sector wasn't interested in participating in it.
Obviously, you know, we are not going to ask the private sector to build a giant park,
because there is no business in that, whereas this has a potential to be a business and
there is an understanding that it's not going to make money and so I think this money
could be better spent on the project itself , if we are to build it, and that we would have
anyone interested and weighing in on it at a public hearing about whether to -- to spend
money on doing it than -- I mean they look at us to -- to make those decisions and, you
know, I feel if we always spend to go ask everybody on every little thing, we are getting a
lot of people asking us, hey, I have got a project, can you spend some money to ask --
ask the people if they want to do my project. So, I just would as soon save the money and
let the people tell us if it's something they are interested and come to us, we don't have to
go to them -- spending money to go to them, I guess.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Councilman Palmer, I don't disagree with you. I hate polling, too, and I hate
spending any money that we -- that we don't need to spend. But this -- this isn't -- and I
would be the first one to not vote for anything that -- putting -- developing this with public
money, but I think we have went to the point that we need to get out to the citizens and
see if they are receptive to something like this, something like Nampa has got their civic
center -- and I kind of picture us doing something the way they developed theirs and most
of that was private money that come in to do it, groups that -- so, I think -- I think that we
are spending some money wisely this time to find out whether we go -- whether we look
ahead or whether we wipe it off and you can -- you can put out polls and stuff and as the
Mayor said, I think the online polling on the parks, there was only one or two items that
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February 2, 2016
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weren't identical what we got from the telephone calls. Anyway, that's my view on it. I
would be voting yes.
De Weerd: Okay. Any further discussion? Madam Clerk, will you, please, call roll.
Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, nay; Little Roberts,
yea.
De Weerd: Motion carries with the majority in favor.
MOTION CARRIED: FIVE AYES. ONE NAY.
Item 7: Department Reports
A. Mayor's Office: Mayor's Youth Advisory Council (MYAC) Update
De Weerd: Item 7-A is under the Mayor's Youth Advisory Council. We have our monthly
update and we have Suzanna here. Thank you for joining us.
Bradford: Madam Mayor, Members of the Council, my name is Suzanna Bradford and I
am the Rocky Mountain representative for the Mayor's Youth Advisory Council and I will
be giving our update for the month of January. Our first general meeting on January 11th
we had Ron Kern come to give a motivational speech to the members about how he
created his own destiny and his own wealth to inspire kids. Our legislative breakfast was
led by the government affairs subcommittee and we hosted six legislators and council
members and we shared the message of primary seatbelt enforcement for Idaho's minors
and we introduced Do The Right movement. Senator Chuck Winder said he would
support this bill and to talk about this the government affairs chair Cheyenne Colter is here
to discuss.
Colter: Hello, Council Members.
De Weerd: Good evening.
Colter: My name is Cheyenne Colter and I am the government affairs chair for the
Mayor's Youth Advisory Council and, wow, we have had a busy year. First of all, what we
did is a legislative breakfast, like Suzanna just said. What we wanted to do here was
invite legislators from Idaho to come and hear about our bill or our legislation that we are
proposing and what -- this is a primary seatbelt pilot program that we would like to
implement into Idaho and, first of all, why we would like to do it is to save lives and instill
healthy habits in not just Meridian teens, but in teens all over Idaho. That way when they
get older the generations are safer, we are saving money for our community and we are
saving lives. So, you guys all have a white paper with you that gives more details about
this proposed legislation. The main picture of it, though, is that it will be a pilot program,
meaning that it will only be in Idaho if it passes for three years and in that time it is where
people who are under the under age 18, so 17 and under, will be -- will have to abide by
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February 2, 2016
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this primary seatbelt law, which means if a police officer sees a person driving without
their seatbelt they can pull them over and if they are 17 and under they will get, first of all,
a warning the first year and, then, the second two years they will get citations and this is
just to help instill habits that save lives, saves money, and makes a safer community. So,
today what we are -- what the government affairs is asking is that the Council Members
and Madam Mayor passes a resolution to support this proposed legislation.
De Weerd: Thank you, Cheyenne. And to note that the Association of Idaho Cities board
is in support of this and will be standing up in support of this -- this piece of legislation.
Senator Winder will be carrying it and they also presented in front of the legislative
committee at the AIC and received a number -- almost overwhelming number of cities
stepped up and are taking this form of action as well. Thank you, Cheyenne.
Bradford: Next we had a general meeting on January 25th and our group split into two
separate groups where the first was trained by the American Heart Association for hands
only CPR and the second prepared for Youth Lobby Day, which is this coming Thursday.
Then last Friday we had a Teen Activities Committee activity and we went roller skating at
the Nampa Roller Drome. There were 25 m embers in attendance and they could also
bring a non-MYAC guest with them and this was a good opportunity for the kids to have a
safe place to hang out with Ken and Officer Gomez and spend time with each other.
Yesterday we had a Dutch Bros CPR day, where we teamed with the American Heart
Association to spread the word about hands only CPR at the local Dutch Bros station. We
trained 1,028 people on hands only CPR, which is a new record from last year. This is a
really fun activity. I got to go yesterday and I got to miss school and hang out with my
friends all day and it was super fun to talk to people and let them know what we were
teaching. And I will now stand for questions.
De Weerd: Thank you. Counsel, any questions?
Bird: I have none.
De Weerd: Okay. Mr. Cavener.
Cavener: Madam Mayor. Suzanna, thanks for the update. I appreciate that. I love
hearing from you guys each month. Can you maybe give us a snapshot as to what your
plans are for the rest of the year? I know that we are in the second semester, but I would
just like to get an update, maybe a snapshot as to where you guys are headed this year.
Bradford: Madam Mayor and Council Member Cavener, we have coming up -- this month
we have Ignite Youth and so we can have that activity that we have done multiple years in
the past and we have the executive council is preparing to go to National League of Cities
in Washington DC in about a month and, then, we have our annual Ball at the Hall in May
that we will be getting ready for and start making preparations.
Cavener: Madam Mayor, follow up? Suzanna, do you kno w how many students are
going to National Youth Cities this year?
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February 2, 2016
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Bradford: Madam Mayor and Member -- Council Member Cavener, I believe there is 13 --
or 11 students and two chaperones I believe.
Cavener: Great. And one more question if I may, Madam Mayor.
De Weerd: As long as it's how are you fundraising for it.
Cavener: It's like you're reading my mind.
De Weerd: Oh.
Bradford: Madam Mayor and Council Member Cavener, we are -- the executive council
members are going to local businesses to ask for 500 dollar fund -- like promotions, kind
of, to -- that will go to help pay for us to get there and they will get -- in return we will
mention their name on a social media and they will get tickets to Ball at the Hall and they
will be recognized there and -- while we are at NLC.
Cavener: Great.
De Weerd: They will have their logos on their T -shirts at NLC. They have ten mentions
by the students they are sponsoring in their social media. They will also be part of an
overall video that we are going to have fun with where the students and myself will be
frequenting the business, whoever is the sponsor, and we are going to pull together a
video story, so we can highlight all of our sponsors and their support of our youth in our
community. It's for a fun way.
Cavener: That's great. Great. One more question if I may, Madam Mayor?
De Weerd: Uh-huh.
Cavener: What -- do you know the date yet for Ball at the Hall?
Bradford: I just heard it the other day. May 14th is it? Yeah.
Cavener: Nice job. I saw the nod from Ken. So, you knocked it out of the park.
Bradford: Thank you.
Cavener: Great.
De Weerd: Okay. Any other questions?
Cavener: Thank you, Cheyenne, too. I appreciate the update.
Palmer: Madam Mayor?
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De Weerd: Yes, Mr. Palmer.
Palmer: I have a question about your legislation. Have you -- do you have draft
legislation ready for it? And you may have said that.
Colter: We actually do have a draft that just got -- that just got given to Chuck Winder and
so it -- actually, our -- the Meridian legal team is working on it right now. So, by the end of
the week Chuck Winder will have that and his team will, then, take it from there.
Palmer: So, they anticipate having a print hearing at least on it here this year?
De Weerd: It will be RS'd and, yes, that is the -- the goal.
Palmer: Cool. That's all. Thank you.
Bradford: Thank you.
De Weerd: So, anything further for Suzanna or Cheyenne?
Cavener: Great update.
Bradford: Thank you so much.
De Weerd: We appreciate you being here.
B. Meridian Arts Commission: Art Gift Donation - "Bounty" by
Richard Herdegen
De Weerd: Okay. Item 7-B is under our Arts Commission. I believe I saw Hillary. Oh,
yes. She's bringing a prop. Now that we have seen it now you can turn it and show our
citizens, which is probably even more important.
Bodnar: I would have carried it, but it's 60 pounds, so we don't want to test my strength
with something that's offered to be given to us. So, I'm in front of you today to stand for
any questions regarding this art gift donation by Richard, who created this beautiful
mosaic. He essentially contacted I believe it was the Mayor's Office first. He talked to
Peggy up there and asked if we would be interested in accepting a gift of art and we
asked if he would want it to be loaned to us or if he would actually want to gift it to us and
for us to hold in perpetuity and he was really content for us to just have it and has been
really -- really great to work with. He's a super nice man. He had donated another -- I
think it's about 20 feet long, a larger piece to St. Luke's, the children's hospital, a few
years back and that's more of a piece that's meant for the kids to be able to touch and
interact with and while you can still touch this one, it's probably not best to let people be
playing with it all the time. He said it's a little more delicate. Yeah. It weighs about 60
pounds and it looks really, really good in the sunlight. I wish we met when it was still
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February 2, 2016
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bright out, but he put it -- everything on -- essentially it's like a mirrored background, so it
catches light really well and it's really fun to look at and it's something else that we -- it's
not like anything else that we have in the city at the moment, so we thought it was a good
opportunity and we would like to be able to see it up somewhere in City Hall.
De Weerd: Thank you, Hillary. And I know we are trying to find the right location for it
right now. Did he have any story behind it?
Bodnar: No. Not that he shared with me, no. But I would actually really like to be able to
invite him back once we have it hung. He had brain surgery last Friday and has another
follow-up surgery this week. He has Parkinson's Disease. So, maybe another two weeks
from now if we could get it hung and have him come and at least watch it be hung and,
then, you can recognize him in some way, I think that would be really special.
De Weerd: That would be special and we would look forward to meeting him and
thanking him for this lovely gift to the city and our citizens.
Bodnar: Right. I will reach out to him.
De Weerd: Council, any questions?
Milam: Do we need a motion or --
De Weerd: No. I think there is -- there is no agreement or anything, because --
Bird: Madam Mayor, there is --
De Weerd: Oh, is there? Okay. Okay. You can't talk like that back and forth.
Milam: Madam Mayor?
De Weerd: I just wanted to --
Milam: I move that we approve the art gift agreement and accept the gift donation Bounty
by Richard Herdegen.
Bird: Second.
De Weerd: I have a motion and a second to approve this art donation and have the
Mayor to sign and Clerk attest. Okay. Any discussion from Council. Madam Clerk.
Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts,
yea.
De Weerd: All ayes.
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February 2, 2016
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MOTION CARRIED: ALL AYES.
De Weerd: Thank you, Hillary.
Milam: I can't wait to see it up.
Item 8: Action Items
A. Public Hearing for Birkdale Estates Subdivision (H-2015-0021) by
EGC Development, LLC Located Northeast Corner of N. Meridian
Road and E. Chinden Boulevard
1. Request: Annexation and Zoning of 10.06 Acres of Land
with an R-2 Zoning District
2. Request: Preliminary Plat Approval Consisting of Nineteen
(19) Building Lots and Four (4) Common Lots on 10.06 Acres
of Land in a Proposed R-2 Zoning District
De Weerd: Okay. We are at our Action Items, so we will move into Item 8-A, which is a
public hearing for H-2015-0021. I will open these -- this public hearing with staff
comments.
Beach: Madam Mayor, Council Members. This application before you is Birkdale Estates
Subdivision. They are applying for annexation and zoning, as well as a preliminary plat.
The site consists of 10.06 acres -- get here to the plat. Zoned L-O. Located near the
southeast corner of North Meridian and East Chinden Boulevard. History of the previous
action. The subject property was platted as part of the Blythe Estates Subdivision in Ada
County. Let me back up. Currently this is zoned RUT, just to clarify. It's not L-O. There
is a typographical error there. It's in the county currently. The Comprehensive Plan future
land use map designation for the property is medium density residentia l. The applicant
has submitted an application for annexation and zoning of 10.06 acres of land with a
proposed R-2 zoning designation. A preliminary plat is also proposed consisting of 15
single family residential building lots and five common lots on the same acreage for the
Birkdale Estates Subdivision. Legal description submitted with the application shows the
boundaries of the property proposed to be annexed and zoned. The property is
contiguous to land that has been annexed into the city and is in the area of city impact
boundary. Because this is a low density development staff is not recommending a
development agreement with the annexation of this specific property. The proposed plat,
as I said, consists of 15 single family residential lots, five common lots. A proposed R-2
zoning district. The average lot size is 21,893 square feet. The applicant has requested a
step down in density, which is allowed by the future land use map from a medium density
to low density. The proposed gross density of the subdivision is 1.49 dwelling units per
acre, which is consistent with both a step down in density and the proposed R-2 zoning
district. Staff has reviewed the proposed plat for compliance with the dimensional
Meridian City Council
February 2, 2016
Page 15 of 40
standards listed in the UDC and found th e plat in compliance with those standards and the
minimum lot size for a single family detached dwelling in the R -2 zoning district is 12,000
square feet, with 80 feet of frontage. The plat as submitted complies with the dimension
standards of the UDC, with a proposed minimum home size. The UDC -- excuse me --
defines a minimum home size of 1,500 square feet. Access to the site is from Elk Ranch
Lane, which is a private street, which leads you out to Chinden Boulevard as well from two
existing stub streets. One Hacienda Subdivision to the west and one Saguaro Canyon
Subdivision to the south. Access to East Chinden Boulevard via the private Elk Ranch
Lane is prohibited in accord with the UDC easement that provides direct access to
Chinden Boulevard must be relinquished prior to signature on the final plat. At this time
there is an existing six foot vinyl -- six foot tall privacy fence along the south and a portion
of the west boundary of the proposed development. The applicant shall provide a six foot
tall privacy fence along the entire boundary of the subdivision to meet the requirements of
the UDC. The application originally proposed 6.6 percent open space or .67 acres, with
the understanding that staff was presenting a proposal to reduce the amount of open
space required for subdivisions. This proposed text amendment was not approved by
Council, so the proposed open space for this subdivision does not currently meet the city's
requirements. Additional open space will need to be provided to meet current code. This
increase in open space will not result in a substantial change as is defined by our city
code, so a new application will not need to be submitted. Amenities for the development
include a pool -- go to the landscape plan here. A pool down here in the lower left here.
A barbecue area and a micropath connection to the east as you can see there. The North
Slough runs across the site and will be tiled as part of -- part of the development. No
structures, other than fences, may be built within the easement without approval from the
easement holder. A license agreement should be obtained from the Settlers Irrigation
District for the loss of encroaches within the easement area. The applicant has submitted
conceptual building elevations for the future homes. Building materials are proposed to
consist of architectural -- architectural shingles and stone columns or wainscot. Staff is in
favor of the proposed elevations with their associated architectural features and the
applicant should construct homes within the development that substantially comply with
the submitted elevations as proposed. The Commission did recommend approval with
conditions. A summary of the Commission public hearing. None -- there were no
comments in favor. Tom Riekea was in opposition. Commenting on that were Pat
Tealey, the applicant Bill Fremgen and Vince Murphy. There was no written testimony
received. I was the presenting staff member for the application. There was no other staff
commenting on the application. Some key issues of discussion by the Commission were
the proposed open space and site amenities for this proposed subdivision. General traffic
and construction traffic through the established subdivisions to the west and south of the
proposed subdivision during the construction period. The road layout changing to meet
the block length requirement of the UDC. Key Commission changes to staff
recommendations were removal of Condition 1.1.1B referencing the length of the cul-de-
sac, which is -- has been removed to the north. Removal of Condition 1.1.1C referencing
the micropath that was to be constructed from the now removed north cul-de-sac. Modify
condition of approval 1.1.2I to remove Lot 8, Block 3, which was the previously proposed
micropath and add a site condition -- specific condition that requires the applicant to
construct homes consistent with the proposed elevations. There were no outstanding
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February 2, 2016
Page 16 of 40
issues for Council and we received no written testimony since the Commission hearing.
Staff will stand for any questions you have on the application.
De Weerd: Thank you. Council, any questions at this time? Okay. Is the applicant here?
Good evening, Pat.
Tealey: Good evening.
De Weerd: If you will, please, state your name and address for the record.
Tealey: Madam Mayor, Members of the Council, my name is Pat Tealey. Office address
12594 Explorer in Boise and I'm here to represent the applicant EGC Construction. There
is the applicant's representative in the -- in the crowd if you -- if I have questions I couldn't
answer or you may have for him. We originally submitted this subdivision to the City of
Meridian in response to the Bull Run Subdivision, which is to our -- to the east. In other
words, our configuration was different. We didn't agree with -- with the way they had their
roads laid out, because on the south there that would have provided about three-quarters
of a mile straight shot from their subdivision out to Meridian Road. So, we always did
have the idea that we should cul-de-sac that south road. Once -- I believe there was
action taken on Bull Run, it was turned down, so we went back and modified our
subdivision to the -- or our original layout. We are aware that -- that I just made -- I just
found out tonight about the open space requirement. We can respond to that fairly easily
in the subdivision once we talk it over with the -- the owners. The Elk Ranch Road, which
dead ends into the northeast corner of the subdivision will be vacated. It was a private
road that supplied access to the older lots in Blythe Estates. We do have approval from
the North Slough for the piping and our pressurized irrigation and as soon as we get
approval we would like to get that started as soon as possible. Rather than go over what
the staff has already told you, I would be glad to answer questions.
De Weerd: Thank you. Council, any questions for applicant?
Bird: I have none.
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: Pat, I really just have a comment. So, we rarely see it -- well, in the last couple
years a step down application. A lot of times everybody wants more density and I find this
somewhat refreshing.
Tealey: Madam Mayor, Council Member, they did -- we saw Bull Run happening next to
us and we were going -- you know, this -- this isn't what we want. We did a lot of market
research, actually. All the lots are sold. There is actually a group of people that got
together and are developing this subdivision to live together almost. Quite a few of the
lots anyway. So, appreciate your comment.
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February 2, 2016
Page 17 of 40
De Weerd: Thank you.
Tealey: Thank you.
De Weerd: I have several people signed up on the public hearing sheet. If when I read
your name if you would like to provide testimony at that time, I would invite you forward.
Connie Johnston signed up for. Michael Rich signed up for. And Kyle Enzler signed up
for. Please. Good evening. Thank you for joining us. If you will, please, state your name
and address for the record.
Enzler: Kyle Enzler at 5679 Pinery Canyon.
De Weerd: Thank you.
Enzler: Which is in Saguaro Canyon just -- just next to -- I appreciate you letting me say
something. I -- I was looking at the scouts here thinking, boy, I need to come to these
more often. Last time I remember coming to these was when I was a scout. But I have
owned -- I have a lot in Saguaro Canyon and I own the house there and lived there for
quite a few years and I'm -- yeah, I'm just excited, because I think that the type of
neighborhood that this is is going to add to the value of the surrounding neighborhoods.
We have a lot of those nicer neighborhoods across Chinden in Castlebury and Sugarbury
and those areas, but it kind of seems a little bit far. So, it's not too much, but I'm just
excited about what it can do for -- for our neighborhood in Saguaro. So, thank you for our
time.
De Weerd: Thank you. And welcome back. I know it's only been a couple years, but --
this is a public hearing. Is there anyone who would like to provide testimony on this item?
Okay. Any further comment from the applicant? Okay. Council, any questions for staff
or the applicant?
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: Quick for staff. Can you just give me some clarification on how often we see
private drives connecting to major roads like Chinden?
Beach: There are a few. I mean this is a plat in the county, so it's been there for quite a
while, that Elk Ranch Lane. That's how they got access. May have been a farm road at
one time.
Cavener: I know the -- Madam Mayor, follow up? I recognize we see this a lot in the
county, I just wasn't aware of times that we have had a property annex into the city where
something like this has happened.
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February 2, 2016
Page 18 of 40
Beach: This -- Council Member Cavener, this specific situation -- both this property -- this
10.06 acres and the Bull Ranch that was denied back in December, both have rights to
access that private road and so we would need both of them, technically, to relinquish that
in order for that to go away completely and that's what we are hoping to get from Bull
Ranch as soon as that applicant comes back in and --
Cavener: Thank you.
Beach: So -- you're welcome.
De Weerd: Okay. Anything further from Council. If not, I would entertain a motion to
close the public hearing.
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: I move that we close the public hearing on H-2015-0021.
Bird: Second.
De Weerd: I have a motion and a second to close the public hearing on Item 9-A -- 8-A.
All those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: Do we need to discuss the issue with the open space requirement not being met?
I -- uh? Oh, on the second one? All right. Madam Mayor?
De Weerd: Mrs. Milam.
Milam: I move that we approve the annexation and zoning H-2015-0021 with all staff and
applicant comments. And public testimony. We did have some.
Bird: Second.
De Weerd: I have a motion and a second to approve Item 8-A for annexation and zoning.
Any discussion from Council? Madam Clerk.
Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts,
yea.
Meridian City Council
February 2, 2016
Page 19 of 40
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
De Weerd: Okay. Is there a motion on item for the prelim plat? Or any questions for
staff?
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: The subject of the -- the open space not meeting the requirements, do I make a
motion before we discuss that or after? I personally don't have an issue if -- I think their
site amenities are more than requirement and being that the lots are double almost what
they need to be, I don't have a problem with a reduced open space requirement on this
particular application. So, I could just make a motion with that. Madam Mayor?
De Weerd: Mrs. Milam.
Milam: I'd move that we --
Nary: Well, Madam Mayor, Members of the Council, I was going to say -- you can't waive
the code requirements.
Milam: Oh, you can't waive the --
Nary: You can't waive the code requirements. So, the code -- they have to match the
code requirement that currently exists today. There is no means to waive that. So, that's
what they are saying. But what Josh stated was that even meeting that it won't be a
substantial change to the plat. So, the preliminary plat won't be exactly the same, if it
comes back for final plat, but it will be substantially the same even with the minor change.
Milam: Okay. Try this again.
De Weerd: Mrs. Milam.
Milam: I move that we approve the preliminary plat H-2015-0021 with all staff, applicant,
and public testimony.
Bird: Second.
De Weerd: I have a motion and a second to approve Item 9 -- or 8-A -- I keep wanting to
say nine. I'm moving this too fast. To approve the preliminary plat. Any discussion from
Council? Madam Clerk.
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February 2, 2016
Page 20 of 40
Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts,
yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
B. Public Hearing for Citadel Storage at Amity (H-2015-0031) by
Citadel Storage, LLC Located Southeast Corner of E. Amity and N.
Meridian Road
1. Request: Annexation and Zoning of 15.84 Acres of Land
with an I-L Zoning District
De Weerd: Item 8-B under a public hearing for H-2015-0031. I will open the public
hearing with staff comments.
Beach: Very good. Madam Mayor, Council Members, this is the -- an application for
Citadel Storage at Amity, which is an application for annexation. The site of the property
-- the subject property is located at 4940 South Meridian Road. It consists of 17.55 acres
of agricultural land, which is currently zoned RUT in Ada County. There is no history on
the specific parcel, other than it used to be a gravel mine of some sort in the past. The
Comprehensive Plan future land use map designation for this site is mixed use
nonresidential. The applicant has submitted an application for annexation and zoning of,
as I said, 17.55 acres of land, which -- in the proposed I-L or light industrial zoning district
for the Citadel Storage. Access to the site is provided from -- via West Amity Road and no
direct access to South Meridian Road is permitted. The applicant is requesting some
emergency access to Meridian Road as you see here with my pointer. A 35 foot wide
street buffer is required along South Meridian Road and a 25 foot landscape buffer is
required along East Amity Road. Both landscape buffers are required to be landscaped in
accordance with the UDC. The rendering provided by the applicant shows a substantial
amount of gravel between the property line -- get that up here for you. And the
unimproved right of way along both South Meridian Road and East Amity Road.
Conceptual elevations provided by the applicant show a large gravel shoulder and does
not meet the current requirements of the UDC. The city's pathways master plan indicates
a multi-use pathway crossing the subject property within the pipeline easement and there
is a pipeline easement you can see here on the phase one that -- that's the Williams
Natural Gas Pipeline that passes through this corner of the property. The developer shall
provide a ten foot wide sidewalk pathway across the Amity Road frontage to the
intersection with Meridian Road. A public pedestrian pathway easement shall be provided
and the pathway should be detached from the future curb and have landscape between
the curb and the pathway. Staff has required the applicant to provide all of the frontage
improvements consisting of phase one as you see here and phase three, with the
exception of phase two, with the understanding that there will be some future utility work
going on in this area, so it did make sense to have them install that, rip that back up, and
then, reinstall that. That was a Commission recommendation -- or altered condition. A
Meridian City Council
February 2, 2016
Page 21 of 40
CZC application is required to be submitted prior issuance of building permits. The
applicant is required to obtain approval of a design review application for the proposed
structure and, then, site design for the self-service storage facility. The application may
be submitted concurrently with the CZC application and the applicant must comply with
the design standards listed in the UDC and the guidelines contained in the Meridian
design manual. A minimum of five foot wide detached sidewalk is required around all
buildings, as well as those serving public streets. To insure the site develops as proposed
staff recommends a DA to require future development to substantially comply with the
proposed site plan and building elevations. The Commission did recommend approval
with conditions. Summary of the Commission public hearing. The applicant Dave
Yorgason was in favor. There was none voiced in opposition. Dave Yorgason
commented on the application. We did receive a -- a written testimony from Dave
Yorgason. I presented the application. Bill Parsons was another staff member who
commented. Key issues of discussion by the Commission were the timing of the
annexation and whether or not it was appropriate to a nnex the property at this current
time. Timing for the completion of the south Meridian annexation. Location of the
emergency access onto South Meridian Road. Phasing of the site plan and landscape
improvements for the proposed development. Traffic impact of a development of this size
and type. Location of the access to Amity Road and its relation to Meridian Road. Timing
of utilities to service the property. Building materials to be used for the proposed
development. Overall architectural design and design of the project. Some key
Commission changes to the staff recommendations were modify Condition 1.1.1C
referencing the 20 foot wide driveway and five foot wide pathway along the east boundary
of the property. Then modify Condition 1.1.1F to requi re all frontage improvements with
the development -- just to limit that to the first and third and not the second. Modify
Condition 1.1.1I regarding development of the site and the availability to utility
connections. Modify Condition 2.2.2 regarding utilities on the property. We did not
receive any written testimony since the Commission hearing and staff will stand for any
questions you have.
De Weerd: Thank you, Josh. Council, any questions?
Bird: I have none.
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: Josh, I notice there are a few places in our packet that talk about the -- the sewer
will be completed by December 2017. Is that guaranteed -- and are we doing anything
that binds us to make sure that we have these utilities up and ready by this date?
Beach: I believe Clint may have some better knowledge on it.
Dolsby: Madam Mayor, Members of the Council, Council Member Milam, yes, we have
made a commitment as part of the south Meridian annexation that was I believe just
Meridian City Council
February 2, 2016
Page 22 of 40
executed as of a couple of days or about a week ago. So, we have two years from the
date of that execution to have this particular sewer constructed.
Milam: Thank you.
Dolsby: That's why it's stated that way.
Milam: Thank you.
De Weerd: Okay. Any other questions? Okay. Would the applicant like to make
comment? Good evening. If you will, please, state your name and address for the record.
Yorgason: Good evening. My name is Dave Yorgason. I'm here representing the
applicant. My address for the record is 14254 West Battenburg Drive in Boise, Idaho.
De Weerd: Thank you.
Yorgason: And I want to thank you. Good to be here tonight. And thank staff for your
presentation and comment as well. Before I dive into a short presentation I just want to
maybe highlight just a few comments that were made by staff and maybe address a
couple questions that were shared here as well. First of all, in the staff report, just for
clarification, there was not an ACHD staff report. It was submitted after the time of the
P&Z hearing, but prior to tonight and so it has been submitted, finalized, we agree with all
the comments, there are no concerns. It has been finalized just for the record. There is
no concerns there. Secondly, the staff identified the gravel shoulder along the frontages.
We do anticipate -- that just an illustration rendering. We will comply with the UDC code
landscape requirements. That has actually more dirt than gravel. That was just more
illustrating existing site. But we will comply with the code there. I will touch on the
frontage improvements a little bit later. I will address the sewer now. We are planning on
working with the city. We actually are providing a sewer easement through the site to
enable that sewer line to come through the site and we have actually made some
adjustments to our phasing plan, I will show you here shortly on our presentation , to
accommodate and work with the city there. And, lastly, just a point of clarification. As
staff identified, the five foot sidewalk around the buildings -- our understanding is that's the
office building, not all of the storage buildings. So, I don't think that would make any
sense to have a five foot sidewalk around all the storage buildings on this entire site. So,
just making sure we are all clear that's what it's for and --
De Weerd: Well, I think that would be really good, Dave.
Yorgason: I'm sure, Mayor Tammy, you would like that. I'm sure the site wouldn't be
developed with that as a condition. Real quickly go through a few items then, just not to
reiterate all the points that were made, just more of a support with staff and touch on one
of the points. The site is now contiguous based on all the development agreements that
were just approved last week by City Council, adjacent to all the large area that's been
annexed in the southeast part of the site. We are compatible with the city comp plan.
Meridian City Council
February 2, 2016
Page 23 of 40
This is a nonresidential area. We are requesting a nonresidential zone of industrial -- light
industrial and this use is consistent with the I-L zone. This is all very compatible with the
comp plan. We have worked closely with staff of Public Works, with planning staff, and
other agencies to try to make sure we have understood all the issues and made
adjustments. As I have mentioned, we have modified our phasing plan to accommodate
the needs of the future sewer line to the area. We are providing a sewer easement to the
area. We will be providing a -- we will actually be installing the water line to the future
water tank for the city from Amity to the -- which the city owns property on our south
boundary, so we are enabling all these things to try to accommodate the future growth of
that area. This is an aerial photo of the site, just to kind of show a quick illustration. The
access will be off of the -- Amity, as identified, which is in this -- I don't know if I touch this
or not -- I'm kind of afraid to do that. But anyway -- is that okay to touch this?
Beach: Pick a color on the top first.
Yorgason: Which color?
De Weerd: Whatever color.
Yorgason: Oh, that one right there. Okay. Thank you. So, that's the main entrance to
the site. Amity. And the western two-thirds of the site are the storage building, as a
typical storage facility would be. The eastern third are the covered and the uncovered
parking, as well as a few storage buildings -- again, this is to accommodate the sewer
easement, as well as the gas line easement to that area. This is the location of the
secondary -- actually it's just an emergency vehicle access only and it's in the exact
location of the existing access to the site that was used for that sand and gravel operation.
We are not adding an access, it's reutilizing the existing accesses there. Okay. This is
the phase plan -- the phasing plan and -- was identified before. The northwest corner of
the property is where phase one is. Originally we had the entire frontage of Amity in
phase one. We have pulled that back in order to enable that sewer line to go through and
-- in the spirit of green for sewer, the sewer line runs in this area through here and we will
jog it over here. The water line -- I'm not going to get too much more cute than that -- is
adjacent to phases one and two. And that is, again, all planned and coordinated with staff
and all soon to be resolved there. We are requesting approval tonight with one change to
the condition of approval. It's not because we don't want to put the improvements in along
the frontage, but it's due to the timing and a challenge with the timing of when the -- there
is a whole process that goes on and I will just kind of explain that to you now. So, this
illustration shows that same 3D rendering we pulled together, but if you drop yourself into
the intersection and look back at the site you can look back and notice that the buildings --
this is how it will look when it's all fully built out. So, you have all the landscaping, the ten
foot wide multi-use pathway on Amity, as well as on Meridian Road and, then, as you
notice there is actually quite a bit of topography change for the site. From this intersection
you look up towards Meridian Road and as you look down Amity you go downhill. So,
there is actually quite a bit of topography change and, then, it gets even more dramatic on
the southern portion of the site along the frontage of Meridian Road and I will show it here.
This is an illustration -- if you now take yourself about halfway down the site and look
Meridian City Council
February 2, 2016
Page 24 of 40
directly at our property, the southern part of the frontage, the amount of mass material
there is so substantial that once the buildings are in you won't see them. You will see
some landscaping, but that's it. So, there is quite a bit of mass there and you won't see
the buildings. Another illustration for you here. It's kind of a bird's eye view, top down
look here. There is the emergency access coming in and, then, everything to the south of
it where the topography challenges are and if you l ook -- zoom in kind of close you will
notice that the buildings are actually built into the hillside, if you will. One more illustration.
This is a side profile. So, the left-hand side of the page is Meridian Road. The right-hand
side is a building. And you can see the buildings there. The blue X's all the material that
actually has to come out and, then, placed back in. This is in order -- the building of the
landscaping and so forth. So, just like you build your home or you build an office building,
the home gets built first and in this instance the grading kind of has to happen -- part of it
comes out, then, the buildings go in, the material goes back in -- the grade has to go back
in and, then, the landscaping and the sidewalk can go in, which is why the challenge of
trying to put all the improvements in now is really problematic, it's really quite a hardship.
So, we are asking a change in the Condition 1.1.1F where, again, there is a significant
grade challenge. The buildings have to go in first and, then, the landscaping follows as I
mentioned. It's a pretty big hardship if we had to put in -- and massive cost of putting in
landscaping, sidewalk, retaining walls and, then, rip them out and modify and, then, put
them back in later. So, we are asking that we follow the phasing plan of the development.
So, the specific alternative language we are asking for is all landscape and frontage
improvements associated with the site, including landscape buffers and a ten foot wide
easement multi-path use pathway shall be constructed with the corresponding
construction phase of the development. So, again, we are not trying to get out of it, it's
already been fully acknowledged -- in fact, it was acknowledged by staff in the
Commission -- clearly it doesn't work for phase two, because the sewer line utility work is
going in there. It's the same kind of a challenge for the balance of the frontage for phase
three, where we have just mass grading and other improvements that just -- you have to
go put the buildings in first and, then, the short retaining wall against it, then, the material
comes back in before that pathway and landscaping can go in. So, with that we request
your approval tonight with -- sorry. Don't know what I just did. Request your approval
tonight with the development -- with the one change to the condition of approval as I
outlined for you and stand for any questions you have.
De Weerd: Thank you. Council, any questions?
Bird: I have none.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: Dave, can you go to slide two real quick?
Yorgason: If Josh could help me out here.
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February 2, 2016
Page 25 of 40
Borton: Somebody go to slide two.
Yorgason: Is that the one or is it the one before?
Borton: This is the one. The issue was discussed in a different matter with regard to the
emergency access on Meridian Road. Was it part of the discussion trying to address
individuals perhaps towing a trailer who might turn in heading north on Meridian Road,
turn in, realize it's an emergency access, will they be able to utilize it?
Yorgason: They will not -- Madam Mayor and Council Member Borton, they will not be
able to use it.
Borton: And if not how do they get back to Meridian Road safely?
Yorgason: Madam Mayor and Councilman Borton, I know it has been in place in one
other instance already -- and this is going to be very similar here, too. So, there will be a
gate. It will be, you know, fenced very clearly, no access right there as you're
approaching. You can't go all the way in and, then, figure it out and get confused. The
Citadel One was built on Chinden --
Borton: Uh-huh.
Yorgason: -- state highway. Very similar in this instance here. Had main access actually
on a side street, a local street in that instance -- a collector road I think it was. And, then,
the emergency vehicle access was on Chinden for Citadel One. And so the gate was
there right at the -- visible, but it's right there on the -- on the approach as you're coming
up Chinden, so you won't be able to turn in, you just -- now, I don't know if you're asking
for a sign or something to kind of add to it, but they just do it, because they can see it's
blocked off, you can't get in.
Borton: Okay. I presume the discussion had occurred. I was curious to hear that.
Yorgason: Hope that helps.
Borton: Yeah. It does.
Yorgason: Sure.
Borton: Thanks.
De W eerd: Thank you.
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
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February 2, 2016
Page 26 of 40
Milam: Dave, maybe you told us, but with regard to the pathways and the -- you want him
to do it with each phase. What is your time frame for your phasing to completion of the
project?
Yorgason: Sure. Madam Mayor and Council Member Milam, the plan is is phase one will
start right away. Phase two is we are waiting for the sewer, which is our understanding
will be before the end of 2017. So, maybe there is a little bit of extended through the
winter, so call it two years from now is our plan for phase two and, then, it's about two
years after that for phase three. One of the things I have noticed, Council Member Milam,
is I think about sidewalks what the needs are for them -- we understand the needs along
Amity. There is an elementary school a little further down there, but this is, actually, a
nonresidential area. There is just not a lot of high pedestrian traffic. There is really
nothing to the south of this area and so -- some day there will be, but --
Milam: Sure.
Yorgason: -- pretty much all that development has to wait for the sewer trunk line to get
there as well. And so we think the timing will be still long before when the uses will --
when the needs are there.
Milam: Nobody will be walking out there anyway.
Yorgason: I don't think there is a lot of people walking about there. Maybe a few bikes
that shouldn't belong there, but they do occasionally, but no pedestrians -- there just aren't
any houses there today and there really won't be for quite some time.
Milam: Okay. Thank you.
Yorgason: Sure.
De Weerd: Okay. Anything from Council? Okay. Thank you.
Yorgason: You're welcome. Thank you.
De Weerd: I had one person sign up on the sign-up sheet and if you would like to provide
testimony, please, come forward. Gordon Hamilton signed up as neutral. Good evening.
Hamilton: Good evening.
De Weerd: If you will, please, state your name and address for the record.
Hamilton: Gordon Hamilton and I'm here representing Williams Pipeline and our office
address is 1301 South Locust Grove.
De Weerd: Thank you.
Meridian City Council
February 2, 2016
Page 27 of 40
Hamilton: I just wanted to be on the record. We are always concerned about any
development that starts occurring near our pipeline that could affect the safe operation
and maintenance of the pipeline. It was good to -- to hear staff refer to the -- the bike path
that's been discussed at various other developments north of I-84 as defined in the
charette I think it was called in 2005? Is that co rrect that the master plan was put together
for that? And that that's the concept of using our easement for a multi -use bike path has
also continued in areas that are west of Meridian Road and north of Amity. So, it's good
to hear that mentioned here. I don't know quite how that fits into the long term planning,
but with all the annexation that's going there I really wanted to come before you and bring
up that -- that item. I would also say I see this as annexation, but -- and maybe I would -- I
have a question on -- is it annexation and it's also approval of the actual design? Is that --
is that contained in the annexation and zoning or is there a separate development
agreement?
De Weerd: Josh, I will ask you to address that.
Beach: Sure. This is -- this is, essentially, just annexation to bring the property into the
city. The applicant has to come back for what's called a certificate of zoning compliance
and design review to actually get the use approved.
Hamilton: Okay.
Beach: So, essentially, this is bringing the property in with no use on it. Just bringing it
into the city's jurisdiction.
Hamilton: Okay. Thank you for that clarification. And thank you, Madam Mayor and
Members of the City Council, for allowing me to speak.
De Weerd: Thank you.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: Real quick, because it ties to that question. The question for Mr. Nary. There is
a condition -- 1.1.1 that speaks to a development agreement being required as a condition
of the annexation. Is that to follow later or how does that tie into that?
Nary: Excuse me, Madam Mayor, Members of the Council, Council Member Borton, so
part of the condition after this annexation, if this is approved, we would prepare a
development agreement with those conditions of -- of what the use is and, then, they
would sign that prior to an annexation ordinance being prepared.
Borton: Okay.
Meridian City Council
February 2, 2016
Page 28 of 40
Hood: Madam Mayor? If I may just a little bit further clarification. After that process, once
the development agreement is signed and, then, you all approve it as well, the certificate
of zoning compliance that Josh references is staff level. So, this is the only anticipated
public hearing on -- on this site. That's all staff level, because of the zoning they are
asking for would allow this use, as well as some others in the I -L or industrial zone. Just
want to clarify that. This is the only public hearing on this property. In vision. Not that --
they may have a conditional use permit or something else, but at this point this would be
the only public hearing.
Josh: I was also going to mention that if this development agreement was approved tying
them to the specific concept plan, they would have to come back to the Council to modify
that to change a use or a concept plan to something different, so --
De Weerd: Okay. Anything further? I figure that last piece answered your question.
Borton: It did.
De Weerd: Okay. Okay. This is a public hearing. Is there anyone else who would like to
provide testimony on this item? Well, thank you. Any further word from the applicant?
Yorgason: For the record Dave Yorgason. No, I don't really have a lot of comment, I
would just make myself available for any questions. But I did want to address specific to
one comment that was made by Mr. Hamilton and that was regarding their concern for the
pipeline. The easement is there and so -- so we are, you know, preserving -- protecting
their -- the pipeline through that easement and through the condition that is stated in the
development agreement to insure that it is protected. So, I think that issue is resolved.
De Weerd: Okay. Thank you.
Yorgason: You're welcome. Thank you.
De Weerd: Okay. Council, is there any further information needed on this item? If not I
would entertain a motion.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we close the public hearing on H-2015-0031.
Borton: Second.
De Weerd: I have a motion and a second to close the public hearing on this item. 8 -B.
All those in favor say aye. All ayes.
MOTION CARRIED: ALL AYES.
Meridian City Council
February 2, 2016
Page 29 of 40
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move that we approve H-2015-0031 and to include all staff, applicant, and public
testimony and to -- on item 1.1.1F to go with the proposal by the applicant.
Cavener: Second.
De Weerd: I have a motion and a second. Any discussion on the motion? Hearing none,
Madam Clerk.
Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts,
yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
C. Public Hearing for Westborough Square (H-2015-0036) by
Northside Management Located 6340 N. Jericho Road
1. Request: Rezone of 3.32 Acres of Land from the L-O to the R-
15 Zoning District
2. Request: Modification to the Conditional Use Permit (CUP-
05-027) to Allow the Development of Multi-Family Instead of
Offices on Phase 2 of the Site
De Weerd: Item 8-C has been requested to continue this item to March 1st. We see that
the gentleman that was here this evening to listen in on this left, so I'm sure he will be
back on March 1st as well. Council, do you need any information on this? If not, I will
open the public hearing on Item H-2015-0036 and seek a motion to continue the public
hearing to March 1st.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we continue H-2015-0036 to March 1st, 2016.
Cavener: Second.
De Weerd: I have a motion and a second to continue this item to March 1st, 2016. All
those in favor say aye. All ayes. Motion carried.
Meridian City Council
February 2, 2016
Page 30 of 40
MOTION CARRIED: ALL AYES.
D. Public Hearing for Paramount North Forty (H-2015-0034) by
Brighton Investments, LLC Located 6280 N. Fox Run Way
1. Request: Preliminary Plat Consisting of Three (3) Building
Lots, Three (3) Common Lots and Two (2) Other Lots for
Future Right-of-Way Dedication
De Weerd: Item 8-D is a public hearing for H-2015-0034. 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 a preliminary plat. This site consists of 40.52 acres of land. It's zoned
C-C and TN-C and is located at 6280 North Fox Run Way at the southeast corner of Fox
Run and Chinden Boulevard. This property was annexed back in 2013 with the
Paramount Northeast project. A conditional use permit for a residential care facility in a
C-C zoning district was recently approved at the northwest corner of this site. The
Comprehensive Plan future land use map designation is mixed use community, which is
26 acres of the site, and medium density residential, which is 15 acres of the site. The
proposed plat consists of three building lots, three common area lots, and two other lots
for future right of way dedication for widening of Chinden Boulevard on 40.52 acres of
land in the C-C and TN-C zoning district. Access is proposed via two access points from
North Fox Run Way that were previously approved by Council with the conditional use
permit application. No access is proposed via North Meridian Road or West Director
Street. Access via East Chinden Boulevard is prohibited. Per Idaho Transportation
Department's corridor plan for this area, 70 feet of right of way measured from the center
line of Highway 20-26, Chinden, is required as proposed. Berms or other improvements
should be constructed outside of the right of way. A 35 foot wide street buffer is required
along Chinden, an entryway corridor, and a 25 foot wide buffer is proposed along North
Meridian Road, with a ten foot wide multi-use pathway and a 20 foot wide buffer is
required along Fox Run, a collector street, as proposed. The street buffer landscaping
and associated pathways along Chinden and North Meridian Road will take place with the
final plat for each phase of development per the approval of City Council with the
development agreement modification. The North Slough runs across this site and an
irrigation ditch runs along the north and east boundaries. Piping of these waterways is
required with each phase of development. The applicant has submitted conceptual
building elevations as shown for the assisted living facility proposed on Lot 3. Again,
that's at the northwest corner of this site. The future building is required to comply with
design standards. The Commission recommended approval of this application.
Testimony in favor was received from Van Elg and Jon Wardle, Brighton Development.
No one testified in opposition or commented. Written testimony was received from Van
Elg, the applicant's representative, in response to the staff report. There were no key
issues of discussion by the Commission. The Commission did make some changes to
staff's recommendation. The f irst was a modification to condition number 1.1.3A to allow
Meridian City Council
February 2, 2016
Page 31 of 40
the four foot wide sidewalk that exists along Fox Run Way to remain if five foot by five foot
turn out areas are provided every 200 feet to meet ADA standards. Second was a
modification to condition number 1.1.3C to generally require a ten foot wide detached
multi-use pathway to be constructed along East Chinden Boulevard and a public use
easement, rather the specifically in the street buffer. And the last modification to condition
number 1.1.3B, consistent with condition number 1.1.3C to require a ten foot wide
detached multi-use pathway to be constructed along North Meridian Road in a public use
easement, rather than specifically in the street buffer. There are no outstanding issues for
City Council and the only written testimony since the Commission hearing was from Van
Elg, the applicant, in agreement with the Commission recommendations. Staff will stand
for any questions Mayor and Council may have.
De Weerd: Thank you. Council, any questions? Okay. Thank you. Good evening. If
you will, please, state your name and address for the record.
Elg: Good evening. My name is Van Elg. I'm with Brighton Corporation. 12601 West
Explorer Drive in Boise. Appreciate being here. Welcome new Council members this
evening. As you heard from Sonya, she -- she has aptly described our project for us. It's
been ongoing, a part of the Paramount for a number of years. A development agreement
was approved. The Veranda Assisted Living Facility has been approved and we hope to
be in construction shortly. You will see on the heels of this preliminary plat, as required by
staff and in the conditions of approval through the DA as well, that we will be providing the
-- you will see the final plat as well for Veranda. As Sonya has mentioned, there are three
plats -- or three lots in the subdivision that are buildable, Lots 3, 5 and 6, and as this
development progresses you will see additional platting, documentation applications for
those future phases that comply with the development agreement or as may be necessary
some minor adjustments to it. One thing to point out with the Veranda Subdivision that
you will see before you -- coming before you in that assisted memory -- or assisted living
facility, we are constructing -- already have constructed the landscape along Chinden
Boulevard. So, it's already in place and with regard to the requirements -- those changes
and those modifications for the two -- the three conditions of approval, the -- the one that
was probably of most concern was the one along Fox Run, which required us to remove
an existing four foot sidewalk that was built in accordance with city ordinance at the time
in exchange for a five foot and as we talked with ACHD and staff it seemed reasonable
that if we could comply with ADA requirements and put the five foot knock outs or turn
outs every 200 feet that we would meet the intent with that as well and not have to remove
existing facilities and alter irrigation facilities, piping, utilities, whatever might be in that
area. With that I don't have anymore to present. I think Sonya has presented what we
needed to hear and I will keep it short for you this evening.
De Weerd: Thank you. Council, any questions?
Bird: I have none, Mayor.
De Weerd: Okay. Thank you.
Meridian City Council
February 2, 2016
Page 32 of 40
Elg: Thank you.
De Weerd: This is a public hearing. Is there anyone who would like to provide testimony
to this item?
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: Nobody interested in testifying on this, I move we close the public hearing on
8-D, a preliminary plat for Paramount North Forty.
Bird: 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.
MOTION CARRIED: ALL AYES.
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: I move that we approve the preliminary plat H-2015-0034, include all staff and
applicant testimony.
Bird: Second.
De Weerd: I have a motion and a second to approve Item 8-D. Madam Clerk, will you
call roll.
Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts,
yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
E. Final Plat for Paramount Veranda (H-2015-0033) by Brighton
Investments, LLC Located 6280 N. Fox Run Way
1. Request: Final Plat Approval Consisting of One (1) Building
Lot, Two (2) Common Area Lots and One (1) Other Lot for
Future Right-of-Way Dedication
Meridian City Council
February 2, 2016
Page 33 of 40
De Weerd: Item 8-E was requested by staff to continue this item to February 9th. That is
a workshop and so maybe we can see what the final plat issues were.
Watters: Madam Mayor, Council, there were no issues with it. That is the first phase final
plat for the preliminary plat that you just heard for Paramount North. We felt it would be
better to have that on the next agenda, rather than before the findings were approved on
the preliminary plat. The applicant is in agreement with staff's conditions of approval, so
staff was recommending it just be on the Consent Agenda next week, if that's agreeable
with Mayor and Council.
De Weerd: Thank you.
Watters: Thank you.
De Weerd: I appreciate that clarification. Okay. Council, do I have a motion to continue
this item to February 9th?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we continue H-2015-0033 to February 9, 2016, Consent Agenda, unless
otherwise noted.
Milam: Second.
Cavener: Second.
De Weerd: I have a motion and a second to continue Item 8-E to next week for the
Consent Agenda. All in favor say aye. All ayes.
MOTION CARRIED: ALL AYES.
Item 9: Continued Department Reports
A. Community Development: Update and Discussion regarding the
Oaks Subdivision Reimbursement Agreement for Infrastructure
Enhancement
De Weerd: Item 9-A is under continued department reports and I will turn this over to
Bruce.
Freckleton: Thank you, Madam Mayor, Members of the Council. Just -- maybe just for
point of clarification, it is titled under nine as continued department reports. This is the
first time you have -- you have heard this topic, so it's not a continued item. It's continued
in the sense that it's falling after action items. So --
Meridian City Council
February 2, 2016
Page 34 of 40
Milam: Additional.
Freckleton: Additional. Yeah. First of all, I just kind of want to give you a little bit of a
background for the new Council. Several years ago the Thomas Coleman -- Coleman
Development proposed a development called The Oaks North and South Subdivision out
in the vicinity of McMillan and McDermott Roads. That development came in with an
annexation and zoning, preliminary plat for in the neighborhood of 900 lots -- 900 to a
thousand lots. Pretty good size development. Part of the property fell west of the city's
current centric sewer services and so Coleman had to construct a fairly large lift station to
be able to provide sanitary sewer service to the western portion of this development. The
city's master plan called for one lift station clear over on Can-Ada Road and so the Public
Works Department worked with Coleman, it took quite a bit of -- quite a bit of discussion.
We had to bring in our consultants for the master plan in. Ultimately the Public Works
Department approved an interim lift station to be constructed as part of The Oaks
Subdivision. Through the design of that lift station the city asked for it to be constructed,
so it was expandable in the future. Coleman constructed the lift station with those design
guidelines. The current capacity of the lift station is only enough to serve The Oaks
development. However, like I said, it is expandable in the future. Meridian City Code
several years ago -- I think it was July of 2011 we brought a new reimbursement code in
front of City Council for approval. Historically the City of Meridian has had a method for
reimbursing developers for inf rastructure that they would construct that would be above
and beyond what would be required to provide service for their own developments. Like I
said, in July of 2011 we brought -- brought forth a new revised code that made many
improvements to the old code. The old code used to require that we would collect a small
portion or a proportionate share from every single building permit that was issued in a
benefit area and as you might imagine, the money would trickle in and the accounting
overhead was huge to try and keep track of all that money and, then, pay the developer
out on a quarterly basis and so the new code that we put in place in July of 2011 we -- we
went to a different methodology to where we would collect reimbursement fees with the
plats as they would come in and the developers would have to pay that fee, instead of the
builders as they constructed homes in the developments. So, that's a little bit of the
background of how we got to where we are with The Oaks. What we have before you is a
requested modification to that code that was done in July of 2011. Through the
development of the reimbursement agreement for The Oaks we found some areas of our
code that we hadn't contemplated back 2011. The Oaks' request for reimbursement
agreement is the very first one -- it's the very first request that we have had that is testing
this new code and it happens to be for a lift station. If it were for main lines it would have
been simple, but lift stations, as you might imagine, are very complicated, they provide a
lot of capacity and the mechanics of how you have to put them together are quite different.
So, the code modifications that we are asking for are really kind of housekeeping or
clarifications. In the -- in the current definitions of our code there is a -- in the -- under 6-B
for beneficiary reimbursement amount it outlined in the definition section at what points in
time we could collect the reimbursement amounts. Unfortunately -- and I think it was just
probably a clerical error, but that -- that is the only place that it is written in the code is
under the definition section. It's not written into the body of the code. So, our legal
Meridian City Council
February 2, 2016
Page 35 of 40
department recommended that we modify that to bring the timing of when we can collect it
down into the body of the ordinance, just -- it clarifies the -- it clarifies the procedure of
how we would go through these. And, then, the other change -- material change to this is
to add, in addition to -- the current language in the code says that we will collect on a per
acre basis, we will collect the reimbursement fee on a per acre basis and so we wanted to
add on -- in addition to that we wanted to add that we could do it on an equivalent
residential unit basis. So, that basically is with each house that goes in we would do it
based on the number of homes, if that makes sense. This lift station, as it's constructed,
can serve -- I believe it was 600 gallons a minute and so it's converting that 600 gallons a
minute into how many homes that would serve and so by add ing the language in that
allows us to do it to an ERU, it makes it a lot more intuitive and it clarifies it. So, that's
really what we are after tonight is the modifications that I have outlined to the
reimbursement code. What we plan on doing is next week the actual agreement that we
have negotiated with Coleman, we want to bring that forward on the agenda for next
Tuesday for your approval, but in order to make that agreement work the way they have
negotiated it we had to make these tweaks to the code a head of time. With that I would
stand for any questions.
Bird: Madam Mayor?
De Weerd: So, Bruce, I -- in the packet we just have the agreement with Coleman, so as
you have gone through some of your suggestions, I'm having -- I wasn't able to really
follow you, so --
Nary: Madam Mayor?
De Weerd: Or am I missing something?
Nary: It's actually number ten is the ordinance itself. So, Madam Mayor, Members of the
Council --
De Weerd: I was looking under Department -- continued Department Reports.
Nary: So, Madam Mayor, Members of the Council, to add a little bit more information.
Bruce has done a great job. When we wrote this in 2011 we really wrote it in a vacuum.
We were trying to replace what we used to call latecomers agreements that was to create
this type of reimbursement for upsizing and as Bruce stated if we were building main lines,
which is really what our conversation in 2011 was about, it fits just fine. But with this
being a lift station it's a little bit different type of project and so it's a little bit more
complicated and so that's why we would like you to consider this code change. We think
it's just clarification. I don't think it's really a significant change to the text, it really is
moving some definitions into the procedural section and using another measurement,
because that's another common form. So, it really doesn't change a lot. But it is -- is it --
with Item 10 we also -- if you need some time to think about it, because lots of times we
don't always bring an ordinance change and, then, ask you to change it that night. If you
need some time that's perfectly fine. It's not urgent you do it today. It is -- there is an
Meridian City Council
February 2, 2016
Page 36 of 40
agreement coming behind it that has to wait until you approve this change and if you don't
approve the change, then, we are probably going to have to go back and rediscuss that
with the Coleman people about how they are going to get reimbursed. We think this is
cleaner. Again, this is the first one in five years that this has been in place that w e have
been asked, so as we work through it we found there was some clunkiness to the
ordinance that really didn't fit very well, but, again, it's partly because we were really just
writing it to meet what we perceive to be the future needs and it just has n't come up until
now. So, if you do need more time or you want more information before you consider
approving it, we can certainly wait. Again, the Coleman -- the Coleman agreement has
been finalized pending this change. So, it's up to you.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Thanks for the explanation, Bill. I don't -- it's hard to remember as they were having
discussion and passing an ordinance the same night before. I have a problem with it,
because I -- I do a lot better job of reading and understanding than I do listening and
understanding. But I trust the people that have worked on this, the people that is involved
and I know what the ordinance was and it sounds like we are just adding betterment for
the city to the existing law, but, please, let's don't do this again. It would -- I mean an
ordinance is a law, so if we are going to make it, let's at least have a discussion a week or
two ahead of time, so we can have a chance to read it over. I would have no problem with
going ahead with it tonight. I will let the rest of the Council weigh in, too, but I got faith in
our Legal and our Community Development.
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: I agree with pretty much everything that Keith just said. My only additional
question is you sure you got everything covered in this?
Nary: Madam Mayor, Members of the Council, Council Member Milam --
De Weerd: You can never --
Nary: I never will guarantee we did -- we could find something else that could crop up.
But this does satisfy actually the -- part of the concern in the negotiation with the Coleman
Homes folks has been that there is the potential, the way it's been drafted, that it could
expire and a future council may not extend it and maybe it's not compl etely developed.
We don't -- we don't anticipate that likely to happen, but this allows the reimbursement to
be done a little quicker as development occurs, so it doesn't trickle in like Bruce was
saying, so that there is a way to collect those sooner, so that way the potential for
reimbursement is there and so the Coleman Homes folks are more comfortable with that.
We think that does make sense and it doesn’t impact negatively future development,
Meridian City Council
February 2, 2016
Page 37 of 40
because they are going to know and this is going to be rec orded, this will be available,
they will know that if you're going to develop and use this facility that there is cost to it in
addition to the normal hook-up cost.
Milam: Thank you.
De Weerd: Well, the changes look very clean. You had a very concise walk through of
what you were proposing and certainly I know our crystal ball is not always working quite
correctly, but I think the changes make sense.
Bird: Madam Mayor?
De Weerd: Yes, Mr. Bird.
Bird: I think that it is a such a -- for the ones that aren't familiar with these fees and these
reversables, this -- those developers out there put money out and they need to be paid
back just as soon as we collect. We don't need to sit and hang onto it like we have in the
past. That's the one thing that Bruce brought up and Bill both that this lets them recoup
their -- their money faster and I'm all for that.
Item 10: Ordinances
A. Ordinance No. 16-1671: An Ordinance Amending Meridian City
Code Section 8-6-5, Regarding Reimbursement Agreements For
Infrastructure Enhancements; Amending Meridian City Code
Section 8-6-5(B) To Add A Definition Of Equivalent Residential
Unit; Amending Meridian City Code Section 8-6-5(C)(7)(C),
Regarding Calculation Of Beneficiary Reimbursement Amount
By Equivalent Residential Unit; Amending Meridian City Code
Section 8-6-5(D)(2), Regarding Timing Of Collection Of
Beneficiary Reimbursement Amounts; Adopting A Savings
Clause; And Providing An Effective Date
De Weerd: Okay. Any further questions for Bruce? Okay. Madam Clerk, will you,
please, read Ordinance 16-1671 by title.
Holman: Madam Mayor, may I ask a question?
De Weerd: Uh-huh.
Holman: On the agreement attached to Item 9 do we approve that and, then, I read the
ordinance?
De Weerd: No. This --
Nary: Madam Mayor?
Meridian City Council
February 2, 2016
Page 38 of 40
De Weerd: -- this agreement can only be enforced after the ordinance is adopted.
Holman: Okay. Thank you.
De Weerd: Is that correct, Mr. --
Nary: Yes, ma'am. In fact, we would actually prefer to put it on next week, because the
ordinance would -- if you're going to approve it tonight it won't be published until Monday,
so it's not effective until next week, so --
Holman: Thank you.
De Weerd: Thank you.
Holman: City of Meridian Ordinance No. 16-1671, an ordinance amending Meridian City
Code Section 8-6-5 regarding reimbursement agreements for infrastructure
enhancements. Amending Meridian City Code Section 8-6-5B to add a definition of
equivalent residential unit. Amending Meridian City Code Section 8-6-5C-7C regarding
calculation of beneficiary reimbursement amount by equivalent residential unit. Amending
Meridian City Code Section 8-6-5D2 regarding planning of collection of beneficiary
reimbursement amounts. Adopting a savings clause and providing an effective date.
De Weerd: You have heard this ordinance read by title. Anyone who would like to hear it
read in its entirety? Okay. Seeing none.
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: I move that we approve Ordinance No. 16-1671 with suspension of rules.
Cavener: Second.
De Weerd: I have a motion and a second to approve Item 10 -A with suspension of rules.
Madam Clerk.
Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts,
yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 11: Future Meeting Topics
Meridian City Council
February 2, 2016
Page 39 of 40
De Weerd: And, then, we will see this agreement on a future agenda.
Freckleton: Madam Mayor, Members of Council. B ill, maybe you can clarify -- correct me
if I'm wrong, but I believe Ted's intention was that the agreement would come back on the
Consent Agenda next week?
Nary: Next week.
Freckleton: Is that correct?
Nary: Yes.
Bird: Does anybody have any problem with the Conse nt?
De Weerd: Okay. Any items considered for future meeting topics?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I guess we can consider these future. I just hand ed out a sheet to Jaycee. We got
to get a date for our budgets. June 8th everybo dy can make it. We have problems on
June 15th and July 13th. And I don't know about -- on the 2nd. We discussed here is
anybody -- the AIC is the week of the 21st, the same as the dairy show. Has anybody got
a problem with the 27th, 28th, 29th, 30th, one of those days? Of June. All in June. We
will have our meeting on the 28th will be our regular Tuesday night.
De Weerd: Hey, can we talk one at a time. There is not a whole lot of wiggle room for
changes in all of that.
Bird: June 8th? July 20th? We can't go past the 20th, people, because we are pushing
up to that end when Jaycee has to get this turned into the county.
De Weerd: Okay.
Bird: Madam Mayor, could I speak to something else?
De Weerd: Yes, Mr. Bird.
Bird: The Allumbaugh House, I left you guys a budget. Their 2016 budget. I had the
pleasure of sitting in for Mayor on Monday and truly enjoyed it. They come out with their
annual report. Look it over good, people. This -- this house, which Mayor and I had --
and the previous council had the privilege of helping get this thing going as -- in the five
years its been in service has done great things and they have got some other grants
coming and I'm sure the Mayor will come back here in a couple of weeks with some other
stuff that they are going to -- they got to have another meeting within two weeks on some
Meridian City Council
February 2, 2016
Page 40 of 40
stuff. But this has been one of the best investments, in my opinion, that the communities
have done and I don't -- Joe probably knows as much about it as us coming from that side
of the deal. We have helped a tremendous amount of people. The only thing that -- they
are so full now that some of the people are being released probably sooner than they
should be and with addiction that's pretty tough, you know. You need to keep them as
long as you can, so -- to make sure that they are.
De Weerd: Mr. Bird, is this something that you would like to have on a future agenda that
we could give a report to Council?
Bird: I think they will come -- they will bring this to you. I think they are going to offer to
come to the Council and stuff with not only this, but the one Sheriff Bartlett is -- per that
grant.
De Weerd: Okay.
Bird: I will let you -- at the next meeting you will -- you can decide that.
De Weerd: Okay. So --
Bird: I'd love to see them come before us.
De Weerd: We will make sure it happens. Okay. Any further topics? Okay. I would
entertain a motion to adjourn.
Cavener: So moved.
Milam: 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 7:53 P.M.
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