HomeMy WebLinkAbout2007 09-11Meridian City Council Meeting September 11, 2007
A meeting of the Meridian City Council was called to order at 7:00 P.M., Tuesday,
September 11, by Mayor Tammy de Weerd.
Members Present: Mayor Tammy de Weerd, Keith Bird, Joe Borton, Charlie Rountree
and David Zaremba.
Others Present: Ted Baird, Will Berg, Anna Canning, Len Grady, Tracy Basterrechea,
Joe Silva and Dean Willis.
Item 1: Roll-call Attendance:
Roll call.
X David Zaremba X Joe Borton
X Charlie Rountree X Keith Bird
X Mayor Tammy de Weerd
De Weerd: I will go ahead and call tonight's meeting to order. Thank you all for joining
us here tonight. We will start with roll call attendance.
Item 2: Pledge of Allegiance:
De Weerd: Item number two is our Pledge of Allegiance. Tonight we will be led in the
pledge by Thomas Ahlquist, IV. If you will all rise.
(Pledge of Allegiance recited.)
De Weerd: And, Thomas, thank you so much for leading us.
Item 3: Community Invocation by Will Berg.
De Weerd: Item number three is our community invocation. Is Pastor Dodd here?
Well, I think, then, we will be led tonight by Pastor Berg. If you will all join us in the
community invocation or take this as an opportunity for a moment of reflection.
Berg: Thank you, Madam Mayor. Shall we pray? Our most gracious and kind Heavenly
Father, we want to take this moment on this special occasion as a remembrance of the
things that can happen and how the American people respond to the needs of others.
Let us also remember the -- the great appreciation that we have for our country and the
freedoms that we have and the reality that we are Americans and the freedom that was
fought for our freedom will never die. Lord, help us, the local community, with the needs
that we have. Lord, help these leaders of our community make the decisions that need
Meridian City Council
September 11, 2007
Page 2 of 50
to be made for the right reasons. Lord, help these citizens that come and join together
for the community needs. We recognize that they do it as volunteers and not as -- Lord,
just let us take a moment and express our desires for the people that have helped make
this country great and come to the needs of all of us, in your name we pray, amen.
De Weerd: Thank you. Thank you, Mr. Berg. You know, this being 9/11, Mr. Berg and
Deputy Chief Silva and I, we spent the day with the FEMA emergency management
process and it's emergency preparedness and, you know, on a day like today, bringing
back the memories of what happened not too long ago, and the freedoms that we enjoy
and sometimes take for granted, it's for those reasons that we take a moment and
pause and remember those who lose their lives in protecting that freedom and making
sure that our communities really remain a good place, a safe place to be, so -- and I
apologize that I was late tonight. I was at my daughter's middle school and all over the
Meridian School District -- and I'm so thankful for the school district that we have. They
allow us -- the Mayor's anti-drug coalition, to come in and present to families prior to
open house the dangers of -- that are facing our kids in the schools. At middle school
drug use triples between sixth and eighth grade and tonight we were there talking to
parents that wanted tools that were effective in talking with their kids about the use of
drugs and how they can stand up to peer pressures and it's incredible the things that go
on in our kids' life and the pressures that face them. So, kind of a sober beginning to
this meeting, but also something that we do need to reflect on and not always the
easiest topic to discuss, but also a necessary topic for us to be talking about.
Item 4: Adoption of the Agenda:
De Weerd: And with that said, Council, I would entertain a motion to approve the
agenda in front of you.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: On the agenda Item No. B under department reports, the Public Works
Department, that has been worked out. He would like to -- Len has asked that we pull
that. Item number 10 has been asked by the applicant to be continued to September
19, 2007. Item number 13 has been requested to be --
De Weerd: Item 10 to --
Bird: To September 19th. Next week.
Zaremba: That would be a Wednesday.
Meridian City Council
September 11, 2007
Page 3 of 50
Bird: 18th. I'm sorry. 18th.
Zaremba: They did ask for the 19th, but it should be the 18th.
Bird: 18th. I'm sorry, I'm a day off.
De Weerd:. No. That's good.
Bird: And Item number 13 has been requested to be continued to October 2nd. Item
16, the ordinance number is 07-1336. With that I move that we approve the revised
agenda.
Rountree: Second.
De Weerd: I have a motion and a second to approve the agenda as revised. All those
in favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 5: Certificates of Appreciation for Meridian Fire Department to Casey
Doty, Paul Vandenbos, Andrew Patton & Roman Day:
De Weerd: Which leads us to number five. Deputy Chief Silva has some special
recognition that he would like to share.
Silva: Mayor, Members of the Council, I'm very pleased to be here honoring -- honoring
four college students who took it upon themselves to intervene in a very dangerous
situation. Back on July the 31st at approximately 8:00 p.m. three teenagers playing with
matches in asingle-family dwelling in Meridian were attempting to light a playing card
and couldn't get it to ignite, so they chose to use gasoline to try to accelerate the fire.
They did, but they did not expect that the fumes coming off the gas can would also
ignite and -- ignite things in the home. When the three teenagers came running out of
the home, four college students who were in the neighborhood at a scavenger hunt as
part of their church, heard the cries for help and saw the smoke coming from the
dwelling and they ran over to investigate and see if they could render any assistance.
As the Mayor kind of provided a great segue way, you know, things -- doing things that
are not expected and not because you are required to do it, because it's the right thing
to do at the right time are very important sometimes. This evening we'd like to honor
Casey Doty and Andrew Patton. There were four individuals. Also Paul Vandenbos
and Roman Day were also there. They are not here this evening, but Casey Doty and
Andrew Patten are here this evening and I would like to -- appreciate if we could provide
some recognition for their quick actions and quick thinking. Mayor.
Meridian City Council
September 11, 2007
Page 4 of 50
De Weerd: If you will come forward, please. You know, exactly what I was talking about
earlier is it takes a community and we happen to love the community that we serve and
it's working with individuals like yourself and a number of other individuals that continue
to make Meridian a safe place and a desirable place to live. So, we want to just give a
small token of our appreciation for your quick action and the fact that you took action
and thank you. Giving us -- or allow us to show you our appreciation. Casey and
Andrew. Thank you so much. It's nice to have your families join you as well.
Item 6: Consent Agenda:
A. Approve Minutes of August 21, 2007 City Council Regular Meeting:
B. Approve Minutes of August 28, 2007 City Council Special Meeting:
C. Water Main Easement Agreement for Taco Bell (Dorado) by
Kimball Properties:
D. Approve 2008 Stenographic Service Agreement with MD Willis,
Inc. for Stenographic Services:
E. Cooperative Agreement between Valley Regional Transit and
City of Meridian for Annual Dues and Service Contribution for
$98,138.34:
F. Contract Agreement for Consulting Services for a
Classification and Compensation Project Amendment No. 3
Scope of Work with BDPA, Inc.:
G. Agreement with Qwest Corporation for Qwest Integrated
Services Digital Network Primary Rate Service and / or Digital
Switched Services:
H. Contract Agreement for Consulting Services for an Analysis of
the Police Department's Salary Structure Amendment No. 4
Scope of Work with BDPA, Inc.:
De Weerd: Item number six is our Consent Agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Meridian City Council
September 11, 2007
Page 5 of 50
Bird: On the Consent Agenda we have a couple of contracts -- and Iwill -- which -- the
amount of the contracts aren't written in there, so Item F is $12,445.50. Item H is 6,923
dollars. And with that I move we approve the Consent Agenda and the Mayor to sign
and the Clerk to attest on all papers.
Rountree: Second.
De Weerd: I have a motion and a second to approve the Consent Agenda as read. If
there is no discussion, Mr. Berg, will you, please, call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
De Weerd: Thank you. Item --
Borton: Madam Mayor? If I could just cut in. One of the things that we approved on
the Consent Agenda, which I'm sure none of the Council has any heartburn with, is the
approval of the renewed contract with Dean doing our stenographic services and, Dean,
t know you can hear me. On behalf of the Council I just want to say thanks for a!! you
do for us and putting up with us and our mumbles and jumbles and knocking the mikes
around. You have great patience. So, we appreciate this and appreciate you sticking
with us.
De Weerd: See, you didn't even have to tell him to speak up on that one.
Borton: Got to stand up to see him, though.
De Weerd: Mr. Berg.
Berg: Yes. Madam Mayor, just so that the Council knows, that's the same contract that
we had last year -- or this current here, it's just renewed same prices, no differences in
the cost.
De Weerd: Well, we enjoy seeing you every week punctually on the dot and
dependable minutes. We appreciate what you do, Dean.
Item 7: Department Reports:
A. City Council:
Meridian City Council
September 11, 2007
Page 6 of 50
1. Follow Up on Meridian School District Request to Share
Costs to Move Pine Street School House from
September 4, 2007:
De Weerd: Thank you, Mr. Borton. Item seven under Department Reports. I will turn
this over to Mr. Bird on Item 7-A.
Bird: Madam Mayor. Thank you. Council. We did get a quote on the demolition of that
old building and the abatement and it came in at 10,300 dollars from Ideal and license
or anything like that, we would have to supply, which maybe we could talk the people
into donating or something, you know. Ourselves. On the other, I met with a contractor
and he said get it demo'd and he would -- he feels that we can get a lot of the stuff
donated, but he also thinks that we can save quite a bit of money. So, if the Council
would like, Iwould -- I would recommend that we move forward with something not to
exceed 55,000 dollars. And I don't think you will even come close to it and the --
De Weerd: Okay.
Zaremba: Madam Mayor?
De Weerd: Yes, Mr. Zaremba.
Zaremba: Just to clarify. Is -- is that the portion that we would expend or is that
something we would share with the school district in spending that?
Bird: That's the -- they are -- they are sharing the moving of the building and the
property.
Zaremba: So, our cost would be the --
Bird: Not to exceed. Not to exceed.
Zaremba: Thank you.
De Weerd: Any other questions?
Borton: Madam Mayor.
De Weerd: Yes, Mr. Borton.
Borton: Unless there are other questions, Madam Mayor, I would move that we
approve the expenditure for the Pine Street relocation, consistent with Councilman
Bird's comments in an amount not to exceed 55,000 dollars.
Meridian City Council
September 11, 2007
Page 7 of 50
Zaremba: Second.
De Weerd: I have a motion and a second. Discussion. If once we firm up some of the
numbers, if we could bring that back.
Bird: Oh. No. We -- you got to see what you have got for utilities and now you are
going to lay it on there first to get a good number and got some little donation stuff and -
De Weerd: Well, I will just remember how we did this in case something I bring back
without firm numbers ever is questioned. So, Mr. Berg.
Bird: I've let you get by with not firm numbers.
De Weerd: Mr. Berg, will you, please, call roll.
Berg: Thank you, Madam Mayor. I want to take note of my liaison, so when I bring
something through him that he will feel forgiveness from me.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
B. Public Works Department:
1. Paramount Subdivision No. 14 Final Plat Modification:
De Weerd: Item 7-B was removed from the agenda.
C. Legal Department
1. SWAC Recommendation for Storey Park Bleachers with
Meridian Athletic Roundtable:
De Weerd: So, 7-C, I'll turn this over, I believe, to Mr. Baird.
Baird: Thank you, Madam Mayor. I was just conferring with Councilmember Rountree,
who is a member of the Solid Waste Advisory Committee, and he has some details
about this matter that -- my understanding it was originally discussed sometime ago and
they are looking for a recommendation from the City Council tonight, so that some funds
can be expended after October 1st. I believe the city's share was 20,000 dollars and
with that --
Meridian City Council
September 11, 2007
Page 8 of 50
Bird: Twenty-five. It was 25.
Baird: But I'll let Councilmember Rountree fill in some of those details, since he was at
the meeting.
Rountree: Madam Mayor?
De Weerd: Yes, Mr. Rountree.
Rountree: For those who don't know, the Solid Waste Advisory Committee or SWAC,
as opposed to a swipe at somebody, reviews applications for grants to fund community-
type projects with monies received from the recycle program. A number of years ago a
project came before SWAC to provide recycled aluminum bleachers for Storey Park
baseball field. That original amount was 20,000 dollars. I believe the amount requested
now is 25,000 dollars. The money has been in the city's budget and been carried
forward for several years and never been expended. Looking back on the record when
we first started this grant program, there wasn't a good recordkeeping process in terms
of approval, and though it was an affirmative, I believe, from the Council, then, and an
understanding of SWAC that this project was approved, it's not on record. So, what we
are asking for this evening is -- is a motion to approve the expenditure of these funds
again that have been in the budget and been in the recycle account for a number of
years for this project and that way we would have it on the record officially and make
everyone a lot more comfortable with the expenditure. So, the amount requested is not
to exceed 25,000 dollars for half of the cost of the aluminum recycled bleachers at
Storey Park.
De Weerd: Thank you, Mr. Rountree. Any questions from Council?
Borton: Madam Mayor?
De Weerd: Yes, Mr. Borton.
Borton: What I'm looking at on the web link, it shows the 2005 budget amount. Looks
like it says 20,000 dollars.
Rountree: It is. That was the original request and what they are asking for now is an
additional 5,000 dollars based on the additional cost and the time involved -- since I
believe the original request was like in 2003 or 2004 and it's just been completed.
Bird: Madam Mayor?
De Weerd: Yes, Mr. Bird.
Meridian City Council
September 11, 2007
Page 9 of 50
Bird: I would move that we approve the application from Meridian Athletic Roundtable,
Incorporated, from SWAC for 50 percent of the cost of the bleachers, not to exceed
25,000 dollars.
Zaremba: I second that.
De Weerd: I have a motion and a second regarding this request. Any discussion?
Hearing none, Mr. Berg.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
De Weerd: Now, this recycling program has been a tremendously successful venture
between our waste provider and the city and the community and at some point Ithink --
Steve, since you're here tonight, if we could maybe collectively get some of the
members together and put together a project book or listing of what all it has added to
our community that we can have available, that would be tremendous. Pictures speak a
thousand words and so I think that if we got that together it could really track a lot better.
You can present it at your counter, we can have it in utility billing, and we can do some
good things with it. Thanks.
Rountree: Madam Mayor, just another program plug is that in other communities these
recycle funds go back to the provider and they see it in their bottom line and in Meridian
it comes back to the community in the form of park benches, tables, bleachers,
playground equipment, a number of things that the community can use. So, it's a great
program.
De Weerd: Thank you. Before I move to Item nine, just wanted to point out in our
Chateau Park is a memorial to the September 11, 2001, event and it's showing on our
screen. So, thanks for putting it up. Again, another timely reminder.
Item 8: Items Moved from Consent Agenda:
De Weerd: Item number nine was tabled from September 4th. Anna.
Canning: Madam Mayor, Members of the Council, the item before you tonight is the
Gardner-Ahlquist Subdivision No. 1 final plat. We do have some points we need to talk
about with regard to this final plat. And I forgot to ask staff to put the final plat in the
presentation. That's not a good sign.
De Weerd: Anna, but -- is this the one that wanted to continue?
Meridian City Council
September 11, 2007
Page 10 of 50
Rountree: No. Ten was.
Bird: No.
Canning: No.
Bird: It's the next one.
De Weerd: Okay.
Canning: So, Madam Mayor, I need to take a moment so we can get an overhead for
you. I apologize.
Item 10: FP 07-026 Request for Final Plat approval for 140 single-family building
lots and 21 common lots on 89.70 acres in R-2, R-8 and R-15 zones for
Jayker Subdivision No. 1 by Treehaven, LLC - 4042 West Chinden
Boulevard:
Item 11: FP 07-028 Request for Final Plat approval for 26 single-family building lots
and 8 common lots on 10.70 acres in an R-4 zone for Southwick
Subdivision by Gemstar Development, LLC - 1255 West Ustick Road:
De Weerd: We will go ahead and jump, then, to Item 10 and 11 and entertain a motion
to --
Bird: Madam Mayor?
De Weerd: Mr. Baird, do --
Bird: I move we approve -- we continue -- geez. FP 07-026 to September 19th, 2007.
Rountree: 18th.
Zaremba: 18th.
De Weerd: 18th.
Bird: 18th. I'm sorry.
Rountree: Second.
Meridian City Council
September 11, 2007
Page 11 of 50
De Weerd: I have a motion and a second to continue Item No. 10 to September 18th.
All those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
De Weerd: Item 11 has been requested to continue.
Bird: No.
Rountree: Thirteen.
Item 13; Public Hearing: VAR 07-016 Request for a Variance to UDC 11-4-3-
43.1.2 that requires communication towers to be set back from all publicly
owned right-of-way a minimum of two times the height of the tower to be
installed, to allow a 50 foot setback instead of a 100 foot setback as
required, by T-Mobile - 3100 E. Florence Street: Request to be
Continued to October 2, 2007
De Weerd: No. Thirteen. Sorry about that.
Bird: Been a long day.
Rountree: Want to do 13? Open it.
De Weerd: You want to go ahead and --
Rountree: Go ahead and open it and we will continue it.
De Weerd: I will open the Public Hearing on VAR 07-016 and ask for a motion to
continue this Public Hearing.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we continue the Public Hearing on Item 13, VAR 07-016.
Bird: Second.
De Weerd: I --
Rountree: To 10/2.
Meridian City Council
September 11, 2007
Page 12 of 50
Bird: To 10/2. Second agrees.
De Weerd: I have a motion and a second to continue Item 13, the Public Hearing on
VAR 07-016, to October 2nd. All those in favor? All ayes.
MOTION CARRIED: ALL AYES.
Baird: Madam Mayor?
De Weerd: Mr. Baird.
Baird: I don't see any reason why we couldn't go ahead with the -- Item No. 12. That
would probably take about the same amount of time that it looks like is going to get that
plat going.
Item 12: Public Hearing: Proposed Fee Increases for Solid Waste Collections
by Sanitary Services Company:
De Weerd: That's an excellent idea, Mr. Baird. I will go ahead and skip to Item 12. It's
a Public Hearing for proposed fee increase for the solid waste collection by Sanitary
Services Company and I will open this Public Hearing and ask Mr. Sedlecek to come
forward.
Sedlecek: Thank you very much, Madam Mayor, Members of the Council. Just a point
of -- to respond to one of your comments earlier. We do have a book of projects being
prepared for the recycling funds, where we have spent them. Jaycee Holman from
MUBS and Symantha Miller from our office are putting that together. I'm not sure
exactly what the status of it is. I know they have purchased all of the items for that.
Anyway, moving on to the Public Hearing at hand. We have presented a -- our annual
rate increase to you in a memorandum dated August 6th. This is a two-part increase.
The first part -- well, I'm not sure which part is first, but the two parts are the fact that the
Ada County Landfill fees, which is the landfill all of our waste goes, are going up 67
percent and, then, we have a normal CPI increase for the cost that Sanitary Services
incurs in increased fuel prices and other things. And that is a much smaller percentage
at about -- oh, it's 2.74 percent. So, I'm not sure if you want me to go through all the
rate changes. The residential rates, which are currently 11 and a quarter, will be rising
to 12.70. So, that is a dollar and -- see if I can do my math here. $1.45 a month. So, of
that $1.45, $1.20 of that is attributable to the landfill and 25 cents goes to Sanitary
Services. And it's pretty normal for us to receive every year about a 25 cent rate
increase. It's, you know, somewhere between two and a half and four percent, typically,
a CPI adjustment. And that just keeps pace with the rising cost of operating our fleet.
So, I don't know, do you have any questions for me? Or would you like me to go into
this in more depth?
Meridian City Council
September 11, 2007
Page 13 of 50
De Weerd: Council?
Rountree: Madam Mayor, I would ask Steve to expound a little bit on what the future is
going to bring for us in terms of these costs, because it's anever-ending activity.
Sedlecek: Well, we have with us in the audience tonight Mr. Ted Hutchinson from Ada
County Solid Waste Management and he has a PowerPoint presentation that I'm sure
will dazzle you and explain all of that. The Ada County Landfill is a very inexpensive
place to throw away your waste. That's one of the lowest cost landfills in the western
United States. And this is not -- not -- this is a significant rate increase, no doubt about
it. They have experienced increased costs, because they have expanded their landfill
into a brand new cell. They have air quality or air monitoring and control issues they
have had to deal with through the EPA and it's not an insignificant task to handle all the
waste that they handle. I believe they take in about 2,000 tons per day, more or less.
That's a lot of waste. So, that's four million pounds every day of waste. One thing we
talked about at our last SWAC meeting was -- as increase -- as these rates do increase,
it will drive waste from the landfill. It will cause us to find that recycling and diversion of
materials is more cost-effective. It used to be so inexpensive to throw things away, you
would throw them away, because it would cost more to recycle. Now, that's starting to
turn a bit. Unfortunately, to get their rates go up and that's the consequence to the rate
payer. So, I guess what I'd like to do is turn my time over -- if you don't have any
questions of me, turn it over to Ted and he can answer any questions you might have.
I'm not sure, where should he put that DVD of his?
Baird: Madam Mayor?
De Weerd: Mr. Baird.
Baird: Before we move onto that, I do have a question for Mr. Sedlecek.
Sedlecek: Oh.
Baird: It's my understanding in talking with Bill Nary, that there is an error in the
advertised rates for the roll-off containers and I believe that we will be taking those off
the table tonight and they will be re-advertised. I'll let Mr. Sedlecek address the details.
Sedlecek: Right. Thank you. Madam Mayor, Members of the Council, I made a
mistake in one of my calculations for the roll-off container rental. These are a very small
-- these are small amounts of money that we charge to rent a container and put it on a
piece of property for a construction job. I escalated the wrong rates. I escalated the
rates from two years ago, rather than the current rates. And so, actually, our current
rates are higher than the rates listed that I was escalating them to. So, anyway, we
Meridian City Council
September 11, 2007
Page 14 of 50
have just decided to have no rate increase on that section, it's just one paragraph here
on the second to the last page of the rate sheet and so what we'd like to do is come
back to you -- we have some information that we want to present to Council regarding
commercial recycling. We are going to kick off a new commercial recycling program in
October, Novemberish. We'd like -- we have a time schedule to come before you to talk
about that. And we can also present these rates, which are going to be escalated by
about 2.7 percent. It's not very much money. It's less than the five percent that triggers
a Public Hearing. And we also want to talk about an environmental award that we will
be -- we want to kick off in conjunction with the city's water and wastewater department
to reward or recognize people that are diverting waste and have programs in place in
their businesses or homes to divert waste and recycle.
De Weerd: You know -- and there is a growing awareness and interest in participating
in those kind of programs. I know in our visits with the business community we go out
on one-on-one visits and we have given several company names and contacts to
Symantha. So, we appreciate you moving forward with that program. It will be very
beneficial.
Sedlecek: Thank you. And may I turn the time over, then, to Mr. Hutchinson?
De Weerd: Yes.
Sedlecek: Thanks.
Hutchinson: Madam Mayor, Members of the Council, I'm Ted Hutchinson. I'm the
deputy solid waste director for Ada County. I'm here representing Ada County and our
solid waste director, who wishes to express his apologies for not being here. He
received notice of this meeting after he had had his vacation scheduled and he's over
on the coast, so he's --
De Weerd: Tell him we are disappointed he didn't cancel.
Hutchinson: I will let him know and he will be -- well, he's actually, expressed his
disappointment at not being able to be here. I want to thank the City of Meridian for
extending the invitation to us through Steve to come and address this upcoming landfill
fee increase. Before with the increase -- before deciding to increase the fees, the Board
of Ada County Commissioners asked the solid waste management department to
carefully examine ways to reduce our expenditures. Steps at reducing overall
department spending were implemented where feasible and appropriate. The
department also looked at program costs and -- or even the elimination of programs in
attempts to lessen the impacts of the increased cost. The only significant way to cut
deeply enough involved elimination of programs, such as our hazardous waste
collection and management program or a wood waste recycling program. Tipping fees
Meridian City Council
September 11, 2007
Page 15 of 50
at the landfill heavily subsidize those programs, which are very successful and very
popular with the public, plus they make a lot of environmental sense to continue.
Therefore, to meet the demands of a modern and efficient solid waste disposal system,
the Board of Ada County Commissioners decided to leave the programs in place and to
raise the rates. A number of factors influenced the Commissioners' decision to raise
those rates. The Commission reasoned that the increase is necessary to cover some of
the following: Increased rates for our household hazardous materials management
program, which is free to all county residents. Increased cost for our wood waste
recycling and this is one of the most successful recycling programs in the state.
Typically, we are shipping out in excess of 59,000 tons of wood away from the landfill
every year that is being reused in one method or another, rather than being wasted in
the landfill. We have increased expenditure for expansion of the landfill gas collection
system to comply with the Title 5 clean air permit requirements. We also have
increased costs incurred for repair of an old landfill that was closed when Hidden Hollow
opened in 1972. It's the old Seamon's Gulch landfill that's on the road to Hidden
Springs. The county has acquired the ownership of that and we are taking the
responsibility for repairing the cap on that one. Then, we had some steep increases in
the cost of construction for phase one, which is shown on the overhead there for the
north ravine cell, which is the replacement cell for the aging, Hidden Hollow. Because
of increased prices for liner material, fuel, and construction, which went up roughly 17
percent, the size of the north ravine cell after being put out for bid twice, was actually
reduced by about 20 percent, just to meet the construction -- budget constraints. We
also have the increased cost associated with simultaneously operating two landfills,
Hidden Hollow, which is our aging landfill, and the north ravine cell, which is a long-term
replacement for that length. And with the projected closure of Hidden Hollow, we are
also anticipating additional cost for physical construction and, then, the long-term care
of a closed facility. Beyond these items, the tipping fee at the landfill will also provide
additional services and programs that are beneficial to the residents, businesses, and
institutions of the county, including access to the landfill by all the residents, businesses
and institutions in the county, for extended hours at the landfill. Presently the landfill is
open 12 hours a day, Monday through Friday and ten hours a day on Saturdays. We
have a household hazardous materials collection program, which the City of Meridian is
a partner through their -- their sanitary services. The material that is collected by
Sanitary Services from residents in Ada County is accepted at the facility -- at the haz
waste facility at no charge. I believe the cost of that program was also one of the
additional benefits of your recycling program if he's going back to the city to -- for the
contractor to collect. The disposal cost, which are the bad -- the much larger fees in
that program are picked up by Ada County. We also have a free Christmas tree and
leaf recycling program each year that's available to people who haul their own leaves or
Christmas trees into the landfill and I believe there is a program that Sanitary Services
is one or two weeks in the -- we will pick up Christmas trees, those are all services at no
charge. We have a reduced fee for wood, tire, and refrigeration unit recycling. Again,
these are fees -- items that are subsidized by tipping fees. Probably our biggest hit on
Meridian City Council
September 11, 2007
Page 16 of 50
our budget has been our landfill gas management. The Ada County Landfill gas
management system was originally installed as a voluntary measure to control odors.
However, once this system was installed, unanticipated additional regulations with huge
unanticipated costs associated with that kicked in. We do have a beneficial use of the
landfill gas that's being collected. We have an agreement with a privately owned
company that produces electricity using the landfill gas in a cogeneration facility.
Through the tipping fees Ada County maintains the funds to meet the long-term
regulatory obligations and care for the landfill facilities. All the costs associated with the
landfill operation -- and that's the daily operations, our capital improvement, our
hazardous waste management, environmental compliance and long-term care of the
facility, were all paid for by the tipping fees. There are no tax dollars that support our
operation. The daily operation includes maintenance of the facility, which encompasses
roughly 2,700 acres. It has the two landfill facilities. It has a proposed multi-agency
firearms training facility, wildlife habitat, recreational trails for bicycle and hiking.
Skateboard park that was developed jointly with the City of Eagle. And a planned
bicycle park also a joint City of Eagle, Ada County project. As you can see, the tipping
fees provide services beyond just burying the waste. Ada County continues to strive
towards maintaining a solid waste management system that's environmentally sound
and economically efficient. To look ahead, we are trying to stay ahead of the demands
placed on the solid waste disposal system and to do that we are looking at a
programmed rate adjustment that will happen at more appropriate intervals, rather than
going two or three years and, then, having a large increase, we are looking at getting
into a program where it's more regular at a smaller fee. Again, it is based on looking at
what our actual demands are. Anna, if you could go to the next slide on that -- I'll kind
of quickly run through these slides. These are some of the unanticipated expenses that
were associated with installation of the landfill gas system, the Title Five clear air permit.
When we put this in, like I said, it was voluntary to control odors. Once we put that in,
we found that there was a different set of regulations that kicked in and these were
unanticipated. We didn't think we would have to be doing this for about ten years. But
once we put the system in, it triggered the regulations and sped up the process, so we
have been expending a large amount of money, as you can see, in the last three budget
years, in excess of 1.3 million dollars. It involves the installation of wells in and around
the landfill to collect the gas. We are also installing perimeter gas to make sure that
none of the gasses are leaving the landfill site itself. These are just some of the
horizontal piping that's been put in -- retrofitted into the landfill itself. The north ravine
cell, we have had some additional costs as we went through the development of that,
including the acquisition of two parcels, Eddie Baker's bare ground and about six acres
with a home of a cost of about 900,000 dollars additional. Our budget -- we were
constrained by a budget of about 16 million dollars. We were looking to get 1.6 million
cubic yards of capacity. We had to put this out to bid twice, because the original bid
came in at 19 million dollars. So, we redesigned it and kept our budget of 16 million
dollars, but had to reduce down to 1.3 million cubic yards and primarily that was that
change in construction cost, which were about 17 percent higher, we ended up with
Meridian City Council
September 11, 2007
Page 17 of 50
considerably less space. Now, this is the -- the proposed fee that you will see for the
City of Meridian for the residents for a household. As you can see, Sanitary Services
for their service provision receives about $9.12 out of that. The City of Meridian receives
about 76 cents. I believe that's administrative and billing costs. The Ada County fee is -
- would be $2.82 out of that 12.70 a month. Now, what does that $2.82 buy? It buys
the -- like I said, the daily operations, the access to the facility, that are above and
beyond what you will find at most facilities in the state of Idaho. The household
hazardous materials management program, which is hugely successful -- and, again, I
can't thank the City of Meridian enough and Sanitary Services, because they just
expanded the number of days that they are actually accepting haz waste at their facility
from two days a month to four days a month. It takes tremendous pressure off the
landfill facility, it also keeps this material managed and disposed of properly. Again, the
Christmas tree and leaf recycling, wood recycling, our landfill gas management and
meeting our long-term obligations, as well as maintaining that facility up there.
De Weerd: I don't imagine that we are maintaining the City of Eagle's parks, though;
right?
Hutchinson: No.
De Weerd: Just wanted to clarify that.
Hutchinson: No. The City of Eagle parks -- they approached the county on obtaining a
parcel that's adjacent to the city limits and they put up the majority of the funds. We
provided the ground and along-term lease.
De Weerd: But you don't -- but our fees are not going maintain it?
Hutchinson: Your fees are -- there are no -- there are no fees that -- we don't expend --
De Weerd: I mean we really like our neighbors, Eagle, but they can maintain their own
park.
Hutchinson: Absolutely. And they are maintaining the parks. They are responsible for -
- in effect, one hundred percent of the maintenance is done by them. The property is
owned by the county, but it's operated and maintained by the city. So, it's none of
your --
De Weerd: Just wanted to verify that.
Hutchinson: None of those fees are going there.
De Weerd: Okay.
Meridian City Council
September 11, 2007
Page 18 of 50
Hutchinson: Now, the multi-agency firearms facility, I believe the City of Meridian has --
one of the local law enforcement agencies would have access to that through the --
from my understanding of the plans for that particular facility.
De Weerd: Now, then, does this fee, then, help towards the maintenance of that or is
that through a different arrangement?
Hutchinson: That's through a different arrangement. Again, that's through the sheriffs
office. Again, the solid waste management fund owns the property, but the sheriffs
office will do all of the -- all of the improvements, again, without -- none of our funds are
being expended for -- for that.
De Weerd: Okay.
Hutchinson: This slide is -- was based on a financial model that was prepared by our
consulting engineers. Looking at a scenario -- a possible scenario of fee increases over
the next several years, again, we want to get into -- like I said, into a programmed
increase where it happens at a more regular basis and the increases are smaller.
There will come a time and, unfortunately, this doesn't show that time, where those fees
actually flatten out considerably and according to their project -- or the model it does
actually show fee decreases as we get back out when our operations are no longer
doing expansions, but simply burying within the footprint of the landfill. And, lastly, is
how do we stack up -- we took -- got some information from -- from Sanitary Services
and we plugged this into the information that we have that we gathered from other
agencies, particularly Bannock County and Kootenai County. In the Pocatello area,
based on their tipping fee at the gate, which is $11.20 per cubic yard at the landfill gate,
and based on the waste generation in the City of Meridian, which is 3.38 cubic yards per
household per year, that's a very nice number. Just a little bit higher than the City of
Boise, but you're -- and they are a little bit larger -- you have been in a little bit larger
building mode than they have. Anyway, it compares out that if you just took the annual
landfill fee, Ada County for -- the City of Meridian resident pays is $33.80, at Pocatello
it's $37.86 and in Coeur d'Alene it would be $38.16. If you will notice the second
column there is an annual solid waste fee that's assessed on their taxes. Ada County
has no such fee. There are no tax dollars that support our operation. There is nothing
on the tax bill that goes to solid waste management. It's all done by what we do at the
gate. In Bannock County there is a 40 dollar a year fee and in Coeur d'Alene an 88
dollar a year fee that's on their tax assessment, which brings your annual cost up as you
can see considerably more than what the residents in Ada County are paying. And with
that I would gladly entertain any questions that Council might have. Appreciate the
opportunity to speak to you tonight.
De Weerd: Thank you. Council, any questions?
Meridian City Council
September 11, 2007
Page 19 of 50
Bird: I have none.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: We didn't even miss the director. You did fine. A question that actually isn't
a budget question. With all the growth that's going on, do you have a projection of how
long the current site is going to be usable? Will there ever come a point where it's
overfilled?
Hutchinson: Madam Mayor, Councilmember Zaremba, we do have aprogram -- the
north ravine cell is, actually, programmed out to be our long-term disposal option for the
residents of Ada County. The expected life on that was -- when we went through the
hearing process and the information gathering process for the public, they wanted us to
think long-term in excess of 50 years. This landfill has a life expectancy of between 70
and 100 years. Now, it's being built in phases. Obviously, we could not afford to build
the number of phases all at once that are involved in that. So, we are in this kind of a
design, build, construct phase where about every two years we will be in a construction
phase to expend this until we get the entire facility, which is 300 acres. Our current
landfill is rapidly nearing its capacity, so that's why we have got the new one in place,
the expansion is programmed, but it is a long-term solution. And that's why you see the
rate increases is because we do have a period of construction for the next roughly 28
years and, then, we will no longer be expanding outward, we will be going upwards and,
then, the cost of actually doing business goes way down. So, that's when the fees
flatten out and, then, actually begin to decline. Something to look forward to is a decline
in a utility bill.
Zaremba: Thank you.
De Weerd: Does the county have a citizens advisory committee?
Hutchinson: No, we don't, and that's one thing that has been suggested, Madam
Mayor, is that we do look into an advisory committee to aid in this. It's been pretty much
just the department with guidance from the Board of County Commissioners and --
De Weerd: Well, we certainly would invite you to join our SWAC and maybe have that -
- have that discussion as part of that.
Hutchinson: Actually, our director gets -- gets to attend the meetings on a regular basis,
so --
Meridian City Council
September 11, 2007
Page 20 of 50
De Weerd: Good deal. Any other questions from Council?
Hutchinson: Again, thank you very much for your time and hope that answered some of
your questions.
De Weerd: Thank you.
Hutchinson: Thank you.
De Weerd: This is a Public Hearing. Is there anyone who would like to provide
testimony on this item? Steve, any closing remarks?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Seeing no further comment, I move that we close the Public Hearing on item
number 12.
Bird: Second.
Zaremba: Second.
De Weerd: I have a motion and a couple of seconds to close the Public Hearing on
item 12. All those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
De Weerd: Council, looking for your direction.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we approve the rate increases as outlined in the August 6th
memo from SSC, with the exception of the roll-off fees, which will be dealt with at a later
date.
Bird: Second.
De Weerd: I have a motion and a second to approve the request in front of you. Any
discussion?
Meridian City Council
September 11, 2007
Page 21 of 50
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: These new rates effective October 1?
Bird: Yes.
Rountree: Yes.
De Weerd: Mr. Berg.
Berg: Thank you, Madam Mayor. I presume that means to prepare a resolution as
such for the --
De Weerd: That's what I heard.
Berg: -- for the next Council meeting? Thank you.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
Item 9: Tabled from September 4, 2007: FP 07-027 Request for Final Plat
approval for 11 commercial building lots on 18.47 acres in a C-G zone for
Gardner-Ahlquist Subdivision by Ahlquist Development, LLC -
Southeast Corner of Eagle Road and Franklin Road:
De Weerd: Thank you. We will go back to item number nine and turn this over to Anna
to discuss FP 07-027.
Canning: Madam Mayor, Members of the Council, I apologize for the delay. This is the
Gardner-Ahlquist Subdivision No. 1. It's located at the corner of Eagle and Franklin
Roads and that would be the southeast corner of those two roads. It is zoned C-G and
the proposal for the final plat is for 11 buildable lots on about 18.47 acres. There are
some items we need to discuss. The first is with regard to a roundabout. During the
City Council hearing on April 24th, 2007, the applicant proposed to construct a
roundabout to alleviate cut-through traffic at the intersection of Louise Drive and
Brooklyn Avenue. The City Council was supportive of this proposal and it was made a
condition of approval. However, the applicant's traffic engineers, Horrocks, decided to
design the internal street system without a roundabout. Horrocks Engineers believes
that the intersection of Louise Drive and Brooklyn Avenue functions better without the
roundabout. ACHD reviewed the preliminary plat on April 27th and was not generally
Meridian City Council
September 11, 2007
Page 22 of 50
supportive of the roundabout concept for the development. Further, staff spoke with
Lori Den Hartog with ACHD on August 29th and ACRD staff is still not overly supportive
of a roundabout constructed at this location. If approved, however, ACRD will require
the roundabout to be a full roundabout, not a traffic circle. The applicant may have
additional information on how this requirement may impact development of the property.
The development agreement in effect for this site requires the applicant to construct a
roundabout or provide acity-approved alternative design for the internal streets.
Instead of the roundabout, the applicant is proposing to construct a T intersection with
an all-way stop control, with a stop sign and a supplementary all-ways sign posted at
each intersection. So, the first request from staff is that Council decide if the applicant's
proposal for potential cut-through traffic mitigation is adequate to satisfy site-specific
conditions number five. And I can bring those up in a moment after -- well, I can bring
those up. Number five states the applicant shall construct a roundabout at the
intersection of Louise Drive and Brooklyn Avenue to alleviate potential cut-through
traffic or provide acity-approved alternative design for the internal streets. So, that's the
first issue. The second issue is with regard to Eagle Road. During the April 24th
hearing the City Council required the applicant to vacate the surplus right-of-way
adjacent to Eagle Road. And, as you will notice, this property has a very irregular
boundary with regard to Eagle Road. This is Eagle Road. In fact, I dare say that we
have never had one quite so irregular. So, the applicant was required to vacate the
surplus right-of-way adjacent to Eagle Road or obtain a license agreement to construct
landscaping in the required 35 foot landscape buffer along Eagle Road. At that time it
was anticipated that Eagle Road in front of this property was constructed to its ultimate
section. Since then, ITD and the city have been contacted by a developer that is
proposing to make additional capacity improvements to Eagle Road, including in front of
this property. And that would be a full lane -- a full additional lane of travel from the
interstate to Fairview and beyond. So, it would be a right-hand turn lane in front of this
property. The proposed landscape plan submitted with the final depict the 35 foot wide
landscape buffer being constructed almost entirely within the ITD right-of-way, not
anticipating the construction of this right-hand turn lane. And in fairness to the
applicant, this did happen after their preliminary plat approval. The western property
boundary of the site is irregular and jagged, as we mentioned before and if the
landscaping were constructed entirely on the applicant's property, the landscaping along
Eagle Road would be correspondingly jagged, providing an uneven and probably
unattractive appearance. Therefore, the applicant has expressed to staff that a
variance will be applied for to construct the Eagle Road landscape buffer within ITD
right of way. Staff is supportive of the idea of the applicant using some of ITD's right-of-
way for landscaping, but has concerns that it will not be preserving enough of the right-
of-way for the future expansion of Eagle Road. Staff also has concerns about the
pedestrian facilities along Eagle Road. If and when the right turn lane is constructed,
the existing attached five-foot sidewalk will need to be removed. The applicant is
proposed to add an additional five feet of concrete sidewalk to the existing sidewalk to
meet their ten-foot requirement. On August 14th, 2007, the City Council was supportive
Meridian City Council
September 11, 2007
Page 23 of 50
of the five plus five design with the southern portion of the development, given the
possibility of additional right-hand turn lanes, staff is not supportive of this request for
this phase. Instead, staff believes that the applicant to construct aten-foot wide asphalt
pathway that is detached from the future back of curb after the right turn lane is
constructed for Eagle Road. This pathway can meander through the landscape buffer
and count towards the landscape buffer width of 35 feet. To date the exact width
needed for Eagle Road drive lanes has not been determined. So, the second input that
staff is asking for is staff is updating the conditions of approval for the final plat to
require the situation noted and that's site-specific conditions number six and number
seven. And those say prior to signature of the final plat by the city engineer the
applicant shall vacate, exchange, swap all portions of the public right-of-way adjacent to
the western boundary of the subdivision that are beyond the required ultimate right-of-
way necessary for Eagle Road, as defined by the transportation authority. And we
specifically put Wade Christensen at ITD in this instance. And construct a 35-foot wide
landscape buffer along Eagle Road located outside of this right-of-way. The applicant
may apply for a variance to construct portions of the landscape buffer that are located
within the right-of-way. This is a very long final plat staff report. I apologize. It's a tricky
one. Again, staff is mindful of the fact that the applicant should not be penalized
because of the possible intersection widening. Therefore, we have tried to fashion that
condition of approval with enough latitude to allow the applicant to move forward with
this project, while still preserving the best interest of the city, which is getting that other
right-hand turn lane built. Note, the applicant is currently working with ITD to swap
some properties on the site. Wade Christensen and ITD staff has stated that the future
back of curb with a right turn lane will be approximately 71 feet from the center line of
Eagle Road. So, that would leave an additional 15 to 20 feet needed for utilities and
pedestrian facilities. The unfortunate part is on -- unlike the Eagle Road -Ustick
intersection, the construction drawings have not yet been done for this property. You
will remember that you have approved a number of variances at that Ustick and Eagle
intersection, because they did have the -- the final drawings in place. We were able to
know exactly how much was excess right-of-way. Given all that, staff is recommending
approval. The final plat does substantially comply with the approved preliminary plat,
but we need Council to acknowledge these changes or to agree with them. We have
not received a letter from the applicant, because of these outstanding issues and I know
that they have a presentation for you tonight, I would anticipate. And with that I will
answer any questions Council or Mayor may have.
De Weerd: Council, any questions at this point?
Bird: I have none.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Meridian City Council
September 11, 2007
Page 24 of 50
Zaremba: You commented that ACRD was not supportive of the roundabout idea for
cut-through mitigation and either here or when I was studying earlier, we do have the
ACHD report in now, I believe. Are they supportive of this configuration?
Canning: My understanding was that they were, but I can double-check their staff
report, unless Mr. Inselman is still here, by any chance.
De Weerd: And the staffs nodding over there. We will ask that of the applicant.
Zaremba: Okay.
De Weerd: Any other questions for staff? Good evening.
Ahlquist: Good evening. Tom Ahlquist. 13901 West Wainwright, Boise. 83713. Good
evening, Madam Mayor. Although that may be a very jagged and bothersome drawing
to you, I dream that at night. It's been a nightmare going through that corner. And
when the knights in shining armor from CenterCal came into town, just as we were
finishing our final plat, it certainly -- it's certainly been an active week for us with ITD.
So, I think we have answers to most of your questions. I believe that Pamela Hall has
passed out an ACHD letter, dated September 10th. They have been very forceful in
their disapproval of the roundabout to us, but have been less than forceful in their
comments back to the city. We did obtain a letter from Mindy Wallace at ACHD that
states that the district would not be in support of a roundabout in this location due to the
potential increase in cut-through traffic between Eagle Road and Franklin Roads. So,
as our traffic engineers have studied it and ACHD has also reviewed it, the roundabout
actually increases cut-through traffic, which was the whole reason to have the
roundabout in the first place. So, they are in support of the intersection as designed in
the final plat. The second issue, which just, again, came up this last week. We had a
meeting with Wade Christensen going over this -- this third lane issue. No one, more
than us, would appreciate a through lane going past RC Willey and now that there is
potentially, with the closing in December of someone that's going to make that happen,
that is exactly what we have been hoping for. I think everyone has been hoping for that
funding and for that to happen. So, we are anticipating those discussions and have
been anticipating this problem all along. We have traded some of our property with ITD
to create more space for any future improvements there. I have a couple of exhibits
that have been passed out to you here. The second page, which shows existing section
-- will show you the existing road on -- with the through lane and, then, the right turn
lane that, as you know, goes all the way from St. Luke's past our property and, then,
turns right. Meeting with Wade Christensen this week, there are no plans and this is still
CenterCal coming in and saying, hey, we are going to do this, it's going to be great, but
there are no construction drawings for us to go on. So, he has asked our engineers to
turn in to him a drawing of what a third lane would look like with a turn lane and that's
Meridian City Council
September 11, 2007
Page 25 of 50
the second exhibit from Horrocks Engineers. This is the exhibit that will be turned back
into ITD and is, from a meeting with Wade Christensen this week, is what he wants,
which he wants the right lane to start after the right-in, right-out and, then, go down and
turn right at Franklin Road. When you look at the distances, which are shown on the
second page that's colored, showing the possible right -right-of-way street section for
Eagle Road, we have taken the worst case scenario, which is 14-foot width lanes, even
though they vary from 11 to 14 feet, and using that scenario and marching out the
current right turn lane, which would become a through lane, and, then, 14 more feet for
the right turn lane that would be a future right turn lane that is not designed yet, even
with that we have a 35-foot landscape buffer and 45 feet to our property. So, although
when you hear that we need to put another lane in, we need to change our final plat,
because of some of our anticipation early on in our process, we should have plenty of
room to accommodate and our plans are to turn in this drawing to Wade Christensen to
ITD when we do our licensing agreement with them and encroachment application for
Eagle Road and this is -- this is what he has requested to be turned in, even though
there are not formal construction drawings, we met with him with our engineers to
construct that in a way that's acceptable to them, which should also accommodate with
this landscape buffer. We have also signed a -- or signing a licensing agreement and
have worked out all the land swapping, so that that corridor will, of course, be
landscaped and look -- look like it -- it should in a development of this -- of this caliber.
Those were the two major issues that we had with findings were the roundabout and,
then, this -- this turn lane. Are there any questions, Madam Mayor?
De Weerd: Any questions?
Rountree: I have none.
Bird: I have none.
De Weerd: Anna, any comments on these drawings?
Canning: Yes, ma'am. Madam Mayor, Members of the Council, again, we just wanted
-- it's an unusual final plat in that it just doesn't look exactly like what was presented to
you originally, but it sounds like they have certainly met the intent of the preliminary plat
and, as we stated, staff was recommending approval of the final plat. We just wanted to
make Council aware of these things that we are working on with the applicant, so --
De Weerd: Well -- and it does give something to look at when they bring it in for those
signatures.
Canning: I believe that the existing conditions of approval meet the needs of the
applicants, as well as the city at this point, unless the applicant had specific changes
they wanted to make to the conditions of approval.
Meridian City Council
September 11, 2007
Page 26 of 50
Ahlquist: I believe Pamela has a few minor details that she wanted to address. One
question that came up in your comments, Anna, was the landscape buffer. As you
know, we came back and said this five-foot plus five-foot with a sidewalk, that's okay
with ITD as well, but I wanted to make sure, again, that that's something that's going to
be acceptable to Council. It would be the second time we have brought it before you,
but those are our plans and it does fit within that landscape buffer and that right turn
lane that would be -- but be constructed at a later date.
Canning: Madam Mayor, Members of the Council, perhaps I don't understand. I
thought the five-foot sidewalk was already in place. Is it not attached to the curb
currently?
Ahlquist: Yes, it is attached, but I guess you brought up an issue in your report just now
stating that that was something that was a concern to you. Has that concem been
resolved, Anna?
Canning: Madam Mayor, Members of the Council, our concern is that if they do the five
plus five at this time, it is likely to just get ripped up in the, hopefully, near future to
construct the additional turn lane. So, we may not -- there has not been a commitment
on the part of the developer that wants to build the capacity to also build sidewalks. So,
our hope was to relocate the sidewalk to someplace where it could remain forever.
De Weerd: So, is the suggestion, then, not to do the sidewalk until that road
improvement is done? Or the pathway.
Canning: Or once we know where the ultimate right-of-way is, to locate it outside the
ultimate right-of-way and what we typically see is a detached sidewalk that's ten feet in
width that can be within that landscape buffer. It doesn't mean that they have to have
an additional ten feet of landscaping. It just is within the 35-foot landscape buffer.
De Weerd: And they can work with staff on placement after all these details are worked
out?
Canning: Once we know where the ultimate right-of-way is, yes.
De Weerd: And does that work for you?
Ahlquist: Let me ask my engineer.
De Weerd: It's yes or no. We need you on the public record.
Meridian City Council
September 11, 2007
Page 27 of 50
Zaremba: If I'm interpreting correctly, the assumption is the current five feet is not
usable.
Canning: Correct.
Zaremba: Or we anticipate that it will not be usable.
Ahlquist: Madam Mayor, Council, from our perspective, I mean we are trying to play
ball with everyone here, but we have got a contract that's not even closed yet on
property that's in December of this year before it even closes and although these are
great ideas initially, we are very anxious to get going with our project and want to do
something that ultimately fits well for us. So, we had designed these tree grates that
are -- ended up being about 27,000 dollars, with lighting, and we really wanted the
corridor to look great, so to be changing up our look and feel to our project for
something that may or may not happen, is a significant concern to me. Doing a
detached asphalt sidewalk and leaving that the way; it is just -- you know, I mean we
certainly will do what we need to to get it done, but (-- but it is a little strange at this
point in the game without construction drawings or anything hard on the table to be
speculating about the corridor on our property.
De Weerd: And it, unfortunately, needs to go through a public process that has been
kicked off through Compass for the mitigation and analysis, so -- if you will, please,
state your name and address for the record.
Hoopes: Madam Mayor and Members of the Council, my name is Kelly Hoopes. I work
with Horrocks Engineers at 5700 East Franklin in Nampa. And we have been working
with Tommy on this project for some time now, but this particular item has just come up
to us in the recent past and this exhibit that is showing up now may answer some of the
questions that have just come up. If I may, can I step over and show this --
De Weerd: If you will grab that --
Hoopes: Oh, this will work just fine here. And what I'd like to point out here, the existing
curb and the existing sidewalk follow right along that line, as you see it here. Then,
what has been requested is the addition of a 12-foot lane of a right turn lane as shown
right there. Now, as you can see from what we are looking at, this line down through
here is what has always been and what has been presented as the ultimate build-out
line and what I'm saying by this is the top back of curb falls very near, but within what
we have proposed as the ultimate build-out. So, what I'm saying, in essence, is this
addition of the 12-foot lane is still within what we propose as the ultimate build-out, then,
the ten-foot sidewalk falling outside of that top back of curb would be within that 35-foot
landscape buffer strip that is beyond. Hopefully, this -- this clarifies that concern
somewhat of where that -- that 12-foot additional lane would fall. If you can see it's
Meridian City Council
September 11, 2007
Page 28 of 50
fainted back, but you can kind of see up around in here, that is where that existing top
back of curb and sidewalk fall.
De Weerd: Questions?
Rountree: Madam Mayor. So, if I'm understanding correctly, the five plus five was
never a workable solution. We are looking at ten?
Hoopes: We never -- the five plus five creates the ten. So, the ten-foot is five of the
existing, plus five additional. Now, in this situation with the ultimate build-out, the
existing would not -- the existing is back along this line. So, the ten would be a total of
ten, but it would be new in this case if that were to occur. So, the five plus five, you're
correct, is not workable if we have that build-out, because all of that ten would have to
be new if that additional 12-foot lane were shifted over as possible --
De Weerd: So, Anna, with the current drawings showing that it still works, do you feel
comfortable leaving it at the staff level, that as long as it works, that they can go ahead
and add the five feet to the five feet, just as long as the ultimate goal of ten-foot and the
improvements, should they make it through all of the necessary and regulatory type of
processes happens?
Canning: Madam Mayor, Members of the Council, it appears that they have addressed
the primary issue we had. They did propose and will be able to do -- use the existing
five-foot and attach afive-foot on the southern portion of this property and I think what
their desire is to -- is to extend that look and it's a unique situation and I think it would
look better to keep it consistent, probably. So, I'm not opposed to it. We do need to
modify condition number seven to remove the word detached and to probably just call it
a sidewalk adjacent to the --
De Weerd: If you just call it a ten-foot wide pathway/sidewalk and --
Bird: Just eliminate detached. Multi-user.
Canning: Madam Mayor, perhaps something like that would work for everyone. It
reads: The applicant shall construct aten-foot wide sidewalk with public use easement
for any portion of the pathway located outside of the right-of-way at the edge of the
ultimate right-of-way. That's not quite right. At the edge of the right-hand turn lane.
De Weerd: Yes.
Bird: Yes.
De Weerd: I guess referencing the ultimate build-outs, just --
Meridian City Council
September 11, 2007
Page 29 of 50
Borton: Madam Mayor?
De Weerd: Yes.
Borton: Isn't it -- isn't it -- part of it is adjacent to the right-hand turn lane and the
southern portion of it would be adjacent to the right of way? The right-hand turn lane
doesn't bend.
Canning: The southern portion -- it's adjacent to the -- whatever the right-hand lane is.
It's not a turn lane in that instance necessarily.
Borton: Okay.
Canning: But it's the right-lane and it's an attached five-foot sidewalk currently that will
remain.
Ahlquist: Madam Mayor, I'm still a little confused. I want clarity on this. That -- so
everything south we are okay on, but everything north, Anna, if we -- if we -- are you
saying that we tear out what's there and build it back off of what the proposed right-hand
turn that isn't -- doesn't exist yet or do we construct it where it's at and, then, it's
changed at a later date, just like the rest of -- the rest of Eagle Road from the freeway
down will need to be changed?
Canning: Madam Mayor, Members of the Council, if I might answer the applicant.
What we heard the engineer say is that the five-foot sidewalk would be replaced.
Ahlquist: Madam Mayor, Council, does that mean that -- what happens -- we don't have
construction drawings or any idea of what's going on inside of that. What happens on
the inside of that until -- and if all this other transpires with the money to improve Eagle
Road and what if it doesn't?
De Weerd: I'm spending a great deal of prayer on that one.
Rountree: Is it working?
De Weerd: I hope so. We will see, uh.
Canning: Madam Mayor, if we remove the word turn and just put the right-hand lane,
the existing sidewalk is at the right-hand lane, so in the event everything that we hope
and pray happens does not happen, then, they will still be okay with the condition I think
as I have modified it.
Meridian City Council
September 11, 2007
Page 30 of 50
Hoopes: Madam Mayor, Members --
De Weerd: You can't argue with prayer, can you?
Hoopes: No. Madam Mayor, Members of the Council, just as a matter of clarification of
what -- what I stated there, the existing sidewalk would need to be removed if that future
right turn lane were built out. Now, I'm not arguing that point. What I'm saying here --
and, hopefully, clarifying what was brought up, is that assuming for the present time that
right turn lane is not built, is the applicant required or able to simply just add onto the
exiting five-foot sidewalk and continue the corridor as it is in the southern portion. So,
as a clarification, all I'm stating is that if that right turn lane were added on, it would
overlap or take out that existing sidewalk, which would necessitate that we would have
to remove it and build on it. So, in the event that that right turn lane is not added, simply
can we just add onto what's existing there right now and continue the corridor?
De Weerd: Now you have me confused, because I thought you had mentioned that the
existing sidewalk is adequately in place and is not in where that future lane would be.
No? That's not what you said?
Hoopes: No.
De Weerd: Okay.
Canning: Madam Mayor, Members of the Council, let me -- I think I can summarize at
this point that -- I mean clearly the question is where is the ultimate right-of-way? We
have said that we need a letter from ITD stating where the ultimate right-of--way is and
we have only allowed one person to give us that authority and that's the person that's
working on both this project and on the proposals for Star legislation funds.
De Weerd: And that's Wade.
Canning: And that's Wade. So, we have said Wade needs to determine where the
ultimate right-of-way is. Once that's determined, if he determines that -- that it won't
require the right-hand lane here or that that's not appropriate or necessary, then, the
applicant -- I believe the conditions now are structured such that the applicant could
either -- could do the five foot plus five. So, I think all of our conditions related to this
work both ways at this point. They are just based on that ultimate right-of-way. So,
once we know what that is, I believe we are good to go.
De Weerd: Okay.
Ahlquist: Madam Mayor, just a point of -- I think the ultimate right-of-way and ultimate
build-out are two different -- two different things and I think that's why I'm so confused.
Meridian City Council
September 11, 2007
Page 31 of 50
We are already out of the way of ultimate right-of-way, which we showed on the drawing
is that 45 feet. We are okay on right-of-way. Where we are at is build-out. If we do the
five plus five and put this in this winter, you know, we are not going to know what they
are going to do until then and it's either replacing the entire sidewalk and moving it back
before or after. This is a question of timing. And I think it's amatter -- when we met
with Wade, it's not a matter of ultimate right-of-way, it's an ultimate build-out; is that not
correct?
Canning: Madam Mayor, I do believe the applicant is correct. From what I understand,
ultimate build-out, except for perhaps the very end of the sidewalk as it gets toward
Franklin Road, can be within the existing right-of-way. There was some question just at
the very end whether it would fit within the existing right-of-way.
De Weerd: So, just -- how is that for an answer?
Ahlquist: Madam Mayor, I'll keep praying on this one.
De Weerd: I appreciate that. There is power in that.
Ahlquist: Madam Mayor, in the staff report Wade Christensen has said that the right-of-
way -- it's listed there on page two -- is 71 feet and we are okay on right-of-way. So,
this is a build-out issue and I guess we will just wait and see how things play out. I
guess will this be a staff level decision from us as we are going through construction as
to what we do when the time comes? Great. Thank you.
De Weerd: So, if you can deal with a staff level, we can.
Ahlquist: I can deal with staff level.
Canning: And, Madam Mayor, Members of the Council, and applicant, that's why we
wanted to have this discussion with you all is so that we could move forward just,
hopefully, do it at a staff level discussion as we get further down the line here.
De Weerd: Thank you.
Hall: I'm way shorter than he is. Pamela Hall, Timberline Surveying, 847 Park Center
Way, Suite 3, in Nampa. We wanted to go over site-specific conditions as well. On
number seven, that portion where it says with a public use easement for any portion of
the pathway located outside of the right-of-way. We can only put an easement -- or
dedicate an easement on the plat that's within the property. So, we'd like to modify that
portion that says with a public use easement for any portion of that pathway located
outside of the right-of--way where applicable. So, that it's -- it's on the plat and not
outside into the right-of-way. That was that one. On site-specific condition number five
Meridian City Council
September 11, 2007
Page 32 of 50
going back to the roundabout. We'd like to change -- or provided -- with city approval,
we'd like to change that to: Or provide an ACHD-approved alternative design for
internal streets. And the last one we are asking -- I'm going off an old staff report, so
the numbers are really mixed up on the old staff report, so it was kind of hard to figure
out where we were at. My item number 12, graphically depicts on the face of the plat a
35-foot landscape buffer easement along Eagle Road. We'd like to modify that and add
where applicable also, because with that landscape it only is going to fall on that portion
of the plat. So, we can't show it outside into the right-of-way. And, then, my site
specific 11, it says graphically depict on the face of the plat a public use easement
along Eagle Road, with amulti-use pathway that is within the right-of-way. We'd like to
go ahead and strike that, because that's taken care of in site-specific item number
seven. That was what was in my staff report.
Canning: Could you say that one again, I'm sorry.
Hall: On the staff report that I received from staff, Christie Vigil, she had what was
number eight, graphically depict on the face of the plat a public use easement along
Eagle Road with amulti-use pathway that is within the right-of-way. That's a duplication
of number seven, so we just would like that stricken.
Canning: Madam Mayor, would you like me to comment on some of those proposals?
The last one with regard to what I have as number 11 on the staff report, that would
seem to be a duplication. With regard to the 35-foot landscape buffer, until the Council
approves a variance request, that 35-foot landscape buffer is required. Instead of
where applicable, I would prefer language that states unless otherwise approved by
Council through variance application.
Hall: Madam Mayor, it's the easement that we are talking about and the only easement
that I can dedicate on a plat is within our property. I can't dedicate an easement out into
ITD.
Baird: Madam Mayor, I think you could handle that by adding Anna's comments to the -
- right after where applicable, comma -- and, then, what Anna just said. I think you can
have them both in the same sentence and it should accommodate both situations.
De Weerd: Okay.
Hall: Those are mine.
Canning: Wait a minute, Mr. Ahlquist, don't get up just yet.
De Weerd: Was that your thought, Mr. Baird?
Meridian City Council
September 11, 2007
Page 33 of 50
Baird: Yes, Madam Mayor.
De Weerd: Okay.
Canning: Madam Mayor, the other one was, you know, the -- with regard to the
turnaround. That was a carryover from the preliminary plat that said that you -- that City
Council specifically needed to approve something other than the roundabout. That was
not a requirement of ACHD, it was -- it was meant to give you the authority to approve
something other than a roundabout at this location. So, if the Council is -- is -- feels
that --
De Weerd: They will be approving whatever --
Canning: Right. If the Council feels the four-way stop is sufficient, we could just say
that the applicant shall construct the public streets as shown on the plat or just remove it
entirely, probably.
Rountree: Delete it.
Canning: Yes. I think we could just delete it, if Council is okay with the four-way stop.
And I believe those were my only thoughts; that that was all of them.
De Weerd: Council, any other questions for the applicant or staff? Are you okay with
the changes?
Ahlquist: Madam Mayor, we are fine with changes. Just one other minor detail. Where
it references Wade Christensen at ITD, is there any way we can reference his position,
instead of the individual, just in case that is turned over to someone else?
Canning: How about or assigns? I don't know his -- I don't know his title, unless Mr.
Rountree does.
Baird: Madam Mayor, I would just suggest you say Wade Christensen or his successor.
That way it would indicate if he -- successor or assigns I guess would also work.
Borton: Madam Mayor?
De Weerd: Yes, Mr. Borton.
Borton: Just to make sure I understand on the ten-foot sidewalk, at least on the
northern portion, its present location, even with the additional lane -- that northern
portion, I guess, would not need to be removed?
Meridian City Council
September 11, 2007
Page 34 of 50
Ahlquist: It's within the right-of-way, so it's not aright-of-way issue.
Borton: Right.
Ahlquist: But the problem is it's not at the -- it would need to be moved once that right
lane is approved and comes through. So, it would need to be torn out if we'd build it
before, so --
Borton: Okay.
De Weerd: And you will work with --
Ahlquist: We will work with staff on that. And thank you. That corner between ITD and
ACHD and property and deeds and -- it's been very difficult to work through. We
appreciate the help of the staff at Meridian for all their support on that. It's been difficult.
De Weerd: We have never heard that before.
Ahlquist: I'm sure you haven't.
De Weerd: You're a first.
Ahlquist: Thank you.
Canning: Madam Mayor, for the record, 1'd like to say that she was commenting about
the traffic, not that no one's ever commented on that staff could work with --
De Weerd: It was nice having you here tonight. Council, you do have this final plat in
front of you and I will look to you for a motion.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Let me find the stuff here. I move that we approve the final plat for item
number nine, with deletion of specific comment number five and number eleven. The
modification to specific comment number seven that removes the reference to a
detached sidewalk and indicates that it would happen where applicable. And site-
specific comment number 12, adding the words where applicable, unless otherwise
approved by city variance.
Bird: Second.
Meridian City Council
September 11, 2007
Page 35 of 50
De Weerd: We have a motion and a second. Discussion? Mr. Borton.
Borton: Madam Mayor, 1 didn't take the list as detailed as you, but to the extent the
motion omitted any change that Mrs. Canning made to the staff report as we went
along --
Rountree: And all staff report changes as indicated and agreed to by the applicant.
Bird: Second agrees.
De Weerd: Do you still have that --
Canning: Yes, ma'am. I'm sorry. I put that down too soon.
Borton: tt looks like you got it all. I just don't know the big stuff.
De Weerd: You want to roll down a little bit more.
Canning: Sure.
De Weerd: If there is no discussion, Mr. Berg.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
De Weerd: Thank you. We have already visited item 10. Item 11 FP 07-028.
Canning: Madam Mayor, Members of the Council, we have a letter from the applicant
stating they are in agreement with the conditions of approval.
De Weerd: Council, do we have motion to approve?
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I move we approve FP 07-028, to include all staff comments.
Bird: Second.
De Weerd: I have a motion and a second to approve item 11. If there is no discussion,
Mr. Berg, will you call roll?
Meridian Ciry Council
September 11, 2007
Page 36 of 50
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
Item 14: Continued Public Hearing from September 4, 2007: PP 07-011
Request for Preliminary Plat approval for 18 commercial building lots on
18.5 acres in a C-G zone, for Paramount Commercial Southwest by
Ustick Marketplace, LLC -Northeast Corner of North Linder Road and
West McMillan Road:
Item 15: Continued Public Hearing from September 4, 2007: MI 07-007
Request fora Miscellaneous application to Modify the Development
Agreement to remove the Conditional Use Permit requirement for all
commercial development in the C-G zone and instead require design
review approval of all commercial development in the C-G zone for
Paramount Commercial Southwest by Ustick Marketplace, LLC -
Northeast Corner of North Linder Road and West McMillan Road:
De Weerd: Items 14 and 15 are a continued Public Hearing from September 4th on PP
07-011 and MI 07-007. I will open with a refresher from staff.
Canning: Madam Mayor, Members of the Council, this is the Paramount Commercial
Southwest project. It's located on the northeast corner of Linder Road and McMillan
Road. The preliminary plat approval is for 18 commercial building lots on 18.5 acres in
a C-G zone. The applicant also requests to amend the DA to remove the Conditional
Use Permit requirement and require a design review approval instead. The City Council
originally heard this item on August 14. At that meeting the Council requested that the
applicant submitted a revised preliminary plat that shows street connections that match
the concept plan. The Council's general concerns were that the concept plan, the plat,
and ACHD requirements did not coincide. The applicant has submitted a revised
preliminary plat dated August 31st, 2007. The revised plat now depicts a public street
extending into the site from the stub street at the east property boundary from
Paramount South 60 and connecting with Linder Road in alignment with West Deer
Crest Street at the west boundary. Further, the northernmost right turn only access
originally proposed between the two full access points -- there are the two full access
points -- has been removed. The revised preliminary plat shows anorth-south driveway
located near the east property line. So, there are a number of items to discuss on this
project as well. The first is condition 1.2.3 addresses the right-in, right-out on Linder.
So, I need to ask Council that the conditions should be modified to reflect the current
access points shown on the revised plat and that will take care of that condition. Staff
recommends that the first sentence in condition 1.2.9 in Exhibit B of the staff report be
modified to reflect the current proposed alignment of the public street as depicted on the
Meridian City Council
September 11, 2007
Page 37 of 50
plat and that language I can show to you later. I have it all written out. It's also in your
staff report, the update as provided by Mrs. Wafters. The third part is staffs initial
update to Council, that memo from Mrs. Wafters, recommends that the applicant revise
the plat to depict the north-south driveway to connect to West Deer Crest Street as a
private street for addressing purposes of the internal lots and to have a continuous
sidewalk through the development. So, to accomplish that, the remainder of the
condition of 1.2.9 would be modified to basically require that stub street and specifically
to add the language connect McMillan Road from West Deer Creek Street and that --
we have some revised concept plans and I want to show you those. That north-south
street would be similar to this drawing here, as you see. They have a continuous street
that connects McMillan up to that new proposed street. And that would fit with this
concept plan B. The applicants also provided a concept plan that accommodates a
larger box. This would be the size of a typical grocery store. So, on this one, this layout
in this concept plan does not accommodate the private drive feature as well. We do like
to see the private drives on these commercial properties, but usually they have a little
more depth, so staff has -- staff is recommending that Council decide if this is -- if both
concept plans are acceptable, then, we need to make some adjustments to that
language with regard to accommodating a grocery store or a larger box. And I can
show you the final language with regard to all three of those issues. So, basically, the
condition would read: The applicant shall extend the stub street at the east boundary
from Paramount South 60 Subdivision as a public street to align with Deer Crest at the
west property boundary. Anorth-south private street shall be constructed in accord with
the standards listed in UDC 11-3-F4 and shall connect to McMillan Road from West
Deer Creek Street. Submit a private street application for review and approval prior to
or concurrent with the final plat submittal. The other driveways in this development may
be constructed as driveways and are not required to be constructed as public or private
streets. The north-south private street shall not be required if a grocery store is
proposed as depicted in concept plan A. So, that would accommodate all those issues
if Council desires to go that way. I would like to bring up one additional item for
discussion. After the -- one of the things that the Council discussed in their hearing was
the overall master plan for Paramount and how the high school -- the Rocky Mountain
High School fits in and after that discussion I had a discussion with the applicant with
regard to Paramount South 60. You will notice that Paramount South 60 has a
pedestrian connection from the residential neighborhood and at the time we thought it
was appropriate and a good thing. We have recently had enough problems at Mountain
View High School that we are not sure that that pedestrian path is a good thing. It is
close enough to the entrance of the school that we are a bit worried that we may get
kids parking on the public street and cutting through -- using that as a place to park,
rather than using the parking lot for the school. So, what I suggested to Mr. Turnbull
was that I would support him removing that pedestrian pathway in exchange for a
pedestrian pathway on this -- the northeast corner of his commercial site. He has
accommodated that, you will notice in both concept plans. If I can find the concept
plans. Here is the pedestrian easement on this one and here it is on concept B. So, he
Meridian City Council
September 11, 2007
Page 38 of 50
has done that. We -- the sewer is running through that pedestrian path in Paramount
South 60, so we may need to figure out what we want to do over there, but I just wanted
to make Council aware of that and ask for their thoughts, particularly if you disagree
with that, then, Iwill -- if you agree with that, then, we will work with the applicant when
that final plat comes in for Paramount South 60.
De Weerd: Well -- and I can tell you that we have successfully worked through the
Mountain View so far. So far so good.
Bird: I was going to say so far.
De Weerd: Well, the idea that we came up with has been noticeably improved, which
the neighbors have all commented on, so -- and I believe I have cc'd all of you that --
that information. So, I appreciate that we use the knowledge that we gained on that and
tried to dodge the bullet on this one. But I have talked to the incoming principal of the
high school and we do hope to get together with planning staff, the developer, and the
new administration for that high school just to look at that whole area and get a better
perspective on how the traffic will flow and that sort of thing. So, we should be getting
that together separate from this application, but it is -- it is his desire, too, the principal
that's coming in, to have that discussion and really look at this proactively, instead of
after it's totally done.
Canning: And Madam Mayor, Members of the Council, at the previous hearing the
applicant also committed to providing across-access to an outlying parcel just to the
north of here. It is not school district property. It is in between the two properties.
They have provided that cross-access on both concept plans as previously committed.
Finally, Madam Mayor, Members of the Council, the -- we went into depth at the last
hearing with regard to the design review process, the modifications to the development
agreement, the proposed elevations, and the -- kind of the nature of the buildings that
will be on this site. To my recollection there was no discussion of that at the previous
hearing, so I just did want you to remember that it was part of this application, although
we did not discuss it. So, with that I will answer any additional questions that Mayor or
Council may have.
Rountree: I have none.
Bird: I have none.
De Weerd: Council, any questions?
Borton: No.
Meridian City Council
September 11, 2007
Page 39 of 50
De Weerd: No? This is a Public Hearing. Is there testimony? Oh, I'm sorry. I guess
the developer probably wants to say something.
Turnbull: Thank you, Madam Mayor, Members of the Council. David Turnbull, 12601
West Explorer Drive, Boise. I appreciate the work that we have been able to do with
your staff over the past few weeks and apologize for the one deferral. I was out of town
last week and wanted to be able to attend this meeting. I believe we have worked
through all the issues. I hope we have worked through them to Council's satisfaction. If
you have any questions I will be willing to answer those. In regard to the pedestrian
pathway in the Paramount 60's preliminary plat, I think that's a subject, obviously, for a
future final plat and as Anna mentioned we have run sewer line through there. It's one
of those things where, you know, we always understand that you want pedestrian
connections from neighborhoods to facilities like schools, so that's the location that was
determined at the time of the preliminary plat to be the best location. If it proves to be
problematic, that's something that we can always modify in a future -- in a final plat for
that phase when it comes up. But we do need to recognize that the sewer line is run
through there at this present time, so we will have to deal with that one way or the other.
The concept plans we have presented to you are just that, concept plans. We don't
know who all of the eventual users of the 18 acre commercial property are going to be.
We have put forth some of our best thoughts and ideas. As I have mentioned before,
we have had some interest expressed from a neighborhood grocer that would be
interested in locating on this corner, which is appropriately zoned and appropriately
placed, I believe, for the -- the general area. This is probably one of the key
intersections in that north Meridian area where you have a major north-south corridor in
Linder and a major east-west in McMillan. So, we just want to make sure that we don't
misrepresent anything, but we do need to have some flexibility as we go through and
entertaining different users that we are able to accommodate them appropriately and we
think that these two concept plans are something that works, but, obviously, if you go
with a grocer you're not going to be able to have a private drive connecting all the way
from -- excuse me -- this access point right here up here. It's just -- you know, it won't
accommodate both. So, we hope that the Council is understanding of that right now
and will approve the modified language that's been proposed by Anna. As she said, we
have provided both pedestrian and vehicular cross-access to this parcel that's not
shown here, but it's up between our parcel and the school property up to the north. So,
we have met -- it's this out-parcel right here. So, we have met those requests of staff
and hope that that satisfies the requirements of the city. I don't know that I have
anything further to comment on. If you have any questions I will be happy to answer
them.
De Weerd: Anna, what -- what is the neighborhood commercial square footage
maximums?
Meridian City Council
September 11, 2007
Page 40 of 50
Canning: Madam Mayor, Members of the Council, you mean a mixed use
neighborhood?
De Weerd: Uh-huh.
Canning: I don't believe they are shown as mixed use neighborhood on the comp plan.
I think they are straight commercial. Hold on.
De Weerd: So, this is -- just would be commercial?
Turnbull: That is a C-G zone.
Canning: Madam Mayor, it is shown as commercial on the Comprehensive Plan, not
mixed use and it is zoned C-G already.
Borton: Madam Mayor?
De Weerd: Yes, Mr. Borton.
Borton: The question I guess for Anna or the applicant -- if we create challenges by
having this -- this pedestrian access over here, are we creating now additional
challenges in the commercial component? If kids are going to come here and park and
cut through, are we inviting the applicant to develop and have a pile of kids parking and
screwing around the northeast corner of the commercial part as well? Are we making
two problems?
Turnbull: I'll take a try at that -- answering that, Madam Mayor. Councilman Borton, I
think that that's always something that you can deal with when that property to the north
comes through for an application and decide whether you want to remove that
pedestrian access or not at that time. We will make it available if it makes sense. If you
want to remove it in the future, that's going to be fine with us as well. We, obviously,
don't want to have our commercial center used as a de facto parking lot for the high
school, so --
Borton: Okay.
De Weerd: Madam Mayor, Members of the Council, Councilmember Borton, the
pedestrian access -- the hope was that it is actually connected directly to the school
property and I'm getting nods that it does. What we have seen at Mountain View is that
the commercial businesses, because they have the ability to -- because those students
are parking on private property, they have more ability to influence those cars going
away, as in having them towed, as opposed to the public streets and the kids hanging
around in the residential public streets. There tends to be more eyes on the commercial
Meridian City Council
September 11, 2007
Page 41 of 50
area. There are more folks watching what those kids might do. So, it is -- it is
potentially a nuisance, but it seems to be easier to accommodate within the commercial
development than the residential neighborhoods.
De Weerd: You just have to be towed once and --
Canning: Word will get around quickly I would imagine.
De Weerd: Yes. It does seem to carry a lot more weight than a parking ticket. Any
other questions for the developer?
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I would just comment that I appreciate the ability to look at the new drawings
and at the previous portion of the hearing it was a little confusing and I appreciate the
clarity that has been brought by the new drawings.
Turnbull: Thank you. I understand that concern. I'm glad we were able to work that --
you know, provide some additional information. Thank you.
De Weerd: Anything else, Council? Thank you. Is there public comment? If you will,
please, state your name and address for the record.
Mathes: Marjorie Mathes at 2299 West Kelly Creek in Meridian.
De Weerd: Thank you.
Mathes: I'd like to say that I really appreciate your efforts, Mayor de Weerd, and I also
appreciate the efforts of the City Council. I have been before city councils before on
very critical issues in my neighborhood that resulted in a 40,000 dollar slug to my home,
because a city council didn't listen to the members of the neighborhood. So, I do
appreciate your efforts. I think that you're really interactive and that you're very
concerned about the neighborhood. And I'm also a person who is persistent. I find out
who the person is I need to call to say that there is something wrong with the traffic
intersection, that there is something wrong with the shrubbery at the high school that's
going to have a kid put in the hospital. I have done this consistently. I don't like to listen
to my neighbors who moan and groan and don't go to the source. So, I'm coming back
again tonight and I'm going to talk to you about Apgar Creek again tonight, because
from what I see here is that this is going to have a Walgreen's that's going to have an
entrance on McMillan and an exit on Apgar Creek or an entrance on Apgar Creek and
an exit on McMillan. And with the number of people that live opposite the community,
Meridian City Council
September 11, 2007
Page 42 of 50
with potential development to the south -- to the west of us in that tract, there were 15
cars parked in my neighborhood this evening on both sides of our park. There were
kids there playing football. In addition to that there were a multitude of kids playing in
the park. We now are looking at a development, which I haven't got information on that
you're going to hear about next, that aligns to Apgar Creek, which also has an entrance
that is, as I see you're doing with Paramount, is probably going to have an entrance
from our tract from Apgar Creek into that development when it opens. And all I can do
is implore you as a City Council that you need to really take a look at what's going on
here along Linder. He's right, it's one of the major intersections and the major transit
areas in our tract. Since being here and listening to people in my neighborhood, there
were members of my neighborhood in coincidental discussion who were telling me
about sitting on Linder for 35 minutes the other day trying to get to Chinden who cut
through Paramount to get out to Chinden, because they have now found the ways to get
through Paramount. There were people sitting on Ustick the other night 45 minutes
down Ustick to get from Eagle down to Linder. It's just -- it's tremendous. People are
going to find Apgar Creek. You're talking about other people making turnabouts in
neighborhoods. Slow down the traffic. Do whatever you need to. Apgar Creek is going
to become a crisis in our neighborhood and I will be back again and I will be back on the
other developments that are going to be here -- I'm going to be here and I'm going to
scream Apgar Creek to you and I'm going to scream how these things are going to align
on Linder. Where are stop signs going to go in? We are going to have the three
schools, we are going to have this development, we are going to have a grocery store --
if you built it over behind me, are you going to put in a drycleaners? Are you going to
put -- you know, you got a pharmacy, you got a grocery store, what's next, a
drycleaner? Who is going to be coming through my tract to go to the drycleaner? And
it's going to be convenient and it's going to be convenient at the worst times of the day.
And as sports continue to develop in our park, which I think is great, the little kids are
out there learning football and everything else. But I don't want them learning football
on a street where everybody's going to be using it as a thoroughfare to get through our
neighborhood. So, you know, I just, again, implore to you, as the members of our City
Council, I appreciate that you have to work with ITD, I appreciate you have to work with
ACHD, but what are we going to do about the traffic flow on Linder and what are we
going to do -- I mean come out and look at my neighborhood. Look at Apgar Creek and
you tell me when you have that meeting on the 20th, you have the two that you're
talking about tonight and you talk about aligning all these businesses -- and we are not
even done. We have two more corners you're going to do. There are two more major
commercial corners there. This street should have never been a through street. It is a
disaster in the making. It truly is. And so I just -- you know, again, being a person of
tenacity and finding the people to call and who to talk to, I'm here to talk to you again
and I will be back. Thank you.
De Weerd: Thank you. This is a Public Hearing. Anyone else who would like to
provide testimony? You're up. With some good questions.
Meridian City Council
September 11, 2007
Page 43 of 50
Turnbull: Excuse me?
De Weerd: With some good questions.
Turnbull: With some good questions?
De Weerd: Yes.
Turnbull: Yes. And I appreciate the comments of Marjorie Mathes and I -- but I believe
that the Council is aware of the planning that's gone into this area and it's -- when we
went through our Paramount application we designated certain areas for commercial
services and those are important components to include in neighborhoods, so that we
don't have to drive all the way to the other side of town to -- to access those services
and this one was considered and adopted by the City Council and appropriately zoned.
So, this -- you know, the question of whether this is an appropriate use for this area I
think was decided some time ago. There are some issues with traffic and we have
been very, very diligent in addressing those concerns. You will note that we just
recently complete -- well, we are not quite complete, but the intersection at Meridian and
McMillan, the widening was recently completed. The signal is yet to be installed, but
that's coming along very rapidly. That was a cooperative development agreement
between three developers and Ada County Highway District and the project
management was performed by our own -- our superintendent Jay Walker and, you
know, he's been working almost full-time for the last three months on an ACRD project.
We have a similar cooperative development agreement between the four property -- the
owners of the four properties on each corner that will, once again, be administered by
our office and Jay Walker and that's supposed to be commencing here soon, you know,
and that was a project that was important from ACHD's standpoint, Meridian School
District's standpoint with the opening of the Rocky Mountain High School, along with the
already opened Sawtooth Middle School. I understand the concerns about backup
traffic for four-way stops. That's why we are improving those intersections, so that they
are not just two-lane intersections -- two by two intersections, that will be a full five-lane
by three-lane intersection, plus turn lanes. So, we think that we are acting responsibly
here. We are moving forward with ACHD projects ahead of schedule, so that we can
address those concerns. Now, you know, whether they have a through street on -- you
know, on that project to the south of us and it's causing them some concerns, you know,
I can appreciate those concerns, but I can't do anything that necessarily will address
those, because that's abuild-out environment that was done by another developer. All I
do know is that we have worked with your staff, we have worked with ACHD, on
appropriate access points, we have eliminated access points that were, you know, by
ACHD standards would have been approved, but we mutually agreed to limit those. So,
although I can appreciate those concerns expressed by Mrs. Mathes, I do think that we
have shown that we have acted appropriately here in the development application of
Meridian City Council
September 11, 2007
Page 44 of 50
this property. So, if you have any questions in that regard I would be happy to answer
them.
De Weerd: David, in the intersection improvement on Linder, if -- in looking at where we
have a subdivision that's across the street from a commercial at Ten Mile and Cherry,
they have put a concrete curbing -- what would that be called?
Rountree: A raised median.
Turnbull: A median.
De Weerd: A raised median in there; is that planned for this area?
Turnbull: I think there are some raised medians -- well, I can't tell you specifically what
the construction drawings show, but there are certain accesses that are approved for
full access and certain accesses that are restricted to right-in, right-out and where they
restrict them to right-in, right-out often they will place a raised median to enforce that by
physical means.
De Weerd: So, the access to the road being referred to could be restricted with that
kind of a treatment?
Turnbull: Yes, it could. I mean it is possible that they -- I have seen situations where
they have not put in raised medians and restricted turning movements to right-in, right-
out and if people regularly disobey that right-in, right-out, they will go in and put in the
raised medians to physically prohibit it.
Canning: Madam Mayor, this is Apgar Street, so that is shown as a full access for this
development. That's what was approved by ACRD. This is the right-in, right-out.
De Weerd: And how far is that, Anna?
Canning: Just a moment, Mayor.
Rountree: One hundred seventy-nine and a half feet.
Bird: An eighth of a mile.
Canning: Madam Mayor, Members of the Council, the first right-in, right-out -- or the
right-turn only, actually, is 222 feet from the south property line. So, that would be
about, what, 250 feet from the center of the intersection. And, then, the Apgar Street is
another 250 feet from the -- from there. Two hundred sixty feet.
Meridian City Council
September 11, 2007
Page 45 of 50
Rountree: It's right at 500 feet.
Bird: About an eighth of a mile.
De Weerd: But that's not right-in, right-out.
Turnbull: Madam Mayor, that does meet the standards of ACRD for full access. Of
course, they have the ability, if it proves to be a problem in the future, to -- to restrict
accesses. But they usually do that based on some kind of a study and warrants.
De Weerd: Council, any questions?
Bird: I have none.
Turnbull: I can sit down.
De Weerd: You can. Council, any further information?
Rountree: I don't need any.
Bird: I don't need any.
De Weerd: Seeing none --
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: I move that we close the public hearings on Items 14 and 15.
Bird: Second.
De Weerd: I have a motion and a second to close the public hearings on Items 14 and
15. All those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
De Weerd: Council?
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Meridian City Council
September 11, 2007
Page 46 of 50
Borton: I would move that we approve Item 14, PP 07-011, to include staff and
applicant's comments with regards to the amendments to conditions 1.2.9, inclusive of
permitting the two concept plans -- I believe it was plan A, should that be the route
taken, that the north-south private street -- north-south private street shall not be
required as depicted in concept plan A.
Canning: Madam Mayor, clarification. Did the maker of the motion mention --
De Weerd: I'm sorry, there is no discussion until I have a second.
Bird: Oh, is he done? Are you done, Joe?
Borton: I'm done for discussion.
Bird: Second.
De Weerd: Now, Anna.
Canning: Madam Mayor, I apologize. Did the maker of the motion include changes to
Item 1.2.3 also? Just to reflect that the condition should be modified.
Borton: Yes. Sorry.
De Weerd: Second agrees?
Bird: Yes. Second agrees.
De Weerd: Council, discussion? Hearing none, Mr. Berg.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
De Weerd: Item 19.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: I would move that we approve Item 15, MI 07-007, removing the Conditional
Use Permit requirement for a commercial development in a C-G zone and requiring the
design review approval.
Meridian City Council
September 11, 2007
Page 47 of 50
Zaremba: Second.
De Weerd: I have a motion and a second to approve Item 15. Is there any discussion?
Hearing none, Mr. Berg.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
Rountree: Madam Mayor?
De Weerd: Yes, Mr. Rountree.
Rountree: On those two previous items, I would ask that, Tracy, if you would take the
issues that you have heard on Apgar Creek to the traffic safety committee and have a
discussion of that and bring back some comments to Council, I would appreciate it. I
think we all appreciate the concerns that have been raised. I'm not sure that this
development or all the development in the world is necessarily going to take care of it,
but I think we need to take a look at it and see if there is something we can't do, either
on a permanent basis out there to alleviate the potential problem and Iwould -- I don't
know -- they meet, what, monthly?
Basterrechea: Yes. They meet once a month.
Rountree: If you would get that on their next agenda, I would appreciate it.
Basterrechea: I will do that.
Rountree: Thank you.
De Weerd: Anna, I guess, too, I know that Mr. Turnbull has been really good at
showing an entire plat, but I guess, again, my concern to anyone moving into that area
that they don't know that that would be commercial, that there is some posting that it will
be commercial and that the people that would move in there know they are backing up
to it. Sure.
Turnbull: I appreciate that comment, Madam Mayor. We have shown that on all of our
Paramount master plans as a commercial zone and we have posted it for the last
several months, you know, with your typical available for leasing signs for retail. So,
you know, I think the signage is up and so forth. So, we are doing the best with what
we control to make people aware of what that zoning is, so thank you. We will continue
to do our best.
Meridian City Council
September 11, 2007
Page 48 of 50
De Weerd: Well -- and also if I can also implore you, now that it's been approved to
reduce the Conditional Use Permit, is that we are extra sensitive because of the Lowe's
wall, that you make that neighborhood design compatible.
Turnbull: Well, you will be forwarded with a transcript of a voicemail we received from
one of those neighbors telling -- the vocal neighbor telling us how much they
appreciated us working with them on the landscape buffering and so forth.
De Weerd: And the fencing.
Turnbull: Yes. And the fencing.
De Weerd: And that -- you know, Jay has been wonderful with that.
Turnbull: Yes. So, you know, I think that we have actually stepped in in a situation
where a retailer could have come in and just met the minimums of the code and we
have asked for additional design and landscaping and buffering requirements that
otherwise wouldn't have happened. So, you know, I think that the neighbors do
recognize that and we will forward you the transcript of that voicemail that we received
today so that, hopefully, that --
De Weerd: We always like to see good news.
Turnbull: Yes.
De Weerd: And to pass along to Jay, when we called your office after that was brought
to our attention, you know, your staff was right on it and we appreciate that. You have
worked well with that neighborhood and -- and I know I have received comments back
as well.
Turnbull: Well, thank you. And I will just note -- you know, as mentioned that
Walgreen's is going to be on that corner and I think probably Councilman Rountree and
maybe a few others aren't -- I don't want to say anything negative here, but I think that,
you know, design review can accomplish a lot of good things and we were sensitive to
those designs and you will see that there are a lot Paramount architectural elements
that have been incorporated into the Walgreen's design at --
De Weerd: It's our new poster child for Walgreen's.
Turnbull: Thank you. We try our best. Thank you.
De Weerd: Thank you. We have known that we have made known our comments on
that particular design, so -- thank you.
Meridian City Council
September 11, 2007
Page 49 of 50
Item 16: Tabled from September 4, 2007: Ordinance No. 07-1336
Annual Appropriation for 2007 / 2008 Fiscal Year Budget:
De Weerd: Item 16 was tabled from September 4th on Ordinance No. 07-1336. Mr.
Berg.
Berg: Thank you, Madam Mayor. Ordinance No. 07-1336, an ordinance pursuant to
Idaho Code 50-1002 and 50-1003, providing that a title and finding providing for the
adoption of a budget and the appropriation of 85,450,320 dollars to defray the
necessary expenses and liabilities of the City of Meridian in accordance with the object
and purpose in the certain amounts herein specified for the fiscal year beginning
October 1st, 2007, and ending September 30th, 2008, to levy all such appropriate --
appropriate taxes and levies as authorized by law upon the taxable property and to
collect all authorized revenues, to provide for the waiver of the second and third reading
pursuant to Idaho Code 50-902 and providing for an effective date and the filing of a
certified copy of this ordinance with the Secretary of State.
De Weerd: You have heard this ordinance read by title only. Is there anyone who
would like to hear it read in its entirety? No, not this time? Do I have a motion from
Council?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve Ordinance 07-1336 with suspension of rules.
Rountree: Second.
De Weerd: I have a motion and a second to approve Item 16. If there is no discussion,
Mr. Berg, will you call roll?
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
De Weerd: Thank you. We are at the end of our agenda. Council?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Meridian City Council
September 11, 2007
Page 50 of 50
Rountree: I move to adjourn.
Bird: Second.
De Weerd: All those in favor? Motion carries.
MOTION CARRIED: ALL AYES.
MEETING ADJOURNED AT 9:24 P.M.
(TAPE ON FILE OF THESE PROCEEDI GS)
/ /
,,~ ~, ,
MAYOR TAMMY de WEE ~,.~~~',~~ ~~°:,. '~~°,~,. DATE APPROVED
c~ ~~`' ,
~`~%
_ ~~
e ~:~ -
AT FED:
=;.-~~ ~T ~g~ , ~ G. BERG, JR, ITY CLERK
o ..,.
,, ~,~ , ,,
~flrtrr+~,~.~,~~,,~~