HomeMy WebLinkAbout2017-05-23Meridian City Council May 23, 2017.
A meeting of the Meridian City Council was called to order at 6:02 p.m., Tuesday,
May 23, 2017, by Mayor Tammy de Weerd.
Members Present: Mayor Tammy de Weerd, Keith Bird, Joe Borton, Genesis
Milam, Luke Cavener, Anne Little Roberts and Ty Palmer.
Others Present: Bill Nary, C.Jay Coles, Bruce Chatterton, Josh Beach, Clint
Dolsby, Jeff Brown, Charlie Butterfield, 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: I would like to welcome all of you to our City Council meeting. We will
go ahead and get his meeting started. Thank you for joining us. For the record it
is Tuesday, May 23rd. It's a little bit after 6:00. We will start with roll call
attendance, Mr. Clerk.
Item 2: Pledge of Allegiance
De Weerd: Item No. 2 is the Pledge of Allegiance. If you will all rise and join us in
the pledge to our flag.
(Pledge of Allegiance recited.)
Item 3: Community Invocation by Troy Drake with Calvary Chapel
De Weerd: Item No. 3 is our community invocation. Tonight we will be led by
Pastor Troy Drake who is with Calvary Chapel. If you will, please, join us in the
community invocation or take this as an opportunity for a moment of reflection.
Thank you.
Drake: Father in Heaven, we just first off tonight, God, heavy on our hearts for
what's happened in Manchester, England. We just pray for those who are fighting
for their lives and for those who lost loved ones and, you know, just these
senseless tragedies being so commonplace now and it grieves our soul and so
just pray for you to help, God. Your Word says I look to the hills, where does my
help come from. Our help comes from you, the Lord God, who makes heaven and
earth and so we just ask your help in this situation, that you would aid those who
need it and, Lord, just here in Meridian we pray that your hand of protection would
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be upon our city, especially those who are first responders, the ones who keep the
peace here, God, that serve you and so we just pray for our city and we thank you
so much for it and for all that you do for us and -- and the freedom that we have in
the United States and to elect our representatives and so for that we just thank you
for these people here who serve our community and we pray that you would just
bless them tonight in this City Council meeting and that you would give them great
wisdom and the ability to discern what they should do and not do , whether it's a
small matter or a big matter, and so, Lord, we just pray for their service that you
would bless their life and that you would be over this time and it's in your name we
pray, amen. Thanks for the opportunity.
Item 4: Adoption of the Agenda
De Weerd: Thank you. Item No. 4 is adoption of the agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: We need to add Item 5, which is the proclamation for Rocky Mountain High
School Golf State Championship Day. Item 7-D under the Consent, the resolution
number is 17-2014. E, the resolution number is 17-2015. I think they give me
stuck paper. There we go. And under 12, ordnances, A, ordinance number is 17-
1728 and B is 17-1729. And with that I move we approve the amended agenda.
Borton: Second.
De Weerd: I have a motion and a second to approve the agenda. All those in
favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 5: Amended onto agenda: Proclamation for Rocky Mountain High
School Golf State Champions Day
De Weerd: I'm going to move down to the podium. So, it's always a privilege to
be able to recognize our high school athletes when they achieve such a
momentous occasion as state champions and so I'd like to invite the Rocky
Mountain golf team to come stand with me. Now, I have a proclamation to read in
their honor and for you all, so it may not seem like a big deal now, but someday
you may want to say to your kids I had a name -- or a day named after me. So,
your names will be in our public record and you ca n go back to this day and you
will see your name, your accomplishment, and -- because this is a big deal. So,
I'm going to read a proclamation that doesn't list the names, but your names are
on the second proclamation that I will present to your coach, so -- whereas being
a Rocky Mountain golfer is more than driving fairways, putting the greens, making
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par and having a perfect swing, it is training to build character, leadership,
confidence, teamwork and resilience, traits needed to be successful on the course,
in the classroom, and in the real world and whereas the Rocky Mountain golf team
posted a final score of 580 at the 2017 state championship tournament for golf and
whereas their hard work, determination, and teamwork resulted in a 48 stroke
victory to repeat as state champions and bring home the 2017 state golf title and
whereas capturing the state title builds school spirit and allows these student
athletes bragging rights as they walk the halls of Rocky Mountain and whereas the
leadership, training, and discipline of their coach and -- their coaches help all the
team members to focus their talents and passion to become a winning team with
each player making valuable contributions to their victory. Therefore, I, Mayor
Tammy de Weerd, hereby proclaim May 23rd, 2017, as Rocky Mountain High
School Golf State Champions Day in the City of Meridian and call upon the
community to join me in congratulating the Grizzlies on repeating as state
champions and for representing Meridian so proudly in the state tournament. So,
please, join me in congratulating these young athletes. Now, I will ask that each
of you introduce yourself and say what year in school you are. But I will first
present this certificate -- proclamation to your coach. I also have a City of Meridian
pin for each of you and, coach, if you need extras I would love to give you those.
But my congratulations to you and your team . My dad was a golf coach. Never
golfed with him, because he will always be a coach, but certainly I know the hard
work you put into it and we are just very proud of you.
Tidd: My name is Sam Tidd and I'm a junior at Rocky.
Slocum: My name is Jake Slocum and I'm a freshman.
Downs: My name is Ranger Downs and I'm a senior.
Barry: Carson Barry, also a junior.
Reinke: My name is Drew Reinke and I am also a junior.
McCrady: My name is Mike McCrady, I'm the head golf coach at Rocky and I just
want to say thank you for recognizing these young men for the hard work they
have put in. It is a year-long process -- pretty much a lifetime process for these
boys to -- to excel the way they have and they represent ed this city very well and
are going to move on, some of them, into college ranks already and I'm pretty
excited to send off our senior. He's going to go play at Oklahoma Christian and
play golf in college that we have got a couple of other signees that are going to be
signing next year with their schools and probably two more along the way. Very
blessed to be honored with such good kids, even though sometimes they are late
and he will run for that next year. I did tell -- I did tell -- I do tell our Councilman
Palmer that we have a traffic problem in this city, so if you could get on that we --
we would all be on time. Of course he said that wasn't in his sphere of
responsibility, so -- anyway, I just want to say that we are truly blessed to be here
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at Rocky Mountain and representing such a quality school with Mike Hirano on our
administration and Troy Rice our ID, just quality, quality people that back us up all
the time and got good teachers, good students, and even better golfers, which is
pretty -- pretty awesome. So, thanks again for honoring us with this and we are
truly blessed to represent Meridian. Thank you.
Palmer: I think the bigger problem is that we have a bunch high school students
running around in sweatshirts in 90 degree weather.
McCready: This is something they are very proud of and it's the only thing we get.
We don't get rings, because that's too cheesy. So, we represent ourselves in
sweatshirts and they will have to turn around and show you what the back is,
because that's pretty awesome.
Item 6: Future Meeting Topics - Public Forum (Up to 30 Minutes
Maximum)
De Weerd: Council, I'm going to go ahead and do the next couple of items from
here. Our next item for the agenda is future meeting topics. Mr. Clerk, did we
have anyone signed up?
Coles: Madam Mayor, zero sign ups tonight.
Item 7: Consent Agenda
A. Approve Minutes of May 9, 2017 City Council Workshop
Meeting
B. Approve Minutes of May 16, 2017 City Council Regular
Meeting
C. Approve Minutes of May 16, 2017 City Council Special
Meeting
D. Resolution No. 17-2014: A Resolution for the Donation
of Surplus Computer Equipment to Meridian Food Bank,
Nampa School District, Boys & Girls Club of Ada
County, Star Fire Department and Computers for Kids
E. Resolution No. 17-2015: A Resolution for the Vacation of
a Portion of the 10-foot wide Public Utility, Drainage and
Irrigation (PUDI) Easement Located between Lots 4 and
5 of Block and Lots 4 and 5 of Block 5 platted with
Troutner Park Subdivision No. 2 (Rainier Villas)
F. Final Order for Hill's Century Farm Commercial No. 1 (H-
2017-0051) by Century Farm Development, LLC Located
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1/2 Mile East of S. Eagle Road on South of E. Amity
Road
G. Final Order for Paisley Meadows No. 2 (H-2017-0056) by
Hayden Homes Idaho, LLC Located 2180 E. Amity Road
H. Findings of Fact, Conclusions of Law and Order for
Belltower Park (H-2017- 0053) by Bridgetower Crossing,
LLC & T3 Holdings, LLC Located 3140 & 3150 W.
Belltower Drive
I. City Financial Report for April 2017
J. Approval for Finance to Pay Vendor Payments of
$1,009,249.25
De Weerd: Okay. So, we will move to Item 7, the Consent Agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: As stated earlier Item 7-D, the resolution number is 17-2014. Item E, the
resolution number is 17-2015 and with that I move we approve the agenda as
printed and the Clerk to sign -- Clerk to attest and the Mayor to sign.
Borton: Second.
De Weerd: I have a motion and a second to approve the Consent Agenda. If there
is no discussion, 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.
MOTION CARRIED: ALL AYES.
Item 8: Items Moved From the Consent Agenda
De Weerd: There were no items moved from the Consent Agenda.
Item 9: Community Items/Presentations
A. City Scholarship Presentations
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De Weerd: So, we will move to Item 9-A, our city scholarships. So, this is kind of
bitter sweet and I hope I won't get emotional, but no guarantees that I won't,
because I certainly know several of these over the last several years and it's hard
saying goodbye. But our scholarship program is funded by our sponsors that fund
the State of the City and so this is all money from business sponsors that want to
not only invest in an event, but also that their proceeds have, over the last eight
years, funded for 1,000 dollar scholarships. Part of the criteria to be eligible for the
scholarship is you need to graduate in the spring and I 'm assuming all of you are
graduating. They need to live in Meridian or be a member of the Mayor's Youth
Advisory Council. They need to demonstrate leadership potential through
community involvement, as well as volunteerism. We also look at school activities
or their work experience. Preference -- extra points are given -- are given to
students that have gone through our Alive At 25 safe driving course and these are
-- all of the applications are rated by a group -- a panel of citizens, City Council
members, chamber members and those that look and weigh each of the criteria.
So, I'm very pleased to announce our winners and they are here to receive their
certificate. The money goes directly to the college, so I won't be presenting any
checks today, but we are just really proud of these young leaders. I will ask each
of the four that we are recognizing today that as you go off and spread your wings
and go to that next chapter in furthering your education, that you will come home
afterwards. We can't afford to export our talent. We want you to come back home
when you're ready to start your careers and start them here in this valley. Certainly
those of you that are Mayor's Youth Advisory Council members, you have left a
legacy in our community and each of the four have left their legacy through their
various volunteerism, their leadership in the various activities they are involved in,
and when I read a little narrative about each of them you will see that we can't
afford to lose these young leaders. So, the first leader that I will be recognizing is
Hannah Chambers. Hannah, if you will come up and stand with me. You get the
benefit of standing here while I talk about you. So, Hannah Chambers is
graduating for Meridian High School. Hannah says her passion to become a
veterinarian started when she was three and has never wavered. She has also
made volunteering and giving back to the community a priority in her daily life. She
has served in the Mayor's Youth Advisory Council, volunteered at the Meridian
Food Bank, Toys For Tots Drive and has been an advocate for Be The Match
raising money, educating others and adding donors to the registry to save lives,
but only in Meridian, but all over the world. Hannah plans to -- and Hannah plans
to attend the College of Idaho and major in biology, with a minor in animal science,
in the hopes of becoming a veterinarian. Hannah was very instrumental in bringing
the agility equipment to the Storey Bark Park. She gave a beautiful addition to this
by her passion for animals and her passion for our community . So, please, join
me in congratulating Hannah Chambers.
Chambers: All right. I just wanted to say thank you to everyone. My family. My
friends. My Mayor's Youth Advisory Council friends. I have grown a lot since I
was a freshman and I'm really glad that I got to grow up here , because there is a
lot of worse places you could live and I -- and we truly are the best city to live in
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and I just want to thank everyone in this community for supporting all of our youth
and giving back and showing that there is still good that we can look for every day.
So, thank you.
De Weerd: Our second is -- so, Colby, I don't know how to say your last name,
but I will guess -- no, I won't. Come on up and, then, you can tell me how to say
your last name.
Jogstor: Jogstor.
De Weerd: Jogstor. So, now you know why I asked first. So, Colby is graduating
from Renaissance High School with a weighted GPA of 4.18. Colby has a passion
for giving back to his community and peers. He has volunteered to be a special
education peer tutor, as well as a scribe writing tutor during his years in high
school. Colby has volunteered his time at the Idaho Food Bank, as well as
organizing events for Toys For Tots. As a founder coordinator of the International
Baccalaureate For Jump Program -- the Jump Program, Colby designed a program
to connect junior and senior classes to share academic resources between groups.
Colby plans to attend the University of Arizona and major in public health. Please
join me in welcoming -- or congratulating Colby.
Jogstor: Okay. I'm sorry, everyone, I'm not in MYAC, so I don't know how to use
a microphone, but I'm going to try. I just -- I would really like to thank the community
for this honor, because everything I live and do, whether it's public health or falling
into this weird pit of anthropology that I have been in this last year, is focused on
giving back to the community. So, I really appreciate you guys -- or I shouldn't say
you guys. I really appreciate you all, I don't know, helping me in this journey to
kind of give back to other communities, ours included. Thank you.
De Weerd: Cheyenne. So, Cheyenne Quilter is graduating also from Renaissance
High School. She was ranked first in the class of associate degree students at her
high school. She has been a leader in the Mayor's Youth Advisory Council for the
last four years, serving the last year as the chair. In addition to her time in MYAC
Cheyenne has served as a youth commissioner on the Meridian Arts Commission.
Volunteering and giving back to our community is a priority to Cheyenne and she
gave more than 500 hours and two years of volunteer service for communities in
Idaho. She is also the creator and founder of the Idaho Water Safety Pals program.
Cheyenne will begin college this fall at West Point Military Academy where she
hopes to enter into a career in law with emphasis in international relations in the
Middle East. Please join me in congratulating this young lady.
Quilter: First of all, thank you all for this amazing community and putting together
these scholarships and pitching in to make sure that t he youth and the leaders of
this next generation are really able to achieve their dreams. I don't know where I'd
be without the community of Meridian. I want us to call it the City of Meridian,
because, really, it's more of a community. You guys have so many opportunities
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for every single generation and it's become so apparent that this community comes
together to provide opportunities and to strengthen as one and that has just
become so apparent. So, thank you all for helping foster the leaders of the next
generation.
De Weerd: Lance Baumgartner. You do not have to be in MYAC, but it does give
you extra points and certainly -- what you will find from many of the MYAC
members is they have somehow learned how to balance life, all their volunteerism,
their grades, because they are excellent students, but I can tell you that they have
left a real legacy in our community. Lance is graduating also from Renaissance
High School with a weighted GPA of 4.17. Lance is a member of MYAC and a
leader in participatory budgeting subcommittee within MYAC. Lance has served
for two years as the member of -- on the Meridian Transportation Commission.
Through his actions you can tell he has a passion for giving back to his community
and volunteering. Lance has also participated in Rake Up Meridian, Toys For Tots,
Toy Drive, Operation Christmas Child and volunteered at the food bank, as well as
numerous other volunteer activities. Lance plans to further his education and study
in international corporate law, with an emphasis in development of third world
countries. Please join me in congratulating Lance.
Baumgartner: Hello. I want to say thank you. Thank you to the City Council and
Mayor Tammy for investing so much in Meridian's youth, including myself. I love
Meridian and this community is so inspirational and it's driven me to accomplish
more and I hope I do the city and all of you proud as I take my next step s in my
life. So, thank you for your help and support. Thank you.
De Weerd: Okay. So, I know where you guys live, so you better be coming back,
because I know your parents, too. So, thank you for joining us and you don't have
to stay through the entire program.
Cavener: It's not in the fine print?
B. Dairy Board Request for Cost Share for the Annual Dairy
Days Parade
De Weerd: It's not in the fine print. Item 9-B is the Dairy Board, a request for cost
share for the annual Dairy Days Parade and we have Hans Bruijn here with us and
Jerry Mattison.
Mattison: I guess I will start. My name is Jerry Mattison. I'm the secretary-
treasurer of the Meridian Dairy and Stock Show, also known as the dairy board.
Bruijn: My name is Hans Bruijn, and I'm the president of the same organization.
And before we say anything else, and I'm proud to say that my daughter is a
teacher at Renaissance High School for the last couple years and it's good to see
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all those great kids coming out of that school. Maybe she had just a little bit to do
with that.
Mattison: I guess the first thing we always like to do is thank the -- the City of
Meridian for their help and participation in putting on the annual Dairy Days shows
the past couple of years and that's why we are here again to ask for your continued
support of that event.
Bruijn: As you can see into paperwork, what we ask for is the support for the cost
of Specialty Construction to come and do all the traffic control to make sure that
the parade, once again, is a safe environment for everybody in the parade, as well
as all the bystanders and the cost as you see in this -- it's actually the same as last
year. However, after our last -- we had a meeting last week and Meridian Police
requested to have additional -- what they call tubular markers or the candle sticks
at each intersection that has a barricade, which is roughly about 20 of them. So,
that would be times -- so, that will be another 80 -- probably another 200 dollars is
what will be added onto the bill, because of the request of Meridian Police. So,
that's -- we are asking for support of those costs. Are there any questions?
De Weerd: Council, you have in front of you some information breaking down the
-- the various costs that are associated with the request. Do you have any
questions for Hans or Jerry? I guess just to -- to restate that the city has been a
partner to this long-standing tradition in our community. Certainly as part of the
safety aspect of -- of the parade we get large numbers and I would also say that
our -- our Dairy Board funds a lot of our youth programs as well, that this -- this
money that is generated from this annual event definitely is reinvested back into
our youth and youth programs. So, thank you for your -- your commitment to our
youth in our community as well and, Council, I will turn that over to you.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I believe what we have done in the past t hree years, whatever it's been, is
we just -- we have just said up to -- forgive up to 10,000 dollars I think it was and,
then, we just presented the bill and we paid whatever it was and that's -- so we --
I would make a motion, if it's agreeable, that we continue that way.
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: Question for Hans or Jerry. Mr. Bird said in the amount of 10,000, but
I'm seeing a quote here for 4,500 with your cost increase, having those
recommended by -- those are costs that --
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Mattison: It is confusing, because, again, it's -- it's my understanding that an
ordinance was passed by Council several years ago that salary expense for
historic events is already covered. Bill can -- maybe you can confirm that.
Nary: Madam Mayor, Members of the Council, that is correct. We did pass that,
so that there is no fee for the event, there is no -- there is no cost share that -- the
city, basically, provides the staff necessary for the park -- for the safety of the
citizens that come. So, really, the only hard cost is the security -- traffic controls
for the parade that I think is necessary for the Council's direction.
Mattison: I think the 10,000 that Keith was alluding to would include those salary
expenses for police, park or -- no?
Bird: Madam Mayor, when Charlie made that original motion when we passed the
ordinance and put this parade in the grandfathered rights, we didn't have any idea
what -- because we would have never -- we never had the parade in the existing
configuration, that it was going to be, because we didn't have a split corridor and
we had no idea what it was going to -- what the cost to cover the parade route was
going to be and so that's why Councilman Rountree took it up to nine, so we would
not run over and have to come back for a budget amendment or something like
that or the Dairy Show Board in -- asking for more. So, consequently, I think the
first year I think it was up to 4,800 or something -- our first bill was something like
that and that's all that's ever been paid. The wages had nothing to do with it.
De Weerd: So, a motion to cover the hard costs -- here it mentions 4,338 or 39,
plus that additional 200 should suffice. If -- if there are additional costs I think this
Council would be interested in knowing what they are.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: The 200 addition is just a guess. We have not got a new bid back and there
is -- we need to do -- on the return route the police felt we needed to beef up
security or stuff there, so we have no idea what the cost is going to be on that in
real detail.
Bruijn: Where I came up with the 200 dollars is roughly another 80 of those candles
at a buck seventy-five apiece, so it's a rough estimate, but we haven't heard back
from Specialty Construction yet.
De Weerd: But most likely it's not going to be in excess of over 5,000 dollars in
addition to what you have here.
Bruijn: I wouldn't think so.
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De Weerd: Well, I would hope not.
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: I understand that we have done things differently in the past, because we
didn't have a parade route and didn't know exactly what the costs were going to
be, but the way I see this we do have a parade route and we do know what the
costs are going to be, because we have a pretty firm bid here; correct? So, I would
move that we approve the hard costs of 4,500 dollars, which would cover the
additional 80 markers, plus this 4,338 pretty closely.
De Weerd: Amount of 4,600 --
Milam: Forty-six hundred.
De Weerd: Okay.
Milam: And the other -- any other bid?
De Weerd: So, the motion is --
Milam: The 4,600 dollars.
De Weerd: Do I have a second?
Cavener: Second.
De Weerd: I have a motion and a second. Any discussion?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: So, if it runs into 47, 48 hundred, we are going to have a budget amendment
for a couple hundred bucks?
De Weerd: It's not that big of deal. But I think we would like to know what -- what
the cause was and certainly -- I think this -- this Council is committed to being a
full partner to this community event and we shouldn't have worries about justified
expenses to ensure the public safety. So, I --
Mattison: I appreciate that. And I would also mention the police estimated last
year's parade attendance of 30,000 people.
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De Weerd: If you're not going to the parade I would recommend avoiding
downtown. Any other questions? Okay. 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.
MOTION CARRIED: ALL AYES.
De Weerd: And while I have you here I would like to thank you for adding the
Meridian Youth Farmers Market as one of your events that you are engaged with.
They completed a successful year last year and it looks like they have some more
exciting new vendors this year -- almost most than we have canopies and tables
for. So, that is a good problem to have. But thank you for, again, this comm unity
event, continuing it and looking to expand it through engaging our youth. So, thank
you for being here tonight.
Mattison: Thank you for your support.
C. ACHD Chipseal Program
De Weerd: Okay. Item 9-C is under our ACHD chip seal program and, Tim, we -
- I will turn this over to you.
Nicholson: Thank you. Madam Mayor, Council Members, Tim Nicholson, Ada
County Highway District maintenance manager. It's my pleasure to be in front of
you tonight to discuss ACHD's plan for the fiscal year 2017 chip seal season and
brief you on that information. The last time I was in front of you we were in the
middle of Snowmageddon. So, 85 degrees out there today is welcome and I think
we are all looking forward to the summer, so -- so, why does ACHD chip seal. We
chip seal because it provides a maximum return on the taxpayers' dollars
investments in Ada County and it helps maintain our road infrastructure in a very
good overall PCI, that's pavement condition index rating. We also chip seal
because asphalt oxidizes and becomes hard and brittle, which causes cracking
and can eventually lead to failure in the road surfaces as water infiltrates and
penetrates into the sub base. We also -- chip sealing slows the oxidation process
down by sealing the road surface and creating a new wearing surface for the
traveling public. It also weatherproofs the road and prevents base failures. You
can see from our costs here that it costs us about 17 cents per square foot to do
our chip seal and a standard mill and overlay project is about ten times that
expense. So, there is a lot of bang for the buck here and it's a fast -moving
processes as well that doesn't inconvenience the public like a mill and overlay
project would. We anticipate spending approximately eight million dollars on the
overall chip seal process this whole summer. We have already started spending
a lot of that currently with our rock crushing. It will be about 25,000 team member
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hours. Our totals, as you can see here, 550 lane miles, 7,000 tons of liquid asphalt,
57,000 tons of aggregate and about 43 working days, so some matrix there. A
little overview of the chip seal process. You can see from the picture here the truck
out in front here is a distributor truck. Well, I'm skipping ahead of myself a little bit.
First, one to three days ahead of the chip seal we will have our sweepers out in
front sweeping the roads clean and free of debris, followed up by our chip seal
process, which, again, includes a distributor truck here spraying oil down. The
amount of oil to be placed on the road depends on the road condition . We have
standard shot rates as we call them for oil application, but if the road is older and
more worn out, then, it may require a little bit more oil. That distributor truck is
immediately followed by the chip spreader that you can see here and that's what
spreads the chips on the road and the dump trucks back into the chipper box and
provide material to the chipper box. We have flaggers that are involved with this
whole process. We have flaggers out in front, alongside the chip seal train, and
behind the operation throughout the course of the process to keep both the
traveling public and our employees safe. After the chip seal we generally a llow
three to five days for the oil to cure on the roadway and , then, we will sweep up
the excess chips and follow that with a fog coat, which you can see being applied
here in this picture. The fog coat seals up the chips, penetrates down and helps
lock the chips into place, and also creates the nice black canvas for the new
roadway markings and striping. Our tentative schedule is listed here. We are
proposing a soft start of June 7th, this -- coming up here in the next couple weeks.
During that day we will have a training session for all of our operators and
personnel involved with that, including the flaggers and our temporary laborers.
We will get started later that afternoon. We will do calibration that day on
equipment and mobilize out. June 12th that following Monday is the official start
date to chipping. You can see over the July 4th holiday we plan on not chipping.
I think we have actually modified this a little bit as of yesterday morning and I didn't
update the slide, but we will be chipping the Thursday before the holiday. We are
going to take off Monday, Tuesday, Wednesday, and no chipping on those days.
Estimated to be completed late August and, then, have a little celebration for the
crew and everybody that was involved to help with th e process hopefully on
September 7th. Of course, these dates are all weather dependent. Last year we
had a pretty good year. I think we only missed about one day due to rain. So, we
are pretty fortunate in that respect. The year before the smoke in the fires that we
had impacted us quite a bit. If there is poor air quality we typically shut down as
to not adversely contribute to the air quality standard and also not to put our
workers out in harm's way as well, so -- here is a little overview map of our six
preventative maintenance zones. As you can tell we are going to be in zone six
here in the northwest quadrant of the county. Our outreach efforts to date are
shown here. We have been meeting with police representatives from both Ada
County Sheriff's Office and Meridian and Boise. We have presented this
information to our commission earlier this month and Boise City last week and as
I stand before you tonight my counterpart Tim Morgan was over at the City of Eagle
presenting the same information to them. We will follow up with Star the first week
in June. Losing my place. Going back to this map here real quickly. With our six
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preventive maintenance zones we try to do all the arterials and collector streets.
So, all the major streets every six years. We also try to do half the residentials in
those zones during that six year period, too. So, residentials are effectively every
12 years. Arterials and collectors every six years. This is more a detailed --though
it's a little tough to see -- map of all the roads that we are planning to chip seal
within zone six. The green roads are residential roads that will get quarter inch
chips. The red roads are major arterial collector roads, which will get our 3/8ths
inch chips. The blue area denoted on the east side of the map is what our Adams
division will handle and the brown area on the west side and northern part of the
map is our Cloverdale division and I have handouts if you'd like them that I
distributed earlier to your clerk. This is our largest zone yet. Again, like I said, we
are going to do about 550 lane miles. Last year we did about 500 -- 480 or so.
So, this is -- this is a pretty ambitious plan and -- but we are up for the challenge
we believe. So, with that I would stand for any questions or comments that you
might have.
De Weerd: Thank you, Tim. Council, any questions?
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: Question -- maybe a comment and a question. First thanks -- I have
always been very curious about the chip seal program, so I'm glad we have got
some many of our citizens here that are able to learn a little bit about this as well.
While you're here I'm curious if I could get some feedback from you on street
sweeping. I know that's not the agenda item, but I know that you have had trucks
that have been out across the county. You referenced Snowmageddeon earlier. I
had some calls from a constituent this week sayings good news, the street
sweeper finally came through our neighborhood. They were a little miffed as to
why it took so long and I thought maybe there is some people that are in the
audience that may have some more questions and since you're a subject matter
expert I hope you might be able to provide a little context as to the timin g of why
we are not starting with the street sweepers.
Nicholson: Sure, Councilman Cavener. We put down approximately 20,000 tons
of sand over the course of Snowmageddon in the winter. That, as you can imagine,
takes quite a long time to pick up for a vehicle that travels at about four miles an
hour. Beings that we got in the residential streets this year we didn't typically sand
residential areas, unless it was in the foothills or in school routes. A lot of times
there was -- it was just basically a volume issue. Our sweeper crews normally
work Monday through Thursday. They have since -- since the weather cooperated
with this and temperatures were above freezing in March, that we started working
Fridays as well. So, we put in a lot of overtime with a lot of our folks and it just,
basically, was the effect of the winter that it took so long and this is really just the
first pass at everything. We have swept every road in the county in about ten
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weeks and that's about what we anticipated it to take. It's just a volume number
and operators and equipment.
Cavener: Thank you. I appreciate hearing that.
Nicholson: Sure thing.
De Weerd: Any other questions from Council? We appreciate you coming and
sharing your schedule with us. I know that you have it posted on your website, so
that is something that we point our citizens to in case they have questions.
Nicholson: Thank you. Yeah. It's a good resource. There is a lot of information
on our website. If anybody has any questions you can p oint them in our direction
and we would be happy to answer them for them.
De Weerd: Great. Well, thank you, Tim. We appreciate you coming tonight.
Nicholson: Thank you, Mayor.
Item 10: Action Items
A. Continued from May 16, 2017: Final Plat for Bainbridge
Subdivision No. 5 (H-2017-0043) by Brighton
Investments, LLC Located Approximately 1/2 Mile South
of W. Chinden Boulevard and 1/4 Mile West of N. Ten
Mile Road
1. Request: Final Plat Approval Consisting of Twenty-Six
(26) Building Lots and Four (4) Common Lots on 7.56
Acres of Land in an R-8 Zoning District
De Weerd: Okay. Item 10, under Action Items, our first item 10 -A is continued
from May 16th, a final plat on H-2017-0043. Sonya.
Allen: Excuse me, Madam Mayor. Just a moment. My computer went to sleep.
Madam Mayor, Council, the next item missed the Consent Agenda. The applicant
is in agreement. I can run through the staff report if you would like.
De Weerd: Is there agreement with the staff report?
Allen: Yes.
De Weerd: Okay. Council, do you have any questions?
Bird: I have none, Madam Mayor.
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De Weerd: Okay. If there are no questions on this final plat I would entertain a
motion.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve H-2017-0043 with staff and applicant comment.
Little Roberts: Second.
De Weerd: I have a motion and a second to approve Item 10 -A. 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.
MOTION CARRIED: ALL AYES.
B. Public Meeting for Reflection Ridge Subdivision No. 5
(H-2017-0060) by Schultz Development Located 635 E.
Vivid Sky Drive
1. Request: Vacate the Slope Easement on Lot 17,
Block 12 of Reflection Ridge Subdivision No. 5
De Weerd: 10-B is a public hearing for H-2017-0060. I will open the public hearing
with staff comments.
Allen: Madam Mayor, Council, the nature of this easement -- slope easement does
not require a public hearing. The applicant is in agreement with the staff report. If
you would like to move that along quickly, that's fine. If not, if you would like me to
go into the staff report I certainly can.
De Weerd: It's listed as a public hearing.
Allen: Okay. I will run through the staff report.
Coles: Madam Mayor?
De Weerd: Yes.
Coles: It is listed as a -- as a public meeting. There is a vacation --
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Page 17 of 99
De Weerd: A public meeting.
Coles: Public meeting. Vacation of easements doesn't require a public hearing.
However, this item did require it be addressed by Council through public meeting.
De Weerd: Is there anyone from our audience here to listen to this item or provide
comment? Oh, only you, Matt. Sorry. Council, would you like to have a
presentation or just have a brief summary? We could ask Matt if he has any
comment from the applicant.
Allen: Sure, Madam Mayor, I can give a brief summary.
De Weerd: Okay.
Allen: The applicant is requesting a vacation of a slope easement on Lot 17, Block
12, that was shown on the recorded plat for Reflection Ridge Subdivision No. 5.
This slope is entirely within the subject lot and vacation of such will not require the
adjustment of any existing public utility easements. In previous phases of this
development slope easements were shown on certain lots where the developer
planned to install homeowners association maintained grass on large slopes
between tiers of lots. In other locations private homeowners would maintain the
slope and easements where such weren't necessary. In those cases many
homeowners chose to modify the slope with the addition of retaining walls to
increase the usable yard and flat building area of the lot. The applicant states the
slope easement should not have been depicted on the plat for the subject lot. At
this location the slope is privately maintained . With approval of the proposed
easement vacation, the building homeowner will be allowed to modify the extent
of the slope with a rock retaining wall, subject to city building permit requirements
and setbacks. Staff did recommend approval of the requested vacation and Matt
Schultz submitted written testimony in agreement with the staff report. Staff will
stand for any questions.
De Weerd: Thank you. I appreciate that summary. Council, any questions for
staff?
Bird: I have none.
De Weerd: Matt, do you have any comments? Thank you.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Seeing how this is a public meeting, I moved we close the public meeting, I
guess.
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Cavener: Second.
De Weerd: I have a motion and a second to close the public meeting. I know. I
think -- I have never seen a public meeting, just not a public hearing. So, this is
weird, but I have a motion and a second to close the public meeting. All those in
favor say aye. All ayes.
MOTION CARRIED: ALL AYES.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve H-2017-0060 and to include staff and applicant --
applicant comments.
Borton: Second.
De Weerd: I have a motion and a second to approve Item 10 -B. If there is no
discussion from Council, 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.
MOTION CARRIED: ALL AYES.
C. Public Hearing for Gyro Shack at Paramount (H-2017-
0059) by Jeff Likes Located 5038 N. Linder Road
1. Request: Council Review to Reduce the Required
Twenty-Five (25) Foot Landscape Buffer on the East
Property Boundary
De Weerd: 9-C is a public hearing for H-2017-0059. I will open the public hearing
with staff comment.
Beach: Good evening, Madam Mayor. Get to the slides. So, this -- a little history.
I did a hearing outline there. I did kind of an overkill and so I'd like to just explain
kind of the background on this and you should have a copy of the memo that's
written to Council from staff kind of explaining what the applicant is looking for on
this application. So, on April 6th of this year the Planning and Zoning Commission
approved a conditional use permit for a drive-thru for a restaurant that's within 300
feet of another drive-thru facility, both Dutch Bros and Sonic, and within 300 feet
of a residential use, the Linder Springs Apartments. So, if you -- Dutch Bros would
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be here where my pointer is. Sonic is just to the south, I believe here, and the
Linder Springs Apartments are in this location here. The applicant requests City
Council review of the following condition of approval associated with the
conditional use permit. So, Condition 1.3E of that staff report reads a 25 foot wide
landscape buffer to the adjoining residential uses is required along the east side
of the site, along the backage road adjacent to the apartments in Linder Springs
as set forth in UDC Table 11-2B-3, planned in accord with the standards in 3-B
and C. The applicant proposes to install a six foot and a 17 foot three inch
landscape buffer at 19 feet and 84 feet offset from the existing drive aisle. A solid
fence and approximately five foot landscape buffer were installed as part of the
Linder Springs Apartment development and are adjacent to the east side of the
drive aisle. So, the applicant is proposing that instead of the required 25 feet along
this east side, that their landscape buffers they are installing as part of this project
be sufficient and I will also mention going back to this previous plan, that waivers
were granted both for Dutch Bros and for the Sonic Drive -In facility as well. With
that staff is recommending approval and I will stand for any questions.
De Weerd: Josh, on the Sonic and Dutch Bros, were those waived because they
were in before the apartments? What came first? The apartments?
Beach: The apartments were there first.
De Weerd: Okay. Council, any questions? Okay. Is the applicant here? Please
state your name and address for the record.
Likes: Jeff Likes. 1119 East State Street, Eagle, Idaho.
De Weerd: Thank you for joining us.
Likes: I don't have a lot to say, except for the fact that the other two developments
that we have along this property have not had to do the required 25 foot landscape
setback and we have provided quite a bit of setback in there. Our drive -thru is
along the street and the apartment complex does have their six foot fence and their
five foot landscape island on our west side -- or on our east side. I will take any
questions that you may have of anything.
De Weerd: Council, any questions for the applicant?
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: Sorry. Could you articulate to us why you're requesting the proposed
change from the 25 foot? I heard because the others weren't asked, but I didn't
want to put words in your mouth.
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Likes: Well, requesting that -- we are requesting the change because -- due to --
there is already a drive aisle in between us and the existing apartment complex .
They do have a six foot fence. They do have a landscape buffer. We are providing
further landscape buffers mixed in with our parking before our drive-thru on -- well,
this is the slide, Josh. Are they are on the same slide we are?
Beach: Yeah. Everyone is -- yeah.
Likes: As you can see the apartment complex is over there to the existing
development and our -- our project is all the way to the west of that.
Beach: I apologize.
Likes: There you go.
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: Jeff -- Jeff, I'm sorry. I guess I still -- either I'm -- it's not connecting with
me or I'm not hearing you correctly. Typically when somebody comes before us
and they are asking for a change, they articulate to us the reason why and I guess
I haven't heard the reason why.
Likes: The reason we are requested the landscape variance --
Cavener: Uh-huh.
Likes: -- basically --
Cavener: Yes, sir.
Likes: -- is the existing development has not done it. So, in keeping with the
standards of what's already been developed , we have pushed our building to
Linder and, then, provided parking similar to what's already existing in the
surrounding developments north and south of us. Dutch Bros, Sonic to the south,
there is the orthodontist development next just directly to the south of us and an
extra 25 foot of landscaping isn't going to do a lot from what's already been done
today. There you go. You can kind of see a little better there on what's -- on what's
been developed currently up and down that access road.
De Weerd: Council, any other questions? Thank you.
Likes: No problem.
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De Weerd: Okay. This is a public hearing. Is there anyone who wishes to provide
testimony on this application? Okay. Council?
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: Madam Mayor. I move that we close the public hearing on Item 10-C, H-
2017-0059.
Bird: Second.
De Weerd: I have a motion and the second to close the public hearing on Item 10-
C. All those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: I would move that we approve Item 10-C, H-2017-0059, using the modified
language in the conditions of approval for the CUP, Section 1.3B, as in boy, as
proposed by the applicant.
Palmer: Second.
De Weerd: I have a motion and second to approve Item 10-C as stated. Any
discussion? Mr. Clerk, will you call roll.
Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, nay; Palmer, yea; Little
Roberts, yea.
De Weerd: The ayes have it.
MOTION CARRIED: FIVE AYES. ONE NAY.
D. Public Hearing for Goddard Creek (H-2017-0007) by
Brian Porter Located 2780 W. McMillan Road
1. Request: Rezone of 12.38 Acres of Land from R-4 to
the R-40 (5 Acres) and the C-C (7.38 Acres) Zoning
Districts
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May 23, 2017
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2. Request: Amendment to the Comprehensive Plan
Future Land Use Map to Change the Land Use
Designation on 12.38 Acres of Land from Office
and High Density Residential to Mixed-Use
Community
3. Request: Conditional Use Permit for a Self-Storage
Facility Consisting of Ten (10) Buildings on
Approximately 7.38 Acres of Land in the Proposed
C-C Zoning District
4. Request: Conditional Use Permit for a Multi-Family
Development Consisting of Eighty-Two (82) Dwelling
Units in the Proposed R-40 Zoning District on Five (5)
Acres of Land
5. Request: Preliminary Plat Approval Consisting of
Twenty-Two (22) Building Lots, and Five (5) Common
Lots on 12.38 Acres of Land in the Proposed C-C and
R-40 Zoning Districts
6. Request: Amendment to an Existing Development
Agreement (Lochsa Falls Inst. #103012598) to
Update the Development Plan for this Site from Office
to Multi-Family and Self Storage
De Weerd: Item 10-D is a public hearing for H-2017-0007. I will open this public
hearing with staff comment.
Beach: Very good, Madam Mayor. This application is for quite a few sub
applications, so this is for a Comprehensive Plan map amendment, conditional use
permit for a multi-family development, an R-40 rezoning district, a conditional use
permit for a self-storage facility in a C-C zoning district, a rezone, a preliminary plat
and a development agreement modification . So, the subject property consists of
approximately 12.38 acres of land, which is currently zoned R-4 and located at
2780 West McMillan Road. To the north are the Selway Apartments, which are
zoned R-4. To the east is residential property zoned L-O. To the south is West
McMillan Road and single family homes in the R-4 and R-8 and RUT zoning
districts. And to the west is vacant commercial property zoned L-O. This property
was granted annexation, preliminary plat, and a conditional use permit as part of
the Lochsa Falls Subdivision in 2002. It has a development agreement on the
property currently. The conditional use permit allows for 11 office buildings to be
built within the R-4 zoning district and the subject property is one such property
selected to have office uses. The Comprehensive Plan future land use map
designation for the property is split, with high density residential and office. So,
the summary of the request for a rezone, the applicant requests approval to rezone
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May 23, 2017
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12.38 acres of land from R-4 to R-40, with approximately five acres and from R-4
to C-C of approximately 7.38 acres, which are consistent with the future land map
designation of the mixed use community. There is a development agreement
modification to the existing development agreement. It is requested to remove the
property from the existing development agreement and to enter into a new
development agreement with the associated concept plans and elevations . The
applicant proposes a -- so, this is the proposal for the Comprehensive Plan as I
said previously. High density residential and office with the split there on the north
and, then, proposing to change it to mixed use community. The preliminary plat
proposed for the project consists of 22 residential lots, one commercial lot and five
common lots on 12.38 acres of land in a proposed C-C and R-40 zoning districts.
Access to streets is required to comply with the standards of the UDC. The
applicant is requesting a Council wavier to allow for direct access to West McMillan
Road for the storage portion of the project. ACHD has approved the proposed
access point. The proposed plat depicts access for the multi-family portion of the
project via West Apgar Creek Lane, which is located approximately here where my
mouse is there. Minimum of ten percent of the multi-family portion of the site is
required to consist with qualified -- qualified open space in accord with the
standards in the UDC. A total of 1.56 acres of qualified open space is proposed.
The applicant has proposed to include several amenities, including bike storage,
a 50-by-100 foot play field, a community garden with six rentable raised beds,
walking trails, and a playground facility with an adjacent shelter seating area, which
will comply with the UDC standards as far as the amenities are concerned. Moving
onto the first conditional use permit, a conditional use permit is requested for the
multi-family portion of the project. The proposal consists of 82 dwelling units,
which consists of 12 townhouse buildings, each unit containing two to three
bedrooms. The applicant is required to comply with the specific use standards set
forth in the UDC for multi-family developments. Moving onto the self-storage
portion. There is a conditional use permit required for self-storage in the C-C
zoning district. There are some specific use standards for self-storage within the
UDC that the applicant is required to comply with . The multi-family plan depicts a
total of 205 parking spaces, 94 enclosed garages, and 94 parking pads in front of
garages. Both of these projects are required to apply for and obtain certificate of
zoning compliance and the design review. The multi-family portion -- they have
submitted some elevations for those that will be included in the proposed
development agreement. A little summary of the Planning and Zoning
Commission. This was seen by the Planning and Zoning Commission at March
16th and April 20th of this year. Summary of that -- I guess just to back up.
Planning and Zoning Commission in their first hearing requested that they make
some changes to their plan and they did so for the April 20th and on April 20th the
Planning and Zoning Commission did recommend denial of the project. Summary
of the hearing. Shon Parks, James Doolin, and John Carpenter were in favor. In
opposition were -- and commenting were a large number of individuals. Happy to
name them if -- if requested, but there is a long list. Staff -- presenting the
application was myself. Bill Parsons also commented. Key issues of public
testimony were concerns over the proposed number of parking spaces for the
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May 23, 2017
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development. The neighbors did not see the number of spaces as being adequate
for the development. Concerns over the amount of traffic in Goddard Creek and
how this project will increase the traffic coming out of the Selway Apartments,
which also uses Apgar Creek Lane as their access. Concerns that the
Comprehensive Plan amendment would be extremely damaging to surrounding
residents. Concerns that the current residents that purchased their homes with
the knowledge that this area would be developed in accord with the current
Comprehensive Plan. Concerns that the project wasn't noticed properly. The
issues of discussion by the Commission were design of the open space and the
number of amenities proposed. Performance with the existing Comprehensive
Plan and the existing development agreement, which proposed a certain number
of apartment units for the development agreement, of which almost the entire --
the entire number were included in the number of apartments in the Selway
Apartment community. Concerns over traffic in the area with access parking in
location at the entrance to the multi-family project. Concerns about the large
number of apartments that would be in the area if this were approved. Commission
changes to staff recommendation. The Commission voted to deny the subject
application based on maintaining the integrity of the current development
agreement. With that staff will stand for any questions you have.
De Weerd: Council, any questions at this point?
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: Just one quick question for Josh. Can you maybe go a little deeper into
the -- what the concerns were that the project wasn't properly noticed?
Beach: Sure. There was several concerns that neighbors did not receive -- this
was -- all happened about the same time as the previous mentioned
Snowmageddon, I guess we are calling it, that happened this year. There were
concerns that maybe due to that some of the surrounding residents did not receive
a notice. We have numerous times and during our Planning and Zoning
Commission reviewed those folks that we sent that notice to and they were -- as
far as our records are concerned we sent notices to those folks. It was signed
according to the posted -- the signs on the site were where they should be, so we
reviewed that at length.
Cavener: Great. Thank you.
De Weerd: Okay. Any other questions at this point? Okay. Is the applicant here
this evening? Good evening. If you will, please, state your name and address for
the record.
Seel: Yes. It's Jonathan Seel. 2906 Haven, Eagle.
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May 23, 2017
Page 25 of 99
De Weerd: Thank you.
Seel: Good evening, Madam Mayor, Council Members. First I might mention to
you -- and some of you are already aware. I worked for Winston Moore for 18
years and one of the things that I learned with Winston is that he keeps a high
standard of quality with his projects and the reason I'm here in part tonight is
because Mr. Moore is currently with Mr. -- working with Mr. Doolin on a project
potentially at Center Point Marketplace and the reason he's doing it is because --
not that he has to do it, he's in that nice position that some of us wish we were in,
but because he's impressed with the quality, the design, the thoroughness of it and
also the character of the developer. So, I'm not suggesting tonight that I mentioned
and you should just accept that or Winston Moore like -- that you're going to like it
and you're going to approve it, but simply that, hopefully, that -- that shines
somewhat of a positive light maybe on this project. I know in the last couple
Planning and Zoning -- or Planning and Zoning Commission hearings some of the
residents stood up and expressed concerns and there was also letters and what I
would like to do first is, hopefully, address those -- address those that they might
have concerns on your part and maybe, hopefully, I might alleviate some of the
concerns of the residents. One of the things that I found was interesting -- in the
HOA letter from the president, it mentions in there for profit rental business have
only a profit mode. I don't know about anybody else, but I am motivated by profit.
I think we are all. But I think if we step back for a minute between the first P&Z
hearing and the second one, Mr. Doolin -- Goldman. Sorry, I keep wanting to
pronounce his name wrong -- reduced the number of units from 82 to 74. He also
reduced -- increased the parking from 202 to 205. Now, that doesn't sound like a
lot, but when you think that you have reduced the number of units, that number --
it's increasing. So, in other words, in going from a 2.5, he funded 2.77. He still
exceeding the required limit. He adjusted the access off of Apgar from 80 feet to
220 feet back to address the stacking units. He increased the amenities to five
and, again, with 75 -- 72 units in this case, he's only required to have four
amenities, but he has the garden, he has the open area --
De Weerd: Jonathan, will you --
Seel: I can hear myself. Use the microphone on that side.
Coles: Madam Mayor, we have two microphone posts there, but one isn't working,
so it's the only one we have at the moment.
De Weerd: Oh.
Coles: We will have a second working microphone post in a couple of weeks.
Seel: Anyways, I will try to do that. He's got the community gardens, the internal
walking paths, the open areas, the playgrounds, the bike storage. He's also
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May 23, 2017
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increased the open area to 1.36 acres, which is 124 percent of the open area. So,
yes, there might be a suggestion that he's motivated by profit, but I think what Mr.
Doolin has demonstrated here -- he listened to the condition, he listened to the
residents and he tried to adjust his development to satisfy their concerns. You
know, we all recognize that compromise -- most people walk away from the table
and nobody's happy, but that's -- that's a definition of compromise. But I think here
he's not a one trick pony. He intends to do future developments within the City of
Meridian. Obviously Center Point and others. So, he wants to take in
consideration the concerns of the neighbors to try to adjust them and also to the
city and staff. So, I think he's done a fair job at that and I think it reflects that he
as a developer is a quality -- and also a quality project. Another one that came up
in here -- I know some of the residents mentioned that they bought this property
-- their property, the residents, in part because this is L-O zoned. It's interesting -
- and I have been in front of you before on the same thing. As a developer you try
to put together a concept plan of what you think -- the city says I want a concept
plan and so you put together what you envision it to be at that time , but things
change, sectors change, maybe this office market is not as hot as this, or the
residential or what have you and so the city I think recognizes that also , because
they give us the opportunity to come back to you to modify -- whether it's a comp
plan, it's a DA or many of the other applications. You can't simply force a developer
to say this is what you got to build and if you build it they will come. So, you have
the option of either building things that potentially will not be occupied or you have
vacant land sitting out there and I think the vision of the City of Meridian is to want
to continue to grow in a quality way. It also mentions in here that -- that the current
office market -- if you talk about that, the L-O zone, this is where we get back to
the fact of how the market is changing. All you have got to do is drive up and down
many of those streets, including the land directly to the west of this project. It's
zoned L-O and it's been vacant. What I'd like to do is just take a moment -- I have
got a couple of letters here, one from Mark Bottles that has done resident-office in
the area and I will just read it very briefly. He said basically the market has
changed significantly -- this is with L-O. Office. Significant driving this property
tight and the demand has shrunk considerably. The inventory created through the
mid-2000 boom still hasn't been absorbed and many projects have been brought
even more inventory to the market of late date. To require -- under this
development agreement for the city to require this, all you're doing is exacerbating
what is already a problem. There is also a letter here from Dave Evans and they
have a property over at Meridian and Ustick. It's currently 60 percent built, but
since 2006 it's had zero activity. If you go up to Ten Mile you can see all kinds of
signs. Let me remind you it's not just L -O, it's the L-O and it could also be
commercial, which can be office. There is simply not the demand for it, but there
is demand for other uses. So, I will mention that. Also we have mentioned that --
that ACHD's requirement -- let's assume for the moment it is office, okay? It stays
office. There may be a misunderstanding on the part of the residents that all the
traffic is going to go out to McMillan. That's not the case. ACHD's policy is, yes,
you will go out to McMillan, but you will also have access to a lesser functioning
street. The thinking for there is -- is so that maybe the surrounding community
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can, then, use that local street to get to this office, which, of course, could very well
be used by other people. So, it's not going to eliminate the access simply to drive
it all the way out to McMillan. I think also there is a -- there is a perception out
there that office is going to be less intrusive. If you think about in the L-O zone
you're allowed to operate from 6:00 o'clock in the morning until 10:00 o'clock at
night. Okay? There is many uses in there, but some of the uses, for example, are
private and public education, daycare, healthcare, or social services. There is a
possibility -- I'm not saying it's an absolute, but there is a possibility that there could
be businesses that are open verily early in the morning or could be open up very
late at night. Also you're going to -- you have parking lots as we all know and
parking lots have lights and, yes, you want to drive those parking lot lights down,
but they are still going to be visible. So, there is going to be an impact there. I
think the other thing is -- in there is the fact that even Meridian -- staff has brought
this up and you probably have directed this in the past. The desire within the city
is to go from a less intensive use to a more intensive use. If you look at this project
you have on the east side of Goddard you have single family. If this project goes
through you have what -- they call them multi-family and I -- I have an issue with
that, but I will get to that later. Then you have self-storage, then you have L-O,
then you have commercial. You have that nice transition of intensity, which is what
the city wants. So, I think that's an important consideration here, too. I know some
of the people talked about the fact that they don't want to access of Apgar, but staff
has said that they -- this is where they want access. I have also talked to ACHD,
Christy Little over there. Their position as staff at ACHD is we want access off
Apgar and the only way that you will be able to potentially achieve it is going -- to
get it off McMillan is go in front of the Ada county commissioners and we as staff
are going to oppose it. I may not be the smartest person in the room, but I can
generally tell when I'm climbing uphill on something and I think that's it. There was
a discussion about school overcrowding. There is actually a letter in here that talks
about the fact that the lower schools, the middle schools, are basically near
capacity and yet the high school is over capacity. But I would also mention there
in the staff report that Ada county -- or Ada West did not send any comments back.
In other words, they did not have any concerns and the applicant actually
contacted them and expressed no concerns about that . They are going to have a
middle school open in 2018 and they are planning for a high school in the future.
The bottom line is schools, as we all know -- I have been faced with it, you have
been faced with it -- Ada West is always just a half step behind where -- the idea
of they are supposed to be and why is that? That's a result of growth. That's
something we all deal with. We know like clockwork we are going to get a notice
saying there is a bond election at some point in time. Park access was another
issue that was brought up in here. The neighbors in the surrounding community
were concerned that -- that this project was going to use their park. It's a private
park. I can understand that. But again -- if we can bring up the site plan, Josh.
The colored one, please.
Beach: I don't have a colored one here.
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Seel: No? Okay. Well, go back to the black and white. I always like color, so --
okay. In this one, as we mentioned, we have open areas, we have a playground,
we have community gardens, we have a sitting area, we have walk paths, and
more than a fair amount of open area. This will give these people the incentive to
stay here. But I also will mention that within the City of Meridian over here you
currently have got 19 parks with like 240 acres, with more planned, and, by the
way, this development will also be contributing with park impact fees to that. So, I
think the residents in here have a myriad of options to select from if they do choose
to park. Traffic. And I guess if this is all you have it didn't get there. The traffic
engineer could talk a little bit about it, but we have something here. There was a
traffic report put out by the Meridian Police Department. Since 2011 there has
been three -- and we can provide this documentation to you -- three accidents at
Goddard and McMillan and they have been property damage ones. No fatalities.
No injuries. Now, someone might say, well, okay, maybe not all the damage ones
have been reported and that may be the case and I can't argue that one. But
certainly if it was a fatality or it's an injury, I got to believe that it would be reported.
Also Ada County Highway District did not require a traffic study here. If they have
concerns with traffic they do require that. They did not see any concern with traffic
at the intersection. And I'm going to have -- at the end I'm going to have -- well, I
guess I should step back. Some of the residents also said, hey, we would like to
see a traffic study. Well, the applicant has done us a traffic study and the traffic
engineer, after I get done, will get up and talk about that and address I think in
more detail what I don't always understand. But let me get to what I think is the
key thing here.
De Weerd: You need to speak into the microphone.
Seel: Oh. Sorry. I think the key thing here is the fact that this is called multi-family
and rental and I think that's the rub. As you may recall for some of you, I came in
front of you with Redtail Apartments, Iuxury apartments here several years ago.
Submitted that and also came in -- in front of you with the park impact fee
ordinance. I don't know if I should mention that or not, but, anyway, in doing that
research and something and also observing with Redtail Apartments over there at
Victory and Meridian, what we saw is there is a paradigm shift in the thinking of
people. You know, there was a time when -- when I think most of us wanted to do
is -- as soon as possible buy a single family home. We didn't care what it looked
like, as long as we got that. That was the key thing. But what we are seeing is we
are seeing a transition. I'm not seeing this ground swell, but what you're seeing is
people are saying, no, I don't want that single family home. You know, I want the
flexibility to be able to move quickly. I don't want the maintenance. Maybe I don't
want a mortgage. I don't want to be saddled with ill-liquid asset. Right now it's
great, but we all remember 2006. Maybe they retired and they want to pull their
equity out. But the point is they want to have a nice residence that they can go to,
you know. They want something that -- that will mirror maybe -- maybe a single
family home and I think this project will do that. There was comments about -- and
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I can pass this one out. There was comments about crime in the area. Crime and
vandalism that would -- that would cause --
De Weerd: If you want to give it to the clerk he will make sure --
Seel: Oh. Sure. If you look at the police reports for Selway Apartments and you
look at the police -- also the police report for the surrounding community, on a
yearly basis the amount of police calls for the surrounding subdivision was .83 per
unit per year. For Selway it was .92. I don't see that as an overly material
difference in there in any way -- yeah. I'd like to say that. That's the research from
them, so -- so, I think what I would say is from a purely technical standpoint , yes,
you could -- you could define this as multi-family, but I really question that it's truly
multi-family. In fact, one of the Planning and Zoning Commissioners made the
comment -- he says this is not typical multi-family. To me multi-family is one above,
one below, one to the left, one to the right. In this particular case -- can we show
the elevations, please? And I'm sorry they are not color for you. Maybe we got
color. Yeah. We got color. Okay. Right here. Look at that and tell me does that
-- when you look at that does that say to you multi-family? To me this is residential.
This is single family. These buildings were not attached. They would be single
family. These buildings are fifteen to eighteen hundred square feet. By the way,
Selway -- Selway Apartments are three bedroom, two bath, 1,150 square feet. So,
you got -- you got a different thing here. They all have three bedrooms, two and a
half baths. The three story with the one car garage with parking in front. The two
story is a two garage with parking in front. Okay? The -- the rent on these runs
from 1,300 to 1,450 dollars --
De Weerd: Jonathan, your time has just run out.
Seel: Okay. I'm -- I'm almost done.
De Weerd: You need to summarize.
Seel: Okay. Yes. Thirteen hundred to 1,450 dollars a month. I think that's a pretty
fair house payment. I'd also mention -- and here is the critical thing that I want to
emphasize. There is strict CC&Rs in here, which is --
De Weerd: Jonathan, you need to summarize.
Seel: Okay. This is a really critical part, Mayor, I can -- I will finish really quick.
De Weerd: But your time is up.
Seel: Okay. But could -- if I could do just this and, then, that will be. This is an
important part. Please.
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De Weerd: You can wrap that into your -- your final remarks as well, but your time
is expired.
Seel: Okay. So, I --
De Weerd: So, you can bring that up at a later point.
Seel: Okay.
Palmer: Madam Mayor?
De Weerd: Mr. Palmer.
Palmer: There are a ton of deep points kind of going into this project that I think
the typical 15 minutes and with the applicant's efficiency in addressing a lot of the
issues, I would love to at least award him another three to five minutes, instead of
--
Seel: Three minutes and I'm done.
De Weerd: Well, as I understand it, he has other people talking about this
application, too, and they only have three minutes each, so --
Seel: I will take one of theirs then. How is that?
De Weerd: If Council would like to -- to hear his final comment, I -- I will cede to
your direction.
Borton: Sure.
Bird: Go ahead, Mayor.
Seel: All right. This is it. I think this is very critical and this is why I want to
emphasize this. There is strict CC&Rs in this project. There are 35 pages of it.
They address the fact that there is a property management office, that there is an
ongoing maintenance fee, both initially and to support ongoing maintenance, as
well as current maintenance and it's also very strict about the outside and literally
everything on the outside of these buildings has to be maintained by the
association. That is the walls, the roof, the driveways, the garage doors,
everything. So, when you walk through one of these projects, you know, you're
not going to look at it and say this is a rental, okay? It's going to be strictly
controlled and so I think that's important and, hopefully, that's important to the
residents of the surrounding community. So, the bottom line -- and I'm done -- you
have got -- this is another option for the community. You have got the single family,
you have got the multi-family here, and now you've got something that's in between
and I think if you go through your comp plan and vetting your stuff, that's what the
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City of Meridian is trying to encourage, they have other options for housing and
this provides it. Thank you. I will stand for questions.
De Weerd: Thank you. Council, any questions?
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: Jonathan, based on some comments that you just made, are these four-
plexes to be individually sold to separate owners? Is that -- am I correct on that?
Seel: Madam Mayor, Council Woman Milam, no. Each unit -- when I say that,
there is like four of them in there. That whole thing will be sold. So, it's not
individual.
Milam: Right. But each building --
Seel: Each cluster, for lack of a better word. Yes. Yes.
Milam: Thank you.
Seel: And keep in mind, that they have got -- they have got an incentive there,
too, to maintain that and it's quality, it's an investment for them, so --
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: Jon, since your presentation you -- you talked earlier about listening to
some of the residents' concerns and reducing the amount of these clusters -- I
think is the term you used -- from 82 -- at one point you said 74 and they said
72 --
Seel: Seventy-two. If I did I'm sorry, too. Eighty-four to 72. My correction. I'm
sorry. I'm sorry.
Cavener: All right. So, 74 or 72. Seventy-four. Okay. Thank you. Madam Mayor,
an additional question. Jon, I appreciate your referencing Redhawk on Victory and
Meridian. I think that development is the gold standard for multi-family in Meridian.
It's spread out. It's not large structures. I think it adheres well to our community
and so with you referencing that I'm curious if you could share with me some
comparisons and things that I would see in this proposed development that I
currently find in that other development on Meridian and Victory.
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Seel: Yes. Madam Mayor, Council Members, if you -- if you look at Redtail
Apartments, for one thing, it's running approximately 105 percent occupancy.
Now, you say wait a minute, how can it be 105 percent, there is only a hundred
percent of the space. Because they have a waiting list in there. But because they
put the quality into the interiors. I was involved in the construction, too. It's also
the amenities. In other words, again, it's encouraging people with a pool, with the
clubhouse, with a variety of things that encourages the people to stay there. In
other words, instead of getting on the road, which I know you like to keep people
from traveling any more than necessary, it is also a -- of a quality level that -- that
attracts the type of people I have talked to that don't want that single family home
or don't want that flexibility of it. This is -- to me is another continuation of that. It's
a step up in quality. So, I don't know if I have answered the question or not.
Cavener: Madam Mayor, follow up if I may. I guess I want to drill a little deeper,
because I didn't see a clubhouse or pool in the proposed development that's before
us tonight, which you referenced. So, maybe, then, you could talk -- is it -- the
word luxury gets thrown around a lot and it's an arbitrary term --
Seel: Yes.
Cavener: -- and I like specifics and so when you say luxury rental, what specifically
makes this rental a luxury item?
Seel: Well, Madam Mayor, Council Members, I think what this says -- one thing
you have to step back and realize -- when you looked at -- at Redtail Apartments,
that was like 40 acres. This is like five. There was 360 units in there. So, they
are going to add a certain amount of other amenities that -- that this one just can't
simply justify, nor you couldn't put a pool in. You couldn't put a large clubhouse in.
I mean you could, but what do you have left. But what I'm trying to drive at is that
the residents -- the residence itself -- I said in this particular case I think represents
the quality of a single family home. It's three bedrooms. It's 15 to 18 hundred
square feet. It's garage. So, it offers those type of things that if you wanted a
single family home, but you didn't want that, what I was trying to drive by with the
luxury is -- is that there is a paradigm shift away from everybody wanting to own a
single family home, but people wanting rental, but wanting a quality rental, you
know, and they don't want to have to just go and get a simple, you know, apartment
building with four walls and just a cheap, simple construction. So, I think that's the
difference I'm trying to drive home.
Cavener: Madam Mayor, Jonathan, you know, I appreciate you and Winston
Moore, I think you guys have a strong track record and so I guess I will give you
one more shot to maybe articulate -- we have a lot of developments that have
garages and four walls and multi-story. Some are great and, boy, some I think the
developers wish they had a do over on. So, I think in terms of trying to listen to
some of the citizen's concerns, which I applaud you for doing earlier in your
testimony, I guess I just want to give you one more opportunity to articulate to me,
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May 23, 2017
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who is not a developer, I'm John Q. Citizen. Explain to me why you market this as
a luxury item and, again, with your referencing Redtail as also -- that's my
barometer. Really, can you share with me what makes this development so similar
to that, besides they have got a garage and a pool?
Seel: Madam Mayor, Council Member, I think we are getting hung up with the
luxury. What I was trying to drive home -- I'm not implying that this is some type
of luxury building, okay? What I am saying is is that there is that paradigm shift,
like we saw at Redtail where people want something that is nicer than your
prototypical apartment building that we have seen over the years. What this is --
what I'm saying is if you look at the quality of this, you know, with the architecture,
the design, the amenities they do have -- and they can't compete against a 40 acre
development -- that I think it's a quality development and my -- if I suggested to
you that this is luxury, no, no. What I'm saying is that this a quality, that this is
another option out there that's available. So, maybe that's where we are having a
challenge as far as communicating and, if so, I apologize for that.
Cavener: I appreciate that. Thank you.
De Weerd: Any further questions from Council at this point? Thank you, Jonathan.
Seel: Thank you. And I apologize for the delay. Appreciate your patience.
De Weerd: Thank you. I will go to the sign-up sheet.
Coles: Thank you, Madam Mayor. David Valasquez signed up against. Does not
wish to testify. Richard and Diane Hurdigan signed up against and does not wish
to testify. Reed Jones signed up against. There was no indication of testimony.
Jonathan Forsythe signed up against. No indication of testimony. Don --
De Weerd: So, when you hear your name if you didn't sign up to testify, if you want
to, please, let us know at that time when your name is read. Okay. Thank you,
Mr. Clerk.
Coles: Thank you, Madam Mayor. Don Fleck signed up against and wishes to
testify.
De Weerd: Good evening. Thank you for joining us. If you, please, state your
name and address for the record.
Fleck: Don Fleck. I live at 5197 North Blackstead Avenue.
De Weerd: And, Don, can you pull that microphone up a little bit. Thank you.
Fleck: Okay. As a long time resident in the community there I was -- through the
process of the building of the Selway Apartments and the commitment was
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reaffirmed to the community at that point in time that 171 units would be the
variance that was allowed in the initial planning for that community. That was done
for the Selway Apartments. So, the commitment, then, falls back on the City
Council to honor that previous commitment that was made then . Now, I have no
objection to a storage unit being there. What I have a problem with is we have 171
units with traffic from that and now you add onto that another 74'ish units that the
number seems to change, as well as the picture seemed to change as well. So, I
have seen an advertisement for this particular unit, you know, marketed. That's
not the picture that I see there. So, I'm not sure what's real for this development I
know when you look at the -- the overhead view of what they are planning, it doesn't
look like any other different multiple family designated development. If this is to be
residential, make it R-4 as it's already platted to be. There is plenty of demand for
R-4 residential units out there already. You can strike the development as office
space, that would be fine. They can even build the whole thing in storage. I don't
think the residents there would have much problem with that either. Not that much
traffic involved in that kind of business. They mentioned a traffic study that they
had done, you know, and these studies are interesting, because you can show
many things with numbers. You can show minimums. You can show maximums.
And I looked through the summary that they gave and it appeared that they were
showing minimums and not including the Selway Apartments in their study of the
amount of traffic that's going go out on that -- on that street. In particular Apgar.
As a resident of that area I typically avoid going out on Goddard Creek because of
the traffic, especially in the morning and in the evening, because it does back up
there and I had -- I can't talk about what is on Apgar, but I know if I am avoiding it
-- in fact, I have driven down Apgar myself to avoid the back up of traffic on
McMillan there. So, I guess my main point is we have a large number of
apartments in there now. I have nothing against apartments. I'm a real estate
investor myself. But these people that are buying and trying to build this section,
they don't live there. I don't even know if they live in the state. It doesn't matter to
me.
De Weerd: Mr. Fleck, can you summarize, please.
Fleck: Yes, I will.
De Weerd: Thank you.
Fleck: Thank you very much. And I would just ask that you honor the commitment
to the citizens that live in this community to the multi-family units that were there
and not to add anymore high density residential components to that community.
Thank you very much.
De Weerd: Thank you.
Coles: Sherry Fleck signed up against. Does not wish to testify. Dan Fisher
signed up against and wishes to testify.
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May 23, 2017
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Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: First before you provide testimony, I need to do this before Mr. Fleck
came up. On this application I have been contacted by residents both in favor and
against, sharing their opinions with me, both via phone call and e-mail. With each
contact I informed them that as a City Council Member we are not allowed to
provide any commentary while not on the record, but that I had to acknowledge
and receive their feedback. But it's important to disclose that as we move into the
public hearing process tonight.
De Weerd: Thank you.
Fisher: Good evening, City Council. This is my first opportunity to see you all. I'm
very impressed with the work that's been done tonight. First of all, I'd like to start
off --
De Weerd: Can you, please --
Fisher: Oh, sorry.
De Weerd: -- start with your name and address.
Fisher: Dan Fisher. 2382 West Apgar Creek Drive.
De Weerd: Thank you, Dan.
Fisher: All right. Thank you. The Lochsa Falls development agreement of January
2nd, 2003, states clearly the maximum 171 multi-family units would be developed
on this site. The home purchasers, myself included in the Lochsa Falls
Subdivision, purchased their homes in good faith on what would be developed on
the property. The Meridian Comprehensive Plan calls for suburban office to be
developed on the property and this was reaffirmed -- I believe the Comprehensive
Plan was reaffirmed in 2016 that this is the -- the plan, the vision for our city. I
think that putting 74 -- 74 units -- but if you have three people per family that's a lot
of human beings stacked like sardine cans in kind of a stairwell style apartment on
five acres of land. That's just as -- that's absolutely -- that's pretty crazy, in my
opinion. I think that there are a lot -- there are other properties in the City of
Meridian that would be well suited to this development . I think the -- the exteriors
of the buildings are very nice, but there is plenty of other spaces within the city
where this would be a good fit and not such a tight fit with all the -- the different
access points. But I would just like you to remember to go back to the vision for
our city and what we -- as we develop the Comprehensive Plan what we would put
there and, again, please, honor the development agreement that was signed with
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Lochsa Falls in 2003. That's all I have to say and thank you very much for your
time.
De Weerd: Thank you for coming.
Coles: Penny Fisher signed up against, with no indication of testimony.
De Weerd: Thank you for joining us. If you will, please, state your name and
address for the record.
P.Fisher: My name is Penny Fisher. I live at 2382 West Apgar Creek. My home
is the corner lot on Apgar and Goddard, so I will be seeing this if it is approved.
One of the things I want to address today is -- I'm not going to talk about traffic, I'm
not going to talk about overcrowding. The fact of the matter is they have the
Selway Apartments, 171 units, the Comprehensive Plan that was approved. It was
my understanding that this -- the apartments, as well as the storage units, were
together in one application, because they needed the zero traffic with the proposed
storage units to fit into the -- I guess the formula for traffic. If you just took the
apartment itself without that zero, it was too high. That was our understanding.
One of the things I was there at the meetings with the zoning and planning , they
did agree that the units are beautiful and they would have -- I'm not sure exactly
who said it, but they did agree that it would be better suited for somewhere else
and that was the reason why they -- they disapproved it was because of the high
density and they also did not feel that it was the best thing to go against the prior
commitment that -- in 2003. So, for these reasons I do wish for you guys to decline
and disapprove this property. Thank you.
De Weerd: Thank you, Penny.
Coles: Bill Wade signed up against and wishes to testify.
De Weerd: Thank you for being here tonight. If you will, please, state your name
and address for the record.
Wade: This might be a little difficult for me, since -- my name is Bill Wade. I live
at 2244 West Apgar Creek Drive.
De Weerd: Thank you, Bill.
Wade: Thank you. I'm going to just read, because I sort of prepared this and it
will keep me within the three minute frame, because -- I wish I had the same
amount of time to address as those looking to submit this. I want to first thank the
Council for hearing our request to hopefully deny this rezoning of the 12.38 acres
of land from R-40 to R -- from R-4 to R-40 and C-C located at North Goddard Creek
Way and McMillan Road. The previous meeting I stated that the traffic flow alone
since the installation of the Selway Apartments has created their share of traffic on
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Apgar Creek, which has been self-directed over time based upon convenient
access to Linder Road and/or McMillan Road to avoid delays by exiting North
Goddard to McMillan. This increased traffic flow on Apgar Creek has certainly
impeded and put our safety and our family's safety in harm's way. Apgar Creek
has one of our community's largest parks less than a quarter of a mile from the
proposed apartment development and safety is a concern. The speeds in which
teens and adult drivers from the Selway and within our own community can truly
be frightening at times. As parents my wife and I took it upon ourselves two years
ago to reduce our daughter's activities of playing in the front yard or while riding a
razor or a bike near the street due to our concern with the amount of traffic and
speeds on Apgar. It only takes one event to -- to have a tragedy. So, I don't agree
with only having three findings of accidents there. I sell insurance. Auto. Home.
Life. I get those calls every day. So, it only takes one. It only takes one and one
matters to me. In addition to this concern, I also got this sincere feeling that -- at
the last meeting, city planning and development representative was actually
working for the applicant versus for the citizens of Meridian. The Selway
Apartment complex is large. It's 171 units and that's more than sufficient to meet
the housing needs of future homeowners and renters that choose to reside within
our community. Adding an additional 74 units would only devalue the property of
those living in close proximity the complex, while the pockets of the investors would
be filled and they would certainly maintain, but over time properties do devalue.
With apartments it's just an historically effect. So, as much as they say they care,
in the end it is about their profitability and as current homeowners that have
invested our time and our hard earned money in the community, we would rather
see something placed there that would benefit all of us and to add value to our
daily lives in the short and long term and to add to our profitability. After all, that is
why we chose the community. It is my opinion that many others -- and many others
that small business development would ease traffic tension in the evenings and on
the weekends, while actually providing services that can actually be used by those
in the community. I would ask that this request again be denied, that the zoning
remains as the city originally intended. In conclusion I ask this one question based
upon the comments today and would like to paint a quick picture --
De Weerd: Mr. Wade --
Wade: Is my time --
De Weerd: -- your time is up. Can you summarize?
Wade: Absolutely. Let me ask this one thing. This is my reality and many others
here today. Please put yourselves in our shoes. If you truly do, there is no way
that you can you can answer yes to adding this additional development , because
we placed our time into the community and we would just ask that the city pay that
back upon us the citizens. Thank you for your time.
De Weerd: Thank you. No. Please. You can clap internal. Okay.
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Borton: Madam Mayor?
De Weerd: Mr. Borton.
De Weerd: Mr. Borton.
Borton: Can everyone in the back hear? I saw some -- you're okay? Okay. It
looked like some people were leaning a little, like it might have been hard to hear.
Coles: Cheryl and Steve Tolman signed up against and wish to testify. Marcia
Dennis signed up as neutral with no indication of testimony. Willie Taylor signed
up against and wishes to testify.
De Weerd: Good evening. Thank you for joining us. If you will, please, state your
name and address for the record.
Taylor: I'm Willie Taylor. I live at 511 -- or 5001 North Chimney Peak, which is the
corner of Apgar and Chimney Peak, just down the street.
De Weerd: Thank you.
Taylor: So, I appreciate your time. So, through what I have heard today, some of
the questions have been asked and some -- as a concerned citizen, you know,
talking about business hours, 6:00 to 10:00 p.m., I'm perfectly happy with 6:00 to
10:00 p.m., not 24 hours a day running through my neighborhood. I also do wish
to ask that you respect the agreement between the Lochsa Falls and what was
already agreed with the Selway Apartments. I also feel it's interesting that we talk
about paradigms when we talk about single family homes versus apartments. One
of the reasons why we moved into this is because we wanted our single family --
or I do appreciate that it is an apartment and I -- I understand that. I have lived in
apartments many times in my life and I needed that and so -- but I did desire -- as
for not wanting to do the things, there are different models that can be used for
single family homes where it is provided by the developers as we have in Meridian
where it is provided so that they cannot have to do landscaping and other things
like that and I wish we would explore different options in that. But I'd like it to stay
as a business office entity and -- because I think that will help us in the community
grow and we have a way we can tax ourselves for buying stuff and providing
services that we can use in the community and that's what I ask. Thank you.
De Weerd: Thank you.
Coles: John Carpenter signed up in favor and wishes to testify.
De Weerd: Thank you for joining us and if you would, please, state your name and
address for the record.
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Carpenter: I will. Good evening. Thank you for having me. John Carpenter. TO
Engineers. My address is 332 North Broadmore and I'm going to flip through this
presentation, Josh, if that's all right with you and I will be quick.
De Weerd: You do have three minutes.
Carpenter: I will be really quick. The project location as shown here -- if my mouse
works. To the west of this is light office and, obviously, to the north is Selway and,
then, single family. This map shows you just the general surrounding areas. As
noted earlier, the planned unit development for this project Lochsa Falls was
approved in 2002. It sat idle for the last -- sat idle for the last 14 years. Sorry
about that. The project is 12 acres. Seven of the acres is storage units on the
west side. On the east side is the four-plexes. The concentration -- or the -- most
of the comments we had on the project is for the four-plexes, so I'm going to hit on
them. Some of -- some of the attractions that were asked earlier is architectural
facades. We have a lot of landscaping on this project. We have tried to beef up
the interior and we beefed up the buffers. There is a lot of walkable space on this
project, not only on the perimeter, but through the interior. If you look between the
storage units and the residential, there is actually a pathway that gets you out of
Selway Falls down to McMillan. It's a really nice transition between single family
over to the light office. So, instead of having the storage units next to Goddard, it
gets us from single family, a little higher density, storage units, light office. Of the
five acres on this we have 1.36 acres of open space. So, there is actually quite a
bit of open space. It was said earlier we are proposing R-40. We are actually
proposing R-15. When we started with Planning and Zoning it was R-40. It was
requested that we drop it. We lost those units. It was 74 units. We are asking for
R-15. Nothing more. Our parking did go up and if you look at the parking -- I will
touch on it briefly. We have way more parking than what's required and we have
got -- we have got it split, so visitors coming in are easily parked and don't have to
walk a long distance. It's not all in one spot. Minimum open space required is just
over an acre. We have almost a half acre more than that. Our parking is shown
there. For Meridian we have to have two parking stalls per unit. We have almost
three. 2.84. And, like I said, they are spread out. One of the things that we had
was traffic and Dan Thompson is going to get up after me , if you can put them in
that order, but one of -- one of the items was just our access to Apgar. We initially
-- if I get this pen out of the way I can move -- had our connection closer to
Goddard. We were asked to move it over to approximate ly -- are you doing that,
Josh? Two hundred and fifty feet to the --
Beach: Sorry. My fault. I wasn't sure --
Carpenter: All right. So, we moved our access 250 feet from Goddard, just to be
a little more stacking distance. We have an emergency access going to the bottom
and the --
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De Weerd: I'm sorry, you will need to summarize.
Carpenter: I will summarize it. Thank you.
De Weerd: Very good.
Carpenter: We looked at having a shared access between the storage units and
the residential. As Jon said -- Jonathan said earlier, we were told no by Meridian
and ACHD. Dan Thompson I'm going to invite up here to come right after me. We
have quite a bit of amenities. For the R-15 we are required to have four and I will
just note we have five on the project. So, we are not trying to go cheap on it. Any
questions for me?
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: Just a question on parking that you touched on in your presentation.
Carpenter: Yeah.
Cavener: How many vehicles do you anticipate for the development? If you have
got 72 units that are four-plexes -- again, I'm not that bright, but I -- is that like 280
cars if each person only has one vehicle. I don't know if my -- is my math --
Carpenter: We have 74 units here and there is -- there is two car garages on a
portion of them and single car garages on the others. So, you have got parking
underneath and, then, parking right in front of it. So, that doesn't count anything
in the street and, then, we have street parking on top of that. So, that's kind of how
we got to that almost three parking stalls per unit, the garages. Most apartments
aren't -- you know, Selway doesn't have garages. A lot of -- a lot of them don't.
Cavener: Thank you. I appreciate that.
Carpenter: Yeah.
De Weerd: What is the traffic generation in a multi-family development like this
versus a light office?
Carpenter: Well, that is a very interesting question and Dan Thompson is prepared
to talk about that.
De Weerd: Okay.
Carpenter: This is dramatically less than light office. But a very good question.
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De Weerd: Okay. Any other questions, Council?
Bird: I have none, Mayor.
De Weerd: Thank you.
Carpenter: Thank you.
Coles: Dan Thompson signed up in favor and wishes to testify.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: I will lead off with a question that you might answer either answer at the
end or somewhere in there. A lot of discussion about traffic throughout the
hearings and the ACHD staff report makes reference -- makes reference to an
increase in trip volume of eight hundred and some odd daily -- average daily trips.
I believe that's when it had 82 units initially proposed . Your traffic impact study, all
using the same national standard matrix cites an average daily new trip generation
of 705 trips a day, okay? And had it remained as the L-O with 14 units, you cite
using those same measurements that -- the existing approved plan would allow for
1,340 new unique average daily trips. Much greater under its existing than under
your proposed use. So, there is lots of data in the record provided by citizens with
regards to, you know, the magnitude of daily trips right now on these roads without
any development on it. They are much higher than anyone anticipated. If we focus
just on the -- the delta of new trips created by either the existing light office versus
the proposed residential, somewhere in your discussion, if you could, address
whatever foundation leads to that -- that is a big difference. It seems to be
massively more intense of a traffic generator for office use. But if you can get into
the weeds on that a bit, that would help everybody.
Thompson: Okay. Does that cut my three minutes?
De Weerd: No. But you can begin by stating your name and address for the
record.
Thompson: My name is Dan Thompson. I'm with Thompson Engineers. My
business address is 181 East 50th Street in Garden City.
De Weerd: Thank you. Your time begins now.
Thompson: Thank you. Boy. As was mentioned several times, ACHD did not
require a traffic impact study for this, but we did prepare substantially in
conformance with their requirements. The big difference is we didn't meet with
them and discuss the scope, since they didn't require it. The reason we didn't
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require it -- one of the reasons is it falls well below the threshold that would be
required -- as the Councilman mentioned, even they calculated about 800, but their
threshold is a thousand. I will get right to it -- to Mr. Borton's question. As far as
the difference between theirs and mine, again, we have different numbers of units
and probably the other issue is how they calculate the number of trips at the
storage units. There is several ways you can do it and that -- and I don't remember
what they did, but there could be different ways of doing it. I just used the acreage
on that. But just the ten or 12 units could make a difference in the numbers there.
As far as the -- a proposed land use or the development agreement, the land use
of light office, we had 12 acres, I did not have a site plan to go where I could have
square footage or specific land uses, but we deal with this on a regular basis and
in those situations we can look at what -- the floor area ratio and typically in the
light office you get somewhere between 20 and 25 percent square footage of the
overall acreage. The rest of it goes into parking, landscaping, setbacks or
whatever. So, I just used 22 percent floor area ratio and from that, as mentioned,
I generated almost 1,300 trips per day, as compared to 700 trips. So, almost twice.
But offices are even more intense during the peak hour and the p.m. peak hour I
estimated that a light office would generate 200 trips per hour, whereas what's
being proposed would generate about 70.
De Weerd: Okay.
Thompson: I guess I'll go ahead and finish up. We did go out and count the
intersections during a week day. I was not present at the P&Z meeting, so I didn't
hear a lot of the testimony concerning traffic, but hearing some of the testimony
just tonight I'm kind of confused, because I did not see any significant traffic issues
out there. Clearly the -- the intersection of Goddard Creek and McMillan was
operating at a level of service D and C and adding the site and expanding the traffic
for future -- a future build out time did not significantly change the level of service.
The intersection of Apgar Creek and Goddard Creek was operating at level of
service A in the morning and level of service B in the evening and, again, adding
the site traffic did not significantly impact the level of service. I did not see any
queues developing on Apgar Creek. Very short queues on Goddard Creek at
McMillan. I did not see anywhere near the traffic situation that is being described
here this evening.
De Weerd: Can you summarize your testimony.
Thompson: I'm standing for questions.
De Weerd: Okay. Thank you. Council, any questions? Mr. Borton, did you have
any follow up?
Borton: Just a bit. I take it from the final comment you're not asserting that there
is -- there is a lack of traffic on these roadways from this development. You might
not have observed it, but it truly exists. Would you concede that at least?
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Thompson: Oh, I can observe what I observed.
Borton: And from a traffic engineering objective data it might not be significant, but
to a mom or dad trying to get in and out for practice --
Thompson: I understand.
Borton: Okay.
Thompson: But there was substantial people that didn't even stop for the stop
sign. They were not delayed by the traffic coming through.
Borton: Madam Mayor. One of the -- if you can articulate -- my question is perhaps
not worded well, but I'm back on this -- the difference between the existing traffic
that would be generated from the office use today versus the residential use and
both ACHD's report and your traffic study make reference to the same 9th Edition
of the --
Thompson: Trip generation manual.
Borton: -- generation manual, so -- and it may be helpful for the residents, in
addition to me, can you articulate some of the -- the objective findings and
conclusions and assumptions that go into an office use and the type of trips they
generate, as opposed to a residential use that would lead to such a massive
difference, because your proposal is, in essence, a proposal to reduce the increase
of traffic that would be generated on this, which -- it's counter intuitive and I think
many members of the public and what we have seen in -- in the petitions and
letters, they all bring up good points.
Thompson: Okay.
Borton: Perhaps you can help articulate --
Thompson: So, 12 acres of light office. If I just take 22 percent of that I can come
up with 115,000 square feet of office space. Okay? Basically a thousand feet of
office space you might have three to four people. Quite often you're -- and not
even more than that in that space. So, in a hundred thousand square feet of office
space you could have a lot of people coming and going in that area and that's all
-- all these numbers are all based on national averages . They are doing national
studies on that and they are published and they are kind of the accepted standard
as to where these are coming from. If you have got four people per thousand feet,
everybody arriving at 8:00 o'clock, it's going to generate a lot of traffic within a small
amount of time. They all get off work at 5:00 o'clock and they are all going to head
for the exits. So, they do generate quite a bit of traffic and it does peak much more
so than residential traffic does.
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Borton: Madam Mayor. It may not be a fair question. I'm not trying to put you on
the spot with it, but oftentimes we rely on these consistent national objective
measures and -- and rarely is it one of the more relevant issues as -- as it is today
in consideration of an application. So, I just wanted to give you a chance to
articulate some of that background data that leads to the conclusion .
Thompson: Correct.
Borton: So, when someone were to say, for example, 1,400 new daily trips as an
office use, but only 700 as a residential use, I'm not buying it. I'm not -- to help
articulate and make me understand here is where the 1,400 comes from.
Thompson: If you're expecting me to go out there and count exactly 705 cars
coming out of that site on any given day, I'm not going to do that either. You know,
it's an average. Some days it's going to be more, some days it's going to be less,
but these are -- this is the science we have. It's the science we have and it's
accepted science throughout the industry.
Borton: Appreciate it.
De Weerd: Any other questions from Council? Okay.
Thompson: Thank you.
De Weerd: Thank you.
Coles: Brian -- apologize I'm not going to get this last name right. Rolkes? Ralke?
Signed up in favor and wishes to testify.
De Weerd: Hi, Brian. If you will pronounce your last name that would be awesome.
Rollins: Brian Rollins. 902 21st Street, Boise.
De Weerd: Thank you.
Rollins: Madam Mayor, Council Members, my name is Brian Rollins. I work with
Mark Bottles. Mark Bottles could not be here tonight, so I'm here on his behalf.
First of all, I just wanted to ensure that each of you received the letter that Jonathan
Seel referenced that we sent you out --
De Weerd: It is part of the record, yes.
Rollins: Sure. And so I just wanted to comment a little bit on that. You know, we
have been working as the -- the listing brokers on the property. We do a lot of land
development sales in this valley and currently we have about 140 listings active
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right now, most of which are development lands. So, just commenting a little bit
on what the market appetite is and what's out there . I think, first of all, just for the
record, I wanted to clarify there was some confusion about 74 units, whether that
was multiplied by four or not. I wanted to be clear it is 74 total units divided by 4
as to how many buildings there would be. So, I wanted to make sure that that got
on the record. I think, you know, development -- you know, the very definition of it
is a change in use for land. I think it's important to recognize that people come in
here all the time looking for applications to change use in land . Housing is not
sufficient in this valley. It's growing like crazy. I mean we are -- we have people
moving in the marketplace all the time. I think growth is inevitable. I think it's a
question of what kind. I think as far as density there has been some concerns
about density. We sell a lot of multi-family ground. I will tell you that most
developers are trying to pack density and within R-40, which is what was originally
proposed, you will see developers trying to push 25 to 30 units an acre and try to
get that. We work with Bach Homes, we work with Hawkins Companies, a lot of
the big developers here in town and I will tell you that 14 and a half units an acre
versus twice that for a normal multi-family development is actually fairly light -- light
usage. As far as alternatives, just wanted to talk on that a little bit. It's been part
of the record tonight. But, first of all, if there is some suggestion of storage for the
whole property. There is really not an appetite for that. There is storage going in
all around. I will tell you we do a lot of the storage transactions that you see in
town. Typically storage users are looking for five to seven acres. This is actually
a fairly large storage development. So, there is -- but the idea of 12 and a half
acres all storage really is not viable. Next question being, well, what about office.
As Jonathan stated and as was in our letter, there is a lot of mid-block office in the
comp plan in Meridian that use has really changed over time. First of all,
construction costs don't make it viable for small business owners to go build
individual buildings and, as Jonathan stated, we actually work with and have
associates in our office that have development ground, work with users like Dave
Evans on major arterial hard corners and have lots that are available that have n't
transacted since the 2006. So, I think from a standpoint of what the market has in
store, I think you're going to see applications for change in use on this. I think the
question is what kind. I think we believe this is a very good product. It is lower
density than what we expected from a multi-family user on this property. In talking
with planners at the beginning, bringing this to the forefront as far as a perspective
use, we were encouraged, as we stated in the letter, to go look for this type of use.
So, I just wanted to make it clear, you know, kind of what the marketplace is
pushing towards. I think this is the kind of product that we are going to see. We
need it here in the city and just wanted to -- to kind of talk through some of the
other alternatives that I think really aren 't market viable for this property. Thank
you.
De Weerd: Thank you.
Rollins: Any questions?
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De Weerd: No. Thank you.
Coles: Guy Young signed up against and does not wish to testify. Stephanie
Young signed up against and does not wish to testify. Tina Taylor signed up
against with no indication of testimony. Bennett Hadden signed up against and
does not wish to testify.
De Weerd: Yes, you can. Thank you for joining us. If you will, please, state your
name and address for the record.
Hadden: Yes. My name is Bennett Hadden. I live at 2723 West Divide Creek
Street in Meridian.
De Weerd: Thank you.
Hadden: I didn't intend to speak tonight. I wanted to show up and just make sure
that I was heard, at least on paper, that I -- I object to this particular development.
I'm actually very pro growth and development person , but I object this particular
project and here is why. One more -- one thing really quick to preface this. My
wife and I bought this home in December of last year. We moved here from
Colorado. When we drove into the neighborhood off of McMillan onto Go ddard
Creek, the realtor took us in and we noticed the pretty water feature and we drove
in and immediately noticed the apartments on the left and my wife said, oh, that's
not good and we continued on and, obviously, we ended up buying the home. It's
been stated before, but I would like to reiterate high density rental properties do
negatively impact single family. They do. It's a fact. Had -- had there been --
since we already have the Selway Apartments there, considering this additional
high density rental unit just seems -- it just seems like the wrong thing at this
location. They actually do look nice. I think they would probably work somewhere
else really well. But I live there, we own the house, I would just like to be on the
record as saying that I am -- I am pro-growth and I'm pro-development, I like things
to be done right. I just think this is the wrong place for this. Thank you.
De Weerd: Thank you.
Coles: Yori Delarosa signed up against with no indication of testimony.
De Weerd: Yes, please. If you will, please, state your name and address for the
record.
Delarosa: Yori Delarosa. 1940 West Wapoot Drive.
De Weerd: Thank you.
Delarosa: So, I also am a teacher at the school at Willow Creek and my kids also
attend the school and my I guess big thing is the overcrowding in the school
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already. I'm the computer teacher and we already don't have enough computers
for the students that we have. So, two kids in 5th grade when they come don't
have a computer. They have to type on a laptop, so -- my concern is mostly for
-- not mostly, but other reasons, but also just as the overcrowding with 74 units,
that's probably going -- and there is like three bedrooms, so I would assume it's
going to be a family unit, so I would assume there would be children. I did hear
him say at the beginning that the school district didn't send an ything, but I saw a
letter from the -- Eric Exline saying that they were not in favor of the project . So, I
just wanted that stated, because I think that I may have heard him incorrectly, but
I thought I heard him say that the -- they didn't hear anyone from the school district
and I thought I saw a letter that said they were not in favor of it, because we are
overcrowded, and middle school and high school right there are overcrowded and
the school -- the kids that would go -- or in the part -- in this area would go to our
Willow Creek school. Okay. Any questions?
De Weerd: Council, any questions?
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: Excuse me. Just a couple questions about the school.
Delarosa: Sure.
Cavener: I love that you're a teacher. Kudos to you. I could never do that
profession. You have way more patience. Appreciate you have patience with us
tonight. Talk to me a little bit about Willow Creek. How many -- are there like -- I
go back to my school and we had four 5th grades, four 4th grades, four third
grades, four second grades, four first grades, four kindergartens.
Delarosa: No.
Cavener: What is it at Willow Creek?
Delarosa: No. So, actually, there -- so, there are -- we have a TK program for
kindergarten and, then, there is a half day kindergarten teacher and a full day
kindergarten. So, there is four kindergarten classes. There is three first grade.
There is four second. There is four third. There three fourths and three fifths. And
our fifth grade classes are overcrowded. So, they allow 32 and they have 34.
Cavener: Okay. Thank you.
De Weerd: Okay. Any other questions, Council?
Bird: I have none.
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De Weerd: Thank you.
Coles: James Doolin signed up in favor, but does not wish to testify.
De Weerd: Yes. Thank you for joining us. If you will, please, state your name and
address for the record.
Doolin: My name is James Doolin. 4685 South Highland Drive, Salt Lake City,
Utah.
De Weerd: Thank you.
Doolin: I am the developer. Mayor and Council Members. First of all, I like to be
liked. I wish that I could go keep this land open and put grass there and make
everybody happy. Unfortunately, that's not going to work for -- for anybody or --
so, backing up a bit. When we first went around looking for land in this community
Mark Bottles and Brian Rollins showed me this piece of property. I saw that it was
on a busy road, bordered by potential commercial to the west and, then, multi-
family to the north and I thought this is a great piece of property. It will provide a
nice transition from residential to higher density residential, to storage units, to
commercial. We met with city staff. They gave us positive feedback and, then, we
went and met with -- we went to Planning and Zoning and at the first meeting
Planning and Zoning -- we had some feedback that it didn't appear we had enough
parking, even though the city requires two spaces per unit, we had two and a half,
roughly, it didn't appear it had enough parking, so we added parking. It also --
some feedback we got this project is too tight and there is too many units, so we
reduced the project by ten percent. So, we went from 84 to 70 -- I’m sorry, 82
units to 74 units. We also needed that -- they wanted some more amenities, so
we went up to five amenities. They were concerned about traffic, so we moved
our traffic entrance. So, we tried to appease what we thought was the feedback
from the Planning and Zoning and also from the neighbors and we met with the
neighbors after that first Planning and Zoning meeting and tried to figure out what
would work for them. At the end of the other day I think we did a pretty good job
at doing that, but there is still some concerns and I understand that. A lot of
concerns that I'm hearing tonight are based on opinion . It feels like there is so
much traffic, so I hired -- I engaged Dan to complete a traffic study. I called up the
school district, because the schools are overcrowded, and I talked with Joe Yocum
and he -- his letter that he provided actually -- and he pointed this out -- he doesn't
ever state if he's in favor or against a development and I talked with him briefly.
Willow Creek School he said is not overcrowded based his assessment. There is
592 active students. The school was built for 650. Sawtooth, excuse me, is at
1,081 and was built for a thousand, but there is a new middle school being built
approximately four miles from Goddard Creek that will relieve that problem. I got
to grab some water real quick.
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De Weerd: You're back in time to summarize.
Doolin: Right. Okay. So, long story short, we are trying to do what's -- what we
feel is best for this community. Light office is what's intended for this or was initially
intended for this. I feel like the impact of light office is going to be much more
impactful than what we are providing -- or what we are offering today. It's 74 units
over a 12 acre site, roughly 6.6 units an acre. That impact I believe should impact
these residents a lot less than eight light office lots.
De Weerd: Thank you.
Doolin: So, thank you very much. I appreciate your time.
De Weerd: Any questions from Council? Okay.
Coles: Shon Parks signed up in favor, but does not wish to testify. Carol Young
signed up against and does not wish to testify. Dorothy Peverley signed up against
and does not wish to testify. Diane McClain signed up against and does not wish
to testify. Richard Stilwell signed up against and does wish to testify.
De Weerd: Good evening.
Stilwell: Good evening. Richard Stilwell. 5170 -- 17 North Dove Ridge Place,
Meridian, in the Kelly Creek Subdivision. I'm also a director of the HOA board for
Kelly Creek. I had --
De Weerd: Would you desire more time?
Stilwell: I'm reminded of what my professor once told me. Saying something three
times doesn't make it any more correct than saying it one time.
De Weerd: Smart man.
Stilwell: What I'm going to do -- on the fly here kind of amend my comment. I think
you have heard enough about the Lochsa Falls --
De Weerd: Can you pull the mic closer to you. Thank you.
Stilwell: I think you have heard enough about the Lochsa development plan and
the fact that people relied on that. There is two or three things -- points that I
wanted to make is that -- first of all, the traffic, because I was dealing with this as
an HOA member today. When I was preparing for this I was also reading about
30 e-mails from other HOA board members and we are actively in the process of
buying speed limit and slow down signs, because of the traffic volume and the
traffic speed within Kelly Creek. Part of that is because of the difficulty in people
-- particularly during rush hour, getting access through Goddard and Apgar onto
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West McMillan. They drive through the development over to Linder, so they can
make right-hand turns, it's easier to do that onto Linder and, then, go into town
during rush hours and the speed has increased and the volume has increased and
we are also in contact with the city, we are going to have one of those electronic
speed signs brought out and if that doesn't slow things down with the approaching
summer, we are going to be talking to the police department about actually coming
out and ticketing speeders. I will be the first to admit that this isn't all renters from
Selway, it's more some of our homeowners and particularly their teenage sons and
daughters that need to be slowed down. But the traffic volume is a real issue and
it -- Mr. Wade talked about that. I have had other parents, homeowners complain
with regards to the safety of their small children. The second thing that I want to
talk about is -- and certainly the Council here knows how to weigh these issues,
but what they are, basically, asking for is to amend this development plan and I
started to wonder about that and I thought, well, what are the criteria that the City
Council should consider when making that kind of decision and I decided, well, I
would think that they would want to see a substantial change or a substantial need.
Is there a greater need for more apartment complexes in that area . Kelly Creek
already has on the east side, just by -- through the discussion of the previous
application, an apartment -- apartment complexes. On the west side of Kelly Creek
we have a 171 unit Selway Apartment complex. Now we are getting another
apartment complex being asked for and it seems like the need that's being
expressed here as well -- you know, we want to max -- the developer wants to
maximize their return on investment. There is nothing wrong with that. These are
honorable men. They have conducted themselves through this process as
gentlemen. There is nothing wrong with maximizing a return on investment. But
from a community -- or from a city perspective I don't think that dictates a
substantial change. I mean a substantial change would be we need more
apartment complexes and that's the ideal place to put it.
De Weerd: Mr. Stilwell, your time is up.
Stilwell: Okay. For those reasons I would submit that you deny the application.
Thank you.
De Weerd: Thank you.
Coles: Cheryl Hopkins signed up against and does not wish to testify. Jonathan
Hopkins signed up against and does not wish to testify. Angie Ludlow signed up
against and does not wish to testify. Addie Dosy signed up against and does not
wish to testify. Rod Ludlow signed up against and does wish to testify.
De Weerd: Thank you for joining us. If you will, please, state your name and
address for the record.
Ludlow: Rodney Ludlow. 2347 West Apgar Creek.
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De Weerd: Thank you.
Ludlow: As I begin -- if we could pull up a map of the area , including the
development area, Apgar Creek and a little bit of Rocky Mountain. So, as I begin
I'd like to actually kind of tap into our human knowledge. As a little kid and as a
young adult -- and as an adult now I still try to find the easiest route to get in , out,
or through things and what I'd like to -- as I bring that to mind one of the things I'd
like to point out on this map -- where the site is developed, if we look at Apgar
Creek -- West Apgar Creek, it runs directly through our subdivision, all the way to
North Linder. Now, living off of Apgar Creek for the last seven years we have
noticed the traffic increase as people have become aware of that corridor. I'd also
like to point out that the park of Kelly Creek is located off of that street. There are
stop signs that are frequently dismissed. With that in mind as the -- as more
development, obviously, that is going to bring more traffic. Also as we look on
McMillan and Linder, we, obviously, have the Walgreen's, the Taco Johns. Earlier
discussed was a Gyro, the Dutch Bros -- as that develops the traffic through Apgar
Creek, that corridor, is going to also increase. So, that would probably be my
largest safety concern and now I would just like to throw some numbers from some
-- throw some numbers of the school district of Rocky Mountain. When the high
school was constructed it was designed for 18 -- or 1,800 students and staff. In
2016 they had a record of 2,312 enrolled students, excluding staff. As the density
of Paramount increases and all the development, obviously, those schools are
going to continue to overcrowd and I understand that that is a basic problem that
we all face. That -- like I said, I just wanted to share my concern with that and
share those numbers. Thank you for your time and your consideration.
De Weerd: Thank you.
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: Question for -- and I apologize for putting you on the spot.
Ludlow: No.
Cavener: And maybe this isn't a question for -- but do you know how many homes
are in your neighborhood -- what the total home --
Ludlow: According to the development agreement -- and that's the information that
I had available -- available to me -- excuse me? Oh.
De Weerd: I didn't say anything.
Ludlow: Oh. Sorry. In the development agreement there was 856 single family
homes and 171 multi-family homes in the development.
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Cavener: Thank you.
Ludlow: You're welcome.
De Weerd: Thank you.
Coles: Fran Blottles signed up against and does not wish to testify. Steve Blottles
signed up against and does not wish to testify. Alex Astas signed up against and
does not wish to testify. Geraldine Astas signed up against and does not wish to
testify. Jamie Pullman signed up against and would like to testify.
Pullman: Good evening.
De Weerd: Good evening. Thank you for joining us. If you will state your name
and address.
Pullman: Jamie Pullman. 5030 North Guard Creek Way.
De Weerd: Thank you.
Pullman: I do have a slide. It's not very good quality and I apologize, but we might
be able to -- what was that? We might be able to answer some of the traffic
questions, especially Mr. Borton's question. I have -- recently we had a traffic
count from Ada -- Ada County Highway District -- excuse me. I'm really nervous.
I'm sorry. I hope I can get to my points through my nervousness. And that was
May 2nd --
De Weerd: Do you want to start the time once she gets the presentation up.
Beach: I'm not finding the slide for her.
Pullman: Can I keep talking?
De Weerd: Yes, you can. ACHD did a recent traffic count in May -- May 3rd and
May 4th. They put the counters out May 2nd, took them out on the 5th and I have
that from Ada county. Debbie White sent it to me today in an e-mail and that's
what my slide is -- is the traffic count.
De Weerd: We do have -- yeah. So, if you can give it to the clerk, he will put it up
there. What's called an Elmo or something.
Pullman: Okay. On an average week day, 24 hour period, as you will see from
what we just received today, 3,268 cars go through McMillan and Goddard Creek.
My point is in -- two years ago Debbie told me they do the traffic counts every two
years. Two years ago it was less than 1,900. So, in two years we have close to
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double that. The fact of the matter is that we have no new housing in our area.
So, it's not from new houses, it's -- it's from the existing apartment complex that's
there, all the houses. What is causing the increase in traffic is people using our
access roads, Goddard Creek, Apgar Creek, to access through -- excuse me.
Goddard Creek they will access up to Rocky High School. It's so much easier to
go that way than to go up Linder. That's one reason. The other reason is all the
new development, commercial and retail, that's on the corner of McMillan and Ten
Mile, which we love having that out there, but everybody is accessing coming
through. The top of our neighborhood -- of Lochsa Falls, all the way down Goddard
Creek, they are coming to access over there to get to Walmart, to get to the
restaurant, physical therapist, the dental offices -- all those things over there. The
pizza place. So, we have a huge increase in traffic in our area and the proof is in
the pudding with what Ada county just sent me. Now, if I could, please -- a couple
of things to answer your question, they work -- you were not understanding how
there could be so many more trips with an office complex versus the residential.
Well, it's a little bit confusing, but when you look at it, this -- they are saying that if
the full 12 acres were office buildings, there would be that many more trips. Well,
they are not all going to come out on Apgar and Goddard, they have access from
McMillan Road. They are making it sound like -- maybe not to you, but to me --
the report makes it sound like 1,300 extra trips are going to come out that one
intersection. Well, that's not true. Will it be impacted? Certainly. But it's not all
going to come out. So, it makes it look like the five acres of high density has way
less traffic than -- than the office complex would be and that -- that's -- I don't think
it -- they made that clear. Does that answer your question about where that high
number of 1,300, you know, come from? And also the developer -- or, excuse me,
the owner just said that there is 74 units. He may have misspoken, but he said 74
units over 12 acres. It's not 74 units over 12 acres, it's 74 units over five acres.
So, I just want to make that clear. I know I'm out of time, but I want to say one
more thing. The storage units, I clocked this with my car, which is not scientific,
but within one mile there are -- would be three storage units if you approve this
project. The one that's right by the treatment plant, the one that's just a few
hundred yards north of the existing storage units, and, then, you come up around
the corner and we have got another giant storage unit project within one mile if this
is approved. Now, I know these are commercial sites, the storage units. I know
it's commercial. But when you drive by a big giant metal building, it looks industrial.
I don't care what your landscaping is, it looks industrial and I don't think that's what
we want and I hope that you will vote against this project.
De Weerd: Thank you.
Coles: Jennifer Blasco signed up against and does not wish to testify. With that,
Madam Mayor, that is all that signed up on the public hearing sign-in sheet.
De Weerd: Is there anyone else -- I'm sorry, you can't do it off the record. Council,
he is the HOA president. If you wish to hear from him again -- please. If you will,
please, state your name for the record.
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Stilwell: Richard Stilwell. 5117 North Dove Ridge Place. I'm the director for the
Kelly Creek HOA.
De Weerd: Thank you.
Stilwell: I think a question was asked is how many houses are in the Kelly Creek
Subdivision and the number is 372. The 800 number includes Lochsa Falls
development. Thank you.
De Weerd: Thank you. Is there anyone else who would like to provide testimony?
Yes, sir.
Alatorre: Madam Mayor, sorry for not signing up. I got confused on if I was the
applicant or not.
De Weerd: That's all right.
Alatorre: My name is Tim Aletorre. I am the project architect for the storage units
and, Josh, if you can put my plan up -- I just want to go over a couple things really
quickly on the traffic. We are acknowledging that 215 of those trips are for the
storage units. The storage isn't a zero traffic entity. There is some traffic generated
from that. It's only about 492 are going up Apgar and I wanted to just go through
really quickly and show you that we are trying to create a good project for this
neighborhood. I think we really put together an A plus team on this. Originally we
were coming in with just the storage facility. We had a -- there is a market need
for it. There are a lot of storage units within a mile, but they are full and so there
is a need for that. But we were stuck. We couldn't move on this project without
filling this gap for the five acres and it took us quite a while to find a use that would
work for that space and the neighbors -- we had a community meeting with the
neighbors early on, it was storage and they all loved our project and I understand
their frustrations with the use that we are proposing here, but looking at the
alternative it works economically, it works with the development team, and we
really do think it's the best fit long term for what could possibly go in here . If we
don't put something in here, you know, it's a gamble on which developer in 12
years from now is going to take another look at this and see what they can do . I
did want to just show that we are heavily landscaping the storage facility and also
-- just going to skip through some of this stuff, we don't -- we are not redundant. I
just want to show you the exterior. So, we are not doing a blank metal building.
The City of Meridian recently passed their new design criteria. I think we are the
first storage facility going into the new design criteria, but we really want to make
this something that's pedestrian scale, that's a cohesive design. If you notice here
we have these tower elements. The tower elements wrap the corners and all the
ends of the buildings. We are really trying to make this something with material
changes and sod articulation that's a good transition from the housing -- multi-
family housing and this future commercial and I will yield the rest of my time.
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De Weerd: Thank you. Council, any questions?
Bird: I have none.
De Weerd: Is there anyone else who would like to -- yes, sir. I will get to you next.
Newell: Thanks very much.
De Weerd: Thank you.
Newell: Sam Newell. 398 South Olive Way, Lehi, Utah. I'm actually the marketing
agent that works with Mr. James Doolin. When we started the meeting tonight you
were talking about your scholarship winners I guess they were. I went Mary
McPhearson, Meridian Middle School, and Meridian High School and I was the
first graduating class of Mountain View High School. So, I'm actually one of those
type of people that went away for school and am now coming back and moving
back to Meridian, bringing my career and my family and my business with me.
When my mom and sister and I moved to Meridian in 1997 there was about 36,000
residents. As of 2015 there is over 75,000. Those are rough numbers. You can
fact check me, because just going off of memory there. Based on the research I
have done for the last six months for the Boise valley, we are looking at about
300,000 more residents in the next ten to fifteen years. The whole Boise valley,
not just Meridian. So, you guys have --
De Weerd: Thank you for clarifying that.
Newell: I know you guys --
De Weerd: We are ready to pass out.
Newell: I don't envy your job. Sorry. So, what we did research is there is a two
and a half percent vacancy rate in Boise valley. There is a huge, huge demand
for residential and multi-family housing. Huge demand. As far as commercial goes
-- and the higher traffic, but also the demand, that's what we would be developing
if there was demand for that. There is simply not. I could not come out and sell
and do -- have such a large career change and move back to Meridian for
commercial real estate. It's just not going to happen. What my clients and my
business partners and I have noticed is that there is a huge demand for residential
housing and people, just like in Utah and other parts of the country, that are
attractive -- like in Meridian, don't have housing and rents are going up, they are
skyrocketing -- skyrocketing because there is not a medium income level housing.
There is, you know, 15 to 18 hundred dollars a month and, then, there is your 1,200
dollar a month. What our project will do -- will fit right in the middle of our two and
three bedroom flats versus a large home to rent and that's what we are providing.
So, I don't think it's a question of if this land is going to get developed, because it's
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very enticing. It's a great piece of land. It's really just what's going to be put in it,
whether it's commercial, which I don't see happening. I don't see any demand for
that. Like I said, that's what we would be selling if there was demand, and storage
units. There is plenty of storage units being built like they already presented. So,
really, it seems like a question of are you going to put more stacked, high, high
density multi-family units or more of a single style residential unit. I'm not saying it
is a single family, but that's what we have tried to accomplish is that type of style.
De Weerd: You will need to summarize.
Newell: I'm done.
De Weerd: Thank you.
Newell: Thank you very much.
De Weerd: Thank you for being here. If you will state your name and address for
the record.
Humphries: Glen Humphries. 6880 North Pira Avenue, Meridian. Can I get the
picture back up that depicted McMillan and Ten Mile and the Lochsa development
above it? Okay. I spent 35 years in law enforcement in the state of California and
I'm very glad to be here in Idaho. Yesterday on the news they were commenting
that 26,000 people moved to the Treasure Valley in Idaho in 2016, 10,000 came
from California, Oregon, Washington and Utah. The growth in Meridian got the
most and Nampa was second. So, in other words, we are growing very quickly.
What we are looking at in this picture is McMillan and Ten Mile and above that is
Chinden and I live in Spurwing Greens. For instance, those roadways are buckets.
They are one gallon buckets. And what the City of Meridian is doing is trying to
empty gallons and gallons of water into one bucket and the buckets can't hold the
water any longer and what's happening -- the traffic is flowing out of that one gallon
bucket and it's going onto side streets, it's going through developments. The
infrastructure is not here to hold what you are trying to dump into it. There was no
planning ahead to put infrastructure in to put in wider roads, schools, other
developments. You are overtaxing the system. The schools can't take it. The
high schools. There are levies, bonds almost monthly trying to get more money to
build more schools. ACHD says roads aren't planned to be widened. Chinden has
no plans for ten years. You are just now working on portions of Ustick and
McMillan. The area cannot take high density growth. It cannot take it. That's all I
wanted to say. Thank you very much.
De Weerd: Thank you. I'm sorry, we don't do that in this room. Remember, clap
to yourself. Is there any further testimony? Yes, sir. Thank you for being here this
evening. If you will, please, state your name and address for the record.
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Melander: Thank you. So, Martin Melander. 3644 North Summercrest Place in
Meridian, Idaho. I have been a resident of Idaho since I was a little kid and --
De Weerd: Can you pull that mic up.
Melander: I will. I have been a resident of Idaho since I was about four years old.
My -- all my ancestors are from this area. My family moved away for college and
they came back when I was a baby. I'm now 52 years old. What you see on this
road and this -- in this map -- what the gentleman just talked about, if what was --
if that was true, what we are saying, then, we are going to stop all growth, because
I used to ride my ten speed on Eagle Road when it was a flashing light and there
was no access. Many of you are from here. Some of you. Some of -- many of
you and many of these people behind me aren't from here and never were from
here. They just moved here. But you just invited during your -- you just had your
scholars that received a scholarship. You invited them to come back. If you invite
them to come back and you expect this area to continue to grow and to do good,
you're going to have to find a place for them . There is going to be need to do
growth. I'm not here to complain about the roads. I understand it. For 20 years I
have been building in this valley. For 15 years of that I have owned multi- family,
I have owned single family, and I have owned all kinds of commercial properties.
I have my kids. I want them to move back. They are at school away from the
valley. I wouldn't mind if they came back, but I have got to find a place and develop
this, so that they want to come back. We have got a great place here and I don't
think anything about this development is going to change that . I think -- as I was
looking at Selway Apartments that were way in there way before Kelly Creek,
because I know that, because I was in the development side of some of those
areas. Lochsa Falls -- somebody -- I have heard Boise miscommunicated and
mispronounced. I've heard Lochsa mispronounced. If you're from Idaho you know
what the Lochsa is. You know what these things are and you understand how to
pronounce them. We have talked about traffic matrix. We have talked about lots
of things. One thing for sure, as my rental, I have them -- I just had one that I
rented out. I had -- in 15 minutes 20 applications from all across the United States.
The people that are moving here are good, wholesome people. They are a doctor.
There are professors from Texas Tech. They are going to be working downtown.
None of these people are low lifes or whatever the perception may be. They simply
aren't that. This development is for good, wholesome people. Because somebody
classifies multi-family is not that, the world has changed. These are nice
developments. Sure, it's going to increase traffic on our roads, but the lady that
spoke before said the Walmart increased traffic flows by 2,000 something cars.
There is what brought traffic to their neighborhood, not this development. And,
then, another -- Borton asked what constitutes -- I will summarize real quick. What
constitutes -- constitutes -- because I own some commercial properties -- what
constitutes visits to those offices? Well, you have got -- per thousand people you
may have employees per thousand square feet. Every one of those are -- may
have customers that come and go on a 15 minute regular basis. Now, you multiply
that by the number of hours and you will see why that is increasing the traffic over
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light office -- way over what we are going to currently -- currently is being proposed.
So, I want to express my opinion that I'm for this development and I am probably
not the one that's probably more pro growth, but I do know that change and growth
does happen and it can be managed and this is a good way to do it.
De Weerd: Thank you. Okay. Any further testimony? Would the applicant like to
summarize?
Seel: Sometimes I think I'm getting too old for this stuff. Jonathan Seel again.
First thing I'd like to do is I'd like to read a comment in the staff report. Do I get --
I get three minutes? Fifteen?
De Weerd: You have ten.
Seel: Okay. In the staff report it says -- the area in the vicinity of West McMillan
and Ten Mile has limited housing options. The proposed project would propose
housing diversity and provide greater opportunities for residents to live in the place
for employment and shopping. I think we can go back and forth and argue about
traffic. Obviously, whatever project goes in here, the fact of the matter is it's going
to create traffic. So, maybe it's just a difference of opinion the degree of it. I'm not
a traffic expert, so I'm not going to speak to that, but from my opinion I think what
you're faced with today is you can either maintain the existing development
agreement, which is L-O and there is no market for it and it will stay like that for
who knows how many years. Although, you do have the opportunity to change.
Or I think you have the opportunity here to bring in a development that I think , as I
mentioned before, I think is a third option in this community. If you look at the
Selway Apartments or any apartments or even, for that matter, Redtail Apartments,
this is not like Redtail. It is quality. Okay. And that's the term maybe I should have
used. But it's a different animal, but it's also not a single family and I think the
desire of this community is to give residents the option of various housing and this
is another one. So, some people call it multi-family, I have a question with that,
but I think the bottom line is you have the opportunity to bring in a project that I
don't think is going to impact this community. I think it's going to be a positive. As
I mentioned before, I think all the things that are built in for -- for the maintenance
and the care and the quality of it represents what this community stands for or you
can leave it as a weed field for who knows how many years, because there is a lot
out there right now that is not being used up as L-O. So, I think that's the decision.
Thank you.
De Weerd: Thank you, Jonathan. Council, any questions for the applicant? Thank
you.
Seel: Thank you very much.
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De Weerd: Council, I guess I would recommend not closing the public hearing
until you have a chance to have a conversation, see if there is any further questions
that you have for anyone who has provided testimony or for staff or the applicant.
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: So, one of the issues that I have with this -- you know, it is not a -- it's not
a terrible development, but as far as where it is and the other apartments that are
in correlation with this, creates almost a third of that development agreement into
apartments and to me that seems like a huge change and I don't think that was
what was intended. I agree that people want to move here and that's great, we
have a wonderful place to live, but that doesn't mean that we are just going to cram
as many people in as tight of space as we can, so that we can fit more in, I'm not
in any kind of hurry to just open the flood gates and get as many people as we can.
We are already growing fast enough and I think that it makes too many apartments
in the area that was planned to be out there.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I guess this goes to show us that has been on this Council back in 2002 that
-- that regardless of how well you plan ahead and -- and, you know, these people
that are here that bought their homes and thinking this was going to be L-O or R-
4, that's what we had certainly planned at that time, but the economics of the valley
does change. I do -- I do not like the developer comparing this to Redtail at all,
because there is -- it's not even close to being a Redtail. The amenities is not there
at all period. It's an apartment complex. With, in fact, very few amenities, in my
opinion, for the amount of -- of people that are going to be in it, so -- but there is a
need for the multi-family. I don't understand it. In our day we -- we worked hard
to save money and start a -- get our house -- get a single family house and now
the young ones -- and I have grandsons and granddaughters that are -- I think
somebody hit it right when they said they want to be able to move fast. So, it's
kind of like, you know, you used to stay with a job your whole life if you had a good
job, but now they have more jobs in ten years in -- you know. I don't know. It's --
the changing times. In 1996 we probably had at the most 19,000 in Meridian. 2000
we -- the official count was 30,000 -- 34,000, in fact, and now I think we are going
to probably get hit 100,000 this year and while we haven't done a perfect job, I
think we have tried and, personally, I'd like to see R-4 in there, single family
housing, but that is not what the economics call for right now.
De Weerd: I was on City Council in 2002. This came as a planned community
that -- and when Selway Apartments came in we worked with the neighbors and
said this was master planned and we wanted to make sure that the real estate
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industry was accurately presenting to those that purchase the homes -- that
purchased in that area what the long-term vision was. Therein lies my problem is
we came and we said those apartments were planned and so there wasn't too
much we can do. These apartments weren't planned and I think that there are --
they look nice, the elevation is nice. I think they will have potentially a lower impact
traffic wise, but it's not what was in the master plan and, then, you need to work
with the neighbors and -- and find that middle ground of what can go there or you
wait until the market catches up. I have a hard time believing that -- I do know that
the rental market is strong, but so is the single family housing. You can put a
house on the market and it will have five offers on it in two days. So, you can't tell
me the single family housing market is not there. It is. We are seeing it. I do want
a clarification point. Our staff works with everyone that walks in the door and they
will tell you what is in the master plan, what is entitled. They will tell you what
options there are in working with property owners, what might be possible. They
don't share their opinion. They will work with neighbors that walk in the door and
talk about the process and what the options are. They don't play sides. They play
our plan. They work with -- with our citizens and our customers. That's -- that's
their job. So, I do want to make sure that they are working with our Unified
Development Code and our land use plans that do anticipate flexibility within that
plan. So, I don't want anyone to think that they have taken a side. They are --
they are Switzerland and -- and it's not easy being stuck in the middle oftentimes.
So, I do want to at least put that out on the record . I know that we denied an
apartment complex up in the northeast corner of Lochsa Falls, because it wasn't
anticipated in the plan, and the neighbors weren't anticipating that development
either. I hope there is an opportunity for further conversations and compromise. I
don't know what -- what direction Council is going to go on this, but I think we have
a master planned development that if I knew that there was one and I did my
research, there would not be apartments on that corner and I would expect the --
the city to honor my purchase. And I was here. So, I'm just one of two that were
here.
Palmer: Madam Mayor?
De Weerd: And I will -- I'm sorry, Mr. Palmer. And I will say I got beat up a lot for
the Selway Apartments. I think I recognize several of your faces, so -- Mr. Palmer.
Palmer: Madam Mayor, since we are all reminiscing on where we were in 2002, I
was a freshman at Meridian High School and, then, I was the third graduat ing class
at Mountain View. I grew up here in Meridian. Had there been a hospital in
Meridian I would have been born in Meridian. We didn't have one. I was b orn
downtown Boise. So, I was there for a couple days and, then, made my way here.
And I grew up here. I was fortunate enough that in my family situation we were
always able to be in single family homes. Many of them -- we moved a lot. All
over Meridian. And, then, when I left home Meridian had changed a little bit . It
wasn't all single family rooftops. There were other opportunities besides a few
apartment buildings in downtown Meridian for people who wanted to stay in
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May 23, 2017
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Meridian, start a family and grow and be able to, then, move into a -- afford to be
able to move into a home. I'm on my second home now and my first house was
barely larger than the apartment that we lived in right before it at a thousand square
feet. Now we have got four kids and a little bit larger home. There are lots of
options now in Meridian, but there is still -- I feel that even though we built a lot
more multi-family, as we're calling it, recently than before, there is still a major lack.
We are still at a point where those that are leaving home , but want to stay here,
are having a hard time to find -- finding a place to, then, be able to, hopefully, go
on and -- and either stay in that if they want to be able to move faster -- Millennials
these days -- or who knows. But if they want to be able to go into a single family
home, then, they have that opportunity. But they -- so many people are moving
out -- they are moving to Boise, they are moving to Nampa, because there is not
enough of this here and I feel like this is a quality project that's been put here -- it's
not all four stories, stairwells, all cookie cutter like a lot of the apartments that we
see around. These look like skinnier homes that are attached to each other.
Townhouses. As opposed to just apartment buildings. And so I -- economic
situations change. This -- I believe business owners, when they say it's not a viable
option to put what was originally planned here 15 years ago -- we have changed a
little in 15 years. If this makes more sense because, sure, it's going to be more
profitable, even if they are able to fill light offices, this is probably going to be more
profitable anyway, plus it's what's in demand and so we should give an opportunity
for those who want to be able to stay here to work their way up and be able to stay
in Meridian, instead of kicking them out to Nampa and Boise.
De Weerd: Other comments? Discussion? Questions?
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: I appreciate the comments from Council tonight. I think that this is,
obviously, an issue that has been weighing on our shoulders this evening and I
somewhat echo Council Member Palmer's comments. You know, when I moved
back to Meridian after I graduate college I rented a house, because I couldn't find
an apartment to rent. There was some apartments that my mother would have
killed me if I lived in and other apartments that were tax subsidized housing that I
couldn't -- you know, I made too much to be able to live in. So, I rented a house
until I bought. I don't know if in 2002 we could have conceived that we would be a
community of 100,000 people. If you would have told me in 2005 or 2010 that we
would be a community of 100,000 people, I would laugh and make you a bet that
I would surely lose. So, that's -- that's challenging and what -- are best forecast
for what our community could be has changed and changed dramatically. Families
in Meridian come in different shapes and sizes and, likewise, rented housing
comes in different shapes and sizes. We have got our residents that live in
apartments. We have got residents who live in big houses with big yards. We got
residents with big houses and little yards and big yards a little houses. W ide
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variety. And as a community we pride ourselves on that. We want to be able to
offer a place where people can live and work within our community and diverse
housing supports that. I applaud the residents that are here tonight, anyone saying
we don't like apartments. I saw it and I appreciate it. Quite frankly, we don't get
that in every City Council meeting and I appreciate the testimony tonight was --
was pragmatic. The challenge to me is changing the development agreement,
because I would think that any time we would want to change it is because there
is a dramatic improvement into the area around it and, man, in 2005 when I moved
back here, if this apartment was available I would have ran to it. Compared to
what we had at the time it would have stood above all . We talked a lot about
Redtail tonight as a gold standard. Oh, I think in 2005 this development would
have been the gold standard. And I think it would actually make a lot of sense in
a lot of different parts of our community. I think this is something that is going --
this type of project we have seen a lot of and it's somewhat desirable. I struggle
with is it such an improvement, though, that it warrants us changing the
development agreement in that particular area. I'm struggling with that, quite
frankly. And so why? I think we need more multi-family in Meridian to support our
changing community. Also I want to be respectful to our residents that were here
in 2002 that were expecting that their last home or their first home -- the things
around it weren't going to change and so I'm hoping to hear for the rest of us
tonight, specifically maybe about development agreement, your thoughts are
appreciated. For me that's the one piece that I am really wrestling with.
Little Roberts: Madam Mayor?
De Weerd: Mrs. Little Roberts.
Little Roberts: I concur with Councilman Cavener. At the Chamber we have the
visitor center and we get many many people -- especially this time of year coming
in and saying can you give us help with housing. You don't have what we are
looking for with that in between lovely retired couple seem to be the thing coming
in lately that want to follow their grandchildren . But really struggling with -- we
changed the development agreement, that gold standard. Love to hear from
everyone else.
De Weerd: I think that means one more councilman. Mr. Borton.
Borton: Madam Mayor. I do appreciate the discussion and going through this --
this process and I love the -- the diverse comments and history of the Council
Members as we talk about it. I don't -- I appreciate the objective minutia of the
project and particularly the traffic impact study and preparation for the hearing, a
lot of the e-mails and comments from the public and the Planning and Zoning
testimony that was provided had a common theme of support for the project itself
and its design and development, but what I saw as the overriding issue is -- is
perhaps a great project in the wrong location. There was a lot of compliments --
we even heard them tonight about the -- the applicant and his development staff
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has done wonderful work here. But the concern is its location. So, a lot of my
questions are focused on traffic counts and traffic impact studies and the delta and
additional traffic -- kind of the wonky stuff that I thought was going to be a little
more part of the discussion. I -- I didn't look at this as a change in a plan. This
isn't -- this isn't county ground within the city that's requesting to be annexed and
for its first time perhaps subject to just the future land use map , there is a -- just a
plan which might indicate what probably should happen on this property, but what
we have -- what's been referenced since 2002 is a vested property right wherein
this property owner has a present ability to develop 11 lots on 12 acres -- excuse
me --11 commercial lots or light office lots on these 12 acres. Like it or not, that's
the landscape that we have and we started tonight's hearing with, it's what many
of you might have purchased your home expecting for better or worse , that's the
vested property right that exists, which is a different starting point than other
instances where it might be a blank slate and we are using our best crystal ball,
comp plan, future land use map, to try and guide development. I applaud the
developed. I think they have done a fantastic job in trying to address all of the
issues raised by the public through multiple Planning and Zoning Commissions
and even today they seem more than willing to try and accommodate the concerns,
but it sounds like from the public traffic aside, there is a unanimous position in
opposition of making this change to the existing property right. Despite the efforts
to reduce the units, the lots, the density, I -- in review of the materials and hearing
the testimony, it seems to be a round peg in a square hole. Great project that
might be best located somewhere else. At least that's the summation of the
testimony here from a lot of the public and a lot of the data we hear with regards
to demand for different types of housing products in the city I don't disagree with,
but it didn't necessarily answer the question of this type of product at this location .
In the city as a whole and this region of Meridian may benefit from this type of
product and diverse housing types, but to these 12 acres that -- that are supposed
to be light office, do they warrant this change and we take the input from the public
very seriously and it plays as a big role at least in the consideration -- all of the e-
mails, they are all read and reviewed and the exhibits you at tach and showing up
and providing testimony, we don't always have that. Oftentimes things move
smoothly. But when there is a concern raised we appreciate the public's input.
You have been active throughout the whole process. So, I'm not convinced at the
conclusion of this hearing that a change is warranted. I thought I might hear
different remarks in particular with regards to traffic, but the overwhelming
consensus to me seems that this community in this region has trusted and -- and
felt committed to the existing designations on this property and that they would like
to see the long term plan -- even if it's difficult in the short term, the long term plan
fulfilled. That would mean a denial of the application and keeping the existing land
use as previously approved. That's the takeaway that I have got from all of the
materials, from the initial application, including through today's hearing with all the
testimony.
Palmer: Madam Mayor?
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De Weerd: Mr. Palmer.
Palmer: I would make some additional point. I have a thought here. We had a
community presentation before us where the idea was floated that we take pieces
of agricultural land and lock it down for time and all eternity as such , regardless of
any future owner, and that idea scares me, that there is no mechanism to change
what that land use could be. We have in our code a mechanism for that where
tonight's meeting can take place, to say, hey, the previous plan isn't going to work.
How much time is needed for a piece of property to sit vacant after one idea is --
is set and doesn't work out, for us to say, okay, we will consider a different option?
Fifteen years is not enough?
De Weerd: I don't know. When we were discussing this in 2002 this was a 20 year
phased plan and, you know, it developed a lot quicker than it had been anticipated
and the apartments came at the tail end, which made the misery as part of that.
But I know that the market does change. There is -- there is no doubt about that.
But we have a lot of greenfield. It doesn't have to go right there. I go back to --
we made it very specific when Selway came through that residents when they
bought they needed to know what -- that was part of the master plan, that
development agreement, and that was our expectation that that plan was out there
and that residents would know what they were buying into . The gentleman from
Colorado who -- who bought December over a year ago, he would have done his
research and saw that it was -- it was light office and would not have known that
there was an opportunity to change that plan. It's a good development. It really
is. And I don't think you heard anyone testify we don't want those people in our
backyard and we don't want those buildings . It was about this is not what they
knew would be in that area. You did a good job.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: A member of the applicant team --
De Weerd: Okay.
Borton: -- has a response or a question.
Carpenter: I just want to -- excuse me. John Carpenter. TO Engineers. There is
actually two applicants. If I can get to the right spot. Can you get me onto our --
a portion is storage units, a portion of it is residential. What I was going to toss o ut
there -- if we are really just opposed to the residential, nobody is -- nobody has
been opposed to the storage units. I would suggest if we are going to go denial
on the residential, we pull the residential off and approve the conditional use permit
just for the storage units as a stand-alone on the seven acres on this property. I
just wanted to toss that out there as an option.
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Palmer: Madam Mayor?
De Weerd: Mr. Palmer.
De Weerd: I don't think the -- the housing side is quite dead.
Carpenter: Okay. That was Option B. I just wanted to toss that out there in case
it was going to be killed. I just want to get it considered.
Palmer: And I don't know if that's something we could do tonight anyway, or if that
would have to come back as a separate --
Carpenter: We have an application for a conditional use permit as part of it.
De Weerd: Mr. Nary.
Nary: Madam Mayor, Members of the Council -- and I don't -- I have the
development agreement up here that's the Lochsa Falls development ag reement
and I'd like to just add to the record -- because it probably is a little confusing to
folks why there is two in this relation to this area. This originally was called the
Folfer sub and it was the entire square mile. It included what is now Loch sa Falls
and what is now Kelly Creek and if you look in the record Kelly Creek was
separated out in 2003, so it was just the residential piece only and that was
because of some changes in the development process. So, that was just a piece
I wanted to add. So, all of the discussion has really been about the Lochsa Falls
portion, which talks about the single family homes, multi -family dwellings, office
buildings, commercial buildings, one city park. The land use request of the rezone
is in two parts as Mr. Carpenter just stated. So, if -- if the desire of the Council is
to split that, there is no -- there is no notice concern, because everyone has been
told that these pieces were going to be zoned -- or being requested to be rezoned
separately. So, if the Council wants to -- desire to separate that you can. We
would still need to amend -- or, excuse me, we still have to have the CUP, the --
Item 4 for the multi-family could be denied separate and apart from the other
portion. The preliminary plat for the two would be the only one that would be of
concern to me, because we don't have a preliminary plat -- at least I’m not -- I don't
see it at the moment. We have them completely separate that we could approve
one and not the other. And Josh is looking at me like he knows the answer to that.
And. then, again, we can do -- amend the existing development agreement,
because the application was seeking to separate this 12 acre parcel out of the
entire Lochsa Falls. Similar to what Kelly Creek did, but, again, that was 14 years
ago and nothing had been developed yet. But that was the ir objective and, again,
that's something that Council certainly can allow them to do. We can separate out
the development agreement and only do it for the seven point -- whatever acres of
the commercial piece and not the five acres of the other -- of the residential piece.
So -- so, Councilman Palmer's question is is can we do that or do we need another
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hearing or another thing -- we probably in the findings piece would have to do a
little work to make sure it's clean, but I -- if Josh could answer that on whether we
have two plats that separated or are they all one with just simply designation?
Milam: Madam Mayor?
De Weerd: Yes. Mrs. Milam.
Milam: Just a thought on that. So, then, could we just separate the 12 acres and
not rezone the five acres? We could still separate those out, but, then, not approve
and rezone the five acres from R-4.
Nary: Madam Mayor, Members of the Council, Council Member Milam, yes, you
can -- you can move to do that. Like I said, my only real concern is what plat y ou
have in front of you to approve and so that would be the only reason if we -- if we
needed to to continue it to make sure we have two separate plats, so we approve
the one that we want and not the one that you don't, if that's our desire.
Milam: Thank you.
De Weerd: Josh.
Beach: I have -- I have several comments. I think that there is potential to do
several things. It gets a little bit complicated, because the first step to get the other
six application types approved is to modify the Comp rehensive Plan map
amendment to mixed use community. In order to do that we would have to make
the finding that fits with what we require for that Comprehensive Plan and for the
mixed use specifically it's a minimum of three land use types. We have made the
finding already that because there is office right next to this that we can -- we can
fit this in, but if we don't change the Comprehensive Plan map amendment we
can't get the R-40 zoning -- or the R-15 even that the applicant is looking for or
really the C-C. So, they all kind of -- they all kind of stem from that application.
So, to answer a generic question is this is just one plat. They have platted the
storage units as one lot and they have platted the other residential portion as -- I
believe it was 22 lots. So, keep in mind that if we rezone this to R-15, the next
developer can come in and it would be potentially a permitted use for apartments
there. So, if the intent is to not have multi-family, I caution you against rezoning it
to R-15 or R-40, because, then, it would be a permitted use to do what they are
wanting to do. The rezone gets them to -- and the Comprehensive Plan
amendment gets them the ability to apply for multi-family.
De Weerd: But I didn't hear anyone saying that piece. It was only in consideration
of the storage units.
Beach: Sure. Again, the storage units aren't -- aren't allowed with the current
Comprehensive Plan designation.
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De Weerd: Okay. That's an important clarification. Council, any other questions
for Mr. Nary or Josh?
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: A question for Mr. Carpenter, just to make sure I understood what he had
said at the end -- was if it was considered to approve that portion of the project,
which may include a comp plan amendment to permit the storage unit portion
to go forward, the remaining portion of the 12 acres would remain L-O as it
existed --
Carpenter: Yeah. I mean the read I was getting is --
De Weerd: If you will just state your name again for the record.
Carpenter: Apologize. John Carpenter.
De Weerd: Thank you.
Carpenter: The sense I got is the residential didn't -- wasn't following the
development agreement and, obviously, development agreements get changed.
A lot happens over 15 years. We can't predict out in the future. But if the Council
is going to not go along with the residential, yes, I would like to do the storage
units. My clients would. There is one applicant just the storage units and one for
the residential. I asked James Doolin before I hopped up here if he was okay for
me to ask the question and he said yes. It appears as if the residential is not going
to get approved. And I may be wrong. I appreciate your questions. Those are
great. But I wanted to toss that out as Option B. Obviously, we want it to get
approved as planned, but I just wanted to throw that option out there. So, yeah,
we would be willing to get a conditional permit just for the storage units and leave
that additional five acres as light office.
De Weerd: So, Council, you have a couple of considerations in front of you and
you could also consider to continue this to have something more specific and --
and that the -- the residents in that area would be able to provide testimony specific
to what you're asking to come back or to be considered . Not in a separate
application, but in a continuation of this discussion.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
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Bird: I -- I don't want to see us continue it. I don't want to see us split it. These
people come in with a plan and -- and I think, as you stated, it is a nice plan and
stuff and so I'm -- I'm for one that we either go up or down tonight on it and I'm
having -- I'm having a -- quite a problem thinking of which way, you know, because
I was sitting there in 2002 when we thought we was doing something right.
Palmer: Madam Mayor?
De Weerd: Mr. Palmer.
Palmer: Madam Mayor, I move we close the public hearing on H-2017-0007.
Milam: Second.
De Weerd: I have a motion and a second to close the public hearing on Item 10 -
D. All those in favor say aye. All ayes.
MOTION CARRIED: ALL AYES.
Palmer: Madam Mayor?
De Weerd: Mr. Palmer.
Palmer: Madam Mayor, I move we approve all of H-2017-0007 as presented.
De Weerd: Okay. I have a motion.
Bird: I will second it for discussion.
De Weerd: And a second for discussion to approve Item 10-B -- or 10-D. Sorry.
Palmer: Madam Mayor, discussion?
De Weerd: Yes, Mr. Palmer.
Palmer: Madam Mayor and Mr. Bird, I -- I don't think that what you did was wrong.
You said you felt like what you were doing was right back in 2002 and I'm sure it
was. But it's been 15 years. Again, we have seen a lot of change and it's -- it's
had that designation for 15 -- it could have been built as that for 15 years. It may
be if we deny this they may go build light office next month. They may -- it may sit
there another 15 years. We have no idea. But, in the meantime, I feel like the --
the project that's been proposed is quality, it fits, it's against an arterial and also
against apartments. I feel like it’s a higher quality multi-family development than
its neighbor. It's not, as ones that we have see n before, where it's immediately,
you know, a whole bunch of R-4s. You know, we recently denied another one
where that was the main concern that -- if neighbors -- are a good transition, I feel
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like it's a quality project and I'd rather see it get develop ed as that than sit for a
long time and eventually something that may not be as good come along and we
approve it, because it's been sitting now for 20 years.
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: The five acres are zoned R-4; right? So, right now it's much more difficult
to find a single family home than it is to find an apartment. I think per -- I don't
know. Per -- I'm not a -- I'm not an agent. I am a landlord and I know that the
single family homes I have are -- go much faster than the attached product. That's
something that -- it isn't needed, but I very much honor and value the time of our
Planning and Zoning Commission that they put into this. As well as our citizens
who are all here saying we don't want this and I know we are talking about, you
know, 74 units -- which you're adding 74 units to another 171 units, which makes
the proportion of apartment buildings to single family homes in that square mile I
think too high, so as much as I think that they are nice enough apartme nts, I just
think it's the wrong location and that we could build -- you know, even it if was R-8
single family homes on that property that would sell very fast.
De Weerd: Any further discussion?
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: There is -- amongst everything else that's been considered and discussed,
there is a large amount of expense, time and money that goes into getting to this
stage of the development process and we rarely either pause and reflect or
continue for the purpose of -- of addressing an issue that's raised. But concerns
at least that I had lean on the residential area component of it, not the storage unit
component of it and to the extent there may be some mechanism that won't be
solved today to split these and clearly articulate the path that could allow for a
storage unit component to go forward and the residential unit to stay -- or that
portion to stay as is, that is intriguing and would be worth exploring to me, see if
that's an option in what that would look like. And in fairness to the applicant, give
them some opportunity to -- more than, you know, 20 minutes to think if that truly
is viable or if -- if they want to say it's all or nothing, respect that request as well.
But when they are tough projects like this, I'm not a big fan of -- of just making a
denial if that were to be where it may go if there is an opportunity to still save and
utilize viable portions of the project. There is a lot that goes into it, so --
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
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Cavener: To Councilman Borton's point, the motion before us isn't a motion of
denial, it's a motion to approve. Perhaps I would have different comments if this
was a motion of the deny, but as the motion before us is a motion to approve, I
think that we owe it to the applicant, staff, the time and energy -- to everyone here
to have our vote up or down, as Mr. Bird said, to approve or do not vote to approve
and if things don't go the way of approval, then, having that discussion about what
other options we want to look for.
De Weerd: Okay. Any further discussion? Mr. Clerk, will you call roll.
Roll Call: Bird, nay; Borton, nay; Milam, nay; Cavener, yea; Palmer, yea; Little
Roberts, nay.
De Weerd: Motion fails.
MOTION FAILS: TWO AYES. FOUR NAYS.
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: Well, I don't have a problem of separating it out if we have a good way to
do it and I still -- I still don't think we have clarity from to know if it's -- or advice
maybe from legal and from staff. Didn't know if it -- to really have a good
understanding of -- if we can do that or not in a clean manner or if we need to have
them bring back a different --
De Weerd: Well, I guess the option is you can reopen the public hearing and
instruct staff to work with the applicant and seeing how that could happen if that is
a possibility with the application that is in front of you at this time and bring those
options back. That way the applicant and the residents will -- will know what the
proposal is moving forward and what this Council would be asked to take action
on.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: I will float a motion out that may accomplish that. First I guess I would
move to reopen the public hearing on Item H-2017-0007.
Milam: Second.
De Weerd: I have a motion and a second to reopen the public hearing on Item 10-
D. All those in favor say aye. All ayes.
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MOTION CARRIED: ALL AYES.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: I would move that we continue Item H-2017-0059 for the purpose of giving
the applicant and staff an opportunity -- and the public as well -- to address the
potential and the mechanism to permit the storage unit component of the project
to proceed independent of the residential portion of the project. The report back
might describe a path that could allow it to happen. It will report back if there is not
a mechanism to do it and also the applicant has an opportunity to decide, based
upon those findings, whether they want to proceed or not. The applicant would
have an opportunity -- the applicant would have the opportunity -- as well as the
public -- at that continued hearing to provide some more final input on that definitive
plan, so the entire project would remain -- would remain potentially viable, but there
has been some clear direction that -- to the extent part of it can go forward and
part of it not, that opportunity exists and in the motion I made referenced to H-
2017-0059, which is the wrong application number. My colleague to my left -- it is
H-2017-0007 is the application that's here that we would be continuing. So, I make
a motion to continue for those reasons.
Milam: Second.
De Weerd: I have a motion and a second to continue this public hearing to June
--
Borton: Madam Mayor, June 6th would be great.
De Weerd: Okay.
Borton: If two weeks is enough time to accomplish that, that would be great.
De Weerd: Okay. To June 6th. All those in favor say aye. Any opposed?
Milam: Y'all come back.
De Weerd: All ayes.
MOTION CARRIED: ALL AYES.
De Weerd: Okay. So this public hearing will be continued on Tuesday, June 6th.
E. Public Hearing for New Beginnings (H-2017-0026) by
Chris Fuhrman Located 780 E. Ustick Road
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1. Request: Annexation and Zoning of 1.00 Acre of Land
with an R-4 Zoning District
2. Request: Short Plat Approval Consisting of Two (2)
Building Lots on 0.73 of an Acre of Land
De Weerd: Okay. Item 10-E is a public hearing on H-2017-0026. I will open the
public hearing with staff comments.
Allen: Madam Mayor, Members of the Council.
De Weerd: I don't think you're on.
Allen: Excuse me. Thank you. Madam Mayor, Members of the Council, the next
application before you is a request for annexation and zoning and a short plat .
This site consists of .73 of an acre of land, zoned R-4, located at 780 East Ustick
Road at the northeast corner of East Ustick Road and North Curt Drive. The
Comprehensive Plan future land use map designation for this property is low
density residential. The applicant has applied for annexation of zoning of one acre
of land with an R-4 zoning district, consistent with the corresponding future land
use map designation of low density residential and the policies in the
Comprehensive Plan as noted in the staff report. A conceptual development plan
was submitted as shown that depicts how the site is proposed to develop with two
building lots, for two single family residential homes, and a common driveway for
access to the homes via Curt Drive. Access via Ustick Road is prohibited. A short
plat is also proposed as shown there on the left that consists of two building lots
on .73 of an acre of land in a proposed R-4 zoning district. Access is proposed for
both lots via at North Curt Drive. A common driveway is proposed for access to
both lots. A 25 foot wide landscape street buffer is required along Ustick Road
and is required to be in a common lot maintained by a homeowners association .
A minimum five foot wide detached sidewalk is required to be constructed along
East Ustick Road and a minimum five foot wide attached sidewalk is required along
North Curt Drive. Conceptual building elevation of a single story home was
submitted as shown that represents the future homes in this development . As a
provision of annexation, staff is recommending a development agreement is
required that includes provisions for access and development consistent with the
proposed conceptual development plan and building elevation. Written testimony
has been received from Chris Fuhrman, the applicant. He is in agreement with the
staff report. Staff is recommending approval with the conditions in the staff report.
Staff will stand for any questions.
De Weerd: Council, any questions at this point? Does the applicant wish to testify?
Good evening. If you will, please, state your name and address for the record.
Tealey: My name is Pat Tealey. Office address 12594 Explorer in Boise.
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May 23, 2017
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De Weerd: Thank you, Pat. Will you pull the microphone a little bit closer. Thank
you.
Tealey: I'm representing the applicant Mr. Chris Fuhrman. I won't go through all
the specifics of the application. It seems like a pretty easy application on its -- on
its face. It complies with the comp plan. We are asking for an R-4 zone, which
allows 8,000 square foot lots. We are proposing two lots, one of 10,000 and one
of 17,000. It was a short plat and it was supposed to be like an expedited process
at the City of Meridian and it's just sort of evolved. So, I wasn't expecting much. I
basically made this same presentation that the applicant agreed was staff's
evaluation of the project and I -- and I sat down and, then, I assume you read the
Planning and Zoning staff report. I also noticed that there is still a lot of people in
the audience and I -- with the last application I couldn't figure out why they would
be here for this little two lot subdivision. Well, I soon found out. The name of the
subdivision has caused quite a bit of controversy. The applicant has always, from
the beginning, stated both to the staff in the pre-application and -- and other
conversations with staff, in conversations with me, that this was a single family
subdivision. He was going to build one house for himself and sell the other off .
We had a neighborhood meeting. Nobody showed up, so we -- when we got to
the Planning and Zoning meeting we were -- I was blindsided. The applicant wasn't
here and I was really sort of upset with him as I sat there and listened to all the
comments about what was actually going to happen in this subdivision -- two lot
subdivision. It's not 74 four-plexes. I found out through the neighbors that it was
going to be homes for -- I don't even know how to classify it. I guess disadvantaged
or refugee women with children and it baffled me. It -- and I think it did everybody
else at the -- at the meeting also. Like I said, I was pretty upset at the applicant
for not telling me that this is what was goin g to happen. So, I stated in there that
this was never part of the discussion and I tried to assure the neighborhood that
that was not going to be what was going to happen and first thing I did when I got
in my truck is I called the applicant and says what the hell did you do to me? I
mean you made me look like a fool in front of these people. Well, he assured me
that -- again, that that wasn't the case. This was not going to be some church
project for disadvantaged refugee women with -- they can probably explain it. They
will come up and tell you again what it's going to be. And, then, I went and got on
the internet, because I heard discussion of the internet. That's -- well, if you look
up New Beginnings, which is the name of the subdivision, that's what I stated to
begin with is where the problem was. You looked up -- look up New Beginnings
and it is a church and it is -- what they do, evidently, is house refugee -- people
that I have been talking about. I have been assured by the client -- and he has
written e-mails to me. This is not the intention. It was just -- I guess a poor choice
of names for a subdivision and he got caught. It was -- is not his intention to do
anything at all like this. This is a single family subdivision. One of them is going
to be his home, most likely he is going to sell the other one and that's probably --
and I -- and I'm sure -- I hope that the neighbors can feel assured by this, but guess
we will find out. Any questions?
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May 23, 2017
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Milam: Mr. President?
Bird: Any questions? Mrs. Milam.
Milam: Pat, did he tell you why they -- how they came up with that name? My
name is Genesis and it's a church thing and that means in the beginning and all
that, so I get all that, but did he tell you where that name -- because I kind of agree,
I mean when I read it I kind of felt the same way. Especially when you only have
two homes. Unless he's like divorcing his wife and they start all over --
Tealey: I think that's more than you probably would need to know anyway, but,
yeah, a small piece of land can only support --
Milam: I was curious about the name, If he told you where the name came from?
Tealey: No, he didn't.
Bird: Any other questions? Thank you, Pat. This is a public hearing. Is there
anybody else that would like to testify? Welcome.
Garrison: Hello. My name is Matt Garrison. I live at 3280 Curt Drive, which is the
house directly behind it. So, I will give you the whole story and see if I can clear it
up, because I was blindsided, too. Chris Fuhrman came to me -- one time he was
out there looking at the lot and I was out and he intr oduced himself and said he's
the new owner of the lot and he was planning on building a single family home for
himself and he was going to build another house and either rent it to his son while
he goes to BSU or turn it into a rental later. Both my wife and I thought -- we
always knew that there was going to be something in that lot. We thought, great,
that's awesome. It's going to be a little buffer from the road for us and sounds like
great neighbors. I told him let me know when the hearing is and, obviously, I would
go and I will come support you. So, I come to the hearing and all my neighbors
are here and there is like -- can you believe what's happening and I -- I don't
understand what's happening. I'm here to support him. He's building two homes.
So, somewhere along the lines we came up with this New Beginnings thing that it
was going to be a refugee housing. My only problem with it is -- is that Chris has
never come back and talked to me directly about it and said, no, that's not what
I'm doing and there is only 13 houses in the subdivision and he's never walked
down the street and introduced himself and said, hey, that's not what's happening.
Now, if I was moving into a neighborhood I would say that's not what's happening.
I'm going to be your neighbor. Let's be good friends, you know. None of that's
ever happened. He always sent him to the meetings. He never showed up to the
meeting. So, that makes me a little leery of what might be going on. I know that
after going through zoning that there is not much can be done with this anyway.
I'm aware of that. I do have some questions for you if I can get real quick. My
question is who, if anyone, regulates or approves that sort of housing if it was going
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May 23, 2017
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to be a multiple family or something like that? Is there any agency that they have
to go through to get a permit?
De Weerd: I can't answer that. Mr. Chatterton.
Chatterton: Madam Mayor, it depends, again, on what you're talking about. If
you're talking about -- the way I just heard this New Beginnings, which I guess
came off the internet, described as a treatment or group home for -- for refugees?
Garrison: That's correct. We understand that they are allowed to have up to ten
residents -- nonfamily residents in a house in Meridian.
De Weerd: So -- I'm still running this meeting kind of. I appreciate you all having
a conversation, but why don't we get your questions --
Garrison: Okay.
De Weerd: -- and will have them answered all once.
Garrison: Okay. So, that -- we understand that. So, I would just want to know if
-- if going forward there is two houses going in there and all of a sudden this does
take place, is there some sort of application process that they have to go through
to put ten residents in the house or is that just, you know, allowed? If that is
allowed, I will tell you that you're going to have a very large problem with parking
on Curt Drive with a stop sign right. There will be no room for -- I guess what would
be 20 people, say ten of them have cars, to park and -- and I'm going to be that
neighbor. I'm going to be that neighbor. I will not let it go by and I will be the
neighbor the calls every time there is a car longer than it should be. I will learn all
the rules. So, I don't know if there is a process. I'm comfortable with it being two
single family dwelling homes. I love that. That's a great idea. I just wanted to
know if there was a process that I will be alerted that that's going to happen the
other way. Thank you.
De Weerd: Thank you.
Coles: Madam Mayor, Tim Ratliff signed up as neutral and does not wish to testify.
Kim Shootson signed up as neutral and does not wish to testify. And John and
Lisa Villanueva signed up -- actually no indication of in favor or against, but did not
wish to testify. And that was all for the public hearing sign-in sheet.
De Weerd: Mr. Chatterton, can you perhaps share any insight you have on these
kind of group homes or is there a regulatory agency that -- that oversees that?
Chatterton: Madam Mayor. First, again, to reiterate that we have no indication
that these particular two single family homes would be used for a group home.
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De Weerd: We understand that.
Chatterton: And Mr. Nary can probably give you the legal definitions better than I,
but, effectively, a group home is a provision under federal law that allows the
housing of individuals with disabilities in -- in group settings and the -- without going
into too much detail, regulatory agencies, cities, counties are not allowed to --
really, the test is you're not allowed to regulate them more than you would a single
family home. That is these unrelated individuals are considered a family under --
under federal law. We -- there is no permit process for this. Anyone living in the
City of Meridian in a subdivision could have a group home move in next to them .
The city doesn't know where all the group homes are , nor are we allowed to
necessarily pierce that veil. We have to be very careful with that.
De Weerd: Okay. We know that. But is there an agency that does look for health
safety, any kind of oversight. Any agency --
Chatterton: I'm not aware of that. In the case of halfway houses, often you have
the Department of Corrections involved, sometimes you have Health and Welfare
involved with those. They are not regulatory agencies, they are partner agencies
in that case. That's my understanding of -- of halfway houses. As far as -- I think
it depends on where the money comes from for such things. Again, we have no
indication that that's what these single family homes would be used for, any more
than any other single family home anywhere in Meridian would be used for a group
home.
De Weerd: Mr. Nary, anything you wish to add?
Nary: Madam Mayor, Members of the Council, so -- I mean Bruce is a hundred
percent on. All we have the authority under this application is to whether to allow
this property be annexed and allow the property to be divided into two parcels.
Who lives in it, what it looks like -- all of that, the only standards we have are our
building standards and that's the only decision point for this Council. Everything
else beyond that is not allowed, would definitely be something a court would have
serious concern with and we only can make this -- you know, we cannot make a
decision based an assumption.
De Weerd: And I don't think that was the question. The question that the citizen
asked was is there an oversight by any kind of governmental agency and I don't
know that answer.
Nary: Madam Mayor, Members of the Council, the only other thing I can think of
from what Bruce stated is refugees in this country are regulated by the federal
government through the Department of Homeland Security. So, when refugees
are placed in communities, in this state and other states, those are all done through
the federal government and none of it's done at the local level. So, is there any
warning or meetings or hearings -- generally not, but it would depend on the federal
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May 23, 2017
Page 77 of 99
regulations that I'm not familiar with the specifics, but I'm not aware there is public
meetings about those that are required.
De Weerd: Thank you. Okay. Is there any person who would like to testify that
didn't sign up? Okay. Any final comments from the applicant?
Tealey: Pat Tealey. As far as why I'm the one representing Mr. Fuhrman, he hired
me to do that and that's my job. I'm not in cahoots with him. If -- if he turns this
into what they are talking about I'm going to be just as mad as the neighbors are,
because it would appear that I'm not representing something faithfully in front of
the Council that I have to come in front of again. I just don't do that. So -- and
they did have -- I assumed that they had a chance to comment at the neighborhood
meeting, which Mr. Fuhrman held and nobody showed up. So, maybe some of
that could have been clear up prior to. Thank you.
De Weerd: Thank you. Council, any further information needed? Is there
additional testimony? If you will, please, state your name and address for the
record.
Villanueva: My name John Villanueva. I live at 3466 North Curt Drive in Meridian.
De Weerd: Thank you.
Villanueva: I was never made aware of any meeting with Mr. Fuhrman as far as
to discuss a neighborhood meeting at all. I was just told that houses were going
to be built and we did a little bit of research and looked into it and I feel the same
as that -- in the idea that I think it's kind of odd that he's not here representing
himself and if it really was his intention to build single family homes for himself
maybe he would talk to us. There is only a few of us there. He could talk to us
and settle us down. That's just not the way -- he's coming across at this time. But,
really, it appears that there is not much we can do. So, I appreciate you listening
to me. Thank you for your time.
De Weerd: Thank you. And I will tell you it's not unusual to have the
representative, not the property owner. That's more our experience. Any further
testimony? Did I -- okay. Council, anything further?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Hearing nothing, I move we close the public hearing on H-2017-0026.
Milam: Second.
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May 23, 2017
Page 78 of 99
De Weerd: I have a motion and a second to close the public hearing. All those in
favor say aye. All ayes.
MOTION CARRIED: ALL AYES.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: As Mr. Nary so nicely stated, we are just passing on an annexation and
zoning request and a short plat approval and it seems like he had jumped through
all the hoops, so I would make a motion that we approve H-2017-0026 with
applicant and staff comments.
Milam: Second.
De Weerd: I have a motion and a second to close -- or to approve Item 10-E. Any
discussion? Mr. Clerk.
Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little
Roberts, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
F. Public Hearing for Rockbury Subdivision (H-2017-0018)
by Rock Harbor Church, Inc. Located 6437 N. Tree
Haven Way
1. Request: Rezone of 25.06 Acres of Land from R-15
(8.95 Acres) and C-N (16.11 Acres) to R-15 (6.71
Acres) and C-N (18.35 Acres) Zoning Districts
2. Request: Preliminary Plat Approval Consisting of Two
(2) Common Lots, One (1) Commercial Lot and One
(1) Multi-Family Lot on 23.56 Acres of Land in the
Proposed R-15 and C-N Zoning Districts
3. Request: Variance to Allow a Limited Access (Right-
In/Right-Out) Through a Shared Driveway onto
Chinden Boulevard
4. Request: To be Removed from the Existing
Development Agreement for Tree Farm (Inst.
#106151518) and to be Placed in a Separate
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Development Agreement for this Development
De Weerd: Item 10-F is a public hearing for H-2017-0018. I will open this public
hearing with staff comment.
Palmer: Madam Mayor?
De Weerd: Yes, Mr. Palmer.
Palmer: Real quick if I might disclose that the applicant is the largest renter of my
family -- my parents' building, though I have no financial interest in that building or
anything else that they do. So, I just wanted to disclose that. But I do plan on
participating in the discussion and voting.
De Weerd: Thank you for that disclosure.
Little Roberts: And Madam Mayor?
De Weerd: Mrs. Little Roberts.
Little Roberts: I feel like I should also disclose that that is the church that my family
and I attend, although do not benefit financially from attendance and I wanted it on
the record that that is our home church.
De Weerd: I have to reveal I have gone to that church and still watch their -- their
sermons online. But I will not financially gain either. I do spiritually gain, though.
I will say that.
Nary: Madam Mayor, just for the record, if you don't mind, for the Council and for
the public record, we did receive these requests from Council Members in regards
to their interaction and under the Idaho Code and Council Member Palmer and
Council Member Little Roberts hit on that -- the Council -- the code requires some
financial interest personally to the Council Member or a member of their
household. So, even though it may be Council Member Palmer's family, since he
doesn't reside there or receive financial benefit from that and Mrs. Little Roberts
merely attends that congregation, neither of tho se violate the Idaho Code. So, I
just wanted to make that clear for the record.
Palmer: Madam Mayor?
De Weerd: Mr. Palmer.
Palmer: I just wanted to make sure no item went without a little drama, so --
De Weerd: Because we haven't had any yet. Okay. Josh.
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May 23, 2017
Page 80 of 99
Beach: Very good, Madam Mayor. This is an application for four application types
associated with this. It's a rezone of approximately 25.6 acres of land from R-15
and C-N to R-15 and C-N. They are just modifying the dimensions of those slightly.
Request for a preliminary plat consisting of two common lots, one commercial lot
and one multi-family lot on 23.56 acres of land in the proposed R-15 and C-N
zoning districts. Request for a variance to allow a limited access right-in, right-out
through a shared driveway to Chinden Boulevard. A request to be removed from
the existing development agreement for the Tree Farm Subdivision and to be
placed in a separate development agreement for this specific project . So, having
said that, the site consist of, as I said, approximately 25.6 acres, which is currently
zoned R-15 and C-N, located at 6437 North Tree Haven Way. A little history on
this project. The property received annexation in 2006 and conceptual approval
to develop a mixed use community consisting of single family residential,
townhomes, multi-family and neighborhood commercial, which was known as the
Tree Farm Development. The Comprehensive Plan future land use map
designation is medium density residential. As I said, the applicant is proposing to
rezone -- not two different zoning designations, but to slightly modify the current
zoning designation to fit what their desired use of the property is. A development
agreement modification, as I said, to remove this project from the current
development agreement and to place it in their own, maybe tied to their elevation
and any conceptual site plan. The applicant's current desire -- as I can move on
to the -- this is the current Tree Farm designation for the property and as you can
see here in the box it's varied uses proposed for this piece. Their preliminary plat
consist of, as I said, essentially, two lots, an R-15 lot here on the north side. It
would be just one lot currently and proposed it would have to come back before
the Planning and Zoning and City Council for further subdivision in the future and
the church being proposed would be on the southern portion up against Chinden
Boulevard. So, staff has reviewed the proposed plat for compliance with the
applicable standards in the UDC. Access for the property at this time -- the primary
access into the development is North Tree Farm Way via Chinden Boulevard. This
roadway will eventually be extended through the adjacent property, intersect with
Black Cat Road, and insuring the primary access from Chinden Boulevard, as I
said, North Tree Farm Way. The UDC does require Council waiver for two access
points currently proposed to North Tree Farm Way. So, as you can see here on
the site plan, the applicant is proposing -- applying for a variance to have a
secondary right -- right-out access onto Chinden -- onto Chinden Boulevard. It
does require a Council action. Moving on to the conceptual elevations. The
applicant has submitted sample elevations to depict the design of the church
proposed for Lot 2, Block 1, of the subdivision. The church elevations incorporate
glass, metal ownings, stucco, two variations in metal siding and transition wall
panels. In general staff is supportive of the proposed building elevations . Further
refinement of the church elevations proposed on Lot 2, Block 1, should comply
with the submitted conceptual elevations and comply with the design standards.
So, the building will have to come through certificate of zoning compliance and
design review. A little history from the Planning and Zoning Commission. The
Commission did recommend approval of the project. It was heard on April 20th.
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Scott Wonders and Scott Harrop are in favor. In opposition was Robert Neufelt.
Commenting were Robert Ebert, Tom McNeill, Jamie Koozie, Robert Nuefelt and
Denise LeFevre. Written -- written testimony was received by Robert Ebert. I
was the staff that presented the application. Bill Parsons also commented. Key
issues of public testimony for this application were traffic through the area,
especially on North Tree Farm Way and has been increasing recently. Concerns
about the amount of traffic through the area and for pedestrian safety. Discussions
about how the addition of berms on the property would g reatly reduce noise.
Concerns about the lack of parking for the residences and where the guests would
park. The issues of discussion by the Commission were discussions about berms
and what is required by the city versus required by ITD. Potential for alternative
compliance to reduce or remove the berms from along Chinden Boulevard. The
Commission changes to staff's recommendations were to modify condition 1.1.1C
to read as follows: The applicant shall coordinate with ITD on the amount of right
away required adjacent to Chinden Boulevard in accord with UDC 11-3H. So, a
little clarification on -- on that specific item. We were afforded a plan by ITD that
indicated a certain amount -- a letter from them indicating a certain amount of right-
of-way width on Chinden would be required. We, then, referenced a plan for that
and there was discrepancy. So, we wanted to make sure that that specific thing
was ironed out. So, we left that kind of vague, so that we could ascertain the exact
amount that would be required. I think we have -- we have reached that. Add
condition 1.2.4 to read as follows: Prior to the City Council hearing the applicant
shall provide a horizontal elevated landscape plan. Modify condition 1.1.1D to read
as follows: The existing tenants and businesses shall vacate the premises by
December 31st, 2017. There is some existing structures on the property with
existing tenants and wanted to make sure that those tenants were out of there
fairly soon with the development of this project. Modify Condition 1.2.2 to read as
follows: Construct a 35 foot wide landscape buffer adjacent to Chinden Boulevard
as proposed. If the unimproved street right of way along West Chinden Boulevard
is ten feet or greater from the edge of pavement, to edge of sidewalk or property
line, the streetlighting project is not in the transportation authority's five year funded
plan. The developer is required to maintain a ten foot wide compacted gravel
shoulder meeting the construction -- construction standards of the transportation
authority and landscape the remainder with lawn or vegetative ground cover in
accord with the UDC. The applicant shall enter into a license agreement for the
landscape improvements within the right of way. I realized that was a very long
condition. Add Condition 1.1.1F to read as follows: The applicant shall either
install the berm along Chinden Boulevard as required by the UDC or apply and
receive approval for alternative compliance. The only outstanding issue before the
Council is the variance request for a direct access to -- to Chinden Boulevard. With
that I will stand for any questions.
De Weerd: Council, any questions for Josh at this time? Okay. Thank you. Good
evening. Thank you for sticking with us.
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May 23, 2017
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Wondesr: Good evening. Scott Wonders. JUB. 250 South Beachwood in Boise.
Here representing Rock Harbor Church, the applicant on the project. I also have
Pastors Keith Harrington and Scott Harrop with me tonight should you have any
questions in regards to the church itself, operations, et cetera. I believe we are in
agreement with all the conditions that were modified at the Planning and Zoning.
I will go through a little bit of history. This piece was zoned, obviously, with the
Tree Farm development in 2006. It was zoned R-15 and C-N. We are just
modifying it slightly after the zoning and through the process of development the
Settlers Canal was tiled through there, so we have a 40 foot easement that kind of
zig zags through here that we have tried to accommodate in the site plan and it
just made a logical boundary between the C-N and R-15. So, that's why we are
modifying the zoning slightly to accommodate that. Obviously, we have the
preliminary plat, new development agreement and the variance request for the
right-end, right-out along Chinden. When the church was looking at this property
late last fall, they started engaging with the Spurwing HOA and the developers to
figure out what the issues were and meeting with the board and, obviously, traffic
was the number one issue that seemed to be coming up repeatedly in this area .
Obviously, there was another zoning -- or not a zoning. Another preliminary plat
recently, just to the northwest of here. And the fact that Tree Farm doesn't connect
to Black Cat and Black Cat to Chinden quite yet. So, we looked at ways of
modifying the plan -- or actually designed the plan to accommodate for as many
ingresses and egresses as we possibly could, knowing a church doesn't have a lot
of daily trips Monday through Saturday for that matter and really only has, you
know, a small peak for about four hours on Sundays. But knowing that and
knowing that the conditions that are out there, we looked at adding ingresses and
egresses. We have the two that were pretty much there off of Tree Haven Way,
with the existing preliminary plat and, then, we added, in addition to that, a northerly
exit onto Tree Farm Way, which you see on the very northwest corner of the
property, kind of shaded in grey. That would be a shared access with the property
to the west that is proposed to be commercial in the future and, then, also in right-
in, right-out onto Chinden at the very southwest corner, which, again, would be a
shared drive with a commercial -- for future commercial to the west in the future.
We met with ITD. It does meet their spacing criteria. We have not submitted a
traffic study or an application. We are coming to the City Council to request a
variance for this access prior to moving forward with the traffic study and the
application. But I have met with them at least four times now on this specific
application and it's a quarter mile spacing in either direction and it does meet their
criteria. I did get to the right-of-way classification. They are requesting a hundred
feet north of center line from this location and we have adjusted our site plan to
accommodate for that future right of way and for the required buffer that's required
by code. Right before Planning and Zoning -- literally the day before or even that
morning, we found out that there is a stipulation in Meridian code that requires a
ten foot buffer along Chinden, just because it -- I always thought it was applied to
residential that were immediately adjacent to Chinden, but there was a provision
in there for schools and churches. But knowing that this was commercial all along,
the intention was never to create to be foot berm along here and so although we
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May 23, 2017
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were providing intermittent berms -- and I don't know if, Josh, you can zoom into
that landscape section along Chinden, it -- we are proposing like four to six foot
high or four to five high berming intermittently along Chinden and so if we are
required to stick with the UDC criteria for that, we are fine with that. W e have
actually commissioned an acoustical engineer to provide a sound study that we --
I actually provided to the city on Friday that we will use in the future for the
alternative compliance and, basically, what it's saying is that -- that for a ten foot
berm the only person that really benefits from those high terms are those that are
immediately on the adjacent side of that and as you get further and further away
from that berm, the impacts or the reduction in noise is not -- it's not beneficial and
it's to about a distance of 250 to 300 feet alone, just quoting the memo from the
acoustical engineers. So, our intention all along was to provide berming within all
of our landscape buffers, although they are just going to be, you know, more of an
aesthetic aspect where there is going to be, you know, varying in heights and
intermittent and not like a solid, uniform berm that's planted to death to provide an
ultimate screen. So, that's kind of where we are at with that. A little bit of history
on Rock Harbor. It sounds like some of you may already know, but they are current
-- you currently use Rock Harbor -- or excuse me. Rocky Mountain High School
for the last five years and start out with just a handful and now they have pretty
much reached capacity for that area and so this is going to be, obviously, the new
home for Rock Harbor Church. The initial phase is going to be about a 45 to 50
thousand square foot facility with an ultimate configuration of possibly reaching
73,000 square feet. All the existing tenants -- I think, again, it was kind of clarified
that we are requesting that those tenants just vacate those existing buildings on
the site by the end of the year. When Rock Harbor purchased the property there
was some existing leases to those buildings, even though we now know that they
were not in conformance with I guess city code, but they just want to honor those
leases until the end of the year and, then, they will -- those buildings will actually
be taken down with the process of building the new church and that, which leads
me to the timing for the church, which is always very important. So, their goal
would be to be in this new facility by the spring of 201 9. So, basically, two years
from now. It will take about another eight to nine months to detail the plans and
get them submitted and approved through the city and, then, obviously, almost a
year or just about a year to construct the facility. So, from a timing aspect it would
be spring of 2019. And I believe that's everything I have and I could stand for any
questions you may have.
De Weerd: Council, any questions for the applicant? Okay.
Wonders: Thank you.
De Weerd: Thank you.
Coles: Dirk Benatri signed up on the sheet with no indication for or against and no
indication of testimony.
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May 23, 2017
Page 84 of 99
De Weerd: Would you like to come forward? You need to talk on the record. I
apologize. If you will state your name and address for the record.
Benatri: Yes. I'm Dirk Benatri and I live at 6458 North Pira Avenue in Spurwing.
De Weerd: Thank you.
Benatri: I recommend approval of the variance request for that extra road. The
road -- the burden on that road is already going to be crazy, as we know from the
other subdivision that got, apparently, a variance to Black Cat Road out. So, we
are already having trouble getting out in the morning as it is and it's only going to
get worse. And it's all compounded with Chinden and that -- that sort of thing. And
I need to reiterate, I guess, looking at what was said, that, you know, I really think
the state and the city are a little -- a little bit behind on all of this when they -- when
they allow unbridled growth of this area -- and I just see it all over the place and I
look for different ways to get to work all the time. I work at the hospital downtown
and in Meridian and it's -- it's difficult and Chinden is just a turd show and, for lack
of better words, it is a mess, it is a disgrace. It really is. There is just way too much
traffic on it. I just -- and I have to avoid it and it's getting worse and it's going to
continue to get worse and you know the state doesn't have the solution for it. So,
that's --
De Weerd: You need to speak in the microphone.
Benatri: -- on everybody to do something about it. The leadership here. The city
with the state.
De Weerd: We certainly agree with you and I hope you're part of our Chinden
Boulevard mailing list and -- and use your voice every time you absolutely can . I
want you to know that the traffic on Chinden is not just Meridian cars.
Benatri: Oh, no. I understand that.
De Weerd: And that will -- and that growth is not just for Meridian, too, so, we -- I
will say I am in full agreement with you, that that road needs widening and we do
have legislators that are working and trying to get funding options, but there is not
a whole lot of tools out there right now.
Benatri: It's getting less and less safe. I mean the state -- state got up on 44, they
took care of State, they took care of Eagle after a lot of years, but they just forgot
about Chinden.
De Weerd: Thank you.
Coles: Glen Humphrey signed up as neutral with no indication of testimony.
Marsha Dennis signed up in favor with no indication of testimony. Tom Marene
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May 23, 2017
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signed up as neutral and does wish to testify. I apologize if I mispronounced your
last name.
De Weerd: Thank you for joining us. If you will, please, state your name and
address for the record.
McNeill: Hi. I'm Tom McNeill. I live at 4221 West Greenspire. We are at the
corner of Tree Haven and Tree Farm. So, we are impacted by this property
development a great deal. I'm also -- and I'm going to take my -- I can't say -- I do
need to say things three times. I am a member of the board -- two boards in
Spurwing, so it says I get to talk longer that way, so whether I will or not --
De Weerd: You are a spokesperson then?
McNeill: I am. I'm the only one from the board that is here. If you would indulge
me. I, first of all, would like to say that the church has done a magnificent job of
being a new neighbor. They have approached us again and again and again and
let us know what they wanted to do. So, I am in favor of their project. The issues
I have have to be addressed in some fashion and it might even be as simple as
you -- that the City Council gets the swim center and library back on the ballot and
-- and let us see if we can support that , so we can get Black Cat -- the Black Cat
has to be developed for -- in order for this property -- especially the R-15 property
to be successful. I do know a little bit about the numbers of this. There was a
traffic study last fall and interestingly enough ACHD did it in October. They said
the -- the -- what that traffic light can support is 2,900 vehicles through it a day. In
October was 3,095. So, even with that information we should have been at a
meeting with you with the M3 Development with the northwest corner of this
development and that was approved without our neighborhood being in that and,
let me tell you, we would have been -- because they are coming right by our -- they
are using our -- our road, which I know is a county road, but -- so, when this R-15
is developed we are not going to have -- M3 doesn’t have to develop Black Cat
until they have the 91st lot sold in their development. So, we have a possibility of
another 90 homes going in this six acres here and Black Cat with no agreement
and I know that we still have Planning and Zoning that has to happen with that
property, but this road, Tree Farm, is -- it's falling apart because of the amount of
traffic that goes over it right now and even though the church only impacts it on --
on Sunday, it's going to be an impact. I'm so glad they are doing the right-in, right-
out. You have to -- that's the only way that it's going to work at all and, then, I'm
going to really try to communicate with the church members -- please go right.
Don't try to use Tree Farm, that light, because the light right now with what we
have, will have ten or 15 cars backed up at that light and you can get four or five
at the most to get through in the mornings. So, that is the biggest issue we have
with the project is the traffic and you will hear this -- how many times have we
heard that tonight on traffic, traffic, traffic and Chinden -- since I become a board
member I have been with the ACHD planning committee and their plans on
Chinden are grand, but we will all be retired and many of us may be gone before
Meridian City Council
May 23, 2017
Page 86 of 99
they are completed and it's -- it's sad that we don't have the finances and unlimited
resources for that. But that is the way it is. So, if you can figure out a way that we
can get the swim center going again, that's your proposal, I will support you, I will
come and speak and -- I don't think you had a good enough PR last time. So,
that's -- Black Cat has to be developed. Just has to be and city dollars is going to
have to come into that sometime. That's all I got at this time. Thank you.
Palmer: Madam Mayor?
De Weerd: Mr. Palmer.
Palmer: I see Justin squirming back there, taking ownership of Chinden. Chinden
is an ITD as a state highway.
De Weerd: It still needs to be fixed. We don't care who owns it. It needs to be
fixed. Mr. Clerk.
Coles: Thank you, Madam Mayor. Lisa Queverson signed up as neutral, with no
indication of testimony. And Denise Hansen -- and apologize, I cannot figure out
the last name. LeFevre. Signed up as neutral, but wishes to testify.
De Weerd: Good evening. Thank you for sticking with us. If you will, please, state
your name and address.
Lefevre: Denise Hanson Lefevre. 6706 North Salvia Way. I am part of the
Spurwing group and the neighborhood and I'd like to say I am pro development. I
am pro the church. I think they have done a really good job of commenting to the
neighbors and I'd really like to see the variance approved, the right-out onto
Chinden and if this -- if I read this site map correctly, they did take into
consideration the flow out onto the eventual way out to Black Cat onto the north
there, so if I read that correctly and they do plan on putting that -- that exit onto the
North Tree Farm onto Black Cat, I'm absolutely ecstatic and look forward to having
a good neighbor. So, that's all I have to say and I hope they use it more than
Sundays. I hope they find other uses to use the church, in the evenings and in
daycares and whatever else they would like to do with it. So, that's all I have to
say.
De Weerd: Thank you.
Coles: There were no other sign-ups, Madam Mayor.
De Weerd: Okay. Is there anyone else who wishes to provide testimony? Okay.
Would the applicant like to provide final comments?
Wonders: Thank you, Madam Mayor, Council Members. Scott Wonders again for
the record. Just a brief couple items to cover -- the R-15 was left as one lot.
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May 23, 2017
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Obviously, the church are not developers, so they are just going to end up holding
onto that lot and maybe have someone else purchase that lot and come back om
with an R-15 development at a future date. So, that was why it was just merely
left as one lot. To clarify, yes, there is going to be a secondary access to Tree
Farm Way that we are requesting and that is one point that -- in the staff report
there is a waiver that I guess we are needing to request for that for ha ving two
access points off of Tree Farm Way along that section, one for the church and,
then, obviously, the one for the R-15 parcel and one of the items for that location
of that entrance, as you see there, that's immediately to the east of our -- the
church's entrance, we kind of strategically put that access at that location and that
was the way it was originally shown on the -- on the previous plan, just to kind of
focus the traffic to the west and into Black Cat and not so much back on Tree Farm
Way and Tree Haven Way. So, it was kind of a strategic location for that. So,
other than that I can stand for any other questions that you might have.
De Weerd: Thank you. Council, any questions? Okay.
Wonders: Thank you.
De Weerd: Thank you. Okay. Council, any questions for staff?
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: Mr. Nary, are there specific findings we need to put into a motion with
regards to the variance? Unique characteristics or otherwise or not?
Nary: Well, Madam Mayor, Members of the Council, Council Member Borton, I
guess I'm a little tiny bit confused and -- there is an application letter in here from
the applicant for a variance. That's not discussed at the Planning and Zoning level,
because it only can be granted by the Council. There is discussion in the staff
report about the variance, but there is no findings suggested, either approval or
denial, by staff. I heard the applicant say he still needs to apply for the variance
and do a traffic study. So, to me I think we are premature in granting a variance
without enough information. But to answer your question specifically Idaho Code
67-6516 requires specific findings in regards to variances and requires that the
applicant, upon a showing of undue hardship because of characteristics of the site,
that the variance is not in conflict with the public interest. So, that's a specific
finding and when it talks about undue hardship in the -- both in the code and the
case law, undue hardship is something that's not created by the property owner,
but created by the geographic dimensions and topography of the property itself .
So, those would be the findings you would have to make, but it seems -- and maybe
I'm missing something that I didn't see in the report, but it seems like we are
premature to grant a variance at this point.
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May 23, 2017
Page 88 of 99
Borton: Madam Mayor. That's -- that's the question. We can provide direction,
but the actual application itself has not yet been presented?
De Weerd: Well, this was listed as one of the outstanding issues for City Council.
Beach: So, Madam Mayor, Members of the Council, the question -- did they apply
for a variance? And the answer is, yes, if that's the question. I guess I want to
make sure that was actually the question for Mr. Nary.
Nary: Madam Mayor, Members of the Council. So, yeah, the question was -- I
see that in the documents of the application that there was an application for that.
I heard the applicant say he still needed to apply for it and do a traffic study. In
looking at the staff report, there is no findings to either approve or deny this based
on the code. So, that's the information that Council doesn't have to make a
decision on on whether or not it complies with the code or it doesn't.
De Weerd: Is there anything you would like to add? It's number three on our
agenda, the variance, so --
Wonders: Scott Wonders again for the record. What we are requesting is the --
because we need the variance for the right-in, right-out, that's what we are
requesting and I think we would be looking for maybe a conditional approval of the
variance, subject to the ITD permit. It's just a matter of submitting the right-of-way
application and the traffic study that supports the turn lane dimensions, which is
what it would be required and we were hoping to grant -- or obtain that variance
through the city first before applying for the right -of-way permit through ITD, just
because it involves some additional expenses to the church that we are trying to
avoid, just to make sure that you guys -- being the City Council would be
acceptable to the variance subject to that condition. I hope that helps. Thanks.
Beach: Madam Mayor, real quick if I might. Mr. Nary, looking to the staff report,
on page 34 there are findings for a variance, if that's -- Item 3 under the findings.
Had me in a panic for a minute. I would also mention that we did receive a letter
from -- you probably all received this, but from ITD indicating no objection to the
construction of the church on the property and they discussed the access, but you
have probably already all read that. But we do have comments from ITD, so --
Nary: So, Madam Mayor. Madam Mayor, Members of the Council, I apologize,
So, I do see Josh's findings. I was confused when he was talking about the
application, I thought he was talking about hours and it appears the application
was talking about the ITD application for the access point, not an application
through us. So, I apologize for my confusion. And there are -- there are three
findings here on page 35 of the staff report that do address the specifics of the
Idaho Code.
De Weerd: Okay. Any other questions?
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May 23, 2017
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Borton: Everybody pass the variance.
Bird: Yeah.
De Weerd: Okay.
Milam: Conditionally.
De Weerd: Do I have a motion to close the public hearing?
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: I would move to close of public hearing on Item H-2017-0018.
Little Roberts: Second.
De Weerd: I have a motion and a second to close the public hearing. All those in
favor say aye. All ayes.
MOTION CARRIED: ALL AYES.
Borton: Unless I get a nod from legal counsel otherwise, I'm going to make motion
that would address all four components of it. I would move that we approve Item
H-207-0018 in all respects to and including the variance request with the findings
set forth in the staff report, the proposed findings which justify the unique
characteristics of this parcel and its physical components, that the variance is
warranted. So, that -- the entire application to be approved.
Bird: Second.
De Weerd: I have a motion and a second. Any discussion?
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: Obviously that's conditional upon verbal from ITD on the variance.
Bird: Yeah.
Borton: Correct. It's -- it's all the permission that we can grant.
De Weerd: Okay. Any further discussion? Mr. Clerk, will you call roll.
Meridian City Council
May 23, 2017
Page 90 of 99
Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little
Roberts, yea.
De Weerd: All ayes.
MOTION CARRIED: ALL AYES.
Item 11: Department Reports
A. Finance: Agreements
1. Approval of Award of RFP and Agreement to Enviro-
Care for the “PERFORATED PLATE SCREENS
EQUIPMENT” for the Headworks Expansion project
for a Not-To-Exceed amount of $522,400.00. This
agreement is being funded in two fiscal years: 2017
(Oct. 2016 – Sept. 2017) $52,240.00; 2018 (Oct. 2017
– Sept. 2018) $470,160.00.
2. Approval of Award of RFP and Agreement to JWC
Environmental for the “WASHER COMPACTOR
EQUIPMENT” for the Headworks Expansion project
for a Not-To-Exceed amount of $309,750.00. This
agreement is being funded in two fiscal years: 2018
(Oct. 2017 – Sept. 2018) $278,775.00; 2019 (Oct.
2018 – Sept. 2019) $30,975.00.
3. Approval of Supply Agreement to APSCO, LLC for the
“Hidrostal Pumps for the WRRF Headworks
Expansion” project for a Not-To-Exceed amount
of $1,165,737.00 with 2017 spending authority of
$233,174.40.
4. Award of Bid and Approval of Construction Contract
to The Ewing Company, Inc. for the “WRRF
Headworks Capacity Expansion” project for a Not-To-
Exceed amount of $9,729,000.00 with 2017 spending
authority of $4,075,037.00
De Weerd: Okay. Item 11-A is under our Finance Department.
Watts: Good evening Madam Mayor, Council Members. Not to make you feel
bad, but about 9:30 I went out for a walk tonight and it's an absolutely beautiful
evening tonight. Ty will have a nice drive home.
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May 23, 2017
Page 91 of 99
De Weerd: Well, thank you so much for telling us that.
Watts: I have four contracts before you tonight for the wastewater headworks
project and the reason that we are doing a department report was, again, instead
of on Consent Agenda is these four contracts are all being funded over multiple
fiscal years, multiple budgets, and they have different amounts, of course, for this
FY-17 and '18 and a couple into '19 as well. I will start off with the first contract
before you and that's the perforated plate screens. That was an RFP that we had
issued. We ended up getting four responses to that and we have selected Enviro-
Pure as the vendor. I guess I will go back and state one more item for these
contracts. The reason why these mechanical or equipment supplier contracts are
being split over the fiscal year is we don't need them right now, but we have got to
get the orders placed in order to get them in the manufacturing queue. So, that's
the reason to split these into fiscal years. The perforated plate screens is 522,400
dollars with 52,240 requested for this fiscal year and an estimated -- or, actually, it
is an exact amount of 471,061 fiscal year '18. That's the balance of that contract
upon delivery. Would you like me to go through all of them and then -- okay. And,
then, our next one is for a washer compactor. We issued an RFP on that piece of
equipment as well. These were all formal RFPs that were issued, advertised, and
left open for quite some time. We did only receive one proposal on the washer
compactor. The cost on that one was 309,750. We -- I negotiated a contract with
these folks to eliminate the need for a payment performance bond on it and not
take -- not have any payments due until delivery. So, there is no funding required
this fiscal year on that contract. That saves the city about 30,000 or so on that --
what they were waiting for a supply bond. Our third contract is for hydrostal pumps.
There is six pumps in this contract. This was a sole source that was brought before
Council -- see if I can find my date here. That was October of 2016 is when we
got the sole source. Finished going through the design process, negotiating the
contract, and now we have that contract here before you. That contract is
1,165,737 for all six pumps, with 233,174.40 being requested for FY-17 and
932,562.60 for next fiscal year '18 on delivery. And the last contract that we had
that's for the construction contract for the headworks project . That was a bid that
we went out and did pre-qualifications of the general contractors for. We had five
contractors, I believe, prequalified. We received four bids from those five
contractors. Ewing Company was the low bid at 9,728,000 dollars and we are
requesting 4,075,037 dollars for fiscal year '17. 5,439,316 was the estimate for
'18. It will be dependent upon construction. And, then, 214,647 in '19 is the
estimate. The total of these contracts for the FY-17 request is 4,360,451 and we
have ample budget with a signif icant amount remaining to go on FY-17.
De Weerd: Council, any questions?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
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May 23, 2017
Page 92 of 99
Bird: Just a statement. Keith, I appreciate you staying and doing this with these
contracts, because it's nice for the public -- not only us to know, but the public also.
I see that -- that from now until October 1st John is going to have approximately
40 percent of his work done?
Watts: He may be a little overexaggerating the amount of work he's going to
complete in the next few months, but that is his estimate. I talked to John Monday
-- or, actually, I think last Friday, John came in and we talked for a while and he
thinks he can hit that. But he does think it's conservative, so --
Bird: I wouldn't want to be in Tuck's shoes. Madam Mayor?
De Weerd: Mr. Bird.
Bird: If we don't have any questions, I would move that we approve and award the
RFP and agreement to Viral Care for perforated screens and equipment for the
headworks and in the amount of 52,240 dollars.
Borton: Second.
De Weerd: I have a motion and a second. Any discussion?
Watts: That contract -- excuse me --
Bird: Oh, you want the whole amount?
Watts: Well, the contract is getting written for the entire amount, but the fiscal year
funding -- as we do have the funding clauses --
Bird: That's just what I forgot to add.
Watts: Yes.
Bird: All these contracts are going out for the full amount.
Watts: Yes.
Bird: Okay.
Watts: We are writing the contract language for the full amount with the funding
clauses --
Bird: We are doing something we have done before if we are not.
Watts: Correct. So --
Meridian City Council
May 23, 2017
Page 93 of 99
Bird: Okay.
Watts: -- every contract is dependent on the Council funding those additional fees
in the subsequent years.
Bird: So, I change the amount to 470,160 dollars and RFP -- an agreement with
JWC Environmental for a total amount of 309,750 dollars and an agreement with
APSCO, LLC, for the total amount of $233,174.40.
Watts: Excuse me, Councilman Bird.
Bird: Yeah.
Watts: The total dollar amount of that contract is 1,165,737. The APSCO contract.
And I'm not positive, but --
Bird: Oh, I see that. I'm sorry.
Watts: And also I might need to correct the perforated plate screens Enviro-Care.
That was 522,400 and I think it might have got stated at 470,160.
Bird: 470,160?
De Weerd: One sixty.
Watts: Yeah. It would be '18 fiscal year funding, but the total cost of that contract
is 522,400 dollars.
Bird: Yeah.
Watts: And, then, if I may make a statement also before we get to the headworks
contract. John has contacted me, as has JWC company that the -- I know we
spoke briefly about the manufacturers prices fluctuating. The HDPE pipe has gone
up approximately about 20 percent in the last six or seven months and so with this
contract John has brought it to my attention that before we executed this contract
his prices have gone up in excess of 50,000 dollars from bid time to award today.
I let John know there is nothing in our language that allows me to move forward
with any -- we do not have escalation language in our contracts for fluctuations in
manufacturers' prices.
Bird: They will just have to bring forward a --
Watts: Yeah. So, I just wanted to -- just to make you aware of that, that we may
be coming forward in the future to have a discussion .
Meridian City Council
May 23, 2017
Page 94 of 99
Bird: Now that I have gobbled up everything else, I will go to number four and
award the bid and approval of construction contract to Ewing Company in the
amount for a not to exceed amount of nine million seven hundred and twenty -nine
dollars -- and if he has more he brings it forward.
De Weerd: So, 9,729,000.
Bird: Yeah. 9,729,000.
De Weerd: It's late.
Watts: It is.
De Weerd: So, your motion is to approve Item 11 -A, one, two, three and four.
Bird: Yeah.
De Weerd: Do I have a second?
Borton: Second.
De Weerd: Okay. I have a motion and a second. Any discussion? Mr. Clerk.
Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little
Roberts, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Watts: Thank you.
De Weerd: Thank you, Keith.
Borton: Madam Mayor?
De Weerd: Thanks for sticking around. Yes, Mr. Borton.
Borton: I would love to have had you gone first, one, so the public watches you go
through it. You do an absolutely fantastic job.
Watts: Thank you.
Borton: This is some -- perhaps some just grinding guts to make these things work
with tax dollars the right way and you're phenomenal at it.
Meridian City Council
May 23, 2017
Page 95 of 99
Watts: These have actually taken quite an amount of time to negotiate --
Borton: It's not easy.
Watts: -- these contracts. That doesn't -- it's been challenging, as you can
imagine, manufacturers don't like the idea of seeing something in their contract
saying that we are giving this little bit of money or in this one contract you're
guaranteed nothing until next year.
Borton: Okay. You made reference to the -- to the bond savings or --
Watts: Yes.
Borton: -- escalation clauses and all those little details to save taxpayer dollars.
So, thank you for doing what you do.
Watts: You bet. Thank you. Appreciate it.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Keith, what was the -- what was the range on the Ewing bids?
Watts: On --
Bird: On the overall bid.
Watts: So, our high bid on the headworks project was 12,61,666. John came in
at nine -- or Ewing Company, excuse me, came in at 9,729,000. Our second low
bid was 10,217,000. So, it was a significant -- 488,000 dollars low.
Bird: I was going to say, he's --
Watts: So, when I had that discussion -- actually, the first time I had a discussion
with Tuck on the equipment -- or the price escalation, he was a little concerned,
because he knew he left --
Bird: Almost 25 percent of it.
Watts: Yeah. And he had left so much out to start with. So, I understand his
concern.
B. Police: Intergovernmental Memorandum of
Understanding of use of Meridian Police Department
Meridian City Council
May 23, 2017
Page 96 of 99
Canine Holding Facility between City of Meridian and
Bureau of Land Management
De Weerd: Okay. Thank you. 11-B is under our Police Department. I can't wait
to ask my questions.
Brown: Good evening, Madam Mayor and Council Members. I have a request for
authorization for a memorandum of understanding between the Meridian Police
Department and our canine holding facility and the Bureau of Land Management.
They currently have two canines that are in our district and have asked to use our
facility. I will say that they have also provided us with valuable sites for training
our police canines and it has been a very beneficial relationship.
De Weerd: Okay. Council, any questions?
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: I move that we approve the MOU between the City of Meridian and the
BLM.
Bird: Second.
De Weerd: I have a motion and a second to approve Item 11-B. Any discussion?
Mr. Clerk.
Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little
Roberts, yea.
De Weerd: All ayes.
MOTION CARRIED: ALL AYES.
Milam: Thank you.
Brown: Thank you.
Item 12: Ordinances
A. Ordinance No. 17-1728: An Ordinance (Bancroft Square
MDA H-2016-0055) For the Re-Zone of a Portion of the
Northwest 1/4 of the Southwest 1/4 of Section 21,
Township 3 North, Range 1 East, Boise Meridian, City of
Meridian, Ada County Idaho; Establishing and
Determining the Land Use Zoning Classification From R-
Meridian City Council
May 23, 2017
Page 97 of 99
4 (Medium Low Density Residential) to R-8 (Medium Low
Density Residential) Zoning Districts in the Meridian City
Code; Providing that Copies of this Ordinance shall be
Filed with the Ada County Assessor, The Ada County
Recorder, and the Idaho State Tax Commission, as
Required by Law; and Providing for a Summary of the
Ordinance; and providing for a waiver of the reading
rules; and Providing an Effective Date.
De Weerd: Thank you. Eleven -- or 12-A is Ordinance 17-1728. Mr. Clerk, will
you, please, read this by title.
Coles: Thank you, Madam Mayor. City of Meridian Ordinance No. 17-1728: an
Ordinance (Bancroft Square MDA H-2016-0055) for the re-zone of a portion of the
Northwest 1/4 of the Southwest 1/4 of Section 21, Township 3 North, Range 1
East, Boise meridian, City of Meridian, Ada County Idaho; establishing and
determining the land use zoning classification from R-4 (Medium Low Density
Residential) to R-8 (Medium Low Density Residential) Zoning Districts in the
Meridian City Code; providing that copies of this ordinance shall be filed with the
Ada County Assessor, the Ada County Recorder, and the Idaho State Tax
Commission, as required by law; and providing for a summary of the
ordinance; and providing for a waiver of the reading rules; and providing
an effective date.
De Weerd: Council, do I have a motion?
Milam: Madam Mayor?
De Weerd: Ms. Milam.
Milam: I move that we approve Ordinance No. 17-1728 with suspension of rules.
Bird: Second.
De Weerd: I have a motion and a second to approve Item 12 -A. If there is no
discussion, Mr. Clerk.
Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little
Roberts, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
B. Ordinance No. 17-1729: An Ordinance (Oaks South - H-
2017-0010) For the Re-Zone of Parcels of Land Situated
Meridian City Council
May 23, 2017
Page 98 of 99
in the Northwest 1/4 of Section 33, Township 4 North,
Range 1 West, Boise Meridian, City of Meridian, Ada
County, Idaho; Establishing and Determining the Land
Use Zoning Classification From L-O (Limited Office) to
R-8(Medium Density Residential)(0.005 acres); L-O
(Limited Office) to R-15 (Medium-High Density
Residential)(0.001 acres); R-15 (Medium-High Density
Residential) to L-O (Limited Office)(0.04); R-15 (Medium
High Density Residential) to R-8 (Medium Density
Residential)(0.22 acres); R-15 (Medium-High Density
Residential) to R-4 (Medium Low Density
Residential)(0.19); R-8 (Medium Density Residential) to
R-4 (Medium Low Density Residential)(0.31); and R- 4
(Medium Low Density Residential) to R-8 (Medium
Density Residential)(0.07)zoning districts, in the
Meridian City Code; Providing that Copies of this
Ordinance Shall be Filed with the Ada County Assessor,
the Ada County Recorder, and the Idaho State Tax
Commission, as Required by Law; and Providing for a
Summary of the Ordinance; and providing for a waiver
of the reading rules; And Providing an Effective Date.
De Weerd: Mr. Clerk, will you, please, read Ordinance 17-1729 by title.
Coles: Thank you, Madam Mayor. City of Meridian Ordinance No. 17-1729, an
Ordinance (Oaks South - H-2017-0010) for the re-zone of parcels of land situated
in the Northwest 1/4 of Section 33, Township 4 North, Range 1 West, Boise
meridian, City of Meridian, Ada county, Idaho; establishing and determining the
land use zoning classification from L-O (Limited Office) to R-8(Medium Density
Residential)(0.005 acres); L-O (Limited Office) to R-15 (Medium-High
Density Residential)(0.001 acres); R-15 (Medium-High Density Residential)
to L-O (Limited Office)(0.04); R-15 (Medium High Density Residential) to R-8
(Medium Density Residential)(0.22 acres); R-15 (Medium-High Density
Residential) to R-4 (Medium Low Density Residential)(0.19); R-8 (Medium
Density Residential) to R-4 (Medium Low Density Residential)(0.31); and R- 4
(Medium Low Density Residential) to R-8 (Medium Density Residential)(0.07)
zoning districts, in the Meridian City Code; providing that copies of this ordinance
shall be filed with the Ada County Assessor, the Ada County Recorder, and the
Idaho State Tax Commission, as required by law; and providing for a summary of
the ordinance; and providing for a waiver of the reading rules; and providing an
effective date.
De Weerd: Do I have a motion?
Milam: Madam Mayor?
Meridian City Council
May 23, 2017
Page 99 of 99
De Weerd: Mrs. Milam.
Milam: I move that we approve Ordinance No. 17-1729 with suspension of rules.
Bird: Second.
De Weerd: I have a motion and a second to approve Item 12-B. Mr. Clerk.
Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little
Roberts, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 13: Future Meeting Topics
De Weerd: Item 13. We have a couple of upcoming event. Hands Only CPR
class Wednesday -- this Wednesday. I know Councilman Borton is going to be
taking our -- one of our CPR -- thank you for doing that.
Bird: When it is?
De Weerd: It on Wednesday at 1:00 p.m. at the Public Safety Training Center
Hands Only CPR. On Wednesday. Take Me Fishing trailer will be a Kleiner Park
on Thursday from 4:00 to 8:00. Love to see you take your poles out there. And
our senior advisory board is having their fire safety presentation on Saturday, May
27th from 10:00 to noon at the Public Safety Training Center and we have our
Memorial Day Celebration Monday, the 29th, at 10:30 the Rock of Honor. Any
items under this future meeting topics? If not, I would entertain a motion to adjourn.
Bird: So moved.
Milam: Second.
MOTION CARRIED: ALL AYES.
MEETING A JOURNED AT 10:45 P.M.
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