HomeMy WebLinkAbout2018-12-18Meridian City Council December 18, 2018.
A Meeting of the Meridian City Council was called to order at 6:02 p.m., Tuesday,
December 18, 2018, by Mayor Tammy de Weerd.
Members Present: Tammy De Weerd, Joe Borton, Luke Cavener, Genesis Milam, and
Treg Bernt.
Members Absent: Ty Palmer and Anne Little Roberts.
Also present: C.Jay Coles, Bill Nary, Sonya Allen, Kyle Radeck, Shawn Harper, Joe
Bongiorno, and Dean Willis.
Item 1: Roll-call Attendance:
Roll call.
__ Anne Little Roberts X _ _Joe Borton
__ Ty Palmer X__ Treg Bernt
__X__Genesis Milam __X___Lucas Cavener
__X_ Mayor Tammy de Weerd
De Weerd: Okay. I would like to welcome you to our City Council meeting. It's always
nice to see our community come out. So, thank you for joining us. For the record it is
Tuesday, December 18th. It's two minutes after 6:00. We will start with roll call
attendance, Mr. Clerk.
Item 2: Pledge of Allegiance
De Weerd: Thank you. Item 2 we are going to be led in the Pledge of Allegiance by Cub
Scout Pack 132. So, if you will join us up front and we will wait for your instructions on
what to do next. They will tell us to rise. I'm glad you're anxious. You can be where ever
you want.
(Pledge of Allegiance recited.)
Cavener: Mr. President?
Borton: Mr. Cavener.
Cavener: While the Mayor is passing out some -- some City of Meridian pins, I just wanted
to comment -- I'm a -- I'm an alumni of Pack 132 and so appreciate seeing you gentlemen
here today. Thanks for leading us at the pledge. There we go. Always good to have 132
in the house.
Meridian City Council Meeting Agenda January 2, 2019 – Page 63 of 576
Meridian City Council
December 18, 2018
Page 2 of 67
De Weerd: Thank you. We had a nice discussion. They have great ideas about how we
can recognize random acts of kindness that kids perform in the community. So , we will
see how we implement some of those great ideas. So, thank you for joining us.
Item 3: Community Invocation by Darrell Taylor of Ten Mile Christian Church
De Weerd: Okay. Item 3 is our community invocation. I don't see Darrell Taylor. Oh.
Well, thank you. Well, I will invite our -- our community to, please, join us in the community
invocation or take this as an opportunity for a moment of reflection.
Drake: Would you join me in a word of prayer. Lord, I just want to first acknowledge this
season where we just celebrate the birth of your son that you sent to bring peace to the
world. The Prince of Peace. And -- and, God, we do pray for peace in our country and
in our community here. Lord, I'm sitting back there thinking of our law enforcement
officers out tonight on patrol and, Lord, we pray for a safe city for them and all those
peacemakers here that we are so thankful for, God. We also are mindful of those who
tonight might be hungry or cold or frightened and, Lord, we pray that you would provide
for them that they could find their way to where they could receive what they need and,
God, last, but not least, I would just like to pray for the meeting here tonight and the City
Council, the Mayor, Lord, that you give them a lot of wisdom in the business of the city. I
know even these things are important to you. And so I pray, God, that you would bless
them and give them an extra measure of grace this Christmas for -- for serving us all. So,
we thank you, God, ahead of time for what you're going to do here , in Jesus' name, amen.
Thank you very much.
Item 4: Adoption of Agenda
De Weerd: Thank you, Pastor Troy. Merry Christmas. Okay. Item No. 4 is adoption of
the agenda.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: We do have a couple of changes. We are going to be pulling from the Consent
Agenda I, J and K for some discussion and as to Consent Agenda Item F, the amount is
a little bit different. The correct amount for that item is $3,706,950.28. And with those
changes I would move that we adopt the agenda.
Cavener: Second.
De Weerd: I have a motion and a second to adopt the agenda as read. Any discussion?
All those in favor say aye. All ayes.
MOTION CARRIED: FOUR AYES. TWO ABSENT.
Meridian City Council Meeting Agenda January 2, 2019 – Page 64 of 576
Meridian City Council
December 18, 2018
Page 3 of 67
Item 5: Future Meeting Topics - Public Forum (Up to 30 Minutes Maximum)
De Weerd: Mr. Clerk, any sign-ups under five?
Coles: Madam Mayor, there were a few sign-ups. However, in reading the proposed
topics of discussion they all relate to other items further down on the Council's agenda
this evening. So, nothing unique to Item No. 5.
Item 6: Proclamation
A. Rocky Mountain High School Football State Champions Day
De Weerd: Okay. Very good. Council, our next item, Item 6-A is a proclamation. I'm
going to move down to the podium. I'm going to take a chance and think that all the
football players will fit up here with me. So, come on up and join me, please. Okay.
Coach, front and center as well, please. If you will join me right here. Well, this is -- this
is so impressive. You know, my -- you guys probably don't know this, but my dad was a
football coach. He coached high school football for many years. Started off at Borah
High School. And so I'm kind of used to hanging out on the field and in the stands with
football players, but it's been many years. So, it's truly an honor to be standing up here
with all of you and one of them is my grandson. Number 44. All right. Okay. I apologize
in advance. Okay. So, to all of the individuals standing up here, this night is an
opportunity for years to come for you to gloat that you had a day named after you. One
of the proclamations includes all of your names and so if you go to this day you will see
in the public record that you had a name -- or a day named after you. So, when you have
kids or a gal you want to impress, here is your chance; right? Everyone has a day --
wants a day named after them. So, we are very proud to recognize athletes in our
community who achieve great things and that is what today is all about. So, I will read
the proclamation in your honor. Whereas being a Rocky Mountain football player is about
tackling and blocking, kickoff and return yardage and touchdowns. It is also about
leadership and character, building confidence and teamwork, all traits that are needed to
succeed on the field, in the classroom, and in the real world and whereas the Rocky
Mountain varsity football team had a successful and rewarding season as they were the
first team at Rocky Mountain to have an undefeated season with a record of 12-0. Wow,
where is the spirit, guys? Whereas through their strong desire to exhibit excellence in all
they do, their hard work and effort resulted in Rocky's first football champion since 2015
in the Idaho Class 5-A state tournament. And whereas the capturing of the state title
builds school spirit and allows these student athletes to know they are champions ,
something they can never -- that can never be taken away from them, proving a place in
the history of Rocky Mountain High School. And whereas the leadership , training, and
discipline of coaches helped all 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, do proclaim December 18th, 2018, as Rocky
Mountain High School Football State Champion Day in the City of Meridian and I call upon
our community to join me in congratulating the Grizzlies on their remarkable athletic
Meridian City Council Meeting Agenda January 2, 2019 – Page 65 of 576
Meridian City Council
December 18, 2018
Page 4 of 67
achievement and for representing Meridian so proudly in the state tournament. Please
join me in congratulating this group of fine athletes.
Culig: We want to say thank you very much. It's -- it's our honor to represent, you know,
the City of Meridian and our school district and our school and as I have told these boys,
the thing that they really accomplished that was amazing was going 12 and 0 is pretty
special. It's pretty unique. It takes an uncommon group of men to stay focused for that
long and I thought they did a really good job and I'm extremely proud of them and you
should be proud of them as community members, as parents. We have a tremendous
football program and they are reflective of that. So, thanks again. Appreciate it a lot.
De Weerd: Thank you. Congratulations. Okay. You have to stay for the rest of the
meeting. You really don't.
Culig: So, we are -- we are actually going for our championship celebration. So, we
haven't had our state championship banquet, so we will go and do that. So, that's what
we are going to do.
Item 7: Consent Agenda [Action Item]
A. Approve Minutes of December 4, 2018 City Council Regular
Meeting
B. Bicentennial Farm Subdivision No.1 Water Main Easement
C. Bicentennial Farm Subdivision No.1 Sanitary Sewer Easement
D. Modified Final Plat for Caven Ridge Estates West Subdivision
No. 1 (H-2018-0134) by JUB Engineers, Located South of E.
Victory Rd. and West of S. Standing Timber Way
E. Findings of Fact, Conclusions of Law for Alturas (H-2018-0105)
by Travis Barney Alturas 1550 Tech Lane, LLC , Located at 1550
Tech Lane
F. Findings of Fact, Conclusions of Law for Summertown
Subdivision (H-2017-0142) by 745 W. Ustick, LLC, Located at 745
W. Ustick Rd.
G. Findings of Fact, Conclusions of Law for Elevate Franklin
Storage H-2018-0109) by Ten Mile Development, LLC, Located
at the NW corner of W. Franklin Rd. and N. Umbria Hill's Ave.
H. Addendum to Development Agreement for Burlingame
Subdivision H-2108-0079) with Yuriy Mukha
(OWNER/DEVELOPER) located near the northeast corner of W.
Meridian City Council Meeting Agenda January 2, 2019 – Page 66 of 576
Meridian City Council
December 18, 2018
Page 5 of 67
Cherry Lane and N. Black Cat Road in the SW 1/4 of Section 4,
Township 3N., Range 1W
L. Dog License Designee Agreement between Settlers Park
Veterinary Hospital and City of Meridian
M. Agreement for Animal Welfare and Enforcement Services for
Fiscal Year 2019 between City of Meridian and Idaho Humane
Society for an amount not to exceed $390,660
N. Agreement between Ada County Highway District and City of
Meridian for Funding of Emergency Traffic Signalization for Fire
Station 6 – Not To Exceed $36,418.10
O. Approval of Award of Bid and Agreement to Granite Excavation,
Inc. for “South Meridian Linder Sewer Trunk Extension” project
for a Not-To -Exceed amount of $1,680,204.25
P. Approval of PO for FY19 Security Building Lock Upgrade to all
Production Facilities for the Not-to-Exceed amount of
$114,327.50
Q. City Financial Report for October 2018 (FY19)
R. AP Invoices for Payment 12/14/18 - $27,979.79
S. Amended: AP Invoices for Payment 12/19/18 - $3,706,950.28
De Weerd: Very good. Okay. Item 7 as our Consent Agenda.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: With the removal of I, J and K and the correction to S, I would move that we
approve the Consent Agenda. For the Mayor to sign and the Clerk to attest.
Cavener: 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 role.
Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, absent; Little Roberts, absent;
Bernt, yea.
De Weerd: All ayes. Motion carried.
Meridian City Council Meeting Agenda January 2, 2019 – Page 67 of 576
Meridian City Council
December 18, 2018
Page 6 of 67
MOTION CARRIED: FOUR AYES. TWO ABSENT.
Item 8: Items Moved From The Consent Agenda [Action Item]
A. Resolution No. 18-2120: Accepting Ownership of "Welcome to
Meridian" Monument Sign at 1617 W. Island Green Drive,
Meridian, Idaho
B. Resolution No. 18-2121: Accepting Ownership of "Welcome to
Meridian" Monument Sign at 4043 E . Elden Gray Street,
Meridian, Idaho
C. Resolution and Lease Agreement for Congressional District
Office
1. Resolution No. 18-2123: A Resolution Approving A District
Office Lease Agreement Between The City Of Meridian
(Lessor) And Member-Elect Russell Fulcher (Lessee) For A
Two Year Lease Term For Approximately 1,812 Square Feet
Of Office Space At The Meridian City Hall, 33 East Broadway,
Meridian Idaho To Be Used For A Local Congressional Staff
Office; Authorizing The Mayor And City Clerk To Execute And
Attest Said Agreement On Behalf Of The City Of Meridian;
And Providing An Effective Date.
De Weerd: Okay. There were no items moved --
Borton: There were.
De Weerd: There were items moved from the Consent Agenda. Sorry about that. So,
we will move to Item 8 and I and J are related. I would say that -- Mr. Nary, do you want
to briefly cover that?
Nary: Yeah. Yes, Madam Mayor, Members of the Council. So, Items I and J are really
housekeeping measures. There are two of the Welcome To Meridian signs that were
installed in the last few years. One is located on Fairview near the CarMax business site.
The other is on Linder and Chinden area in the area where the Primary Health is -- is
being constructed. These were in conjunction with the property owners that they were
constructed a few years ago. There was some cleanup stuff that we thought had been
accomplished to actually accept ownership, put them on the city insurance and to cover
them that way and -- and we thought that had been accomplished and somehow that got
missed. So, Mrs. Kane from my office was notified of that and she put these resolutions
on. So, it was just the close out of a project that's already been done for a few years.
De Weerd: Okay. Mr. Cavener.
Meridian City Council Meeting Agenda January 2, 2019 – Page 68 of 576
Meridian City Council
December 18, 2018
Page 7 of 67
Cavener: Madam Mayor, appreciate the -- the further explanation from Mr. Nary. It would
be great, though, Madam Mayor, if we could get maybe at our January workshop just an
update on this program, if it's still -- if it's still occurring are there other of these signs that
are out there with outstanding projects to give Council an opportunity to be updated.
De Weerd: Okay. Very good. We will put that on the January workshop.
Cavener: Then Madam Mayor?
De Weerd: Yes.
Cavener: Do we need to approve each resolution separately?
Nary: Madam Mayor, Members of the Council, you can do them all together. If you want
me to do the third one, you could do all three of them together if you want to as well. So,
whichever you prefer.
Cavener: Okay. I'm okay with that.
Nary: Madam Mayor, on the other item that was moved, Item K, that is a lease agreement
with the congressional office for council -- or Congressman-elect Fulcher. This is a
continuation of an ongoing lease that we have had with the congressman's -- the
congressional office since 2008. Just to give some of the history of -- for the public's
benefit. Back in 2008 Congressman Sali was the representative for our district. His office
was located in Boise. When Congressman Minnick was elected he sought to move his
district office into Meridian. We didn't have a congressional office here. It was felt by the
Mayor and Council at that time that that would be a good benefit to the public, to allow
the public to have access to the congressional delegate here in -- in Meridian at City Hall.
City Hall was brand new. It had just opened. That office space at that time was one of
our spaces at that point in time that was unoccupied and undesignated for any
department. So, it was bare -- bare walls, bare floors, no improvements at all. So, that
lease at that time in 2008 was reflective of the tenant improvement that went on, which
was to install carpeting, lighting, doors, walls, windows, such into that space. So, that --
that lease for 2008 with Congressman Minnick reflected the cost to the city both for the
TI work that was done, as well as the ongoing costs for maintenance, utilities, janitorial
and such. After that two years Congressman Labrador was elected. He wanted to
continue having the office here. He didn't negotiate the rate. That is the same as today.
We didn't at the time -- in either with Congressman Minnick or with Congressman
Labrador really try to be competitive with the market, we were really looking at this as a
public opportunity for the public to have space for as long as the city was recouping its
cost for the space being used and it wasn't necessary for city business at the time and
one of the things Congressman Labrador had requested , at least in consideration, was
that the congressmen are all given a stipend by the federal government for district offices
and the further they can leverage that space into affordable office space allows them to
have more offices in various parts of the state or in their district and so that was an other
consideration that -- of the discussion back when Congressman Labrador was originally
Meridian City Council Meeting Agenda January 2, 2019 – Page 69 of 576
Meridian City Council
December 18, 2018
Page 8 of 67
elected. So, that rate has stayed the same through 2010 , '12, '14, '16 and now this. It's
the same rate since. So, there is -- that's the basis of the lease that's in front of you. That
was the reason we got to where we are on the cost and , again, it's really meant to make
sure the city recoups that, allows the public to have access, and as many of you know --
and maybe the public knows as well -- Congressman Labrador has had a number of
public events here as well. So, the public has had access to come here for town hall
meetings and open forums and such that he's hosted . We would anticipate the same with
Congressman Fulcher. But that was the -- that was part of the reasoning for how we got
to where we are.
De Weerd: Okay. Mr. Cavener.
Cavener: Madam Mayor. Thank you, Mr. Nary. My intention in pulling this off the Consent
was, really, just to thank staff for putting this together. I th ink it is a great benefit to our
community to be able to have a member of our congressional delegation have their main
office located here in City Hall and I was really excited to see that Congress man Fulcher
has chosen City Hall to be here. I think it's a great benefit for our community and for our
citizens. I just wanted to thank staff for putting that together. Appreciate the added
explanation. I saw an article this morning in the Statesman kind of asking some of that.
So, I think it's great the added explanation you provided for the public that was here
tonight. So, Madam Mayor, I would move that we approve Items I, J and K together.
Milam: Second.
De Weerd: I have a motion and a second to approve Items I, J and K. If there is no
discussion, Mr. Clerk, will you call roll.
Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, absent; Little Roberts, absent;
Bernt, yea.
De Weerd: Okay. All ayes.
MOTION CARRIED: FOUR AYES. TWO ABSENT.
Item 9: Action Items.
De Weerd: Item 9-A is --
Borton: Madam Mayor? I apologize, but I forgot to bring something up earlier during the
agenda setting. Item F, Buyrite is the application that the applicant has requested to
withdraw and first wanted to see if -- wanted to check for any members of the public that
might be here. We could put it on the front of the agenda and accept that request and
that --
De Weerd: So, is there any members of the public here for Item F for the public hearing
for Buyrite, LLC, apartments? No? One. Yeah. Well, they have requested to withdraw
Meridian City Council Meeting Agenda January 2, 2019 – Page 70 of 576
Meridian City Council
December 18, 2018
Page 9 of 67
their application and so we will not be holding the public hearing. We will open it and
Council will consider accepting the withdrawal. Okay.
Borton: Thank you.
De Weerd: Thank you. We may want to also have a conversation about Item 9-E. Mr.
Nary, is that appropriate to have at least a conversation ahead of these other public
hearings, just so we know how we are moving forward?
Nary: Madam Mayor, Members of the Council, based on the unusual circumstance of
that it might make sense to do that now.
De Weerd: Okay. So, I guess I'm requesting a conversation with Council on what they
want to do in regard to 9-E. We found ourselves in a predicament, because we have two
Council Members that are absent tonight and one Council Member who just found out he
had a conflict and so that leaves three Council Members to make a pretty large decision
for our community. I -- I would like to open up discussion to Council on where your comfort
level is in -- in making a decision tonight, accepting public testimony and any conversation
you have about that.
Borton: Madman Mayor?
De Weerd: Mr. Borton.
Borton: Maybe I could kick it off and, then, procedurally Mr. Nary, do we have to go
through the process of amending the agenda, putting this up first, open the public hearing
and, then, have a discussion?
De Weerd: This is just procedurally, so it doesn't have to do with the technical aspects of
the application. But Mr. Nary?
Nary: Madam Mayor, Members of the Council, Council Member Borton, I would say no,
because if you're -- if the discussion is to -- whether to hear this matter or not, that's a
procedural question. If, then, the decision of whatever you choose to do -- if it is to do
something other than hear it on the agenda as it's currently posted, then, we would
probably need to do that.
Borton: Thank you. Madam Mayor?
De Weerd: Mr. Borton.
Borton: Just for some context, the conflict of interest is one that -- that precludes me from
-- from sitting in this matter. For -- for some brief context of -- of what occurs, we have
got a client with our firm who is begun negotiations with the applicant in trying to be one
of the end users on the project. When that became known we kind of walked through our
process and disclosed this publicly where we raised the issue with -- with the city's legal
Meridian City Council Meeting Agenda January 2, 2019 – Page 71 of 576
Meridian City Council
December 18, 2018
Page 10 of 67
counsel, informed him, reviewed city code and made a determination of wha t -- the next
steps. City code identifies the appropriate process, which we are describing here and it
precludes me from having participation in this application going forward. That's the
direction we have been given by our city attorney and it's also wh at's most appropriate to
insure the process not only is it technically proper, but it's perceived to be proper as well.
I have had no conversations with anybody within the city about any of the substance of
the application and will continue to remain comp letely detached from it, which includes a
discussion, quite frankly, of this procedural process and discussion of any component of
the application, whether it's today or -- or at a future date. So, that disclosure is made
public now and turn it back over to you, Madam Mayor, to continue the discussion. Thank
you.
De Weerd: Thank you, Mr. Borton. So, I would ask Council any thoughts they have on
this item.
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: I think the big question before the Council is do the three members that are
able to vote feel comfortable in moving forward. I think it's beneficial for the public to be
aware -- because of our limited amount of attendees, anything short of a unanimous vote,
either in favor or against, fails -- would require a three person vote and with a -- with a
project as complex, complicated, and significant of time invested in this, do the three of
us have an ability to come to a consensus after hearing from the applicant and -- and the
public. My personal feeling is we are -- we are elected to vote. We are here to do the
people's work. That's why I'm here. But I also want to take into consideration what's most
fair for -- for the applicant and for the public that have given up considerable amoun t of
their time to be here this evening. Do we come up with a better solution with five members
here, four members here than we do tonight. I'm supportive either way. I'm happy to
take testimony. I'm happy to hear from everyone that's here tonight . But I'm also
supportive that this body feels it's more prudent to wait for a later point in time when we
can have more Council Members that are able to vote attend. That's where I stand here.
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: Yes. I'm -- I came tonight prepared to hear this and I, too, hopefully, help make a
decision. However, the other side of me feels that it would be unfair if -- well, if we were
to be unanimous and come to a decision, whichever way that would be , some people
would feel that it was unfair that there were only three of us here and -- I really wish I
could know how the applicant and the -- and the -- the neighbors felt about this situation.
I don't know if there is a way to poll the audience, but I'm -- I'm willing to do whatever,
honestly. I want to do what the people want us to do. But it is -- it is a tough one. We
Meridian City Council Meeting Agenda January 2, 2019 – Page 72 of 576
Meridian City Council
December 18, 2018
Page 11 of 67
have never had this situation come up and it is a very large application and a lot to
consider.
De Weerd: Mr. Bernt.
Bernt: Madam Mayor, thank you. My first gut reaction to this is to continue . That was
my -- that was my first inclination when I found out the circumstance that we are in this
evening. This is a -- this is a big application. This will have -- you know, it will be a big --
could be, you know, a big project on that corner for many years to come, many
generations to come and so I think it's important as a Council that we make a prudent
decision as a -- as a -- as a body. So, that -- my first gut reaction would be -- would be to
continue it. However, I do respect the time that both the applicant and , you know, the
citizens have made. So, I would prefer to continue, but if it's the intent of this body to --
to hear testimony this evening, then, I'm okay with that as well. I -- obviously, you know,
we all came prepared, so that's -- that's not -- not going to be an issue.
De Weerd: Mr. Nary, perhaps you can give an idea of the -- the choices that the Council
has.
Nary: Certainly, Madam Mayor, Members of the Council. So, a couple of options. You
can continue it now at this point to a date certain in the future to be heard. The clerk
would know when council members have given us notice they won't be present. So , you
can have the council members here that can vote on it. So, that's one option. Again, the
-- the issue that Councilman Cavener raised is a statutory one. It requires that for any
motion to be approved by the Council a majority of the members that are present must
approve it. So, in this situation there are four members present, even when one recuses
himself they are still present for that purpose. So, that means other -- every other one it
would have to be three -- all three would have to vote together. That's awkward going
into knowing that up front, you know, that's an awkward situation for all of the Council
Members to be in. Certainly you can hear it. You may have a reason, other than this
issue, to continue it. That's problematic sometimes for a lot of folks, both for the applicant
and the public to do that as well. Again, I recognize it's difficult to continue matters up
front. People have taken the time to be here and rearrange their schedules and lives to
do that. But, again, if the idea is that the way -- what's the balance between fairness, I
think there is -- both sides have legitimate concerns of fairness, whether to hold it today
or to continue it. So, I don't know that there is one prevailing decision either way. I think
reality is is that it's a legitimate concern and Council Member Milam is correct in all the
time I have been here I cannot recall we have ever had this situation and so this is a fairly
unique circumstance. Part of it is is our code required we have to have all these hearings
today because of the way our code is structured and they had to be scheduled . We
couldn't split them out to different days because of that. That's the procedural issue that
we will deal with in the future, but that's part of the dilemma here if this was something
we could have done differently, we -- we could have done that. We couldn't do that in this
case.
Cavener: Madam Mayor?
Meridian City Council Meeting Agenda January 2, 2019 – Page 73 of 576
Meridian City Council
December 18, 2018
Page 12 of 67
De Weerd: Mr. Cavener.
Cavener: Perhaps it would be beneficial if the Council was open to maybe moving this
item to the front. Open, the public hearing. Give the applicant -- I see some community
representatives that are here -- an opportunity just to chime in about their feelings about
tonight versus in the future. What we don't want to have is that somebody that's made
plans to be able to testify tonight that wouldn't be available in the future and not have their
opportunity to be heard. To me I think that's -- that's an important issue. If -- if those that
are -- have given up their time so much to this project are willing to be generous yet again
to come back at a later point time I think that's probably the most prudent decision for us
to make. However, if that does not work for our community groups that are here, for our
citizens that are here and the applicant that's here, then, I think that we need to be
prepared to move forward.
De Weerd: Okay.
Cavener: So, Madam Mayor, I guess -- I don't know if -- as the chairperson of the meeting,
if you're -- if you're open to that. I know we have -- we have already approved the agenda.
If we need to modify it -- we need to get -- so we can at least begin this process.
De Weerd: With Council's direction I can change the agenda for that consideration. Okay.
So, is their Council unanimous consent on the side that can vote -- not our lone Council
Member over here.
Milam: Here on the left.
E. Public Hearing for Linder Village (H-2017-0088) by Lynx/DMG
Real Estate, Located at the SE corner of N. Linder Rd. and W.
Chinden Blvd.
1. Request: Annexation and Zoning of 81.51 acres of land from
the RUT zoning district in Ada County to the C-C zoning
district (63.796 acres) and the R -8 zoning district (17.713
acres) in the city; and
2. Request: Preliminary Plat consisting of 16 commercial
building lots, 1 residential building lot, 2 common lots, and 2
other lots for future right-of -way dedication on 78.13 acres of
land in the proposed C-C and R-8 zoning districts; and
3. Request: Variance to the UDC 11 -3H-4B .2 for 2 accesses via
W. Chinden Blvd./SH 20-26
De Weerd: We will go ahead and jump to Item 9-E, the public hearing for H-2017-0088.
I will open this public hearing first for procedural discussion.
Meridian City Council Meeting Agenda January 2, 2019 – Page 74 of 576
Meridian City Council
December 18, 2018
Page 13 of 67
Cavener: Thank you, Madam Mayor. And, maybe, Madam Mayor and Council, if you're
supportive maybe kind of following routine -- at least give the applicant the first opportunity
to share their feelings about continuing versus tonight and, then, perhaps members of the
public. I see representatives of the Southern Rim Coalition, Chamber of Commerce, other
active homeowners associations. Maybe let those that feel the need to chime in and,
then, if there are citizens that feel that they are unable to, that we have an opportunity to
at least hear how many of those are as well.
De Weerd: Okay. So, we are limiting comments out the gate right now. It's just to talk
procedurally on hearing the application in its entirety and so I would ask for the applicant
to come forward. If you will, please, state your name and address for the record.
Howell: Yes, Madam Mayor, Members of the Council. My name is Ken Howell. I
represent the developer DMG Lynx. My business address is 877 West Main, Suite 1000,
Boise, Idaho. As the Council can imagine, this is an exceedingly important item for us.
We have been here, as you know, several times before and spent a fair amount of time
on this project and we do have other things with other public agencies that have a timeline
of their own as well. However, we recognize that this is a significant issue for the
community of Meridian, it's a significant issue for this Council, and we would I think at the
end of the day like to have a decision that is fully and fairly made by the broadest
constituency of the Council that we can have. I think that would be fair to the applicant.
I think, frankly, that's fair to any opposition that may exist to the project at this point. And,
frankly, it's fair to the Council, because I think it is unfair to put those remaining in the
position of knowing that their individual vote would be determinative of what the project
would be. So, I think all things considered, as disappointed as we would be to be delayed
further, I think that's the right thing to do and I think it's the wise thing to do. Thank you.
De Weerd: Okay. And just a point of information. On January 2nd I understand we will
have four members that can vote at that time. So, we still won't to have a full sitting
Council, but we will have four rather than three.
Howell: Madam Mayor, we understand that the conflict issue is what it is and so that will
of necessity -- what you should have done is recruited a couple of the football players to
sit as temporary councilmen, so -- but --
De Weerd: I think they were ready for it.
Howell: Yeah. Okay. Thank you. If there is any questions I would be happy to answer,
but I think that's pretty self explanatory.
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Meridian City Council Meeting Agenda January 2, 2019 – Page 75 of 576
Meridian City Council
December 18, 2018
Page 14 of 67
Milam: Was the 2nd the only option or are we going to give them options of the 2nd or
the 15th or the 22nd?
De Weerd: Certainly there are other options than just the 2nd.
Coles: And, Madam Mayor, if I may, I do know that on the 15th no Council Member has
informed me or my office that they would be absent. So, we would have a full Council
that evening, minus the councilman that needs to be recused. But also from a public's
perspective from the testimony that our office receives, that date might also work well in
terms of -- as far advanced notice as possible to the members of the public to arrange
their schedules.
Howell: And the 15th would work well for us.
De Weerd: Okay.
Howell: Thank you.
De Weerd: We do have a couple of spokespersons for the neighborhood. Could you
raise your hand? You're with an HOA or -- she didn't raise her hand. Come on up, Sally.
Reynolds: Hi, Madam Mayor, Members of the City Council. Sally Reynolds. 1166 West
Bacall Street. So, excuse my late entrance, I thought it was, obviously, later on the
agenda. So, let me just make sure I understand. You're taking comments on whether or
not the application should be continued; correct?
De Weerd: Yeah. Right now we are just taking comments procedurally on whether to
hear the complete application or to continue it.
Reynolds: I guess as a representative of Paramount HOA advisory board, I would be in
favor of continuing the application. Like Mr. Nary said -- and Councilmember Bernt, there
are a lot of neighbors here tonight who have given of their time to come with the
expectation that they would be heard, but I also understand the significance of having a
full City Council. So, we would be amenable to continuing the hearing.
De Weerd: Okay. Thank you.
Reynolds: Thank you.
De Weerd: Is there any representative else who would like to comment on the procedural
question at hand?
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Meridian City Council Meeting Agenda January 2, 2019 – Page 76 of 576
Meridian City Council
December 18, 2018
Page 15 of 67
Cavener: Recognizing that there is representatives, is there anybody in the room that
would not be able to make it here on the 15th to provide public testimony? Madam
Mayor? We opened the public hearing, so I guess at this point, then, is a motion maybe
in order to continue this public hearing to January 15th, 2019?
De Weerd: Is that a motion?
Cavener: It is.
Milam: Second.
Bernt: Second.
De Weerd: Okay. I have a motion and a second to continue this public hearing to January
15th, 2019. All those in favor say aye. All ayes.
MOTION CARRIED: THREE AYES. ONE RECUSED. TWO ABSENT.
De Weerd: Our apologies to the applicant and to all the neighbors who came to join us
tonight, but at least we can wish you a Merry Christmas and -- Mr. Howell.
Howell: Madam Mayor and Council, I wanted to specifically say Merry Christmas and a
Happy Holidays to you as well, but more specifically to thank you for the kindness of
taking this procedural matter up early, so that we don't sit around here for quite a while
and, then, end up in the same place later. So, thank you very much.
De Weerd: Yeah. Again, our apologies. This -- in my -- in my tenure -- this is year 19 --
I have never seen this happen. So, our apologies.
Howell: What are you going to do. Thank you.
Coles: Madam Mayor?
De Weerd: Mr. Clerk.
Coles: Given the significance of this application and the amount of public testimony, I did
want to check with the Council to get a sense of -- of a full renotice or what renoticing
steps -- usually when this -- when this occurs, the renotice is just the agenda notice,
because those in attendance would know what that date is. However, again, given the
-- how significant this project has seemed to be , I wanted to see what type of renoticing
my office should undertake, if any.
De Weerd: I think the NextDoor and -- and -- is -- is adequate, unless --
Cavener: Madam Mayor?
Meridian City Council Meeting Agenda January 2, 2019 – Page 77 of 576
Meridian City Council
December 18, 2018
Page 16 of 67
De Weerd: -- I know our -- our neighborhood has representatives who will get it out to
their HOAs and -- and we have HOA contacts as well that --
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: Perhaps -- I mean is there signage that is currently listed on the site that
references today's date?
Coles: There is, yes.
Cavener: So, Madam Mayor, I think either -- I mean I think in a perfect world we pay to
update the signage with the January 15th date. Send information out on NextDoor and
rely on our good friends and partners here that are in the room to spread the word . But
what we don't want is someone that's not plugged in to -- to drive past that and think that
the event has occurred, when it's actually pending.
De Weerd: We do need to change the signage.
Coles: When an application is continued -- not -- not traditionally, no, it doesn't necessarily
need to be updated. So, if that is the intent of the Council I'm sure Ms. Allen can work
with the applicant to ensure that that happens.
Cavener: At no cost to the applicant.
A. Public Hearing for Community Development Block Grant
(CDBG) Program Year 2017 Consolidated Annual Performance
and Evaluation Report (CAPER)
De Weerd: Okay. Thank you. Okay. Item 9-A is a public hearing for our CDBG program
year 2017 and I will turn this over to Crystal.
Campbell: Thank you, Madam Mayor, Members of the Council. If you recall, I was here
a couple of weeks ago to present on this report. It's the Consolidated Annual Performance
and Evaluation Report or we call it the CAPER. So, I'm just going to give you a brief
review of what it is and, then, go into the comments that we received. So, the purpose of
the CAPER is to evaluate the program for the program year, which ran from October 1st,
2017, to September 30th, 2018, and just to give us a better idea of annually how the
program is progressing. We -- we expended 510,000 dollars during program year '17 on
various projects. There is a list of them here. We did some good work that we had a lot
of success. There was food stability for almost 4,000 households. Prevention of
homelessness for four families. Homeownership for another five families. So, we did a
lot of really good things for the community with this program during program year '17. We
-- all of the activities that were funded were tied back to our consolidated plan, which is a
five year plan that we have goals. This was the first year of this consolidated plan. The
Meridian City Council Meeting Agenda January 2, 2019 – Page 78 of 576
Meridian City Council
December 18, 2018
Page 17 of 67
goals that we have are to improve accessibility, enhance homeownership opportunities,
provide social services, stabilize the rental gap and administration and fair housing
activities. So, the major updates to the CAPER are on attachment one, which is the public
comment piece. The first thing that we needed to do was add these proof of publications
to the document. We also received some narrative for the affordable housing section and
the summary of the comments are in attachment one, but the updates are also made in
the actual report. The -- the administrator for Ada County Housing Association, Jillian
Patterson, she gave us additional information as far as what the -- what the concerns
were in Meridian, why they had a hard time meeting their goals. She also gave us some
information as far as what they plan to do for outreach in the future. Councilman Cavener
also had some clarifications requested. One item was the scholarship for the Boys and
Girls Club that shows the family was not low or moderate income and he wanted to know
if we needed to do anything to correct this and if it will put the city at risk and , thankfully,
the way that it's classified 51 percent of the recipients have to be low to moderate income
and so that program year it was actually 95 percent of the people because there was only
the one. So, we don't have any issues with that one. The second clarification also
requested by Councilman Cavener was the affordable housing in Meridian. It's -- it's a
huge issue and he wanted to know what the plan was moving forward. Well, we changed
the amount available for homeowners assistance programs and will there be changes to
the way we define affordable -- affordable housing in Meridian. The first -- the first piece
of this -- sorry, I can't get the microphone right. The first piece of this -- the homeowners
assistance programs, there is some discretion with the providers to -- as to how much
they offer each one of the homebuyers, depending on what their need is. So, as we talked
to Ada County Housing Association they did say that they are looking at providing more
assistance for the families who need a little bit more. So, it may end up that they don't
serve as many households, but they will be able to find housing for those ones that they
do serve. And as far as how we are going to address affordable housing moving forward,
the consolidated plan -- the five year consolidated plan, this is the first year of it and we
actually have it in there as a go al to develop an affordable housing plan , so that we can
address these issues. So, we don't necessarily have answers right now, but moving
forward we hope to have a better answer to this question. So , those were the comments
and clarifications that I received. So, this is what our timeline looks like. We are having
the public hearing for the CAPER tonight and we hope to close the public comment period
and that you guys will move to approve and adopt the resolution , so that we can get this
submitted. It's due December 29th, but I -- if everything goes well, then, I should be able
to finalize that CAPER in HUD's online system and submit it and, then, send the hardcopy
to them by Friday.
De Weerd: Council, are there any questions at this point? Thank you, Crystal. This is a
public hearing. Mr. Clerk, is there anyone signed up to testify?
Coles: Madam Mayor, the only individual indicating a desire to testify as Dr. Lindsay Park.
Don't see Dr. Park.
De Weerd: Okay. This is a public hearing. Is there anyone that wishes to testify on this
item that didn't sign up? You're a quiet group. Seeing none --
Meridian City Council Meeting Agenda January 2, 2019 – Page 79 of 576
Meridian City Council
December 18, 2018
Page 18 of 67
Bernt: Madam Mayor?
De Weerd: Mr. Bernt.
Bernt: I move that we approve resolution -- Madam Mayor, I move that we close the
public hearing for the Community Development Block Grant program year 2017.
Milam: Second.
De Weerd: I have a motion and a second to close the public hearing on Item 9-A. All
those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: FOUR AYES. TWO ABSENT.
B. Resolution No. 18-2122: A Resolution Approving Submission
And Adoption Of The Community Development Block Grant
Consolidated Annual Performance And Evaluation Report For
Program Year 2017 To The United States Department Of
Housing And Urban Development; Authorizing The Mayor And
City Clerk To Execute And Attest The Same On Behalf Of The
City Of Meridian; And Providing An Effective Date
De Weerd: Do I have a motion under 9-B for resolution 18-2122?
Bernt: Madam Mayor?
De Weerd: Mr. Bernt.
Bernt: I move that we approve resolution number 18-2122.
Milam: Second.
De Weerd: I have a motion and a second to approve item 9-B. Is there any discussion?
Cavener: Madam Mayor?
De Weerd: Mr. Cavener. Briefly. Thank you, Crystal, for a timely response, especially
getting your feet underneath you. New at the city. For those that are in attendance, this
is a great program. I think it allows us to do a lot of great good in our community and
serve those that are in need and so I just wanted to thank you for getting up to speed
quickly and answering my questions in a very expedited fashion. It's appreciated.
Campbell: Thank you.
De Weerd: If there is nothing further, Mr. Clerk.
Meridian City Council Meeting Agenda January 2, 2019 – Page 80 of 576
Meridian City Council
December 18, 2018
Page 19 of 67
Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, absent; Little Roberts, absent;
Bernt, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: FOUR AYES. TWO ABSENT.
C. Public Hearing for Hill's Century Farm Commercial (H-2018-
0127) by Martin L . Hill and Hill & Hill Properties, Located 3625
E. Amity Rd.
1. Request: Modification to the Amended Development
Agreement 2016-119080) for Hill's Century Farm Commercial
to update the conceptual development plan and include a
provision allowing the construction of a wireless
communication facility on the site prior to subdivision of the
property
De Weerd: Item 9-C is a public hearing for H-2018-0127. I will open this public hearing
with just a brief explanation. Our public hearing process does start with a presentation
from staff about the application and any staff comments. Then we do ask the applicant
to make comment and they have ten minutes. Mr. Clerk, is that ten minutes or 15?
Coles: It's 15 at the front end.
De Weerd: Okay. Thank you. After they have had a chance to present their application
as well to the City Council, Council will have questions of staff or the applicant and, then,
we will ask for public testimony. The public has three minutes and there is a timer on the
-- the screen at the podium, so you can kind of keep an eye on how much time you have .
After the public testimony is accepted, we will ask the applicant to get up. They have ten
minutes to respond to any testimony and questions that came up during the testimony.
Council, then, will have an opportunity to ask a question of staff, applicant, or any of those
that testified. They have had an opportunity to review the public record and any hearings
and public comments about each application and, then, render a decision. So, with that
I will turn this over to staff for the staff report on Item 9-C.
Allen: Thank you, Madam Mayor, Members of the Council. The first application before
you tonight as a request for a development agreement modification. This site consists of
82 acres of land. It's zoned C-N and R-8 and located at the southeast corner of East
Amity Road and South Eagle Road. This property was annexed in 2015 with the
requirement of a development agreement, which was later amended in 2016 to include a
more detailed plan for the eastern portion of the site and a concept plan there in the left
is the concept plan that was previously approved for this site. The Comprehensive Plan
future land use map designation is mixed use neighborhood. The applicant is requesting
a modification to the amended development agreement for this site to update the
Meridian City Council Meeting Agenda January 2, 2019 – Page 81 of 576
Meridian City Council
December 18, 2018
Page 20 of 67
conceptual development plan to include a more detailed plan for the west portion of the
site and inclusion of a provision to allow the construction of a wireless communication
facility on the site prior to subdivision of the property. So , what we are talking about here
tonight is the yellow area here, which is this area right here on the right-hand plan. The
existing plan depicts medium density residential uses for the area nearest the Eagle-
Amity Road intersection around the Idaho Power substation. The proposed plan includes
a change for the northern portion of that area along Amity to include a self service storage
facility and office and retail uses. A cell tower is proposed south of the Idaho Power
substation and that is in this little orange area right here where my pointer is . The cell
tower is classified as a wireless communication facility and as such requires conditional
use approval in the R-8 district, because it is proposed in a residential district without an
allowed nonresidential use per the specific use standards. The storage facility use
depicted on the proposed plan and a future C-C zoning district is not a use that is
contemplated in the mixed use neighborhood designation, nor is it a use that's allowed in
the zoning district listed as appropriate in the MUN designation and those are TN-R, TN-
C, L-O, C-N and R-15. Fairly -- zoning designations that allow fairly low impact residential
and complimentary uses. The C-C district may be considered, but the applicant will need
to demonstrate how to use and zoning is consistent with the mixed use designation and
specifically the mixed use neighborhood designation . Therefore, at this time staff does
not support the portion of the concept plan designated for self service storage and
recommends the use remain as medium density residential. The applicant should submit
a development agreement modification and a rezone application concurrently in the future
if a storage facility is desired. A conditional use permit would, then, also be required if a
rezone and DA amendment is approved. No written testimony has been received on this
application. Staff is recommending approval of the proposed amendment to the
development agreement, except for the self service storage facility in a future C-C zone
depicted on the proposed concept plan. This area should remain medium density
residential until such time as the subsequent development agreement modification and
rezone application or use and zoning that is permitted in the mixed use neighborhood
designation is proposed and approved. Staff will stand for any questions.
De Weerd: Council, any questions at this time?
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: Sonya, thanks first off. Appreciate it. Merry Christmas. In your report you talk
about that the C-C district may be considered for a self storage unit, but the app licant has
to demonstrate its compatibility. When we are talking about demonstrating, what does
that refer to? Is that design? Access? When we are looking for them to demonstrate
what is it that we are looking to have them show to us?
Allen: Madam Mayor, Councilman Cavener, Councilmen, there are several things really.
In the mixed use designation it's -- specifically the mixed use neighborhood, it's, like I
said, pretty low impact commercial uses, neighborhood friendly uses. They should be
Meridian City Council Meeting Agenda January 2, 2019 – Page 82 of 576
Meridian City Council
December 18, 2018
Page 21 of 67
integrated. Self service storage facilities don't integrate with the neighborhood typically.
You know, pathway connections, it's -- it's just a use that really isn't anticipated in the
mixed use designation. So, the applicant would need to prove to us why they feel it is
consistent.
Cavener: Thank you.
De Weerd: Okay. Any further questions at this point? Would the applicant like to
comment? Good evening. If you -- Merry Christmas.
Wardle: Merry Christmas.
De Weerd: If you will, please, state your name and address for the record.
Wardle: I will. Madam Mayor, my name is Jon Wardle. 12601 West Explorer Drive,
Boise, Idaho. 83713. I am with Brighton and we are here tonight on behalf of Marty Hill,
who we have worked with on other projects out there. He's in Arizona enjoying good
weather. Before I get into that, I did want to mention one thing. I saw last week that
Mayor Corrie had passed away. I just wanted to recognize that when I started my career
he was very involved with the city. Was the mayor. A good man, as probably already --
you have already discussed, but I just wanted to acknowledge his contributions to our
community and one of the good man -- good men and women here, so --
De Weerd: Thank you.
Wardle: As to the application, just to -- to restate, but also to be clear, tonight we are just
asking for a modification of the development agreement. Part of the requirement of this
project was to bring back a more detailed site plan , but this isn't the end of the road of
that process. We would still have to come through with a rezone application, preliminary
plan for this as well. The impetus of this project or the request tonight is related to that
cell phone tower, which is directly adjacent to the substation. We can get into more detail
in the future on the mini storage, which we will. We do feel like that that is a good use
against the substation, but we would like to demonstrate that at a future date and process.
But tonight we are asking for a modification to the development agreement to allow
specifically the wireless communication to occur prior to platting and we are making a
commitment that we will be back with an additional rezone application to preliminary plat
process to address these other users. So, we are supportive of the report that staff has
issued in front of you tonight and I stand for any questions you might have.
De Weerd: Thank you. Council, any questions? Thank you.
Wardle: Thank you.
De Weerd: Mr. Clerk, have we sign-ups for testimony?
Meridian City Council Meeting Agenda January 2, 2019 – Page 83 of 576
Meridian City Council
December 18, 2018
Page 22 of 67
Coles: Madam Mayor, we do, but, however, I fear that they may have been for the item
that was continued earlier this evening. However, I will call their names to make sure.
First was Susan Karnes.
De Weerd: Good evening and Merry Christmas.
Karnes: Merry Christmas. My name is Susan Karnes. I reside at 5556 South Graphite
Way and I'm here on behalf of the Meridian Southern Rim Coalition and our opinion on
this is the cart made the horse. We feel that this is premature to approve these
modifications to the development agreement. These are the concerns we are hearing
from our members. There is a cell tower one mile west on Amity Road at Locust Grove.
We respectfully ask that the city scrutinize the need for another cell tower in this location
per the pending conditional use permit process before approving it. We further remind
you that this land is in close proximity to The Hill and several desirable high end
neighborhoods and the substation at Amity an d Eagle is attractively concealed through
tall berms and landscape. Should Council approve this cell tower, which we believe
should not be allowed at this point until the conditional use processes is completed, we
ask that every possible measure be taken to ensure the highest aesthetics . Regarding
the storage facility, as we have testified before, we object to land use changes in
development agreements. We further testify that substantial zoning changes should be
deferred until the new Comprehensive Plan is created and all stakeholder opinions have
been expressed and stakeholders, particularly residen ts, feel that they have a voice in
the city's plan for the future. This land has been zoned R-8. It had a significant zoning
change on the FLUM in 2016 from residential to mixed use neighborhood. For that reason
we also believe any uses exceeding mixed use neighborhood should be presented to the
neighborhood in rendering and preplats. So, we ask that you deny these modifications
to this development agreement.
De Weerd: Thank you, Susan. Council, any questions?
Karnes: Merry Christmas.
De Weerd: Thank you.
Borton: Madam Mayor?
Borton: Mr. Borton.
Borton: If it's okay, just because Susan asked a great question and while it's fresh, if I
could ask Jon to respond and it's just on the procedure of why a development agreement
modification to allow the cell tower wouldn't come alongside the CUP application.
Wardle: Madam Mayor, for the record Jon Wardle. Actually, there is a conditional use --
conditional use permit in front of the city currently. That process has stalled because this
specific use of the cell tower wasn't previously contemplated adjacent to the substation.
So, as part of the conditional use process, which is currently with staff, which went to a
Meridian City Council Meeting Agenda January 2, 2019 – Page 84 of 576
Meridian City Council
December 18, 2018
Page 23 of 67
public hearing, but was continued, this was the process that we were asked to go through
was do a development agreement modification to bring the wireless use in. If that gets
approved, then, the conditional use process can continue. So, it's already in process, but
it's paused at this moment.
De Weerd: Could it not have been done in parallel, so that -- if you do it separately Council
doesn't ever see CUPs, it's considered and decided at Planning and Zoning. Mr. Nary.
Nary: Thank you, Madam Mayor, Members of the Council. We had this discussion
internally and it is awkward, because the CUP is only done at the Planning and Zoning
level, unless it's appealed, and modification of development agreements are only done at
the Council level. So, I think what the stall Mr. Wardle referred to is that the Planning and
Zoning Commission cannot grant them a CUP conditionally. So, they -- and so since they
are -- it's not a use that's contemplated and allowed within the development agreement ,
they can't grant it. All the Council is being asked is to modify the development to allow
this use to be considered subject to the CUP. So, the requirements of the CUP still have
to go through public hearing held, conditions of whatever is necessary to alleviate the
impact of that to the neighborhood. It could all be considered. But right now they can't
even consider it, because it's not something contemplated.
Borton: That makes great sense.
Nary: Okay.
Borton: Thank you.
Coles: Madam Mayor, I spoke too soon. None of the other sign -ups indicated they
wanted to provide testimony.
De Weerd: Okay. This is a public hearing. Is there people who would -- yes. Good
evening and Merry Christmas.
LaFever: Good evening.
De Weerd: If you will, please, state your name and address for the record.
LaFever: Denise LaFever. 6706 North Salvia Way.
De Weerd: Thank you.
LaFever: Meridian, Idaho. And I concur with what Susan had to say, but I will go one
step further, a little more direct about it. I adamantly oppose this application to do land
use changes in a DA and not to come forth with a CUP. There are multiple times that
applications come forward with multiple requests. You had one on your agenda tonight
that was withdrawn that had three different things they were asking all at one time.
Brighton in the past has gone through and has put applications together with multiple
Meridian City Council Meeting Agenda January 2, 2019 – Page 85 of 576
Meridian City Council
December 18, 2018
Page 24 of 67
requests in one. But back to the subject here, a CUP is required to go back and make
this change. First of all, this land is zoned. That just flipped. Can we flip back to the one
that you had it on, so that -- that is actually zoned land. Right over there, that medium
density, there was an application that zone d that. That's zoned residential. Right there,
by going back through and doing this, that would require a rezone . By going back and
accepting this DA it -- it says right in here future development of site shall be generally
consistent with the amended concept plan , dated October 26, 2018. Which is this one.
So, in theory, by authorizing this DA, as it stands you are authorizing this new design
conceptual plan. Not only are you authorizing the self storage, the office or retail, which
is commercial, which is in a residential -- that's a rezone. You have your cell phone tower,
which requires a CUP. So, go back through the application process and couple and
combine these and do it the right way. We are turning into a city that's over 100,000
people. Process needs to matter. This is -- this is just backwards. This is Timber --
Timber Creek all over again and we need to -- we need to be doing better as a city. At
least that's my opinion.
De Weerd: Thank you, Denise. Any questions?
Borton: Madam Mayor?
De Weerd: Mr. Bernt.
Borton: Just -- maybe just a --
De Weerd: No. I said Mr. Bernt.
Borton: Mr. Bernt. Sorry.
Bernt: That's all right.
Borton: I heard a B on that.
De Weerd: You were so excited.
Bernt: Thank you, Madam Mayor. I believe that by -- I don't think we are approving any
of this tonight, are we? I mean just to confirm. I believe what Mr. Nary said, we are just
allowing for the discussion to take place and I don't believe that we are approving a self
storage unit tonight or office, retail, or anything like that. I think we are just approving the
process, like Denise mentioned, to have the discussion and there will be future discussion
in regard to this in the future when they come back and , you know, with -- with more
details. So, am I -- am I miss --
De Weerd: Mr. Nary.
Nary: Madam Mayor, Members of the Council, you are correct, we are -- they are asking
for a modification to allow these types of uses. Some of them are going to require a
Meridian City Council Meeting Agenda January 2, 2019 – Page 86 of 576
Meridian City Council
December 18, 2018
Page 25 of 67
rezone, as we talked about with the storage facility. Some will require a CUP, like the
tower, which has another process. So, you are correct, you are not approving any of
those uses. You're approving those to be considered for this location and some of them
have -- I don't know and maybe Sonya could say -- if any of this isn't -- is approvable now
with just the development agreement. I don't believe any of these are. I think all of them
require more process.
Allen: Madam Mayor, Councilman Bernt, no, you're not approving the actual use tonight.
However, if you do approve a conceptual development plan with these uses on it , you
are, essentially, saying that you believe them to be consistent with the mixed use
designation and the mixed use neighborhood designation. So, be very careful what you
wish and what you're approving, just -- you know, if you approve this tonight this is
something that they will be allowed to develop in the future, then , through the appropriate
processes, a rezone and a conditional use permit for the storage facility.
Borton: Madam Mayor?
Milam: Madam Mayor?
De Weerd: Mr. Borton.
Milam: Oh.
Borton: Go ahead.
De Weerd: You were next.
Milam: You were next.
Borton: Madam Mayor, I thought I understood Jon to say that portions of the DA
modification that address the self storage and office are effectively withdrawn today and
will come back at a future date, along with the future rezone. So, the only portion of the
DA modification at issue today is just specific to the cell tower itself.
Allen: Madam Mayor, I believe he was wanting the office and retail to remain. It's -- it's
an allowed use.
De Weerd: Mr. Wardle.
Wardle: And I thought this was going to be short. And just to clarify, we are going to have
to come back with a rezone anyways and that process will come back to the City Council
and if we need to address the office and retail and mini storage all in one package as part
of that DA, we can do that. That's not a problem. But what we are asking for specifically
is the wireless tower. Furthermore, the wireless tower is a conditional use permit item in
an R-8 zone, which this property already is. They submitted an application for a
conditional use permit for a wireless tower, but because that use wasn't specific in the
Meridian City Council Meeting Agenda January 2, 2019 – Page 87 of 576
Meridian City Council
December 18, 2018
Page 26 of 67
previous development agreement it was halted. So, that's what we are here for tonight.
We haven't circumvented the process. A conditional use permit was submitted a long
time ago. It was noticed for a public hearing. It was stopped pending us coming back
and taking care of this element tonight. So, if we want to keep it simple and we are willing
to, the -- what we are asking for specifically tonight is to allow a conditional use permit to
go forward, because now a cell tower could be a use allowed with the development
agreement. So, that's what we are asking for.
Milam: Mrs. Milam.
Milam: Jon, did you have any -- any response to there being another cell tower a mile
away?
Wardle: So, my limited knowledge of cell towers is they are very territorial. For the
provider or the user of this one they must have determined that they either couldn't get
access to it or it was deficient for whatever reason . They do co-locate. There could be,
I think, four users on this tower. By no means does anybody want to have a lot of cell
towers around, but we do have to recognize as well that the way people communicate
has changed. Fewer people have home phones and that need on newer facilities is out
there. So, I believe in this case they have decided that this is a location that's needed.
De Weerd: I guess my question is you don't necessarily need to -- Council doesn't have
to accept the proposed new conceptual plan to modify a DA for consideration for a CUP
for a cell tower.
Wardle: I think that's at the discretion of the Council. A simple amendment by text to the
existing development agreement to allow a cell tower is -- is what the city wants to do. I
believe they can do that. The process that -- in this development agreement specifically
was as modifications come forward new plans need to be presented , so we presented a
plan, which we think represents what will happen here in the future, but I believe that the
city could adopt a text amendment to the development agreement without adopting a new
plan.
De Weerd: Well, if a cell tower is allowed in a medium density residential designation,
why do you need to -- to modify the DA at all?
Wardle: Madam Mayor, it's my understanding that it wasn't contemplated in the previous
DA, therefore, it was -- staff asked that we go through the DA process to bring that in. But
it is a conditional use permit in an R-8 zone.
De Weerd: Yeah. I guess, Sonya --
Wardle: Am I wrong?
De Weerd: -- same question to you.
Meridian City Council Meeting Agenda January 2, 2019 – Page 88 of 576
Meridian City Council
December 18, 2018
Page 27 of 67
Allen: Madam Mayor, Council, the reason we are here before you tonight is because the
approved conceptual development plan for this site there on your left only depicts medium
density residential for this site, four to eight dwelling units per acre specifically, not a --
not a cell tower. So, if -- if you only wish to approve that tonight, please, just direct the
applicant to modify their revised concept plan to only reflect the cell tower and , then, we
can certainly move forward with the conditional use permit that's in process .
De Weerd: But if a cell tower is traditionally already allowed in medium density, why does
-- why do you need the modification to the DA? If it's an allowed use through the CUP
process?
Allen: It's an allowed use in the zoning district, Madam Mayor. It's -- the concept plan
that was approved with the annexation for this property basically lays out how the
properties propose to develop in the future. They did not contemplate a cell tower on this
site, even though that it is a conditional use in the R -8 district, it wasn't contemplated on
the -- on the concept plan. It says right on at four to eight units per acre. So, just to be
safe, it is -- it is a use that can impact neighbors, so that is why staff had the applicant
come back and modify the development agreement , be above board with everybody
and --
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: Madam Mayor, Members of the Council, maybe to help, too, oftentimes with
development agreements the purpose of them is to limit the uses that would normally
have been allowed in that district and because they have contemplated certain types of
things Council has said, okay, even though you could have a car wash or you could have
a cell tower, you don't -- you haven't proposed to do that and we are going to approve
with what you're proposing to do. So, that, I believe, was the reason that it wasn't included
in this one. So, all uses in that district weren't necessarily approved to be used , it was
what they had proposed to use.
De Weerd: Okay.
Allen: And to add to that, Madam Chair, I'm not sure that a detailed plan was proposed
at that time. I don't remember for sure, but when we zone a property without a detailed
plan we -- we want to make sure that we get zoning with a concept plan , so that we have
an idea of what can develop on the property, just like Mr. Nary said.
De Weerd: So, we still don't have detail on -- on this. Do we have detail on this? We
don't have a plat.
Allen: I don't remember if a preliminary plat came in with this or not.
De Weerd: I don't remember seeing one.
Meridian City Council Meeting Agenda January 2, 2019 – Page 89 of 576
Meridian City Council
December 18, 2018
Page 28 of 67
Wardle: Madam Mayor, no, at the time, no, there is not a preliminary plat, which -- but we
will bring that back. We have -- we have a pretty good idea of what we want to do, but
just the timing with Mr. Hill this is what we were focused on.
De Weerd: Any further questions from Council. Okay. Since we kept calling the applicant
back up, any further testimony? And someone that has not been able to provide it.
Karnes: Good evening.
De Weerd: If you will, please, state your name.
Karnes: Susan Karnes.
De Weerd: Yes. Thank you.
Karnes: 5556 South Graphite Way. And Merry Christmas again. The city code is very
clear on cell towers and I think that is one aspect of this that is being overlooked. Cell
towers are discouraged in residential zoning and there has to be an effort to use all service
on existing cell towers and so I -- I think we need a point of clarification and perhaps a
refresher for Council of what is actually written in the code pertaining to cell towers. Our
members and I think all of Meridian residents would appreciate that. Thank you.
De Weerd: Thank you, Susan. Okay.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: And just to respond. I don't -- I don't see it necessarily as a -- it's a procedural
kind of chicken or the egg in one sense -- in this -- as I understand it, the ability for the
CUP, which may or may not be granted by that deciding body, can't be processed unless
the DA allows it to be considered initially. So, the request before us is to modify the DA
and modify the proposed concept plan, just to show that little rectangle where the cell
tower potentially could be. The specifics of what that tower is, whether or not it's
appropriate in a residential district and the reason why it's conditionally permitted, if at all,
is for a later date and a different body. So, if, on the other hand, this body, which is the
only body that can amend a development agreement, to allow that consideration to even
go forward, our decision on the development agreement itself doesn't decide whether or
not a cell tower does or doesn't go in. That's not our decision . That's -- so, as I understand
what Mr. Wardle is asking for is the proposed concept plan on the right would be
resubmitted that would only reflect the change where a proposed cell tower is included
on the corner. The red and the self storage and the office retail would remain. The yellow
medium density residential for now and will be addressed with a future application, along
with a rezone. So, all we are doing is allowing the process to go forward for a future
decision on the cell tower. So -- so, it's not a matter of either not understanding or
misapplying city code, this is, quite frankly, exactly what it -- what it requires.
Meridian City Council Meeting Agenda January 2, 2019 – Page 90 of 576
Meridian City Council
December 18, 2018
Page 29 of 67
Unfortunately, it's somewhat clumsy, but we don't have an option to process it a different
way on this particular application. Madam Mayor, what would be nice in a perfect world,
right, we would see as part of a DA modification -- perhaps see what the cell tower
specifics might be. It would probably help.
De Weerd: They would probably skew the process of the CUP public hearing, too. So,
that's the conundrum of -- of this particular thing. Would the applicant like to make final
remarks?
Wardle: Madam Mayor, Council, for the record Jon Wardle, Brighton, representing Mr.
Marty Hill. Just to summarize, yes, we will modify this map to simply just show the
proposed cell tower location and removing the self storage and the office from this , so
that that process can move forward and, then, we will come back with another
development agreement and preliminary plat and rezone to address these other uses and
we will bring those to you at a future date . So, we request your approval of the modified
development agreement to allow a wireless facility at this location, but still be required to
go through the conditional use process.
De Weerd: So, it allows consideration, but not particularly approving the use.
Wardle: That is correct, Madam Mayor.
De Weerd: Okay. Council, any questions for Mr. Wardle? Okay. Thank you. Another
first. Council, any further information needed?
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: Just a comment and an appreciation to staff, even though this is kind of a grind,
that's work well done to catch these discrepancies noted, bring it forward. I appreciate
the applicant being understanding and appreciative , I guess, at least respectful to the
process and working it the right way. So, thank you both for the way you have handled
it.
De Weerd: For continuing to stick with the explanation to us as well. Any further
questions from Council?
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: If not, I would move to close the public hearing on H-2018-0127.
Bernt: Second.
Meridian City Council Meeting Agenda January 2, 2019 – Page 91 of 576
Meridian City Council
December 18, 2018
Page 30 of 67
De Weerd: I have a motion and a second to close the public hearing. All those in favor
say aye. All ayes.
MOTION CARRIED: FOUR AYES. TWO ABSENT.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: I move that we approve H-2018-0127 as amended by the applicant's comments
here today narrowing the modified development agreement to address the potential cell
tower location, exclude the other amendments to the DA that would address potential self
storage or office retail and that the proposed concept plan that's been presented be
resubmitted to reflect only that portion that addresses the proposed cell tower location
and the remainder of the concept plan remain as is until some future date .
Bernt: Second.
De Weerd: I have a motion and a second. Any discussion? So, the -- the request is to
get a new conceptual plan that shows only the -- the proposed cell tower location, which,
again, does not grant that location, it just allows it to go through the public process for a
conditional use permit.
Borton: Correct.
De Weerd: Okay. If there is no discussion, Mr. Clerk, will you call roll.
Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, absent; Little Roberts, absent;
Bernt, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: FOUR AYES. TWO ABSENT.
D. Public Hearing for Shelburne East (H-2018-0112) by Shelburne
Properties, LLC , Located at 4080, 4115, 4205, 4301 and 4330
Bott Ln.
1. Request: Annexation and Zoning of 35.09 acres of land with
R -4 23.58 acres) and R -8 (11.52 acres) zoning districts; and
2. Request: Preliminary Plat consisting of 101 building lots and
21 common lots on 34.62 acres of land in the proposed R -4
and R -8 zoning districts
Meridian City Council Meeting Agenda January 2, 2019 – Page 92 of 576
Meridian City Council
December 18, 2018
Page 31 of 67
De Weerd: Item 9-D is a public hearing for H-2018-0112. I will open this public hearing
was staff comments.
Allen: Madam Mayor, Members of the Council, the next application before you is a
request for annexation and zoning and a preliminary plat. This site consists of 34.62
acres of land. It's zoned RUT in Ada county and located at 4080, 4115, 4205, 4301 and
4330 East Bott Lane. The Comprehensive Plan future land use map designation for this
property is medium density residential, which calls for three to eight dwelling units per
acre. The applicant has submitted an application for annexation zoning of 35.09 acres of
land with R-4 zoning, 23.5 acres, and R-8 zoning, 11.5 acres. Zoning districts. And
preliminary plat consisting of 101 building lots and 21 common lots on 34.62 acres of land
in the proposed R-4 and R-8 zoning districts. The proposed density of the development
is 3.1 units per acre, which is consistent with the medium density residential future land
use map designation. There are four existing homes and accessory structures on this
site that are proposed to be removed, except for one home, which is on Lot 9, Block 9,
and a garage on Lot 6, Block 7, which will remain on lots in the proposed subdivision . A
new home will be constructed on the lot with the existing garage and that is this lot right
here, if you can see my pointer. The existing home will be required to hook up to city
water and sewer service within 60 days of it becoming available . Access is proposed
from the west via the future South Hillsdale Avenue and from the east via East Bott Lane,
both designated collector streets. Stub streets for future extension and interconnectivity
are proposed to the west to the Marsh and Rasmussen properties and to the south to the
Williams property. ACHD is requiring Bott Lane to be improved off site from the east
boundary line east to Cloverdale Road. A new bridge is proposed on Bott Lane over the
Ten Mile feeder canal to replace the existing single lane bridge . A structural engineer is
reviewing the -- actually, they have reviewed the existing bridge over the Ten Mile feeder
canal and they did restrict that -- our fire marshal there can chime in if you would to --
Bongiorno: They restricted it to single axle vehicles. So, just a fire engine -- the fire truck
cannot go across it.
Allen: Thanks, Joe. The Ten Mile feeder canal and the Nine Mile Creek cross this site.
The canal is proposed to remain open and the creek is required to remain open and be
improved as a natural amenity. A 15 foot wide irrigation easement is depicted along the
southern boundary of Lots 2 through 9, Block 4, and along the northern boundary of Lot
9, Block 3. The UDC requires easements wider than ten feet to be placed in a common
lot that is a minimum 20 feet in width, unless otherwise modified by City Council. The
applicant is requesting Council approval for the easement to be located on the associated
building lots, rather than placed in a common lot. So, that will require Council action if
you desire to change that. A total of 16 percent or 5.25 acres of qualified open space is
proposed, which is six percent or 1.85 acres over the minimum required of ten percent or
3.4 acres and consists of a community orchard, pond, collector street buffers, parkways
along collector and some local streets, stormwater detention facilities and open grassy
areas at least 50 by 100 feet in area. A minimum of two site amenities are required based
on the size of the development. Several amenities above the minimum required are
proposed for each of the three categories. Quality of life, recreation, and pedestrian or
Meridian City Council Meeting Agenda January 2, 2019 – Page 93 of 576
Meridian City Council
December 18, 2018
Page 32 of 67
bicycle circulation systems, consisting of the following: Three picnic areas with shelters
and tables, a sports court, a segment of the city's multi-use pathway system along the
Ten Mile feeder canal, internal pathways and micro paths. A pond with a bench. A tot lot
with children's play equipment. A community orchard with picnic tables and an additional
20,000 square feet of common open space area. Conceptual building elevations were
submitted for future homes within this development that are consistent with those being
constructed in Shelburne Subdivision to the west. Building materials consist of stucco
and board and batten siding with some stone veneer accents. Most of the homes will be
single story in height, with some two story. They will range in size from 1,800 to 3,000
square feet, contain three to four bedrooms and have two and three car garages . Their
rear and sides of homes visible from the Hillsdale Avenue and Bott Lane collector streets
are required to provide articulation in those elevations. The Commission did recommend
approval of these applications. I will just go through a summary of the Commission public
hearing. Those that testified in favor are Jeff Bauer, the applicant's representative. Mike
Kingsley and Shon Parks from T-O Engineers. Those that testified in opposition or
Jennifer Marsh and Jared Marsh. Commenting were Lisa Esson, Earl Esson, Bonnie
Stiles and Jeff Fulcher. Written testimony was received from John Carpenter T-O
Engineers, the applicant's representative, and Tim and Lisa Petsche. The key issues of
discussion were the Petsche's request that a six foot tall privacy fence and either a
restriction for a single story home on the lot against their southeast corner or no second
story windows facing north due to the location of their outdoor kitchen and pool area
where they would like to retain their privacy. Concern pertaining to increased traffic in the
area generated from the proposed development and impact on quality of life for existing
residents. Concern pertaining to the lack of continuous complete improvements, i.e.,
street and sidewalks on Bott Lane from the east project boundary to Cloverdale Road.
They are against the density proposed. Believe that it's too high for this area. They prefer
R-4 zoning. The Marshes request a barrier is constructed along their southern property
line next to Bott Lane where their son's bedroom is located for safety. Fencing along their
east boundary and single level homes constructed adjacent to their property. Concern
pertaining to impact of the proposed development on already overcrowded schools .
Concern pertaining to cut-through traffic on Bott Lane, Peaceful Pond between Cloverdale
and Eagle Roads, and, finally, lack of transition and lot sizes and buffering to existing
large rural lots. Key issues of discussion by the Commission were as follows: The
provision of additional landscaping, retaining walls, rocks boulders or some kind of a
buffer between Bott Lane and the Marsh home to protect their house, similar to that
designed by their -- excuse me -- designed for the Rasmussens. Timeline for the house
on the Fulcher property to be constructed. Jeff -- Jeff Fulcher stated that they intend to
build their home just as soon as the property is subdivided. In favor of the proposed open
space and site amenities. The requirement of a street buffer on the Fulcher property for
continuity that are off-site curb, gutter, and sidewalk improvements should be required
along Bott Lane to Cloverdale Road. And, finally, if the proposed density 3.1 units per
acre is appropriate for this development. The Commission did make the following
changes to the staff recommendation. They struck condition number 1.3 E, which
recommends a common lot is provided for a landscaped street buffer along South Trenton
Avenue on the Fulcher property. They included a condition requiring the applicant to work
with the Marshes to ensure that they have an appropriate buffer, landscaping, and security
Meridian City Council Meeting Agenda January 2, 2019 – Page 94 of 576
Meridian City Council
December 18, 2018
Page 33 of 67
protection for their home from traffic on Bott Lane. That is conditioned number 1.1F. And
they included a condition requiring off-site improvements, curb, gutter and sidewalk, along
one side of Bott Lane from the east property boundary to Cloverdale Road with the third
phase of development and that is conditioned number 1.1G. There is one outstanding
issue for Council tonight. The 15 foot wide easement that's proposed along the southern
boundary of Lots 2 through 9, Block 4, that I mentioned earlier and along the north
boundary of Lot 9, Block 3. Council should make a determination whether that should be
placed in a common lot as required by the UDC or if it can remain within an easement
within building lots as requested by the applicant . Written testimony since the
Commission hearing was received from Tim and Lisa Petsche and Jesus Tovar from
Criterion Land Management. Staff will stand for any questions.
De Weerd: Council, any questions at this time? Would the applicant like to comment?
Good evening.
Nelson: Good evening, Madam Mayor, Members of the Council. Merry Christmas. Let
me make sure I know how to run this thing before I get going. And co uld I clarify, do I
have ten minutes or 15 minutes?
De Weerd: Fifteen.
Nelson: Thank you. I -- I probably won't need them all. Deborah Nelson here with Givens
Pursley. My address is 601 West Bannock. And I'm representing the applicant for the
Shelburne East project this evening. I have with me the developer Randy Clarno and
also Shon Parks from Toothman Orton that are also available to answer questions if there
is anything I can't respond well enough to you about. Both the city staff and the P&Z have
recommended approval. We are very appreciative of the hard work that Sonya has put
into this. We have just two things to talk to you about specifically tonight . As Sonya
mentioned, one of them about this specific ask on the easement. I will get into that in a
little bit. And, then, there is one condition of approval that came out of the Planning and
Zoning Commission that we want to address with you as well involving some off -site
improvements on Bott Lane. So, just a couple quick overview points. Sonya covered
that really well. I need to go about where we are. We are seeking these two different
zones of R-8 and R-4. Together they result in a gross density of just 3.1 and that puts it
within the three to eight range that's contemplated by your medium density residential
designation in your comp plan. So, the project does meet all of the city criteria for
annexation and zoning within the area of impact. It's consistent with the Comprehensive
Plan and that is contiguous with utilities available. Also as Sonya went through we are
seeking a preliminary plat approval for 101 single family buildable lots. Two of these
already exists. So, it's 99 new and 21 common lots. This will be built out in three phases.
As you can see on this slide phase one and two are to the west and expect to get going
on that right away in the spring. Phase three is on the east side onto the east of the Ten
Mile feeder canal and hope to follow quickly with that in the fall . Looking at access, you
can just see in this kind of global view the access that eventually heads out to Eagle Road
through Peaceful Pond, which becomes Zaldia and, then, Bott Lane, which heads out to
Cloverdale on the east. Looking specifically at Bott Lane internal to the property, the
Meridian City Council Meeting Agenda January 2, 2019 – Page 95 of 576
Meridian City Council
December 18, 2018
Page 34 of 67
developer is doing a lot of work on this road, taking what was a private only lane into a
public collector status. So, significant widening improvements to the collector standards,
with bike lanes, detached five foot sidewalks, a 20 foot landscape buffer. Also
constructing a new bridge over the Ten Mile feeder canal as part of phase three . The
current bridge is less than 20 feet wide. It can handle a single rear axle fire truck. So,
the Meridian Fire Department has agree that this can serve as an emergency secondary
access until phase three when the bridge can be replaced. ACHD's conditions of approval
require the development to install temporary bollards until that bridge is replaced and that
access is restored and the develop er has already worked with the fire department on
acceptable bollard designs, so that they are the collapsible bollards. The developer
stands ready to do the phase three bridge improvements as soon as possible. The issue
is not one of providing the capital right away, it's one of timing with a non-irrigation season.
The project is providing significant open space. As Sonya noted, it exceeds the UDC's
open space requirements, 16 percent instead of ten percent and five and a quarter acres
of developed open space. This has significant amenities with both passive and active
from several categories in your UDC, your recreational amenities with a sports court and
a tot lot with playground equipment, an open play field. From your quality of life category,
three picnic areas and a common space open lot. An orchard and community garden,
with a public gathering space. And from your pedestrian category there are five foot wide
paths throughout to increase connectivity and a regional ten foot pathway along the Ten
Mile feeder. This slide shows you a couple images of the -- some of the amenities that
are provided. The houses are lovely. They -- they have already been built in the
Shelburne One and Two that are to the west. So, the city already has a good indication
of what they are going to do here and there will be a mix of single and double story homes,
primarily single, with home sizes ranging from 1,800 to 3,000 square feet and architectural
styles contemporary and modern farmhouse. The developer has worked extensively with
the neighbors. There were three neighborhood meetings held for this project . A couple
of comments on specific changes or accommodations that have been made in response
to neighbor comments. Holly and Kendall Rasmussen have asked that we fence their
property. They are up in this corner. Oh, there we go. Up here around this corner of
where Bott Lane curves. They have asked that we fence the entirety of their south and
east properties and we have agreed to do that. We have also proposed some significant
landscape buffering here that we will install and maintain along with the -- in front of this
fence and a lot of rock and landscaping there. W e have also worked with the neighbors,
Jared and Jennifer Marsh, to realign Bott Lane. This hatched area here shows a portion
of right of way that actually extends through their home and improvements on their yard
and so we are realigning the angle here, Bott Lane, to go further south to get outside of
that area and to get further away from their home. We have agreed to work with the
Marshes and with ACHD at the time of final plat to accomplish an exchange and vacation
of that right of way. The Marshes have also requested that we add some additional
landscaping to create some buffer in that area and we have agreed to do that as well.
We have also worked with the neighbors to the north that you can see -- they are -- they
are right up here above this community orchard , Tim and Lisa Petsche, to reduce the
number of lots that are on that shared property line and we moved this orchard amenity
up here so that they are adjacent to common area, as it was discussed from comments
at the Commission. They have asked for a six foot privacy fence and for single family
Meridian City Council Meeting Agenda January 2, 2019 – Page 96 of 576
Meridian City Council
December 18, 2018
Page 35 of 67
story lot here adjacent to their property and the developer is willing to do that. We are
also asking the Council to approve this irrigation easement. I will just explain that briefly.
It comes down here at the bottom and , then, it's also on the bottom of this lot. We are
asking for a 15 foot irrigation easement, because ten feet is just a little tight to fit in the
irrigation pipes that we need there and to allow maintenance, but we don't really want to
stick a -- just a skinny common lot that's 20 feet wide here, it -- it adds a burden onto the
homeowners to maintain that and it shrinks the sizes of these lots and so what we are
asking instead -- we have made these lots deeper, so that they have plenty of room for
the building envelope and still to accommodate that easement. It doesn't crowd out their
ability to develop those homes, but -- so, they can have the larger lots. There is still plenty
of room for that 15 foot irrigation easement. Your code allows you to approve this. It's a
Council-only decision. So, the P&Z didn't weigh in on this. If for any reason you're not
inclined to approve it, I would ask to revert to the ten foot and just make do, rather than
have another common lot there. One of the most significant things we need to talk to you
about is a condition that was imposed by the Planning and Zoning Commission and that's
condition 1.1G, which requires the installation of curb, gutter, and sidewalk along Bott
Lane off site from the development from the boundary of Shelburne East on -- right here
on the east side, all the way -- you can't even fit it onto this one slide. I have got two
slides to show you. It stretches a quarter mile all the way out to Cloverdale. Notably that
stretch of Bott Lane is in Boise's area of impact, not the City of Meridian's. This came up
only after the Commission had closed their hearing and so the developer did not have an
opportunity to weigh in on it. Also, it wasn't a condition of approval recommended by staff
in their staff report, so we just had no knowledge that was even going to come up. But
there is some facts that are important to this that we need you to take into account as you
consider this. You know, as discussed already, the developer is going to make significant
improvements to Bott Lane within the development as is required and standard, by
widening and improving the collector standards. There is no ACHD requirement or
otherwise to improve off-site collectors that aren't fronting your development and as we
look at this -- and I -- this is a big area, so it's hard to even see this, so I will walk you
through some of what this is. This is -- our engineer's helped us overlay where the existing
improvements are on it, so you can see this in topo and just to talk through some of the
feasibility problems we have with this improvement I mean even if you set aside the
significant cost that would be associated with those kinds of improvements for a quarter
mile. But if you look at where ACHD believes they have got 50 feet of right of way, some
of which is prescriptive -- I mean these are the improvements on the north side that are
in there. This includes irrigation facilities. This includes power lines. This includes some
improvements on these properties. Where there have been developed property -- so,
you can see this one example of Antler Ridge. They have come in as is required and
developed their own frontage and widened their roads and put in sidewalk and curb and
storm drainage facilities and that's what is expected to happen with all of these properties
as they come in and develop. And so Antler Ridge shows us where this sidewalk would
have to be aligned on the front, so it gives you a visual of how much improvement would
be needed, not just from all of those things that would have to be relocated -- there is
about 20 feet of unpaved stretch there. So , we are not just talking about curb and gutter
and sidewalk, we are talking about widening the road another 20 feet. Lots of problems
with that. And in addition to cost it's not designed. I mean there is no plan for that to be
Meridian City Council Meeting Agenda January 2, 2019 – Page 97 of 576
Meridian City Council
December 18, 2018
Page 36 of 67
widened right now for ACHD. There would be significant work that would have to go into
planning that to make the grade and another feasibility problem -- we don't own any of
this frontage and that creates a couple of problems. From a design standpoint we don't
have any place to put storm drain facilities and once you put curb in, then, you need storm
drainage. Normally you do that because you own the property adjacent to it and you're
developing it and so, then, you put the seepage on your own property. We don't have
that opportunity here. This is not our property. So , it's not even clear how -- even with
one side of curb how you would accommodate storm drainage . Another feasibility
problem is right of way. There is only 50 feet at max here to put in the collector road. We
-- we had 56 on our property. Presumably that's the same that would be required here.
So, since there is already an existing sidewalk on the north to fit this, if you were to try to
put this on the south you need another six feet of right of way to be required. Again, we
don't control these properties. So, that gives you a sampling of the problems. I mean, of
course, you get into power pole relocation and we are talking real money. It's -- it's cost
prohibitive even if it were feasible. So, it's -- it's not something that -- that we can agree
to. I mean this developer is pretty agreeable. People ask for things and they have been
really great to work with, but this is not -- this isn't one of those things. A correction to
maybe Sonya's comments about that ACHD has required improvements on Bott Lane.
They have not required improvements on Bott Lane. They did have some discussion of
-- they would like a 30 foot stretch here in a prior staff report, but they actually issued a
final decision today. So, dated December 18th and it does not require improvements
along Bott Lane for a number of reasons. I think they looked at the feasibility of this. They
don't have any plans or priority for this road to be expanded right now. They didn't think
the trips were significant to require anything and there was nothing in their policies that
could require them to have that widened. Instead, I think they looked at it and said this is
appropriate. It's a rural stretch road. There is 24 feet of pavement and on each side of
that pavement that exists now there is three to five feet of gravel shoulders and they
believe that -- I mean that is the pedestrian access until this is built out. It pro vides the
connectivity that I think maybe the Commission was looking for until these other
properties develop and ACHD felt that that was sufficient and -- and, in fact, they asked
and imposed a condition of approval that we were agreeable to, which is to go in there
and repair and replace that gravel shoulder to make sure it is suitable for a passage way
and so what -- what we would ask is for the city to remove this condition 1.1G, either to
rely or parrot the ACHD condition that we repair and replace the gravel shoulder as -- as
needed or -- or point to the December 18th decision by ACHD, because that is a condition
of approval on us. And some -- I mean we think this is a great development to be added
to your city and your community. We hope you agree. There is -- there is some unique
opportunities presented by this. The developer has gone to a great deal of trouble to
assemble a group of properties in this area. There is five properties here that's assembled
a large stretch to get 35 acres together. That keeps you from having piecemeal
development. It allows a larger scale planning effort. It allows you to get more amenities
and open space. As you can see we are above your standards here and there is a great
housing product. So, we ask for your approval consistent with the Planning and Zoning
Commission's recommendation, except for 1.1G and we ask your approval of the 15 foot
irrigation easement and I would stand for questions.
Meridian City Council Meeting Agenda January 2, 2019 – Page 98 of 576
Meridian City Council
December 18, 2018
Page 37 of 67
De Weerd: Thank you. Council, any questions? Mr. Borton.
Borton: Try that again. Just a couple of questions. On the -- the easement that you
referenced on that southern portion --
Nelson: Yes.
Borton: -- is the idea that the property owners would have their -- they build their boundary
fence within the easement and might be subject to have their fence torn out? Sometimes
these easements prevent you from building upon them and unless -- you do so at your
own risk. So, is that concern real concern?
Nelson: Madam Mayor, Council Member Borton, I don't believe we are allowing any
fencing to go within that easement. Is that correct? I'm asking our engineer here. No
fencing within that easement.
Borton: Okay.
Nelson: Does that answer your question?
Borton: It does. Madam Mayor. Just concern that homeowners in the future would be
shocked to have their fence torn out if that's necessary for some work done in the
easement area, so --
Nelson: Understood.
Borton: -- so, that helps that. On the -- the Bott Lane -- looking at the minutes it looks
like -- and I see how it was -- the hearing was closed and -- and one of the commissioners
made reference to it appeared like a belief that Bott Lane to the east was all gravel. There
is reference that it was a gravel road and nobody corrected it. So, is it paved with gravel
shoulders is how you described it?
Nelson: Madam Mayor, Council Member Borton, that's correct. Twenty-four feet at least
the width of pavement there. It's a rural section road --
Borton: Okay.
Nelson: -- and, then, there is three to five feet of gravel shoulder on each side.
Borton: Okay. Madam Mayor. So, there is a -- was there another condition in there that
you described, a commitment to -- you said maintain the gravel going forward. I don't
know how you phrased it, but there is a different condition that addresses that obligation;
is that right?
Meridian City Council Meeting Agenda January 2, 2019 – Page 99 of 576
Meridian City Council
December 18, 2018
Page 38 of 67
Nelson: Madam Mayor, Council Member Borton, not in the city's conditions of approved,
but in ACHD's conditions of approval the developer is required to repair and replace that
gravel as needed. I mean it's -- it's actually in pretty good shape.
Borton: Yeah.
Nelson: But the developer agreed to, you know, make sure -- to do whatever is needed
to make sure it really does continue to provide the safe passage way that ACHD believes
it already is.
Borton: Okay.
De Weerd: So, repair and replace as needed until when? Always? Until the end of time?
Until that's paved? What does that mean?
Nelson: Madam -- Madam Mayor, Members of the Council, the idea was that it would be
with development and so -- I mean all of our impacts on Bott Lane start when the bollards
come down and with phase three. So, with construction of phase three when we replace
the bridge and widen Bott Lane within our own development, at that time we would also
go out and make sure that the new connection that we are creating that didn't previously
exist now has that. So, it would be at the time of that construction.
De Weerd: So, you will just ensure that it's repaired and at the time that you start your
first building permit, I assume, and -- and that would be a one time fix.
Nelson: Madam Mayor, Members of the Council, that is the idea. It is actually an ACHD
right of way and they do maintain it. This was just something that they asked us to do at
the outset in case there is some additional materials -- really just as a way of contributing.
But it is their roadway and they do maintain this.
De Weerd: Kind of. Any other questions?
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: I guess I -- I just would like a little bit more clarification of the irrigation easement ,
because this happened to me and I went to put a swimming pool in my backyard and
found out there was a 15 foot easement from my fence -- my property line and to halfway
taking up my backyard. So, in that situation, fully fenced in backyard, right on top of the
irrigation line and nobody told me. Well -- and it's in the CC&Rs -- somewhere in the -- in
the paperwork that, you know, you're supposed to read every -- while you're sitting there
signing it at closing, while they are waiting for you to just sign your name. You know, I
read this, but I didn't -- I didn't ever -- that never really was something at the time that I
really thought about until several years later and I wanted to put in a swimming pool. So,
what is it that you do -- that you're going to do with those at the end? If there is not a
Meridian City Council Meeting Agenda January 2, 2019 – Page 100 of 576
Meridian City Council
December 18, 2018
Page 39 of 67
fence on it, so they are just -- they are open yards or there is a fence, but it's in and, then,
there is just leaves behind it or what happens with that?
Nelson: Madam Mayor and Council Member Milam, it's a great question and I may need
the engineer to come in and fill in more details, but I will tell you what I know. As I
understand the -- the issue of why this is in your code is because of exactly that concern
that you have raised that some -- that there wasn't enough buildable area and so part of
what the developer has done here is to make those lots deeper. So , they are a minimum
130 feet there. So, that -- that way they have enough space to provide the building
envelope and the improvements you would need without getting into the irrigation
easement and it's only five feet difference from what your code allows without being in a
common lot. But as I understand the comments a moment ago, we won't be putting any
fencing there. Of course, these easements have to be shown on the plat and CC&Rs. I
mean they are recorded with the property. Is there anything else that -- Shon, do you
want to address that I didn't cover answering their questions? Maybe you can provide a
little more detail about what would be used there.
Park: Madam Mayor, Council, good evening and Merry Christmas.
De Weerd: Good evening.
Park: Shon Park. 2471 South Titanium, Meridian, is my work address, T-O Engineers.
To clarify somewhat we -- we probably would have fencing within that easement. As
typical with even the ten foot easements it would be at the backside of -- of that overall
15 foot easement and so the 15 feet would be within the backyard of the private lots. We
are just requesting the additional width just to get mostly equipment back there without
going into, you know, disturbing the lot itself, because of this -- because we have two
lines, both the pressure irrigation and an irrigate -- and a gravity fed irrigation line there
that have to have some separation and so it provides very little width to the edges of the
property and the 15 feet just provides better maintenance ability. Again, we -- you know,
if -- if this is a problem with the Council we definitely could go down to the ten feet, it just
becomes kind of a maintenance issue in the future. So, does that answer your questions?
Milam: Madam Mayor? Well, I was -- I was under the impression that it was pressurized
irrigation at 15 feet anyway or maybe that is just what's needed for the reasons that you're
explaining. I know that's what mine is, it's pressurized irrigation, which is why they have
a 15 foot easement. My -- the main problem is you put it in the CC&Rs, this thing is this
fat, people are expected to read that while they are closing at a title agency and they may
not read it until after they buy the house. Is there is some way you can make sure that
people know -- put it -- put it on the listing with the realtor, so that people understand that
they don't own that entire backyard -- or they do, but can't do anything with it.
Park: Agree.
Milam: Because it is very frustrating. I had spent thousands of dollars already pre -
ordering stuff, so -- that would be my -- please do that.
Meridian City Council Meeting Agenda January 2, 2019 – Page 101 of 576
Meridian City Council
December 18, 2018
Page 40 of 67
Nelson: Thank you for that correction. Anything else?
De Weerd: Any other questions at this point? Okay. Thank you.
Nelson: Thank you very much.
De Weerd: Mr. Clerk.
Coles: Thank you, Madam Mayor. Susan Karnes is first on the list.
Karnes: Good evening.
De Weerd: Thank you, Susan.
Karnes: I'm Susan Karnes. 5556 South Graphite Way. And I'm here on behalf of the
Southern Rim Coalition. We have two concerns about this application , just things we
want Council to look at very, very carefully and the first -- you won't be surprised to hear
this word come out of my mouth is transition. I want to paint a picture for you , because
some of you may not be familiar with this area, but this is a really beautiful part of south
Meridian and a lot of the adjoining neighbors are on generous estate or rural size lots.
Sadly, some of this land was zoned R-8. This would have been an ideal location for R-2
for the City of Meridian, but some of it's R-8. We urge you to be as sensitive in transition
to these existing beautiful properties as you possibly can through berms , through single
story homes, through lush plantings and adherence to dimensional standards. I feel it's
the least we owe these really fine neighbors in this part of town. The sec ond concern is
this: I have driven up and down Bott Lane, I have gone up and down Zaldia, I think the
closest comparison for you is Magic View through the Woodbridge neighborhood. I had
an 8:00 o'clock appointment to go from my home, which is just south of Amity, up to St.
Luke's the other day. I no sooner crossed Amity, traffic was backed up to the interstate.
I kid you not. This is, what, 7:40 in the morning. Traffic backs up incredibly on Cloverdale
and on Eagle and one spot is connected to Zaldia, I think you're going to see people
taking advantage and cutting through. I appreciate some of the configuration of the
collector roads that goes through the zigzags and so on , but Bott Lane is a rural lane at
best and we are really concerned about that becoming a cut through, especially with a
school property planned off of Amity. We just asked you to look at that very closely. Look
at traffic calming. Not through the use of chicanes, because we want our collectors to be
wide and generous and inviting for cyclists and chicanes jut out from the curb and we feel
endanger cyclists, not to mention motorists when they are obscured by winter snow and
-- and so on. So, those are our comments, you know, just to take a look at lot sizes
adjacent to these larger properties, to take a look at transition and to really scrutinize
traffic calming and the traffic pattern, because I really fear for people cutting through this
neighborhood.
De Weerd: Thank you, Susan. Council, any questions?
Meridian City Council Meeting Agenda January 2, 2019 – Page 102 of 576
Meridian City Council
December 18, 2018
Page 41 of 67
Karnes: Thank you.
De Weerd: Thank you.
Coles: Michael Kingsley is next.
Kingsley: Hello. I'm Michael Kingsley. I live at 4701 East Bott Lane.
De Weerd: Thank you, Michael. Merry Christmas.
Kingsley: Merry Christmas and Happy Holidays. I have lived here for 32 years. My wife's
family has lived here for 72 years. She was born in that -- the log cabin that's in front of
our property.
De Weerd: And can you point out where you are?
Kingsley: I am -- if I can find a -- I'm right here. That's me. We spent 17 years living in
this log cabin in front until we had enough equity to build us a house. Because this house
was built in the '40s. It's basically a shack. It's getting shorter and shorter. Grandpa
bought it. Built it himself out of logs. So, we wanted a house that had floors and a ceiling,
so --
De Weerd: That's reasonable.
Kingsley: Yeah. So, we built this house. This house here in hopes of developing our
property into a nice neighborhood. Not this one here, because these people did approach
us and we turned them down. We are really happy that the Seegmillers that live over
here were approached by Randy and -- and we looked at -- at his developments that were
going on over in this area here and were -- were so impressed -- I mean so incredibly
impressed that we just couldn't believe it. There is side lots. There is street lights. I
swear to God in the last week I almost killed a woman dressed completely in black with a
black dog running down Bott Lane. You know, I was just driving out of my driveway, you
know, because she's dressed completely in black. It's dark out. There is no lights
anywhere along that road. We have got -- we are developing -- there is a lots of people
coming in here. I have looked at what Randy has put together. Nice slides. We have got
fire hydrants. Okay? Do you know there has been over four fires in this neighborhood in
the last ten years. One of them blew up so badly that it burned for two days. Okay? And
that's because the fire trucks couldn't get to it. Okay? They just couldn't get to it. Now
we have -- we have an ability to get fire trucks to these homes. We have got amenities
that were unbelievable before grandma was just dying for sidewalks. I think she -- she
raised our kids there on a -- on a dairy farm with two cows and that's how she lived. They
didn't even notice the depression. So, to be able to have such a nice neighborhood move
into my area, instead of having to move out of my area to find one , is just such an
incredible -- incredible act that I just can't hardly -- I can't -- you know, I can't believe it.
It's just -- this is going to be an incredible subdivision. That's all I can say. It's going to
be incredible. Thank you very much.
Meridian City Council Meeting Agenda January 2, 2019 – Page 103 of 576
Meridian City Council
December 18, 2018
Page 42 of 67
De Weerd: Thank you, Michael.
Coles: Earl Esson is next.
De Weerd: You have to wait until you get to the microphone.
Esson: I thought you could hear me.
De Weerd: We could, but -- yeah.
Esson: 4430 Bott Lane. Okay? Michael hit on a thing that --
De Weerd: Okay. Now, restate your name.
Esson: Earl Edward Esson.
De Weerd: Thank you, Earl. Thank you.
Esson: Okay.
De Weerd: Merry Christmas.
Esson: Yeah. Okay. Michael stated on a point that, you know, the road -- and in P&Z we
tried to push for making the road a bit safer. I brought up the point about on Trenton Way
it connects the Fulchers development to the Kingsley's development of having a rotary
there for calming stuff down currently with about eight property owners -- eight residents
we have people who drive up and down that street with a one ton pickup pulling horse
trailers at 35 plus miles an hour. You're going to add 101 homes to the already 147 homes
that are next to me and it is not safe. That calming effect and trying to get people to slow
down is important. The concerns about them running back and forth between Cloverdale
and Eagle -- serious. I have had people do 60 miles an hour on that street and even
filmed them, so the sheriff could try to pick them up for doing dirt Brod ies out on Mike's
property. That's a concern. It should be looked at and not just washed away. Havi ng
that beautiful street come all the way up to my property and stopping -- pretty dumb. Next
thing is drainage. On any of the maps I have seen so far there is no account for the
irrigation drainage that goes underneath Bott Lane. I was in meetings at the end of the
street where I mentioned that and it doesn't show up on any of the maps that have been
shown tonight. Fulchers were down last year and talking with Hayden Homes. When
they decided after about five years, two meetings at P&Z and two at the commissioners
meeting for Ada county, that that was to be maintained, the drainage, and they filled it in
and had to be called to open it back up. Next thing is grading. Okay. I do irrigation. You
can see on that map right here that you have rows of hay. I'd like to see the grading,
make sure that I don't have to worry about people in that neighborhood complaining about
water getting into that. Prior owners, two times back, they -- they graded it way down a
foot and a half, two foot below. I would like to see, because of the problems with five
Meridian City Council Meeting Agenda January 2, 2019 – Page 104 of 576
Meridian City Council
December 18, 2018
Page 43 of 67
years with the building, that before any foundation goes in on the Fulcher's property, that
that six foot privacy fence gets put in, because I'm tired of picking up trash out of my field
before I bale hay and it's been a problem. There is still trash out off of Bott Lane. Last
is, you know, I don't mind stuff being built, but that road needs to be improved , because
right now, ACHD considers the center of that road as the center of the road, not the
property line anymore and there is nothing on the south side, but baseball courts, open
field, antenna and that could be put in right now and make it a lot safer.
De Weerd: Thank you, Earl.
Bernt: Madam Mayor?
De Weerd: Mr. Bernt.
Bernt: Maybe we can get some clarification, maybe, of safety from our wonderful police
department, what their view is on Bott Lane or maybe even clarification from ACHD from
Justin.
Harper: Good evening. The only thing that I can share is that this plan has been reviewed
by Lieutenant Colaianni thoroughly in regards to traffic, as well as a safety in general. In
regards to any specific data that's something we would have to provide at a later time.
De Weerd: Mr. Bernt, did you have questions for --
Bernt: I had a question for Justin. Send a little ACHD love.
De Weerd: Mr. Lucas, Merry Christmas.
Lucas: Madam Mayor, Members of Council, Merry Christmas. Glad to be here. For the
record, my name is Justin Lucas. I represent the Ada County Highway District. My
business address is 3775 Adams Street in Garden City, Idaho. Glad to speak to specific
questions on Bott Lane, but, first off, I would like to guide you to the ACHD staff report, as
I always do, which is the official action of ACHD on this -- on this application. I'm not able
to provide a safety analysis on Bott Lane. It's not something that -- that I'm able to provide
to you tonight. We do look at those types of issues through our staff report and analysis
process and the best information I would be able to provide you would be located in that
report and so I don't know if that -- obviously it doesn't answer your question directly, but
if you have some specific questions or concerns I can do my best to answer those .
Bernt: Maybe -- Madam Mayor, follow up.
De Weerd: Uh-huh.
Bernt: Maybe specifically is that -- in your opinion is that road wide enough to handle the,
you know, traffic that's going to be flying down that road?
Meridian City Council Meeting Agenda January 2, 2019 – Page 105 of 576
Meridian City Council
December 18, 2018
Page 44 of 67
Lucas: Madam Mayor, Members of the Council, as you are aware, you know, these --
these areas of incremental growth, when it's kind of parcel by parcel --
Bernt: Right.
Lucas: -- and you're connecting into existing streets that some of the adjacent properties
had developed, some of them have not developed. This isn't uncommon. This is actually
relatively common frontage improvements are often a topic of discussion in these types
of applications. ACHD is not allowed to require off-site improvements for collector or local
streets, because of our impact fees that we charge. All improvements on local streets
and collector streets are exactions. They are at the developer's expense totally. ACHD
doesn't participate at all on improvements to collector or local streets and because of the
way our structure -- our funding structure is we don't have a clear mechanism to -- at the
time of a specific application -- come in and just say, well, we are going to come in and
finish the rest of that collector street. That is the responsibility of the adjacent property
owners. So, I don't know if that answers your question, but that's just -- that's the -- that's
the reality of these types of streets and the process that we have . It may not be perfect,
but, certainly, as you can see, I think it was these -- these issues were considered by
ACHD staff, the requirement to clean up the shoulder and do the best we can out there is
the -- is the requirement that we can do and that was done basically because the
developer agreed that they would do it and so those are the facts of the situation and
what I can provide you.
Bernt: Thanks, Justin.
De Weerd: Any other questions for Justin while we have him up here? Thank you.
Lucas: Thank you.
Coles: Next on the list is Lisa Esson.
De Weerd: Good evening.
L.Esson: Good evening. My name is Lisa Esson. I live at 4430 East Bott Lane.
De Weerd: Thank you.
L.Esson: Right here. Where the hay is. I would like to -- sorry. I would like to inform the
Meridian City Council Members -- hang on. I can't see. -- what it's like to live on Bott
Lane and what it's been like for the last five years of having development on two sides of
me with the Hayden Homes Subdivision, which is here and here. We are currently zoned
rural southwest and they put in R-8. This area here is slated or proposed as R-8 and the
Marshes also have five acres and they are right in here and over on this side it's slated
as R-4. My house is right here. I'm slated to have ten to 12 homes by my bedroom, by
my pool, by my garden. We have foxes. We have geese. Unfortunately, we have skunks
and badgers, too. But I would like the Council to know that living on my little street for the
Meridian City Council Meeting Agenda January 2, 2019 – Page 106 of 576
Meridian City Council
December 18, 2018
Page 45 of 67
last 28 years as of next month has been a privilege and I really like being able to do what
I do, which is farm work. Have my kids over and I would like to make sure that adherence
to local and state laws and transparency in what it is that happens and tonight is the first
time I have seen what the proposed collector street would look like and it looks like it's
taken about 20 feet of my front yard, which really doesn't make me very happy. It is a
dead-end road and I drive either north or south to get onto Cloverdale and I usually go
south, because there are up to a half to one mile of traffic wait anywhere from 7:00 to
9:00 o'clock in the morning to get out onto Cloverdale and there are going to be people
that are going to be cutting through Bott Lane to get to Eagle and back and forth and I'm
worried about the speed that people will be driving on that road. How much more time
do I have? Forty-nine seconds. All right. We have concerns about our irrigation because
where that road will be interrupts my irrigation that will have to be moved as well. I'm
concerned about construction etiquette. Trash. Property damage. We have had property
damage. We have had trespassing. We would like to be able to be informed when utilities
and other things are going to be happening -- happening that concern our property.
Nobody has approached us. No one has discussed this with us. And I would like to be
able to have something happen where we get a say, rather than have things taken away.
Thank you for your time.
De Weerd: Thank you.
Cavener: Madam Mayor?
De Weerd: Lisa.
Cavener: Lisa, would you mind a question. Thanks for your testimony. It sounds like you
have not had a great previous experience and --
L.Esson: Not at all.
Cavener: -- and I appreciate you sharing that with us. If I'm -- if I'm hearing you correctly,
it's not necessarily that you're opposed to the development, you just want to make sure
that it's done appropriately without negatively impacting your current use; is that correct?
L.Esson: That is correct. And I would also like to have it considered that there is a
transition in terms of having two rural agricultural use areas on either side of an R-8 and
on the other side where there is already development, that that's R-4. It's -- it wasn't
considered with Ada County, they just said, nope, we are going to put in R-8 right next to
you and it would be really nice to have less neighbors on larger lots that don't have their
dogs and their barbecues right in my bedroom. I really like geese a lot better. Thanks .
Cavener: Thank you. I appreciate it.
De Weerd: Thank you.
Coles: Jennifer Marsh next.
Meridian City Council Meeting Agenda January 2, 2019 – Page 107 of 576
Meridian City Council
December 18, 2018
Page 46 of 67
Marsh: Good evening.
De Weerd: Good evening.
Marsh: I'm Jennifer Marsh and I live on 4270 Bott.
De Weerd: Thank you.
Marsh: See if I can zoom in here a little bit . We are the property that goes along the
canal road here and the Fulchers are to the right of us and the Essons are right here. My
main concern was the safety, having a buffer -- normally ACHD had the right of way, but
took half of our house away -- or a third of it and they have been working with us to put a
buffer -- to put some sort of barrier. The concern with that is we want to be kept in the
loop. We want to make sure we have, you know, sprinklers and all in our front yard, that
they are not encroaching on our front yard. There is power lines overhead. Our Catalpa
tree gets butchered every other year and if they are putting trees there, just what the
overhead power lines are going to, you know, add to the complication there. And , then,
we also wanted to make sure that the drainage is not coming down into our front yard ,
into our driveway, and they have given me this picture. So, that's the one I'm referring to.
And we appreciate them doing a buffer, because you have people are coming -- flying
over that bridge. We don't want them coming into our son's bedroom. One other thing
that we were working on is to have the ACHD right of way deeded back to us. We weren't
aware of it. It was back -- done back in '85. We were not told and we refinanced twice
and it did not come up in our title insurance or anything and, then, I am one of the horse
trailer people. We drive down Bott Lane and right now it's going to be a bottleneck in front
of the Essons and, then, where they improve it in front of the new subdivision, then, it
turns into a bottleneck by the softball fields there. Originally I had to call the Cloverdale
Church of God, because the softball people were parking on both sides. Kids were
running out in a horse trailer -- they would be running out and you couldn't even see them
coming and they have stopped parking on there, but it's still not wide enough for a horse
trailer, so you're going to have a bottleneck -- a little bit more room, a bottleneck, and,
then, people flying in front of our house. So, I think the horse is before the -- or the cart
is before the horse in this case of making this a collector street and making it safe. I'm
concerned. I have cats. You know, there goes my cats. Thinking all them -- they have
stayed off of Cloverdale thus far, but just little things like that that we have enjoyed having
only seven or eight neighbors. You know, it was a dead-end street and not having that
and we did originally -- whenever Kingsbridge was put in we did have people cutting
through the canal road and we had to call the cops on them , because they were flying
and I thought they were literally going to fly off on the berm and roll into our house. So,
high school kids, I have them, and once in a while they do -- are obnoxious and speed
and all, but that's what I'm worried about mostly and the safety of that.
De Weerd: Thank you. Council, any questions? Thank you, Jennifer.
Marsh: Thank you.
Meridian City Council Meeting Agenda January 2, 2019 – Page 108 of 576
Meridian City Council
December 18, 2018
Page 47 of 67
Coles: And Jared Marsh next.
De Weerd: Good evening.
J.Marsh: Good evening. Jared Marsh. Residing at 4270 East Bott Lane. I guess my
first concern was related to the public notice of this event tonight . The signage I saw
driving through all neighbors that had homes within 300 feet, I only saw one sign and it
was well within the proposed boundary of the development sitting on the Kingsley 's
property right about here. So, no notice was present in any of the Hayden Homes
Subdivision or Zaldia, nor any of the Shelburne houses that are already going in. So, I
really question whether we have got -- met the legal requirement, minimum as they are,
for notification of neighbors. However, that aside, I am definitely concerned with the
density proposed. I feel, one, it's inconsistent with the existing subdivision they have
already put in. Why R-4 on one side of the canal and, then, magically switching to R-8
on the other, bordered by two five acre properties. I think as I brought that concern up in
the Planning and Zoning meetings, they kept referring to a master plan. I guess what I
would say to that is I have lived in this area for 15 years under the master plan and it's
not working. Schools are overcrowded . Traffic is miserable. You have heard time and
time again that infrastructure is not in place to support this density and, yeah, kids are
dealing with class sizes that are out of control. I notice your grandson's probably in that
same mix. Lacking a designation of R-4 -- I'm not anti-development. In fact, I think this
developer has been one of the better ones to work with. So , I don't want to give the
impression that I feel development is evil, but I do want to see some sort of transition and
12 homes abutting a five acre plot is not a transition. So, at minimum, I would like to see
that several of the proposed lots -- and I don't know if I can bring that slide up, but there
was one proposed shotgun style lot right up against Bott Lane there that I would like to
see removed from the building plan and, in addition, the orchard area there is two homes
directly right here. I would propose that those lots can be at least merged , so there is
better transition between our acreage. I also have concern about this pathway. I think
it's a great idea, but this is private property back here and we already have all kinds of
trespassing occurring, people walking dogs, disposing of dog waste in our yard and so I
would like to see some sort of gate or something to indicate that the walkway ends there
and the following area is private property. I guess three minutes is not going to be enough,
but, yeah, I just don't think this is consistent with the subdivision that's proposed. The lots
that they have -- or the conceptual home plans I don't even think will fit on the size lots
that they are proposing in this R-8 area. So, I would really like to see what the conceptual
homes look like on these smaller R-8 lots. Keep it consistent. Keep it rational. Preserve
our peace, security, safety and serenity. That's what I ask.
De Weerd: Thank you.
Coles: That was all the sign-ups, Madam Mayor.
De Weerd: This is a public hearing. Is there anyone who would like to provide testimony?
Meridian City Council Meeting Agenda January 2, 2019 – Page 109 of 576
Meridian City Council
December 18, 2018
Page 48 of 67
LaFever: My name is Denise LaFever. 6706 North -- Meridian. I know. Getting tired, I
can tell, but, anyhow, I have one question and my question is kind of weird. It's not for
any of these, it's for Mayor Tammy and the Council. If I understood Justin correctly, he's
saying that they aren't going to pay to improve that road. They are relying on the
developer to do it. So, if we strike that out of the development agreement -- I'm a taxpayer,
am I going to be asked to be footing the bill? That's what I want to know. Who is going
to pay for improving that road. Will it be put -- shifted to the taxpayers.
De Weerd: Typically collectors are built by development and I think that Justin had
mentioned that. So, no, the -- the taxpayer does not build those roads, which is probably
the contention right now.
LaFever: That's my -- that is my concern. If you strike that and it goes to Cloverdale,
they have the impact, they are causing the impact from development, so if you strike it
and it has to be done and ACHD isn't going to do it, somebody's got to do it and I don't
want to pay for it as a taxpayer.
De Weerd: Thank you. Justin, I would have a follow-up question for you. I -- if you will
state your name for the record.
Lucas: Thank you, Madam Mayor. Just for the record Justin Lucas representing the Ada
County Highway District, 3775 Adams Street, Garden City, Idaho.
De Weerd: Thank you. So, on -- from Cloverdale in to where this proposed development
is, I noticed that neither churches improved the -- the road. Why was that?
Lucas: So, if we can bring up that aerial --
De Weerd: And I guess just a follow-up question to that is if collectors are put in from
development, did you miss your opportunity to -- to make that connection?
Lucas: So, Madam Mayor, Members of the Council, in certain situations, such as this
one, specifically with the Cloverdale Church of God as it is detailed there on the screen,
that church was built a long time ago and requirements have changed over time,
especially for projects that were developed in the county. That church was there before
most everything else you can see on the screen probably. It's been there a really long
time. And back then in the county certain developments were allowed and neither the
county nor ACHD required improvements at that time and so what ACHD does in these
situations is we have a program, we call it our community programs, where we will go and
rectify these situations based on the requests of the city through our annual integrated
five year work plan prioritization. Also at times through an adjacent project like the
widening of Cloverdale Road we will look at intersection improvements at Cloverdale and
Bott Lane and we may be able to widen back into that area at that time. I'm not saying
that's going to happen with Cloverdale Road, I'm saying that's another mechanism we
have to rectify those situations. But ultimately -- the other way it happens is the -- and
this has happened actually many times -- these properties redevelop. The -- the church
Meridian City Council Meeting Agenda January 2, 2019 – Page 110 of 576
Meridian City Council
December 18, 2018
Page 49 of 67
properties and other properties, other uses that were developed a long time ago in the
county, maybe the -- the church itself stays, but they want to redevelop a portion of their
property and through that process you and A CHD have the ability to require those
improvements. So, I don't know if that's an exact answer to your question. There are
multiple mechanisms we have to rectify this situation, none of which, to be clear, are
attached specifically to this project.
De Weerd: Well -- and none of which Meridian has influence on. Some of this you
mentioned is to be improved through perhaps community programs and it is requested
by the city. That's in Boise. And, actually, that is in unincorporated Ada county.
Lucas: Correct.
De Weerd: So, who is going to make that request?
Lucas: The county has the same request process that you have. So, does the city of
Boise. And this falls, as you duly noted, within their impact area and the citizens also
have the ability to request these types of projects directly to ACHD and that happens on
occasion where we will go out and make an improvement on an older local or collector
street and add pedestrian facilities that are not currently there through that community
program's process. But that program has limited funding. So, a lot of competition and
needs all over the county for those types of resources. But they are available and we can
work with the adjacent property owners to make that happen.
De Weerd: So, basically, I think development is not going to improve this road as it sits
today. So, now I have a greater understanding of perhaps what the Planning and Zoning
Commission was -- was contemplating here.
Lucas: Well, Madam Mayor, Members of the Council, yeah, it depends on how you define
development or redevelopment or the timing of these improvements. Certainly those
issues are complex and things don't always happen like dominoes.
De Weerd: Exactly. But if you're going to put that many homes and -- and people out
there, public safety is one of the largest concerns that we have and that does -- that does
have some concerns.
Lucas: At your discretion.
De Weerd: Yeah. Thank you.
Lucas: Thank you.
De Weerd: Any further testimony? Yes, sir. Good evening. If you will, please, state your
name and address for the record.
Meridian City Council Meeting Agenda January 2, 2019 – Page 111 of 576
Meridian City Council
December 18, 2018
Page 50 of 67
Fulcher: My name is Jeff Fulcher. I own the property at 4330 East Bott Lane, which is
this piece right here. And primarily I just wanted to wish you a Merry Christmas, Madam
Mayor.
De Weerd: Thank you. Merry Christmas.
Fulcher: Members of the Council. I think this is going to be a great development. I'm in
favor of it. The only thing I want to comment on is we have owned this property for, oh, I
don't know, six years or so and sitting right down here at the Church of God is almost
always an Idaho State Police officer. A lot. Often. I think they have some type of satellite
agreement with the Cloverfield Church of God and for so mebody to be speeding down
Bott Lane would be hazardous to their -- their -- their driving record I suspect, because if
there isn't one here, there is two or three or four and it's night and day and, in fact, I got
pulled over on a tractor one time by the Idaho State Police and so --
De Weerd: Were you speeding?
Fulcher: Yes. I was going a little too fast. I don't know. But, anyways, I just want to
comment on that and point that out. But that's all that I had to say. Thank you.
De Weerd: Okay. Thank you. Any further testimony? You -- you cannot testify from your
seat. If you will restate your name.
Esson: Earl Esson.
De Weerd: Thank you.
Esson: Okay. The map you have up right now from the Kingsley house and the bridge
and the irrigation canal all the way to Cloverdale there is not one house that is currently
impacted, except for the old Kingsley log cabin. Okay? Right now is the prime opportunity
to come through where there are no homes, there are no underground utilities, there are
no underground piping for irrigation, there are no power poles, you could go straight on
down and it's not going to affect the baseball diamond area that the church owns . It's
prime time to do this and to not do it now or plan on having it done with all the traff ic that's
going up and down there without mitigating with a traffic rotary circle at Trenton -- people
go fast. Okay? Russ pointed out that when they come by the church they are not
speeding. Well, I don't know if you have ever taken a turn, but normally you're not going
more than 25 miles an hour. By the time they go 600 foot they are at about 35 to 40 miles.
Okay? It's prime time. All that area is wide open.
De Weerd: Thank you. Would the applicant want to wrap this up.
Nelson: Thank you, Madam Mayor, Members of the Council.
De Weerd: If you will restate your name for the record.
Meridian City Council Meeting Agenda January 2, 2019 – Page 112 of 576
Meridian City Council
December 18, 2018
Page 51 of 67
Nelson: Deborah Nelson with Givens Pursley on behalf of the applicant. I will just
respond to comments I guess in the order they came in from from Mrs. Karnes and talk
about transition to rural lots that we are at the minimum density that's really allowed under
your comp plan for this area at 3.1 and the range is three to eight. So, in there the larger
lots are concentrated on the outside of the development. Concerns with traffic on Bott
Lane -- and the developer is actually offering a great opportunity for the city in the area to
provide the connectivity that doesn't exist right now and with connectivity there does
introduce more trips, but it creates the pattern that you need as the city develops into this
area and the alignment has been specifically designed with traffic slowing in mind . You
see some of the curves that happen there and ACHD thought about that when they
approved that design for safety. There was a comment about, you know, wanting the
road to be wide enough to accommodate bike lanes and we will have bike lanes, because
it is a collector road, as well as detached sidewalks. A concern from Mr. Esson about
drainage. All of our drainage on site will be kept and retained on site as required and
handled in our common areas. Concern about -- from Mrs. Marsh about wanting some
communication as we come in with the landscape barrier. The developer is very happy
to do that. When there is -- they review the construction plans they will contact her and
also at the time just right before pre-construction. So, they are -- they are very happy to
be in pretty constant communication and coordination with them about that and also they
have committed to help them with a vacation, which they have continued to raise as a
concern and we are happy to help them through that process. Mr. Marsh raised a concern
about a -- one sign on Kingsley was the only sign he noticed. There were two signs as
required on Bott and Peaceful Pond with the proof of posting sent into the city. Again,
additional comments about transition and, you know, just reminding the city that we really
are in -- in compliance with your Comprehensive Plan that you have already determined
for this area. If the irrigation district would allow it, we would be happy to see about a
gate. I think that's a point that an irrigation district is going to allow you to gate off that
irrigation road that runs along the Ten Mile feeder, but we are open to that if -- if they
would allow it. That landscape screen that's in front of the Marsh property I think will
maybe help some -- address some of their concerns about people continuing to use that,
but we -- certainly we believe it is important to provide that pathway along the Ten Mile
feeder that we are providing. You know, several comments about, I guess, getting to the
issue of paying your fair share. I do just want to remind -- you know, as Mr. Lucas pointed
out with ACHD, you know, we are paying impact fees for all of our off-site improvements.
That's -- that's how ACHD does have developments address their -- their off-site impacts
and that's through the payment of impact fees, which we are paying. We are also building
over 2,500 feet of collector roadways within this small development, which is significant.
From a development standpoint, remember, they get no benefit out of that, because you
can't put front-on driveways onto a collector. So, it's just improvements for the
surrounding area's connectivity and so they are -- they are contributing quite a bit in that
way. You know, Mr. Esson commented in his second time here about the opportunities
along Bott Lane. That openness will still be there when those properties go to develop
and that opportunity will exist. What isn't there right now is -- is right of way south of
where that existing pavement goes right up against that edge and while he noticed there
is maybe no underground utilities, there are above ground utilities, including a power pole
kind of right at the corner there of Cloverdale and Bott that creates problems there. So,
Meridian City Council Meeting Agenda January 2, 2019 – Page 113 of 576
Meridian City Council
December 18, 2018
Page 52 of 67
for all the reasons that I tried to highlight earlier, you know, feasibility problems with the
right of way, the road is not designed off drainage, no ability to capture that and the cost,
you know, prohibition, we still ask you to remove that condition. I think that's all I have for
you. Did I miss anything? Okay. Questions?
Bernt: Madam Mayor?
De Weerd: Mr. Bernt.
Bernt: I don't remember who voiced concern about the fence. Okay. There you go. A
couple people did. And can you address concern about the fence, please?
Nelson: Madam Mayor, Council Member Bernt, thank you for asking that. I missed that.
Yes, we are perfectly happy to fence the Fulcher property as was requested. That is part
of the plan. So, there was a concern about that privacy fence going in there by -- the
Essons raised that, that they wanted that fence separating from their hay field and the
Fulcher property and that will be done.
Bernt: How about the Marshes?
Nelson: The Marshes is where we have proposed the larger landscaping agreement in
the -- in the front of their property. We have got the rocks and the landscaping that's
proposed. As far as the request to reduce lots around their property, that's not something
that we can agree to. Yes, we are also going to fence the west side of the Fulcher
property, which is the one that would be adjacent to the Marshes there. Did we capture
your questions?
Bernt: Yes, I -- I am just -- the Marshes, the other property, the Fulchers, and so I'm just
trying to put in my mind where -- you have multiple property owners with multiple property
lines and so I'm just sort of trying to picture in my mind where these fences are going, so
-- multiple people wanting fences.
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: Sorry, Mr. Bernt, I don't know if you were done with your questions. I apologize.
Bernt: Go ahead, Mr. --
Cavener: And maybe to -- I think what Council Member Bernt is trying to conceptualize,
if you could pull up your -- your site plan and your map and maybe use a little light pen
and kind of make sure you can show us where the fencing would occur. The -- the layout
of this development with that kind of in -fill piece that's not developed it makes it hard to
kind of follow the bouncing ball as to where -- who owns what and I know that all of you
Meridian City Council Meeting Agenda January 2, 2019 – Page 114 of 576
Meridian City Council
December 18, 2018
Page 53 of 67
in the audience are kind of well aware of your property boundaries, but for us it would be
a little more helpful if we could see exactly what you're speaking about, if you don't mind.
Nelson: Madam Mayor, Council Member Cavener, the entire perimeter of the property
will have privacy fences, which would, then, extend all along the Marsh's property here
and that would also cover the back of the Fulchers that would go along -- Sonya, you may
need to help us eliminate -- there we go. Do we have one that has the aerial? Here, this
is better. So, the entire perimeter of the property goes over on here and also along the
perimeter of the Marshes where we have adjacent.
Cavener: Great.
Nelson: Should be this side. Anything else for -- okay.
Cavener: Great. Thank you both. I appreciate that.
Nelson: Very welcome. Any other questions?
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: Deb, should this get approved what's your development timeline? How -- how
quickly do you anticipate beginning construction?
Nelson: Madam Mayor, Members of the Council, Council Member Cavener, this spring.
So, right away.
Cavener: Madam Mayor? And I guess where I'm getting to -- and I'm sure there will be
comments later. There is a lot of elements of this application that I really like and I think
it's a -- is an exceptional neighborhood for our community. My largest sticking point and
where I'm trying to -- hopefully maybe you could help me understand -- the elementary,
middle and high school that this neighborhood is going to support is severely overcrowded
and, again, there is -- there is no magic wand to solve that, but how -- help me understand
how I can articulate to our citizens that despite this being a really great neighborhood for
our community, the negative impact it's going to have in our schools. I'm hoping you can
give me some insight as to how that's going to positively impact their students when they
won't ever get any benefit of this amazing neighborhood.
Nelson: Madam Mayor, Members of the Council, Council Member Cavener, when
anytime development comes in you're adding new students into schools; right? I mean
that -- that is the nature of building out your city. Your Comprehensive Plan has called for
there to be this and greater density in this area and so that plan is already in place and
set those forces in motion to bring in more students into your school district and as that
occurs, in accordance with your own planning efforts, those properties, then, pay tax
dollars that go into the system. Schools have to make new plans, sometimes in a larger
Meridian City Council Meeting Agenda January 2, 2019 – Page 115 of 576
Meridian City Council
December 18, 2018
Page 54 of 67
scale that involves redistricting or building new facilities, sometimes that involves bonds
for new capital improvements -- I mean there is all kinds of ways that school districts build
out in response to development. In the grand scheme of things in your city this is a pretty
small development with a fairly small addition. It doesn't mean that it doesn't create its
own incremental impact on your schools, but that is just part of a growing city and the
accommodation that schools have to make.
Cavener: I appreciate your feedback. Thank you.
De Weerd: Any other questions for the applicant?
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: One quick clarification. That -- that southern boundary fence line -- or the
easement, excuse me. Where the 15 foot easement is proposed, is that easement
located within the fence line on the private property line ? I got confused on --
Nelson: Madam Mayor, Council Member Borton, I think I confused you on that, because
Shon had to correct what I said about that . The fence line will be on the outside of the
easement around the property line.
Borton: So, Madam Mayor?
Nelson: Is that --
Borton: Yeah. That -- that clarifies it. It just -- trying to get some comfort with how a
property owner handles that long term if their fence is -- or landscaping, whatever they
put back there, they probably will -- can get torn out and, then, it's the homeowner's cost
to replace their fence that gets torn out. It's just a -- I get why you -- I get why the request
and there is pros and cons to both ways, but that's a tricky one. I don't know how you
avoid that problem.
Nelson: Madam Mayor, Council Member Borton, if it would be helpful to address that
comment in those -- the concerns that were raised by Council Member Milam, in addition
to what's in the CC&Rs that designate that and put -- you know, put forth the restrictions,
we could also add an additional disclosure. Now, I mean sometimes that's helpful or
sometimes it's not, it's another thing to look at, but if it's separate from, you know, CC&Rs
where it might be buried, we would be happy to for those lots include an additional
disclosure at closing that they see the restrictions that apply on their lot , if that would be
helpful we could do that.
Borton: Madam Mayor. It certainly couldn't hurt. I know you're kind of in a pinch trying
to figure out -- that's a tough one, but at least the additional measures to disclose it to
Meridian City Council Meeting Agenda January 2, 2019 – Page 116 of 576
Meridian City Council
December 18, 2018
Page 55 of 67
people, you know, go into it with their eyes wide open, if that could occur that's helpful.
I'm not sure what else you could do, quite frankly.
De Weerd: Other questions?
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: One more. One of the things that I really like about this application is how the
amenities are spread out throughout the neighborhood. I hope development takes cues
from what you guys are doing and we see more of that. In regards to the amenities being
done, I assume the amenities in each phase will be built as each phase is being built out
or do they all come in with one phase or -- after a certain tipping point?
Nelson: Madam Mayor, Council Member Cavener, that is correct.
De Weerd: There is a lot good about this application. My concern matches the -- the
neighbors and once you build the bridge, the exit out to Cloverdale is going to be a
problem with a lot of cars going that way. I don't know if Ada County Highway District is
-- we have done a number of public-private partnerships in the City of Meridian to get
roads done and developers paid back through impact fees, the impact fees that they
collect on their building permits and those in that area. Is that something that -- I don't
know if ACHD would do it, but is that something that you could do some road
improvements with a pay -- a reimbursable agreement?
Nelson: Madam Mayor, Members of the Council, in some situations and some
developments we have gone -- gone into agreements with ACHD to make improvements
and been reimbursed by credits through impact fees, but it requires it to be, you know, a
priority enough improvement for ACHD based on trip counts and other funding allocation
that they have put it in their capital improvements plan and so it's eligible for credits. You
know, here there -- this wasn't a road that ACHD had planned to improve anytime soon,
nor did they believe that the trips from this development were going to put it in a point
where it needed to be. That's not to say that it doesn't ultimately have to be improved
and -- and they believe that that would happen incrementally as the properties around
them develop and each of them provide their -- their frontage and our impact fees will be
in their coffers for them to use as they do allocate roadway improvements, but , no, that
wasn't -- that wasn't an option here for us.
De Weerd: So, the bridge is a blessing and a curse.
Nelson: Right.
De Weerd: And major collectors do generate traffic that are trying to travel through that
square mile. So, it is setting up a potential safety concern for sure.
Meridian City Council Meeting Agenda January 2, 2019 – Page 117 of 576
Meridian City Council
December 18, 2018
Page 56 of 67
Nelson: Understand.
De Weerd: Anything further from Council? Thank you.
Nelson: Thank you. I'm sorry, the comment is over, unless Council would like to hear
additional --
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: Sorry, I was kind of mumbling to myself. We have allowed this individual to
speak already an additional time. If he feels there is something that is credibly pressing
that needs to be corrected on the record, I'm supportive of that, as long as the testimony
is focused on that specific item and again, letting the public know that the applicant will
have one last additional time to be the last one to speak. I'm always supportive -- the
public's here, if they want to testify, as long as it's very narrowly focused.
De Weerd: You wanted to correct something for the record?
Esson: Earl Edward Esson. Bott Lane. Can you bring up the aerial photo? She was
stating that I was worried about drainage and that no drainage would come into our
property. I'm talking about irrigation and wastewater ditches. Okay? State law. So, if
you notice this big field here, if you take and move it forward here you have almost 15
acres of irrigatable land all along the western property boundary of that and , then,
underneath the street right here and all the way out to the other subdivision is wastewater
drainage. That is not on the map that has been addressed in the little meetings we have
had on the street and that needs to be maintain ed. That is a right of way that's granted
to us as farmers and users of water with state law. Not that water was going to drain off
their property. Thank you.
De Weerd: Thank you for the clarification. Any comments from the developer?
Nelson: Very quickly. Deborah Nelson. Thank you, Madam Mayor. If there is concerns
with irrigation runoff we will address that with our final construction plans and -- as best
that we can and are required to. I'm not specifically aware of the concern he's addressing,
other than if it's part of our development we will address it with our construction plans.
De Weerd: And it is a requirement through the Right To Farm Act that you maintain those.
Nelson: We will comply with all of those laws.
De Weerd: Okay.
Nelson: Anything else, Madam Mayor?
Meridian City Council Meeting Agenda January 2, 2019 – Page 118 of 576
Meridian City Council
December 18, 2018
Page 57 of 67
De Weerd: No.
Nelson: Thank you.
De Weerd: Okay. Council?
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: I would move that we close the public hearing on H -2018-0112.
Milam: 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: FOUR AYES. TWO ABSENT.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: Just to start some discussion, for what it's worth. On -- on -- I think it's -- I think
it's a great project. I think it's consistent with -- with what has been planned for the area.
There is just unique challenges on the border here and probably elsewhere in the city that
we are going to have to confront. On the -- some of the main issues that were discussed
and perhaps not necessarily resolved, the easement -- 15 foot easement on that southern
border being located within the private property, I understand why it's there. I appreciate
the applicant's commitment to add additional disclosures within the CC&Rs to try and
inform property owners of that risk at least so they understand their -- their rights and
issues with that fence. With regards to the off-site improvements, the 1.1G, I understand
the intent, but I also understand what -- what may be the proper role of government. We
-- we have applicants build, you know, the to and through and design these things for --
in this case a collector usage far beyond the technical requirement's demand created by
the development itself and there is good reason for that and policy for that, but we are
aware of that, so to add additional off-site improvements, even if -- even if you could, I'm
not certain that's necessarily the appropriate role. I don't think that's t he role here. We
have adjacent development -- this happens all the time in our city where adjacent
development isn't built out. It comes, but it doesn't always come in the right order and the
order we would prefer. It's complicated a bit because we don't control the property -- if
it's not within the city or our area of impact to the east. So, it does complicate it here, but
I don't think this application needs to carry the burden, nor is it appropriate for us to ask
them to do so, even though the intentions are good in -- in trying to have them expand it.
So, I'm fine with the 1.1G being removed if the ACHD condition, which I think I saw in their
staff report, speaks to that commitment that they had made to maintain at least the gravel
Meridian City Council Meeting Agenda January 2, 2019 – Page 119 of 576
Meridian City Council
December 18, 2018
Page 58 of 67
shoulders within the right of way, I think that's an appropriate scope for that and the
applicant's agreed to do so. I think going any further is too much. If there was ever an
opportunity for the applicant to encourage Ada county to apply this on behalf of this
community program, to assist, to rectify the problem on Bott Lane, by all means, that
would be helpful. Just looking through the -- just initial thoughts on some of the conditions
of approval that were in discussion. I agree with Councilman Cavener that dispersing of
the open -- or the amenities is a great -- great to see. There is a lot of positive with this
application, so I'm supportive of it with those comments on those couple of conditions .
De Weerd: Okay. Mr. Cavener.
Cavener: I tend to agree with Council Member Borton. And, again, I think it would be
another night of firsts if we required improvements on a road in a jurisdiction that doesn't
belong to us. It would be kind of weird. I don't know how we would get away with that.
So, I am -- I am supportive of removing that condition as well. The part that does give me
pause, in addition to my concerns about the impact on our schools -- and I appreciate Ms.
Nelson for sharing her perspective and I don't disagree. I believe Mountain View is the
most overcrowded school -- high school in the district, maybe the state, and we are going
to add additional students there, that -- that does cause me pause. In addition, the
potential for Bott Lane to become -- you know, I believe one of the members of the public
provided some testimony -- I think it's about Woodbridge and I know Council Member
Bernt can attest to what that's like in his neighborhood and I have seen that firsthand, the
amount of cut-through traffic at high speed that takes advantage of that. So, perhaps this
could be an opportunity to address some form of traffic calming . It sounds like our fine
state troopers are doing a good job at Cloverdale, but perhaps maybe something else
along Bott Lane to address what inevitably will be an increased traffic to that particular
area and, Madam Mayor, I think you put it best, there is -- there is a lot of really great
things with this application. You know, we heard some testimony about concern about
transition. Quite frankly, I think this is great transition. I think this is a neighborhood
anybody would be proud to live in and proud to have , you know, connected to their
neighborhood. So, I think, more or less, I'm supportive. We can find some opportunities
to address maybe some of the traffic issues that this application will potentially bring . I
think it looks really good.
Bernt: Madam Mayor?
De Weerd: Mr. Bernt.
Bernt: I appreciate the applicant. They did a great job presenting their application.
Thankful for the residents who came and expressed their concern. I always appreciate
your point of view. Sometimes living amongst or nearby proposed development, you
know, you have first-hand knowledge of what will come and -- and the potential problems
and also advantages that may come with it as well. So , I appreciate -- appreciate the
testimony. I do live in Woodbridge. I say it a lot. You all know. And the only -- and I have
the same issue with this -- with this development is that that connector road -- that
collector road on Bott Lane is going to turn into a -- I just -- in my opinion, it's just not going
Meridian City Council Meeting Agenda January 2, 2019 – Page 120 of 576
Meridian City Council
December 18, 2018
Page 59 of 67
to be safe. I don't know if it's -- there is going to be some traffic issues there and,
unfortunately, the process that we have to deal with, you know, roads in our -- in our city
-- in our -- in our county is just -- it's just -- it's -- this is backwards to me. It keeps me up
at night. I don't understand it. I don't -- it doesn't make any sense to me at all why we
can't widen this road when we have the opportunity to do it. I know that Justin came up
and explained why we don't do it and I know that he's the guy here representing ACHD
and he gets the dart sometimes. I get the process, but I don't agree with the process. I
think the process is absolutely backwards. This is a perfect opportunity to fix this road ,
because this road is going to be a problem. I guarantee it. It's going to be an issue. And
it's -- and that's -- just the -- the subdivision -- the proposed application is great. I literally
have no issues with it. It's beautiful. It's going to be a great subdivision . People are
going there. It's going to be fantastic. But that road is going to be a mess and it puts us
in an awkward position, you know, but what do we do ? Do we say no to a great application
just be -- and if we say no to that application, then, there will never be any development
on that -- in that entire area, because development brings infrastructure. I'm telling you,
ACHD, if you're listening, this process is backwards. Please fix it. Because you're putting
us in a bad position. This is not right. It's awkward for me to even be saying this, but it's
true. I don't like it. I don't -- I don't like looking at these guys right now and explaining to
them that -- it just -- it stresses me out. So, those are my concerns.
De Weerd: Any further comments?
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: I guess, yeah, pretty much as echoing what everybody else said for the most part,
this is a great -- this is a great project. I love the amenities. The open space. The fact
that the amenities aren't just like in one place on the far end somewhere. They are spread
out throughout the development. So, I really appreciate the thought that went into that.
The neighbors are right. The road needs done. That's not your responsibility. It's -- it's
-- it does come with the development. There is -- we don't have any jurisdiction over
roads; right? So, we can't -- we can't develop that road for you, as much as all of us
sitting up here would love to just go -- this is going to happen, you know, before this
development comes in there is nothing we could do and that's really hard. But what Justin
mentioned was that you can -- they have a program for the neighbors to get it done. So,
you need to be in touch with ACHD, get that program to get on the list and start working
with them to get that road improved prior to that -- the entire street being built out, unless
all of you are planning on developing your property in the next couple of years.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: I will make a motion and see where it goes. I'm going to move that we approve
H-2018-0012 -- after consideration of staff, applicant, and public testimony and that
Meridian City Council Meeting Agenda January 2, 2019 – Page 121 of 576
Meridian City Council
December 18, 2018
Page 60 of 67
approval to be as presented with the conditions of approval in the staff report of December
18th, 2018, and that approval to include the -- the comments and commitments of the
applicant in today's hearing and to allow the removal of proposed condition 1.1 G
concerning off-site improvements in light of the discussion of Council today and it would
-- I believe the condition already is set that allows for the placement of the easement upon
the private property to include that -- I can't find the easement -- or, excuse me, I can't
find a condition number, but the approval of the easement to be located on the build ing
lots, rather than on a common lot. It looks like it's condition 1.2A perhaps. Permit that to
occur as well.
Milam: Second.
De Weerd: Okay. I have a motion to approve and a second by Mrs. Milam.
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: In Mr. Borton's eloquent motion -- I don't want to take anything away from that
-- I didn't hear anything related to any potential traffic calming measures along Bott Lane.
I don't know if that was intended, unintended --
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: It was -- the omission was intended. There was no additional condition with
regards to traffic calming and part of that being, Madam Mayor, is you have got kind of
back and forth and you have got a relatively narrow road with -- with gravel shoulders and
narrow roads. Oftentimes they are utilized to calm traffic and keep things slower. To ask
for Bott Lane to be improved and, then, narrowed or calmed in a manner seems a bit
inconsistent. So, its -- its current condition, quite frankly, might be a form of traffic calming.
De Weerd: Okay. Any further questions, discussion?
Cavener: Madam Mayor, just a comment then.
De Weerd: Mr. Cavener.
Cavener: Appreciate the motion. Appreciate the second. We will see where it goes. I'm
very supportive of the application, but I'm going to be voting against this motion. I do think
that there is an opportunity, whether it's a -- again, I'm going to use the term a speed
pillow or something along those lines, either near or adjacent to the neighborhood, to slow
that traffic down. I think it's the best mechanism I think that we have to address what I
heard was the concerns of the residents as to what this road will inevitably become.
Meridian City Council Meeting Agenda January 2, 2019 – Page 122 of 576
Meridian City Council
December 18, 2018
Page 61 of 67
Milam: I agree.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: Discussion continues. So, what -- what is an example of an additional condition
that would try to capture that? Because I don't think that was really flushed out, so I'm
not certain what that might entail. I get the intent and it makes -- the intent makes sense,
but I don't know what you have in mind.
De Weerd: Well, beings how we are not traffic engineers, this could always be continued
and let the applicant solve that question, rather than up here. So, if that is an option, you
can reopen the public hearing for that one specific item.
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: Couldn't we just approve it and, then, add into the motion that they will put in some
form of traffic calming measures and, then, they can figure out what the best way --
whether them and ACHD can figure out what that best solution would be , since, really,
that's not our jurisdiction anyway.
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: Continuing conversation. I am more supportive of having the applicant engage
with ACHD as to a recommended remedy to the concern, as opposed to continuing it to
allow that same conversation to occur. There again, there is a motion on the table, I don't
want to take away from that, but I'm much more supportive of that.
De Weerd: Mr. Borton --
Borton: Madam --
De Weerd: -- anything you want to add?
Borton: Well, Madam Mayor, this discussion, while plotting at times, is helpful and I
understand what you're trying to capture and it makes -- certainly makes sense, the intent.
So, I would, to address that concern as well, be glad to amend the motion to include a
condition that asked -- or requires the applicant to work with ACHD to implement some
form of appropriate traffic calming on Bott Lane to also capture and address the concerns
of the citizens.
Meridian City Council Meeting Agenda January 2, 2019 – Page 123 of 576
Meridian City Council
December 18, 2018
Page 62 of 67
Milam: Madam Mayor?
De Weerd: Would second agree?
Milam: Second agrees. I just want to clarify that -- when you say on Bott Lane, you don't
mean like all the way down Bott Lane -- I mean they really are in charge of their section
of Bott Lane.
Borton: Madam Mayor? East of the bridge is the -- where we are talking.
De Weerd: Okay. The original motion has been amended to include the traffic calming.
Any further discussion? Mr. Clerk, will you call roll.
Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, absent; Little Roberts, absent;
Bernt, nay.
De Weerd: The ayes have it.
MOTION CARRIED: THREE AYES. ONE NAY. TWO ABSENT.
F. Public Hearing for Buyrite LLC Apartments (H-2018-0096) by
neUdesign Architecture, LLC, Located at at the NW corner of W.
Ustick Rd. and N. Linder Rd.
1. Request: Rezone property from C -C (5.90 acres) to R -40;
and
2. Request: Conditional Use Permit for a multi-family
development consisting of 96 multi-family residential
units within 4 multi-family structures on 4.772 acres of land in
a proposed R-40 zoning district, and
3. Request: Modification of an Existing Development Agreement
to allow for R-40 zoning and to change certain other
provisions of the agreement
De Weerd: Thank you for joining us and for your testimony. We appreciate you being
here and Merry Christmas. Okay. Item 9-E is a public hearing that has been -- it's listed
to continue and we have already done that to the 15th. Item F is a public hearing H-2018-
0096. I will open the public hearing, but the applicant has requested to withdraw this
application and I would need to have Council action to do so.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Meridian City Council Meeting Agenda January 2, 2019 – Page 124 of 576
Meridian City Council
December 18, 2018
Page 63 of 67
Borton: If it necessitates a motion, I move that we accept the applicant's request to
withdraw the application H-2018-0096.
Milam: Second.
De Weerd: I have a motion and a second to approve the request to withdraw the
application. Mr. Clerk, will you call roll.
Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, absent; Little Roberts, absent;
Bernt, yea.
De Weerd: All ayes.
MOTION CARRIED: FOUR AYES. TWO ABSENT.
De Weerd: I'm going to call a ten minute break.
(Recess: 9:19 p.m. to 9:28 p.m.)
G. Public Hearing for Proposed City Clerk's Office Fees
De Weerd: Okay. Item 9-G is a public hearing for proposed city clerk office fees. Mr.
Clerk.
Coles: Thank you, Madam Mayor. If the Council will recall about a month ago I was
before this body to let you know that we had received a letter from the Idaho State
Police Department letting us know that the background fee charged on applications
requiring background checks would be increasing $1.25. That's according to the FBI.
That change is going to happen January 1st. That fee is a part of our fee schedule. We
pay it to ISP and the FBI, but it's a part of our fee schedule. So, they are saying it's
going to increase by $1.25, which is why we are here this evening to have a public
hearing for that increase. Council Member Cavener had requested that we had -- we
send an e-mail or a letter to previous applicants letting them know that the fee increase
would be coming before Council and give them an opportunity to comment. A copy of
that e-mail was in your packet. We received zero comments back from previous
applicants, but gave them an opportunity to do so. So, I will stand for any questions.
But what I'm requesting is there are four applications that require background checks
and I'm requesting that those fees be increased $1.25 to match what the FBI will be
increasing January 1.
De Weerd: Thank you, C.Jay. Council, any questions for our clerk? If not, I don't see
any public here to testify, so I would entertain a motion to close the public hearing.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Meridian City Council Meeting Agenda January 2, 2019 – Page 125 of 576
Meridian City Council
December 18, 2018
Page 64 of 67
Borton: Move that we close the public hearing on the proposed city clerk fees.
Milam: Second.
Bernt: Second.
De Weerd: I have a motion and a second and a third. All those in favor say aye. All
ayes.
MOTION CARRIED: FOUR AYES. TWO ABSENT.
H. Resolution No. 18-2119: A Resolution Adopting Updated Fees
Of The Meridian City Clerk’s Office; Authorizing The
Department To Collect Such Fees; And Providing An Effective
Date
De Weerd: Item H is a resolution 18-2119 to adopt the updated fees.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: In light of the clerk's wit and brevity --
De Weerd: Eloquence.
Borton: Eloquence is probably a better word.
De Weerd: Yes.
Borton: I would move that we approve Resolution 18-2119.
Cavener: Second.
De Weerd: I have a motion and a second to approve Item 9-H. Any discussion? Mr.
Clerk, will you call roll.
Roll call: Borton, yea; Milam, nay; Cavener, nay; Palmer, absent; Little Roberts, absent;
Bernt, yea.
De Weerd: Oh, my gosh. Really?
Cavener: Merry Christmas.
De Weerd: I guess the motion fails. Do we have another motion?
Meridian City Council Meeting Agenda January 2, 2019 – Page 126 of 576
Meridian City Council
December 18, 2018
Page 65 of 67
Milam: No tie breaker?
De Weerd: I guess -- do we have a motion to deny this? Okay. Aye. Geez.
MOTION CARRIED: TWO AYES. TWO NAYS. TWO ABSENT. MAYOR AYE.
I. Police: Budget Amendment for Shooting Range Membership
Not to Exceed $59,000
De Weerd: Okay. Be prepared, Lieutenant. Item 9-I is a budget of amendment for
shooting range membership.
Harper: Good evening, Mayor and City Council. I'm here to discuss the budget
amendment for the shooting range membership to not exceed 59,000. Apparently this
was an oversight during the FY-19 prep that it wasn't included in the fixed costs for -- for
'19. What this covers is a membership for our range agreement for each officer -- each
sworn officer for 12 months. So, apparently it was -- it was an oversight and it was
previously approved, but not added into the fixed budget. And I will stand for questions.
De Weerd: So, where is the money coming from?
Harper: Where is the money coming from?
De Weerd: Uh-huh.
Harper: I'm not quite sure how to answer that question. I wasn't prepped on where the
money was going to be coming from. I figured it was --
De Weerd: Merry Christmas.
Harper: All right.
De Weerd: Council, any questions for Lieutenant Harper?
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: No questions. It sounds like this partnership has been really fruitful for the
department and it looks like it's strong cost savings for us in the long run, so if there is
no questions -- I know the department liaison isn't here, so I'm happy to move that we
approve the budget amendment for the shooting range membership not to exceed
59,000 dollars.
Milam: Second.
Meridian City Council Meeting Agenda January 2, 2019 – Page 127 of 576
Meridian City Council
December 18, 2018
Page 66 of 67
De Weerd: I have a motion and a second to approve Item 9-I. Any discussion?
Cavener: Next time know where the money is coming from.
De Weerd: Mr. Clerk, will you call role.
Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, absent; Little Roberts, absent;
Bernt, yea.
De Weerd: All ayes.
MOTION CARRIED: FOUR AYES. TWO ABSENT.
Item 10: Ordinances
A. Ordinance No. 18-1800: An Ordinance (H-2018-0079 –
Burlingame Subdivision) For The Re-Zone Of A Parcel Of Land
Being A Portion Of The Se ¼ Se ¼ And A Portion Of The Ne ¼
Se ¼ Of Section 4, Township 3 North, Range 1 West, Boise
Meridian, City Of Meridian, Ada County Idaho; Establishing
And Determining The Land Use Zoning Classification From R-4
(Medium Low Density Residential) Zoning District To R-8
(Medium Density Residential) Zoning District In The Meridian
City Code; Providing That Copies Of This Ordinance Shall Be
Filed With The Ada County Assessor, The Ada County
Recorder, And The Idaho State Tax Commission, As Required
By Law; And Providing For A Summary Of The Ordinance; And
Providing For A Waiver Of The Reading Rules; And Providing
An Effective Date.
De Weerd: Item 10-A is Ordinance 18-1800. Mr. Clerk, will you, please, read this by
title.
Coles: Thank you, Madam Mayor. City of Meridian Ordinance No. 18-1800. An
Ordinance file H-2018-0079, Burlingame Subdivision, for the re-zone of a parcel of land
being a portion of the SE ¼ SE ¼ and a portion of the NE ¼ SE ¼ of Section 4,
Township 3 North, Range 1 West, Boise meridian, City of Meridian, Ada county, Idaho;
establishing and determining the land use zoning classification from R-4, Medium Low
Density Residential Zoning District, to R-8, Medium Density Residential Zoning District,
in the Meridian City Code; providing that copies of this ordinance shall be filed with the
Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission,
as required by law; and providing for a summary of the ordinance; and providing for a
waiver of the reading rules; and providing an effective date.
De Weerd: Thank you. You have heard this ordinance read by title. Would you like to
hear right in its entirety, Susan?
Meridian City Council Meeting Agenda January 2, 2019 – Page 128 of 576
Meridian City Council
December 18, 2018
Page 67 of 67
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: Move that we approve Ordinance No. 18-1800 with suspension of rules.
Cavener: Second.
De Weerd: I have a motion and a second. If there is no discussion, Mr. Clerk, will you
call roll.
Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, absent; Little Roberts, absent,
Bernt, yea.
De Weerd: All ayes.
MOTION CARRIED: FOUR AYES. TWO ABSENT.
Item 11: Future Meeting Topics
De Weerd: Any items for Item 11? Just a reminder there is no meeting next week. The
first meeting of 2019 will be on the 10th of January and City Hall will close at 3:00 p.m.
on the 24th and the 31st. Council, I would entertain a motion to adjourn.
Milam: So moved.
Borton: Second.
De Weerd: I have a motion and a second to adjourn. All those in favor say aye. Last
meeting 2018.
MOTION CARRIED: FOUR AYES. TWO ABSENT.
MEETING ADJOURNED AT 9:35 P.M.
(AUDIO REC RDING ON FILE OF THESE PROCEEDINGS)
/ 2. / °I
MAYOR TAVOW DE WEERD DATE APPROVED
VIA
'A A
re - I gro, A
a�
y �f w
Ci Ec ilIDIAN�-.
IDAHO
..1
�Zfi SEAL �/