HomeMy WebLinkAbout2016-10-04 Regular MinsMeridian City Council October 4, 2016
A meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday,
October 4, 2016, by Mayor Tammy de Weerd.
Members Present: Mayor Tammy de Weerd, Joe Borton, Keith Bird, Genesis
Milam, Ty Palmer, Luke Cavener and Anne Little Roberts.
Others Present: Bill Nary, C.Jay Coles, Jayce Holman, Sonya Allen, Bruce
Freckleton, Warren Stewart, Kyle Radek, Berle Stokes, Mark Niemeyer
Bongiorno, and Dean Willis.
Item 1: Roll-call Attendance:
Roll call.
X_ Anne Little Roberts X _ _Joe Borton
X__ Ty Palmer X_ Keith Bird
__X__ Genesis Milam __X__ Lucas Cavener
__X Mayor Tammy de Weerd
De Weerd: Okay. I will go ahead and start tonight's meeting. Thank you all for
joining us. We greatly appreciate it and certainly appreciate our Boy Scout troop
that's here. They are Troop 104 and they are sponsored by Sherbrooke Ward.
So, welcome to our Boy Scouts. Mr. Clerk, will you, please, kick us off with roll
call attendance.
Item 2: Pledge of Allegiance by Boy Scout Troop #104
De Weerd: Item No. 2 is the Pledge of Allegiance and we will be led in the
pledge by our Boy Scout troop, so if you young man will come forward and lead
us in the pledge.
(Pledge of Allegiance recited.)
De Weerd: If I could ask you to come forward, I have a City of Merid ian pin to
thank you for leading us in the pledge. And good luck with the merit badge.
Item 3: Community Invocation by Randy Rodes with reSURGE Church
De Weerd: Item No. 3 is our community invocation. Tonight will be led by Randy
Rhodes with -- oh, we have renamed your church. So, it is reSURGE Church.
It's nice to see you Pastor Randy. Thank you for joining us.
Rodes: Thank you, Mayor Tammy. Good to be here. Thank you. Let's bow our
heads. Lord Jesus, tonight as we come before you we are so grateful for being
able to live in this tremendous community called Meridian. We thank you for our
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October 4, 2016
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Mayor. We thank you for every Council person serving and, Lord, tonight as we
think about our city and all of the decisions to be made, we are reminded once
again that your word says that you are high above us, but that you also dwell with
those who are of a humble heart. So, Lord, we humble ourselves before you and
we ask for your wisdom and I pray you would give wisdom in every decision, that
this would be a community where families and people can continue to thrive and
we will be forever grateful, Lord, to you, in Jesus' name, amen.
Item 4: Adoption of the Agenda
De Weerd: Item No. 4 is adoption of the agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: On the agenda, under the Consent Agenda, 6-R, the resolution number is
16-1170. And T is resolution number 16-1171. Department Reports. Item 9-C,
the proposed resolution number is 16-1172. Under 10-A, Action Items, Item A
has been asked to be continued to October 18th. Applicant did not post the site
appropriately. So, with that I move we approve the amended agenda.
Borton: Second.
De Weerd: I have a motion and a second to approve the agenda as amended.
All those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 5: Proclamations
A. Fire Prevention Month
De Weerd: I have two proclamations tonight. I will move to the podium and,
Pam Orr, if I could have you join me at the podium. Actually, this fire hat is not
about Fire Prevention Week, it's for a pug. But I'm stealing his hat for now. I
don't think he will mind. So, Pam, would you like to introduce our guest and say
a few words before I read the proclamation.
Orr: So, this is Sparky, the Fire Dog, and Sparky, the Fire Dog, is the
international mascot for fire prevention and he was born probably about 62 years
ago and we take him out to the schools and he helps to teach the young people
all about fire safety.
De Weerd: Well, welcome, Sparky. We will give you a little bit of competition in
a little bit with our Hometown Hero. Yes. It's an evening of the dogs. I would
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October 4, 2016
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like to say this meeting is going to the dogs, but that has a different meaning.
So, it is my privilege to read this proclamation on Fire Prevention Month.
Whereas the City of Meridian is committed to ensuring the safety and security of
all those living in and visiting our city and where as fire is a serious public safety
concern, both nationally and locally, and homes are the location where people
are at the greatest risk from fire and whereas Meridian's first responders are
dedicated to reduce the occurrence of home fires and home fire injuries through
prevention education measures, such as the fire safety training center and
Project Safe and whereas our residents are responsive to public education
measures and are able to take personal steps to ensure their safety from fire ;
whereas the 2016 Fire Prevention Month theme is Don't Wait, Check the Date.
Replace smoke alarms every ten years. This theme effectively serves to remind
us all of the simple actions we can take to stay safer from fire . Therefore, I,
Mayor Tammy de Weerd, do hereby proclaim the month of October to be Fire
Prevention Month here in the City of Meridian and call upon the people in our
community to heed the important safety message of replacing their smoke
alarms every ten years. And I'm going to turn this over to the chief for additional
comments and with great privilege I will present this to Pam Orr.
Niemeyer: Thank you, Madam Mayor. I do just want to thank our -- our fire
public education division, Pam and her staff. This is a busy month for her, as you
can imagine. We have several activities going on. We do have a Public Safety
Day and that is this Saturday. So, anybody can attend. That's all day with
demonstrations on fire prevention, fire awareness. Also some law enforcement
awareness as well. It's a great day and we do that together. So, I will take this
reminder and we are going to meet a pug in a little bit, but not all of us have a
pug named Jaxson. So, I will say change your smoke detector batteries if they
are chirping. Please don't take them out and put them in a drawer. Put a battery
in them or replace them. So, that's the message. Thank you.
B. Everyone Shops Day
De Weerd: Thank you. Stacey, do you want to come on up. If you have
additional people to bring with you -- I'm going to let you introduce yourselves
and your team here before I read the proclamation.
Moody: I'm Stacey Moody. I'm the director of contributions for the Idaho Youth
Ranch and we have our CEO Steve Woodworth, Leah Toland and Emily --
Folger: Folger.
Moody: There you go. Her name is so hard to say. The reason we are here is
for the Idaho Youth Ranch and Everybody Shops Weekend, which is this
weekend. So, you can participate in the fire prevention on the 8th and come
shop at the Idaho Youth Ranch. We want more shoppers to come into our
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October 4, 2016
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stores, because we have a waiting list right now for kids in our programs. So, the
more shoppers we get the more kids we can help in Idaho .
De Weerd: Thank you. And I will tell you that this was my grandmother's favorite
charity -- it was her charity of choice and it goes to the heart of each of our
communities. So, thank you for joining us. Whereas more than 4,500 children in
the Treasure Valley School District are homeless; one out of every four kids in an
Idaho high school is bullied; suicide is the second leading cause of death for
Idaho teens and whereas there are more than 45 reports of child abuse every
day in Idaho, almost two per hour, 24 hours a day, 365 days a year and whereas
the Idaho Youth Ranch has helped 34,400 of Idaho's most vulnerable kids find
promising futures. They learn to cope with their feelings, heal from their pain,
and develop skills that will make them stronger adults and future leaders and
whereas for every child helped by the Idaho Youth Ranch there are doze ns more
who are still in need. Idaho Youth Ranch can provide hope for kids and their
families who are suffering and whereas Treasure Valley shoppers that support
the Idaho Youth Ranch provide revenue to support more kids and more families
in need. Each dollar spent in the Meridian and other Idaho Youth Ranch thrift
stores will have lasting generational impact on Idaho's kids. It is for that reason,
I, Tammy de Weerd, here -- do hereby proclaim October 8th as Everyone Shops
Day here in the City of Meridian and I urge all of you -- all of our citizens to join
with us in shopping at Idaho Youth Ranch thrift stores to provide promising
futures for the most vulnerable kids in Meridian and Idaho as a whole state. So, I
thank you again for being here. I am honored to present this proclamation to
you.
Woodworth: Well, we are very pleased about this proclamation and the Idaho
Youth Ranch has been in operation for over 60 years in Idaho and we have
programs and services throughout the state, including here in the Treasure
Valley, and we are working on our new ranch outside of Middleton. So, that will
be a fantasy project for the kids in this area. So, thanks again for your help in
helping our most vulnerable kids have promising futures. Thank you.
De W eerd: And if you wonder where the Idaho Youth Ranch store is, it's just two
blocks south of City Hall on Main Street.
Item 6: Consent Agenda
A. Approve Minutes of September 15, 2015 PreCouncil
Meeting
B. Approve Minutes of November 24, 2015 Regular Meeting
C. Approve Minutes of May 10, 2016 City Council Special
Joint Meeting
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October 4, 2016
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D. Approve Minutes of June 8, 2016 City Council Budget
Workshop Meeting
E. Findings of Fact, Conclusions of Law for Approval For
Silverwater South (H-2016-0082) by Trilogy Development
Located at South of E. Victory Road and West of S.
Locust Grove Road
F. Findings of Fact, Conclusions of Law for Approval for
Silverwater North (H2016-0083) by Trilogy Development
Located at South Side of E. Victory Road and West of S.
Locust Grove Road
G. Findings of Fact, Conclusions of Law for Approval for
Little Creek Subdivision (H-2016-0076) by David
Alexander Located 1470 N. Locust Grove Road
H. Findings of Fact, Conclusions of Law for Approval for
2016 City Initiated Annexation (H-2016-0093) by City of
Meridian
I. Findings of Fact, Conclusions of Law for Approval for T-
Mobile (H-20160091) by T-Mobile Located at 1855 N.
Black Cat Road
J. Finding of Facts, Conclusions of Law for Approval for
Knightsbridge Subdivision (H-2016-0088) by Schultz
Development Located 3870 E. Victory Road
K. Findings of Fact, Conclusions of Law for Approval for
Paisley Meadows (H2016-0089) by Hayden Homes Idaho,
LLC Located at 2180 East Amity Road
L. Final Order for Rainer Villas (H-2016-0107) by
Intermountain Pacific, LLC Located West of Meridian
Road and South of West Penwood Street and North of
West Corporate Drive
M. Second Addendum to Development Agreement for
Twelve Oaks(MDA-H2016-0100)with Twelve Oaks, LLC
located at 1845 W. Franklin Road, in the NE 1/4 of
Section 14, Township 3N., Range 1 W
N. Sewer Main Easement Contract with New Cavanaugh
LLC a Not-To-Exceed Amount of $1,802.00
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October 4, 2016
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O. Approval of AIA A133, A133 Exhibit A & A201
Construction Management as General Contractor
Agreements to Kreizenbeck Constructors for the “HOME
COURT MOISTURE BARRIER REPAIR” project. The
Not-To-Exceed Guaranteed Maximum Price for this
project is $48,767
P. Approval of Task Order 10626.a to J-U-B Engineers, Inc.
for the “Well 22 Water Treatment Facility” for a Not-To-
Exceed amount of $243,700.00.
Q. Police Department: Renewal and Modification
Intergovernmental Agreement Among Law Enforcement
Agencies of Ada County, Idaho for Consolidated
Records Management System (RMS)
R. Resolution No. 16-1170: A Resolution of the City of
Meridian Vacating the 5Foot Wide Property Drainage,
Utility Construction and Maintenance Easement Along
the Shared Lot Lines between Lots 2 & 3 and Lots 3 & 4,
Block 5, Gemtone Center Subdivision, No. 5.
S. Acceptance Agreement - Main Street & Fairview Avenue
Artwork: "Natives"
T. Resolution No. 16-1171: Resolution Signifying City's
Final Acceptance of Main Street & Fairview Avenue
Artwork "Natives" by C.J. Rench
De Weerd: Okay. Item No. 6 is our Consent Agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: As stated earlier, Consent Agenda Item R, the resolution number is
16-1170 and Item T, resolution number is 16-1171. With that I move we approve
the agenda -- or the Consent Agenda as published.
Borton: Second.
De Weerd: I have a motion and a second to approve the Consent Agenda as
printed. Mr. Clerk, will you, please, call roll.
Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little
Roberts, yea.
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October 4, 2016
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De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 7: Items Moved From the Consent Agenda
De Weerd: There were no items moved from the Consent Agenda.
Item 8: Community Items/Presentations
A. Hometown Hero Award Presented to Jaxson, the Fire
Dog
De Weerd: So, we will move right to 8-A, which is our Hometown Hero and I will
ask the chief to -- the chief and whomever to join me at the podium and, then, we
will ask our special guest to join us as well. And Todd and Mikaela and the pug.
So, I will say this is a first for the City of Meridian, to recognized not a person, but
a four-legged hero and it certainly is a moving story and it's a story that I will let
the chief say, but, Todd, do you want to come up here with Jaxson.
Niemeyer: Madam Mayor, Members of Council, as you may have heard by now,
it's been pretty widely publicized so far -- on August 29th about 10:00 o'clock
p.m. our Chief Financial Officer Todd Lavoie was at his house and his dog
Jaxson started acting funny and if all of you -- any of you have dogs you know
how they act and what's normal and what's not normal and in talking to Todd he
said I didn't know why the dog was acting so abnormal, but he was and he ended
up alerting Todd to a potential fire that they were having in an outlet. Jaxson
either sniffed it or caught sight of it or had a sixth sense. Most of us use smoke
detectors. Todd uses Jaxson. So, we were notified. That was my first question.
You did call us; right? He did call us out and, yes, our crew came out to assist
him, but, truly, Jaxson notified and Todd was able to put some dry chem to the --
to the outlet and stop that fire from going up into the walls and putting our crews
to work big time. So, that's the backstory. I'm going to turn it back over to the
Mayor for the presentation, then, I'm sure we would love to hear from Todd and
from Jaxson if he wants to say a few words.
De Weerd: Now we know how to get the media out, just have a dog story. Okay.
This -- this is a plaque. We have some fire department gifts that are dog
appropriate and as well some really nice little nibbles for Jaxson to -- I'm sure he
won't share with his parents. This is a Home Town Hero Award presented to
Meridian residents or pets who perform selfless acts of heroism, going above and
beyond the call of duty and service to others in our community without regard or
attention to personal gain. This is presented the 4th day October to Jaxson the
Pug in recognition of his quick thinking and selfless actions to protect his family.
So, Jaxson, thank you so much.
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October 4, 2016
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Lavoie: Well, Madam Mayor, first of all, I want to say thank you for the
recognition. Again, all the credit goes to Jaxson over there, the 11 year old pug.
Mikaela Sebree, my wife, you know, she brought pug -- the pug into her life 11
years ago. Mikaela obviously joined my life. So, again, we have a lot to be
thankful for for what Jaxson did that night. He does have an instinct to alarms
and so forth, so, again, Mikaela and I are very blessed for what occurred. I have
talked to the fire chief. I have talked to Captain Murry. I have talked to a few
building inspectors and they said if we had not acte d so quickly one-third of the
house would have been lost. The memories. The inventory. So, again, so much
to be thankful for. We are extremely blessed with what happened. Again,
Mayor, City Council, again, we appreciate the honor. Jaxson is going to enjoy
these. We will see if he shares it with his brother. And, then, just a little note, I
know Sparky was here, but, Sparky, you have some competition. Pugs are going
to be the new fire dog.
Niemeyer: I'm seeing some signs and I'm catching a sense here. We have Pug
for President.
De Weerd: They even have their own fan club as well. Well, let's see, I have
been Mayor for 12 years. I'm in my 13th and on Council prior to that and I have
yet to be able to honor a dog. So, this is a first. Mr. Bird, have you ever had this
honor?
Bird: Never had -- never had had it. Thank God for it though.
De Weerd: Yes. That's a unique story and we are glad to be able to share it.
Item 9: Department Reports
A. Mayor's Office: Mayor's Youth Advisory Council (MYAC)
Update
De Weerd: Under Item 9-A another ray of sunshine in our city. Our Mayor's
Youth Advisory Council and, Susannah, I'm going to turn this over to you.
Bradford: Madam Mayor, Members of the Council, my name is Susannah
Bradford. I'm the vice-chair for MYAC for this year. I will be giving a brief update
on what the council did in August and September and this is our first update of
the MYAC year. First we had an orientation meeting on August 29th. We had
over 200 students attend and we are now set at 194 students and we have a new
student joining every single week. Five of our MYACers were placed on
commissions. Lance Baumgartner on Transportation. Kayla McNay on Parks
and Rec. Taylor Farmer on Meridian Arts. Ella Kramer on Historic Preservation
and Victoria Madrigal on Solid Waste Advisory Commission. Our biggest event
this month was the Treasure Valley Youth Safety Summit on September 23rd.
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October 4, 2016
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We had over 200 students and 30 adult volunteers in attendance. We learned
the dangers of distracted driving by driving go-karts with -- and texting at the
same time. We played mini-golf with intoxicated vision goggles to learn how that
can impair our judgment and experienced bullying by playing laser tag with
uneven teams. We also had parent panels on seatbelt safety and distracted
driving from parents who have lost their children to accidents where that was
present and we did workshops with different ment ors on how to deal with the
stress of being a teenager and to cope with suicide in -- among our peer groups
at school and at home. We also had ninja training to learn how to stay safe and
to keep ourselves aware when we are out in public or we feel uncomfortable with
our surroundings and we had a general meeting on September 26th. We had
three guest speakers. Officer Gomez came to talk about suicide awareness,
addressing a recent suicide in our -- in the Treasure Valley. Dan Clark from the
Meridian Food Bank told us how we can assist our peers and our family -- peers
and families around us during the holiday season and Rocky Detwiler from
Samsung Live came to talk about suicide prevention as well. We also broke out
into subcommittees to begin planning. And -- oops. That's all we had. Are there
any questions?
De Weerd: And I think it is important to note, too, that this year for the Youth
Safety Summit we had students from youth councils from Notus, Middleton,
Eagle, Nampa, Caldwell and from Boise -- and, of course, Meridian. So, they
really reached out to try and engage some of the kids from the surrounding
communities. Oh. And I forgot Kuna as well. So, it was really nice. One other
thing that we really expanded on is breaking into schools to have discussions
after hearing the -- the various subject matter speakers and kind of apply through
play some of what they heard is to convene into their school groups and have
discussions about issues facing their school and possible solutions that they can
bring back. So, it wasn't just a day of some very weighty subjects and play , it
was trying to bring solutions back and identify them for further discussion as they
went back to their own schools. And our leaders are phenomenal. I think that is
certainly one of the reasons you see the interest from other kids are their teams
and learning some of these leadership opportunities and an engaging in
whatever they have a passion for, whether it's planning events, community
service or advocacy and policy, as they do have those opportunities and I'm very
proud of our executive officers this year. They are on top of things. It's going to
-- you're going to have your socks knocked off every single month with their
reports. I have no doubt. So, any questions?
Cavener: Madam Mayor?
De Weerd: The man in the pink.
Cavener: Man in the pink. Susannah, thanks for your presentation. We are
excited to hear from you. Can you maybe share with the Council what s chool
you attend, what year you are in school, and why you decided to join MYAC.
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October 4, 2016
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Bradford: Yes. I am a senior at Rocky Mountain High School and I have been in
MYAC all four years of high school and I joined because I went to the Treasure
Valley Youth Safety Summit in eighth grade. I snuck in with all the high
schoolers. And it was so much fun and I thought it was just awesome and I love
being able to have my own say in the community and be involved in more than
just what I do at school or what I do with my church. I like being able to come
here every week and have that little something different than what most people
do.
Cavener: Great job.
De Weerd: And I will say that they are busy planning the upcoming trunk or treat
and you'll have a couple of new things that are in addition to the many trunks that
we usually have sign up. All of the sponsor spots are taken. They will be
opening it up to food trucks this year. So, kids can actually have dinner and the
dinner is not the candy in their bags. So, that's going to be a phenomenal event
as well. So, they are already up and running and organizing some pretty
amazing things. So, if there is nothing further from Council, thank you,
Susannah, for joining us --
Bradford: Thank you.
De Weerd: -- and sharing your report.
B. Legal Department: Waiver of City Purchasing Policy
Regarding Disposal of Property
De Weerd: 9-B is under our Legal Department. I will turn this over to Mr. Nary.
Nary: Thank you, Madam Mayor, Members of the Council. I apologize for not
bringing you a slide, but there is a -- there is a memo in your packet regarding
this request. About a month ago Walmart, the store that's located at Ten Mile
and McMillan, contacted Community Development, because they have a new
program there, they have a pick up program and they want to build a building on
the south side of their building immediately attached to the store for use for this
new pick up service. I had a conversation with Mr. Freckleton and Dinae
Edwards from Community Development, because there is some city public
infrastructure, the sewer line that's under the -- under the parking lot adjacent to
the building, but not under the building, that the city owns and the city has an
easement to that location to be able to service that l ine if it's needed. That was
built as part of the development process. It's fairly common. It's built by the
property owners and donated back to the city for the long-term maintenance and
repair of that line for the future and we do not allow building s to be built over the
top of that. Walmart asked is there any way that we could find in our policy or the
statue to allow them to turn that to a private line, return it back to Walmart and
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October 4, 2016
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allow them to maintain it in the future. In reviewing the state code and our city
policy, it's a fairly unique circumstance. I think Mr. Freckleton had said no one
had ever asked for something like this before. Normally if we abandon sewer line
it's because we don't need them anymore. We don't normally turn them back into
private lines. But the state code is silent on this type of transaction and
relinquishment of property. Our city policy has an ability for you as the Council to
waive selling the property and, essentially, returning it back to the property
owner. W e are going to look in the future for maybe some policy changes
because of this request, but at this particular point they are asking us to
relinquish a portion of the city's public infrastructure. You can wave that. You
don't have to require it be sold. We don't have to auction it. We can just return it
to them based on their request that's in your packet. The store manager is here
if you have any other specific questions or anything I might have left out and,
then, there is a resolution as an action item that you would, essentially, grant that
request. We would relinquish that. We will get a -- we already have all the legal
descriptions of the property and, then, they would get an acknowledgment from
Walmart they have received it back and they will maintain it in perpetuity. We
will bring you a vacation of the easement . I saw an e-mail the other day. That
should be a fairly simple process to do that. But they can get started on their
building as soon as they give us the acknowledgement that they have accepted
this pipe back. Did I miss anything, Bruce?
Freckleton: I think you got it covered well.
Nary: Okay. Thank you.
De Weerd: Council, any questions for Bruce or Bill or the representative from
Walmart?
Bird: I have none.
C. Resolution No. 16-1172: A Resolution of the City Council
of the City of Meridian, Granting a Waiver of the City's
Purchasing Policy in Regards to the Disposal of
Property Regarding the Request of the Property Owner,
Wal-Mart, to Relinquish Ownership of Specific Public
Infrastructure Located on the Property at Ten Mile and
McMillan.
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: Seeing none, I move that we approve resolution number 16-1172.
Bird: Second.
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October 4, 2016
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De Weerd: I have a motion and a second to approve Item 9-C. Any discussion
from Council? Mr. Clerk, will you all 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.
Item 10: Action Items
A. Public Hearing for Blakeslee Commons Subdivision (H-
2016-0066) by Global Senior Housing, LLC Located
South Side of E. Ustick Road Between N. Locust Grove
Road and N. Eagle Road
1. Request: Annexation and Zoning of 12.01 Acres
from RUT in Ada County to the R-15 (Medium-High
Density Residential) Zoning District
2. Request: Preliminary Plat Consisting of Seventy-
Four (74) Single Family Residential Lots and
Twelve (12) Common Lots on Approximately 12.01
Acres in the Proposed R-15 Zoning District
De Weerd: Before I move to Item 10 under Action Items, I thought I would give
maybe Councilman Cavener an opportunity to talk about his -- this is typical --
Cavener: Wardrobe?
De Weerd: -- wardrobe.
Milam: That is.
De Weerd: No.
Cavener: Well, Madam Mayor, thank you. I wasn't expecting to speak on this,
but I do look a little out of place. I'm fortunate enough, along with Chief Niemeyer
and Chief Lavey to be part of the American Cancer Society's Real Men Wear
Pink Campaign. There are 20 men throughout the Treasure Valley that are
committed to wearing pink every day through the month of October. I'd like to
specifically thank Councilman Borton and Gordon Lakey for sponsoring me
tonight with some of my wonderful fashionable accessories, such as this scarf,
handkerchief, and sunglasses.
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October 4, 2016
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De Weerd: So, we can blame Councilman Borton.
Cavener: Yes. Very much so. He's proud to take the blame for that. So, you
know, the American Cancer Society talks about that we are all one degree away
from cancer and it's touched my life. I lost my aunt to breast cancer six years
ago. I have an aunt that is a two-time survivor and every day I find myself
meeting people that are in the fight and are survivors and so to spend a month
wearing pink to bring a little awareness, it's the least that I could do. I'm honored
to be a part of it. I'm proud that the fire chief and the police chief have joined me
in this. We are all raising funds. So, if you have got a couple of extra shekels I'm
sure any one of the three of us would appreciate that for this campaign as well .
De Weerd: Yes. But if you give it to Chief Lavey he has raffle tickets. You can
win prizes and so -- hold onto your dollars. There are some incentives there.
Cavener: Lots of opportunities to participate. Thank you, Madam Mayor. I
appreciate that.
De Weerd: Thank you for sharing that. I will go ahead and move to Item 10-A.
Council, I will open the public hearing for H-2016-0066 and I will apologize to
anyone who might be here for this item . The property wasn't posted
appropriately and so this needs to continue to October 18th , so the applicant can
post the property per our requirements. So, I would need a motion to continue
this to October 18th.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we continue H-2016-0066 to October 18th, 2016.
Milam: Second.
Bird: I have a motion and a second to continue Item 10-A to October 18th. All
those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
B. Public Hearing Continued from September 27, 2016 for
Hill's Century Farm Commercial (H-2016-0092) by Martin
Hill Located 3625 E. Amity Road
Meridian City Council
October 4, 2016
Page 14 of 43
1. Request: Preliminary Plat Approval Consisting of
Twenty (20) Building Lots on 19.73 Acres of Land
in a C-N Zoning District
2. Request: Modification to the Development
Agreement to Include a Detailed Site Plan and
Modification of Certain Provisions
De Weerd: Item 10-B is a public hearing continued from September 27th on H-
2016-0092. I will ask for staff comments at this time.
Allen: Thank you, Madam Mayor, Members of the Council. The first application
before you tonight is a request for a preliminary plat and development agreement
modification. This site consists of 19.73 acres of land. It's zoned C-N and R-8
and it's located at 3625 East Amity Road at the southwest corner of Eas t Amity
Road and South Howry Lane. The Comprehensive Plan future land use map
designation for this site is mixed-use neighborhood. The applicant requests a
modification to the development agreement to include a detailed site plan and
modification of certain provisions of the agreement. The existing development
agreement includes a conceptual bubble plan , as shown on the left, for the
mixed-use designated area that lists future possible uses and no site details. A
detailed site plan was required to be submitted and approved prior to a plat
application being submitted and any development occurring be yond the school,
YMCA, and park site to ensure development is consistent with the objectives and
vision of the mixed-use neighborhood designation. A detailed plan shown on the
right there for the first phase of development is proposed , which includes a
medical clinic at the northeast corner of the site, with an assisted living facility
immediately to the west. Details are not depicted for the remaining area . The
applicant anticipates many of the proposed building lots will be consolidated as
users are determined in the future and has included a list of possible uses in the
application. All allowed uses in the mixed use neighborhood designation and
requests the development agreement not be required to be modified again in the
future to include a detailed site plan . To ensure the site layout is consistent with
that desired in mixed-use neighborhood designated areas, staff recommends the
development agreement is still required to be modified in the future to include a
detailed site plan for the remaining area . Conceptual building elevations were
submitted for future retail, office, and professional services buildings and the
assisted living memory care facility as shown. All structures are required to
comply with the design standards listed in the architectural standards manual . A
preliminary plat is proposed consisting of 20 building lots and two common area
lots on 19.73 acres of land in a C-N zoning district. The preliminary plat is shown
there on your right. The boundary of the plat does not include all of the area
included in parcel two, which is shown on the record of survey on the left. A 171
foot wide strip of land, zoned R-8, along the west boundary shown in red there is
not included. Because this will create a remnant parcel that's not legal to build
on, staff recommends this area is included in the plat. This area may still be
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October 4, 2016
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included in the preliminary plat with the rest of the residential property to the west
in the future. That is the applicant's intention to do down the road. A driveway
access is proposed via East Amity Road and another driveway access is
proposed via South Hillsdale Avenue, future collector street. A local street,
South Tavistock Way, is also proposed via Amity and that is the -- the one you
see right here going north-south. And a local street, East Hill Park Street, that's
the east-west one here along the south boundary of the site, is proposed via
South Hillsdale Avenue. Because the UDC requires access to be provided by a
local street when available, the proposed direct lot accesses via Amity and
Hillsdale require Council approval of a waiver. A cross-access ingress-egress
easement is required between lots in the proposed subdivision. A 25 foot wide
landscape street buffer is required along Amity and a 20 -- excuse me -- 20 foot
wide buffer is required along Hillsdale with a ten foot buffer required along
Tavistock and Hill Park. The Commission recommended approval of the
preliminary plat application at their public hearing. Mike Wardle, Brighton
Corporation, the applicant's representative, testified in favor. No one testified in
opposition or commented and written testimony was received from Mike Wardle
in response to the staff report. Key issues of discussion by the Commission was
the creation of a remnant parcel by not including the western R-8 zoned portion
in the plat and revised conditions to Section 2 in Exhibit B as requested by the
applicant. Commission changes to the staff recommendations are as follows : At
staff's request a condition was added for on-street parking to be provided on the
south side of East Hill Park Street adjacent to the park and a modification to
conditions numbered 2.2-3, 2.2-9, and 2.2-11 as requested by the applicant and
agreed upon my staff. Staff was not in favor of modifying condition number 2.1.1
as requested by the applicant. Outstanding issues for Council is the waiver as
requested to UDC 11-3A3 for access via Amity Road, an arterial street, and
South Hillsdale Avenue, a future collector street. Written testimony since the
Commission hearing was received today from Mike Wardle, the applicant's
representative. You should have a letter from him dated October 4th . I will go
through the requested changes he has that staff is in agreement with and I will let
the applicant cover those that staff is not in agreement with and staff will be
available to answer any questions or comment on th ose changes after the
applicant's presentation. The first changes are in Exhibit A.5, proposed
modifications to the existing development agreement. 5.1A. Staff is in
agreement with the applicant's requested change. Staff is also in agreement with
the requested change to 5.1E and 5.1I. In Exhibit B, the conditions of approval in
the staff report, 2.2.3, staff is in agreement with this condition. We have changed
that condition effective October 1st as a result of discussions in the development
services advisory committee. And 2.2.9, staff is not in agreement with the
applicant's changes. However, staff does support replacing this condition in its
entirety with the following language: All improvements related to public life,
safety, and health shall be completed prior to occupancy of the structures.
Where approved by the city engineer an owner may post a performance surety
for such improvements in order to obtain city engineer signature on the final plat
as set forth in UDC 11-5C-3B. And condition number 2.2.11, basically same
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October 4, 2016
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thing. Staff is not in agreement with the applicant's requested changes.
However, we do support the following language . In the event that an applicant
and/or owner cannot complete non-life safety and non-health improvements prior
to city engineer signature on the final plat, and/or prior to occupancy, a surety
agreement may be approved as set forth in UDC 11-5C-3C. These last two
conditions were needing to be revised. They weren't entirely per they UDC
standards, so that's why staff has agreed to change that condition and I think it
meets the intent of what the applicant was wanting also, hopefully. So, staff will
stand for any questions.
De Weerd: Thank you. Council, any questions at this point?
Bird: I have none, Mayor.
De Weerd: Okay. Would the applicant like to make comment? Good evening.
If you will, please, state your name and address for the record.
Wardle: Thank you, Madam Mayor. Mike Wardle. Brighton Corporation. 12601
West Explorer Drive in Boise. I just want to assure you that this is probably not
as complex as the paper would suggest. I appreciate staff's clarifying issues as
they have gone through those same conditions and I'm going to discuss those in
a few minutes and cite the agreement that we have with them, a couple of items
that we consider more of a -- just a potential for confusion in the future, but a
couple of major items that we will ask the Council to consider. The first slide up,
actually, shows the DA bubble plan that was submitted with the application when
annexation and zoning was achieved last year. The next one is looking to the
south from Amity Road being at the foreground back toward the improved areas.
It shows that the zoning of the C-N to the left -- to the left of that, which is on the
east side of the property. The R-8 zoning to the right with the elementary school
Hillsdale already in session at the upper left and, then, of course, Hill Century
Farm Subdivision that's well underway beyond the property. I would just note
that in the future the area zoned R-8 will be coming forward with residential
applications that will have some additional higher -density elements to them,
some different types of offerings than we find in our Century Farms Subdivision
to the south. I was told that it might freeze up. Again, just for a little bit more
clarity, again, looking from Amity Road to the south, the site to the left for the
commercial application, the YMCA soon to be commenced just adjacent to the
elementary school. The city park also forthcoming and, then, the R-8 zone and I
would just note that we are going to be talking about -- I think we have actually
addressed it with the staff the concurrence with the language , but Marty and
Dixie Hill's home is in that -- that upper area adjacent to the future park, also
within the R-8 zone. Just continue on and get these -- Madam Mayor, you will be
pleased when you look at this item to see that Hill Park Street, an east-west
street, runs basically along the entire frontage of the park. Certainly an interest
that you had when we first brought this annexation forward last year and through
the planning process it became obvious that that creates a good separation
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October 4, 2016
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between the public uses to the south and the commercial uses to the north.
Again, showing the existing -- or the proposed uses that we have defined thus far
on the project and just for clarity, this is what the commercial area will be facing
with the park to the left, the YMCA adjacent to the elementary school, kind of the
upper right of this. Of course, the extension of the street fronting the school
currently up to Amity Road. Staff noted that there are several waivers associated
with the request and I would note that the highway district has approved all of the
street intersection locations, as well as the two red arrowed access points, one to
-- from Amity Road to the assisted living complex proposed there in the middle of
the project and one about midway between Amity and Hill Park Street that will
serve the clinic on the northeast corner of the property. Probably the biggest
issue that we have that we will talk about in a few minutes with regard to the
conditions relates to what happens on the surrounding properties. West Ada
School District owns the 40 acres to the north -- north of Amity and there has
been I believe -- well, in fact, I know that there have been considerations for a
future high school. I have seen some site plan concepts for that of some time
back. There is no timetable. Probably no guarantee that, in fact, that it will
happen, but I believe that's -- it is something that they anticipate in the future.
So, it gets back to the question that relates to, then, the final slide and probably
the big issue and that's the water main condition 2.1.1. The solid red lines are
the system that we proposed in the conceptual engineering design that was
submitted with the application. Staff has reviewed and re-reviewed this and we
have had a number of discussions. The system as proposed works. There is fire
flow even at the north end of the stub on the east side at Amity. There will be, of
course, in the future as we develop these parcels cross-connections internal to
the property that will create even additional looping. What we are simply
concerned with is that because the system works as proposed and because the
service to the north is uncertain and it could well be that if a high school is
constructed that they would take two points of connection and I would note that
the -- the upper left corner of this the number 12 in goldenrod is, actually, an
existing water main that terminates at about that point. They would very likely
take access from that point and, then, the extension of the one on the east and
loop it through their system, rather than taking just -- I guess service from Amity
frontage. One of the concerns that we have is if we put in that water main on
Amity, there is no cost recovery possibility for us for putting in that line that ,
frankly, this project doesn't need at this point. That's -- that will be probably the --
the Solomon-like decision that the Council will get to make this evening. So, let
me just quickly go through, then, the applicant respond items and the conditions
and I'm going to note concurrence -- if you want to just cross some of these off,
so that we don't spend time looking at those in detail, but as you go through 5.1A,
staff has as noted agreement with that. We have no issue. I'm going to -- staff
noted that they did not agree with our proposal for 5.1B, but they give an
explanation that I believe satisfies our concern . So, I'm going to suggest that we
have no issue with 5.1B as proposed. Staff has also agreed with the language
proposal in 5.1E. G is probably the concern, because when you look at the slide
on the screen currently you can see that there are a number of lots -- parcels
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October 4, 2016
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that Sonya noted may be consolidated in the future when we have users come
forward, but it also suggests that we could be back in front of you many times
every time that -- if they went into smaller uses, each time we would have to
come back with a DA modification. We can't necessarily out guess all of it in the
future, we could possibly, you know, do a bit more, but our concern is that it
seems I guess just a matter of redundancy of the many times that we might have
to come back to deal with this. So, what we had proposed in the language is that
using the sample uses from the MUN land-use designation from the
Comprehensive Plan, which are on page two at the top of the page there in red,
we were simply suggesting that if the uses that come forward are consistent with
those, that we would not have to come back each and every time . I think we
need to have a little bit more discussion with that and would look forward to your
comments on it before a decision is made . The next three items which fall under
G are noted as discretionary. Staff has stated that these are items for
consideration. They are not mandated. However, it kind of gives you the
impression that some things would need to occur and I guess the first one,
Roman numeral small I, is that we would have to create some type of a common
use area, such as a plaza or green space within this area that faces a city park
and a YMCA, which, essentially, are public open space, seems to be
unnecessary. Roman numeral II-i, the transitional uses and landscape buffering
adjacent to or between the commercial and existing lower medium density
residential developments -- and there are none. So, again, it's discretionary, but
it -- since there are none at this point it would seem that having that as an item
could be a fall back to create additional uncertainty in the future. And, then, the
-- the last one of those three, the Xii, talks about the size of buildings and, again,
this is a discretionary item, but we note that already the school, the YMCA, the
proposed assisted living and the clinic, would all exceed that and they are uses
that are appropriate, they are not uses that I think the city or the community or
that area would find overwhelming or offensive. So, it just seemed that it would
be reasonable to relieve that discretionary statement, so that we don't end up,
again, with any confusion in the future on what would or would not be allowa ble.
And, then, I, the last item in 5.1, staff had already made that proposed change.
The Planning Commission recommended we concur with that one. Going, then,
to the planning division site specific conditions, this is one that, again, relates to
the area to the west of the north-south street Tavistock. It's the area that's
already zoned R-8 and includes the older structure adjacent to Amity Road and it
can be included in the preliminary plan. There is really no reason we couldn't.
But it will never be final platted with his project. So, you will have a drawing in
the file that will show a parcel that will not come to be until the R -8 development
application, including that parcel, comes forward to you hopefully within a few
months, certainly within the next year. So, it can be included. I think it will be
confusing. That would be your call. So, that would relate to condition 1.1.1A and
B. Going to the next page, page three, E at the top actually relates to the waiver
for the access points that are proposed to Amity and to Hillsdale Avenue to the
east. The landscape -- excuse me -- the next item, 1.1.2, again, the first item
relates to that parcel to the west in the R-8 zone that we suggest not be included
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October 4, 2016
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in this preliminary plat. And, then, the next two items, 1.1.2B and, then, the
general condition of approval 1.2.2, both relate again to the waiver and if the
Council concurs with the approval that ACHD has given us to those waivers,
those all go away. Which now brings us really to the big issue and that is the
request that we propose to remove the statement concerning the 12 inch water
main along the Amity Road frontage. Again, it gets -- it gets simply back to the
point that it is not necessary for this project. It anticipates something in the future
that may not end up being the actual points of access that the school district
would require, so we request that it be stricken as noted that -- and it's just a
simple decision perhaps. And the last items there under general conditions of
approval, I believe everything that the staff has noted we are in concurrence with
all of those items, including the language -- wording changes that have been
proposed for 2.2.9, 2.2.11. So, Madam Mayor, Council Members, I hope that
adds a bit of clarity, but it really boils down to do we have a way not to have to
come back for many DA modifications in the future and do we need to install that
water main in Amity, when, in fact, the system works as proposed. I would be
happy to answer your questions. We have others in the audience. Mr. Turnbull
is here to assist in answering some of those if need be .
De Weerd: Council, anything?
Bird: I have none at this time.
De Weerd: None at this time. Thank you, Mike.
Wardle: Thank you.
De Weerd: This is a public hearing on Item 10-B. Is there any member of the
public who would like to offer testimony on this item? Staff, did you have
anything further?
Allen: Madam Mayor, Council, staff can certainly respond to any of the
requested changes by the applicant if you would like further information or
clarification. Staff's response to the applicant's request and modifications are
noted in your hearing outline. Staff is willing to go over those.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I see we got -- Mr. Turnbull is going to -- so, I will hold my question for staff.
Turnbull: Good evening, Madam Mayor, is it appropriate that I speak at this
time? I just want to amplify something that Mike touched on, which was the
requirement -- this is really small print. I think it's regarding the requirement to
have some common area open space . You know, this is really kind of an
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October 4, 2016
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interesting one, since this is -- this is Marty Hill's property we are talking about
here and as noted Marty has already -- and Brighton has already dedicated
substantial open space to the south of this for a YMCA, for a school, and, then, to
come in with a sort of sub application to the entire area and be required to
provide additional common area open space seems sort of silly to me. So, we
would definitely want -- I just wanted to emphasize that, so it doesn't get lost.
There is so many items we are talking about here that I didn't want that to get
lost. The other item I would just amplify on that Mike touched on regarding that
water line in Amity. I don't think you necessarily need to make that decision,
other than to let us work with staff and if need be we can come back, but if a high
school goes across the site we would be building a line in Amity Road that, you
know, essentially, they -- we will -- they will have and we will be providing 12 inch
water mains to both their west and east property lines and, you know, typically if
you're building a high school, then, you're going to tap on those and move them
through your entire system with another 12 inch main that would provide fire flow
for their entire campus. So, the line that would be existing in Amity Road may
well be a redundant one that would be, you know, possibly never tapped at all.
So, we just don't want to incur expense unnecessarily and that's what our point is
there. So, if you have any other questions for me I could -- I would clarify that the
clinic that's been mentioned is it -- it's a St. Luke's clinic. We are working with
them and Hummel Architects and, then, the assisted-living is a Veranda property
that you have already seen under construction in Paramount Subdivision. So,
those are the two uses that are going forward first. The rest of them -- the rest of
the site we anticipate there to be a heavy concentration of other medical uses as
well, professional offices and those kind of things. So, if you have any questions
in that regard I would be happy to answer them.
De Weerd: Thank you. Council, any questions for David?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I have got a question for -- I got a question for Warren. Regarding the
water line. That isn't a sewer line going in there either? It's just water?
Stewart: Madam Mayor, Members of the Council, Councilman Bird, that's
correct. It is -- it is a water line. I actually have prepared some comments with
regard to this issue, because we knew that it was likely to come up tonight, so I
would love to have the opportunity to -- and I know Bruce has got a few
comments on this as well. So, with your permission I would be happy to share
that information with you. So, the water system master plan is our guiding
document in the City of Meridian for the installation of water --
De Weerd: Warren, can you pull that a little closer.
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October 4, 2016
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Stewart: Sure. The water system master plan is the guiding document for the
water -- the construction of our water infrastructure throughout the City of
Meridian and it helps us to address growth and development. The city has also
adopted ordinances, policies, and practices that help with the implementation
and application of our master plan over -- for over a decade, longer than I have
been here at the City of Meridian, the city has been guided by the model that
growth pays for growth. To that end anytime new development is proposed the
developer has been required to install the primary or master planned
infrastructure that supports or fronts the proposed development. This practice
has worked very well and has allowed the city to develop a robust distribution
system that has kept pace with growth and fire protection. The current water
master plan recommends the installation of a 12 inch main on section line roads
to serve as the primary or backbone infrastructure for the city's water system .
Amity Road is a section line road and serves as a primary water distribution
corridor for the areas along its route . This phase of the proposed Century Hill
Farm development fronts Amity Road for over a thousand feet. Therefore, in
accordance with our master plan, our ordinances, and our practices for more
than a decade, staff has placed a condition on this development to install 12 inch
water main along its frontage with Amity Road, just as we have done hundreds of
other times. The applicant, Brighton Corporation, is requesting that Council wave
this requirement because they feel the line is not absolutely necessary to serve
their development and, therefore, should be borne by the school district property
to the north. Although the subject 12 inch water main may not be critical to the
proposed Brighton development, it will certainly strengthen their water system
and it's important to note that the exact size of the buildings in this development
and their fire flow requirement is not set in stone and may change based on what
size and type of building goes in. Although Brighton's request to remove the
condition to build the 12 inch line in Amity Road may save them some money in
this case, it could be, in my opinion, a bit shortsighted. The requirement to build
master planned water lines along frontage -- of the frontage of developments will
benefit future developments along this corridor as often as it will not and I would
point out that the 12 inch water line that's highlighted in yellow was installed in
Amity Road because of this policy and would not be there if it was n't. They have
benefited from this same practice in the past. The City Council -- if the City
Council allows this exception it will certainly not be the last request of its kind . It
will open the door for others to make similar requests . The likely result will be
gaps in our primary infrastructure, increased costs to the city -- to the city to
install mains in these gaps or impediments to future growth and development.
The strength and integrity of our water system will be diminished. And I would --
we talked tonight on a couple of occasions about the fact that it may not be
necessary for Brighton's development and about how it would impact or not the
high school property across the street, but I would also point out that there are
existing parcels to the east of Brighton's development, both on the north and the
south side of Amity Road who may be looking to develop their ground and if they
want to do that ahead of the high school's development, they would be -- it would
be a serious impediment to them. There would be over a thousand feet of water
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October 4, 2016
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infrastructure that they would have to build in order to get there . So, I think --
although this seems like an added cost at this time , because of this I think
Brighton Corporation and other developers have benefited by this policy,
because it is required infrastructure to be brought to their property lines as well
and so we simply ask you to consider those points as you deliberate on this
tonight. And I think Bruce may also have a couple comments.
Freckleton: Thanks, Warren. Madam Mayor, Members of the Council, much of
what I had written kind of reiterates what Warre n was saying. We as staff are
strongly opposed to this waiver request. As it's been stated, the developer is
asking for a waiver from the requirement to construct a 12 inch water main in
Amity Road. However, the City of Meridian's master plan requires that 12 inch
water main on a half-mile grid. These main -- main lines on the grid are critically
important for the backbone of our hydraulic network for distribution. The grid
main lines follow the collector arterial roadway n etwork across the city for the
mainline network -- or main mile network and, then, 12 inch main generally follow
roadway networks at the mid mile. It is not the policy the City of Meridian to allow
main lines that extend off the grid, as is being proposed, and, then, return back to
the grid, as has been stated, to satisfy the master plan requirement. However,
those internal looped water systems are important for the delivery of domestic
water supply and fire protection, as well as they provide redundancy to help
protect the consumer from water outages. As you know, the majority of the city's
water and sewer infrastructure is development driven and developer installed.
When development occurs, as Warren said, we impose Meridian City Code to
require the extension of water, sewer, and when applicable recycled water
systems. In your -- in your document that Sonya handed out to you in the
beginning of the meeting, I put in a section of Meridian City Code -- Meridian
Code 9-1-11, which covers this -- this requirement. I guess in closing the
developer is proposing that this section of water main be required for future -- or
required of future development projects north of Amity Road , i.e., the future West
Ada School District's high school parcel. It is our opinion that if this water -- if this
water main waiver is granted, this section of main line will ultimately be needed
and, therefore, the burden will be on the Meridian ratepayers if the city has to
install it or Meridian School District patrons. In this case development would not
be paying for growth.
Bird: Thank you.
Freckleton: And I think Kyle had something to add as well.
Radek: Bruce. Stewart. Madam Mayor, Council Members, I -- I don't have
much to add to that. They covered pretty much all the bases. The only one thing
I would say is if I were the developer I wouldn't want to have a 500 foot 12 inch
dead end serving my assisted living facility either. I think this -- this policy that is
grounded in the code, in the master plan, in design standards is appropriate and
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October 4, 2016
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will benefit that -- that development, as well as the future developments that are
going to be in the area. Thank you.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I got a couple of questions for staff . A mile up was the water supply to the
south end of what I call Tuscany -- I don't think that's the subdivision out there,
but whatever that is at the south end of Tuscany -- was that supplied by water in
Amity? Did it -- did the line run up through -- between Locust Grove and Eagle
Road on the south side of Amity? Is that how -- is that what is supplying the
water to the north there? To the south end of the subdivision?
Freckleton: Madam Mayor, Councilman Bird, the -- I'm not exactly sure when the
water main was extended out Eagle Road, but it served the LDS church that's
south of Amity. The Diamond View assisted living facility that's on the north side
of Amity just west of this site, they were responsible for the main line extension
from Eagle Road up to the point on this map that is shown with the goldenrod 12
inch. They needed that water main to be able to supply fire flow for that assisted
care facility.
Bird: Okay. I got a second question, Madam Mayor. Okay. Then -- then my
second is that 40 acres that we are talking about to the north, this is -- this is the
way -- this is the only way we can get water to it? It won't be coming in from the
north down as those -- as the subdivisions go in north of that or west of it?
Stewart: Madam Mayor, Members of the Council, Councilman Bird, the high
school would be primarily served off of this main off of Amity Road . There is a
main that was installed with Diamond View assisted living, although it's just an
eight inch main, it also comes back from the south and runs along the westerly
side of the school district's property. It's actually not on their property. I believe
it's on the adjacent property, but they may be able to get access to that.
Bird: Thank you, guys.
De Weerd: Any other questions from Council?
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: Question for Bruce or Warren or Kyle. Have -- have we encountered a
situation like this before in previous councils, dealt with this type of a request and
what, if anything, has occurred and what, if anything, has been the result?
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Stewart: Madam Mayor, Members of the Council, Councilman Cavener, the only
one that comes to mind that we have ever allowed in the past was a few years
ago W.H. Moore requested a waiver of a sewer line requirement along the
western boundary of the Redtail development and that was granted and we, as a
city right now, are in the process of designing that sewer line as part of the south
Meridian extension and I just asked the developer -- or not the developer, but our
engineer today for the estimated cost associated with just that section of the line
that would have been required by W.H. Moore, because I thought this question
might come up and so he e-mailed me back that is costing the city over 200,000
dollars to install that piece of line, which will happen this year, so --
Cavener: Thank you.
De Weerd: Mr. Turnbull.
Turnbull: May I put an end to this. I apologize --
De Weerd: Restate your name for the record.
Turnbull: David Turnbull. I don't -- I didn't give you my name -- address last
time. David Turnbull. 12601 West Explorer Drive, Boise. I apologize, I just
came back into town after several weeks out and was able to review -- I'm still on
jet lag right now, so I apologize. I was able to review with Mike. We have an
alternative to me -- we can go ahead and do this. We will reroute it internally, so
it won't be as significant a burden. I would say this, though. It would be nice if
the city had some way of having some latecomer agreements or something like
that, so that when we are installing a line that fronts somebody else's property or
provides services to somebody else's property, we get a little bit weary of
extending a lot of lines and having other people tap on and just, you know, riding
on your coattails. So, if the city could work on a policy like that that would help
share the burden that would be much appreciated. So, we are okay with the
condition as it is. Thank you.
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: I have a question for staff regarding 1-G. So, have we -- this is kind of
like just giving them a blank slate and has that -- is that something we have done
before?
Allen: Madam Mayor, Councilman Milam, Councilmen, no, to answer your
question. Typically when a property is annexed we require some kind of
conceptual development plan. If they don't know at the time we typically
condition them to come back and modify the development agreement to include
a concept plan and this is to ensure that the vision of the Comprehensive Plan is
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October 4, 2016
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carried out in the future, because once they get the zoning they can simply
develop according to the zoning district regulations. There is nothing that
requires them to comply with the standards for the Comprehensive Plan. In this
case a mixed-use neighborhood development, there are certain design aspects
of that type of designated area that are covered in the comp plan that aren't in
the zoning ordinance. So, that's the reason. And we like to see a development
come in that is cohesive, you know, in a larger form, rather than piecemeal. That
doesn't always happen. We can't always have that happen. But this is an
attempt to get a look at it conceptually before it comes in for detailed approval .
Milam: Thank you.
De Weerd: Any other questions from Council?
Borton: Yeah. Madam Mayor?
De Weerd: Mr. Borton.
Borton: Is there an example -- when I hear the -- and we are looking at the
proposed condition back on 5.1G -- that speaks to the ability to control the
commercial objective of the DA, the same purpose that you have described to
the CZC process, so long as the use conforms to the sample uses in a mixed-
use neighborhood and the permitted and conditional -- and the conditional uses
cited in the UDC, is there an example that their proposed language still doesn't
capture that you're concerned about?
Allen: Madam Mayor, Council, Councilman Borton, yes, they are just asking to
not have to come back with a conceptual development plan for Council approval .
That would leave it at staff level decision and that -- like I said, it doesn't -- it
doesn't make them -- or it doesn't bring the issue about at a public hearing before
the Council so far as development of the area and its consistency with the comp
plan.
Borton: Okay. Madam Mayor?
De Weerd: Mr. Borton.
Borton: The other question -- and this might be for Mike or David -- was -- this is
2.2.9 and .11. Staff in their report disagreed with the proposed language from
the applicant, but gave some alternative language. I'm curious the applicant's
comment on what the staff presented tonight with regard to those two, .9 and .11.
Wardle: Madam Mayor, Councilman Borton, I did note that we agree with the
revised language of staff. What we are trying to do is -- there are just a couple of
issues that sometimes get us into a little bit of uncertainty and so I think this
addresses. These were not major items, but just -- I think it gets us there. Let
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October 4, 2016
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me just note the comment that you're -- the question you just asked, you know,
concerning the future of the area that is as yet undefined. When you look at the
Comprehensive Plan cut sheets from your -- your website it identifies the types of
uses and those were restated there on that -- that second page. There is not
only the CZC process, but there is also design review and so we are simply
saying that if there are items that come forward that are already identified as the
types of uses desired, it would be probably a waste of your time to have to sit
and make those decisions on the individual piece -by-piece-by-piece basis. We
are just looking for a way to streamline that process, so that the project can move
forward, you're protected by the way you manage the project approvals, even at
staff level because of the design review and CZC, they look at the site, they look
at the designs and so forth. And I appreciate Mr. Turnbull -- I asked, actually, for
the continuance from last week's meeting so that David would be here to address
the question particularly of the -- the water line, because our submittal proposed
what is in front of you. I didn't feel like I could come and make that determination
and appreciate David, even into jet lag condition, doing so. But I would -- if you
have other questions about any of those I would be happy to answer them, but I
think we have got it down to a point now where if there is a better way to deal
with the development agreement modification in the future and I think the others
are -- are simple. Thank you.
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: Mike, I have got a question and -- David mentioned mostly medical
offices and such. Is this going to be all commercial or -- and office or is there
going to be -- we have townhouses and multi-family developments listed here
and that's I think the part for me that makes me uncomfortable with that situation.
Wardle: I don't anticipate that there will be -- other than the assisted living
complex -- anything that would be a residential component within this commercial
subdivision. We are working on plans for everything west of this to be residential
and there could be some attached product in that area, but not in this one.
Milam: Thank you.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: Back to the DA comments, if it goes the route that you have described
and it delegated the staff authority to the CZC process and through those
discussions they make a determination that a particular use doesn't warrant a
change, there is an appeal of that to Council, is there not? If that were to happen
and there be a disagreement, that would route it here.
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October 4, 2016
Page 27 of 43
Wardle: It would bring it here. Yes. Anything that comes forward that staff says
just doesn't really fit with what we see , they are going to defer to you folks
anyway. So, there is a safety valve in this process.
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: Madam Mayor, Members of the Council, I guess the quandary I can see in
this discussion is this individual developer has a history of being very committed
to these concepts. The concern we have had and the reason this policy and
practice was created is because many other developers don't do that and very
often it is left to the staff to make this decision . So, making the decision on Mr.
Wardle and the Brighton's project is probably not going to be as complicated as
the hundreds of other projects that other people are going to ask for and if you
look at just the list, they are very broadly stated. I mean there is a variety of
difference between coffee and sandwich ice cream shops and club houses,
churches and dental clinics. So, it's really difficult from a staff one and that's the
reason why -- and I know Madam Mayor and Councilman Bird remember many
years ago we had a lot of very vague developments come forward and we didn't
put a lot of strict regulation or rule on how they could be developed and we left it
to staff and you didn't get exactly what you thought you were , because it came in
as one thing and it ended up something else. So, the basis of that was really to
get the developers to make at least a good-hearted effort at showing what they
were wanting to do and if it changes, then, we come and do a development
agreement modification, because the product didn't work anymore or the
marketing showed it didn't really fit the areas they thought it would . But that was
the reason for it. So, it's just a caution and I want to say is the reason this was
developed was not for developers like this, but for many others that we deal with
and -- and I don't think it would be that problematic for this one, but, again,
everything you do for one you have to recreate for everybody else and that's
going to be the trouble, is it's not always going to be quite so clear or quite so
clean cut with the developer as to what they think they want to do with what the y
actually bring that they are going to do.
Wardle: A cautionary tale.
De Weerd: Oh, we have some real humdingers.
Wardle: Madam Mayor, I'm aware of some of those.
Bird: We have eliminated most of them, though, by the way.
Wardle: Obviously, a decision for the Council to make. If, for instance, you do
not agree with us tonight, there will come a time that we will probably get far
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October 4, 2016
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enough into this and maybe one or two more iterations -- one or two more
evenings with you folks and you will say we are close and also there is only one
or two parcels left -- anyway, that's been our concern. We just don't want to
come back and waste your time each and every time that we have a different --
or a new use on one of those parcels.
De Weerd: Well, we love seeing you. And I'm really having a hard time feeling
sorry for Mr. Turnbull and this jet lag.
Wardle: Anyway, if there is nothing further I appreciate your time and I think with
that change on the water system you're really down to this one. The others I
think are much simpler. Thank you.
De Weerd: Thank you.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Warren, I believe that between staff and -- and Brighton Corporation we
can work out a situation that will solve that 12 inch front line. Do you believe
that?
Stewart: Madam Mayor, Members of the Council, Councilman Bird, from what I
heard it sounds like they are willing to work with us to -- to get the water line in
Amity Road with some modifications perhaps to the internal water line routing to
try to mitigate some of that. Yeah.
Bird: Okay. Madam Mayor?
De Weerd: Mr. Bird.
Bird: Seeing how we have no more public testimony -- and, Council, you need
any more things on public? I move we close the public hearing on H-2016-0092.
Palmer: Second.
De Weerd: I have a motion and a second to close the public hearing. All those
in favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
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October 4, 2016
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Bird: I'm going to make this motion simple, because I'm not going to go through
all these deals on and off, but by stating in the motion what public, staff and --
comments have, I think covers it. Sonya, do you feel comfortable with that or do
I have to go -- or do I have to go through every one of these?
Allen: No, Councilman Bird.
Bird: Don't get me laughing now. So, I think we know what we are on agreement
-- the ones we are in agreement on. If the Council is not in agreement with staff's
response to the applicant's comments, I would like to know that.
Bird: Before I make the motion, Sonya, can I add -- Madam Mayor?
De Weerd: Yes, Mr. Bird.
Bird: Can I ask you -- I -- I took it that -- that what applicant and staff -- all these
things we discussed and we kind of agreed upon what we disagreed upon, both
sides -- is that right?
Allen: I have no idea where the Council landed on those items that we agreed of
what we disagreed on or whatever you said.
Bird: Well, that's the reason I asked on the one item -- why I asked Warren, so
that we had -- the staff already had the --
Allen: I understand that we are -- the applicant and staff are going to work
together on the 2.1.1. Did Council want the development agreement to be
modified in the future for the remaining development area to include a conceptual
site plan or no?
Bird: Well --
Allen: Because that was one of the major issues I would like a decision on.
And, then, also the other --
Bird: I -- I personally believe that -- Sonya, if -- if you don't agree upon it we -- it
still comes back to us, am I not right?
Allen: Then that needs to be included in your motion.
Bird: You know -- yeah. So, if they -- if it isn't an allowed use or something that
we can't agree upon, it would come back for final decision , which, you know, I
don't want to see -- as much as they have to, but, you know, we -- if it comes
down to something that the staff and them can't agree upon, then, I guess it
would have to come -- I -- I thought that by going with the mixed use
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October 4, 2016
Page 30 of 43
neighborhood deal that we were pretty well covering everything in your CZC
process on the buildings and stuff would cover some of that.
Allen: So, am I to understand that the Council d oes not want to see conceptual
development plans in the future with annexations and rezones?
Bird: No. No. No. We didn't say that. We didn't say that. I didn't say that.
De Weerd: Yes, we do.
Bird: We want -- want to see that, so -- this is one time that maybe we --
Allen: Okay. So, that needs to be part of your motion if you would, please, just
to make sure everyone is on that -- that page with you. I saw some heads
shaking and maybe not necessarily fully in agreement, so --
Bird: I will make the motion and, then, we can have our discussions.
Allen: Okay.
Bird: Or we can have our discussion --
De Weerd: Maybe we better --
Bird: Go ahead and have your discussion.
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: Councilman Bird, I agree. I wouldn't necessarily feel like I would need to
see this every time. The problem is that we are setting a precedence to really
complicate things for staff for future developers -- other developers and future
development. Otherwise, I don't have a problem.
Palmer: Madam Mayor?
De Weerd: Mr. Palmer.
Palmer: Madam Mayor, I agree we are setting a precedence that if you're going
to be consistent in doing what you say you're going to be doing, that we are
going to give you a little bit longer leash. I'm okay with that.
De Weerd: But I think that's a problem is they are not really saying and that's
staff's discomfort by leaving it at staff level Council has no clear understanding of
what you are approving tonight and you're leaving it up to staff to interpret
Meridian City Council
October 4, 2016
Page 31 of 43
whatever it is you think that you're approving and it's not built, that's -- therein lies
the problem. And I guess just -- I -- I don't know if this sets precedent to the
degree that I think how you can separate this one apart from maybe others is this
developer has consistently developed areas that have only enhanced our
community. That's been the reputation. And I can't say that precedence in
approving this tonight would -- would set -- set this for others that don't have that
same track record. If that makes any sense. The relationship betw een this
applicant and our staff with the vision that is generally associated with their
developments have always been quality and -- and I think that's the comfort level
here. Right? So, if they say that this was in the -- the intent of the zone that is
similar to what has been presented in their concept and the discussion and the
presentation, that there is an appeal to -- to Council if staff does not see that that
is consistent with -- within the record that's been established, that they have an
appeal to Council.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: To add to that, I would be moving to deny it if I thought that this owner and
applicant was not going to develop it. My -- and that's why I don't think we are
setting a precedence. Their track record is -- when they come -- bring something
forward they finish it. We have other developers that bring it forward to get it
zoned and, then, sell it. That's one comfort I have and I don't think we are setting
a precedence.
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: I agree a hundred percent. I trust this developer. However -- so, say the
next developer comes in and we are going to -- they are going to ask us for the
same type of waiver and how many of you are going to sit here and say, you
know, you don't really have a good track record , you kind of make crappy
developments and you don't always follow through --
De Weerd: That probably would be me.
Milam: That's what we are -- we would have to take that responsibility if we
approve it based on that. If we all agree that there is -- this is a developer that is
going to follow through with what they say, we know -- that's not in question. The
questionable part is what -- what are we going to say when somebody else asked
for the same treatment and -- and that's pretty -- kind of difficult to do, so --
Bird: Let me assure you that it has been -- it has been brought up to developers
before in here.
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October 4, 2016
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Allen: Madam Mayor? Along with that there are several other provisions that I
would like your direction on. One being the inclusion of that western portion of
the parcel that is not included in their plat. If Council is okay with that or if
Council wants them to include that. And they had asked for the provisions that --
that are listed as should be considered when reviewing development applications
to be stricken. They are out of the comp plan. Do you know if you want those
stricken or -- or left in.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: You're referencing 5-G, I-1, 2, 3?
Allen: Yes, Councilman Borton. And, then, the other one was 1.1.1-A and B,
regarding the remnant parcel.
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: Madam Mayor, Members of the Council, I think there is a significant waiver
on the access as well and I just thought of this and so I'm not sure if this would
work. Mr. Wardle had raised a portion of the Comprehensive Plan language that
was what was -- they were using as their guide in relation to the language they
were proposing for the development agreement with the MUN. We could
incorporate that language -- or is this the only language he was referring to in
red? We could incorporate the language out of the Comprehensive Plan into the
findings, so that you have a better guide -- at least some guide to what they are
proposing to do, because I remember your testimony -- or not testimony -- your
comment was once they have this zoned they are only bond by the zoning
regulations, not the Comprehensive Plan. If we take the Comprehensive Plan
language and add it to the findings would that cover the gap a little bit better
without having to do a development agreement modification on every conceptual
plan change that comes along?
De Weerd: Council, I think I'm going to recommend something here that -- a
continuation until -- I know next week is a workshop, but there have been so
many changes and it gives the applicant some time to maybe work with staff in
bringing some recommendations to Council that everyone can live with it. I
would make a suggestion to open up the public hearing specific to a summary on
where we are at and suggested language that -- that you can have in front of you
in black and white, because I'm feeling like I'm the one with the jet lag right now.
My head is spinning on -- on where we are and I -- maybe you are tracking it
Meridian City Council
October 4, 2016
Page 33 of 43
better than I am, but it might help with giving it some clarity. Two weeks, would
that be okay? Yes? No?
Palmer: Madam Mayor?
De Weerd: Mr. Palmer.
Palmer: Madam Mayor, before we do that, I think -- the only reason they are
asking for some of the things they are is so that they don't have to come back
and see us so much. Let me try something and if it doesn't ge t a second, so be
it, then, we can go that route. I move we approve H -2016-0092 with the
exceptions granted that they have requested that are still disagreements
between staff and the applicant.
De Weerd: Which are what?
Palmer: Everything they disagreed on. It was -- everything was noted that they
do agree on, including the water issue now. Any of the other things I'm good
with. I'm sure they will all be included anyway.
Borton: I will second it for discussion.
De Weerd: Okay. I have a motion and a second to approve -- with the exception
of where there is disagreement.
Borton: Madam Mayor? I -- I think -- I like what Councilman Palmer is trying to
do. I agree with you. I think it needs actual language that we might not articulate
today. We kind of are getting the gist from the staff and the applicant, kind of get
-- we can give you the gist and of where we are leaning on the main items, that
can help you articulate language that even in a week might be able to bring back.
There is not a lot of disagreement when we get to the end of it. It sounds like
things are resolved, but the language is critical. So, I -- would the maker of the
motion be inclined to withdraw the motion and allow us to table it for a week for
the sole purpose of providing actual accurate language that allows staff and the
-- the applicant to proceed and know what they are doing.
Nary: Madam Mayor? Just one caution.
De Weerd: Mr. Nary.
Nary: Our ordinance prohibits land use hearings on your workshop. So, you
can't continue a land use hearing to the workshop either. So, it still has to be two
weeks.
Meridian City Council
October 4, 2016
Page 34 of 43
Borton: I would rather -- to this discussion, I would rather have it done right than
done right now and I don't like it two weeks away, but I don't know if we can
articulate the specifics to give staff --
De Weerd: Could you speak in your microphone.
Borton: -- to give staff comfort. So, that's my concern. I like the idea of the
motion, but I'd rather do a two week delay and give them our direction on these
issues.
De Weerd: And I think it allows the applicant and staff to work on language on --
and clarity for you all to know where there is still disagreement.
Borton: And -- yes. Madam Mayor, I'm supportive of the application and I will
give you at least my two bits on these particular issues, articulating the language
if it's continued, if that's the route we go.
Palmer: Madam Mayor, it seems that my motion may have delayed, rather than
trying to speed it up, so I just end it and I will withdraw it.
De Weerd: Okay. Second --
Borton: Second agrees.
De Weerd: Can I have a motion to reopen this public hearing.
Bird: So moved.
Borton: Second.
De Weerd: All those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
De Weerd: So, before we -- I ask for a motion to continue, would you like to -- to
give maybe a summary, Mr. Borton, on where you feel you still have questions?
Borton: Sure. Madam Mayor, of the few items that remain unresolved, I am
supportive of what the applicant is trying to do with 5.1 G in light of unique
circumstances in this case to allow the CZC process to be utilized in lieu of
repetitive DA modifications and -- and legal counsel articulated a way maybe to
include the Roman numeral I, double I and 12 -- whatever that is. Xii. Those
comp plan concepts into the language to give staff some additional guidance and
sideboards in managing the future parcels with the CZC process. I'm
comfortable with the exclusion of the westerly parcel as requested by the
applicant. I'm comfortable with the access request and the waiver for the two
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October 4, 2016
Page 35 of 43
access, which were approved by the highway district . 2.1.1 has been resolved.
And the comments from staff for 2.2.9 and 2.2.11 that were presented tonight
would be incorporated that the applicant has agreed with. I think everything else
-- all of the other provisions were resolved on the record as being either
acceptable for staff or the applicant.
De Weerd: Was 2.2.5 resolved? I didn't mark that, so --
Allen: Madam Mayor, may I?
De Weerd: Yes, please.
Allen: It appears we are really right down to the end here to me. If I may
suggest just including a provision in the development agreement -- the future
development comply with the Comprehensive Plan vision for the mixed-use
neighborhood designation and leave it at that . If that's where you're wanting to
go and not wanting to have the applicant come back and modify the develop ment
agreement -- if Mr. Borton would make a motion basically just what he just said, I
think we can work with the language in the -- in the development agreement to
follow the comp plan and call it good and I think the applicant would be in
agreement with that. You have made a decision. There is a motion -- there
could be a motion on the exclusion of the western part of that parcel. Not
requiring the applicant to come back and modify the development agreement in
the future every time. You made a decision on the access for -- or the waiver for
access. Council wants the applicant and staff to work together on the service --
services. Water. I really don't think there is a lot to -- in my opinion to continue it
for if Council is amenable to that. Just my two cents worth.
De Weerd: And, Mike, you agreed with the 2.2.9 and 2.2.11 on the language that
was proposed by staff?
Wardle: Madam Mayor, that is correct. The only issue that I have -- we didn't
understand Mr. Borton's comments about those three discretionary items
concerning the Comprehensive Plan. That would be the Roman numerals I -ii
and Xii. Was the intent to retain or to remove?
Borton: Madam Mayor, they would -- the idea was they would come out, but
somehow be incorporated into the general direction of what the CZC process
would be looking for when staff's had those in the future. I think, if I described
that right, Counsel Nary --
Nary: Madam Mayor, Members of the Council --
Borton: Legal counsel.
Meridian City Council
October 4, 2016
Page 36 of 43
Nary: -- Council Member Borton and Mr. Wardle, I was referring more to that cut
sheet you were to as saying that was the direction you felt, so the language of
that could, then, be incorporated into the findings. So, not -- no particular ones
on this page two, but the ones that you were displaying that are part of our comp
plan.
Wardle: I would agree with that, Madam Mayor.
Allen: Madam Mayor, to clarify, including provisions in the development
agreement that tie back to those in the Comprehensive Plan, which those three
they are asking to be removed are actually straight from the comp plan. I could
include basically all of the design elements and -- and vision for that area or I
could just simply say, you know, refer it back to the comp plan, too .
De Weerd: I would include the design elements and vision that was supplied.
That gives you some guidelines and takes away an arbitrary feeling to -- to this
and -- and, again, there is the appeal to City Council.
Allen: It does. There, again, it is very difficult, though, for staff to review an
application in a mixed use area when they only come in with individual uses one
at a time. That area is really looking at to be an integration of residential uses,
lower density, medium high apartments into the neighborhood commercial areas.
We do like to see like a small plaza area -- no necessarily a park, you know, but
some kind of plaza area for folks to gather. Shoppers, employees on their lunch,
you know, some kind of thing like that. Gazebo. But that's the intent of the
mixed use neighborhood designation. Pedestrian oriented. Those uses are
smaller, generally, that service the surrounding neighborhood. That's the whole
point of them coming in with a comp plan -- or a concept plan, excuse me, to look
at the overall development area as a whole. While staff u nderstands and they
don't always have that opportunity, but that's the intent and it's still hard, even if
we -- or Council makes a decision for the -- you know, the staff to review each
individual application, it's -- it's very difficult. We can -- we can do that if that's
what you would like to do. But that's -- that's the explanation and the intent
behind that.
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: Just one final comment. I think one of the things that's happening to us
tonight -- is we are looking at just one component of the broader property. When
the comp plan objectives are reached, you will have parks, schools, you will have
commercial and you will have a lot of residential, which you have not seen the
residential components yet. So, the open space aspect that's being suggested in
the commercial is actually provided in the context of what will be across the
street in the city park, a place for people to go and probably find a shady tree and
Meridian City Council
October 4, 2016
Page 37 of 43
the bench to sit on and eat a lunch or whatever. Maybe even run over and do a
little exercising at the Y during their lunch hour. But we will also have some
common open spaces in the residential components to the west with some
community facilities that will come forward in the future. So, we need to take
ourselves out of this commercial piece and just look at it in the broader context,
which you will see. There will be a development agreement modification that
comes forward and will eventually tie this whole thing together, but not hopefully
each individual parcel within the commercial. I hope that helps.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: And I can see it striking out pretty dark. That's the one that -- that I
agree would be excluded in particular with regard to the open space Roman
numeral I wouldn't need to be incorporated. I agree.
De Weerd: You know, I think that the difficulty -- and I -- I know the struggle staff
has in this is let's say you're not the applicant, you didn't -- and the applicant is
different than who did everything south of you, they are going to be sayi ng the
same thing and we are going to say, well, no, you have a responsibility to that
piece of property you're developing and you can't depend on what another
developer or the city is doing in that area and I think that's a struggle that we
have been tiptoeing around when you don't bring it in in one large application that
we can't see the whole picture, because we are getting it in pieces and we would
be asking this of another developer if it were not you that did all of that to the
south. And I'm trying to explain what it has been -- these requirement are not --
don't contemplate the -- the bringing it in at separate times.
Wardle: Well, Madam Mayor, I don't disagree with the -- the desire, but I would
be surprised if anybody with the magnitude of th is whole parcel, the school, park,
YMCA complex, kind of a unique element with the commercial and with the
residential component in the future would be able to put all of this together in one
fell swoop. The market here just doesn't sometimes allow us to do all of that
initially. So, I think it's a great objective. I think we are bringing it forward as we
have something that we can concretely propose, give you an opportunity to
approve. There will be another step in the future with the residential to th e west.
So, hopefully, we can get there tonight.
Turnbull: Madam Mayor?
De Weerd: Mr. Turnbull.
Turnbull: Madam Mayor, David Turnbull. I understand what you're saying, but I
want to look at this in the context -- this is Marty Hill and this is Brighton
Corporation and we brought this western -- or eastern 40 acres in already with a
Meridian City Council
October 4, 2016
Page 38 of 43
school, a park and all of those other elements. This is just the commercial
development portion of an already public facility. So, going back to Council
Member Borton's comment, the one element in there that we are talking about is
why would we be required to create more open space and more public open
space in this commercial development when we have already got everything
across the street that, guess what, we made happen and so it's part of a larger
development, the development part of which has already been approved and
moving forward. So, that's --
De Weerd: And all's my point was is we understand that, but staff follows our
ordinance and the application process and if the ownership is -- when it comes in
piece by piece like this is silent. You know, it -- you can't take into consideration
really that -- Council can, but staff's recommendations are different. So --
Turnbull: Well, I understand where Sonya is coming from and so that's why we
are asking you to make that decision. So, thank you.
De Weerd: Thank you.
Allen: Madam Mayor? Staff is comfortable with going forward if the -- if the
Council decides that's how they want to land on this, staff I think has heard
enough of your intentions to be able to prepare a findings document for you, if
that's the route you should choose to go tonight.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: It is, but I appreciate you bringing it up anyway. I mean the idea of your
consistent recommendation and we can discuss it and make a case -by-case
decision as unique elements warrant removal of something like this, but I
appreciate you bringing it up.
De Weerd: Good job.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we close the public hearing on H-2016-0092.
Palmer: Second.
De Weerd: I have a motion and a second to close the public hearing. All those
in favor say aye. All ayes.
Meridian City Council
October 4, 2016
Page 39 of 43
MOTION CARRIED: ALL AYES.
Bird: Madam Mayor?
De Weerd: Do not just say and whatever was -- Mr. Bird.
Bird: I move that we approve H-2016-0092 and include all staff, applicant,
Council discussion and I think Sonya more or less said -- Sonya said that she
had it -- what we needed; right? That I don't have to go through this again. We
get in another half hour argument.
Allen: We are good, Councilman Bird.
Bird: Thank you very much. That's my motion.
Palmer: Second.
De Weerd: If you all know what you're voting on I'm good with that, too. I have a
motion and a second. Any discussion?
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: I hate to be the wet blanket on this, but I think it's important that we
are articulating what it is that we are voting on, so I -- I mean if the maker of the
motion and second want to continue that's fine, but in this particular situation I will
be voting adamantly no, because we haven't articulated what -- the items that we
are voting on.
Palmer: Madam Mayor?
De Weerd: Mr. Palmer.
Palmer: Madam Mayor and Councilman Bird and Councilman Borton, please
jump in if I miss something or say it wrong, so I'm going to attempt to --
Bird: Go after it.
Palmer: -- fulfill that. 5.1G as not being exactly what staff approves of, but what
the applicant is asking for that we are approving, as with --
Bird: Here we go.
Palmer: Well, yeah. G and little I, little I, little I -- little I, little I, little I. And 1.1.1
A, B and E. 1.1 point -- still good, Councilman Borton?
Meridian City Council
October 4, 2016
Page 40 of 43
Bird: Keep going.
De Weerd: I want to see these minutes.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: I -- I thought you had it. From what I heard I was checking stuff off and I
think I -- I'm comfortable making the motion -- or making the motion. Excuse me.
Voting as Councilman Bird has stated, because I think it did capture where the
agreement was and we got the okay from staff that the y understand that
language. So, that's what I was looking at. I didn't know -- I'm comfortable
without going through it again.
Palmer: I'm just trying not to miss any of them that I might have missed crossing
out that we were good on.
Nary: Madam Mayor, can I help?
De Weerd: Yes, please.
Nary: So, what I thought everyone had a consensus on on the request in 5.1G
was to not require the open space in small I . To include language that was
proposed by the applicant about the mixed-use neighborhood uses and
additionally some other additional language from the Comprehensive Plan into
the findings to show the vision and direction of the Council assisting staff for
future development to grant the waiver of the access to Amity Road to not require
the remnant parcel be included in the preliminary plan at this time. There was
resolution by the applicant in regards to the water line and on the ones the
applicant requested on the final page of the document that were recommended
approval by the Planning and Zoning Commission, 2.2.5, 2.2.9 and 2.2.11 you
were okay with those. I think that covers all of the discussion points that I
thought the Council had consensus on and you will get findings and if you don't
agree with them or the applicant doesn't, we can talk about it again.
De Weerd: I think you and Sonya have earned Meridian Way coins.
Bird: We will get you a fire hat.
Allen: Do I get to ride in the big red truck, too?
De Weerd: Okay. So, the motion maker and the second both agree with that?
Bird: Yes.
Meridian City Council
October 4, 2016
Page 41 of 43
Palmer: Absolutely.
De Weerd: Council, any questions on the motion? Okay. Mr. Clerk, will you call
roll. This was supposed to be a short meeting.
Milam: I know.
Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little
Roberts, yea.
De Weerd: Hallelujah. All ayes.
MOTION CARRIED: ALL AYES.
Item 11: Future Meeting Topics
De Weerd: Okay. Council, any items for future agendas?
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: It came up this evening maybe changing our ordinance to allow land use
items in workshops on certain -- under certain circumstances. For example, a
continuance for a specific short item. Just a thought.
De Weerd: Council, do you have an interest in -- in that? We have three
meetings a month.
Milam: Madam Mayor? It would be something, for example, like this. If we
needed to continue it just for a decision for some clarification of paperwork, to not
make a developer wait additional weeks because it -- because we have an
ordinance that doesn't allow it. I'm not talking about having full blown out
hearings necessarily. It would only be in a situation of -- like I said, a
continuance for a specific item that, obviously, would be a public hearing, but if it
was a -- one that was going to take all night and, then, we wouldn't continue it to
that week. It's at our discretion. It would just be allowing us to do that, so we
choose.
De Weerd: We can put it on the agenda to --
Cavener: You're not alone in this, Genesis. I think having that as an option is a
great idea.
De Weerd: Okay.
Meridian City Council
October 4, 2016
Page 42 of 43
Cavener: It's a great recommendation.
Item 12: Executive Session per Idaho State Code 74-206A (1)(a): A
governing body or its designated representatives may hold an
executive session for the specific purpose of: (a) Considering
a labor contract offer or to formulate a counteroffer.
De Weerd: Item 12 is Executive Session. Do I have a motion?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we go into Executive Session as per Idaho State Code 74 -
206(a),(1)(a).
Milam: Second.
De Weerd: I have a motion and a second to adjourn into Executive Session. Mr.
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: ALL AYES.
EXECUTIVE SESSION: (8:05 p.m. to 8:34 p.m.)
De Weerd: Okay. I would entertain a motion to come out of Executive Session.
Bird: So moved.
Borton: Second.
De Weerd: All in favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
De Weerd: Do I have a motion to adjourn?
Bird: So moved.
Borton: Second.
Meridian City Council
October 4, 2016
Page 43 of 43
De Weerd: All those in favor. All ayes.
MOTION CARRIED: ALL AYES.
MEETING ADJOURNED AT 8:34 P.M.
(AUDj-Q-RECORDING ON FILE OF THESE PROCEEDINGS)
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