HomeMy WebLinkAbout2006 03-21
Meridian City Council Meetina
March 21. 2006
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The regular meeting of the Meridian City Council was called to order at 7:02 P.M.,
Tuesday, March 21,2006, by Mayor Tammy de Weerd.
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---~MelJJbers Present: Mayor Tammy de Weerd, Shaun Wardle, Keith Bird, Charlie
Rouñtree-anclJge Borton.
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Others Present: Bill Nary, Will Berg, Craig Caleb Hood, Brad Watson, Len Grady, Bill
--- Musser, Ken Bowers, Doug Strong, and Dean Willis.
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Item 1:
Roll-call Attendance:
Roll call.
X Shaun Wardle
X Charlie Rountree
X
X Joe Borton
X Keith Bird
Mayor Tammy de Weerd
De Weerd: Okay. I will go ahead and call the meeting to order. I'd like to welcome you
to the City Council meeting. It is Tuesday, March 21 st, just a few minutes after 7:00.
We will start tonight's meeting with roll call attendance.
Item 2:
Pledge of Allegiance:
De Weerd: Tonight we will be led in the pledge of allegiance by Brenden and Caleb
Ragan. If you will all rise.
(Pledge of Allegiance recited.)
Item 3:
Community Invocation by Pastor Shawn Ragan, with Church of God
Seventh Day:
De Weerd: Boys, I'd like to present you with a pencil for leading us in the pledge this
evening. Thank you so much. Item No.3 is our community invocation and we will be
led by their father Pastor Shawn Ragan with the Church of God Seventh Day. We
appreciate you being here this evening. If you will, please, join us in the community
invocation or take this as an opportunity for a moment of silence.
Ragan: Madam Mayor, Members of the Council, shall we pray. Our most gracious and
loving Heavenly Father, we pause this evening to come before you to ask for your
blessings on our city, our community, our businesses, our families, and our government.
Father, we ask that you would pour out your blessings on Meridian. We pray that you
would strengthen our families, that you would give guidance to us as parents and help
our children to grow up knowing right from wrong and with the moral fortitude to make
the best decisions for their life. We pray against the evil that seeks to come into
Meridian and ensnare children and our community with drugs and other problems. We
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March 21, 2006
Page 2 of 50
pray that you would be with our police and fire departments. Bless those who put their
life at risk for us on a daily basis. Protect them as they put themselves on harm's way.
We pray you would be with the Mayor, her office, and our City Council. Bless them with
wisdom that they make decisions here this evening and throughout the week that would
reflect your will for our city. I pray you would bless each of the members here this
evening with good health. I ask that you would strengthen and be with their families and
that you would use them to make our city an even better place to live. I thank you for
presence in this city. Most of all, I thank you for your son Jesus Christ and the sacrifice
he made on our behalf. In his name we pray, amen. Thank you.
Item 4:
Adoption of the Agenda:
De Weerd: Thank you for joining us and thank you, boys, for leading us in the pledge.
We appreciate you being here. Okay. Item No.4, adoption of the agenda.
Bird: Madam Mayor?
De Weerd: Yes, Mr. Bird.
Bird: With our resolutions we start at 06-506 and we end at 06-509. And on the regular
-- on the department reports we have been requested by the attorney to have an Item B
under department reports for the city attorney. Item 10 on the regular agenda has been
asked to be continued to May 2nd, 2006. Item 16 and 17 was noticed for April 4th,
2006, so we will have to continue them until that point. And with that I would move we
approve the revised agenda.
Rountree: Second.
De Weerd: Okay. The motion is to approve the agenda as amended. All those in favor
say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Item 5:
Consent Agenda:
A.
Approve Minutes of February 21, 2006 City Council & Eagle City
Council Special Meeting:
B.
Approve Minutes of March 7, 2006 City Council Regular Meeting:
c.
Resolution No. 06-506 : V AC 06-002 Request to vacate
sewer and water easements within Lot 15, Block 1, Brenda
Estates Subdivision by the Brenda Estates Homeowners
Association - west of Ten Mile Road and north of Cherry Lane:
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March 21, 2006
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D.
Resolution No. 06-507 V AC 06-001 Request for
Vacation of a drainage and irrigation easement on Lots 1-6 Block
27, Lots 1-7 Block 28, Lots 1-7 Block 29, Lots 1-7 Block 30 of
Quenzer Commons Subdivision No.9 by Brighton Development
- west of North Locust Grove Road and south of East McMillan
Road:
E.
Findings of Fact and Conclusions of Law for Approval: VAR
06-007 Request for a Variance from UDC 11-2A-6 to measure
street setbacks from the property line rather than the back of
sidewalk for Vallin Courts Subdivision by Walker Homes - west
of North Meridian Road and south of West Ustick Road:
F.
Professional Service Aareement for Impact Fee Consultina,
with BBC Research & Consulting:
G.
Water Main Easement Aareement for Blue Cross of Idaho:
De Weerd: Consent Agenda. Item No.5.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: We have -- excuse me -- Item C is Resolution No. 06-506. Item D is Resolution
No. 06-507 and I move that we approved the Consent Agenda and for the Mayor to sign
and the Clerk to attest on all proper papers.
Rountree: Second.
De Weerd: Okay. The motion is to approve the Consent Agenda. If there is no
discussion, Mr. Berg, will you call roll?
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
Item 6:
Department Reports:
A.
Parks Department - Doug Strong
1.
Update of Kiwanis Park Extension and Green-up:
De Weerd: Okay. Item No.6 we have our department reports. Mr. Strong. Now I
know why Gordon Harris, one of my favorite people, is sitting in the audience. Nice to
see you, Gordon.
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March 21, 2006
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Strong: Thank you, Madam Mayor, Members of the Council. Just wanted the
opportunity to talk about Kiwanis Park and where we are with the green up efforts and
also bring to you an opportunity that's come our way with the developer that's
developing the property to the north of what's -- what we have currently been looking at
as Kiwanis Park. So, this -- the map that you see up there shows the concept of what
the park is. There is a broken line -- if I can make this work -- right here and along here
that shows the current park boundaries.
De Weerd: That's not a broke line, it's a dotted line.
Strong: A dotted line?
De Weerd: I thought it was like a water main or sewer line. I think our Public Works
director has trained me too well. A broken line is not good news.
Strong: Oh. Not good news. Okay. It's a dotted line, then. That works. We are ready
to go out to contract for the phase one green up that we discussed some months ago to
get this park greened up and ready for -- by the school year in the fall. What's recently
come our way with conversations with the developer that's developing the property to
the north is the opportunity to add about two acres to the park and their interest in
participating in the green up as a contribution to the city and to the parks, which would
allow us to go further than what our initial plans were for completion of the pathway that
continues out of the park this way, down to where it connects to the pathway that comes
off Eagle Road behind the development there. The proposal was presented to the
Parks and Recreation Commission in this month's meeting and discussed with the
Commission and they voted in favor of moving forward with discussions to see if we can
make this work. The reason I wanted to bring it to you tonight is if the developer
participates in helping us fund the green up portion, without -- they don't have anything
with the -- what the development to the north is going to look like in preliminary plat,
certainly not through final plat at this stage, the risk is really on their part to jump in and
participate at this point in making a contribution of this type and adding acreage to the
park and helping us with the green up, recognizing that the final plat's not through yet
for their project to the north. So, this would have to be considered as separate from
what they will be bringing forward sometime in the next few months. So, I wanted to get
a reaction from the Council, certainly, on what you think of putting together an
agreement with the developer to move ahead in this kind of relationship.
De Weerd: Okay. Council?
Bird: Go for it.
Rountree: That's a good idea as far as completing the path.
Borton: Madam Mayor?
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March 21, 2006
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De Weerd: Mr. Borton.
Borton: I think it's a fantastic opportunity. And while Mr. Harris is in the audience, I
want to thank him for everything he and Kiwanis -- the group has done to keep this
project moving. One of the things that was discussed at length was the fact that any
agreement by the developer to green up Kiwanis Park in its entirety really doesn't come
with any strings to the city and I guess I have a question for legal counsel, Mr. Nary. Is
there any concern if the city provides continued direction to go forward with this that it's
obligating or ~- one party's obligating themselves to spend quite a bit of money greening
up our property and the city has no obligation in return?
Nary: Madam Mayor, Members of the Council, Councilmember Borton, we think what
we are probably going to want to do is some sort of MOU with the developer as part of
this process in getting that done, just basically to cover access to the city property to do
what they are doing or to hire -- or hire other vendors to provide that service and we
would probably include something along that line, because I think that has been the
discussion. Mr. Baird and Mr. Strong had a meeting with the developer last week about
this and certainly we -- that's always been the position all along and this is just part of
the process in that the developer is aware that there really are no strings attached to
what they are trying to do, but a part of it is -- is their willingness and desire to want to
gain some of the ground that they want to use for their development, which isn't what
we are talking about tonight, but that's part of the reason for their willingness to provide
this green up. So, we can probably hash that out through an agreement to make it clear
for both parties and, then, bring that back.
De Weerd: Okay. Anything else, Council? I would like to ditto Councilman Borton's
comments to Mr. Harris. I certainly don't want to diminish what the Kiwanis Club, in
general, has done. They have been great cheerleaders. But I do know who the worker
has been and it's been a one person show and we appreciate all you have done. You
have been a tremendous contributor to our community and it's very much appreciated,
not just this project, but in many other areas. So, it's nice to see you. It's been too long.
Strong: Madam Mayor, Members of the Council, actually, I invited Gordon to be here
tonight and Joe Atala, who is the representative for the developer to the north, if you
had questions for them, but also to make you aware that in our discussions with the
developer, the Kiwanis members were included in that discussion. Our intent is for their
continued participation in the project and completing the park with restroom buildings,
shelters, other in-ground work that Gordon wants to complete that started at the park.
So, we want them to be a part of this process and so it truly is a Kiwanis Park when it's
completed. So, if you have questions they are here to answer that, too, if you have
anything for them.
De Weerd: Okay. Anything for any of those two -- either of those two gentlemen?
Bird: Great plan.
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March 21, 2006
Page 6 of 50
De Weerd: Okay. Well, we appreciate you both being here this evening. Okay. Thank
you, Doug. Mr. Nary, do you need any direction from Council to authorize you to move
forward with an MOU or anything like that?
Nary: Madam Mayor, I think unless the Council feels the need to, we certainly, I think,
will work with Mr. Strong and the developer and make sure that all that information is in
a document, whether it's something that's brought back in front of you, but I think we
can make that -- make that happen. I don't know that we need the Council to direct that.
B.
City Attorney - Proposed Ordinance change:
De Weerd: Okay. Very good. Item 6-B is the Attorney's Office.
Nary: Madam Mayor, I'm going to pass out a proposed ordinance. This came to my
attention today. In our current city code -- and what I'm proposing is to bring this back in
a couple of weeks and our process has been to propose these in a department report
for you to have some time to evaluate it and, if possible, to, then, bring it back in a week
or two, since there is no meeting next week, I felt the need to bring it up tonight. We
currently in our city code have specific hours of operation for the parks and it's a half
hour before sunrise and a half hour after sunset. We have occasions where events or
activities are seeking to want to extend beyond that closing time and we don't have any
specific authority in the city code that allows for that. The only provision that gives the
director any discretion in the parks is closing portions of the parks. It doesn't allow him
to open portions of the parks or to deviate from the hours of operation. The suggestion
here was to grant that authority to the parks director to authorize that through a
permitting process, but also because we would be allowing this event beyond the hours
of normal operation, so, essentially, after dark, that it also come back in front of you for
specific approval as well. In my informal discussions today with a couple of different
people, it appears that some of this kind of goes on anyway. I mean with Dairy Days
there are occasions where we have some of those vendors that have been staying in
the park or do stay there to maintain security over their equipment and their property
and such that are in there. So, they have, actually, probably been doing this and Mr.
Strong said he has been reviewing these types of things previously, but we haven't
formalized it in the ordinance, so that's the reason I wanted to bring that to you tonight
for discussion. If you would like, I'd like to put it on in a couple of weeks. If you want
me to wait before we put it on or you want to put it on and have a discussion further in a
couple weeks, since I have just brought it to you tonight, that's fine. I just wanted to get
it in the pipeline to get it started, if it was -- meets everyone's approval.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Mr. Nary, which -~ now you're telling me the existing one don't have any at all?
Because I mean, you know, you're breaking this every softball game, every -- every --
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March 21, 2006
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Rountree: Baseball.
Bird: ~- baseball game where there are lights. You're breaking -- you're breaking this
rule -- you're going to have to prove to me why we need it.
Nary: Well, Madam Mayor, Members of the Council, Councilmember Bird, the reason
you need it is because your ordinance prohibits it currently and you are breaking it every
time you do have baseball games that exceed it. There is no exemption in our
ordinance for people to be in the park after sunset. So, the reason I think your
ordinance needs to be amended is because you -- because we do know this occurs and
that way we can be compliant and it is to make sure that those activities that occur after
dark are approved by the Parks Department. You know ~- and, obviously, you want to
have the oversight and that's part of the reason I put in there that the Council and the
Mayor would have the final authority, is because if you have problematic issues with
groups or certain events or activities, you have the ability to not allow it to continue in
the park. I think that's the, I guess, control that I think would be the most appropriate.
You're, obviously, going to want Mr. Strong to be the first line of the person requesting
it, so that he can be able to report to you that this is appropriate, there is adequate
security, there is adequate lighting, there is adequate safety, there hasn't been a
problem, there isn't a neighborhood issue, all of those kinds of things. But that's why I
believe you need it, is because it probably occurs anyway and the ordinance just
doesn't really allow for it.
De Weerd: Okay. Anything further?
Rountree: Madam Mayor?
De Weerd: Yes, Mr. Rountree.
Rountree: Now, what you're getting at is trying to make the existing ordinance workable
and I guess I just see more issues by amending this than what we have dealt with now.
I mean our current ordinance says you're not to have persons or vehicles that they are
going to be excluded from the park, so every race day somebody is going to have to get
a permit for people to park in the park, because they park there after sunset. Every high
school baseball game. Every Legion baseball game. Every community softball game
that occurs after hours. Maybe there is more wrong with our current ordinance than this
is going to fix, because we are not enforcing our current ordinance, so just tagging this
on and hoping people that we are not concerned about will get a permit and we are still
concerned about the people that aren't going to get a permit anyway.
Nary: Madam Mayor, Members of the Council, Councilmember Rountree, you know,
there is a reservation section, but it doesn't have anything in there regarding the hours
of operation and that was my concern, is that it allows you to reserve the fields, which is
like the Legion does, that's what the different softball leagues that we sponsor do, so --
but it doesn't give any authority as to how does that interact with the hours of operation.
You know, the one -- the one thing you didn't ask about that I don't know -- have a
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March 21, 2006
Page 8 of 50
specific answer for, we have a taxing district pool in our park which isn't necessarily
subject to our ordinance specifically as to their operation versus hours, but that's a
horse of a different color for another day.
Rountree: A whole other issue.
Nary: Yeah. The only thing I wanted to do -- I mean how this is -- how is this permitted
-- all this does is grant the authority to permit it. How it's permitted, whether it's simply a
-~ the recreational scheduling is the tool to get authorization, if you don't -- if you want to
grant the parks director the authorization to not have to bring it to you, so that all of the
things that are the ongoing activities, like Legion baseball, rec activities, those kinds of
things, Dairy Days, the race schedule, can all be approved by the director and there are
certain things you want to see or that you don't want to see any of it, that's perfectly fine.
I just wanted to make sure that in our ordinance that someone isn't going to claim that
because we allow these other activities after dark, we have to, then, allow theirs.
De Weerd: Mr. Strong, do you have anything you want to add? I think this does affect
you; right?
Strong: Thank you, Madam Mayor, Members of the Council. This is a clarification I
think that may have value. When we re-wrote the park ordinance three years ago we
tried to address as many issues as we thought would come forward at that time. The
way it's written now is to deal with individuals that are in the park after those designated
hours that shouldn't been there. I think what we are discovering is that there are
activities that -- that people are there legitimately for that aren't -- that the way the
ordinance is written now it doesn't cover. So, it's some way of specifying what those
exceptions are to the park hours and under what conditions those would be permitted.
It seems to make sense to me that we'd have clarification in the ordinance, so that it can
be more effectively enforced, so that if there is somebody in the park that set off a
motion sensor light that's not there for a ball game or something and shouldn't be there,
then, there could be a police response and appropriate action taken for those activities
that we don't want versus those that we do want in the park. So, I'm certainly willing to
work with Mr. Nary on getting something together that makes sense from our point of
view and --
De Weerd: Okay. Council, any questions for either our attorney or Mr. Strong? Thank
you, Doug.
Strong: Thank you.
De Weerd: Will, do you have anything as our risk manager? No.
Rountree: No risk.
De Weerd: Nothing he wants to share. Okay. Well, so you will be bringing that back--
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March 21, 2006
Page 9 of 50
Nary: Yes.
De Weerd: -- in a couple weeks. Okay. Council, if you come up with any other
comments or questions, please, give Mr. Nary or Mr. Strong a call and we can
incorporate those into the document.
Item 7:
Items Moved from Consent Agenda:
De Weerd: Okay. There were no items moved from the Consent Agenda.
Item 8:
Tabled from March 14, 2006: FP 06-010 Request for Final Plat approval
of 76 building lots and 18 common lots on 14.57 acres in an R-8 zone for
Chesterfield Subdivision No.2 by Centennial Development, LLC - North
Black Cat Road and West Franklin Road:
De Weerd: So, I will go ahead and -- Caleb, on Items 8 and 9, are there any issues on
these two final plats or can we consider them in one motion?
Hood: Madam Mayor, Members of the Council, I do have letters from both of the
applicants. Just a point of clarification, Item 8 was tabled from the 3/14 meeting to
make sure that the applicant did, in fact, agree with all the conditions. I believe Mr.
Borton had concern. I did talk with the applicant today. They are in agreement, so we
do have a letter from the applicant on No.8. No.9 we also have a letter, as I
mentioned. There are a couple of things that need to be discussed, some changes to
that staff report.
De Weerd: Okay. So, we will take them one at a time. Council, do I have a motion on
Item 8?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move that we approve FP 06-010, the final plat for Chesterfield Subdivision No.
2.
Rountree: Second.
De Weerd: Okay. We have a motion and a second to approve Item 8. If there is no
discussion, Mr. Berg, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
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March 21, 2006
Page 10 of 50
Item 9:
FP 06-011 Request for Final Plat approval for 1 multi-family residential
building lot, 1 non~residential building lot and 1 common lot on 28.646
acres in R-15 and L-O zones for Umbria Subdivision by Conger
Management Group - north side of Franklin Road west of Ten Mile Road:
De Weerd: Okay. Item 9 is FP 06-011. Craig -- I mean Caleb.
Hood: Madam Mayor, Members of the Council, as I mentioned previously, we did
receive a letter from Dave McKinnon, who is representing the applicant on this project.
They are specifically requesting a waiver of the standard requirement to tile the
Kennedy Lateral which traverses the western boundary of this site. It is something that
the Council has to specifically grant, because our code just requires them straight out
for all projects. If the Council does grant those, there are some site specific conditions
and general conditions that staff has asked you to modify as well to be consistent with
that action. I will not read those out, but they are the bullet points in the handouts that I
gave you before the meeting. Also on a different note, general requirement number
four, the applicant has asked us to add a couple of words that just specify -- they are
doing a phase development -- it didn't make it into the presentation this evening, but
there are three phases and they just didn't want to have to put in all of the
improvements with the phase before they can get their first occupancy. So, if they do
ten buildings with their first phase, all of the ten buildings, parking, and landscaping
would need to be completed prior to occupancy of those ten buildings and so on and so
forth with future phases. So, that would be the third bullet, again, on that handout that I
gave you. And with that I will stand for any questions you may have.
De Weerd: Well, Caleb, I guess this is kind of difficult to consider those kind of changes
with each phase when you're not really sure how it impacts the neighbors or what kind
of testimony was given at the time, that the neighbors might think that all of the fencing
is coming in with the first development and those kind of issues.
Hood: Madam Mayor, Members of the Council, I would agree with you and I think
maybe fencing may be something that the applicant would be willing to put up around
the entire boundary with the first phase. It's more of the internal landscaping and types
of things that would, then, just get run over with heavy equipment as they begin
construction and putting in, really, interior improvements. So, I think that's the intent of
the request is more for the interior stuff. Perimeter things I would think would be able to
be taken care of. Off the top of my head I don't remember all the concerns from all the
neighbors, but I think that's a legitimate question anyways. I think we could cover it,
though, with the applicant's request and fencing usually is one that the neighbors are
concerned about off the top, so --
De Weerd: Certainly with the debris and that sort of thing. Have you been able to take
a look at this and see what were issues during the application process and what might
have been committed to the neighbors at the time?
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March 21,2006
Page 11 of 50
Hood: Madam Mayor, Members of the Council, I have not reviewed the minutes from
the previous hearing. This was not my project. I just briefly went through it before
tonight's meeting, so no.
De Weerd: Okay. Is the applicant here?
McKinnon: Thank you, Madam Mayor, Members of the Council. Dave McKinnon, 735
South Crosstimber, representing the applicant tonight.
De Ween:!: Thank you.
McKinnon: Just to touch on a couple of comments that you made, Mayor. At the
previous hearing there was no neighborhood objections. There was nobody that came
and testified, other than myself, on the hearing in front of you. We are more than happy
to put the fencing around and what we were running into is you have got 70 four-plex
units. That's a lot of four-plexes on one lot. As you know, we are planning on condo-ing
this in the future, but we can't build all of them at one time, it's just too big a project, so
we want to build some, move onto the next group, but not let those first houses -- the
first four-plexes that are built have to sit vacant until all 70 of them are built. Typically
the way you see it run is once you have issued a permit for the site, all the
improvements are required to be put in. We just don't want to have to put in all the
landscaping for the first phase and, then, have to go back in and tear it out as we go in
and put houses -- more four-plexes into the project. I spent some time working with
your staff on that. They were agreeable to those issues. Like I said, we are more than
happy put in the fencing. The major part of the open space, including the clubhouse,
pool, and court areas, are all part of phase one. So, the majority of all of the major
improvements will be in phase one. Water and sewer will be included as part of phase
one. All the major improvements -- the infrastructure improvements would go in. We
did prepare a map that showed the phasing plan. Unfortunately, I guess it didn't make it
in there tonight. As far as the other issues, the Kennedy Lateral, it would take a 48 inch
pipe to tile it. Castlebrook Subdivision, which you approved earlier, you did not require
that to be tiled as well. So, we are making a formal request not to tile the Kennedy
Lateral. All the information that has been submitted to you previously indicated that the
-- I guess that the Kennedy Lateral would remain open. Had discussions with John
Anderson from Nampa-Meridian. He had no intentions or no idea that the City of
Meridian wanted that to be tiled, if that was the case, and they did not make a request
for us to tile it at this time and their understanding was that we were to leave it open as
well. With that I would ask if you have any questions. We are in agreement with the
other comments in the staff report. Ask for your approval at this time.
De Ween:!: Okay. Thank you, Dave. Council, any questions?
Bird: I have none.
Borton: Madam Mayor?
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March 21, 2006
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De Weerd: Mr. Borton.
Borton: Dave, I understand what happened with Castlebrook. The question on the
Kennedy Lateral -- I may be wrong, but I think the standard for the waiver of the tiling
requirement concerns whether or not it would jeopardize public safety, those that are
going to be living there, as opposed to whether or not, you know, it's equal treatment
versus another. I think I understand your concern. So, to warrant the waiver, can you
comment a little bit on how tiling or granting a waiver from tiling the Kennedy Lateral
wouldn't impact public safety for these individuals?
McKinnon: Madam Mayor, Councilman Borton, we have proposed a six foot fence all
along the Kennedy Lateral, which would keep people out of the Kennedy Lateral. One
of the reasons we are keeping it open is that there is already a large easement there
and the irrigation company would like to be able to maintain their maintenance road that
runs through there. If you're going through this site plan, if you look at it a little bit, there
is, actually, an irrigation pump station at this location. Nampa-Meridian Irrigation would
actually access that on their current roadway and run off the back on their access road
right now to maintain that. And so all of that would be off limits, because of the six-foot
fence that would run the western property boundary.
De Weerd: Did that answer your question?
Borton: Yes.
McKinnon: Thank you.
De Weerd: Any other questions from Council? Okay. Thank you.
McKinnon: Thank you.
De Weerd: Okay. Council, what would you like to do? No one's going to look at you,
Mr. Bird.
Rountree: Madam Mayor, I have a question for Mr. Nary.
De Weerd: Mr. Rountree.
Rountree: As far as the 48 inch pipe requirement, I thought our ordinance indicated that
if it's 48 inches or larger requirement, then, the city doesn't have to -- would not require
tiling. Has that changed?
Nary: Madam Mayor, Members of the Council, Councilmember Rountree, I was looking
up our ordinance that -- to verify that. I don't know if Mr. Watson might know that
without me looking through the ordinance. I don't recall.
Watson: Go ahead and look.
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March 21, 2006
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Nary: Okay.
Bird: He said keep looking.
De Weerd: That was a nicetry.
Nary: Madam Mayor?
De Weerd: Yes, Mr. Nary.
Nary: In looking at the -- Madam Mayor, Members of the Council, in looking at the
piping of ditches is the one I guess I found. It's 12.14.13 out of the city code. It doesn't
have any specific reference to the size.
Rountree: Okay.
Nary: So, it may have been a practical aspect or a reason that it was granted a waiver,
but in the provisions about the requirement and the waiver, it doesn't list the actual size
as a consideration, it just says if it finds a public purpose, requiring such will not be
served in this case, is your standard.
De Weerd: Okay.
Nary: Thanks, Brad.
De Weent Okay. Council, I need a motion. I can't make a motion.
Bird: Shaun.
Wardle: Madam Mayor?
De Weerd: Yes, Mr. Wardle.
Wardle: Before I make my motion, just a question for Caleb. Do you need each of
these requirements into the record for the motion?
Hood: Madam Mayor, Council members, I believe that's probably the best way to do it,
unless legal just says that you can just reference this and I can sure incorporate them
in, if that's appropriate.
De Weerd: Uh-huh.
Nary: Okay.
Wardle: Madam Mayor?
Meridian City Council
March 21, 2006
Page 14 of 50
De Weerd: Yes, Mr. Wardle.
Wardle: I move we approve Item No.9, FP 06-011, to incorporate all staff comments in
regard to items provided to this Council this evening, as well as comments from the
applicant and their willingness to fence the entire property.
Bird: And waive --
Wardle: And to waive the requirement for tiling the Kennedy Lateral, which is included
in the staff comments.
Bird: Second.
De Weerd: Okay. There is a motion to approve. Any discussion? Okay. Mr. Berg.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
Item 10:
Continued Public Hearing from March 14, 2006: AZ 05-060 Request
for Annexation and Zoning of 4.92 acres from RUT to C-G zone for Ada
County Hiahwav District Ustick R.2!SL.Property by the Ada County
Highway District - 3595 East Ustick Road:
De Weerd: Thank you. Item 10 has been requested to continue. Is there anyone in the
audience here that was here for Item 10 specifically? I realize -- the applicant has
asked that they have an opportunity to meet with the neighbors and so they have
requested that this be continued to May 2nd. Okay. Thank you. Council, I would need
a motion.
Bird: Madam Mayor?
De Weerd: Yes, Mr. Bird.
Bird: I move we continue the Public Hearing on AZ 05-060 to May 2nd, 2006.
Rountree: Second.
De Weerd: Okay. Motion to continue Item 10 to May 2nd. All those in favor say aye.
Okay. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Meridian City Council
March 21, 2006
Page 15 of 50
Item 11:
Tabled Public Hearing from March 14, 2006: AZ 05-061 Request for
Annexation and Zoning of 9.55 acres from RUT to C-G zone for Una Mas
by Una Mas, LLC - 3475 East Ustick Road:
De Weerd: Okay. Item 11 was a tabled Public Hearing from March 14th, AZ 05-061. I
will start with staff comments.
Hood: Thank you, Madam Mayor, Members of the Council. I will be brief. This was, as
you mentioned, on last week's agenda. Just a couple of things, I guess. There was a
letter received today, I believe -- yeah, dated March 21 st from the applicant Hansen-
Rice and I hope you all got that letter. It's, basically, asking you to take action on their
application independent of what happens with ACHD. ACHD's request for their six
week deferral did a similar -- had a similar request that they are a stand-alone
application and it's nice when we can look at the bigger picture. But this applicant is not
eager to wait another six weeks for action by the Council, just to put words in their
mouth. I'll let you read that at your convenience. They did want to clarify a couple of
things and I guess I'll go to their concept plan real quick. And it does show -- it does
show ACHD's collector roadway on the eastern side of this and the exact alignment of
this collector roadway is -- my understanding, has not been determined yet, it's more for
discussion purposes that it can show how this property can eventually tie back into that
collector roadway. I don't think it's any secret that the subject applicant would like to
acquire the remainder parcel after ACHD builds the collector, but they can make this
project work without that acquisition as well. So, like I said, I won't belabor this
application too much. It was continued, basically, because it was on the agenda after
ACHD's and we all thought that it was a good idea to kind of hold them together and
with that I will stand for any questions you may have.
De Weerd: Council, any questions?
Bird: I have none, Mayor.
De Weerd: Okay. Would the applicant like to come forward? If you will, please, state
your name and address for the record.
Roseigh: Madam Mayor, Members of the Council, John Roseigh with Hansen-Rice,
1717 Chisholm Drive, Nampa, Idaho.
De Weerd: Thank you.
Roseigh: We just wanted to reiterate again what staff had mentioned. We agree with
staff's report and their findings. We have no issues with that. We do want to be clear,
in the last meetings, also in Commission hearings, we have been linked with ACHD's
property primarily due to ACHD wanting to split off theirs and our interest in acquiring
that property. But as staff has stated, we don't need it and, you know, it would be just
an additional benefit to our property if we got it, but we are -- you know, we'd like to
proceed forward without it, you know, being considered as part of that. One of the other
Meridian City Council
March 21, 2006
Page 16 of 50
-- one of the other major -- or one of the other issues that seems to continually come up
is the cross-access agreement between our property, ACHD's property, and the west
property, which would be the Gateway Marketplace. In meetings with ACHD and the
applicant for the Gateway Marketplace, we have come to an agreement that we would
have -- as the staff report has indicated, we would not only have the 40 foot -- the 42
foot right of way road at the southern portion, but we would also have two direct
accesses across the property, one roughly 350 feet from Ustick and one at a -- it's
roughly 170 feet from the bottom that would go directly across our property to Allys Way
in the future. This drawing, again, was preliminary. It was for discussion purposes only,
just to show what this road -- what ACHD had originally thought they wanted to do with
it, so that we could kind of figure out what they wanted to do, so we could layout ours.
Again, we -- you know, we are looking at retail and general commercial. The property to
the west is already zoned general commercial and has ~- their preliminary plat's been, I
believe, approved by Commission that has retail space already there and, you know, we
would like to move forward with the clients that we have, who are waiting anxiously for
us to get through zoning. So, we would really appreciate your approval tonight on this
project and I will stand for any questions.
De Weerd: Okay. Council, any questions?
Bird: I have none, Mayor.
Rountree: I have none.
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: Just a question for legal counsel. If I remember this correctly, we did close the
Public Hearing.
De Weerd: We did.
Wardle: And, then, tabled the actual issues, so can I make a motion to reopen the
Public Hearing and include all testimony we have just had, so that we can consider it.
Nary: Certainly.
Wardle: Okay. Just procedure. Sorry.
De Weerd: We did continue it, but it is after it had been closed.
Nary: Right.
De Weerd: I was just ignoring that.
Meridian City Council
March 21, 2006
Page 17 of 50
Wardle: Madam Mayor, I move --
De Weerd: But for the record I appreciate that.
Wardle: I move that we reopen the Public Hearing on Item 11, AZ 05-061, and include
all testimony we just heard.
Rountree: Second.
De Weerd: Okay. Motion to reopen on Item 11. All those in favor say aye. All ayes.
Motion carries.
MOTION CARRIED: ALL AYES.
De Weerd: Okay. I -- did you have a question for the applicant as well?
Wardle: No, Madam Mayor, I was just making sure that we could hear this item on its
own and potentially take action on it if we wanted to.
De Weerd: Okay. I did have a question for the applicant. These are going to be some
very busy corners and what we have asked of the developers across the street are for
architectural renderings or elevations on what they anticipate to be going in. Do you
have ideas of what your buildings would look like or anything like that?
Roseigh: Madam Mayor, Members of the Council, when we first -- when we first were
at this preliminary stage, we had a -- we had a client for this particular box and due to
the continuation and being tabled, they have since withdrawn -- they are a local
business and they have -- they, basically, bought another building, because it was
taking too long, so at this point we have one -- we have one client who is interested in
the piece down here at the bottom. They are looking to tie up the land at this point,
waiting for the applicant, who is down here at the -- who is looking to rezone that from
general commercial back to residential. They have an anticipation of what they want to
do there. We do not have any elevations or renderings at this point. When -- once we
have been annexed in, we can get into our preliminary plat and start moving forward
and be out there actively marketing and finding those clients to fit in that. We do plan
on having 3-D models and renderings for those to submit to staff for approval. We
would like to -- I mean this -- the Gateway Marketplace has renderings -- preliminary
renderings at this point of what they would like it to ~- the flavor of what they would like
their development to look like. As an architect, I share their vision, I think it's a nice
vision for what they are planning on doing there, more of the plaza piazza type of look
that's going to be going in there. If we have -- if we have a retail spot -- a retail space,
we would -- certainly would like to tie in and be, you know, friendly with our neighbors as
far as the style. We don't want to -- you know, we don't want to throw up anything that's
ugly, but we would like to -- you knew, it will depend ~- again, they have got the same
comment that we do, you know, if they bring in a Staple's, Staple's has got their own
Meridian City Council
March 21,2006
Page 18 of 50
look and, you know, they kind of dictate a little bit of what they want. We have a little bit
more --
De Weerd: And it's ugly.
Roseigh: It is. We have a little bit more control as we -- as the company that owns this
is also building it. We have a little bit more control as to who is buying the property and
what they want to do with it. But we do want to do some nice buildings. We don't -- you
know, we see the -- the retail, we see some office space. The office space, of course,
will probably not really tie into the retail very much, as we are looking for class A office
in that area, something thàt's going to promote the neighborhoods in that area around,
so that people could possibly work closer by and not have to commute so far to get
some of traffic off of Eagle and Ustick that we deal with on a daily basis.
De Weerd: Well, I guess the reason I asked is across the street there was a greater
comfort level at annexing without the details, because they had architectural renderings
and annexation --
Roseigh: For Lowe's?
De Weerd: Uh-huh. At annexation that's where we have the ability to tie a certain
vision or expectations to the land. At the plat level you really don't have those same
abilities. And so if we don't want a standard look of a Staple's building, if that's your
example, by having architectural renderings that is what will give us that ability to affect
a certain look.
Roseigh: Madam Mayor, we understand that. At the time that we did the -- we
submitted our application, preliminary plat and renderings and that were not a
requirement of the application -- had they been we would have certainly tried to have
done -- you know, to have fulfilled the application prior to submitting. We -- it's very
difficult to sell a piece of agricultural ground commercially, not knowing that it's going to
be approved commercially or if I set it -- if we sell a piece of property to somebody to
build a building and they are waiting, you know, four months, five months, to get the
annexation and, then, we have to go through the preliminary plat and all of the other
development agreements, you know, they are sitting there waiting for, you know, half
the year for -- to get approval before we can move forward. You know, for annexation,
you know, we -- I don't think that anybody -- at least we would not want to do anything
that is not, you know, in accordance with, you know, the -- your ordinances. We would
definitely want to try and get along. I mean we pride ourselves in the quality of the
buildings that we build and, you know, we want to make sure that we have a -- I mean
you're not going to -- it's going to be very difficult to sell a class A office building if it's not
class A construction and has a nice look to it. So, I think with what we are planning on
putting there, the quality of what will be there will be to your expectations and will be a
benefit to the City of Meridian.
De Weerd: We have heard that before.
Meridian City Council
March 21, 2006
Page 19 of 50
Roseigh: I know.
De Weerd: Any other questions than what I have dominated, Council? Okay.
Roseigh: Thank you.
De Weerd: Thank you, sir. Is there anyone who would like to provide testimony on this
application? Okay.
Hood: Madam Mayor?
De Weerd: Yes.
Hood: If I may add just one more thing about the architecture. This site is on an
entryway corridor, so it is subject to our design review standards and I don't know how
familiar you are with those, but it does have some requirements for varying roof lines
and I think it's 30 percent of the windows need to be facing the street, you can't have
more than -- like 70 percent of your parking has to be behind the building. Some things
like that. Now, they are pretty minimal, but this -- the first -- at least the first building that
faces Ustick will be subject to those design review standards, so I just wanted to point
that out. I don't know if that helps or not, but it is subject to those standards.
De Weerd: I guess Councilman Bird just raised a good statement, but I think the
building across the street, Lowe's, that came in before the change of the UDC or it
possibly could have looked different. We would hope.
Roseigh: Madam Mayor, Members of the Council, we will follow the newly adopted
UDC in its entirety. We don't have a problem with that at all.
De Weerd: Okay. Thank you. Okay. Council?
Bird: Madam Mayor?
De Weerd: Yes, Mr. Bird.
Bird: I guess if we are not going to have anymore public testimony, I will move that we
close the Public Hearing on AZ 05-061.
Rountree: Second.
De Weerd: Okay. There is a motion to close the Public Hearing on Item 11. All those
in favor say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Meridian City Council
March 21, 2006
Page 20 of 50
De Weerd: Discussion or do I have a motion?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move that we approve AZ 05-061, the annexation and zoning of 9.55 acres from
RUT to C-G for Una Mas, LLC -- I probably butchering the name, but -- and to
incorporate staff and public testimony. And, oh, also we do have the Findings, too, so --
De Weerc:J: Okay. I have a motion on the floor. Do I have a second?
Rountree: Madam Mayor, I'll second for discussion.
De Weerd: Okay. Any discussion?
Rountree: Madam Mayor, these entryway corridors have been an issue in the last
couple three weeks, about design and design criteria. The fact that we don't have
design review, but we have annexation authority and control to some degree what
design might be, what our architecture might be. I don't have a particular issue with the
annexation, but I do have a concern that the UDC's design and design criteria is
minimal at this point, that is in the process of being beefed up a little bit. I would be
much more comfortable if we were through that process, so we would have something
better to fall back on, as opposed to what we currently have. Or if we, on the
alternative, had some indication from the applicant of what it was they were proposing
to do, which is what we have asked in the last month or so on all of these applications
along Eagle Road. So, that's my input on this particular motion.
De Weerd: Okay. Any other discussion? I will just throw my two cents in and I
probably -- you probably already know what one cent of my discussion was, but the
other one is -- remains on -- it's hard not to look at this development without
consideration of the lot to the east of it and how they are going to manage the
transportation or the circulation and I apologize that I didn't ask that during the Public
Hearing aspect, but without that road on the east side and their landscape buffer, I'm
not really sure how traffic flows in and out of there and that could be an issue. But I only
have a vote if you guys tie, so -- that was my other cent worth. So, any other
discussion? Okay. Mr. Berg, do you want to call roll.
Roll-Call: Bird, yea; Rountree, nay; Wardle, yea; Borton, nay.
De Weerd: Oh, boy. My vote would be a nay as well. And, again, it's because of my
concern without the architectural renderings and without the idea of transportation flow,
is why I would vote nay.
MOTION FAILED: TWO AYES. TWO NAYS. MAYOR NAY.
Meridian City Council
March 21, 2006
Page 21 of 50
De Weerd: I guess at this point we can consider another motion or offer an opportunity
to the developer to continue this and maybe bring back additional information or --
Rountree: Madam Mayor?
De Ween:!: Yes, Mr. Rountree.
Rountree: I move that we continue the Public Hearing on this application, Item No. 11,
and give the developer an opportunity to provide some renderings of the type of
structures that would be envisioned for this property and reschedule that for our next
regularly scheduled meeting, which is April 4th.
Borton: Second.
De Weerd: Okay. The motion is to continue this -- table the Public Hearing and I would
guess that motion was also to open the Public Hearing, to consider that new evidence.
Rountree: And ~- definitely. Yes.
De Weere!: Okay. Second agrees?
Borton: Yes.
De Weerd: Okay. All those in favor say aye.
Rountree: Do you need a roll call?
De Weerd: I don't need a roll call, do I? Mr. Nary.
Nary: Madam Mayor, all you're doing is moving to continue it. The only other
suggestion I was going to have is two weeks adequate time to get the information from
the applicant? I guess that was -- but since you're only moving to continue the matter,
you don't need a roll call vote for that.
De Weerd: Right. Okay. Anyopposed? Nay?
Bird: Nay.
De Weerd: Okay. I have three ayes and one nay.
MOTION CARRIED: THREE AYES. ONE NAY.
Hood: Madam Mayor?
De Weere!: Yes, Mr. Hood.
Meridian City Council
March 21, 2006
Page 22 of 50
Hood: For clarification, does that also -- does the maker of the motion -- does that also
include the engineering drawings for access? I know that was a concern of the Mayor,
but just elevations for the buildings themselves?
Rountree: That was my intent.
Hood: Thank you.
De Weerd: That was his intent, but if it's split, you may want to include circulation, if it's
a split vote. Since the Public Hearing has been reopened, Council, if you would
consider comment from the applicant in clarity on what he needs to bring back?
Rountree: Madam Mayor, I guess my point on that is that ACHD mayor may not
continue with their request for annexation and/or rezone. If I were them I wouldn't, but if
they dispose of the property, it's an auction and it's going to go to the highest bidder and
there is no guarantee that this applicant will be the highest bidder, particularly if it's
closed bid. So, I'm not sure -- you know, we can ask all we want and he can give us his
best guess, but whoever ends up with that property is going to be the one that either
extends -- sells it off to adjacent landowners or whatever happens there. It's a tough
piece of property to do anything with, I agree. There has been an indication on the part
of the applicant that cross-access agreements would be entered into. So, however --
whoever ends up with that property wants to use it, then, that's when the cross-access
agreements would be entered into and the engineering would be done for a rather long
green boulevard, because I'm not sure that there is anything in there that's developable,
other than for a landscape strip.
De Weerd: Caleb, in the staffs review of it, do they need that landscape strip and do
they need the additional access and is that why it was kind of part of the concept
drawing here?
Hood: This applicant -- Madam Mayor, Members of the Council, this applicant does not
necessarily need to acquire that parcel. What we have done with the ACHD piece is we
have required them, regardless of who requires the remainder parcel, there is already
going to be two cross-access easements to this property in case they don't acquire that.
So, they will have access to the collector roadway, because it will come encumbered
with those cross-access easements. So, they don't necessarily need it. As is
mentioned, it's going to be difficult to develop anything else out of there if they don't
acquire it. They could, obviously, put it to the best use. And, then, the direct alignment,
especially if -- out of this meeting that ACHD had, if they end up putting 20-foot
landscape buffers on each side, there is not going to be anything left. So, not that
someone can't come in and buy a 40-foot wide strip, you really can't develop it. I
imagine it's not going to pull top dollar, anyways, if it's only 40 feet wide and not very
visible. But this applicant does not have to acquire that property to make this work.
There is also -- and I didn't talk about it. There is also cross-access through a project
you will be seeing here in another three or four weeks or so. So, they have access --
Meridian City Council
March 21, 2006
Page 23 of 50
not directly to Ustick, but via these two cross-access easements either side of their
property.
De Weerd: Oh, that does answer that, so --
Bird: Madam Mayor?
De Weerd: But it would be good to at least make sure that it's noted. Yes, Mr. Bird.
Bird: If I understood the motion, the motion was to continue it to get some --
De Weerd: Architectural drawings.
Bird: -- architectural drawings of what you're going to do. I hope the guy can go out
and find out who he is going to rent to or lease to or sell to, to know how to draw his
drawings.
Roseigh: I have got drawings ready to submit.
Bird: Well, yeah, we can -- also, you know, we get that in subdivisions, you know, we
get all these pretty homes, but they all don't always go in the subdivision. But we
design.
De Weerd: Okay. Well, is that clear as mud?
Roseigh: Yes.
Item 12:
Item 13:
Item 14:
Continued Public Hearing from February 28, 2006: AZ 05-051
Request for Annexation and Zoning of 12.84 acres from RUT to R-15 zone
for Ellensbura Subdivision by Centennial Development, LLC - northwest
corner of North Ten Mile Road and West Pine Avenue:
Continued Public Hearing from February 28, 2006: PP 05-052
Request for Preliminary Plat approval of 41 building lots and 4 common
lots on 12.84 acres in a proposed R-15 zone for Ellensbura Subdivision
by Centennial Development, LLC - northwest corner of North Ten Mile
Road and West Pine Avenue:
Continued Public Hearing from February 28, 2006: CUP 05-047
Request for a Conditional Use Permit for a Planned Development for
multi-family residential units with a request for reductions to the street
frontage requirements for Ellensbura Subdivision by Centennial
Development, LLC - northwest corner of North Ten Mile Road and West
Pine Avenue:
Meridian City Council
March 21,2006
Page 24 of 50
De Weerd: Thank you. Okay. So, Items 12, 13, and 14 are Public Hearings AZ 05-
051, PP 05-052, and CUP 05-047. I will open these three public hearings with staff
comments.
Hood: Thank you, Madam Mayor, Members of the Council. This is a new item on the -~
your agenda this evening.
De Weerd: Caleb, excuse me for a moment. I just wanted to note to anyone who might
have come in after the beginning of our public -- when we started the meeting, Items 16
and 17, if you're here for Bear Creek West Subdivision, it has been requested to
continue to April 4th. It was not -- was it properly posted? This item needs to go along
with the variance request. So, it needs to be continued to April 4th. So, we would
apologize for any inconvenience, if you're here for Items 16 or 17, on Bear Creek West.
Okay. Caleb, I'm sorry, I interrupted you, but I didn't want people to have to sit through
that if they didn't need to.
Hood: I'm sure they appreciate that. Thank you, Madam Mayor. As I was saying, this
is a new project on your agenda this evening. It is located on the northwest corner of
Ten Mile Road and Pine Avenue. It is kitty-corner to the Courtyards at Ten Mile. The
recently approved Sommersby Subdivision is across the street. They are requesting
annexation and zoning to R-15 for 12.84 acres. There is a preliminary plat for 41 single
family build-able lots and four common lots and a Conditional Use Permit for a multi-
family planned development. They are also asking for a request to reduce the standard
street frontage requirement of the R-15 zone. And with that I would just like to say we
aren't seeing those very often anymore. This project was, actually, submitted under the
old Title 11 and 12 of city code. It's been held up quite a bit by various -- the applicant
didn't post the site one time. The Planning and Zoning Commission wanted to see
elevations one meeting. So, this is, hopefully, the last application under the old
ordinance and standards. However, the Planning and Zoning Commission at their
January 19th hearing did amend the staff report to require the applicant to comply with
all of the multi-standard development regulations as far as elevations and site design
and amenity type things. I did just want to point that out. But everything else was being
reviewed under the old Meridian City Code. The gross residential density of this project
is 12.77 dwelling units per acre. I do have some elevations for you. Before I get to
those, I guess I did want to make one note, that we did receive an e-mail late this
afternoon from a Laura Wilder. She attended the hearing at the Planning and Zoning
Commission and just wanted the record to be clear that she was not in opposition to the
project, but she had checked the neutral box and she did have some concerns about
livestock and asked some questions and had some comments, but was not opposed to
the project. Now to the aforementioned elevations. And the applicant has also provided
-- the Planning and Zoning Commission at their meeting did ask that there be some
color variations and materials variations. These are the ones that were submitted with
the application and I have some as well from the applicant that he's colored on and I will
put those up for your enjoyment when he comes to give his presentation. With that, I
think I will stand for any questions. You have, again, 41 single family build-able lots,
four common lots, on 12.84 acres.
Meridian City Council
March 21, 2006
Page 25 of 50
De Weerd: Any questions for staff? Okay. Is the applicant here?
Nickel: Good evening, Madam Mayor and Council Members. Shawn Nickel. 839 East
Winding Creek in Eagle, here tonight representing Centennial Development. Thanks to
staff for their help in this process. As he stated, we did agree with your Planning and
Zoning Commission to look at this under the new UDC code, even though we did submit
this before that code went into effect. Some of those new code requirements included
covered parking, in addition to architectural design standards that we will adhere to
within this development. Your Planning and Zoning Commission also recommended a
connection to the west or an easement for this pathway to connect potentially to this
vacant piece of property right here. We have agreed to do that. That is a condition of
approval. One of the other issues that came up in the Planning and Zoning
Commission from one of the neighbors was fencing along the south boundary of the
new road between the public road and the old private Pine Street or Pine Lane Road.
We have agreed to do that. That is also a condition of approval. Your Planning and
Zoning Commission wanted the typical -- you know, our elevations, to kind of doctor
them up a little bit and provide some secondary treatment, so it wasn't just one material.
We agreed to do that. I did provide Caleb with a -- basically to show him where we
were going to have that treatment. It's just a -~ I colored it with a highlighter just to kind
of show you that we would offset the materials. However, I believe that is -- it won't be
pink.
De Weerd: Well, it's better than the mesh wire I think that Kevin gave one time.
Nickel: Better than the lattice that Kevin did last time, yes.
De Weerd: Uh-huh.
Nickel: But that was just to demonstrate that we would provide that different material. I
believe that is covered in your architectural standards, so, again, we are agreeing --
De Weerd: See, we do remember those things.
Nickel: You do. You do. I'm glad you do. Again, this is a request for annexation and
zoning to R-15. The overall density is 12.7 dwelling units per acre, as staff has
indicated. We do have 13 percent open space, including amenities such as a pool,
walking path, a clubhouse, and a tot lot within the development. We are adjacent to --
could you put my colored plan -- thanks. This is the site right here. We are adjacent to
a park and a school. I did kind of color in here to show you what the surrounding
densities and land uses were in the area, keeping in mind that your Comprehensive
Plan does show this as that transit -- future potential transit station for future light rail
consideration, which does support the higher density recommendation or request. Also,
your Comprehensive Plan does support locating medium density to high density
residential along a major corridor, which as you know, is the Ten Mile with the future
interstate connection will be a major corridor, in addition to that future light rail concept.
Meridian City Council
March 21,2006
Page 26 of 50
So, this does meet the intent of your Comprehensive Plan with that in mind. So, I will
stand for any questions that you have.
De Weerd: Okay. Shawn, what was your comment about Pine Street?
Nickel: Currently Pine Street ends at Ten Mile and, then, it's a private lane to the canal
right here. We have the same issue on the other side, if you recall, on Black Cat, where
EI Gato -- or Pine turned into EI Gato.
De Weerd: Yeah, but you made that public; right?
Nickel: We are making it public through our property. The existing private lane will
remain to provide access to these parcels to the south. So, what one of the neighbors -
- I believe it was Laura right here -- wanted to see was a fence on the south side to
separate -- to separate her property or the properties here from the private -- or the
public road. She does have some livestock that she was concerned about, so we did
agree to -- to do that.
De Weerd: So, you're building just half a road?
Nickel: No, I believe we are building a full road length -- or width.
De Weerd: So, you will build it so it is public.
Nickel: Yes. Our portion will be public.
De Weerd: Okay.
Nickel: And, then, once these properties -- and I don't believe it's -- it's a half plus 12,
it's not a full section, but it's wide enough to be accepted by the highway district. Once
the parcel to the south develops, they will build an additional 12 feet and they will take
direct access off that and that private road will go away.
De Weerd: So, how wide will it be?
Nickel: It's a half -~ half section, plus 12 feet. So, it's 24? Looking back at my -- 30 feet
total. Total width of asphalt in a public right of way.
De Weerd: So, that is not including the sidewalk?
Nickel: Not including the private road. That is including the sidewalk.
De Weerd: So, it's 30 feet, including sidewalk?
Nickel: The sidewalk is -- excluding the sidewalk. The sidewalk is in our right of way,
but it's exclusive of the 30 feet.
Meridian City Council
March 21, 2006
Page 27 of 50
De Weerd: Okay. So, it is 30 feet of pavement?
Nickel: Right.
De Weerd: Okay. Council, any questions for the applicant?
Bird: I have none.
De Ween:!: Thank you.
Nickel: Okay. Thank you.
De Weerd: I do have one other person who has signed up as neutral. Laura Wilder.
Do you want to provide testimony, Laura? If you will just state your name and address
for the record.
Wilder: Laura Wilder. 3401 West Pine Avenue. Madam Mayor, this may surprise you,
but I don't really have much to say. Council members. I think most of my questions
have been answered. I just -~ we talked at Planning and Zoning about the road. I know
it's probably not ideal, but our point about the fence, it's not just about the livestock,
those of us that live on the private road -- and not just myself, the other neighbors, we
want to keep pedestrian traffic off of our private lane. We feel that with the high density
housing, it's going to be an attractive walking path to people, but we have livestock in
adjacent areas and it's not just our family, but others, and for their safety and protection
and to prevent issues for us, we want to make sure that there is adequate fencing
between their development and our private road. And so I would like to see that stay as
a condition. And also I would urge you to also require the applicant to comply with the
Unified Development Code. I think the intent of the city is to provide those
enhancements to multi-unit housing and I think it's very important, because that includes
on-sight management and we appreciate the efforts the applicant has made to improve
the appearance of the buildings and comply otherwise. So, I think, you know, we are
trying to work together as neighbors, but the road is an issue and that's a little bit of
clarification about why that fencing is so important.
De Weerd: And you liked the pink highlighting on the building?
Wilder: Not especially. And, you know, you have seen me before, I'm not thrilled about
this, but, you know, we have accepted the fact that Meridian is changing and we just
want to try to, you know, make the development fit as best as possible with the
neighborhood and those buildings are going to be right up against our property and I will
be looking at the back of them. At least the pink was on the front, so -- I appreciate that.
So, that's all that I have. Thank you.
De Weerd: Thank you. Is there anyone else who would like to provide testimony on
this application? Okay. Thank you. Shawn, do you have any concluding remarks?
Meridian City Council
March 21, 2006
Page 28 of 50
Nickel: Thank you. Again, thanks to Mrs. Wilder for that. And just so she understands,
the pink was just to represent that that will be an area that will have brick or rock.
De Weerd: She knew that.
Nickel: But it will be all around this project, not just on the front. So, no pink.
Rountree: Madam Mayor?
De Weerd: Yes, Mr. Rountree.
Rountree: Questions for Shawn, On the entryway off of Ten Mile, is your proposed
private road going to share the access onto Ten Mile or are you going to have two
adjacent points of access and who is going to have the right of way when there is two
cars sitting side by side wanting to enter onto Ten Mile, if that's the case?
Nickel: I'm going to have my engineer address that, because he looked into that issue.
Bailey: David Bailey, Bailey Engineering, 1500 East Iron Eagle Drive in Eagle. What
we did is ACHD has complete or fairly complete plans for the intersection of Ten Mile
and Pine Street and so we used their plans to align our access here and the developer
has actually purchased additional property from the original property from Mr. Shawl,
who is on the corner there, so we could make the access align properly with Ten Mile,
The highway district is also acquiring some right of way further to the south of that, but
what will happen is that -- you can see that road comes in and curves a little bit and,
then, you can see at this point here we have a place where it comes off of here, off of
our property, and back onto that private lane that goes through that area there. So, that
was the intent of that, to provide them their private lane in substantially the same
condition they had it before, but without causing a traffic problem on Ten Mile,
Rountree: Thank you.
Nickel: Thank you.
De Weerd: Okay. Thank you.
Rountree: I have another question.
De Ween:/: Yes.
Rountree: Madam Mayor. I don't see any pedestrian provisions or access to the
school, so we have a fairly high density residential development, probably a lot of kids,
and they are going to have to be bused to the school that's right across the Ten Mile
Creek. Or be inclined to try to get through there to get to school when they are late.
Meridian City Council
March 21, 2006
Page 29 of 50
Nickel: Councilmember Rountree, I think that was one of the reasons that you're
Planning and Zoning Commission wanted us to provide that easement for that pathway
to continue here. The safer route would be when Pine Street does connect -- if you
recall, in Castlebrook -- I believe it was in Castlebrook. And also in Chesterfield --
Chesterfield -- I can't remember these names anymore. The subdivisions. We did
provide a pathway and there is a bridge across the canal into the park and into the
school and that's how we envision, once this property develops right here, to continue
the pathway out of Castlebrook to go up, cross that, and access the park and the
school. That's how we see that. Or we would also provide that access right here and
see how this property develops to the west, so --
De Weerd: You really think kids are going to walk clear over there to -- I'm sorry. I have
kids and --
Nickel: Well, if they walk. I mean if they are not, they are -~ they can also walk up Ten
Mile or they can -- I mean I don't know --
Bird: They are going to take the shortest route.
Nickel -- your snickers. We are not proposing a bridge right directly to our north, so I
don't know how to address that.
Rountree: You answered my question. You're not contemplating anything, so -- thank
you.
De Weerd: Thank you.
Nickel: Okay.
De Weerd: Okay. Council, you have heard the concluding remarks from the applicant.
What would you like to do? I guess while the Public Hearing is still open I will give you
my two cents worth. It's been so worthwhile today. I think what Councilman Rountree
just asked was very eye opening. You're almost going to be creating an attractive
nuisance with the school right across the drainage creek and since I live on a golf
course that had an easement that no one was supposed to walk on, because it crossed
a fairway, and there is kids that lived on the other side and the elementary school was,
then, on the north side. Those kids walked across that easement and it just becomes
this attractive nuisance. They are not going to walk one mile to get three blocks. And I
can't see that any kids that would be located on that site would walk anywhere else,
down the street, then, across the drainage creek, then, through the park over to the
school, when they are located right across from the school property. You're going to
have kids going through that empty drain -- and I don't think it's always empty. I think
there is water in it at all times. And so it is going to be ~- whether you have a fence
there or not, it is going to be an issue. And I think until you approach the school and
see if there is any way that you can find a solution, I think you're creating an accident
waiting to happen.
Meridian City CouncJl
March 21,2006
Page 30 of 50
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: Seeing that we are still open, I think Mr. Nickel wants to respond.
De Weerd: Oh, well, hi, Mr. Nickel. Go ahead.
Nickel: Madam Mayor and Council Members, thank you. If that is a concern, I guess I
didn't understand the -- where the question was going. We did not look into providing
an access. We definitely can -- I am thinking about the problems that we had dealing
with the irrigation district on the crossing and the pathway that we had in Chesterfield.
However, I do understand what you're saying. We are planning on fencing the drain. If
you would like to make it a condition that we pursue working with the school district -- I
don't think the school district is going to have a problem, I think it's the irrigation district
that we would have the problem. So, yes, we would definitely be willing to put a path
and a bridge across the drainage, provided that the irrigation district will work with us.
So, I don't know how you want to -- if you want to make that a condition and ask us to
get either permission or provide documentation that they will not let us cross their
drainage.
De Weerd: I appreciate that. And I would think that the city should be part of that
discussion. My concern is -- and it should be the concern of the drainage district -- is
that it would be to their advantage liability-wise, I would think, too, to find a solution,
because if there isn't, those kids will go there one way or another. And you would think
that the irrigation district would rather find a safe route than risk the creative routes that
kids will find.
Nickel: And one further thing, Madam Mayor. If you could -- and I know we would have
no problem with this, but if you could direct staff to help coordinate that, I think meeting
with the irrigation district with a member of the city would probably be helpful for us to
obtain that, rather just the developer going in and asking for that.
De Weerd: Okay.
Nickel: So, thank you.
De Weerd: Any other questions while the applicant is up here from Council? Okay.
Thank you, Shawn. Oh, additional testimony? If you would, please, come forward.
Thank you. If you will, please, state your name and address for the record.
Jensen: Faith Jensen, 3720 West Pine Avenue.
De Weerd: Thank you.
Meridian City Council
March 21,2006
Page 31 of 50
Jensen: Our land borders the site and -- on the west side and I would like clarification
and what kind of fencing we are going to have on that side, because we have livestock
and whatnot. So, I would just like to know what kind of fencing is going to be on that
site to keep kids out and livestock in and --
De Weerd: Okay. Thank you. Before we ask you to respond, is there any additional
testimony on this application? Yes, sir.
Jones: I really didn't come for this, but --
De Weerd: If you will, please, state your name, first, and your address.
Jones: My name is Charles Jones. I live at 4040 West Victory.
De Weerd: Thank you.
Jones: And I'm also the president of the homeowners association for Parkside Creek.
De Weerd: Uh-huh.
Jones: And my concern is -- I'm not against this, but I do have lots of kids that play in
the park and we do have a problem with them wanting to get in the canals. So, I can
see where you have a bunch of kids living in that park -- or that area, they are going to
go across that canal. And I would just hate to see some day in the newspaper
somebody drowns in that canal. So, I'm just concerned about that.
De Weerd: Thank you, sir. And we hope that the developer, if the Council puts that
condition on, will address that. Okay. Shawn.
Nickel: Madam Mayor, again, Shawn Nickel. We discussed with the Planning and
Zoning Commission that being a chain link fence along that southern boundary. And,
then, to address the gentleman's concern, we will do what we can to -- I mean if we can
get the crossing to work with the irrigation district and try to make it as safe as possible,
so -- I mean I know we can -- we are going to fence it six-foot chain link. You are
correct, if kids want to get over it, they can, but we do have a crossing and we want to
make sure -- or try to have it as safe as possible, so kids can't have that access to the
school without it becoming a nuisance. So, we will work on that.
Bird: Madam Mayor?
De Weerd: Yes, Mr. Bird.
Bird: Shawn, on the fencing, the chain link fencing, is that going to be on the north side
of the road or is it going to fence in the public road?
Meridian City Council
March 21, 2006
Page 32 of 50
Nickel: Madam Mayor, Council member Bird, it will be on the south side of our public
road between the right -- at the edge of the right of way next to the private road.
Bird: The private road. Okay. Thank you.
De Weerd: Shawn, did you talk with the neighbors about the type of fencing and that
sort of thing?
Nickel: I think we can work that out with them. I don't see any problem.
Hood: Shawn? Madam Mayor? I think she lived on the west side, so she's more
concerned about the fencing along the western boundary of your site. Is that also chain
link?
De Weerd: Yes, she's on the west side.
Nickel: Oh, you're over here?
De Weerd: No. Laura is down on the south and --
Nickel: Oh, I'm sorry. You're up here. Okay. So, her question was the type of fencing
on her -- of her boundary. We haven't discussed that. I will -- I don't know what the
developer is planning for that. It can be a vinyl fence. We can do vinyl. It would be
more attractive if it was a vinyl -- six foot vinyl fence. That's typically what we do in
these developments, unless there is a problem -- if there is a ditch over there and she
burns or anything like that, we can work that out with her, but --
De Weerd: And, generally, I guess livestock and vinyl are not real compatible. So,
yeah, you will need to work that out with the neighbors.
Nickel: I don't see a problem with working with them.
Borton: Madam Mayor?
De Weerd: Yes, Mr. Borton.
Borton: Shawn, in light of the fence question, but also back to this access to the school
site, for me that issue is fatal to the viability of this project as to whether or not there is
proper and safe -- a proper and safe ability to provide access to that school site. I went
to elementary school here in Boise next to a canal and we jumped it, jump into it.
Shouldn't have. I mean -- and it was really really fun. And that's what they will do and
everyone's right, we all know it. That scares the heck out of me. So, I guess my
question to you is would you rather have this delayed to allow you to have those
conversations -- I mean that's my inclination is to have those conversations and also
discussion the fence issue on the western boundary. I mean that's --
Meridian City Council
March 21, 2006
Page 33 of 50
Nickel: Madam Mayor and Councilmember, I'd rather have it delayed than denied. So,
if you don't feel comfortable with a condition, then, you can postpone it and we will try to
get an answer from the irrigation district. I prefer a conditional of approval, but, again,
you have to feel comfortable moving it forward.
De Weerd: Anything further, Council?
Bird: I have nothing.
De Weerd: Okay. Thank you, Shawn. Okay. So, Councilman Borton, did you want to
provide a motion to continue this?
Borton: Madam Mayor, I would. But in light of the discussions today and the public
comment and how public comment might be impacted, in light of what access mayor
may not be provided to the north to the school site, I'd move that items 12, 13, and 14,
be continued to the next available date, unless the applicant has a ballpark figure as
when that type of information could be provided.
De Weerd: Caleb, do you have a best guess? Probably a month or more. Which
irrigation district is this?
Rountree: Nampa-Meridian.
De Weerd: Oh. Maybe six months.
Borton: Perhaps April -- April 25th, perhaps?
Hood: Yeah. Five weeks should probably work.
Borton: April 25th to allow the applicant to provide specific information and designs,
their access to the north to the school site, and also respond to try to figure out
whatever issue we have addressed on the western boundary.
Wardle: Second.
De Weerd: The motion is to continue Items 12, 13, and 14 to April 25th, 2006. All those
in favor say aye. Any opposed? Okay. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Item 15:
Public Hearing: VAR 06-006 Request for a Variance to UDC 11-3B-7C6
to allow an impervious surface (irrigation pump house) within a landscape
street buffer in a C-G zone for Destination Place Pump House by Ray
Hallett - 2100 East Overland Road:
Meridian City Council
March 21,2006
Page 34 of 50
De Weerd: Thank you. Item 15 is Public Hearing VAR 06-006. I will open this Public
Hearing with staff comments.
Hood: Thank you, Madam Mayor, Members of the Council. This is the infamous
Irrigation Pump House Station in Destination Place, which you may also be more
familiar with the theater ~- the newly constructed theaters between the interstate and
Overland Road. If you look, that little dot right there is the subject site. Nampa-
Meridian has purchased a lot and block in Destination Place. They constructed a 12-by-
12, I believe it is -- roughly 12-by-12 structure housing their irrigation stuff and there is
weirs and things that go down into the ground pretty deep. We noticed the applicant or
CSHQA of the landscape buffer on Overland Road and, then, encroachment -- there is
a subsequent alternative compliance request that CSHQA submitted to the city. We
denied the alternative compliance request and now you have a variance request to
allow, basically, the same materials and to allow the irrigation facilities to continue
functioning in its current state and just modify the structure that's basically housing them
and I will get to those pictures in a minute. So, there you can see the movie theater
and, again, the pump house is right there today. Here is the proposed landscape plan
to go around the existing irrigation pump house. I guess I'm going to just jump right to
the pictures, because I think they did a really good job of rendering how this is going to
look if you approve their variance request to allow encroachment -- about -- it's about six
feet into the 25-foot wide landscape buffer. If you look at how the grass is cut here, that
would be where your full 25 feet is out to the sidewalk on Overland Road and so it,
basically, goes almost right in the middle of the pump house. The applicant is
proposing to take it from this existing state to the proposed state and provide ~- up to
four feet would be a maximum of 48 inches tall from grade and, then, screen it off with
the shrubs as shown here and, again, on the landscape plan that's kind of the top view
of their landscape plan. Staff is recommending approval of the variance. You do have
the attached findings in the staff report and I would stand for any questions that you
may have.
De Weerd: Council, any questions? Okay. Does the applicant want to make any
comment? If you will state your name and address.
Hallett: Hi.
Washington.
My name is Ray Hallett.
My address is P.O. Box 30, Sunnyside,
De Weerd: We don't recognize you, Ray, without your friends.
Hallett: I'm sorry. I brought the invisible man, but you'd never pick him out. Thank you.
I just really wanted to come up here and use my laser pointer bought just for this, so I
just wanted to, you know, feel important. This hand represents the rock, this hand
represents the immovable object and I'm struck between them. So, this is trying to fix
something that should never have happened, but due to the circumstances, different
agencies and quirks of the various codes, no building permit was required for this
structure, because of its small size and so because we didn't have to get a building
permit, we didn't catch the lot line irregularity. There is, apparently, an exception in
Meridian City Council
March 21, 2006
Page 35 of 50
code to -~ for small structures that a permit isn't required, which I think may change in
the future, hopefully. I'm not in favor of a lot of permitting, but, on the other hand, this
has a 15 foot deep cistern underneath that area right there where the water goes from
this weir box structure -- this is the weir box. This is the diversion box. They are
labeled backwards here, I think, but, at any rate, the water comes out of here, goes into
there, and has two discharges. These manholes represent the tiled pipe which comes
along the front of Overland here and this way and they come in here and, then, go back
along the line and go underneath the freeway to the north. Nampa-Meridian expressed
to us their sincere wish that this structure be located at the confluence of the discharge
point and the delivery point, so that if the power was out on the pump and they had a
delivery that the overflow will go directly into the discharge and go to waste. So, we did
that, believing that was a requirement. It turns out if it had actually been a requirement,
we probably wouldn't be here, but because later they backed away from the position of
it being a requirement and instead made it into something that was highly desirable.
The unit was constructed in the wrong spot. If you could go back to the photograph that
shows the existing structure. As he says, the line is somewhere right along in here.
And if we are unable to get a variance, our solution is we have to dig down 15 feet and
demolish the weir structure and rebuild the weir box structure outside of the easement,
because it's also an impervious surface, much like these structures here, there are
metal grates on top of the existing weir boxes and the delivery boxes are impervious
surfaces and that telephone junction box is an impervious surface and even this
telephone pole right here is an impervious surface. We believed when we did this in
good faith that this was simply another portion of the required irrigation system and this
is the irrigation easement. We are smarter and wiser now. We will never do this again,
I promise. But, at any rate, if we have to -~ if we don't get the impervious surface
exception, our solution is to pick this up, demolish everything, move it back six feet, and
reconstruct it. It's a severe economic waste. The thing works fine as it is and it's going
to have a very minor affect. The one difference I want to say with the staff report is that
we have -~ if you'll go back to the other slide that shows the greenery -- I don't want to
mislead Council, it's our intention to put a 48 inch high box behind shrubbery, but there
is yet another agency that's in this and that's the electrical commission and the electric
meter that's required -~ if you can go back to the one that shows the existing structure --
has to have its meter reading spot 60 inches above grade, so that a meter reader
doesn't have to stoop to read it. So, that means that we are probably going to have
some slight protrusion where that electric meter is and so it's our intention to leave the
electric service exactly where it is, supported on a unistrut and, then, build the -- or use
the new metal structure -- it would be like an electrical switching vault back behind and
just pipe the pipe back behind. So, you will have -- I'll paint it green. I swear to God, I
will paint it green, except the little window. Can't touch that. But that will end up having
to stay there and it will be higher than 48 inches, so I don't want you to think we misled
you. It's probably going to be 66 inches for that little distance. I hope you find your way
to do this. It's 60,000 dollars to move this thing and that's an economic waste. As it is
we can bring it down for about 15,000 dollars, so, hopefully, if you have any questions
be glad to answer them.
De Weerd: Thank you, Ray. Council, any questions?
Meridian City Council
March 21, 2006
Page 36 of 50
Bird: I have none.
Rountree: Madam Mayor, I have a question for Brad.
De Weerd: Okay.
Rountree: My recollection is is due to the urgency of getting this project underway, that
the platting and everything as it related to the infrastructure on this site were not
complete when the applicant came and made the case to go ahead and advance the
work to get the theater open and the comment -- the Council's position was, okay, but
as you develop on the rest of this site, you do it at your own risk, in terms of the final
platting and the installation of the rest of the infrastructure on the parcel. Am I poorly
recollecting what went on? Does that in any way apply to this?
Watson: Councilmember Rountree, Mayor, and Councilmembers, somewhat that
applies. What we ended up doing was allowing them to proceed with the one time
building permit for the theater and the rub came several weeks later when they wanted
to install all of the infrastructure throughout the future subdivision at the same time. The
question came to you whether -- if you could override me to allow that and I
recommended against it, you agreed with me, thankfully, and so they were allowed to
proceed with the infrastructure that was needed only for the theater and, then, come
back with the subdivision plans associated with the plat. I'm not sure that this really
played into that particular issue precisely.
Rountree: I just wanted to make sure, because it's been awhile, you know.
Watson: For me, too.
De Weerd: Yeah. And it didn't.
Rountree: Okay. Okay.
De Weerd: Okay. I just -- we have gone over and over this and appreciate -- Ray,
unfortunately, was kind of brought in in the 12th hour and so we do have this in front of
you tonight. Okay. Is there anyone -- I'm sorry. This is a Public Hearing. Is there
anyone who would like to provide testimony on this application? Any final comments?
Hallett: Just to allay Councilman Rountree's concerns there. Actually, this -- this,
actually, originally wasn't even on its own parcel and much ~- months after the theater
was complete Nampa-Meridian insisted it had to be on a dedicated lot and so the two
lots that we had in the front were moved, one became this little pad as part of this
second subdivision process and that's when this came about. It's straddling the line. It,
really, had nothing to do with the theater, though. Except to supply water to the theater.
Thanks.
Meridian City Council
March 21, 2006
Page 37 of 50
De Weerd: Okay. Mr. Wardle.
Wardle: Madam Mayor, I'm just-- I'm just envisioning the little electrical box and I'm
thinking if you painted it silver and put some eyeballs on it, the kids would think there
was a robot sticking up there. I'm sure that's what my kids would say when we drive by
it.
De Weerd: You could make it look like ET or Harry and the Henderson's and since
those were the friends that you brought with you last time. Darth Vadar would be good,
too. Mr. Wardle.
Wardle: Hearing no further comment, Madam Mayor, I move that we close the Public
Hearing on Item 15.
Borton: Second.
De Weerd: Okay. Motion to close the Public Hearing on Item 15. All those in favor
say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: I move we approve Item 15, VAR 06-006.
Borton: Second.
De Weerd: Okay. Motion to approve Item 15. If there is no further discussion --
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Just looking at the wording here, one can purchase vegetation that's in the
four foot range at this point, as opposed to a one gallon potted plant that's going to be
six years to get four foot. Is it the intention of approval of this that the landscape be
done in such a way that there is an immediate relief?
Wardle: I would include that in my motion.
Borton: Second agrees.
Rountree: Thank you.
Meridian City Council
March 21,2006
Page 38 of 50
De Weerd: Okay. If there is no further discussion, Mr. Berg, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
Item 16:
Item 17:
Public Hearing: AZ 05-064 Request for Annexation and Zoning of
116.81 acres from RUT to R-8 zone for Bear Creek West Subdivision by
Tuscany Development, Inc. - south of West Overland Road and west of
South Stoddard Road:
Public Hearing: PP 05-064 Request for Preliminary Plat approval of 321
building lots and 34 common lots on 116.81 acres in a proposed R-8 zone
for Bear Creek West Subdivision by Tuscany Development, Inc. - south
of West Overland Road and west of South Stoddard Road:
De Weerd: Thank you. Okay. Items 16 and 17 have been requested to continue to
April 4th, due to needing to be heard at the same time as the variance. Okay. So,
Council, I would need a motion. I will open the two public hearings on Items 16 and 17,
AZ 05-064 and PP 05-064, and ask for Council --
Bird: Madam Mayor?
De Weerd: Yes.
Bird: I move we continue the public hearings for AZ 05-064 and PP 05-064.
Rountree: Until?
Bird: Until April 4th, 2006.
Rountree: Second.
De Weerd: Okay. The motion is to continue Items 16 and 17 to April 4th, 2006. All
those in favor say aye. Okay. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Item 18:
Item 19:
Public Hearing: AZ 06-001 Request for Annexation and Zoning of 4.99
acres from R2 to a R-4 zone for Buckeye Place Subdivision by John
Fackelman - east of Black Cat Road and south of Cherry Lane:
Public Hearing: PP 06-001 Request for Preliminary Plat approval of 16
building lots and 2 common lots on 4.99 acres in a proposed R-4 zone for
Buckeye Place Subdivision by John Fackelman - east of Black Cat
Road and south of Cherry Lane:
Meridian City Council
March 21, 2006
Page 39 of 50
Item 20:
Public Hearing: VAR 06-001 Request for a Variance to exceed the
maximum cul-de-sac length of 450 feet for Buckeye Place Subdivision
by John Fackelman - east of Black Cat Road and south of Cherry Lane:.
De Weerd: Items 18,19 and 20 are public hearings AZ 06-001, PP 06-001 and VAR
06-001. I will open these three public hearings with staff comments.
Hood: Thank you, Madam Mayor, Members of the Council. The subject application is
for Buckeye Place. It is located on the -- located east of Black Cat Road and south of
Cherry Lane. It is an in-fill parcel right in the middle of some existing subdivisions here,
is the subject property, five acres that is proposed for development. As you mentioned,
they have applied for annexation and zoning, preliminary plat, and a variance and that
variance request is for the block length. As you can see here, there is not much else
they can do with their block. There is a stub street from the north, but there is nowhere
to stub that to. You have got the canal that kind of runs along the west and south
boundary and an existing subdivision to the east. So, that's what the variance request
is for. There are six single family residential lots being proposed. The density proposed
-- or the density is 3.21 dwelling units per acre in the R-4 zone. There is one common
lot. At the Commission meeting on February 16th they did recommend to -- recommend
approval to this body with no changes. There were -- Mark Goins did show up in
opposition. Josh Wilson is the planner on this project. I did want to let you know that
we also received a letter after the Planning and Zoning Commission meeting. These
folks stayed and it was getting to be a late hour and they just wanted to have their
concerns on the record. So, this is from the president and vice-president of the
Blackstone homeowners association and they have some concerns in that letter dated
February 23rd over traffic and safety, construction traffic, and overall just vehicular new
residence and the one entrance into the site. They have a better map and maybe I will
put that on the overhead for you, but I did just want to go on record saying that we did
receive that letter from them as well with a couple of concerns. The Commission did not
make formal recommendation to the Council on this application, as you are the one and
only final decision makers of the variance application. So, with that information I think I
will stand for any questions you may have at this time.
De Weerd: Okay. Council, any questions?
Bird: I have none.
De Weerd: Okay. Is the applicant here?
Harris: Good evening, Madam Mayor, Members of the Council. Kevin Harris. Business
address 1800 West Overland Road. I really have nothing else to add from your staff
comments. We agree to the conditions set upon us. The letter from the homeowners
association talked about adding some speed bumps through their subdivision.
Unfortunately, that's out of our hands, that's ACHD. If ACHD deems that necessary,
Meridian City Council
March 21, 2006
Page 40 of 50
you know, I think that they will do that. With that I'd stand for any questions from you
guys.
De Weerd: I know our fire department loves speed bumps; right? Mr. Rountree.
Rountree: Madam Mayor. Your plat indicates access to the south into Fuller Park?
Harris: Correct.
Rountree: Was that a pedestrian pathway? Vehicular pathway? Is it proposed for a
sewer easement? What all is going on there?
Harris: Absolutely. Our connection point for our sewer is through that easement there.
They are putting a new sewer line along the canal and that is where we have to tie into
sewer and it will be a ten -- either an eight or ten foot pedestrian pathway a top of that,
not vehicular. There will be an easement for maintenance of the storm drain pond or
retention area to ACHD over that, too.
Rountree: Would you be surfacing that facility all the way to the current surface in Fuller
Park?
Harris: Absolutely.
Rountree: Okay.
De Weerd: Okay. Any other questions?
Rountree: That's alii had.
De Weerd: Okay.
Hood: Madam Mayor.
De Weerd: Yes.
Hood: Councilman Rountree, I did also just want to point out the applicant is actually
dedicating this small piece to the Meridian parks department here right in the corner. If
you can kind of follow the existing pathway, it cuts right here in the corner and they are
dedicating -- it's not -- the square footage isn't very much. It looks like it's 225 square
feet, but it's really going to help that radius around the corner of their property, I did just
want to point that out as well that that will be dedicated to the Meridian parks
department.
Rountree: Madam Mayor, if might comment. That isn't the City of Meridian's property.
It's Western Ada Recreation's property.
Meridian City Council
March 21, 2006
Page 41 of 50
Hood: Madam Mayor, Members of the Council, if I may. You're right. From right here
everything back to the park is West Ada Recreation. The pathway, though, here north
it's my understanding is owned and maintained by the Meridian parks department.
That's my understanding.
Rountree: Madam Mayor, I think we need to check that. I know there is an agreement
to maintain it with the city, but it was my understanding that the property was still owned
by the homeowners association.
De Weerd: And that's Blackstone; right?
Rountree: I don't know. Madam Mayor, just a point that needs to be clarified who gets
what and how much and so we don't create anymore bureaucratic levels of coordination
that don't need to take place.
De Weerd: That's always appreciated.
Harris: We -- I guess Planning and Zoning and our understanding was it was the city's
property. If it's not, we will -- I guess homeowners maintain it and just have an
easement across there for the pathway, if that's what it takes.
Rountree: You're going to make it happen?
Harris: Absolutely.
Rountree: That's the important part.
De Weerd: That's the right thing. Okay. Anything else, Council, for the applicant at this
time? Okay.
Harris: Thank you.
De Weerd: Thank you. Is there anyone else who would like to provide testimony on
this application? Since one party is not here tonight, probably not.
Borton: Madam Mayor?
De Weerd: Yes, Mr. Borton.
Borton: I do have a question for the applicant real quick. Mr. Harris, in regards to the
variance request, the way I look at this plat, if the cul-de-sac extension is not required,
will you be unable, then, to access those southern most properties?
Harris: Yeah. How they measure that is from the intersection here down 450 feet and
that would put the end of our cul-de-sac, you know, probably in this area here and we
Meridian City Council
March 21, 2006
Page 42 of 50
can't get the proper frontage on the cul-de-sac with the cul-de-sac being that far up to
the north.
Borton: Okay.
Harris: And that's why we have to ask for the variance.
Borton: Okay.
De Weerd: Okay. Anything further, Council?
Rountree: I have none.
De Weerd: Okay. And seeing there is no further public testimony--
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we close the public hearings on Items 18, 19 and 20.
Bird: Second.
De Weerd: Okay. The motion is to close the public hearings on 18 through 20. All
those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Rountree: Do we have to act on the variance first?
Bird: No.
De Weerd: No.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we approve Item 18, annexation AZ 06-001 for Buckeye Place
Subdivision.
Bird: Second.
Rountree: And prepare findings.
Bird: And prepare findings. Yeah.
Meridian City Council
March 21, 2006
Page 43 of 50
De Weerd: All of that mumbling was --
Rountree: To prepare findings.
De Weerd: Okay. The motion is to approve Item 18. If there is no discussion, Mr.
Berg.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
De Weerd: Thank you. Item 19.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we approve Item 19, PP 06-001, preliminary plat.
Bird: With findings.
Rountree: With findings.
Bird: Second.
De Weerd: Okay. The motion is to approve Item 19. Seeing there is no discussion, Mr.
Berg.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea.
MOTION CARRIED: ALL AYES..
De Weerd: Okay. And Item 20.
Rountree: Madam Mayor?
De Weerd: Yes, Mr. Rountree.
Rountree: I move we approve the variance request VAR 06-001.
Bird: Second.
De Weerd: Okay. The motion is to approve Item 20. If is there is no discussion, Mr.
Berg.
Meridian City Council
March 21, 2006
Page 44 of 50
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
Item 21:
Continued Public Hearing from March 14, 2006: New fees and
modification of existing fee by the Public Works Department necessary to
cover the costs of development plan review, inspections, site plan and
development plan reviews:
De Weerd: Thank you for lasting through the end of our meeting.
continued Public Hearing from March 14th, 2006. Mr. Watson.
Item 21 is a
Watson: Thank you, Madam Mayor and Council Members. It's good to be here. Sorry I
couldn't answer the question earlier. The first item here is a proposed update to our
review and inspection fees. These fees were first implemented and adopted in 2002.
Those fees served us quite well for several years. Those of you who were here at the
time may recall that the goal -- am I still on? The goal was to recoup around 40 to 50
percent of the operating costs of what was called the Public Works Department, which I
call Engineering Development Services. We did discover that the fiscal year '05 we had
slipped down to about 25 percent on those fees, so an update was necessary. And I'll
try to be brief on this. There are, in general, just a couple things to point out. The
review fees will be going up -- or I propose to go up. The inspection fees would go
down. The net effect is that for most projects, without lift stations, that have a single
review, that are of good quality, the total fees will be reduced. Those projects that have
multiple reviews and are of lesser quality, those fees will go up. There are a couple new
fees that we are proposing. One is a re-review fee for subdivisions. That was
implemented for commercial, but not for subdivisions, almost four years ago and the
new fees are, actually, these four following. Just four. Preliminary plat, water and
sewer, model updates, which, actually, helps the whole community by providing -- or
allowing us quicker modeling response times, flood plane review when subdivisions or
commercial projects come in that are built within the flood plane or flood way -- well, not
the flood way, but proposed in that vicinity. Master grading and drainage plans for
subdivisions. Those have been cropping up as a requirement of particular subdivisions.
We haven't had a tool to implement a fee to review those. So, that's taking care of that
task. And, then, a subdivision grading and drainage plan, which is different than the
master grading and drainage. The subdivision grading and drainage is when a
commercial project comes in, builds everything, except the pads. We don't have a
mechanism to charge for that review and inspection. Also, one of the areas that might
see a slight increase in fees are the small commercial projects. We have discovered
that those take quite a bit of time, just like a bigger project. In fact, sometimes they are
more than a big project. So, unfortunately, some smaller commercial projects will see a
moderate increase in fees, but if you will look at the examples that I provided, under the
existing system the fees for really small projects was in the neighborhood of -- I will say
734 dollars. Under this new system it would be 780. So, it's an increase, but compared
to some of the big projects it's not huge. I would like to propose an effective date of
May 5th on these new fees, if you are inclined to approve them. That would give us a
Meridian City Council
March 21, 2006
Page 45 of 50
month to get the word out on the street, post it on the web, and make a clean break.
And with that I will stand for any questions. Thank you.
De Weerd: Council, any questions for Brad?
Bird: I have none, Mayor.
De Weerd: I don't hear any questions.
Rountree: Madam Mayor, just a comment that, again, I appreciate staff keeping fees
current and -- I know that's something that we have been striving to do for a number of
years. It's good to see that we continue to do it and I think it's one of the many reasons,
but a big reason why we are successful in our programs.
De Weerd: Thank you.
Rountree: Having said that, if there is no further discussion, I move we close the Public
Hearing on Item 21.
Bird: Second.
De Weerd: Okay. Motion to close the Public Hearing on Item 21. All those in favor say
aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Item 22:
Resolution No. 06-058 Fee Schedule for Public Works
Department Development Plan Reviews, Inspections, Site Plan and
Development Plan Reviews:
De Weerd: Item 22 is Resolution No. 06--
Bird: Don't we have to pass on that first and then --
De Weerd: Isn't that what this next one is?
Bird: Oh. Okay. The resolution there. Okay.
De Weerd: Item 22 is Resolution No. 06-058 for the fee schedule for Public Works.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we approve Resolution 06-058.
Meridian City Council
March 21, 2006
Page 46 of 50
Bird: It's just 508.
Rountree: It's 508?
Bird: 06-508.
Rountree: 508. Dyslexic. Okay.
De Weerd: Do I have a second?
Bird: Second.
De Weerd: Okay. I have a motion and a second to approve Item 22, Resolution No.
06-508. Is there any discussion? Hearing none, Mr. Berg.
Berg: Madam Mayor, Members of the Council, just as a clarification, that Brad wanted
these effective May 1 st, so that would be added to the resolution as noted.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
Item 23:
Public Hearing: Fee changes authorized in Title 9, Chapter 1 Water Use
and Service, and Title 9, Chapter 4 Sewer Use and Service of Meridian
City Code including water and wastewater assessment, water meters and
appurtenances, and water system itemized damage fees:
De Weerd: Thank you. Item 23 is a Public Hearing as well. I will open this Public
Hearing with staff comments.
Watson: Thank you, Madam Mayor, Council Members. I forgot to mention during the
previous Council -~ or Public Hearing that both of these proposals were sent to the
Building Contractors Association on February 9th, soliciting their input on these. I
received nothing from them throughout this period. I called and left a message for their
governmental affairs person today and did not receive a return call or an e-mail or a
letter or anything. So, just to make you aware of that. The assessment fee proposal is
an update to those that were adopted in October of '04 and made effective January 1 st
of '05. This is just a normal update to those based on new calculations that use the
same methodology that was used for the previous fees, just -- I'll just cut this short and
tell you that there is a proposed four percent -- 4.6 percent increase in the water
assessment fee and 6.6 percent increase in the wastewater fee and I will just answer
any questions if you have them. Thank you.
De Weerd: Council, any questions?
Bird: I have none.
Meridian City Council
March 21, 2006
Page 47 of 50
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: Brad, I just -- in additional to what Councilman Rountree said, the fact that you
send this stuff to the BCA for their comment, whether they have any or not, I think is
awesome. Probably always done that, but seeing that happen I appreciate it.
Watson: Thank you.
De Weerd: Okay.
Rountree: Madam Mayor?
De Weerd: Yes.
Rountree: If there is no further discussion, I move that we close the Public Hearing on
Item 23.
Bird: Second.
De Weerd: Okay. Motion to close the Public Hearing on Item 23. All those in favor say
aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Item 24:
Resolution No. 06-509 Fee Schedule for Public Works
Department Water and Wastewater Assessment, water Meters and
Appurtenances and Water System Itemized Damages:
De Weerd: Item 24 is a Resolution No. 06-509.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we approve Item 24, Resolution No. 06-509.
Bird: Second.
De Weerd: Okay. There is a motion to approve Item 24. Is there any discussion? Mr.
Berg, will you, please, call roll.
Berg: Thank you, Madam Mayor, Members of the Council. And, again, this is an
effective date of May 1 st of 2006.
Meridian City Council
March 21, 2006
Page 48 of 50
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
Item 25:
Ordinance No. 06-1222 : AZ 05-059 Request for Annexation
and Zoning of 9.71 acres from RUT to R-4 zone for Meridian Hiah
School Ball Field and Technical Center by Hummel Architects, PLLC-
2090 West Pine Avenue:
De Weerd: Okay. Item 25 is Ordinance No. 06-1222. Mr. Berg, will you, please, read
this ordinance by title only.
Berg: Thank you, Madam Mayor, Members of the Council. Ordinance No. 06-1222, an
ordinance for annexation of property located in a portion of the northeast quarter of
Section 11, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, as
described in Attachment A and annexing certain lands and territories situated in Ada
County, Idaho, and adjacent and contiguous to the corporate limits of the City of
Meridian, as requested by the City of Meridian, establishing and determining the land
use zoning classification of said lands from RUT to R-4 in the Meridian City Code,
providing that copies of this ordinance shall be filed with the Ada County assessor, the
Ada County recorder, and the Idaho State Tax Commission, as required by law, and
providing for a summary of the ordinance and providing for a waiver of the reading of
the rules and providing an effective date.
De Weerd: Okay. You have heard the reading of this ordinance by title only. Is there
anyone who would like to hear it read in its entirety. Seeing none --
Bird: Madam Mayor?
De Weerd: Yes, Mr. Bird.
Bird: Seeing how Frank don't want to read that in its entirety, I move that we approve
Ordinance 06-1222 with suspension of rules.
Rountree: Second.
De Weerd: Okay. Motion is to approve Item 25. Mr. Berg, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
Item 26:
Executive Session per Idaho State Code 67-2345(1) (c) To acquire
Meridian City Council
March 21, 2006
Page 49 of 50
an interest in real property which is not owned by a public agency and (f)
To consider and advice its legal representatives in pending litigation or
where there is a general public awareness of probable litigation:
De Weerd: Okay. Item 26 is an Executive Session per Idaho State Code 67-2345(1)
(c) and (f).
Bird: So moved.
Rountree: Second.
De Weerd: Mr. Berg, will you, please, call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
EXECUTIVE SESSION:
De Weerd: I would accept a motion to come out of Executive Session.
Wardle: So moved.
Bird: Second.
De Weerd: All those in favor say aye.
ALL AYES. MOTION CARRIED.
Bird: Are you going to make that motion?
Wardle: Yes, sir. I need, again, the name of the - Mr. Nary?
Nary: The party that has filed a claim with the city is the Clean and Fresh Carpets.
Wardle: Madame Mayor.
De Weerd: Yes, Mr. Wardle.
Wardle: I move we authorize staff to work with Clean and Fresh Carpets to authorize
them to release funds in the amount not to exceed $2,259.00.
Bird: Second.
De Weerd: Okay, there is a motion to do as stated.
Meridian City Council
March 21, 2006
Page 50 of 50
Wardle: Is that good enough Mr. Nary?
De Weerd: Okay, Mr. Berg will you call roll?
Roll Call: Wardle, aye; Bird, aye; Rountree, aye; Borton, aye.
ALL AYES. MOTION CARRIED.
De Weerd: I would entertain a motion to adjourn.
Rountree: So moved.
Bird: Second.
De Weerd: All those in favor.
ALL AYES. MOTION CARRIED.
MEETING ADJOURNED AT 10:21 P.M.
(TAPE ON FILE OF THESE PROCEEDINGS)
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