HomeMy WebLinkAbout2019-05-28Meridian City Council May 28, 2019.
A Meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday, May
28, 2019, by Mayor Tammy de Weerd.
Members Present: Tammy de Weerd, Joe Borton, Luke Cavener, Ty Palmer, Genesis
Milam, Anne Little Roberts and Treg Bernt.
Also present: Chris Johnson, Bill Nary, Warren Stewart, Sonya Allen, Stephanie Leonard,
Berle Stokes, Joe Bongiorno and Dean Willis.
Item 1: Roll-call Attendance:
Roll call.
X__ Anne Little Roberts X _ _Joe Borton
X__ Ty Palmer X__ Treg Bernt
__X___Genesis Milam __X___Lucas Cavener
__X__ Mayor Tammy de Weerd
De Weerd: I will now call the regular City Council meeting to order and ask our city clerk
to start with roll call attendance.
Item 2: Pledge of Allegiance
De Weerd: Item No. 2 is the Pledge of Allegiance. If you will all rise and join us in a
pledge to our flag.
(Pledge of Allegiance recited.)
Item 3: Community Invocation by Larry Woodard of Ten Mile Christian Church
De Weerd: Item 3 is our community invocation. Tonight we will be led by Larry Woodard
with the Ten Mile Christian Church. If you will all join us in the community invocation or
take this as an opportunity for a moment of reflection. Larry, it's awesome to see you.
Woodard: Good to see you again. Let's pray. As we begin this summer we have gone
through a wet period and the people of Meridian are really ready for some warm weather.
We thank you, Lord, for the rain and pray that the remainder of the year and a good time
in this city. To have 60 new people show up in Meridian in each day is mind boggling and,
yet, we are building and continuing at a record pace. You certainly have shone brightly
on us and we thank you. We ask for your blessing on this Council and the Mayor tonight.
You certainly have watched over them and like this Council our church at Ten Mile is
experiencing rapid growth also. This year we intend to add a gym and a number of
classrooms. That town is literally exploding with growth. Growth brings its own problems
and as this Council wrestles with growth on a daily basis I asked that they continue to be
wise in their decisions, as they have been in the past. To have the growth of the past two
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years and yet have so few issues is a compliment to this group of public officials. Growth
means that some jobs are hectic. I ask that you guide those staff members who see their
workload growing daily. One example is our police force. They have done a great job.
We thank you for the police and the firemen and emergency service personnel who serve
our community so well, but how about the city hall staff. We know that this record growth
increases their daily workload. We thank you for their hard work. Our Mayor is retiring
and we are going to miss her. May she enjoy her children like any good parent. Be with
this Council tonight as they address some new matters. May they be wise and courteous
in their decision making, in Jesus' name, amen.
De Weerd: Larry, thank you for letting us be part of your report to God. Always enjoy
that.
Woodard: Okay.
Item 4: Adoption of Agenda
De Weerd: Okay. Item No. 4, Adoption of the Agenda.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: We have a few changes to the published agenda. On the Consent, Item 7-B, as
in boy, will be moved to Item 8-A. Item 7-D, as in dog, will be vacated. It's going to be
addressed at a future Council meeting. Item 10-B, when we get there, the applicant will
be requesting a continuance, so it will stay on for now and we will address it when we get
there. And, then, finally Item 11 -B, as in boy, that item is going to be removed from the
agenda and we will re-address it on June 11. So, with those changes I move we adopt
the amended agenda.
Milam: Second.
De Weerd: I have a motion and a second. And, Mr. Borton, I have Item 11 -B needs to
be vacated.
Borton: Correct.
De Weerd: 7-B, it's been asked to be pulled off and 10-B is going to ask for a continuance.
What did I miss? Oh, 11-B.
Borton: Correct, Madam Mayor. And, then, 7-D will be removed. It's not going to eight.
It's just being removed from this agenda. It's going to come back at a future meeting.
De Weerd: Okay. That's what I was missing. Thank you. I have a motion and a second
to adopt the agenda as read. All those in favor say aye. All ayes.
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MOTION CARRIED: ALL AYES.
Item 5: Announcements
De Weerd: Item 5, under Announcements, we do have a couple of things coming up. We
have a retirement open house for one of our firefighters, Greg Ordene, on Friday, the 31st
from 1:00 to 3:00 at Fire Station One. Patriot Thunder is celebrating their tenth annual
ride. This ride is -- is to honor our military and the funds that are raised help a number of
the family organizations that help veterans and their families. So , please, join us at High
Desert Harley at 9:30 this Sunday. Next week kicks off new meeting times with the work
sessions that start at 4:30. Regular City Council meetings continue to start at 6:00. And,
finally, we also have budget workshops that start next Wednesday at 1:00 o'clock and
Thursday, the 6th, at 8:00 a.m. That extra half day is needed. So, with that is there
anything to be added?
Item 6: Future Meeting Topics - Public Forum (Up to 30 Minutes Maximum)
De Weerd: Okay. Item 6. Mr. Clerk, is there anyone signed up under Item 6?
Johnson: Madam Mayor, you do have three signups. First is Tyler Rountree.
Rountree: Madam Mayor, Members of Council --
De Weerd: Hi, Tyler.
Rountree: Surprise.
De Weerd: Yes.
Rountree: So, I will make this quick. I'm here tonight -- we had a piece of legislation that
you guys supported the beginning of the year, Senate Bill 1028, PTSI legislation. It's
huge. Your moves were huge in that and your support was huge. We often don't take
the time to publicly thank you, so we are here tonight to publicly thank you. So, if you
guys will grab those and come forward. On behalf of my 70 memb ers and the 90
members from the Police Employee Association, thank you for your support with Senate
Bill 1028 and the PTSI legislation this year.
De Weerd: Well, thank you for joining us. Thank you for that surprise and Tyler found --
he kind of hit the wall when we said you want to be on an agenda? Why? So, I see that
you found a way to do it regardless. Thank you. And -- and I will tell you, it was with a
great pleasure that we played a role. This has been high on our list of priorities and
concerns about our public safety personnel and what they face day in and day out and
the mental health aspect and the ability to seek help and to know it's okay is paramount.
So, thank you. We appreciate that. It was not necessary, but thank you so much. Okay.
Any -- you said three.
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Johnson: Yes. Next is Susan Karnes.
De Weerd: Well, Susan, that's a hard one to follow.
Karnes: I was just going to start off by saying that.
De Weerd: Well, thank you for being here.
Karnes: I come empty handed.
Bernt: No plaques from the Southern Rim Coalition.
Karnes: I'm going to go back to the drawing board. My name is Susan Karnes and I live
at 5556 South Graphite Way here in Meridian.
De Weerd: Thank you.
Karnes: And I was going to be joined up by some other people who were going to come
up and stand with me, because I'm not alone in coming to speak to you this evening. I
come to respectfully request in support of Denise LaFever's suggestion last week that e-
signatures be included in public testimony for the public record and I wanted to expand
on that a bit with some background and context, because I think we need some clarity. I
think there is a little bit of confusion on this. When e-signatures were first introduced the
members of the Southern Rim Coalition were thrilled. We have a lot of young members
with big families. They are busy. As you well know, the meetings run late and so it was
received with great applause that it could increase our participation in the public process.
So, several months ago I e-mailed C.Jay Coles and I asked if a line could be added to
the e-signature sign-in sheet where our members could say Meridian Southern Rim
Coalition or people from the north side could say whatever group they were with, so you
would know if I came up and requested ten minutes that there was a block behind me
that maybe couldn't make time in their busy schedule to attend and I got really an
unexpected reply and basically -- let's see if I can actually work a PC -- hold on. Sorry
people out in the audience. I'm trying to click on this. I'm trying to click down here. I'm
going to let Sally Reynolds, the tech queen, do this. Basically what he said is they are
not entered in and read aloud whether they are stating opposition or favor, because the
sign-in sheets are not a petition.
De Weerd: I think, though, Susan, what it did say is it was entered into the public record,
so that information was available to City Council.
Karnes: So, what happened is in several hearings we had dozens of people sign in , but
there was no note of that in -- by the city clerk or in a staff report to Council. So, we would
have dozens and dozens of people sign in. I can recall during a P&Z meeting over a
controversial topic that staff did report to the commissioners that 114 people had signed
in online. So, we have stopped asking people to sign in , because we did not feel that it
was being read aloud or we hadn't seen it read aloud and we thought we are not going to
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ask people to sign in. And, then, of course, during the May 7th public hearing on an
application there were five people read into the public record. So , it just -- it seemed a
little bit confusing and so we would ask, A, that clearly the e-signatures be a part of the
public record and read into the public record and that we have a little more clarity on the
process.
De Weerd: Thank you.
Karnes: Thank you.
De Weerd: And we will respond to both you and your group and Denise. We haven't had
a chance to sit down and talk about it, but we will do that this week and -- and get back
with you.
Karnes: Okay. And I want to give kudos to the police department a nd the ordinance
officers. They are on top of it in our neighborhood. Thank you very much.
De Weerd: Thank you. I'm sure Lieutenant Stokes will take that back with him. And Mr.
Clerk.
Johnson: Madam Mayor, next is Sally Reynolds.
De Weerd: Good evening, Sally. If you will, please, state your name for the record.
Reynolds: Good evening, Madam Mayor, Members of City Council. My name is Sally
Reynolds. I reside at 1166 West Bacall Street in Meridian, Idaho, and I will just echo one
other thing that Susan Karnes said. I think it is important to hear those things read aloud
and whether they are for or against , because while it is in the public record, the City
Council doesn't hear that before they render their decision on the verdict and so, you
know, however that plays a part in the decision -- in some applications maybe it won't play
a big part in your decision and some others maybe it will. So, I think it's important to hear
how many people took time out of their day to sign in and actua lly take a stance on the
issue. But with that said I'm here to address a different topic. So, I would like to talk
about interagency cooperation between West Ada School District and the city. So, time
and time again we hear from residents in neighborhood meetings -- and I'm sure you
know P&Z hearings and City Council meetings about concerns about overcrowding and
while I understand that the city does not have control over the schools , the land use
decisions may -- do have a major impact on enrollment numbers. I would like to propose
that the city explore the possibility of creating a standardized form to be included with
every application. It could include any list of schools capacity, current enrollment and how
an application may affect those numbers. So , I believe this interagency cooperation
would provide the city with a more complete picture of how the application affects schools.
When I worked as a real estate agent one of the driving factors of finding a new home is
does it have good schools and I believe that by having this data in front of you when you
make these decisions the City Council can make prudent land use decisions, while
acknowledging the constraints of the school district and thereby maintain a quality
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education for Meridian children and also sustainable property values for the residents in
Meridian. One other topic that I would like to see perhaps taken under advisement is also
the timing and the stringent requirements of having all of the agency comments and all of
the data given to city staff before the city -- before the staff report is ready. I have followed
quite a few applications through the process and while I know that that's really hard,
because you're working with a lot of different agencies, I think that it shouldn't be rushed
just for the sake of time, that we really should have all of those comments and data
available before the staff writes their report, which they can, then, give to P&Z and they
can, then, make an informed decision to the Council on approval or denial. Thank you.
De Weerd: Thank you, Sally. No further sign-ups?
Johnson: That was all the sign-ins.
De Weerd: Thank you.
Cavener: Madam Mayor?
De Weerd: Yes, Mr. Cavener.
Cavener: I don't have questions, but I guess is it appropriate just to let Mrs. Reynolds
know that the staff -- the packet that council receives typically has that information already
provided to us by the school district, so we know what schools that development will be
impacted and what enrollment numbers are from the school district in there. So , we have
that information when it's provided by the district . I know we have an application before
us tonight that doesn't include that information, but it's fairly typical that the school district
does provide that to us and we do have it in our packets. It's typically on the first or
second page.
De Weerd: Thank you. And, yes, I was going to ask if our clerk could send a copy of one
of our staff reports that shows the agency comments and -- and school district reports to
the Council that's part of their consideration.
Item 7: Consent Agenda [Action Item]
A. Approve Minutes of May 14, 2019 City Council Workshop
Meeting
C. Final Plat for Lost Rapids (H-2019-0056) by GFI - Meridian
Investments II, LLC, Located at the SW corner of W. Chinden
Blvd./SH 20-26 and N. Ten Mile Rd.
D. Development Agreement for Villasport (H-2018-0121) with Sadie
Creek Commons, LLC (Owner/Developer) located at the
Southwest corner of E. Ustick Rd., and N. Eagle Rd. – Vacated
from the agenda
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E. Public Works: Recycled Water User Agreement between the City
of Meridian and Extra Space Storage
F. Finance Department: April 2019 City Financial Report
G. AP Invoices for Payment - 05/29/19 - $1,633,526.54
De Weerd: Okay. Item 7 is our Consent Agenda.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: The Consent Agenda, as amended, I move that we approve and for the Mayor
to sign and Clerk to attest.
Cavener: Second.
De Weerd: I have a motion and a second to approve the Consent Agenda as amended.
Mr. Clerk, will you call roll.
Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt,
yea.
De Weerd: Okay. All ayes.
MOTION CARRIED: ALL AYES.
Item 8: Items Moved From The Consent Agenda [Action Item]
A. Final Plat Continued from May 21, 2019 for Keep Subdivision
(H-2019-0053) by Jarron Langston, Located at the SW Corner of
S. Eagle Rd and E. Lake Hazel Rd.
De Weerd: Item 7-B was moved from the Consent Agenda to under Item 8 and so I
imagine -- Sonya, do you have information on this?
Allen: Well, I do, Madam Mayor, Members of the Council.
De Weerd: Well --
Allen: Thank you. The applicant had originally submitted a response in agreement with
the staff report, but they noticed something today that they decided they weren't in
agreement with. So, I will just go over that with you real quick here. So , the applicant is
not in agreement with Condition A-4-F in Section 6, which requires the street frontage of
Lot 4, Block 1, and that is this lot right here with the red text on it to be widened to a
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minimum of 80 feet, measured as a cord measurement in accord with UDC Table 11 -2A-
4 for the R-2 zoning district. The measurement is currently 69.86 feet. The UDC does
allow properties with street frontages on cul-de-sacs or at approximately a 90 degree
angle to be a minimum of 30 feet measured in the cord measurement. However, the
frontage of this lot does not meet the requirements for a reduced frontage. The applicant
I believe would like to address you on this condition.
De Weerd: Okay. Thank you. Is the applicant here?
Green: My name is Richard Green and I'm with Stanley -- Stanley Custom --
De Weerd: Can you pull the microphone up.
Green: Oh. Yes.
De Weerd: Thank you.
Green: Okay. What we are having a problem with is getting those 80 foot on those lots.
There is no provisions in the city codes for a curve, other than if it's 90 degrees you can
go down to 30 feet and so kind of due to ACHD's requirement on this subdivision that we
get rid of the access to Lake Hazel, we had to put it in down below and they gave us a
variance on the distance from the intersection of Lake Hazel onto Eagle Road. The
church is directly south of this and so we are kind of stuck with what we got and the road
goes in pretty steep, so those lot frontages almost have to remain like that or -- or get rid
of a lot and, then, there is pretty good size lots anyway. So, we are asking that Council
approve the final plat as is and --
De Weerd: So, was -- you didn't understand that that needed to be corrected as part of
the plat?
Green: No.
De Weerd: Mr. Nary, perhaps you can share with Council if -- what their options are if
they have any.
Nary: Madam Mayor, Members of the Council, so what I heard from Planning is basically
their requirement for this final plat is a UDC condition that has to be complied with.
De Weerd: Exactly.
Nary: And there isn't an alternative that we can grant at this juncture to relieve you of that
responsibility. So, I don't -- they can't approve your final plat if that's the case and that's
-- if that's -- then you will have to redo it. Whether it would, then, be in substantial
compliance with the preliminary plat I don't know.
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Green: Well -- excuse me. Well, the street is almost at a 90 -- it's a 67 degrees and in
the provisions for cul-de-sacs and -- and we could go ahead and put a 30 foot flag lot in
there, which we don't want to do. We would just like to leave it like it is and -- and stay
with the requirements that we have without needing that 80 foot of frontage and -- and,
then, there is also a -- you know, conflicting about the 80 foot of coverage. You're talking
about cord length versus -- versus the arch length. Well, you go a cord length across
there and it will take both those lots.
Nary: So, Madam Mayor, Members of the Council, I -- it sounds to me like there is not an
agreement to approve this final plat, so -- we cannot waive the requirements that you
would prefer not to do. That -- that doesn't work that way. So, it sounds like you still need
to work this out with staff to get a final plat that is substantially in compliance with what
was approved, because that's where we are -- it appears we don't have an agreement.
De Weerd: So, I guess at this point staff can't break the UDC rules and neither can
Council.
Green: Yeah. The only thing is there is no provisions for lots on a curve. They are all for
a cul-de-sac or -- that's it and we have some other lots on there that don't meet the
requirement, but we have a 90 degree angle in the road. So, I mean, you know, they are
almost the same thing. So, I just wanted to ask for a waiver of that or -- 80 foot frontage
or --
De Weerd: I believe you heard from staff and from our city attorney that we can't give
you a waiver on that. I guess what Council can do is continue this and -- and see if you
can meet with staff to see what -- it doesn't sound like there is options either, but maybe
you can take it back to the drawing board and see what you can do.
Green: Okay. Thank you.
De Weerd: Thank you. So, Council, this plat is not in front of you to approve, because
it's not compliant. If you would like to continue it to see if the applicant can work with staff
on bringing it into compliance, I would certainly entertain a motion.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: I had previously disclosed this is a project that our firm had done some work on.
I don't know anything about this particular request, but I will continue to abstain. I have
not viewed or participated at all, so I will continue that practice and abstain from this
motion of consideration.
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
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Cavener: Question for staff. Sonya, this is a unique situation. If Council were to continue
it two weeks -- seems like enough time or would you like more time? Less time?
Allen: Madam Mayor, Council, excuse me, I was having a side conversation. Tw o weeks
to continue for what reason?
Cavener: Well, it sounds like in the conversation -- sorry, Madam Mayor. Conversation
between the Mayor and the applicant was to maybe give him an opportunity to have
further conversations with you in light of the information he's learned tonight, so --
De Weerd: I guess if -- if we continued it two weeks to see if the applicant can work with
you to bring their final plat into compliance and, then, bring it back to Council.
Allen: Madam Mayor, currently it's a condition of approval that they comply with the UDC
standard. I can't change that.
De Weerd: No, I -- no one's asking you to change it.
Allen: I'm not sure what --
De Weerd: It just gives the applicant an opportunity to bring it into compliance.
Allen: Okay. Or can do that as well per the condition prior to signature on the plat. I'm
happy to work with the applicant, I just -- my hands are fairly tied with the -- with the code
requirement.
De Weerd: We are not asking you to change the code or to be lenient. We are asking
you to follow the code and we are asking the applicant to bring that into compliance.
Palmer: Madam Mayor?
De Weerd: Mr. Palmer.
Palmer: So, my understanding is we can approve it with the condition and , then, he can
make the fix without having to come back before us or not fix it --
Allen: That's pretty standard. That's why I wasn't understanding, Madam Mayor. Am I
missing something? Normally -- normally the conditions of approval, they just make the
changes to the plat when they submit the plat back in for signature.
De Weerd: Yes. But usually we don't know it's not in compliance when we are asked to
approve a final plat. Council, if they were to make a motion to continue it -- probably does
want to make sure that it is in compliance before they take that kind of action. But it
sounds like you have two choices, Council.
Palmer: Madam Mayor?
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De Weerd: Mr. Palmer.
Palmer: So, it's not a public hearing; right? It's just --
De Weerd: It's 7-B.
Palmer: It's called 8-A now; right?
De Weerd: Uh-huh.
Palmer: I move that we approve Item 8-A, H-2019-0053 and include the condition that
we have been discussing. Staff's condition.
Milam: Second.
De Weerd: I have a motion and a second to approve the final Plat for H-2019-0053 to
adhere to all staff conditions. Any discussion? Mr. Clerk, will you call roll.
Roll call: Borton, absent; Milam, yea; Cavener, nay; Palmer, yea; Little Roberts, yea;
Bernt, yea.
De Weerd: Okay. The ayes have it. Motion is carried.
MOTION CARRIED: FOUR AYES. ONE NAY. ONE ABSENT.
De Weerd: So, the final plan was approved, sir, but that does need to meet our -- our
UDC.
Item 9: Community Items/Presentations
A. Youth Scholarship Awards Presentation
De Weerd: Okay. Under 9-A -- Council, I'm going to move to the podium so I can present
our youth scholarship awards. Okay. No guarantees I will not get emotional. I know all
four of our awardees and three of them I have had the privilege to work with and so when
I know these students it's really hard for me not to feel motherly. So , I am going -- and
just for the record, each scholarship award is funded through the sponsorships of the
State of the City. Our State of the City sponsors have been very generous and they have
been funding these youth members and their desire to move on with their higher
education and the qualifications for the scholarship are a little bit different than just
academics, it's those that have given back to our community, that have been leaders and
that have left their legacy already on the community in which they live in. So , I will ask
Jacob Chambers to come forward and I do have information on each of our awardees
and at the end they will be presented with an envelope. In this envelope is something
you, then, have to fill out and we will send the check to your institution of choice. So,
Jacob is graduating from Meridian High School. This Eagle Scout has devoted his time
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to giving back to our community. Jacob has used his platform to educate fellow teens on
the danger of distracted driving, bullying, and drugs. He has also spent countless hours
working to -- and this is really what touched me about Jacob is he wants to educate , to
recruit and he was fundraising for Be The Match. This was very close to his heart and it
was one -- it was your Eagle Scout project, if I remember correctly, connecting bone
marrow donors to those in need. Through student council, Boy Scouts of America, and
the Mayor's Youth Advisory Council, Jacob has built a great foundation of leadership. This
is a skill that will serve him well as he embarks into the world of politics. I thought I taught
you better than that. Jacob plans to attend the College of Idaho this fall where he will
double major in history -- and he loves history. You can learn so much from this young
man if you travel with him, which I had the opportunity to. He could tell you something
about almost everything he saw. So, double major in history and political science. One
of his life goals is to travel the world, taking in the many cultures, which he hopes to
document in a book of recipes, stories, and pictures. Jacob, we have no doubt that you
will have many amazing adventures ahead of you and that you will make the best of all
of those, whether you go on to own your own history museum or come back to Meridian
as maybe mayor someday, I know that your future holds great promise and we just want
you to come back. So, we wish you great success as you go out and you spread your
wings, but remember where home is and we know you will.
Chambers: I would like to thank Madam Mayor and the wonderful City Council members
that have guided me on my journey, not only through high school, but throughout my
entire life. You have been such an inspiration and have showed up to many of MYAC's
events and have always been there to mentor and guide me and I especially want to
thank Councilman Cavener and Councilman Bernt for all of the support they have given
me throughout the years and I want to thank all of you for showing up tonight and thank
you to the City of Meridian. Thank you.
De Weerd: Okay. Our next teen is Logan Denen. Logan is a veteran dancer at the
Dance Arts Academy and a member of the guitar club and a percussionist at the
Renaissance Concert Band. Logan has immersed himself in the arts. He has also
mastered the art of community service. Logan danced his way into our hearts in 2015
when he joined the Mayor's Youth Advisory Council. We got to know him even better
during his internship with the Mayor's office last year. Logan has dedicated -- he is a
devoted, dedicated and active member of his church where he has spent many hours
working with children. He has been arranging music and lending a hand where he is
needed. He lives by his personal motto: Kindness above all else. This young man is a
leader and he leads with kindness and loyalty and care. He exemplifies his work as a
community kindness movement ambassador. Upon graduation from Renaissance High
School Logan plans to attend Pacific Lutheran University with his best friend Ramon?
Oh, it's your guitar.
Denen: Oh, yes.
De Weerd: That's his best friend. It doesn't talk back. Logan is seeking a degree in
sociology, with a focus on criminology and he hopes one day to work for the FBI as a
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criminal profiler. Logan has an innate ability to connect with people around him. This skill
will serve you well in college and in life and I wish you great success. Again, we expect
that you will come home and continue your care, your ability to spread love and kindness
to all those around you.
Denen: Thank you, Madam Mayor and City Council, for granting me this award. I want
to thank my family who came out here tonight. There are many of them. And it's -- it
really means a lot for me for them to all be there. I want to say thank you to Jacob and
Jared for supporting me in the Mayor's Advisory Council. Without them I wouldn't be here.
So, thank you for all the people who have got me to where I am now.
De Weerd: And, you know, we saw some of that heart during our -- our participatory
budgeting project where Logan really honored his grandfather and so that heart will serve
you well. Our next teen to recognize is Jared Gonzales. So, Jared has been a youth
council member for four years and I have gotten to know him quite well and I am very
honored to be offering this scholarship to Jared. You wouldn't think that a student that's
achieving a 4.0 each year of high school would have much extra time to do anything but
study, but Jared has proven you can do it all. Jared has been a member of the student
council at Meridian Technical Charter High School for all four years of his high school
career. Two of those he served as the student council president. Leading by example
Jared has served the student council with exemplary leadership. He has led by example.
He has spearheaded and participated in many community service projects, like Rake Up
Meridian and Adopt A Highway clean up. He has spent his free time volunteering at and
raising money for the Meridian Food Bank and the Idaho Humane Society. In his four
years as a member of the Mayor's Youth Advisory Council Jared has over 400 hours of
community service. I am certain that Jared's service will not end at graduation. Instead
it will be felt 4,500 miles away in New York City. He has set his sights on Columbia
University where he will study commuter -- commuter -- computer and, then, we hope he
commutes -- Computer Engineering. Jared is truly the full package, with both brains and
heart. Jared will remember -- we hope you remember how great Meridian is and the
fingerprint of compassion, but occasional research -- which I mentioned last week -- and
that you will come home after you got an education. We want you to start your own tech
company here and we will give it a fast track. So, there you have it. Thank you and
congratulations.
Gonzales: I would like to say thank you, of course, to Mayor Tammy and the City Council,
not only for this award, but supporting Meridian and MYAC. It's been a big help. It's been
a big impact in not only my life, but my family's life. My dad was involved with it. On the
planning side my brother, my cousin, a couple of my other cousins, so it's kind of a family
thing and there is a lot of big impacts that Meridian has made. Thank you to City Council
and Mayor and everybody in Meridian. So, thank you.
De Weerd: And our -- last teen that we have a scholarship for is Emma Shiflet. If Emma
will make her way up. So, Emma was not on our youth council, but Emma was one of
those -- the enemy on the city -- the Chambers softball team. She was their secret
weapon, because they could never beat us, so they had to pull some real quick ones and
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-- and Emma was their secret weapon. But Emma was also in the Mayor's CEO Book
Club as well. So, Emma and I go back, as you can see, a long way, because my book
club was third to fifth graders. It's been a little while, huh, Emma? Emma not only hit
home runs on the softball field, but also in academics as well. Graduated from Rocky
Mountain High School, Emma has a 4.1 GPA. This is an incredible accomplishment,
especially when combined with Key Club , French Club, National Honor Society, softball,
youth group and, of course, when she could, the Mayor's Youth Advisory Council. The
importance of service and giving back was something that Emma learned from her
parents at a very young age. Whether it's a small act of kindness to create a ripple effect
or a huge wave, Emma has had her hand in many projects here in Meridian. Emma has
assembled comfort kits for children displaced from their homes by child protection
services and helped to paint and clean the Boys and Girls Club. She has wove blankets
for premature infants and the list goes on. Idaho State Univers ity will gain a selfless,
driven and brilliant young woman this fall. As she attends the university honors program,
Emma will study communication science and disorder, with an emphasis in pre-speech
pathology, but as we saw indicated in her 4.1 GPA, Emma is a bit of an overachiever.
She plans to secure her bachelor's degree in three years before earning her master's in
speech pathology. Of course, her -- her servant's heart already has plans for a nonprofit
entity to serve children and families in need of specialized care. Emma, I am not the least
bit surprised that you have chosen a path that will continue to connect you with your
community. I can't wait to see where life takes you and I'm certain that you will be rich in
both success and service and I'm honored to present this award to you.
Shiflet: Thank you to the Mayor and the City Council for this scholarship, not only for the
scholarship, but thanks for all you do for our community and for the example you set.
Thank you.
De Weerd: As the families leave I just want to thank them for lending their -- their children
and their talents to help us create a premier community and I really don't think that we
could create a premier community without some of our most precious citizen involvement
and your kids really have exemplified why we continue to gain national attention, much to
everyone's chagrin, but their efforts make Meridian a better place. So, thank you to our
teens that were honored tonight and to the families that inspire and support them. We
appreciate that.
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: Real quick. I'm a firm believer that credit when credit's due and I just want to
commend you and your staff for this program. This is something that has been your
vision, you have driven and grown and our community has benefited tremendously. The
investment in our youth and -- and that -- all they have given to our community. So, thank
you for doing this and as a -- as a Council Member, as a cheerleader for community, as a
taxpayer, this is a win across the board and it's all been driven by you and your office. I'm
forever appreciative.
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De Weerd: Thank you. And -- thank you. Certainly it's -- it's my office staff. I just try and
stay out of their way, because they got things to get done and you can see that they have
done a lot. So, thank you. Thank you, Mr. Cavener. Thank you. I was going to say
something like, well, you got a scholarship, so you have to spend the whole evening with
us, but I won't do that.
Item 10: Action Items
A. Public Hearing for Wagner Farms (H-2019-0035) by PD Larson &
Co., Located 3240 W. Chinden Blvd.
1. Request: An Amendment to the Comprehensive Plan Future
Land Use Map to change the land use designation on 2.46
acres of land from Low Density Residential to Commercial;
and
2. Request: Annexation and Zoning of 2.46 acres of land from
the RUT (Rural to Urban Transit) zoning district to a C-C
(Community Business) zoning district for future addition of a
convenience store and fuel sales facility to the existing
farmers market
De Weerd: Okay. We have reached Action Items. Item No. 10. The first item is a public
hearing for H-2019-0035. If this is your first time at City Council our process is that our
staff gives a presentation on the application that's in f ront of City Council for their decision.
Then the applicant will make a presentation. They have 15 minutes to present their
application and, then, we open it for public testimony. Public testimony is limited to three
minutes and on the computer screen that will be in front of you at the podium there is a
timer that shows you how much time is on there. When the buzzer buzzes I will ask you
to summarize if you have not already wrapped up your remarks. The applicant, then, has
the final comment to present any information that -- that was brought up through public
testimony, answer any questions from -- that were raised or Council questions as well. At
that point Council will be asked to consider all of the information in front of them. We do
have a public record. We have minutes from Planning and Zoning. We have all agency
comments. That is all public record that this Council has had an opportunity to review
prior to this evening. So, that is the process and at this time, as I have opened the public
hearing, I will ask for staff comments at this time.
Leonard: Thank you, Madam Mayor, Members of the Council. The first land use
application before you this evening is for Wagner Farms Comprehensive Plan map
amendment and annexation of 2.46 acres of land, currently zoned RUT in Ada county,
located at 3240 West Chinden Boulevard or State Highway 20-26. To the north is a single
family residential subdivision currently zoned RUT in Ada county. To the south is West
Chinden Boulevard, State Highway 20-26 and future commercial, Costco, zoned C-G. To
the east is a common lot and a Meridian sub here that is zoned R-8 and the Spurwing
golf course zoned RUT in Ada county. To the west is a common lot located in an Ada
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county sub, zoned RUT. The applicant is requesting to change the future land use map
to this parcel from low density residential to commercial to allow for the existing produce
market to expand and to add a convenienc e -- a convenience store with a fuel station.
Contingent upon approval of that request the applicant requests to annex the subject
parcel with a C-C zoning designation. As of note, the applicant and staff did have
discussions regarding the current Comprehensive Plan update that's going -- been
ongoing for a while and the applicant's request to change land use on this parcel prior to
application submittal. The applicant chose to request a map amendment, rather than
process a land use change request with a comp plan update. Although staff has been
trying to limit the number of Comprehensive Plan map amendment applications with the
current Comprehensive -- Comprehensive Plan update that's going on, staff and
Commission are supporting the subject request because the proposed commercial land
use is consistent with existing land uses and will complement the area. Wagner Farms
has been in operation since 1982 in this location and was considering moving to another
site to expand its operations. They were overwhelmed with requests from surrounding
residents and customers to keep the business open and have since decided to stay in
their current -- or the current location and pursue growing there. A petition with over 450
signatures in support of Wagner Farms remaining in its current location was submitted
with this application. The applicant is proposing one full access point via West Chinden
Boulevard and has coordinated with ITD and the property owner to the east to align that
entrance with Ten Mile to the south. A 35 foot landscape buffer is required along Chinden.
The applicant is proposing to construct a portion of the city's ten foot multi-use pathway
adjacent to Chinden Boulevard here. The project has been conditioned to require a micro
pathway to the residential subdivision to the west here to increase pedestrian connectivity.
Proposed hours of operation for the market, convenience store and fuel station are 6:00
a.m. to 11:00 p.m. Fuel pumps are not proposed to be operational outside of those hours.
A 25 foot landscape buffer is required to the residential use to the nor th. The applicant
also plans to install a six or eight foot masonry wall adjacent to that use to mitigate any
activity related to the proposed use on the site. The concept plan generally complies with
city code. However, a thorough review of the site and elevations for the building will be
reviewed at the certificate of zoning compliance and design review application.
Conceptual building elevations were submitted for the facility. It will maintain a country
barn feel and will help maintain the historic area -- or character of the area. The
Commission is recommending approval of the application. Testifying in favor were Becky
McKay and Mike Wardle. In opposition was Denise LaFever. Becky McKay, Mike Wardle
and Denise LaFever all testified during the hearing. No written testimony was received .
The issues discussed during the public hearing were a deceleration lane and future
expansion of Chinden Boulevard with the Costco development to the south and the
change from low density residential to commercial outside of the current Comprehensive
Plan update. Key issues of discussion by Commission were the deceleration lane, the
amount of anticipated traffic, and ITD requirements, as well as the micro pathway
requirements that were originally suggested to the east and, then, to the west. The
Commission did modify condition 8.C to strike the requirement to extend the micropath to
the east. Written testimony was received from Becky McKay, the applicant's
representative, in agreement with the Commission's recommendation to Council. With
that staff will stand for any questions.
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De Weerd: Thank you. Council, any questions for staff at this time? Is the applicant
here? Good evening. If you will, please, state your name and address for the record.
McKay: Thank you, Madam Mayor, Members of the Council. Becky McKay with
Engineering Solutions. Business address 1029 North Rosario in Meridian. I'm here this
evening representing Paul Larson and Rod and Deb Wagner on this application that's
before you. The subject property, as Stephanie indicated, is located along the State
Highway 20-26 or Chinden Boulevard. The property is 2.2 acres. You can see it here.
There are two homes on the property, a barn and a shop. Deb and Rod Wagner have
operated since the early 1980s for, what, 35 years a produce and vegetable barn. It's
been a staple of the north Meridian community for many many years. To the west of us
is the West Wing Subdivision. Their common lot and irrigation pond is located adjoining
the boundary. To the east of us is the Spurwing golf course. As far as services, we
stubbed Meridian sewer and Suez water to the Wagner property from the Olive Tree at
Spurwing patio homes that I did for Jock Hewitt. So, services are located right here on
the eastern boundary. To the south is the proposed Costco facility, along with its other
commercial uses and, then, you have a subdivision to -- to the southeast. The property
is currently zoned low density residential, which I always thought was peculiar considering
that it was more of a commercial use and on a major state highway and at the intersection
of Ten Mile and so in my meetings with staff we talked about potentially revising that comp
plan land use map and the staff had indicated to me that there was a process that was
going on and -- and they said -- but, you know, what you're requesting makes sense and
I said, well, even if you're -- if you're running your Comprehensive Plan land use map
changes through, would it be objectionable if I submitted a map amendment, if it's
consistent with what you're proposing and -- and the staff kind of indicated, no, we -- we
wouldn't see a problem with that, because we do feel that -- that low density residential
on 2.2 acres located at a major intersection of a state highway isn't appropriate. This is
kind of a blow up. You can see the golf course and the greens that are to the east of us
and here is the -- the pond. So, we kind of came up with a site plan and we did a
neighborhood meeting. We had almost -- I think 20 -- about -- approximately 20 residents
that showed up. Very curious about what -- what we were proposing and we said, you
know, what we want is a neighborhood market, something different, not your average
normal convenience store, but something that will have the produce and the vegetables
and the homemade baked goods and the homemade ice cream and all of those functions
-- more like a neighborhood market. We are not trying to compete with Costco and their
facility, but to create something expanding beyond what's out there now. So, we met with
ITD. We met with ACHD. It was determined that a traffic study wasn't warranted on the
project. They did have us do a turn lane analysis, which we submitted to the staff, to
ACHD, and to ITD and based on the numbers the project doesn't warrant a turn lane as
it doesn't generate enough -- enough traffic. ITD asked us to preserve 30 additional feet
beyond the 40 feet that's existing right of way and in addition to the 30 feet, they said we
would like a 30 foot easement. They said, you know, it would be for possibly drainage or
whatever, but we would like you to preserve that and so I talked to the staff, because this
is designated for a ten foot multi-use pathway along the Chinden corridor and the staff
said, you know, as long as we could get our trees for our buffering -- meet their buffering
requirements along the state highway, then, we will be fine. So, we added an additional
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eight and a half feet beyond that ITD easement, so that we could go ahead and put those
street trees and meet that buffering requirement and ITD indicated that we could get a
permit for turf and shrubs, but no trees and, then, they would allow that ten foot multi-use
pathway to be located within the -- at the edge of their easement. On the north side is
the only single family dwelling that we imp act. Mr. Wagner has met with that property
owner. He indicated at our neighborhood meeting -- all I want is a six to eight foot masonry
wall, whatever height the City of Meridian will allow and, then, we have 25 feet of
landscape buffer as required by the ordinance. We have 20 feet of landscape buffer to
the west, but this is a common lot for the subdivision and their pond and, then, we have
a ten foot buffer. We were going to ask for alternative compliance, because we are next
to the golf course. One of the primary issues that we dealt with was the approach to the
property. Mr. Wagner, when the Walmart went in at Ten Mile and McMillan, one of their
mitigation requirements was expansion of this Chinden intersection at Ten Mile,
installation of a signal, and so Mr. Wagner -- they -- they told him your driveway is not
compliant, are you willing to move your driveway. So, he agreed to relocate his driveway.
Right now he has two approaches to the property, one along the western boundary and
one over here on the eastern boundary. When we met with ITD and discussed this
particular development, ITD said we want you to align with the -- the outside westbound
turn lane from Ten Mile, because there will be two dual turn lanes. It's already built for it,
but it's stripped just one and so people can come straight into this site via the signal or
they can go westbound and, then, Mr. Wagner also has a signal for his outbound lane.
So, we went to Jock Hewitt, because this is the boundary for the subject prope rty and
Jock Hewitt said I will grant you an access easement. I don't have a problem with it.
Draw up the paperwork, the exhibit, the description. Staff has made that a condition of
approval, so has ITD, that we provide the easement, so that we can perfectly align our
access with that intersection. One of the things that came out in the neighborhood
meeting was initially the -- the fuel canopy was located out in the front and the neighbors
really came up with a great idea and they said , you know, if you could incorporate the
canopy into your structure and not have it as that focal point out along the state highway,
that would be so much better and so we -- we did change that and we incorporated that
canopy into the facility and it is on the east side. They said, please, don't put it on the
west side by us, put it on the east side next to the golf course. We have three pumps
right here. So, they can have -- you can have up to six cars. This what you see here --
there is a door that opens, so people can call in or e-mail their order for produce and
come under the canopy and, then, their produce can be brought out to them and
according to my discussions with the Wagners they have a considerable number of elderly
customers that have a difficulty getting out of their car, so they hand carry their -- their
veggies and fruits up to them. Mr. Larson went to his architect and he said , you know,
there is, obviously, an agricultural use and a history to this property and I want you to
come up with a design that preserves that agricultural character of what the Wagner s
have built for 35 years. I think he's done it. They have done an excellent job. It's -- it
looks like a neighborhood market. It fits with the old agricultural history. When the
Wagners first started here there was no Spurwing golf course, there was no West Wing
Subdivision, there was no Costco coming in, they were the only ones out there and it was
ag all the way around them and everything kind of grew up and as the Wagners indicated
to me, they came to a crossroad that our business can't expand, we got this little bitty
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barn that's very very old, because I go to the Wagners and get fruits and veggies. They
have the best watermelons. And they said, you know, we just can't expand, we can't meet
the demand, we don't have enough parking and -- and we need to do something. So, this
partnership that -- that they have created with -- with Paul has, obviously, came to fruition
and created something that is unique, something that can say this is Meridian, this is --
this is part of our history and you can see there is ample parking along the front, along
the rear. We have good circulation. This is a sign that -- that's out in front of the Wagners
and has been for many many years. Here is a site plan as you can see, but we feel that
-- that this particular project is allowing a business that currently employs 25 people to
expand, to add additional services to this area. Like I said , Costco will have their own
fuel facility, but this will meet the neighborhood needs. It's going to capture traffic as it
goes down Chinden and they anticipate having local meats, local baked goods, all kinds
of local jellies, specialty items that you would not find at say a Jackson's or a Maverick. I
left my boards with the elevations and the site plan with the Wagners last summer, so
they could show their customers what they were thinking, because they wanted to know,
you know, will -- will our customer support this. The overwhelming response was we love
it. We think this is awesome for you to expand , to stay at this location, to keep serving
our community is perfect. And Deb Wagner got 450 signatures in support of the
application that's before you. Now, in my 30 years of planning I have never had an
application that had 450 signatures in support of it. Maybe 450 opposed, but not
supporting it. So, they have quite the customer base. The e-mails and calls and they
have approximately 500 customers per day and so this is just kind of an expansion of an
existing use and we are excited to be here. Your staff -- I would like to thank Stephanie
and Caleb and Bill who worked with us throughout this process to -- to make this site plan
and these elevations what you see tonight. It was definitely a group effort and I think that
this is a grand use for this property, because what it's designated doesn't make sense
and so this commercial designation and rezone to C-C that we are requesting I think is
reasonable based on the state highway, that it's at an arterial intersection, and we have
gone -- we have worked months and months to get to this point. It hasn't been an easy
process. We have put our -- our permit into ITD. It's being reviewed by Erica Bowen at
this time and she asked some questions about it, which I e-mailed her this morning to
answer her questions, but the key thing is to keep these businesses in Meridian and --
and I love -- I love doing that. Whenever I can help an existing business expand, find a
new site, it's fulfilling and -- and it's just a pleasure to work with these people. They have
been very kind and very supportive. They are here this evening and I hope that the
Council can support this and if you have any questions I would be glad to answer them.
De Weerd: Thank you, Becky. Council, any questions for Becky at this point?
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: A couple of quick ones. First, hats off to you and, wow, that design is fantastic.
McKay: I think it is, too.
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Borton: I seem to recall way back -- it might have been 12, 13 years ago, this northern
approach was an emergency access to -- what got approved, those townhomes?
McKay: Olive Tree at Spurwing patio homes.
Borton: Yes.
McKay: Yes, sir.
Borton: So, is there anything about this design that jeopardizes that emergency access?
McKay: No. Madam Mayor, Councilman Borton, what we ended up doing is we did get
a permit for an emergency vehicle access and, then, we ended up -- the Andersons did
not want us to cross that fairway with an emergency vehicle access, so they allowed us
to construct an emergency vehicle access to the north up to the public street that goes
from Spurwing into Spurwing Greens and it's also your sewer access road. So, it acts as
a dual sewer access road, emergency vehicle access road, and that was constructed two
weeks ago.
Borton: Got it. Perfect. Thank you. Madam Mayor, one other question. The pathway
that you referenced on the south, is that adjacent -- adjacent to the easement that ITD
wants preserved or is it within the easement? You talked about it perhaps being drainage
and --
McKay: Madam Mayor, Councilman Borton, that ten foot pathway is at the very edge of
the 30 foot easement adjacent to where we are going to install our trees and -- and
landscaping.
Borton: So, outside the easement itself or just --
McKay: At the very -- at the northern -- or the northern edge and ITD has said that they
will allow that ten foot pathway within that easement. They are comfortable with that.
Borton: So, I only ask because you had referenced easement perhaps being for drainage
use -- usage. Is there any likelihood or risk that -- that the pathway would be subject to
drainage?
McKay: No. The -- what ITD assured me -- I did meet with Amy Revis, the District Three
engineer, about this particular project and she said that they definitely anticipate needing
30 additional feet of right of way that you see right here and the 30 foot easement was
just in the event that they may need some drainage area. However, she said the ten foot
pathway would be fine. It would not inhibit them from utilizing their drainage or -- or
compromise the pathway and, then, the staff has asked for a pedestrian path to the west
and we have agreed that we will put it there, but I don't have any control over that West
Wing homeowners association. We kind of had a debate at the neighborhood meeting.
They said we would like to be -- have the ability to walk over and get our veggies and our
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fruits, but we don't know if we want the Spurwing Greens people walking through our
neighborhood and -- and across our private lot, because of liability, to get to the facility.
So, we will put it there, but I don't control what they will allow me to do. They may put a
gate there, so only they can get in. I don't know. But any pedestrian access, obviously,
will help the site and so even if this just serves the West Wing neighborhood, we still have
the ten foot multi-use pathway and their pond is right here, so when ITD does expand
Chinden to five lanes, I would assume that they will have to deal with the West Wind -- or
West Wing neighborhood association on that common lot and, then, that ten foot pathway
would be part of that project. So, yeah, we do -- we do the best we can.
Borton: Okay. Makes sense. Thanks, Becky. Council, a ny other questions of the
applicant? Okay.
McKay: Thank you.
Borton: Mr. Clerk.
Johnson: There were no sign-ups.
Borton: That speeds that up. Is there anyone here in the audience who hasn't signed
up? Denise, come on forward if you would like to provide some testimony. Welcome.
Thanks for being here tonight.
LaFever: Hi. My name is Denise LaFever. I'm at 6706 North Salvia Way and I would like
to start by saying at the neighborhood meeting there were several of us, including myself,
that object to the fuel pumps. We love the public market. We like the design. We
welcome them having the convenience store and the public market. We are opposed to
the fuel pumps themselves. There is 30 gas pumps that have been approved at Costcos.
Over at McMillan and Ten Mile the Jacksons has got gas right there. You have gas down
at Fred Meyers and that's just a lot of gas within the area. This is a small service provider
that puts the homes in the area at risk and I did talk to Bill and Bill did state that there was
an issue with -- a concern that they would be able to make any money off the fuel given
the volume and they don't need a turn lane. This right here, the current use is residential
and agricultural, in which the Wagners live on the property, raised their grandkids, dogs
are freely running around. We love the property. It's great to visit . Once again, we only
oppose the fuel pumps. Given -- given the intensity of the use with the fuel pumps and
the way that -- with the Wagner Farm public area, we would like to see a left-hand turn
and a right-hand turn. This isn't unusual. The actual gas station that's at Middleton and
Chinden has a right-hand turn into their property. If you look at another state facility that
would be similar as a convenience store and a gas area , you would go up to Horseshoe
Bend, the gas station up there also has a right-hand turn. Fred Meyers has a right-hand
turn. Brighton, who has a convenience store that was just approved , has a right-hand
turn. We would like to see your right-hand turn in there. Yes, they are going to expand
the area, but by literally not putting right-hand turns in that backs up the traffic when
people are trying to get by. So, that basically renders one lane not usable when people
are trying to turn to get in there. So, basically, overall, the actual produce and everything,
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we love it, we welcome it. There is a lot of other uses they could do with that. We just
are not -- we are not fond or in approval with the actual gas pumps. It's just -- it just puts
us at too much risk. What happens if the operator doesn't maintain it? You have got an
irrigation pond right there. You have got all those houses right next to it. So, we do have
some very valid concerns about that and, especially, with 30 plus gas pumps right across
the way. There is really not the need. So, that's all I have to say.
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: Denise, a question. Thanks for being here each week. The other day
somebody was talking about citizens who participate and I said we have got a citizen who
comes that I know her address by heart. So, I really appreciate you coming and
participating. I think you're a great voice for our citizens and represent that part of
community really well. I was surprised to hear the comments about the fuel pumps and
I'm hoping that you can help me un derstand that a little bit more. Is it just you're fearful
that the -- the current standards for placing fuel pumps underground aren't up to par and
that they will fail? Is it -- I'm trying to understand that.
LaFever: It's the fact that we already have so many fuel pumps with 30 going at Costcos,
Jacksons, Fred Meyers. There is already so many fuel areas in -- in the area. We are
concerned that there is a holding pond next door and you have got estate properties there.
You know, we are very concerned about that and that puts a risk with having a fuel station
right next to those housing. What happens if something happens there? So, you know,
there is some concerns.
Cavener: Madam Mayor. I guess I'm just -- I'm -- I'm failing to articulate what those
concerns are. Just that there is too many?
LaFever: There is too many fuel pumps already in the area. Costco has 30 right across
the street. You know, like I said, we welcome the market, it's a beautiful market, it's a
beautiful design. The Wagners have done a great job. We love visiting there. The fruit
and the produce is great. Even all the other additional little homemade things that they
put in there are fantastic, you know. So, there -- there is a lot of other things they could
do. They could do a Farm to Market restaurant. There is a lot of other uses they could
couple in there that would be better to serve the neighbors, so --
De Weerd: Any other questions for Denise?
Johnson: Madam Mayor, there were no sign-ins.
De Weerd: Okay. Is there anyone who would like to provide testimony? Okay. Would
the applicant like to make any final remarks?
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McKay: Thank you, Madam Mayor, Members of the Council. Becky McKay. One, as far
as the operation of this facility, it's 6:00 to 11:00 p.m. They will turn the pumps off at night,
so they are not available. Costco may have 30 pumps, but it's a whole different
atmosphere. The six pumps that we have, which are just, basically, three units with two
pumps on each side, they are going to offer to put gas in their car. So, they will have an
attendant --
Cavener: Full service.
McKay: Full Service. Yes. Unlike what you can find at Costco. Right now Mr. Wagner
currently has two above ground tank -- gas tanks, which he says is not -- that -- that often
that people come in and they are like, oh, I'm out of gas, could I get some gas from you
and he will gas them up. So, this -- you know, they are the above ground. Obviously
there are very stringent rules on subsurface. Dual lined. Dual walled tanks. I did the
Jacksons at Middleton and State Highway 20-26. Got all the entitlements at the city of
Caldwell. That's a store that -- it's high volume and it's at Middleton and 20-26. It
warranted that turn lane based on the number of pumps, based on the size of the store.
This is not a Jacksons. This is not a Maverick. It's -- it's a community neighborhood
market that offers services that no one else offers. We can't put in a turn lane unless we
meet the warrant. We had a traffic engineer do the analysis. ACHD evaluated it. ITD
has evaluated it and said it just doesn't warrant it. We are at a signalized intersection.
Unlike a lot of C stores where they are located at an intersection, but their approaches
are beyond the intersection. So, they are conflicting. There may be 440, 330, right-in,
right-out or 660, full access, like at the Jacksons at Middleton and 20-26. This has a light
to go in. People will have a light to get out. It's a unique situation. It's the perfect situation
for a C store and market, in my opinion, because people will be -- it will be easy for them
to get in and get out and they are not conflicting with that traffic flow. But this is something
unique, something we haven't seen and -- and I think it's going to benefit Meridian and
benefit the neighbors and they're loving it. That's the first negative comment that -- that I
have heard concerning the fuel. Like I said, their -- they will be offering to fuel vehicles
up for people. They will have an attendant. They will be running out produce and fruits
and it will -- I'm excited. I can't wait to go there.
De Weerd: Thank you, Becky.
McKay: So, I ask you support this. Thank you.
De Weerd: Council, any questions for Becky? Any further information needed from staff?
Stephanie, anything else you need to add?
Leonard: I don't really have anything further to add -- sorry. Madam Mayor, Members of
Council, I don't have anything further to add. Just I guess the note on the comp plan
update that we have been doing, the way that that kind of works is we spoke with them,
we basically encouraged that they either do it with our update or they could proceed with
the comp plan map amendment application as they did. It's not necessarily something
that we would have changed on our own or that we may have supported with the update ,
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but it's totally depending on what the project is and how it's going to interact with the
neighborhoods around it and in this case this project does support several of our comp
plan objectives and goals, so that's generally why staff and Commission was supportive
of the project, so --
De Weerd: Thank you.
Leonard: Thank you.
De Weerd: Okay. Council.
Bernt: Madam Mayor?
De Weerd: Mr. Bernt.
Bernt: I move that we close the public hearing for Wagner Farms, H-2019-0035.
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: ALL AYES.
Bernt: Madam Mayor?
De Weerd: Mr. Bernt.
Bernt: I move that we approve Wagner Farms, application of H-2019-0035.
Milam: Second.
De Weerd: I have a motion and a second. Any discussion?
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: A couple of quick comments. I echo Council Member Borton's thoughts about
the design on this. It just looks awesome and with each application you reserve judgment,
you look at the packet and the testimony before we render a decision. I know that there
is different members of our Council who get excited about these big scale employers that
are choosing Meridian. To be candid, this is one that I have been really really excited
about. This is Meridian and to also hear that this is going to have full service gas -- as
silly as it sounds, I -- one of my first jobs was a full service fuel attendant and you don't
realize what the need there is for something like that in our community. There are so
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many elderly and senior citizens and those of us that just don't like to get out of our cars
when it's rainy, that I just think that's going to be just a hot commodity. So, I appreciate
the -- the testimonial about the fuel piece. Ultimately I -- I trust the standards to install
these fuel systems underground and don't have concerns that they are not going to be
maintained. If there is anything you can say about the Wagners, they have been
maintaining their land above par for a long time and I feel real confident they are going to
be able to do that as well. So, I'm supportive of the motion. I'm excited for this. Thanks
for staying with us in Meridian. We have grown up all around you and I'm really excited
to see this next step for you all.
Bernt: Madam Mayor?
De Weerd: Mr. Bernt.
Bernt: Madam Mayor, I echo the comments of Council Member Cavener. I mean there
is nothing better that when local business fuels our economic development and there is
something to be said about local business who care and it's , honestly, not about the
bottom line, you know, it's so -- it's so prevalent when -- you know, when these national
companies come in and they do business and we are grateful for those -- those folks, but
when it doesn't seem right they leave and leave a gap in what we do and I think what
fuels our economic development are those who passionately care about the ci ty that we
live in and there is nothing better that promotes that than a local business. So, I
appreciate the Wagners and the partners and investing -- continuing to invest in our
community. It's a big deal. Thank you so much. I'm definitely in approval of this -- of this
application. It's a big deal.
De Weerd: Any other comments? I guess I, too, would say congratulations on this. I
appreciate that the gas pumps did move and that -- that they are not next to the neighbors
and -- and I had heard from a group about C stores and -- and they are a group that's --
that talk on behalf of the locally owned and -- and what great community partners they
are and this -- this just emphasizes exactly what I heard during this presentation in terms
of both locally owned, really do care. They are an important part of a community and you
can see that in the thoughtful design is -- that has been pointed out, but -- and the attempt
to bring the gas into a different -- different design that -- that makes it feel like it's part of
it and it makes it feel like it's part of that customer orientation that -- that Wagner Farms
wants to -- to be known for and is known for. So, just adding my voice to the others. I'm
usually not a fan of Comprehensive Plan changes, in particular as we are going through
a major update, this is less than five acres, it -- it fits and it's what was envisioned when
we first came out with our -- our conference plan that we are closing out now is that
neighborhood service component and a feel to that -- that -- that neighbor orientation. So,
thank you. And thank staff for -- for working with them on that. If there is nothing further,
Mr. Clerk, will you call roll.
Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt,
yea.
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De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: So, the whole first hour of this meeting I was like almost crying and I'm like finally
we get to land use, because nobody's going to make me cry and it's happening in land
use. So, I -- just a challenge to the next applicant, you know, it's pretty easy at this point
to push my buttons and make me cry, but --
B. Final Plat Modification for Olivetree at Spurwing (H-2019-0055)
by Spurwing Limited Partnership, Located at the NE corner of
W. Chinden Blvd./SH 20-26 and N. Ten Mile Rd.
De Weerd: Isn't it fun when a C store can make a city council cry. That's pretty amazing.
Okay. Item 10-B is -- is a final plat for H-2019-0055. This applicant has requested a
continuance. Sonya, do you -- do want to make any comment on the basis of that
continuance?
Allen: Madam Mayor, Members of the Council, the applicant is here. That's also Ms.
McKay. If you would like her to speak to the request. But just in short they are asking to
be continued to the June 11th meeting in order for her client to address some of the
conditions in the staff report.
De Weerd: Becky, do you want to make a comment on the basis of the request for
continuance on Item 10-B?
McKay: Becky McKay. Engineering Solutions. 1029 North Rosario, Meridian. Yes, we
received the staff report. I was unable to get ahold of my client until today and he said
that he needed some time to review the staff report. Staff had some recommended
conditions of approval and, then, staff wanted us to take some photographs of the white
delineating stakes out at Spurwing to bring back to the Council. So, we are respectfully
requesting that that be deferred until June 11th. I have a hearing June 4th at the Star City
Council. So, I can't be in two places at one time. I have tried it and it's really stressful.
De Weerd: June 11th is a workshop.
McKay: Oh, is it?
De Weerd: Oh, no. Right. It's not.
McKay: It's not. Okay.
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De Weerd: We just changed the format.
McKay: So, we respectfully request a deferral to June 11th. For me to meet with my
client, get pictures to the staff, so we can come back before you with the appropriate
information. Thank you.
De Weerd: Okay.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: Just tickled that we have got four land use Tuesdays. So, June 11th seems
totally appropriate and it is with great pleasure that I move that we continue Item 10-B, H-
2019-055 to June 11th.
Bernt: Second.
De Weerd: That was an enthusiastic motion and a less enthusiastic second and I'm
feeling it, too, because usually that second Tuesday evening sometimes -- sometimes
rarely -- gave us an opportunity to have a Tuesday night off , but -- I have a motion and a
second. Any discussion? Mr. Clerk.
Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt,
yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
C. Public Hearing for Bainbridge Southeast (H-2019-0042) by
Brighton Investments, LLC, Located on the West side of N. Ten
Mile Rd., Approximately 1/2 mile South of W. Chinden
Blvd./SH20/26
1. Request: A Preliminary Plat Consisting of 21 Building Lots and
7 Common lots on 5.25 acres of land in the R-8 Zoning District
De Weerd: Item 10-C is a public hearing for H-2019-0042. I will open this public hearing
with staff comments.
Allen: Thank you, Madam Mayor, Members of the Council. The next application before
you is a --
Bernt: Madam Mayor? Excuse me. I don't meant to interrupt.
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De Weerd: I'm sorry.
Bernt: I'm sorry, Sonya.
De Weerd: Mr. Bernt.
Bernt: Like last week I have business interests involved in Bainbridge with -- with multiple
clients and so I'm going to have to step away and recuse myself from this portion of the
application.
De Weerd: Okay. Thank you.
Allen: All righty. The next application before you is a request for a preliminary plat. This
site consists of 5.25 acres of land. It's zoned R-8 and is located on the west side of North
Ten Mile Road, approximately a half mile south of West Chinden Boulevard. This property
was previously annexed and included in the preliminary plat for Bainbridge Subdivision.
The Comprehensive Plan future land use map designation is medium density residential,
which calls for three to eight units per acre. A new preliminary pla t is proposed consisting
of 21 single family residential building lots and one common lot on 5.25 acres of land in
the R-8 zoning district. The plat has been revised since the original submittal, which is
on the upper left there, to the revised version there on your right. The revised plat reflects
a stub street to the out parcel from North Fairbourne Avenue, rather than from the south
Via Lake Rapid Street to alleviate the long cul-de-sac length. So, if you look right here
where my pointer is, that's where the stub is now. A minimum of ten percent qualified
open space and one site amenity is required to be provided based on the area of the site.
The applicant is proposing 13.14 percent or .69 of an acre of qualified open space
consisting of parkways along internal local streets, a common area in excess of 50 feet
by 100 feet in area and half of the street buffer along Ten Mile Road. The applicant is
requesting the extra amenities provided with the larger Bainbridge Subdivision consisting
of a second community swimming pool and playground in phase nine abutting the sight
to the west, are allowed to count as site amenities. The -- for this development. The
Commission also recommend -- recommended that the applicant provide a beach or --
excuse me -- bench or a seating area in the common area in this development as an
amenity. This subdivision will be included in the homeowners association for the larger
Bainbridge Subdivision and will have access to the same common area and site
amenities. A 20 foot wide gravity irrigation easement exists along the southern boundary
of the site within the adjacent proposed building lots and that's called out here on the
revised plan. The Council previously approved this easement to be located within
adjacent building lots, rather than in a common lot. The applicant is requesting Council
extend that approval to the proposed plat. Concept building elevations were submitted
for the proposed single family residential dwellings as shown, consistent with those
constructed in previous phases of Bainbridge Subdivision. The Commission is
recommending approval of the subject preliminary plat. Mike Wardle, Brighton
Corporation, testified in favor of the application. No one testified in opposition or
commented and there was no written testimony submitted. The only issue of discussion
by the Commission was the provision of a site amenity in the common area near the cul -
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de-sac. The Commission did add a requirement for the provision of a site amenity, such
as a bench or seating area in the common area in Lot 10, Block 32, and the only
outstanding issue for Council tonight is the request for a waiver to the UDC 11-3A-6D to
allow an existing 20 foot wide irrigation easement along the southern boundary of the
side, as I previously mentioned, to be located within adjacent building lots as previously
approved with the preliminary plat for Bainbridge Subdivision. There has been no written
testimony submitted since the Commission hearing. Staff will stand for any questions.
De Weerd: Thank you, Sonya. Council, any questions?
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: Question for fire if possible. Joe, on the -- in the staff report it talks about that
the project doesn't meet the access width for a turnaround. How problematic is that?
How problematic is it for the people that move there?
Bongiorno: Madam Mayor and City Council, I was just about to ask Sonya that same
question, because I have not seen this plan yet. I am assuming it's got a 48 foot in
diameter -- or radius cul-de-sac on it, because the original, as you see on the left there,
did not meet the turnaround requirements. So, I'm assuming Mike will take care of that
when he comes up and talks.
De Weerd: Okay. Hi, Jon. Thank you for joining us. If you will, please, state your name
and address for the record.
Wardle: Good evening, Madam Mayor. For the record Jon Wardle, 2929 West Navigator
in Meridian. 83642. We are -- we did make a revision to the plan with a cul-de-sac instead
of the -- well, we affectionately called it as a Snoopy turnaround and it will meet the
requirement to satisfy the fire department. So, this -- this change does address that. We
are in agreement with the staff report that's in front of you and we are willing to make that
change to the plan as shown in the revised drawing here that will allow a public street
access to the out parcel, which belongs to the Johnsons and we are also asking for your
consideration and approval, the continuation of the 20 foot easement in the rear of those
lots. Those lots are deeper, as we have done along that entire boundary, and we
discussed several weeks ago in a different part of Bainbridge, so that those can be
accommodated with that access for the irrigation easement on our southern boundary.
This will be part of the Bainbridge project. It's part of the same HOA. It's within the same
annexation and rezone process that came before you several years ago. As we just
worked our way through the project and this is the last five acres, we needed to address
the change of lots added here or there and because of that and that's why the preliminary
plat is in front of you tonight to make this in compliance with the original plan. So, I would
stand for any questions you might have tonight.
De Weerd: Thank you. Council, any questions?
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Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: Real quick, Mike, if I heard it right, the P&Z -- or, excuse me, the staff
recommendation on adding a bench to the green area, you would -- your request is in lieu
of that to account for the other amenities, the second pool, et cetera, that are available to
this -- these people in --
Wardle: Madam Mayor, Council Member Borton, no, we actually will do that. We will add
the bench and that -- well, the P&Z requested in addition to the other amenities that we
have in the rest of Bainbridge. So, we are not asking you to remove those, we will go
ahead and do that. That's not a problem.
Borton: Got you. Madam Mayor, one -- it's a request. I don't know how you address it
here on the irrigation easement within the property. We are hearing that, you know, more
and more and I understand this might be a continuation , but I don't have the answer to
what's the best way to -- to really overtly inform the homeowners and each subsequent
homeowner of that commitment to the back portion of their property. I know it's in the
recorded documents, right, but it would be nice -- you know, we consider a waiver on this,
we customarily wouldn't grant, right. There is a reason we don't want it in the back lot,
but to at least, you know, kind of articulate that extra effort to -- almost like a separate
signatory upon the property transfer that acknowledges that to the homeowners, just so
it's not a problem down the road.
Wardle: Madam Mayor, Councilman Borton, it's a good question and what we have done
as this has gone through other parts of Bainbridge is we -- when we sell these lots to the
builders we have been highlighting this. It is a disclosure item that we give to them. We
also have -- have addressed it through some small placards that show -- what we have
been doing is putting the fence line in that would go over that easement area to begin
with. We are required to put a fence in there. So, instead of just leaving that to the
homeowner, we have been putting that first 20 feet of fence in so it goes across the
easement, so there is not a problem with them putting a fence in the middle of that pipe
as well. So, we have been trying to address it as we have gone through. I know this isn't
ideal. It wasn't a situation that we had anticipated when Bainbridge went forward,
because the project itself was supposed to have a common lot, as were we, and that was
removed and so we have just been dealing with the easement and as we have gone along
here. So, I understand the concern and we have been trying to inform both builders and
hoping that that's going down the row with their homeowners as well.
Borton: Madam Mayor? I will make an ask if you want to volunteer for -- on this. You
know, as we consider these down the road, if you -- if you thought of -- you know, if the
Council is going to consider this concept of an irrigation easement being within the
property line, here is kind of maybe three or four things any applicant should provide to
the city to answer that concern. Maybe some co nsistent -- you know, if you did these
couple three things. You have suggested some of them, but -- you don't have to answer
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right now, but it would be nice to have staff help future applicants to say, you know, if
you're going to make this request for a waiver here is three elements that the city might
like to see to help alleviate that concern. That's kind of a homework assignment perhaps,
but just so we don't lose sight of the discussion . You have got good ideas, but I would
like to consistently apply them, too.
Wardle: Madam Mayor, Councilman Borton, will do.
Borton: Thanks.
Wardle: Thank you.
Milam: Madam Mayor?
De Weerd: Mrs. Milam
Milam: Jon -- so, just to give you a little background, I appreciate you bringing that up,
because this happened to me and I didn't know there was an easement until I tried to put
a swimming pool in my backyard and I had already paid for part of it. Anyway, it turned
into a big deal and the answer to me was, well, it was in your -- it was in your documents
when you bought the house and, you know, the truth is I would say -- I would not say
nobody, but almost nobody reads every word of every document that they are handed at
a title company. So, if there is a way to warn people of it -- like you said, highlight it or put
marks on the property or something and just really -- it really would be helpful. I learned
my lesson. Not really, because I bought my house since then and I didn't read all the
paperwork.
De Weerd: Any other questions for our applicant? Thank you, Jon.
Wardle: Thank you.
De Weerd: This is a public hearing. Mr. Clerk, is there anyone signed up to testify?
Johnson: Madam Mayor, no one signed in in advance.
De Weerd: This is a public hearing. Is there anyone who wishes to provide testimony on
this item? Okay. Council?
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: I move that we close the public hearing on item 10-C.
Little Roberts: Second.
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De Weerd: I have a motion and a second to close the public hearing on 10-C. All those
in favor say aye. All ayes.
MOTION CARRIED: ALL AYES.
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: I move that we approve H-2019-0042 and to include all staff and applicant
testimony.
Little Roberts: Second.
De Weerd: Have a motion and a second to approve Item H-2019-0042. Any discussion
from Council?
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: Just making sure for the maker of the motion and the second. Does that
includes the waiver of UDC 11-3A-6D?
Milam: Yes.
Little Roberts: Second concurs.
De Weerd: Okay. If there is nothing further, Mr. Clerk, will you call roll.
Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, ye a; Little Roberts, yea; Bernt,
absent.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
D. Public Hearing for Gander Creek (H-2019-0013) by Trilogy
Development, Inc., Located at the SW corner of N. McDermott
Rd. and W. McMillan Rd.
1. Request: Annexation and Zoning of 125.68 acres of land with
an R-8 zoning district; and
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2. Request: Gander Creek North Preliminary Plat consisting of
156 building lots and 29 common lots on 51.46 acres of land
in the R-8 zoning district; and
3. Request: Gander Creek South Preliminary Plat consisting of
256 building lots and 36 common lots on 65.64 acres of land
in the R-8 zoning district
De Weerd: If someone can grab Mr. Bernt. Okay. Item 10-D is a public hearing for H-
2019-0013. I will open this public hearing with staff comments.
Allen: Thank you, Madam Mayor. The next applications before you are a request for
annexation and zoning and two preliminary plat applications, one for Gander Creek North
and one for Gander Creek South. This overall site consists of 117.1 acres of land. It's
zoned RUT in Ada county and is located at the southwest corner of West McMillan Road
and North McDermott Road. Back in 2015 an application for annexation and zoning and
a preliminary plat under the name of Copper Brook Subdivision was denied on the
northern portion of this site due to Council's finding that it was not in the best interest of
the city to annex the property at that time. Since that time the property to the south, the
Owyhee High School site, was annexed and the developers came back with the earlier
portion of the site, as well as a larger area to the south. The Comprehensive Plan future
land use map designation for this site is medium density residential, which is three to
eight units per acre. This development application was submitted and went to the
Planning and Zoning Commission under one preliminary plat application. Since that time
it's been bifurcated into two separate preliminary pla ts due to the site being bisected by
the Five Mile Creek, which is owned by the Nampa-Meridian Irrigation District and not the
adjacent landowner as is typical. Therefore, they -- they are required to do two separate
preliminary plats on these. The overall number and configuration of building lots and
common lots has not changed. The staff report was updated accordingly. Annexation
and zoning of 125.68 acres of land with an R-8 zoning district is requested consistent with
the medium density residential future land use map designation for the site. The
preliminary plat for the northern portion of the development consists of 156 building lots
and 29 common lots on 51.46 acres of land. The southern portion of the development
consists of 245 building lots and 36 common lots for an overall total of 401 building lots
and 65 common lots. The overall subdivision is proposed to develop in nine phases , as
shown on the phasing plan on the right, which staff recommends is allowed to develop as
one project, instead of two. So, again, the line through the site here is the Five Mile
Creek. The portion north is Gander Creek North, the portion south is Gander Creek
South. I'm showing you this overall landscape plan just for ease of looking at it a little
better. The minimum lot size for the overall development is 4 ,000 square feet, with an
average lot size of 6,002 square feet. Five different sizes of lots are proposed 4,000,
5,000, 6,000, 7,000 and 8,000 square feet lots for the development of traditional front -
loaded lots and rear-loaded alley lots. A lot size rendering was submitted as shown that
demonstrates the variety of lots proposed within the development. There are two existing
structures, one on the north and one on the south, that are within the future right of way
area that are proposed. Excuse me . Only one of those is proposed to remain as soon
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as the right of way acquisition occurs for State Highway 16 and/or the construction of
State Highway 16 commences and that is the residence that's right here at the corner of
McMillan and McDermott. The other residence is further to the south and it will be
removed with development. One access is proposed via McMillan Road and two
accesses are proposed via McCrossen Avenue, the proposed mid mile collector street. A
crossing over the Five Mile Creek is proposed at the quarter mile and that is right there.
State Highway 16 is proposed to be extended along the eastern boundar y of the site
within 300 feet of land designated for future right of way. ITD has hired Jacobs Design,
who is recommending a modified selected alternative for the design and construction of
State Highway 16, which has changed since the submittal of this application. One of the
major changes from the previous design approved with the environmental document is
that the highway is now elevated over McMillan Road, instead of McMillan going over the
highway. The potential impacts to this development could be more development area
along McMillan Road, resulting from a lesser amount of right of way for the slope
easement needed for an overpass over McMillan Road and different noise impacts to the
residential properties from the elevation of the state highway. A ten foot wide multi-use
pathway is proposed along the west boundary of the site within the buffer along the
McCrossen from the south boundary to the north boundary of the Five Mile Creek
continuing to the east to the quarter mile and, then, north through the development and a
proposed park to McMillan Road. So, it's the blue line right here that you see and, then,
it just comes right up to McMillan here. Each preliminary plat complies with the minimum
ten percent qualified open space and site amenity standards. The northern area contains
12.11 percent or 6.23 acres of qualified open space and the southern area contains 10.5
percent or 6.89 acres of qualified open space. Site amenities consist of a swimming pool
with a playground, picnic shelter and half basketball court in the 2.11 acre park at the
entry of the development from McMillan Road in the northern portion of the development.
Another playground and picnic area in the 2.64 acre park at the entry of the development
from McCrossen Avenue in the southern portion of the development. A picnic shelter in
the one acre park also in the southern portion of development. A long segment of the
city's multi-use pathway system along the west boundary of the southern portion of the
development running along the north side of the Five Mile Creek to North Glasford Way
and north to McMillan Road and many internal pedestrian pathways in excess of UDC
standards. Conceptual building elevations were submitted for the proposed single family
residential detached homes from Presidio and Biltmore builders . The Commission did
recommend approval of this application. Madam Mayor, would you like me to go through
the summary of the Commission hearing? It's quite lengthy. I can or I assume you have
reviewed it in your staff report as well.
De Weerd: Council -- if they have any questions about that I will invite them to ask.
Allen: Thank you. And, then, I will just go over the written testimony. There was only one
letter of testimony received from Bob Taunton, the applicant's representative, and he is
requesting the following changes to the staff report -- and I will just go through those real
quick. You should also have a copy. Condition A.1.G and A.1.H, the deletion of parcel
number S0432110500, as the home on that parcel will be removed and will not remain
until the extension of State Highway 16, like the other one, that's the one I mentioned
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earlier. The one at the corner is planning to remain until State Highway 16 is extended
and staff is okay with this change. Second ly, condition A.2.H amends the condition to
reflect the rename of West Middle Creek Drive to West Plateau Creek Street. Staff is
okay with that change as well. Condition A.3.E, delete the condition requiring fencing to
be installed on the southern side of the pathway along the Five Mile Creek per Tim
Warren, Parks Department, e-mail stating the drain is not classified as live water,
therefore, fencing shouldn't be required. Staff is not recommending approval of this
change as the UDC doesn't require fencing only if it can be demonstrated to the
satisfaction of the director that the waterway serves as -- or will be improved as part of
the development to be a water amenity as defined by the code. So, therefore, staff doesn't
recommend removing this requirement and condition A.3.J, the applicant requests
clarification of the requirement for noise abatement adjacent to future State Highway 16.
The Commission's motion required a 12 foot berm. It was staff's understanding a fence
or wall wasn't required. The Commission in their motion specifically said a 12 foot tall
berm. Staff was a little unclear if that was their intention, though, or if it was just the height
of the overall berm and wall. So, this is a diagram of what the applicant was proposing
originally and they were just meeting -- it was a -- I believe it was a four foot tall berm with
a six foot tall concrete noise abatement wall on top and that does meet the UDC
standards, but the Commission did feel that a higher berm was necessary in this case.
So, if you could, please, consider that in your recommendation. And one other item. The
applicant -- let me see here. Let me go back to the -- some outstanding issues for Council
I wanted to cover as well. The plan for McMillan Road crossing State Highway 16, as I
-- as I mentioned, may shift from an overpass to State Highway 16 actually going over
McMillan Road. This scenario would likely result in a lesser amount of right of way needed
along McMillan, which might enable the out parcel to possibly redevelop in the future with
buildable lots and that is this little one right here where my pointer is. In this scenario an
access to a local street should be provided with this development to that parcel as
required by the UDC. This could be accomplished by the provision of a common driveway
through Lot 36, Block 9, which is the common lot right here. Second, the applicant
requests Council approval of a waiver for the existing home located at the southwest
corner of McMillan and McDermott to not be required to hook up to city water and sewer
service, since it will be removed with the extension of State Highway 16. Then, lastly, the
applicant is requesting Council approval of a waiver to the block length standards as noted
in Condition A.2.H due to the site being constrained by site conditions that include an
abutting arterial street or highway and a large waterway, the Five Mile Creek, and I believe
the applicant has a couple slides for you on that in their presentation. That's all staff has
at this time.
De Weerd: Thank you. Council, any questions at this point?
Bernt: Madam Mayor?
De Weerd: Mr. Bernt.
Bernt: What would be staff's recommendation in regard to the wall -- the berm. Would
you prefer it to be as presented or what the Commission recommended?
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Allen: Commissioner Bernt, Madam Mayor, Council, staff doesn't necessarily have an
opinion on that. I think a 12 foot tall berm would be sufficient . But, you know, it's -- staff
is not a noise engineer or a sound engineer I should say. I really don't know what the
effects of the highway and where it ends up being . It's kind of an unknown factor at this
point how it's going to be constructed, if it's going to be at grade or elevated and in what
areas. You know, the sound will have different effects.
De Weerd: Any other questions? Would the applicant's representative like to come
forward?
Taunton: Mayor de Weerd, Members of the Council, my name is Bob Taunton. I'm
representing the applicant. My address is 2724 South Palmatier Way in Boise. So, we
are pleased to be here tonight and I want to thank staff for the great presentation. It's one
of the best ones that I encounter as I meet with other -- other agencies. Very thorough.
We have enjoyed working with staff and we certainly appreciate their recommendation for
approval. I will try not to be duplicating what Sonya has said, but -- are you going to move
the slides? Okay. Thank you. Okay. Well, my problem is I'm left handed and I always
mess it up. Okay. Okay. So, we have to go back up. There we go. Thank you very
much. So, Sonya has gone over the -- over the facts, so I won't go through the details of
the application, but I did want to note at the bottom that the ACHD staff report was -- was
approved. I think in the report that you -- you have has indicated that it had not been
finalized, but it was, in fact, finalized. It didn't go to Commission. There was nothing
controversial. There were no appeals. So, it was really a staff document. It went through
the appeal period and was approved finally on May 1st. We have gone over the -- the
waiver request. Don't need to talk about that any further. The location of the property, as
everybody knows, is along McDermott at McMillan. It's within the medium density
residential area within your comp plan. The area that is highlighted in sort of the pinky
color is the service sewer shed for the lift station at The Oaks. To the south, of course, is
the West Ada School District facilities. There are, of course, Nampa's comp plan area
that's to the south and to the west and Star's comp plan area is to the north. Again,
looking at the surrounding land uses, you can see that this is an area that's not isolated .
It's -- it will ultimately be influenced by what happens with Star and with Nampa as they
progress through their comp plan amendments. I don't believe that the -- the Nampa
comp plan has been -- an update that's taking place has been adopted, but the Star comp
plan was adopted on April 22nd and as Council knows, they decided to identify some land
uses within your planning area. So, I will leave it at that. Always an interesting situation.
The main thing I would like to talk about is your -- is The Oaks lift station and its sewer
shed. That's defined by the -- the dark black line. I have noted where Gander Creek is
here. This is a very limited east-west. It's mostly a north-south service area. It really
represents an opportunity to efficiently use the city infrastructure, which is available at the
lift station. Gander Creek has -- it's directly across the street from it. It also has easy
access to city water. The west boundary of the sewer shed is really a major development
constraint and I will explain in the next slide. The staff has requested there -- there be no
sewer stubs to the west, so there won't be any stubs that are along the mid mile collector.
The ultimate sewer plan for this four section area is a lift station that's at Can-Ada. So, if
you -- let's get straight here. It's located right here. It's two miles away along McMillan
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from the existing lift station. So, for a developer to consider -- to propose a development
that's west of where we are located, it would mean that they would have to pay the
expenses of putting in a gravity line all the way out to the lift station, building the lift station
and, then, doing a pressure line for another two miles to come back. An extremely
expensive off site development cost. It's -- so, really, your sewer shed is going to be a
major development constraint for a period of time and it's -- it's uncertain as to when
someone might step up and do that or if the city would be involved in -- in participating in
that. I don't know. But it's -- in the short term it's -- it's a major constraint. The West Ada
School District and Heartland, the applicant, signed a memorandum of agreement last
September prior to the approval of the West Ada annexation and rezoning. In that
agreement, which will become a binding agreement upon annexation of this property,
Heartland will extend the mid mile collector from the McFadden Drain, which is really the
north boundary of the West Ada School District's property, will extend that as a collector
road all the way up to McMillan. So, there now will be two public points of access for
people traveling to the school and school students to be able to get there as well. We will
complete that road when Owyhee High School is substantially complete and is applying
to the city for a C of O and we -- we understand that the move in probably for -- for the
school will be in July of 2021 and, then, the students will, you know, arrive shortly after
that. So, the road will be in place by really the summer of 2021 and this was the map that
shows the collector. It would start down here at the West Ada School site. The school
district will be responsible for building the bridge across the McFadden Drain. We will be
responsible for doing the bridge across the Five Mile Creek and it will end up here at
McMillan. It will be a three lane roadway at the intersection and, then, it will transition into
a half street, which is -- meets ACHD's standards, curb and gutter on one side, half a
street plus 12. Twelve feet of additional tables. An extremely safe roadway. We gave a
lot of thought to the community development principles . We were aware of the previous
application and the difficulty that it had and so we wanted to try to, you know, establish
some principles that we could follow in the planning and one of the main ones is -- is
housing choice and that's really providing a variety of housing products that cater to
different incomes, to different buyer preferences and, of course, life stages. We also were
focused on creating a healthy community. We have done a great deal of work with URI
on that topic and one of the best ways to encourage that is to have an active and walkable
community to make the healthy choice, the easy choice to encourage your residents to
get out, run, walk, scooter, you know, whatever around the neighborhood and take
advantage of some of the recreational activities. We also have a number of recreational
opportunities that Sonya has described, which caters to a wide range of users and ages
and also these activity areas, which are dispersed within the overall community, they are
great locations for gathering and interaction on the part of the residents and as Sonya
said we are connecting to the Five Mile regional pathway. The Meridian Fire Department
and Heartland have also signed a letter of intent and it deals with the property that's right
here at the -- here we go. At the southwest corner of the overall plan. It's approximately
four acres. The deal is that Heartland will donate approximately two acres, the Meridian
Fire Department will purchase approximately two acres at a below market purchase price,
which is, basically, the average of Heartland's land acquisition cost. The assumption was
that they were entering into a purchase agreement by May 1st, but that was assuming
that we might be at Council and have a successful outcome in April. So , obviously, if we
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are successful tonight that will happen fairly shortly and, then, they would close within 30
days of recording the final plat that includes the Meridian Fire Department property, which
is expected to be phase two. So, when we have a plat ready it will -- it will take place.
Sonya talked about the -- the diversity of housing products. Again, we have six products,
the lots ranging from 38 feet to 80 feet. A tremendous variety. We have alley loaded
product, which is the orange highlighted area. The larger lots are in the north section.
And the -- and the south section has more compact lots and the thought behind what that
was -- it was closer to the school facilities made more sense to increase the density in
that particular area. The landscape plan. Sonya went through it. One thing that we
added from the Planning Commission meeting is the pool in the south area . We did not
have a pool in the iteration that went before P&Z. So, we are adding a pool. The same
size as the one to the north, 20 by 50, and seven parking spaces, which is also the
situation up at the north end. In the parks and pathway, the idea here is we wanted to
create internal connectivity, but also connectivity to the school and P&Z had a couple of
suggestions for us and those are highlighted in the ovals, to create additional pedestrian
connectivity. So, we have got a great east-west, north-south connectivity across the
property. They had thought that it wasn't as direct as they would have preferred and so
that gives great access from the north side for our residents or even those that are coming
from the east side of McDermott to -- to be able to get to the school directly or they could
follow the trail that's the ten foot pathway that Sonya described along McDermott, through
the property, along the creek and, then, to the mid mile collector. She went through all of
the facilities that are in the various parks, so I won't go through that. So, the Highway 16
sound mitigation -- at Planning Commission the -- the discussion was a bit rambling and
it -- there was kind of an -- a bit of an arbitrary -- arbitrary conclusion to -- to what should
be there and our personal belief is that the Commissioners were speaking about a berm
as a general term for a berm and wall. The problem with having -- we don't object to a 12
foot height that has been recommended by staff. We were proposing a ten foot height.
The problem with a 12 foot berm is -- and to have, you know, reasonable slopes on it,
instead of a 40 foot buffer area we would probably need a 70 foot buffer area to be able
to do that. And, frankly, the -- the concrete sound mitigation wall is probably a better
alternative than -- than to the berm directly. It's more -- it's more opaque and really would
probably work quite well. So, we would be ten feet above the Highway 16 center line
elevation and, again, this is -- this is looking at the current condition where Highway 16 is
at grade and I will talk a little about the alternative that's being considered. One of the
things that we did do -- and this is an updated diagram from what Sonya had told you.
We are creating a lot owner easement. It was one of the ideas that was suggested by
staff in order to get away from a no man's land between, you know, the rear lot fencing
and this particular fencing. The police department is a bit concerned about that and so
we chose the option of creating a use easement in that buffer area, so the side yard
fencing will go all the way up to the sound wall and it also really -- you know, I think it's a
better solution for maintenance of the -- the landscaping that's on the berm. These are
the three areas that have the excessive block length. The -- the standard is -- is 750 feet.
According to staff's report we are at 763, 790 and 800 feet. Obviously, we are not at a
thousand or 1,200 or 1,500. The reason for that is that they are along the McFadden
Drain and along the Five Mile -- File Mile Creek area. We don't have the opportunity to
create alleys, do other crossings or other street crossings. But, really, when you think
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about the extra length, it's the width -- if it's 800 feet, it's the width of a 50 foot lot. So, we
are really not talking about a significant impact that we would really hope that the -- the
Council will agree to the situation. Highway 16 design and funding. Right now we are
consistent with the existing plans. We have spent a lot of time with ITD. Particularly we
spent a lot of time talking about the side slope on -- on McMillan and making sure that our
plan was in the right -- our subdivision was in the right location, so that there wouldn't be
any impediment that ITD -- ITD to build that overpass. The 300 foot right of way, which
was, you know, part of the record of survey for their preliminary EIS or the final EIS, we
have incorporated that as well. So, the possible revisions are -- well, as follows. And we
were in contact with Amy Schroeder just recently in -- in an e-mail to find out exactly what
they were doing and what they were thinking -- and I'm summarizing here. The
preliminary study results favor Highway 16 going over the east-west streets. So, not just
McMillan, but the other -- other streets as well. That won't be finalized until they go
through a public meeting, which is either at the end of October or in September. They,
then, will have to amend their NEPA, their EIS approval and subm it that to FHA -- I guess
-- I'm not sure who they actually submit it to. There will be an updated noise study model
done if they -- if they change the Highway 16 configuration where it elevates. So, they
will have to demonstrate in their EIS they are mitigating sound for their roadway based
on the new configuration. So, obviously, we have -- we won't be -- we are not part of that,
that's not something we can solve, it's really going to be an ITD requirement. The funding
and timing, we know that they have 90 million dollars for right of way acquisition and part
of -- part of that is to be able to, you know, kind of reduce project costs by looking at the
right of way and the configuration to see if they can sa ve some dollars. There is no
funding as we know for any appropriation for final engineering or construction and,
obviously, there is no -- no known time frame for that. So, this is the preferred alignment.
I think you have all seen that. Conceptual phasing -- because we have -- we have
identified the phases -- phasing -- that the Highway 16 is phases five to nine, that would
be at least five years out before we would get to phase five. So, there is a lot of time to
get a lot of things sorted out and if we got the change -- and I know what you're going to
say. But I just want to show you this. This is a sketch plan of how we could modify the
layout if there was not an overpass. It would be a very simple change to the -- to the
preliminary plat. It could be done in final plat. Am I overtime?
De Weerd: I think you know you are.
Taunton: Sorry. I had a few more slides to show you, but they were images of the -- of
the project, so if I can --
De Weerd: Council, any questions?
Palmer: Madam Mayor?
De Weerd: Mr. Palmer.
Palmer: What are your other images and your slides you were going to show us?
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Taunton: Madam Mayor, Councilman Palmer, I would be glad to show those, go through
them very quickly.
De Weerd: Because he asked you may.
Taunton: Thank you very much. So, these are a few of the project images that we have
developed to try and give Council, you know, kind of a three dimensional impression of
what the project would be like. Obviously this is the entry on McMillan. Plan to spend a
great deal of effort and money on the landscaping of course. This is an aerial view of the
same location looking at the entry road towards the park at the north side. The pool, the
playground, and the play fields. This is a view of the -- of the pool area in the north
subdivision. It will be comparable in the south subdivision. This is the playground facility.
The play field that is in the park. These are an example of some illustrations of the alley-
loaded housing that would front directly on the park. And I personally live in this situation
in Boise and I can tell you it's extremely attractive, very pleasant to have a sidewalk as
your front street and the park across it. This is an example of the conventional front drive
housing situation. Here is the south subdivision entry from McCrossen Street. This is an
illustration of what the fire station might look like. You can see the park in the background
and there is a close-up of the pool. Change -- change building and park, play field,
playground, et cetera, in the north. So, we really have a comparable situation both for
the north and south. And that is it. Thank you. Appreciate the opportunity.
De Weerd: Any other questions?
Little Roberts: Madam Mayor?
De Weerd: Mrs. Little Roberts.
Little Roberts: Madam Mayor. I have got a couple of questions. Bob, you mentioned
creating a collector, I believe along the west boundary and, then, did I hear you right,
called it a half street? Could you explain a little bit more about that? I'm a little curious
about a half street.
Taunton: Madam Mayor, Councilman Roberts, it's a standard practice to do a half street
where a developer doesn't own full right of way or there isn't dedicated right of way. It's
a very safe condition. You build half -- half of the -- of the roadway, which is half of 46
feet and, then, you add another 12 feet of pavement, but it's only -- and, then, on the --
on the far side it's gravel shoulder and a swale, as opposed to curb and gutter and
detached sidewalk on -- on the Gander Creek side. When you get more up to McMillan
it will actually expand to be three full lanes, an incoming lane, a left turn lane, and a
through right turn lane. So, it will be a proper intersection. And that section matches what
the school district is doing with their portion of the collector to our south.
Little Roberts: Great. Thank you.
Taunton: Thank you.
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Little Roberts: Madam Mayor, follow up on a different subject. If you could touch a little
bit on the two acres that the fire would be purchasing and two acres that you would be
donating. Who takes care of that until it's time to build the fire station?
Taunton: Madam Mayor, Councilman Roberts, I assume that once the property closes
that the city would maintain that property.
Little Roberts: And -- follow up. And you were looking at doing that -- it sounds like ASAP
-- you were speaking anticipating May it sounded like prior to some delays?
Taunton: Mayor de Weerd, Councilman Roberts, the -- we assume that the formal
agreement -- purchase and sale agreement will be executed -- if we are successful tonight
very quickly. But it would be when we record the plat for phase two. So, the phase one
has approximately 50 lots. It could be probably next year, but could be the year -- year
after when that plat is recorded and the parcel is created.
Little Roberts: Great. Thank you.
Taunton: Thank you.
De Weerd: Any other questions at this point from City Council? Okay. Thank you.
Taunton: Thank you.
De Weerd: Mr. Clerk, can you read who has signed up.
Johnson: Yes. The first person wishing to testify is Son ia Daleiden.
De Weerd: Good evening. If you will, please, state your name and address for the record.
Daleiden: Thank you. Good evening, Mayor and Council Members. My name is Sonia
Daleiden. I'm with Kittelson and Associates. The address is 101 South Capital Boulevard,
Suite 600, in Boise, Idaho. I don't have any specific testimony. We were the
transportation consultant who prepared the traffic impact study, as well -- as well as in
coordination with ITD related to the needs for the State Highway 16 improvement. So, I
just signed up in case there were any questions related to traffic or transportation or
connections to the school and if there is not I don't need to say anything further.
De Weerd: Council, any questions regarding the transportation aspect?
Borton: Sure. Madam Mayor?
De Weerd: Mr. Borton.
Borton: The recent new new information about preferred Highway 16 being elevated over
all of the east-west, are you able to share what might be expected as far as the height of
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it, kind of give me some scale of what elevated State Highway 16 could be adjacent to
this property.
Daleiden: Yeah. So, unfortunately, I don't want to speculate on that at this time. They
are still going through design -- design concepts at this point for that. Probably the best
thing to say it would be a standard expressway or highway overpass. So, similar to what
the overpasses on 84 or the connector would be, but I -- I wouldn't want to speculate on
specific height right now. Yeah.
De Weerd: Is it a moving target?
Daleiden: It is really and I -- again, I don't want to -- I'm not representing ITD here, so I
don't want to overstep my bounds at all, but, obviously, they are weighing a lot of
competing conflicts related to grading, borrow, fill, all that -- those sorts of things. So, I
don't want to speculate on the details yet. It's still a moving target. I think the most
important thing as it relates to this development is the fact that if the grades do change
and if the -- if it's now the expressway going over the side streets, that would trigger the
need to update the noise analysis and the EIS and similar they are -- they are underway
-- getting underway without evaluation right now and because the school is an approved
use, they are now accounting for that and in -- in the updated noise analysis they will be
doing if this development is approved, that would follow the same path and that would be
included in their updated noise analysis for the different configuration.
De Weerd: Any other questions? Thank you.
Daleiden: Thank you.
Johnson: Madam Mayor, next is David Bailey. Kevin Amar.
De Weerd: Good evening. If you will, please, state your name and address for the record.
Amar: Good evening, Madam Mayor, Council Members. My name is Kevin Amar. My
address is 1548 West Cayuse Creek Drive here in Meridian. I am one of the builders that
will be building in this subdivision and I wanted to tell you a little bit why we , as a -- as a
residential builder what we look for in a subdivision and why we chose these in
comparison with other ones in the community. We have also built in Hillsdale Creek, and
Reflection Ridge and Spurwing Heights and Bridgetower West and they all have
something in common with this one and that is it's -- it's not a subdivision for us. What
our clients are looking for -- they want that community. They want an area with a variety
of lot sizes. They want multiple common areas and gathering areas. This one even went
as far as having two pools, which it did not have before. Pathways. Parkways. All of
those things combined help us provide for our clients with what they want. We have many
clients that look for the smaller lots, because Idaho is an outdoor community and so they
don't want to be home mowing their lawn or taking care of their house , they -- they go to
the mountains and they ride bikes and they have a lot of fun outside, but they still want a
really nice house. We have other people that want, you know, a larger, more traditional
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home and this provides that as well and this really -- in conjunction with the proximity to
the new high school will be an area where many of our clients , the people that we build
for and the people that are interested in this type of community, they will really gravitate
there, because they can live here for the duration of their -- their life or at least the time
that their children are in school. So, we are excited about this project. We -- we are really
happy with the way the developer has put together the plan and the common area and
the variety a lot sizes and we would ask for your approval this evening and I would stand
for any questions.
De Weerd: Thank you, Kevin. Council, any questions?
Amar: Thank you.
Johnson: Madam Mayor, one additional. Joe Yochum.
De Weerd: Good evening, Joe. If you will, please, state your name and address for the
record.
Yochum: Certainly. Joe Yochum. Business address 1303 East Central Drive, Meridian.
83642. Madam Mayor, Members of the Council, thank you for giving me a couple minutes
to speak this evening. I'm here tonight as a representative of the West Ada School,
speaking in support of the Gander Creek annexation application. I'm happy to say
Owyhee High School is currently under construction just south of the Gander Creek
proposed development and as a condition of approval in 2018, the City Council did require
the new collector road be extended north to McMillan Road in order for the new high
school to receive a certificate of occupancy. If the Gander Creek annexation is approved,
Trilogy has agreed to pay the cost of extending the collector. This is a tremendous
financial benefit to West Ada School District and its students, staff, and taxpayers. The
school district is also in favor of a residential community close to the high school and the
future elementary school. It affords students, parents, and staff the opportunity to live
close to the school and have the option to walk or bike to school. The construction of a
ten foot wide pathway on the north-south collector from Ustick to McMillan and a ten foot
sidewalk on McMillan Road will provide a safe route to school for students in the Gander
Creek and east of McDermott Road and it will also save the district transportation costs
by reducing bus routes and, then, a final item is the donation that Trilogy is providing the
city of two acres and make available the other two acres for purchase for the Meridian
Fire Department. This does place an important public service next to -- to school
properties. It will help advance the development of the facility. So, that being said, we
look forward to the Council approving the annexation application of Gander Creek. Thank
you.
De Weerd: Questions for Joe?
Palmer: Madam Mayor?
Cavener: Mr. Cavener. I will let Mr. Palmer go.
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De Weerd: Mr. Palmer.
Palmer: I don't have a question. I just want us all to take a moment and remember this
moment when the school district asked us to approve a 126 acre, R-8 residential
neighborhood in Meridian.
De Weerd: Four hundred lot subdivision. Mr. Cavener.
Cavener: Madam Mayor, I should have went first. Joe, appreciate you being here. Also
appreciate the communication that you and your office provide our staff with all the
applications that we receive. I know with this particular application we didn't get a
correspondence from the school district. My assumption that's because this potential
development can impact a lot of potential future school locations. I was hoping you might
be able to just take a couple moments and talk about what future schools look like in this
area outside of Owyhee. I'm not so naive to think that this neighborhood is going to be
full of just high school students, but likely middle school students and elementary and just
trying to get a good sense about where the district would plan to send those students.
Yochum: Certainly, Madam Mayor, Council Member Cavener. So, we have several
school sites in the -- I guess the vicinity. We have a 20 acre middle school site back to
the -- back to the east off of Chinden off Levi Lane. There is another elementary site
down by Black Cat and Ustick. It's another ten acre site. Then, of course, the 15 acres
we are saving north of Owyhee for the future elementary. So, that's the school sites we
have in that area west -- the west Meridian. Now we know we will have to keep looking
further to the west for the years down the road , but -- then we have one south of the
freeway -- or several -- excuse me. A couple south of the freeway. But in west Boise --
or west Meridian that's all.
Cavener: Madam Mayor, follow up. Construction timeline on the middle school,
elementary school and until those are built where -- where do you plan to send the
students?
Yochum: So, we are about to break ground on Pleasant View Elementary in the
Bainbridge-Bridgetower Subdivision off of Gondola. We have bid that project out and ESI
is our construction manager and they are mobilizing on that site . So, we expect to be
moving -- moving dirt here by June 1st and that elementary school is set to open next fall.
So, 2020. And that elementary school will provide relief to Hunter, Ponderosa, I believe
a little bit of Willow Creek. So, that will take care of some of the growth that's pushing out
that Ustick corridor for the moment. And, then, after that, you know, we are considering
another bond next year. That was a proposal that came from the boundary committee
just recently and so that committee has not yet met yet and so our board, of course, has
not approved a bond measure, but that -- that committee will be forming here fairly soon.
Cavener: Appreciate it.
De Weerd: Any other questions for Joe?
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Yochum: Thank you.
De Weerd: Thank you.
Johnson: Madam Mayor, that was the final sign in.
De Weerd: Okay. Yes. Hi, Denise.
LaFever: Hi, Mayor Tammy. Denise LaFever at 6706 North Salvia Way and I want to
commend the developer for coming together and being a partner with the school district
and a partner with our fire department, because I was sitting through the school hearings
and it was really tough not having that access to McMillan and that really made or break
if that high school would be approved. So , to go back through and have a future school
built before you absolutely need it is fantastic and the fact that the devel oper is actually
partnering with the school district to make that happen is absolutely commendable. So,
with that said I wholeheartedly approve that, because that's what it's all about, partnering
to make things better.
De Weerd: Thank you. This is a public hearing. Is there any other testimony on this
application? Okay. Any final remarks from the applicant's representative?
Taunton: Madam Mayor, Members of the Council, again, my name is Bob Taunton. My
addresses is 2724 South Palmentier Way in Boise. Just wanted to talk about the
conditions. I think the -- in the letter that I sent to Sonya today I think we were good -- we
are corrected now on how many houses are going to remain , that there is just the one.
So, correcting the -- the condition to delete the parcel number for the second one.
Correcting the name in A-2-H. The condition A-3-E, which had to do with the fence along
the Five Mile Creek. Obviously, we were taking the lead from Kim Warren on that. But,
apparently, there is other provisions in the code that suggests there needs to be a fence.
So, we are -- we are fine with that. We will put -- the fence will, obviously, be on the south
side of the pathway on the north side of the Five Mile Creek. Also I -- it was hard to tell
in the landscape plans, but we -- we -- we do show landscaping on either side of the -- of
the pathway. There can't be any trees on the south side per Nampa-Meridian, but we will
have, you know, appropriate landscaping on the -- on the north side of the trail. So, a
little hard to read in the landscape plans. In fact, I had to call up our landscape architect
to see if I was reading them correctly or not. And, again, on the -- on the sound mitigation,
we would request that the 12 feet be a combination of a berm and a sound wall and not
just a berm and -- because that will -- we will not be able to fit that into the 40 foot buffer
area that we have placed on -- on the property that is required by code and I think -- I
think that is it. Oh, the other thing is just to request Council to approve the slightly
extended block faces that we have for the lots that are adjacent to the Five Mile Creek
and the McFadden Drain. With that I plan to take any other questions.
De Weerd: Questions?
Bernt: A comment.
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De Weerd: Mr. Bernt.
Bernt: I would be in favor of the berm plus the -- the wall and it's important, I believe,
along this corridor and within the City of Meridian that it -- that it gives heads up to other
developers as well on the staff that we keep that sound mitigation somewhat consistent.
I believe that we either need to choose berming or a wall and not both. I think it would
look funny if it were one subdivision was berming and the next subdivision was a wall and
so on and so forth. I mean if you go down I-84 I think it looks terrible and I wouldn't want
that to happen within our city limits. So , whatever we choose I would like it to be
consistent.
De Weerd: Other questions for Bob? What is the phasing of the sidewalk program along
McMillan and the roadway. You're connecting to the high school.
Taunton: Mayor de Weerd, Members of Council, the -- you're talking about the ten -- ten
foot pathway that comes north, cuts through the property and, then, has a ten foot
sidewalk that goes over to --
De Weerd: No. I would say your development sidewalk along the -- the arterial on
McMillan and, then, whatever the road is called, only further down.
Taunton: Well, the --
De Weerd: On the West.
Taunton: -- McCrossen --
De Weerd: Yes.
Taunton: -- the collector road on the west side, the sidewalk -- it will be a ten foot pathway
from the McFadden Drain up to Five Mile and, then, a five foot sidewalk from Five Mile
Creek up to McMillan. That will be constructed at the same time as that road is
constructed. So, that would likely be, you know, in our -- in our second -- second phase
and most likely -- but certainly before the school opens. And, then, the sidewalk that is
on McMillan, we will be doing that in combination with phase -- phase one.
De Weerd: Would you be able to put the sidewalk on McMillan -- I saw that it was in
phase one, phase five, and phase three I think. I don't have the phasing plan in front of
me, but can you put it in all at one time before the school opens?
Taunton: Yes, we can. One thing to remember is we do have an out parcel and I think
the city staff is going to be talking to the Evans folks, since they have, you know, a bit of
frontage, we had asked them if they would be willing to do a sidewalk easement, you
know, in favor of the city, but we were unsuccessful, but I think the city is going to make
an attempt to try and speak with them and -- and see if they can convince them to create
-- allow for an easement, so that the sidewalk can be extended.
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De Weerd: Well, this would be a major portion to get students -- I know they would rather
cut through your development to angle down to the high school, but it will give a safer
route to the high school.
Taunton: Correct.
De Weerd: Appreciate that. Any other questions?
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: Maybe just a comment just while you're at the podium. One of the challenges --
huge challenge with this is this -- the Highway 16, change in the new recommendation.
There is so much good with this application. You do fantastic work. You have been doing
it around the valley really well for a long time. But Highway 16 is a -- in my mind a massive
consideration. Among the things that I struggle with is the issue with regards to the
berming and fencing. Those are means to, among other things, mitigate noise. We don't
know what noise we are mitigating. We don't know what ITD's revised study, which would
address some noise mitigation, would mean for us to help mitigate. Maybe a two foot
berm is appropriate. Maybe no berm. And I don't know, but there was such a robust
discussion at P&Z about -- even to a confusing extent sometimes, you know, about
berming and fencing and the setback, all of which tried to capture what appeared to be
an obvious recognition that that's a big road and even at grade at P&Z was a big
consideration, which it was a good discussion I thought by you and all the Commissioners
and Mr. Bailey and others. The fact that it's elevated now -- and I asked a question which
is probably not a fair question, but I don't know what it means. I don't know if it's 60 feet
high, is it 60 feet high the whole way, is it -- I don't know and that's my fear. So, I'm -- I
don't -- I don't expect you to be able to answer it; right? There is not -- we don't have that
data yet. You might have it in the summer, even a lot more information. So, it doesn't --
to me it means that this gets continued. I'm just guessing or speculating is the word that's
been used to try and address some of those considerations and you can't -- there is no
open space or fire station or block length that changes that huge concern . It may be
easily solved. We may know more information. And there might be a great solution to
come up with to address it. But, boy, are we guessing and we don't -- haven't approved,
you know, residential uses adjacent to 75 foot, I don't know, elevated highways? Ten
feet? Thirty? I don't know. So, that's what gives me concern that we can't answer it
today without guessing.
Taunton: Could we -- may we respond to that?
Borton: Certainly.
De Weerd: Yes, you can. We would love it if you would respond.
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Daleiden: Again, Sonia Daleiden with Kittelson and Associates. I will respond. It's not
going to be a straightforward answer or an easy solution. I think the best we can do at
this point is plan for what is in the current EIS for 16. They are going through a
reevaluation process, as we learned from ITD. Any changes to what's in the EIS, such
as 16 going over, would require an extensive public involvement process and , then, an
EIS update. So, the thought right now is that it looks promising from a cos t perspective
for 16 to go over, but there is a lot of road ahead for that to be the preferred solution. So,
I think the best is to plan for what is in the EIS today, which the proposed wall, berm plus
wall ten foot total height that the development is proposing -- 12. Sorry. Twelve total
height would be the best solution for that. I will also say if 16 is going over, you're unlikely
to build a wall that's going to mitigate that. I mean it's -- your wall would be incredibly high
and that wouldn't be practical or feasible. I think you would be looking at other sound
mitigation, such as building materials, windows in the house and that sort of thing that
would mitigate the sound inside the homes that are directly along that right of way. But
you're -- if it goes over you're not looking at, oh, well, a 14 foot wall would do it versus a
12 foot. A wall is not going to be the solution. There will be other solutions. So, hopefully,
that helps a little.
Borton: It does. In fact, Madam Mayor, if I could, I think it highlights some of the -- and
it's nobody's fault, quite frankly. You sort of got this pivot placed upon you at this hour,
but it highlights the -- kind of the speculation that we are all subject to. I mean because
of an annexation adjacent to an elevated highway might make Planning and Zoning say
I'm not -- I don't know if houses should be next to it. I just don't know and it's one of their
good considerations and building materials or not -- I'm not saying you're wrong, I just
don't know and to pick a permanent path today to me is -- that's concerning.
Daleiden: One clarification if I might, Mayor and Council Member Borton. We are not
talking about an elevated highway; right? The elevation would be for a defined period of
time over the cross street. So, it would just be in the vicinity of McMillan. It wouldn't be
for the extent of the entire development all the way down.
Taunton: Madam Mayor, Council Member Borton, one of the things that I keep thinking
of, because I'm in the development business and people are making assumptions and
whatnot about -- about this particular corridor. I had several clients that are in the corridor
-- is the total -- total uncertainty of when it's going to be constructed and we all know what
the funding situation is and there -- who knows, there could be some changes down the
road because of funding that suggest, you know, an at grade situation. We don't -- we
don't know that. But I think the -- the construction of it is probably going to be phased.
The betting money in the development industry is that when there is some money it's all
going to be down at the south end. The railway tracks. Franklin. The flyovers at 84.
That is going to be incredibly expensive and will be pretty much an elevated structure all
the way. So, that's likely to use up a lot of funding that we might be able to find. So , when
-- when something would happen at McMillan and McDermott, whether it's an overpass
or, you know, which way -- it could be years down the road and it's just hard -- hard to
speculate of course. We may -- we may have some -- some updated information, you
know, later this summer. The sound study, from what Amy Schroeder said, would
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probably be finished by the end of the year. So, we -- we have some -- some information.
But, obviously, we have parts of the property that really could be developed that are quite
a ways away from -- you know, from -- from the 300 foot right of way.
De Weerd: I guess Mr. Borton kind of opened maybe my Pandora's Box. It's no surprise
to anyone that I have been -- had huge concerns that we have started the development
approval on the west side of McDermott, because we don't know what the alignment of
Highway 16 is and the illustration that the design of Highway 16 is changing kind of
emphasizes why we have wanted to hold jumping on that side. I have held my comments,
because we already made the decision with the approval of the high school and this does,
as Denise pointed out, complete a very important component to that high school and the
safety thereof, which is a huge concern. The sidewalks, how we get students safely to
the school, has been a big concern of mine personally and I don't want to wait until the
first teenager that gets hurt to say, hum, we should have thought of that. But you -- this
development is providing some answers to that. I do have concern about the Highway
16. I -- I think that you certainly gave development that's much more of a reason to
seriously consider this, because it's a -- it's a good one. It's -- it's much different from the
one that we -- we turned down prior to this. I think that what Kevin mentioned , that building
a community is important. That's what we have tried to do in the -- in the city is to build
communities within our community that -- that add value. I do appreciate that you have
partnered with the school to -- to be part of the solution to the road issue. Now, we haven't
set any money aside, by the way, for any fire department land, but I guess those
discussions would commence and there is a concern for our public safety services being
stretched to the side of -- of McDermott. This -- this does stretch out and as shown in the
staff report it is at a very far edge that makes it hard to service it and it will cost our existing
taxpayers to serve that area, because it will not pay for itself in the beginning. We have
been holding that line for a reason and it's not just water and sewer, it was because when
we annex a piece of property, it's more than just water and sewer, it's about parks, it's
about police and it's about fire and it's about getting our fire apparatus there in the amount
of time that we have committed to, because, you know, every minute counts when a fire
is underway or if it's a life issue, primarily a heart issue. This -- this is a hard one. It's a
hard one to -- to consider continuing to expand on that side of McDermott when we know
our services right now are stretched and there is a lot of land between that western side,
which is -- is going to stretch our -- our ability to respond in -- in a fashion that I think our
citizens should expect us to respond in.
Taunton: Madam Mayor, may I comment? At the Planning Commission the -- the fire
chief I thought gave a fairly positive response to -- to that. He wasn't objecting to the --
you know, to our application. I felt that both he and, then, in talking with Mr. Colaianni
from the police department, they felt that, really, they could have adequate coverage.
They will, obviously, have a resource officer at the school. So , we walked away from
Planning Commission thinking that, you know, public services, such as police and fire,
were not a huge issue. Yes, they -- you know, it's -- we are on the periphery. We
understand that. But we certainly didn't get the feeling that that was a deal breaker for
us. But I'm not the Police Department, nor am I the Fire Department, so --
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De Weerd: Well, we have got land, but we don't have a station on it. Any other comments
from Council? I tried hard not to go there. Okay. Council? Okay. If there is no questions
for staff or the applicant or any of those that testified, Council, I would entertain a motion
to close.
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: Move we close the public hearing for Item 10-D, Gander Creek, H-2019- 0013.
Palmer: Second.
De Weerd: I have a motion and a second to close the public hearing. All those in favor
say aye. All ayes.
MOTION CARRIED: ALL AYES.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: Kind of follow up to my comments to Bob and the concerns I have raised and my
preference, I think there is a lot of great with this application, but my preference is to
address the unknown a little better than I can right now. I would be inclined to continue it
to mid July. Perhaps we have a little more information by then. I would rather do that
perhaps than continue it to the fall and something comes earlier. My -- my assumption is
if you prefer to at least get back in front of us in the summer, in the off chance there is
more information on 16 -- and if there is not it might get bumped down the road and the
applicant would understand the reason for the continuance is to try and create some
certainty where there isn't right now on 16. So, that's my preference. I couldn't vote to
approve it now, I just don't have the information I need. I would certainly continue it.
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: I'm certainly in favor of the application that's before us. I would be in favor of it
later on this summer. My concern is pressing pause , hope that the state can respond in
a timely manner. Will we know more by the end of July than we know today? Will we
know more by the end of the year than we know in July. Will we know more five years
from now than we know the end of this year. There is a lot of what ifs and so I'm supportive
of moving forward tonight, but I'm happy to support the will of the body if -- if we all think
that we can glean better information six months from now or a year from now or however
long would be necessary to wait.
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Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: The comment that -- that sticks in my head in this scenario is the -- Councilman
Rountree's wisdom that applies of there are certain circumstances where we aren't to be
in a hurry and that's my worry and it stays with me that I think that's what he would be
saying. Again, it's not a denial of the application, but I would rather do something right
than do it right now. That's why I think a continuance seemed appropriate.
De Weerd: Okay. Well --
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: I will make a motion, I will see where discussion goes. I move that we continue
H-2019-0013 to July 23rd, 2019.
De Weerd: We have a motion to continue. Do I have a second? Okay.
Palmer: Madam Mayor?
De Weerd: Mr. Palmer.
Palmer: I will try and get through all these. I move we approve H -2019-0013 with the
waiver for the existing home at McMillan and McDermott to not be required to hook up to
city services and with a waiver for the block lengths that was discussed and deleting the
parcel with the really long number that was mentioned.
Cavener: A.1.G and 1.H.
Palmer: A.1.G and A.1.H. And on A.2.H amending the condition that was stated there.
Staff was okay with that. Not touching A.3.E, because it seems that fence is solved and
the applicant was okay with it and for A.3.J, making the requirement 12 feet total berm
and wall. And, then, that first house setting issue for City Council, I'm not sure how to
word it or if it's necessary to include anything in the motion on that point. If anybody has
any direction.
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: Just for clarification, is Council Member Palmer also including the commitment
from the developer to have all the external sidewalks to be built prior to the school
opening?
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Palmer: Correct.
Bernt: One point of clarification, Madam Mayor.
De Weerd: Mr. Bernt.
Bernt: Mr. Palmer, did you say berm and wall or -- what did you specify in your motion?
Palmer: Yeah. The total height of the berm wall --
Bernt: Is 12 feet?
Palmer: It's to be 12 feet.
Bernt: Okay. Both. Berm-wall.
Palmer: Correct. Madam Mayor. Sonya, did -- is there anything that needs to be in the
motion on that first house setting for Council that you dealt with it here?
Allen: I'm sorry, what was that question?
Palmer: On the first house setting issue for Council, is there anything to be included in
the motion with regard to that?
Allen: No. If it's your intent that they provide local street access to that property, they can
do it by either their diagram that they showed an actual local street or via a common
driveway. Either way.
Palmer: What she said.
De Weerd: And did you address the block length?
Palmer: Yes.
De Weerd: Okay.
Palmer: Did I miss anything?
De Weerd: Can you repeat it?
Palmer: No out denial. No --
Allen: Councilman Palmer -- Madam Mayor. Excuse me. Did you address the waiver for
the existing home to hook up to services?
Palmer: I breezed through it, but, yeah, I mentioned it.
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Allen: Okay.
Palmer: To not require it.
Allen: Okay. Thank you.
De Weerd: I appreciate you asking for -- for clarification. I have a motion and a second
to approve with a lengthy list and I would love it to be repeated, but we will just wait for
our minutes. I just want to make sure before you vote you know that all of the -- the items
have been included in -- in the motion that you're concerned about.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: I will be voting no. The only -- and the reason I will be voting no is if there is
concern that in July we don't have the answers necessary to take ac tion, we certainly
don't have them today. So, it doesn't seem appropriate. If it wouldn't be appropriate to
decide it in July for lack of information, how do we have more information today that would
warrant a decision, so I will vote no.
Bernt: Madam Mayor?
De Weerd: Mr. Bernt.
Bernt: Is there a date? Why July? Is there a date that ITD or the state or something
when they are going to have some new information that might dictate --
Borton: Madam Mayor?
De Weerd: I believe the representative from Kittelson mentioned a meeting that -- that
would make some of those findings.
Borton: Madam Mayor, it was somewhat -- kind of a guesswork from comments. There
was a lot of fall and end of the year, but in lieu of doing that I figured by July -- end of July
there might be at least more information to say here is what's going on, here is what we
know or here is the progress that's about to occur in the fall. So, you won't know less
than you do now, that's for sure, so that's why I picked it. Understand -- and it could get
continued on that date to another date if there was still critical information that we didn't
have or we could act on that day if we have enough. That was kind of the logic behind it.
It's a great project, I just got to get my head around that unanswered question.
De Weerd: Okay. Any further discussion? Okay. Mr. Clerk.
Roll call: Borton, nay; Milam, absent; Cavener, yea; Palmer, yea; Little Roberts, yea;
Bernt, nay.
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De Weerd: Okay. The ayes have it.
MOTION CARRIED: THREE AYES. TWO NAYS. ONE ABSENT.
E. Appeal of Purchasing Manager's Denial of Protest of 2019
Request for Proposals (MYR-1921-11034) by Perkins Coie on
behalf of Neutron Holdings, Inc. d/b/a Lime
De Weerd: Okay. 10-E is regarding an appeal of the purchasing manager's denial of
protest and that's regarding MYR-1921-11034.
Bernt: Madam Mayor?
De Weerd: Yes.
Bernt: On May 14th when the discussion was made -- that were had in regard to this
information I left early in that meeting to go watch my daughter's track meet at East Junior
High. By the way, they -- they got third place. Go East Hornets. But I did -- I just wanted
to mention I did watch the discussion online and so I'm fully aware of what that discussion
was and I feel like I'm capable of rendering some information tonight.
De Weerd: Okay. Thank you.
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: The -- the protestee or protestor is here tonight. We all received a fairly lengthy
packet over the weekend. While I have had time to peruse through it, I have not had the
opportunity to dive as deep into this as I would like. I'm open to hearing from the protestor
tonight, but I also would maybe ask that after that that if this body's comfortable of maybe
continue it for a week or two to allow -- I don't know if all of you had the time to go through
it, but to allow us ample time to go through it before we render a decision.
De Weerd: Okay. Mr. Nary, do you want to make any opening remarks or shall I just call
on the -- the appellees?
Nary: Madam Mayor, Members --
De Weerd: Appellant.
Nary: Madam Mayor, Members of the Council, I can put at least some information in the
record. If you have any questions Mr. Watts is also here, our purchasing manager, if you
have questions on the process. So, the RFP for vehicle share -- ride sharing program
was issued by the city on March 15th of 2019. The proposals were -- the proposals were
received on April 5th from two applicants for the -- for that solicitation. April 15th the
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proposals and evaluation materials were sent out to the evaluation committee. The
committee held an evaluation team meeting on April 24th. They discussed their proposal
and the proposals that had been submitted. The evaluators were released to finalize their
evaluation and return it to purchasing. Each individual evaluator graded and scored the
evaluation on their own. They don't do that collectively. Purchasing received their last
scores on April 29th from the committee members. May 3rd they sent the evaluation
results to the committee confirming the committee's recommendation, which is that the
committee wanted to select only one vendor for this proposal, rather than both.
Purchasing issued the potential award to Bird, the successful submittal as the selected
vendor and notice of intent to award was sent to both vendors, along with the evaluation
results. The city received the protest on May 16th from Lime that is here tonight. The
protest was based on one of the evaluator's scores was significantly lower than the other
evaluators. Our process requires the purchasing manager review that protest and
respond appropriately. Mr. Watts did issue an official denial on May 17th addressing all
the issues raised by the appellant here in this case. They, then, submitted a written appeal
subsequent to that and that's what's before you tonight. The issue, again, is based on
their letter of May 16th and the issues they raised in that and, then, again, Mr. Watts'
response, which is a letter in your packet on May 17th. They also have made a public
records request that is related to this application or this proposal. That has been in
process with our office for compliance and they are still working on the compliance of that.
They did request in the most recent appeal to continue tonight's hearing to at least June
4th for them to secure the public records request. I advised them on more than one
occasion that's totally within the Council's discretion on whether to grant that. If you think
it's relevant for the conversation of the appeal, that's certainly within your purview.
Palmer: Madam Mayor?
De Weerd: Mr. Palmer.
Palmer: I don't think it benefits anybody, given the massive amount of information to -- to
go through and the fact that we are still waiting on -- for Ted to have to review a whole
bunch of e-mails, so that all the information is present and ready. I think we should have
it all done and ready before we have this discussion and they will have the added benefit
of all the members of Council here. So, I move that we continue Item 11 -A to -- no. 10-
E. I'm tired. Obviously we shouldn't have this discussion. I move we continue Item 10-
E to June 4th.
Nary: Madam Mayor -- I will wait for a second. Sorry.
De Weerd: Yes.
Nary: Madam Mayor, Members of the Council, Council Membe r Palmer, I would ask if
you're going to do that to do it to June 11, so that way we would have time to provide it to
them and they would have time to review it, because it may be the end of this week or
early next week before we even can provide it all. So, if you want to give them an
opportunity to review it I would suggest the 11th.
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Palmer: Madam Mayor?
De Weerd: Mr. Palmer.
Palmer: I move we continue this item to June 11th.
Little Roberts: Second.
De Weerd: I have a motion and a second to continue this item under 10-E for appeal of
the purchasing manager's denial until --
Cavener: Madam Mayor -- oh, sorry.
De Weerd: June 11th. Mr. Cavener.
Cavener: I'm sorry, Madam Mayor. I don't know if it's -- if it's possible or worth it, but I
believe the representatives of Lime have sat through our entire meeting tonight and I don't
know if it's -- enough for Council to at least give them an opportunity to speak or if they
speak tonight if they somehow forfeit the ability to speak at a later point in time, I just -- I
know when you sit all the way through the meeting I would like to just give them the
opportunity to address anything that they feel is relevant to the Council before we continue
this for a couple weeks.
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: I would suggest if the Council is going to take any -- any type of testimony from the
appellant, that it only be related to the continuance that's before you and not to the
substance of the appeal itself. Otherwise, we are just hearing the appeal anyway. So, if
you want to hear anything regarding the request to continue -- or the motion to continue,
that would be relevant, but any other information I think at this point would be
inappropriate given that there is no other opportunity for the rest of the discussion about
the appeal.
De Weerd: So, the cleanest way is just to continue it. I have --
Cavener: Madam Mayor?
De Weerd: -- a motion and a second to continue this to June 11th. Those in favor please
say aye. Any opposed say nay. Okay.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
De Weerd: So, we will hear this on June 11th.
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Cavener: Madam Mayor?
De Weerd: I'm sure -- this is so much fun and entertainment that we won't even charge
you for listening. Yes, Mr. Cavener.
Cavener: Could we at least give them a City of Meridian pin for sticking with tonight?
De Weerd: I will ask Mr. Clerk to get them a pin, as they do for high school students that
last throughout our whole --
Cavener: Maybe one for Lindsay, too.
De Weerd: -- meeting.
Cavener: I think is this a new record for her tonight.
De Weerd: Okay. Mr. Borton.
Borton: It was going to be a question on the continuance of it coming forward, but we
continued it, so it can wait for another day.
Item 11 : Department Reports
A. Legal: Budget Amendment for FY19 in the Amount of $1,100 for
Dairy Days Parade (Action Item)
De Weerd: Thank you. I was going to add something and I thought better of it. Okay.
Item 11 -A is under our Legal Department, budget amendment for our Dairy Days Parade.
Mr. Nary.
Nary: Thank you, Madam Mayor, Members of the Council. The budget amendment is
subsequent to our discussion last week about the additional cost for the traffic control for
the Dairy Parade. It's a little unusual in that the budget actually is in the Police
Department, so I did tell our CFO -- sorry if there is a mixup of us doing a budget for the
Police Department and his words were -- I sign lots of things that I'm not totally sure why
I'm signing it, so it's fine. So, I thought I would make sure that I got that on the record for
Todd. So, anyway, it is just a clean up to follow up with the direction received last week
to make sure there is adequate money funding that particular portion of the parade.
De Weerd: Any questions for Mr. Nary?
Borton: Madam Mayor?
De Weerd: Mr. Borton.
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Borton: I move we approve the legal budget amendment in the amount of 1,100 dollars
for Dairy Days Parade.
Cavener: Second.
De Weerd: I have a motion and a second to approve the legal budget request. Any
questions? Mr. Clerk, will you call roll.
Roll call: Borton, yea; Milam, absent; Cavener, yea; Palmer, yea; Little Roberts, yea;
Bernt, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
B. Parks and Recreation Department: FY2019 Net-Zero Budget
Amendment for Volunteer Ambassador Utility Vehicle Batteries
Action Item)
De Weerd: Item 11-B was requested to be vacated from the agenda to be heard on June
11 th. I do not think I need a motion.
Item 12: Ordinances
A. Ordinance No. 19-1828: Amending Meridian City Code Section
3-3-1(B), Regarding the Definition of Vehicle Immobilization
De Weerd: I will just move on to Item 12-A, which is Ordinance 19-1828 and ask Mr.
Clerk to, please, read this by title.
Johnson: Thank you, Madam Mayor. Ordinance No. 19-1828, amending Meridian City
Code Section 3-3-1(B), regarding the definition of vehicle immobilization.
De Weerd: Is there anyone who would like to hear it read in its entirety? Seeing none --
Bernt: Madam Mayor?
De Weerd: Mr. Bernt.
Bernt: I move that we approve Ordinance No. 19-1828 with suspension of rules.
Little Roberts: Second.
De Weerd: I have a motion and a second to approve Item 12-A. Mr. Clerk, will you call
roll.
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Roll call: Borton, yea; Milam, absent; Cavener, yea; Palmer, yea; Little Roberts, yea;
Bernt, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
B. Second Reading of Ordinance No. 19- 1827: An Ordinance To
Amend The Municipal Code Of The City Of Meridian, County Of
Ada, State Of Idaho, Amending Title 10, Chapter 7, Section
12(E)(2), Meridian City Code, Known As The Meridian Impact
Fee Ordinance Fee Schedule; To Provide For An Amendment To
The Police, Fire, And Parks And Recreation Impact Fee
Schedules; And Providing An Effective Date.
De Weerd: Item 12-B is the second reading of Ordinance 19-1827. Mr. Clerk, will you,
please, read this by title?
Johnson: Thank you, Madam Mayor. This is Ordinance No. 19-1827, an ordinance to
amend the Municipal Code of the City of Meridian, County of Ada, State of Idaho,
amending Title 10, Chapter 7, Section 12(e)(2), Meridian City Code, known as the
Meridian Impact Fee Ordinance Fee Schedule; to provide for an amendment to the Police,
Fire, and Parks and Recreation impact fee schedules; and providing an effective date.
De Weerd: Thank you. The third reading and the public hearing will be held next City
Council meeting.
Item 13: Future Meeting Topics
De Weerd: With that we are under Item 13. Any items to note under this? If none, I
would entertain a motion to adjourn.
Borton: Move to adjourn.
Cavener: Second.
De Weerd: I have a motion to adjourn and a second. All those in favor say aye. All ayes.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
De Weerd: Thank you for that clear motion, Mr. Borton.
MEETING ADJOURNED AT 9:16 P.M.
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