HomeMy WebLinkAbout2008 01-08Meridian Gitv Council Meetinct January 8, 2008
A meeting of the Meridian City Council was called to order at 7:10 p.m., Tuesday,
January 8, 2008, by Mayor Tammy de Weerd.
Members Present: Mayor Tammy de Weerd, Keith Bird, Charlie Rountree, Joe Borton
and David Zaremba.
Others Present: B'ill Nary, Will Berg, Anna Canning, Jeff Lavey, Joe Silva, Len Grady,
Steve Siddoway and Dean Willis.
Itern 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'll go ahead and call this meeting to order. It's our first meeting of 2008.
We appreciate you all being here to join us in celebrating the retirement of Chief
Musser. Also, as three of the five of us are sworn in to our new term, another four years
of service to this community. So, thank you for joining us tonight. We will start tonight's
meeting with roll call attendance. ~
Item 2: Pledge of Allegiance:
De Weerd: Okay. Item No. 2 is our pledge of allegiance. Tonight we will be led in the
pledge by Chelsea Musser. And I didn't ask her, but usually --
(Pledge of allegiance recited.)
De Weerd: Chelsea, I do have a City of Meridian pin for you. Thank you for leading us.
We have a tradition of having the pledge led by a youth and, usually, it's not so crazy
before the meefing and we actually have an opportunity to talk to them prior to. So,
thank you for being a good sport. It was either you or my daughter Janelle and I
wouldn't have heard the end of it.
Item 3: Community Invocation by Pastor Ken Redford with Meridian Friends:
De Weerd: Okay. Item No. 3 is our community invocation. Tonight we will led by
Pastor Ken Redford with the Meridian Friends Church. If you will all join us in the
community invocation or take this as an opportunity for a moment of reflection. Pastor.
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January 8, 2008
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Redford: Shall we pray. Heavenly Father, we take this moment to recognize your
presence here among us. We want to thank you for a new year. We want to thank you
for your goodness to us in so many ways. We are reminded to recognize the privilege it
is of living in this community and in the midst of the agenda tonight and fhe programs
and plans and easements and endless details, Lord, how I pray that you would bless
this Council and the Mayor, that this community would not lose sight of what a privilege
it is that you have given us, this place to live, the safety and the freedom that we enjoy.
We are especially grateful for our public servants. Tonight we think especially of the
police chief. We pray your blessing upon he and his family and ask that you would
confiinue to bless fihose and protect those who offer us this protection. Lord, we love
you and fhank you for this chance to say so, in Christ we pray, amen.
Item 4: Adoption of the Agenda:
De Weerd: Thank you. Now, have we had you with us before? So, I have already
given you a City of Meridian pin. Thank you. Happy New Year. Now, I didn't ask him
just tonight to do this, so -- okay. Council, adoption of the agenda.
Zaremba: Madam Mayor`?
De Weerd: Mr. Zaremba.
Zaremba: I would note some items in the agenda. Under Consent Agenda, Item 6-E,
the first word prepare shouldn't be there. Item J, the resolution number is 08-592. Item
K, the resolution number is 08-593. The agenda has been revised a couple of times, so
you have the correct one if your Consent Agenda goes through S for Sam. On the
regular agenda, Item 10, the resolution number is 08-594. And I see no other changes.
Madam Mayor, I move we adopt the agenda with those notations.
Rountree: Second.
De Weerd: Okay. I have a motion and a second to adopt the agenda. All fhose in
favor say aye. All ayes. Motion carried.
MOTtON CARRfED: ALL AYES.
Item 5: Special Presentation to Retiring Police Chief Bill Musser:
De Weerd: Okay. Tonight we have the privilege of honoring Chief Bill Musser. Before I
ask Bill to come up, I would like to kind of recap his career wifh the city and community
of Meridian. Chief Musser began his career on August 7th, 1981, as a reserve officer
for the city. Then, a bustling town of 6,600 people. There were ten officers on the force
at the time. Two years later we hired him as a full-time officer. His was appointed as
sergeant in 1990 and rose to lieutenant in 1994 and, fhen, captain in 1998. By 2003 the
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City of Meridian had transformed from a small town to a growing city with growing
demands and Bill Musser was appointed as chief of police. Under Chief Musser's
leadership, the Meridian police department received multiple awards for the police K-9
training facility, Citizens Public Safety Academy, the Anti-drug Coalifiion, Project
Seventh Grade, the Old Town clean up and Animal Adoption Program. He is a
graduate of Boise State University with a bachelor's of science and associate of science
degree in criminal justice administration. Chief Musser is also a graduate of the FBI
National Academy and the Northwest University Center for Public Safety School of
Police, Staff, and Command. He also worked hard to insure that he was improving
himself and the department and attended the Intermountain Law Enforcement Executive
Command College sponsored by the FBI. I don't think the police ever shorten anything,
do they. On December 12th, 2006, Chief Musser received the prestigious POST
executive certification. The execufive certificate is the highest certification that Idaho
POST issues. Chief Musser served as president of the Idaho Chiefs of Police
Association in 2006 and 2007. He was also appointed by Governor Otter to serve on
fhe POST executive council for law enforcement in 2007. Through his tenure as chief
the City of Meridian remained one of the safest communities in Idaho, maintaining the
second lowest per capita crime rate. That is an accomplishment very noteworthy.
During his watch fhe Meridian police department has made some notable
improvements, specifically -- and you can tell I have been talking all night. Excuse me.
Specifically, the development of fhe in-service officer training program, which is the
most comprehensive in fihe state of Idaho. He moved the department to zone policing
and neighborhood contact officers. And he initiated online submission for police
reports. Overall, the department has been recognized many times for programs,
community involvement, and partnerships. The success of this department is a
reflection of the success of those he led in theic hard work and fihat was truly his -- his
opinion of his leadership is reflected by those around him. On August 31 st, 2007, 26
years after being hired as a reserve officer and 24 years on the force, he announced his
retirement after serving four years as chief. Through his career he found a love for
teaching and consulting. He has been taking steps towards a career in teaching and is
close to completing a master's degree in justice administration. He is an active member
of the Meridian Kiwanis, the International Association of Chiefs of Police, and the Police
Executive Research Forum. He is also a board member for Drug Free Idaho, Safe and
Drug Free Schools and Communities, and Men Today and Men Tomorrow. He is a
graduate of the Leadership Meridian and has been active with the Special Olympics and
the west Boise YMCA. Chief Musser is an Idaho native and lives in Meridian with his
wife Kim and their daughter, who we had lead us in the pledge, and we owe his family a
debt of gratitude for the years of service you have also given our community. And
before I ask fhe chief to come up, I will say I have been extremely disappointed in the
media and how they have handled the situation. I can tell you truthfully that the chief in
no way has been in disfavor of the Mayor or any of the Council. We have appreciated
his leadership and, I will tell you what -- I knew I couldn't get through this without being
emotional. I valued his counsel and his friendship. Bill is kind of one of those go to
people. His strength, his strategic planning and thinking, and he was a sounding board
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January 8, 2008
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probably more often than he ever wanted to be for me and I am greatly indebted to him
for the many hours fhat he has spent in my office, not in disfavor, but working with me in
setting fhe right direction for our community. He has a whole picture of our community
in mind and certainly we are eternally grateful for that. So, I am the first of a long list of
people, Chief Musser, fihat want to recognize you for your leadership and for the years
of service that you have given in law enforcement. So, if you will, please, come forward.
Chief Musser, fhis is presented in appreciation for your contribution and service to the
City of Meridian Police Department from August 1981 through December 2007. Your
dedication and commitment to citizens of the City of Meridian and the employees in the
city is greatly appreciated. Thank you for your leadership and your continued friendship
towards this community.
Musser: Thanks.
De Weerd: Thank you. At least the cap was off. Thank you. And next we have a
presentation by Jeff.
Lavey: I promise not to compete wifh the Mayor and talk as long as she has.
Nary: Good move.
Lavey: I have had fhe pleasure of putting together a couple of these kits over the last
several years and they are kind of fun to do, but I always gave them to the chief to
present to our retirees and so iYs a little awkward for me today, it's a little nerve racking
a little to do this, but I have put together a case for him as well and I would like to
present it to him today. And I'll let him show it to the rest of the crowd. And Stacy
promises me she will not have you taxed on it, so here you go. This is his service pistol
that he had serving with the citizens -- or service with Meridian from the time that we
issued fhe box and so this is the pisfol he's had sinae that time. This is a brand new
retiree badge, challenge coin, a retirement card, and, then, of course, a patch pin as
well.
Musser: Thank you. Thank you to all of the officers that are here as well and I
appreciate you being here.
De Weerd: Chief, we now have our ldaho POST Academy. Jeff -- yes, I thought I saw
you, Executive Director Jeff Black is here.
Black: Congratulations. First of all --
De Weerd: If we can have you speak as closely to the mike --
Black: First of all, as the director of Peace Officer Standards and Training, as the Mayor
alluded to earlier, Chief Musser was appointed by the governor to represent the chiefs
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January 8, 2008
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of police in southern Idaho from the POST Academy. And POST is responsible for
training and certifying 147 agencies in the state of Idaho. We think from juvenile
detention to adult correcfions to police officers, from Bonner's Ferry to Malad. And so
it's just not something that is done locally, but has an effect on the ent~ire state of Idaho.
So, on behalf of fhe citizens of the state of Idaho, on behalf of the 16 members of the
POST council, I'd like to present you a clock. We had a very nice plaque on here and it
got smudged this afternoon, it literally got whacked and I couldn't bring it over, I had to
pull it off. But it's really -- it's firom the state of Idaho and the citizens of Idaho in
thanking you for your commifinent and your inspiration as well on the board. Thank
you.
Musser: Thank you.
De Weerd: Okay. Next we have Ada County Sheriff Gary Raney.
Raney: Thank you. And, first of all, I'm a messenger, because Colonel Jerry Russell
from the Idaho State Police, as well as Chief Bentley from Garden City, neifher could be
here tonight. Both are very regretful of that and send their well wishes to you. I get to
be fairly personally about Bill, because he and I go way back. We started about the
same time. I started with the sheriff's office in 1983 and, you know, the Mayor just
talked about the long names fhat we have in law enforcement and we get fhese long
names and we get these acronyms, because we -- we feel sort of self important. We
think that the job we do is special and I'll tell you that I feel that the job we do is special.
And at some places that means that we get to feel better than somebody else and egos
start to develop and people start to build silos. One of the things that I can tell you from
the time that I was a deputy and Bill was an officer, even though we felt our jobs were
important, Bill was always a friend and I can remember when I was getting ready to run
for sheriff and I think you had just -- you made captain -- I don't know if you had made
chief quite then, but it was -- I think you made chief by the time the election came
around and we went out to lunch and I remember it was Johnny Carino's over here on
Fairview and talking to Bill and getting some advice about what to do and what do you
think and am I the right guy for the job and he has always been so supportive of ine.
You know, the citizens want us to work together. They want us to put aside fhose egos,
to take the long names and toss them out the window of the patrol car, because when
people need help, we need to work together. I have always felt that I could pick up the
phone and call Bill, no matter what it was, and I think Bill always felt that he could pick
up fhe phone and call us and we have developed things, like the metro narcotics task
force and fhe SWAT team, working together, because that's what's best. And that
doesn't always happen in these United States, but it happens because good people like
Bill are leading organizations, putting the egos aside, and he's done that for 24 or 26
years that I can attest to and I will be forever grateful of not only your leadership of
Meridian, but your friendship for me and I thank you very much.
Musser: Thank you, sheriff.
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January 8, 2008
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Raney: I go to retirements and people always get a lot of plaques, so I figure, all right,
the wall is going to be full, so I'm going to get somefhing different and I see all of these
standing things in the back of fhe room, so you're going to have to drill a hole in the
back of this to put it on the wall or somefhing. I have a clock. I really like these. They
are small, but -- this clock says William Musser, in appreciation for your 26 years of
dedicafion to law enforcement and support of the Ada County Sheriff's Office,
December 2007. Again, congratulations.
Musser: Thank you. I just want to say something while the sheriff is still here as well.
As part of that sharing, as he became the sheriff of Ada County, it was a prime
opportunity for the two of us to start leading by example of the things that we had talked
about, because we had watched our predecessors have a little less than a cordial
working relafionship and I think it has been an outstanding relationship between Gary
and I and the Ada County Sheriff's Department, fhe Meridian Police Department, and
even with the expansion on -- as you mentioned Chief Bentley couldn't be here with
Garden City as well and Boise city and, then, also with the Idaho State Poiice. We all
came together, we said that that's what we were going to do and that's what we were
able to do and I appreciate that support and your friendship as well, sheriff. Thank you.
De Weerd: Now, I do believe I saw Deputy Chief Jim Kerns earlier and I had him listed
is -- okay.
Peterson: Good evening. Thank you. It's my honor to be here to represent Boise
police and Chief Musser for advancing the art and science of police services in our
area. We greatly appreciate that. Appreciate your cooperative spirit in working with
Boise police and for making this valley such a great place to live for the citizens and in
working with our agency. So, on behalf of the Boise police I'd like to.give you a plaque
so you do have something for your wall. In appreciation for 26 years of service to the
citizens and peace officers in the state of Idaho, the ~ Boise police department
respectfully thanks you for your dedication and personally and professionally it's been
an honor working with you. We wish you a very fruitful and long retirement. Thank you,
Bill.
Musser: Thank you.
De Weerd: Now, did -- Shelly, I also have the Idaho Chief of Police Association? Oh,
that's Mike. Okay.
Johnson: Thank you, Mayor. B'ill was president of the Idaho Chiefs of Police
Associafion last year and we have got, basically, two awards for him. We have got this
one for being president and it was supposed to be like superman and take it out of fhe
box it always falls down. So, we'd like to give you that first. And fhis is the one that we
give to chiefs that retire, leave, as long as they don't get indicted. That was the quote of
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January 8, 2008
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the police chiefs and the only thing I want to pass on, Bill, is, as you know, I retired a
year ago and, you know, it's amazing, there is life after being chief. You won't need a
clock, because you really don't care. You don't need Tums, Pepto Bismol, and every
other anti-acid. And it's amazing when you go into the grocery store you'll run into
somebody and they will say didn't you use to be -- and I just walk on and go, yep, and
keep on going. Anyway, representing the Idaho Police Chiefs Association for all your
years as chief.
Musser: Thank you very much.
De Weerd: Now, see, I think that Chief Musser picked this venue, so that he didn't have
the roasting opportunity, but certainly I would open up the mike, if there is anyone who I
haven't recognized that would like to say anything. We do need you to speak up close
to the microphone.
Masterson: I will. I have got a loud voice, but -- actually, I'll let you overhear some
remarks I'd like to make to the chief. I don't know if he remembers, but the chief was an
instructor of mine at POST, so from the very very beginning -- and I won't call that the
pleasant experience, because, you know, getting your arm wrenched up saying this is
how it's supposed to feel is not always pleasant. But I remember those 6:00 o'clock in
the morning and I remember the instruction I got. I did have the opportunity to spend
ten weeks at SPSC with Bill and that was a great growing experience for me. I was a
very young, very new sergeant, didn't have a clue about management, got this
opportunity to go to this management school, got called on a Friday and it started on
Monday and I got lucky enough to get placed in one of the work groups with Bill Musser
and he really mentored me through that process and, then, as I went up in the ranks he
was a person I could always call to, somebody that was a partnership, and what I just
want to say is you leave a legacy, Bill, and you made a difference in me and I learned a
lot of lessons from you. I am sure that you made a difference in a lot of people in this
room and other officers throughout the valley and fhat's a lasting legacy that gets
passed from one officer to the other, from one generation to generation and that's what
you leave behind and if I can do that way and leave that kind of mark on society and on
police work, then, I will feel I have been a successful man. Congratulations.
De Weerd: Well, as in fhe application process, we always leave the last word for --
Musser: Well, my last word, basically, for this community is thank you. I have had an
opportunity to serve the community for the last 26 years, it's something that I wanted to
do. I came from a family of community oriented parents, both whom qualify as heroes
in my eyes and fhey were my role models. My father in particular, who retired as
lieutenant colonel in the military, while he also served for 17 years with the Boise city
police department and, then, rounded out his career just shy of four years as the chief
over in Nampa city. So, I feel very good in following that family legacy in that regard
and, then, having the opportunity over here in Meridian, which was that quiet little town
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January 8, 2008
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of 6,000 plus, where I remember we actually had a little roller opener and we would roll
up fhe sidewalks at night with it, you know, to the community now that it is in excess of
72,000 people. An opportunity to grow with the department, with all the changes that
we have gone through, and I know when Frank Tomlison from the Valley Times news
was in here he asked me what I thought was one of the biggest changes I have
experienced over time in my career and I had to point to the change in technology as
probably being fhe most paramount one, where we used to be out in the field and by the
time things were relayed through and we got it, there was oftentimes anywhere from --
you know, on a good night a five minute lag, to as much as a half an hour or more.
Now, with the digital radio systems fhat we have, the laptops and everything else in
there, it's a real time environment for our officers. They are getting information in a
timely fashion, being able to act on it, it's a much more secure venue for them and that
is the significant and big change. And, again, I have to point to our partnerships with
Ada County, who manages most of that communications headache with staying abreast
of the technology, so it helps us all out. It's been really super and, then, with the help of
Boise City behind that as well, Garden City, Meridian, the Idaho State Police and, fhen,
even our fire department's got in on it as well. So, we have a much more improved
communicafion system countywide, which I think goes to all of our citizens here, not just
those in Meridian. But I know the citizens of Meridian also reap the benefit of it as well.
But, in closing, just a big thank you and I appreciate the opportunity and the honor to
have been the chief of police in this community and to have served for the length of time
that I have and seen the changes that have occurred. And fhank you all for being here
tonight as well. I appreciate that. Thank you.
Itern 6: Consent Agenda:
A. Approve Minutes of December 18, 2007 City Council Special
Meeting:
B. Approve Minutes of December 18, 2007 City Council Regular
Meeting:
C. Chanqe Order No. 3 for the Water Division Buildinq Proiect
(Construction - Ira-Mac, Inc.) for <$15,000>:
D. Chanqe Order No. 1 for the Water Division Buildinq Proiect
(Construction - Meridian Fence Comaanv) for $3,682.00:
E. Prepare Findings of Fact and Conclusions of Law for
Approval: AZ 07-017 Request for Annexation and Zoning of 40.4
acres from RUT to GC zone (21.3 acres), R-8 zone (6.27 acres)
and R-2 (12.87 acres) for Three Corners by David Dean - 6380
North Locust Grove Road:
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January 8, 2008
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F. Findings of Fact and Conclusions of Law for Aprpoval: PP 07-
021 Request for Preliminary Plat approval of 54 lots including: 33
residential lots, 11 commercial lots and 10 common lots on 40.4
acres in the proposed C-C, R-8 and R-2 zoning districts for Three
Corners by David Dean - 6380 North Locust Grove Road:
G. Findings of Fact and Conclusions of Law for Approval: AZ 07-
015 Request for Annexafiion and Zoning of 1.88 acres from RUT to
an R-2 zone for the property located at 1650 Dunwoody for
Dunwoodv Propertv by Marshall Williams -1650 Dunwoody:
H. Findings of Fact and Conclusions of Law for Approval: AZ 07-
014 Request for Annexation and Zoning of 7.55 acres from RUT
and R1 to a C-C zone for Woodland Sarinqs by Morgan
Development - Northeast Corner of McMillan Road and Locust
Grove Road:
I. Findings of Fact and Conclusions of Law for Approval: PP 07-
019 Request for Preliminary Plat approval for 4 commercial lots on
7.55 acres in a proposed C-C zoning district for Woodland
S rin s by Morgan Development - Northeast Corner of McMillan
Road and Locust Grove Road:
J. Resolution No. CPA 07-011 Request
for a Comprehensive Plan Amendment to modify the Future Land
Use Map to change the land use designation on 38.7 acres from
Medium Density Residential to Mixed Use Community to include
Office / Retail, Private School and Patio Homes for Dean Propertv
by David J. Dean - 6380 North Locust Grove Road (southeast
Corner of North Locust Grove and East Chinden):
K. Resolution No. CPA 07-014 Request
for a Comprehensive Plan Land Use .Map Amendment of 7.43
acres from Medium Density Residential to Mixed Use - Community
for Woodland Sprinqs by Morgan Development, Inc. - 1630 &
1720 East McMillan Road:
L. Streetliqht Aqreement for Gramercv Subdivision by Tuscany
Development, Inc.:
M. Sanitarv Sewer and Water Main Easement AQreement for
Gardner-Ahlquist by Meridian Medical Plaza, LLC:
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January 8, 2008
Page ?0 of 81
N. Water Easement Aqreement between Franklin and Lanark
Street with Joint School District No. 2:
O. Water Easement Aqreement between Lanark and Commercial
Street with Joint School District No. 2:
P. Development Agreement: RZ 04-010 Request for a Rezone of
.68 acre from R-4 to an O-T zone for Mittleider Rezone by Leon
Smith - 125 West Cherry Lane and 1645 West 1 S Street:
Q. Task Order 2.5 - Filter 4 Final DesiQn with CH2M HILL for
$129,723.00:
R. Idaho Power Easement Agreement for Fire Station No. 5:
S. Public Right of Way Sidewalk Easement Agreement for
Meridian Fire Station No. 5:
De Weerd: Thank you. Okay. The next item on our agenda is the Consent Agenda.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: Noting that Item J is resolution number 08-592 and Item K is resolution
number 08-593, I move that we approve the Consent Agenda and for the Mayor to sign
all documents and the Clerk to attest.
Bird: Second.
De Weerd: Okay. I have a motion and a second to approve the Consent Agenda. Mr.
Berg, will you, please, call roll.
Ro11-Call; Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
Item 7: Items Moved from Consent Agenda:
De Weerd: Okay. There were no items moved from the Consent Agenda.
Item 8: SSC -- Environment at Work Recognition Program:
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January 8, 2008
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De Weerd: Item No. 8 is SSC environment at work recognition program. Mr. Nary, do
you know what --
Nary: Madam Mayor, Members of the Council, I know what it is, but I didn't know if
someone wasn't going to be here to talk about it. This was a program that the SSC and
the solid waste advisory committee was working together to look for innovative
companies in the city that are taking a forward step towards recycling, providing a better
recycling model, for better programs, better innovative techniques and means for
recycling in our community. We were looking for applicants throughout the year. Those
would come to fhe solid waste advisory committee for a recommendation and, then,
come back to the Council for an award. We were looking for the awards towards the
end of the fiscal year sometime in the fall, but that's the basic gist of what they are doing
and it's in conjunction with SSC, they will be doing the promotion of the program and,
then, promoting to the local business community to get nominations from different --
different businesses.
Item 9: Continued Public Hearing from December 4, 2007: Substantial
Amendment of CDBG Five-Year Consolidated Plan and 2007 Action
Plan:
De Weerd: Okay. Thank you. Okay. Well, we will move onto Item No. 9, which is a
continued Public Hearing from December 4th. We kept this open for any written
comments to our plan for the community development block grant five year consolidated
plan and action plan. Mr. Nary, did we receive any written comment?
Nary: Madam Mayor, Members of the Council, we only got a comment from the Boise
City - Ada County Housing Authority with some recommendations to the plan, as well as
an offer for some assistance in providing training opportunities. There is a memo in
your packet from Mrs. Kane who has been spearheading this program up from my
office, basically outlining the specific changes that have been recommended that will be
incorporated in the final plan. She has been in touch with HUD to make sure all of
these things can be done in a timely manner to keep this program on track. So, if -- if all
of it looks acceptabJe to fhe Council, the resolution Item 10 can be moved forward with
an approval. We can finalize the plan, get that submitted to HUD, so that we can get
the final phases of this completed. We are still looking to get an administrator on board.
We have talked with the planning department and we are still looking at the potential of
an outside person to do the administration. We may also be able to do it internally. We
are still working through that to see what's the best for the city and we will bring that
back in front of you as well.
De Weerd: Okay. Thank you. Council, any questions?
Rountree: I have none.
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January 8, 2008
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De Weerd: Okay. I would entertain a motion to close.
Zaremba: Madam Mayor, I move we close the Public Hearing on Item 9.
Rountree: Second.
De Weerd: Okay. There is a motion and a second to close the Public Hearing on Item
9. All those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Item 10: Resolution No. Substantial Amendment of
CDSG Five-Year Consolidated Plan and 2007 Action Plan:
De Weerd: Item 10 is resolution number 08-594. Council, any quesfions regarding this
resolution? Or the suggested changes.
Zaremba: Madam Mayor, I'm assuming that we can pass the resolution and the items
that Mr. Nary mentioned can still be incorporated. We understand the nafiure of those
changes and approve them along with this approval. I see heads nodding.
Nary: Councilmember Zaremba, you're correct.
Zaremba: Yes on the record?
Nary: Yes.
Zaremba: In that case, Madam Mayor, I move that we approve resolution number 08-
594.
Bird; Second.
De Weerd: Okay. I have a motion and a second to approve the resolution of Item 10.
Is there any discussion? Mr. Berg.
Berg: Did you want me to read -the title of --
De Weerd: Yes. That would be great.
Berg: Just for the public --
Zaremba: Got ahead of myself.
Berg: Resolution -- excuse me -- 08-594 --
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January 8, 2008
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Zaremba: 594.
Berg: A resolufiion approving submission of an application for federal financial
assistance to the United States Department of Housing and Urban Development,
including the five year 2007 to 2011 consolidated plan and the 2007 action plan as
subsequently amended, authorizing the Mayor and Clerk to execute and attest such
application and certifying the documents on behalf of the City of Meridian and providing
an effecfive date. With that I'll take roll call.
Roll-Calf: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
Itern 11: Swear in New City Council Member Seat # 1- David Zaremba:
De Weerd: Thank you. We are at Item No. 11 where we will swear in the new Council
Members, as well as the new Mayor. So, Mr. Berg.
Rountree: The new old Mayor.
De Weerd: The new old Mayor. I don't like old Mayor. Doesn't sound good.
Berg: Please raise your right hand and repeat after me. I, David Zaremba, do solemnly
swear that I will support fhe Constitution of the United States and the Constitution of the
State of Idaho, and fhe laws and ordinances of the City of Meridian, Idaho, and that I
will, to the best of my ability, faithfully perform the duties of the office of City Council in
the City of Meridian, Idaho, so help me God.
(Repeated by Councilman Zaremba.)
Item 12: Swear in New City Council Member Seat # 3- Charlie Rountree:
De Weerd: Okay. Item 12, the swearing in of Councilman Charlie Rountree.
Berg: Would you, please, raise your right hand and repeat after me. I, Charlie M.
Rountree, do solemnly swear that I will support the Constitufion of the United States and
the Constitution of the State of Idaho, and the laws and ordinances of the City of
Meridian, Idaho, and that I will, to the best of my ability, faithfully perform the duties of
the office of City Council in the City of Meridian, Idaho, so help me God.
(Repeated by Councilman Rountree.)
Item 13: Swear in New Mayor - Tammy de Weerd:
Meridian City Council
January S, 2008
Page 14 of 81
Berg: Okay. Please raise your right hand and repeat after me. I, Tammy de Weerd, do
solemnly swear that I will support the Constitution ~ of the United States and the
Consfiitution of the State of Idaho, and the laws and ordinances of the City of Meridian,
Idaho, and that I will, to the best of my ability, faithfully perform the duties of the office of
Mayor in the City of Meridian, Idaho, so help me God.
(Repeated by Mayor de Weerd.)
Berg: Congratulations.
De Weerd: Thank you. Okay. Council, any comments you wish to make at this time?
Zaremba: Madam Mayor`?
De Weerd: Councilman.
Zaremba: Since I'm number one I'll go first, even though that's alphabetically incorrect.
I have had the opportunity to serve with this body for a year now and I want you to know
how much I have appreciated that and I'm looking forward to continued service and
really enjoy you people.
De Weerd: Thank you. We enjoy you, too.
Zaremba: Thank you.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: This will be the start of my third term as a City Councilman for the City of
Meridian and I have seen fhe City of Meridian grow from that small 5,000, 3,500 folks to
what we are today. It is my city, my adopted city, my home, and all of you are my
neighbors. I appreciate all of you and hope that I can serve on your behest to your
satisfaction for another four years. I also want to extend my appreciation to the staff
and administrators in the City of Meridian, they do an outstanding job, they have had an
opportunity to have just a bit of a breather here the last few months, but they have been
going full tilt and going the extra mile for the last number of years and I appreciate that.
Look forward to working with them again for another term. So, I'm ready for a new year
and a new term and looking forward to it and enjoy every Tuesday night, as long as it
doesn't go passed midnight.
De Weerd: Well, I, too, would like to make comment and certainly I want thank my
family. This is the beginning of my third term, second term as Mayor, served as Council
Meridian City Council
January 8, 2008
Page 15 of 81
member, and fell completely and passionately in love with fhis community. I have
appreciated my family support. Certainly you can't do the kind of work that we do
without the support of our family. So, it was special that you were able to join me in that
swearing in ceremony. I have also been very honored to work with fhe senior
management team and the city employees. Truly I do not think that there is any other
city in the state of Idaho maybe nationwide that could have grown wifh the grace that
this community has, through the pressures of growth. Truly we are a dynamic and
thriving community that not too long ago was just a bedroom community and today we
are full service and self-sustained community and the men sitting up here with me
tonight and former Councils have a lot to be proud of. We are growing in a good way
and there is still great things that we have left to do and we have the right team to do it.
So, I-- iYs a pleasure to serve another four years and I appreciate the confidence our
community had in that re-election and look forward to four dynamic improving years.
So, nice that you're with us here tonight.
Item 14: Department Reports:
A. Planning Department:
1. Proposed Changes to Planning Department Fees:
De Weerd: Okay. Item 14 is our planning department.
Canning: Madam Mayor, Members of the Council, you have given me a hard act to
follow tonight with a fee discussion. I have handed out a packet for you all on the
proposed fees and, then, I'm just going to briefly summarize what I have done thus far.
I had not amended my fee schedule since the new fee sahedule was adopted about two
years ago. I did use the same methodology and that methodology relies on looking at
the -- the specific application and, then, how much time we spend on that and I just
wanted to -- I never showed you this last time, so I wanted to just show it to you. It has
all the planning time, how much time the clerk spends on it, how much time Public
Works spends on each application, and, then, the new one is I added time for the
attorneys was a big new one and also for our stenographer Mr. Webb. So, those were
the -- the new time allocations that I had and worked with all those agencies to come up
with an estimated time for an average application and came up with the proposed fees.
As stated in the letter before you, there are two -- three new fees. A new fee for
development agreement, development agreement modifications, and sureties. Those
range from a development agreement -- right now they are paying 459 for a
miscellaneous application and they would be paying 303 for a new development
agreement. The modification -- it's a little counterintuifive. It costs more because we
have to go back and research the original approval to a great extent. So, those
modifications are more expensive than fhe initial development agreement. And sureties
is just a fee for tracking those and the time it really does take us to get those bonds or
those sureties. There was a decrease in fees for two items and the decreases are
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January 8, 2008
Page 16 of 81
minor. But that was for an accessory use for a day care or home occupation and
director determination. And, then, there was a modest increase in fees of about seven
percent, which just -- it reflects the increase in wages over the last two years and that
was for six items listed there. And, then, the rest of the fees increased more than
modestly, I suppose, is the only way to say it and I have listed all those out for you. I
sent this - letter out to all my contact list and including the Building Contractors
Association, Developer's Council. Did go and speak to fhe Developer's Council. They -
- they will comment on the Public Hearing. Tonight is just a presentation to you, but
they will comment at the Public Hearing. They are -- I told them I would pass along their
comment. Their comment was that they understand the need for the fee increases.
They are not in favor of them at this time. They feel like they have been hit kind of hard
by the City of Meridian with the impact fee increases and the building department fee
increases and now the planning department fee increases. I did tell them that I would
look at what the cost difference was. If I didn't put in time for the departments that are
typically funded out of the general fund, as opposed to development services, so that
would be, basically, the clerk's department and the attorneys. So, I ran those numbers -
- you will see another aost comparison in your packet there that has the total cost, the
cost without general fund, and, then, the difference in those two. So, I said I would
provide you that information and they may ask for something related to fhat at the Public
Hearing, if you all direct me to move forward on that. The third item, along with your
letter, is a colored item and says comparison fees by jurisdiction and I can put that up
on the overhead as well. Can't get it all on the screen, but, basically, it shows that the
City of Meridian is about in the middle. The red ones mean that we always charge more
than somebody else. The blue ones are unclear, because ifs comparing apples to
oranges sometimes and you can't tell exactly. And the green ones are always less.
And, then, the gray ones are not applicable. So, you know, we are right there in the
middle. It's not -- we are not always more, we are not always less, we are pretty much
right in the middle and that was comparisons with Boise, Eagle, Kuna, Ada County,
Caldwell, Nampa and Middleton. So, with that I will answer any questions. What I'm
looking foc tonight is for go ahead to schedule the Public Hearing and bring that before
you, along with a resolution. And if you would like to give me some input as to how you
want me to go on that fee resolution or we can have the Public Hearing first.
Bird: Madam Mayor?
De Weerd: Okay. Council? Mr. Bird.
Bird: First, Anna, I'd like to compliment.you on the facts and figures you have turned out
here. It's very very good. Very explanatory and easy to read. I appreciate that. I would
like to see a Public Hearing and, then, we can go on forward with it. I think we need -- I
fhink we need a Public Hearing, just decide whether we want to go onto a resolution or
not. Somefimes at the down turn that we are having it isn't always good to raise the
fees, but it also isn't always bad. We need, I think, to have the public input and, then,
Meridian City Council
January 8, 2008
Page 17 of 81
we make our decisions. That's my personal opinion. But, anyway, thanks a lot. This is
very nice.
Canning: Thank you.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I, too, fhank you, Anna, for doing this. I have seen it several times and you
have added this litfile chart, permit, decision, total cost, cost without general~fund, and
the difference. Could you elaborate on that just a little bit more and the thinking behind
breaking out the general fund versus the planning department costs and the inclusion of
those costs and the initial cost fees.
Canning: Sure. And to be truthful, I don't support breaking out the fees, it's just I knew
that the building contractors were looking for some middle ground and to me, rather
than trying to -- to modify the time we spent on them and, then, therefore, kind invalidate
the spreadsheet program, what seemed to me as a reasonable perhaps middle ground
was to take those departments that are typically not part of development services. So,
the development -- the departments fhat are typically funded by development services
are Public Works and Planning and economic development and to take those other
departments, mainly the clerk's office and the attorney's fees and look at -- at not
including their time in fhose calculations. It was the only way I could think to rationally
break out a lessor fee.
Rountree: Okay. Thank you. And, Madam Mayor, I, too, support moving forward with
the Pubiic Hearing.
De Weerd: Thank you.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: Like everybody else, I would like to thank you and compliment you on the
work that you always do, including this very thorough and comprehensive explanation. I
have a question on one -- well, it would be an example question and I will pick one thing
to make an example of. Let's -- on the same sheet that Councilman Rountree was
referring to, let's take the fee that you would -- the total cost you have said for a
preliminary plat. If it costs the city 2,104 dollars process that, is there a difference
between somebody that would come in with a finro acre parcel that has had only their
house on it and they are wanting to now plat it for eight houses, as opposed to
somebody that's coming in with three-quarters of square mile and going to do a plat that
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January 8, 2008
Page 18 of 81
would be considerably more complicated? How do you determine whether there is a
difference fhere or not?
Canning: Madam Mayor, Council Members, Councilmember Zaremba, the previous fee
schedule was based on -- on size of the property and when I changed it two years ago,
we did have that discussion and we don't currently do that, particularly on the -- on a per
acre or per square foot basis. What we fiind is that sometimes the small in-fill projects
require as much or more time fhan some of the large projects where they maybe are out
at the edge of the city and there aren't as many neighbors or they have been able to
acquire more property and, therefore, don't have as many issues to deal wifh. So, we
do try and base it on an average application, kind of factoring the easy ones in with the
hard ones. They are not related to size. The preliminary plat, though, as an example,
does have a per lot fee associated wifh it as well. There is a base fee and, then, a per
lot fee. So, if you do have just a finro lot subdivision, it is cheaper than a 400 lot
subdivision. But those are -- those per lot fees are fihe time it takes to review -- for fhe
planning department it would be the time it takes to review the frontage, you know, and
the setbacks and things like that.
Zaremba: Easements, setbacks, all those kind of things.
Canning: Right. And, then, fhe Public Works also has a time per lot that adds up over,
so --
Zaremba: That explains it. Thank you.
Canning: And I have to say that, you know, numbers aren't my forte, so the finance
department really likes my spreadsheet, which made me really happy. So, they said I
did okay. So, that was a good thing for me.
De Weerd: Come a long way.
Bird: You did a great job.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: Anna, a question for you that we can address at the Public Hearing. As we go
through fhe fees and try to make sure that the process remains as efficient as it can, to
the extent that there is some fees from Boise and Nampa or Caldwell might some of the
more common examples of a category where they are substantially less, if there is
inquiry done that would explain whether or not we have investigated, you know, how
they process a variance, by way of example, and do it for a third of the proposed fee
and if there is anything fhat we can take from other communities to try and improve our
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January 8, 2008
Page 19 of 81
process. Maybe fhere is, maybe there is not, but that might come up at the Public
Hearing and explain that wide discrepancy.
Canning: Madam Mayor, Members of the Council, Councilmember Borton, I can call
and ask on those. I know some of them, like appeals at Ada County I know are
purposefully set low, beeause they don't want to cover the cost of processing those
applications. It's just a policy decision, so --
Borton: .Okay.
Canning: But I will call on some of those that are -- where we are really disparate from
them and I'll give them a call.
Borton: Okay. Thanks.
De Weerd: Okay. So, the direction from the Council is go ahead and get this on the
agenda for Public Hearing. Okay. We will proceed forward with that. Thank you, Anna.
Canning: Madam Mayor, would it be possible to ask the clerk what dates would be next
available.
Berg: She can ask, but --
De Weerd: You can ask about anything.
Zaremba: It's not going to January 29th.
Berg: As soon as possible. It probably won't be until February, Madam Mayor. And to
notice it will probably be February 5th would be the soonest.
Canning: Okay. I just wanted to be able to tell the BCA.
Berg: And if you check with our office tomorrow morning we can have a precise date,
because we will have to start advertising, too.
Canning: Okay. Thank you.
De Weerd: Council, I do have a question. Council Rountree won't be here February
5th.
Zaremba: I will not be here February 5th.
Rountree: February 5fih.
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January 8, 2008
Page 20 of 81
Berg: I could not be here.
Zaremba: I will be out of town the 4th through the 11th -- through the 13th.
Rountree: Okay. It looks like we will have a quorum problem on February 5th.
Berg: February 12th will be first that will be available for a public hearing and I guess --
Nary: The 12th is a workshop.
Bird: The 12th is a workshop.
De Weerd: We will have to work on that.
Berg: Madam Mayor, I know our workshop is one of the -- a policy thing, but as far as
our ordinance, it's still a scheduled meeting on the 12th, so we could work around fhat
issue, too. Especially if we need to get the Public Hearings in.
De Weerd: Okay. Yeah. I just wanted to make sure we didn't have a conflict and it
looks like we do, so -- he will be back on the 12th.
Rountree: I will be back on fhe 12th.
De Weerd: Okay. Item for the Mayor's office. I do have several appointments that I am
asking for City Council to confirm. The first one is appointment of Joe Marshall to the
Planning and Zoning Commission. You should have his resume in front of you and I
would -- this -- this position is to fiill Mr. Siddoway's seat on fhe Planning and Zoning
Commission and the expiration date is January of 2009. I would ask for your
confirmation.
Borton: Madam Mayor`?
De Weerd: Mr. Borton.
Borton: Seeing his credentials and experience, I don't know if -- is Joe here?
De Weerd: You know, I did tell him -- he participated -- he didn't participate. He sat in
the audience of the Planning and Zoning Commission last week. He did meet with
Chairman Moe and Director Canning and I last week as well and so I guess I failed to
tell him about -- I did tell him we would be bringing his name forward and didn't
remember to invite him.
Borton: He could be scrawling on the streets in the snow. But I have heard great
things. I have seen -- his credentials are very impressive and it sounds like he's going
Meridian City Council
January 8, 2008
Page 21 of 81
to be a great addition to P&Z and with that I would move for the appointment -- to
approve fhe appointment of Joseph Marshall to the Planning and Zoning Commission.
Rountree: Second.
De Weerd: Okay. I have a motion and a second -- and for the record that seat is
through January 2009. If fhere is no discussion, Mr. Berg.
Roll-Cail: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea.
MOTION CARRI'ED: ALL AYES.
B. Mayor:
1. Appointment of Joseph W. Marshall to Plannina and
ZoninQ Comrnission:
De Weerd: Thank you. Okay. Item number two is appointment of Tom Barry for the
Public Works director. I believe two of our Council members participated in the second
round of interviews for this position. Mr. Barry is wrapping up his employment with the
City of Redmond, Washington, and will begin January 21 st. His credentials, his
resume, is also in front of you and I would ask if you have any questions.
Zaremba: Madam Mayor, a very important question. I think I noticed on his resume
that his bachelor of science is from ECU. Are fhose the people that beat BSU in the
Hawaii Bowl?
De Weerd: No comment. If it matters, I don't know.
Zaremba; Just wanted to know.
De Weerd: Okay. Council, if you have no questions, I would ask for your confirmation
of this appointment.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I move we confirm your appointment of Thomas Barry to director of Public
Works Department.
Borton: Second.
De Weerd: Okay. I have a motion and a second. Mr. Berg, will you, please, call roll.
Meridian City Council
January 8, 2008
Page 22 of 81
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
3. Appointment of Stephen E. Siddowav for Parks
Director:
De Weerd: Okay. Item number three is also an appointment of Steve Siddoway as our
new parks director. I think you are all very aware of Mr. Siddoway and his passion and
heart for our community and I bring his name to you for our new parks director and
would entertain any motion or -- yeah, I would entertain a motion, but any questions
first?
Borton: Madam Mayor?
De Weerd: Hearing none, yes, Mr. Borton.
Borton: Seeing no questions, no discussion, no interrogation of Mr. Siddoway for the
appointment, it's with great pleasure and enthusiasm that I move to confirm the
appointment of Steve Siddoway as our next parks and rec director.
Rountree: Second.
De Weerd: I have a motion and a second. Any discussion? Mr. Berg.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea.
MOTIDN CARRIED: ALL AYES.
De Weerd: Thank you, Council. Mr. Siddoway, do you have any comments?
Siddoway: Thank you. There has been many speeches tonight. I did not actually plan
to make one, so I'm going to be brief, but parks and recreation is a passion that I have
shared as -- you know, as I have served with the planning department and dealt with the
pathways and over the last four or fiive months being able to be a part of the department
as a part-time and interim director, I have found that there is a staff there that cares very
deeply about parks and recreation. I also know -- and part of what I-- attracts me to
this position is knowing that the Mayor and the Council members before me right now
also have a heart for -- for parks and for the youth of this community and making fhis
community a great place for our families and our citizens and, to me, parks and
recreation really is about community building. IYs about -- it's about building community
and events that bring people together and I look forward to serving with you. Thank
you.
Meridian City Council
January 8, 2008
Page 23 of 81
De Weerd: Thank you. Council, I would also like to give my heart felt thanks to Mr.
Grady over there. He has been our interim Public Works director and really turned
things around. You know, our communication, in particular with fees and kind of
tackling a looming concern fhat is -- that fhe city has in future infrastructure, Len really
stepped forward and took a leadership roll in that and he's done some very amazing
things in a short amount of time and those efforts are greatly appreciated, Len. I look
forward to continuing to serve with you and work beside you on some of the challenges
fhat are in front of the city regulatory and environmentally. So, thank you for your
service as our interim director. And sense I did fail to remember something during my
remarks after being sworn in, I would like to thank Peggy and Larry Gardner. You
know, Peggy has been wifih me I think since day one of my elected activities and have
appreciated her friendship, her advocacy, her dedication and that goes for Larry, too,
because I know he kind of sits fihere. and grumbles in the background and cheers and
supports and all of that. The two of you have been very important in my life and I didn't
want to move on without recognizing fhat. So, thank for being here today.
Item 15: Public Hearing October 18, 2007: RZ 07-014 Request for a Rezone of
30.08 acres from R-8 to C-N (13.59 acres) and TN-C (16.49 acres) zones
for Cavanauqh by Kastera Development, LLC - Southeast Corner of
South Meridian Road and East Victory Road:
Item 16: Public Hearing: PP 07-015 Request for Preliminary Plat for 518 lots
consisting of 443 single-family residential building lots; 1 residential.
building lot consisting of 32 apartment units; 8 residential building lots
consisting of 61 future condo units; 4 mixed use lots consisting of
commercial retail on the 1 St floor with 12 residential lofts on fihe 2"d floor; 9
commercial building lots, 1 school building lot, 1 civic/social hall lot, 46
common lots and 5 other lots on 177.43 acres in C-N, TN-C, TN-R and R-
8 zones for Cavanauqh by Kastera Development, LLC - Southeast
Corner of South Meridian Road and East Victory Road:
Item 17: Public Hearing: CUP 07-017 Request for a Condifional Use Permit
approval to convert the existing Caven home into a civic/social hall in an
R-8 zone for Cavanauqh by Kastera Development, LLC - Southeast
Corner of South Meridian Road and East Victory Road:
Item 18: Public Hearing: MI 07-011 Request for a Miscellaneous application to
Modify the Development Agreement to address the new neighborhood
center plan and conversion of the existing Caven home into a civic / social
hall for Cavanauqh by Kastera Development, LLC - Southeast Corner of
South Meridian Road and East Victory Road:
Meridian City Council
January 8, 2008
Page 24 of 81
De Weerd: Okay. Enough said. Item 15 is a Public Hearing on RZ 07-014. Item 16,
Public Hearing on PP 07-015. And Item 17, Pubiic Hearing on CUP 07-017. And Item
18, Public Hearing MI 07-011. I will open these four public hearings with staff
aomments.
Canning: Madam Mayor, Members of the Council, this is the Cavanaugh project. It's
located on fhe southeast corner of Meridian Road and Victory Road. The applications
before you tonight are a rezone, preliminary plat, conditional use and DA modification.
The rezone is for 30.08 acres from an R-8 zoning in the city to C-N and TN-C zoning
districts. The portion proposed to be zoned C-N consists of 13.59 acres and the portion
proposed to be zoned TN-C consists of 16.49 acres. That's the existing zoning as
shown. There is the proposed rezone. The preliminary plat approval is for 517 lots and
that consists of 443 single family residential building lots, one multi-family residential
building lot, one multi-family residenfiial building lot that would conceptually support 32
apartment future units, eight residenfial building lots, consisting of 61 future conceptual
condo units and, fihen, four mixed use lots for commercial retail on the fiirst floor and,
then, residential lots on the second floor. And nine commercial building lots, one school
building lot, one civic social hall lot, 47 common lots, and three other parking lots,
basically, on 177.43 acres. So, it's quite a mix of uses as you can tell. The Conditional
Use Permit is approval to convert the existing Caven home into a civic social hall. They
are requesting this, because it will be used by more than just the surrounding
neighborhood and given the beauty of that home and the facility, it seems appropriate to
use it as -- as more than just a neighborhood center. The DA modification is to address
the new neighborhood center plan and conversion of the existing Caven home to civic
or social hall. You may remember that this was previously approved as Tanana Valley,
so it is annexed and it does have an entitlement currently on it. This is a revision to that
previous entitlement. The gross residential density of the Cavanaugh project is 3.08
units per acre, with a net density of around 4.76 dwelling units per acre and that's the
same as -- fhe same density as the Tanana Valley project originally approved. The lot
sizes have decreased from Tanana Valley, but there are more pathways than originally
proposed and also there is more open space and the commercial portion is opened up
to the residential development more. The previous plat depicted finro access points to
Victory Road and one access point to Meridian Road. The new plat depicts three
access points to Victory Road and one to Meridian Road. And fhe one at Meridian
Road is at the half mile. It's Rumple Lane, which is right at the half mile mark. So, it
meets our -- fhe qualifications for an access without the need for a variance. Did want
to point out that the multi-family units proposed within this development do not require
future CUP approval, because they are on the TN-C zone. So, the Council should
review the conceptual elevations when I get to fihat portion and if you require additional
condifiions of approval, please, let us know and we will add those. Okay. I will go
through those elevations now. These are -- I will explain these images as we go
through. This is images from the Caven home, which they are requesfing to be the civic
or social hall. And they are using fhe architectural inspirations for Cavanaugh in the
street names as well. It's a very kind of Frank Lloyd Wright-esque building and some of
Meridian City Council
January 8, 2008
Page 25 of 81
the street names have carried over. These are the commercial properties. You may
recognize some of these photos. They are local. They are firom Bound Crossing over
on southeast Boise, a successful neighborhood development. And some of fhem are
from another project that the applicant is familiar with. And, then, these are some of the
residential images. Okay. Here is the mulfi-family. This is where we were trying to go.
So, these are the apartment units. The concept for those. And I'm sure the applicant is
going to go through these in more detail, but I'll introduce them. This is fhe site plan for
the civic social hall. They are using the facility currently as a sales office, with a
temporary use approval for that. And some of these improvements have been made as
far as a parking lot. The Commission recommended approval at their November 15th,
2007, Public Hearing and they did forward recommendations for approval on all four
requests. The rezone, fhe CUP, the preliminary plat, and the DA modification. Wayne
Forrey of Kastera Development, Ben Haught also of Kastera spoke in favor. No one
spoke in opposition and no one commented or provided written testimony. Key issues
of discussion were fhe proposed access points to and from Victory Road, the allowance
of alternative compliance for the berm requirement along Meridian Road adjacent to the
residential portion of the development. Requirement of a sidewalk to be constructed by
the applicant along Victory Road across the grange hall property, which is that outparcel
shown by the school there. The rolled curbs versus vertical curbs within the
development. The key Commission changes to staff's inifial recommendation were to
modify condition to allow the applicant to work with staff to provide alternative
compliance for the berm slash wall requirement along State Highway 69 adjacent to
residential portion of the development. And to modify the condition to not require
sidewalk across the grange hall property, but to recommend fhat the applicant work with
the grange and the developer to the east to possibly install a sidewalk across the
grange property. To modify a condition to recommend that ACHD review the possibility
of using the vertical curb in lieu of rolled curb. And, then, pertaining to condition number
7.1.19, require fhe owner of Lot 24, Block 15, to construct a public street in alignment
with Mesa Way on the north side of Victory Road. The outstanding issue before City
Council -- fhere is an inconsistency in the staff report befinreen the analysis section and
the conditions of approval. In the analysis section staff is not supportive of this
driveway. It's a private right-in access point to Victory Road between Standing Timber
Way and South Enter Way. However, staff did not include a condition of approval to
reflect that in Exhibit B. And, then, ACHD reviewed the access point and included a
condition that reads: Construct one right-in only driveway locatetl approximately 1,250
feet east of Meridian Road. I contacted ACHD staff, just because I was a little confused
about where ACHD was standing on access points relative to the south Meridian plan
versus some of fhe development applications that were coming in. We were getting a
little bit of an inconsistency in the implementation of the south Meridian plan. My staff
has been working with ACHD staff and I think we are moving toward a consistent
implementation of that. But for the time being we had an inconsistency with regard to
this property. ACHD has said that they will support whatever the city wants with regard
to the third access point. Three access points in that short distance does seem a bit
much to staff, given some of the other direction that we see ACHD going on some of the
Meridian City Council
January 8, 2008
Page 26 of 81
arterial roadways and restricting some of those access points. So, that remains as an
outstanding issue for City Council. But that, to our knowledge, is, really, the only one
with regard to this property at this time. There has been no addifional written tesfimony
since the staff report, although we have quite a few items. We have an architectural
vision and guidelines book that's been provided tonight. So, a lot of those pickup
components that were in the previous presentations and the previous staff report, they
are just compiled in a guidebook for guidelines for you tonight. With that I'll answer any
questions you may have.
De Weerd: Thank you, Anna. Council, any quesfions for staff at this time?
Bird: Not at this time.
Rountree: Not right now.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: Just one. I'm looking at the first access along Victory Road. We have had a
project across the street presented to us, has there been any comparison of how their
entry aligns with --
Canning: I believe they line up. And I'm getting a nod from --
Zaremba: Aligns center line to center line.
Canning: Yes.
Zaremba: Thank you.
De Weerd: Okay. I would ask the applicanYs representative to, please, come forward.
Canning: Madam Mayor, it's going to take me awhile to get their presentation up and
running. Just a moment.
De Weerd: Okay. Well, I'll just remind him I'm glad to hear that your civic center would
be for public use, too. Since our new parks director is here tonight, I'm sure he will talk
about partnership.
Forrey: I'll slip in my business card right now.
De Weerd: Thank you for the information packet you gave us.
Meridian City Council
January 8, 2008
Page 27 of 81
Forrey: Yes. For the record, my name is Wayne Forrey with Kastera Development.
Our Boise office address is 15711 Highway 55 in Boise. Our Meridian office address is
465 East Victory Road in Meridian.
De Weerd: And since, Wayne; we know you, you are on a timed basis, so --
Forrey: Okay. Is the Powerpoint ready?
De Weerd: You know, sometimes when we know fhem ifs kind of a disadvantage.
Forrey: Well, I knew that you knew me, so I'm going to follow comments here and keep
it within ten minutes.
De Weerd: You would be our hero.
Forrey: Well, good evening, Mayor and Council members. We are often asked who is
Kastera Development. We are locally owned and we are part of the DBSI group of
companies, which is headquartered here in Meridian, and we currently develop 14
projects throughout the Treasure Valley and because of our affiliation with DBSI, we
have national marketing exposure, which brings us buyers and also tenants firom
throughout the nation to come into our developments. And over one-third of our
employees live in Meridian. Immediately after we purchased fhis property we felt it was
important to talk to your staff and departments about this project and we also hired an
economist to give us input and, then, after considering all of that input, we decided to
implement an enhanced redevelopment approach to this property. And because we are
surrounded by existing development, we approached as master planning from the
perspecfive of in-fill and we decided to take a totally new redevelopment approach.
First of all, we decided to proceed with an economic analysis and make contacts with
tenants, nafionwide business contacts that we have that want to come to Meridian, and,
then, we developed a new master plan. Regarding point three, the prior owner of this
property was planning to demolish the Jerry Caven home up on the hill site there and
we met with your staff and started thinking about how do we restore and readapt and
reuse this property and credit to your staff, after that meeting we felt there was a
mechanism here, through a Conditional Use Permit, for adaptive reuse of that amazing
home. And regarding point number five, Kastera has donated easements to the City of
Meridian to move your sewer project forward and that allows us to start construction just
a few monfhs from now in spring of '08. So, in a nutshell, here is our enhanced
preliminary plat for Cavanaugh and one of the features that we are really proud of is this
true village center in this location right here. We kept the housing density the same at
548 units, but we increased open space and we added this true workable village center.
We have achieved a mix of housing, including lofts and workforce housing, apartments,
attached condominiums, mixed neighborhood retail and employment. It's a walkable
project. It includes four parks, an outstanding social hall, finro swimming pools, and all
with over 15 percent open space. And we are asking you tonight to approve our
Meridian City Council
January S, 2008
Page 28 of 81
enhanced preliminary plat. Working with your staff we were able to find a way to
preserve this beaufiful home. And fhis is not enhanced, that's actual an photograph, if
you have been up to the Caven home. We invited staff up to the home and we are
going to have a public open house very soon. And we want to turn this into an
outstanding community center. And here, of course, is the site plan showing the
parking improvements we will make to give it good access. We have also applied for a
zone change to allow a viable and workable neighborhood center to intertwine fhat into
the rest of fhe community. We oriented the design to be pedestrian friendly with water
features, public plazas, two public transit stops and integrated housing wifih services,
offices, and employment. And the inspiration for this design comes from a project in
another market that we are familiar with by the name of Redstone. It's a very successful
project. Now, the name of our neighborhood village is the Boardwalk at Cavanaugh and
you notice the angular orientation of our main sfireet or Boardwalk right through here.
That design just pulls your eye into the center and it makes you want to get out of your
car and walk about and explore the shops, the eateries, the services, and the markets in
that village center. So, here is a rendering from the intersection of Meridian and Victory
Road, if you're at that intersecfion looking into the village center. And here is a photo
looking right down the Boardwalk main st~reet to the left of the clock tower and if you
could go back and we even are including a sky bridge to connect the upper stories,
because your ordinance in the traditional neighborhood commercial requires two story
and above construcfion. And, then, here is the photo to the right of the clock tower
looking into the commercial, the loft condominiums, and, then, the attached
condominiums over here. We talked a little bit -- Anna did about our design booklet fihat
you have. Here is a picture of the cover. It has 21 design elements described in that
book and those elements are right here summarized on this board with the material and
it lists 21 major design components t~hat will be embodied into this development. So,
let's look at some specific applications of these design principles and here is a-- we are
going to look at the back of loft buildings and most people won't show you the back of a
building, but we are committed for four sided architecture. So, here you see an
application of these 21 design elements. If you look here you will see the number 14.
This means that the architect had to have some massive structural components.
Number three right in here says a variety of texture in massive planes. And, then,
number 20 right here calls out smooth stucco finish. And so this gives .builders and
architects that come into Cavanaugh 21 design principles that they have to choose
from, which gives us an overall theme and to insure quality. Now, let's look at the front
of the apartments, which are right here. And you can see, again, the common theme
and if you look at number 15, it calls out stone. And so here you have all of these 21
elements coming together to show how we get a uniformity. Now, let's look at the
condo units and a front view. These are the condominium units here. Again, you see
how these 21 design elements blend and make a beautiful but unified architecture. We
are asking you tonight to approve our zone change application, because it will give the
city and Kastera an opportunity to demonstrate a true and viable village neighborhood
center in accordance with your Comprehensive Plan. Plus, we achieve mixed housing.
We achieve work force units. We achieve transit stops. A local neighborhood market,
Meridian City Council
January 8, 2008
Page 29 of 81
service, increased employment, and tax revenue for the city. Okay. What we are
showing you tonight is the type of building materials that Craig Kulchak has here and
this is also in the design booklet -- that we are committing to. These are fhe materials
and principles we are committing to. We are also committing to design excellence and
stylish architecture, like you see in the renderings here tonight. But I think most
importantly, we accept each one of the approval conditions fhat's identified in the staff
report and we request that those conditions remain as written. We are very pleased
with the staff report and we accept each of those conditions. Now, your staff report
does allow a right-in only driveway at this location. But the staff has asked the City
Council to consider eliminating this driveway. But we absolutely must have fhis critical
entrance point into this neighborhood center. All of the people who specialize in traffic
flow have told us that we need this right-in lane. We meet all of the design codes for
fhis project. ACHD Commissioners, an independent traffic engineer, our economist,
and probably most importanfly our tenants have told us we absolutely have to have this
right-in to make this work. And when we met with ACHD, we actually were hoping to
get a right-in, right-out, like a full approach, and we did some traffic studies and they
said if you make that right-in only, it will reduce congestion. And so we agreed to do
that. So, we can live with a right-in only, because we do want to reduce congestion on
Victory Road. And if you have any questions on this I'd be happy to answer it during our
question and answer period. Okay. Now to wrap up. But also to express appreciation.
One more thing we would ask of the Council tonight is to thank your staff for enabling
change to take and look at property in terms of redevelopment and we hear a lot about
the word change, especially in New Hampshire -- probably right about now, probably.
But it's a reality here in Meridian and the other thing, we want to thank the City Council
for elevating the image of Meridian. If you will look at the next slide, we were on an
airplane on United Airlines, opened up the magazine, and here is a two page
advertisement sponsored I think in part by the City of Meridian, your Meridian Chamber
of Commerce, talking about built for business and designed for living and we hope a
year or two from now that you will come to us and want to use Cavanaugh as one of the
partners in any of your marketing efforts nationwide, because we are going to make a
neighborhood we can all be proud of. And, lastly, fhank you. We won't let you down.
We would be happy to answer any questions.
De Weerd: Thank you, Wayne.
Forrey: And the green light is sfill on.
Berg: You did it in ten minutes.
De Weerd: I'm shocked.
Bird: Madam Mayor?
De Weerd: Yes, Mr. Bird.
Meridian City Council
January 8, 2008
Page 30 of 81
Bird: Let's go back to that right-in, right-out. I don't -- what are we going to put there in
the center to keep somebody from trying and coming west trying to cross across there,
Wayne?
Forrey: There is a --
Bird: Are we going to have a barrier or something out in the center of the road or --
Forrey: It will be --
Bird: We could cause some real trouble by --
Forrey: Yes. It will be designed -- excuse me, Madam Mayor, Councilman Bird. It will
be designed such that you just physically can't make a right turn here --
Bird: Okay.
Forrey: -- or a left turn. It's narrow and it's one way in only. It will be signed and
designed that way.
Zaremba: Madam Mayor?
De Weerd: You can't legislate stupidity, so someone will try it.
Bird: Somebody will try it, but --
De Weerd: Mr. Zaremba.
Zaremba: On fhat same subject in the same place, one of the reasons that we resist
accesses is as a person slows down to make the turn --
Forrey: Yes.
Zaremba: -- or in this case there are no -- going to be no out coming right or left turns,
but even the right-in would be somebody slowing down in the traffic lane and I can
understand the need to have that there and I'm glad that you're not proposing either a
full access or even a right-in, right-out. But I wonder whether it would be possible within
your scheme to do something similar to what you have done over here, which is to give
a little bit of a deceleration lane --
Forrey: Yes.
Meridian City Council
January 8, 2008
Page 31 of 81
Zaremba: -- and maybe, then, even continue the barrier from the other side a little bit --
I'm not trying to reengineer the entryway, but I'm just saying could we -- is something
like fhat possible or do you -- does that question even make sense?
Forrey: No. Madam Mayor and Councilman Zaremba, absolutely, and I was so
nervous about the ten minutes that I didn't go into detail.
Zaremba: Okay.
Forrey: But there is a deceleration lane right here in our negotiations with ACHD and
fhat's one of the conditions~they placed upon us from the design standpoint. So, we are
totally -- ~
Zaremba: But it's not reflected in this drawing, but --
Forrey: That is correct. Yes. That's correct. So, we will have a deceleration aapability
here to reduce that congestion.
Zaremba: Okay.
De Weerd: Thank you. Any other questions?
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: Anna, can you put up the entire site design? Or at least one that shows the
school site. There was an earlier question that jumped out before with regards to this
little pocket right there and it might seem insignificant to fhe whole part, but if appeared
to be a school site and now you have got a little corner jut behind a home that's hidden
from everybody on a school site and there was discussion at one point about whether or
not that lot would, then, just go straight up and --
Forrey: Madam Mayor, Councilman Borton, the -- one of the items we are looking at
with the Public Works Department and the school is to put a well site right in this area.
So, the school itself is back in this portion and we are probably going to have a-- a well
lot or well site back there. And it's just a-- it was just the shape of the property right
here and we -- I guess we could make that lot larger, but we intend to use that for a
public utility funcfion right back there. A pump house.
Borton: Madam Mayor? That would prevent public access back into that little nook?
Forrey: Yes.
Meridian City Council
January 8, 2008
Page 32 of 81
Borton: Okay.
Forrey: Yes. That would all be fenced off and secured
Borton: Okay.
De Weerd: Doesn't that concern Public Works? I mean tucking that back there still will
have that same pocket, fhe visibility to that area and I can't say that our well -- our well
facilities are not immune from vandalism. So, I guess just the lack of being able to see
into that area would just be a design concern on creating an unsafe situation.
Forrey: Madam Mayor, we wouldn't object to an additional condifion that we say
coordinate the design of the well lot with Kastera and the school district and the police
department, to make sure there is nothing in the design that would induce vandalism or
crime or any safety concerns and we could maybe just rework that area at a staff level.
A department head level.
De Weerd: Len.
Grady: Madam Mayor, Members of the Council, we would be willing to work with them
to come up with some scenario. I don't think we have gotten .so far as to, you know,
final design or anything, but the general location works. You know, do we take access
off Victory? Do we come in the other way. I think those details we haven't worked out,
but you raise a good point and we will just make sure that it is secure.
De Weerd: Okay. Thank you. Any comments, Captain Lavey?
Lavey: Madam Mayor, Council, I know our staff has worked with this developer quite a
bit on the overall project and that would just be one more area fihat we would take a look
at to insure crime prevention through the design of the project.
De Weerd: I'm sorry, Chief Lavey, you do look really nice tonight. You clean up very
nicely.
Lavey: Thank you.
De Weerd: Any other questions?
Rountree: Madam Mayor?
De Weerd: Yes.
Rountree: Anna, there is another one of these renderings for the entire area that has a
label on it that I want clarified. If you could find it for me.
Meridian City Council
January 8, 2008
Page 33 of 81
Canning: Sir, was it on my presentation or the applicant's?
Rountree: Well, it might have been on your presentation. It had an explanation there:
To be determined by the market.
Bird: Oh, yeah. That was the --
Canning; Their phasing plan.
Bird: That was amazing. While she's getting that, Madam Mayor'?
De Weerd: Yes, Mr. Bird.
Bird: Wayne, on Rumple Drive, is that part of your property or is that going to -- is that
going to be a-- stay a private road or --
Forrey: Madam Mayor, Councilman Bird, a portion of Rumple Lane is our property and
we are converting that to a public road. So, Rumple Lane will go away and the name of
the street on the other side of the highway -- I can't think of it -- it will have that new
street name that lines up with --
Bird: That lines right across the --
Forrey: Yes.
Bird: That goes into fhat subdivision, there.
Forrey: Harris Street.
Bird: Yeah.
Forrey: Thank you.
Rountree: My question for Wayne or Anna, either one, is that the comment up in fihe
corner -- phase whatever to be determined by market demand. Does that mean the
phase number is or given your architecture and what you're trying to accomplish, at
some point in time when Walgreens wants to locate in there, I'm assuming that from
what you presented that's not what I envision to be there. So, what does that mean?
Forrey: Madam Mayor, Councilman Rountree, the -- in the application materials the city
puts forward, they ask for a phasing plan. You can see all of our phases here, four, five,
six, seven, eight -- and we have this nineth area that could be phase two or seven or
eight or nine. We have had some interest by so many people that want to move
Mendiam City Council
January 8, 2008
Page 34 of 81
forward, it could be phase two. Our phase one is already final platted, which you
approved this passed summer and we will probably start construction in several months.
This could be phase finro or as the market matures here a little farther, we could identify
exactly what phase, but today it's a little bit unknown whether it would be two or number
nine.
Rountree: So, in response to my question, the label there is an indicator as to what
phase it might be, not what will be there.
Forrey: That's correct.
Rountree: Okay. Thank you.
De Weerd: Okay. Council, any further questions? Mr. Zaremba?
Zaremba: Madam Mayor, yes, I do have another. While Mr. Forrey is here -- it's
actually for Director Canning. And fhe question would be -- we have had discussion in
ofher places about our requirements for developments along entryway corridors, which
part~ of this that fronts Meridian Road is -- and one of the requirements is to bring
buildings forward. So, I'm -- while I like the design and it's a very high quality, how are
we having a parking lot on the corner?
Canning: Madam Mayor, Members of the Council, the requirement is that you can have
no more than 70 percent of a parking lot -- parking -- I fhink iYs 70 percent in front of the
building. We may have been looking at it as the -- the development as a whole,
because there are buildings out in the front that -- on some of them we may balance it
out for the project as a whole. I can quickly look at a staff report and find that analysis,
if you can just give me a minute.
Zaremba: I scanned through it and didn't see that.
Canning: You didn't see anything?
Zaremba: Could be I missed it, but --
Canning: There is probably a general condition that's -- the issue would be if it's from
Eagle Road -- or from Meridian Road -- I always make that mistake. If it's from Meridian
Road, then, the parking is not in front of Meridian Road, it's on the side of the building, if
you look at it that way.
Zaremba: Okay.
Canning: Victory is not an entryway corridor.
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January 8, 2008
Page 35 of 81
Zaremba: Yeah. I know that. All right. Thank you.
Rountree: Madam Mayor'?
De Weerd: Mr. Rountree.
Rountree: Wayne, you talked about the Cavanaugh house would become a community
center.
Forrey: Yes.
Rountree: How is that going to work in terms of ownership, a long-term maintenance
use, scheduling -- it seems to me, at least my assumption is right now -- I have heard no
other explanation -- is that that would be a,community property of this subdivision. That
seems like a pretty significant pill for those folks to assume.
Forrey: Madam Mayor, Councilman Rountree, when we met with your staff months and
months ago about how do we use this great architectural gem, Anna was the one that
pulled out the zoning ordinance and said, you know, I think a civic social hall can work.
The criteria in that part of our code allows it to be for neighborhood use, it allows it to be
for community use and even regional use if it's managed in a way that is integrated into
the subdivision, And so our approach has been to have a contract -- Kastera
Development would own and manage and maintain that facility and fhe homeowners
association would have, by contract, certain days of use and privileges, but to not
burden all of the homeowners with fhe O&M cost, there will be some outside functions,
like a wedding or the Mayor's prayer breakfast or a community function that would pay a
fee to use that facility and that would offset the ongoing operation and maintenance.
Rountree: Okay. Thank you.
De Weerd: Okay. Any further questions?
Zaremba: Madam Mayor, one more. During the discussion about -- I think it's called on
off-site sidewalk, during the presentafion it was discussed having it across the grange,
which would be there.
Forrey: Yes.
Zaremba: But the director highlighted this area while she was talking. Is there going to
be a sidewalk access to the school across that parcel?
Forrey: Yes. Madam Mayor, Councilman Zaremba, we are constructing full sidewalk
here and our feeling is that we need to talk to the Grange and this developer here and
get a three-way partnership with this developer, the grange, and Kastera, to put
Meridian Ciry Council
January 8, 2008
Page 36 of 81
sidewalk across there. And that's the way it is prepared in fhe staff conditions. But to
answer your quesfion, this will be completed at Kastera expense across that property.
Zaremba: Thank you.
Canning: Madam Mayor, Members of the Council, sorry for that error. Mr. Silva -- Fire
Marshal Silva wanted to comment on the Caven home.
Silva: Mayor, Members of the Council, just as a point of clarification -- and we called
this out in the staff report -- that any -- any requirements for the fire code in terms of
exiting or extinguishing systems that may apply, you know, given the actual physical
layout of the Caven home as it is converted to change in use to a new building, if you
will, and so those provisions would apply. So, fihat may be, you know, a consideration.
We just want the developer to have a firm understanding of the requirements of the fire
code, the building code, going forward as that may -- as it may affect that home. That
would be number one. And number two is as we have moved and looked at phase one,
phase two, phase three, anytime we have more than 50 homes served from any one
point of access, temporary access roads may be required. When we reviewed this it
had mulfiple access points, good access to fihe entire project, but phasing may affect
fhat, so I just wanted to make that point clear to Council -- Mayor and Council.
De Weerd: Thank you, Joe. Okay. Thank you.
Forrey: Thank you, Mayor and Council.
De Weerd: This is a Public Hearing. Is there anyone who would like to provide
testimony on this appficafion? If you will, please, state your name and address for the~
record.
Haught: My name is Ben Haught. I live at 4040 West Perkins Street, Meridian.
De Weerd: Thank you.
Haught: I, actually, live just a couple miles down on Victory from the site. I am -- I feel
privileged to be part of Kastera and to redesign this site from the regional plan to
something that I`m very proud of and excited for in my neighborhood. I'd like to
emphasize fhe need for that right-in, so we can get good tenants, tenants to be excited
about that can really make this a neat neighborhood friendly design, some place where
me and my wife and my children can come and relax and enjoy the setting. And I'm
also very proud of our efforts to preserve the Caven home and -- and to really boast
some of the great architectural features of that home and carry that throughout the
community.
De Weerd: Thank you.
Meridian City Council
January 8, 2008
Page 37 of 81
Haught: Thank you.
De Weerd: Yes, sir.
Kulchak: My name is Graig Kulchak. I live at 315 Clear Creek Drive in Meridian. I have
the privilege almost on a daily basis to have the Caven house as my office. The views
up there are spectacular. It's a great project, it's something fihat Meridian doesn't have
right now. It's a great mixed use, open spaces, and I concur with Ben, we do need that
right-in access point to make it a viable piece. We need that capture rate to make those
residential -- those commercial areas to be viable. I want to also thank staff, Anna,
Sonya, they have been really great to work with. They have listened to every complaint
that I have had and have been more than cooperative and -- yeah, yeah, yeah, yeah.
I'm bugging them on a daily basis most of the time, so I really appreciate the efforts they
have put forward.
De Weerd: Thank you. Okay. Any further testimony? Yes.
Mussell: Hello, Madam Mayor. My name is Tim Mussell. I live at 3800 South Meridian
Road. I'm in approval of the project and these guys have been good to work with so far.
I'm just trying to make sure one thing is clarified in the future.
Nary: Mr. Mussell, could you pull the mike a little closer to you.
Mussell: Anyway, when I originally purchased my property, which is right there, that
little acreage, I had worked with Jerry Caven and other -- others that were involved, Jim
Chambers, it was his states realty manager. In the process, they said that they would
work with me on a view corridor, just to make sure I had some ability to not be blocked
out and fhey would work with the next owners and when Mr. Goldsmith and his group
bought it, I had a chance to meet with them and they -- on the original plat had an open
space in front of ine. Since, then, that's evolved and there is lots there. I think Craig
and I have worked togefher and I have visited with these guys about -- I'm okay with
that lot, except for lot number 37. They have a 35 foot height in their -- in their CC&Rs
or whatever and we are agreeing to that, but to try to reduce that, I wanted to keep it
about 20 foot and a single story for one reason, I won't be able to see Bogus anymore
and other than that I want to make sure it's part of the record. But if they would respect
me on that, I would appreciate it. Thank you.
De Weerd: You always have the option to purchase. Any further testimony? Okay.
Wayne, would you like to conclude?
Forrey: Thank you, Madam Mayor and Council. Just to assure our neighbor Tim
Mussell, he mentioned Lot 37 I wrote down and wanted to limit the construction to single
height and we would be fine with fhat. I can understand. That is a beautiful hill and
Meridian City Council
January 8, 2008
Page 38 of 81
there is beautiful views. So, someone will build a nice single level home right there and
we would be willing to do that to help him.
De Weerd: And we can put that in our GAS notation, so if anyone comes in for a
building permit on that, we have it adequately footnoted, flagged, and everything; right?
That was yes, right, Len? And you will note that on the plat. I know you hate to limit --
or to have notes on the plat, but when we do this, especially for one lot, we want to
make sure that that is easy to track.
Grady: Madam Mayor, Members of the Council, if they want to put that on the plat we
will certainly try fo push that through. The county engineer may kick it out, but we are
fine with that.
De Weerd: Okay. Thank you for that concession.
Forrey: That concludes our remarks. Thank you.
De Weerd: Thank you. Council, do you need any further informafion?
Bird: I don't, Madam Mayor.
Rountree: No.
De Weerd: Okay. Well, then, I would entertain a motion.
Bird: Madam Mayor?
De Weerd: Yes.
Bird: I'd move that we close the public hearings on RZ 07-014, PP 07-015, CUP 07-
017, and MI 07-011.
Rountree: Second.
De Weerd: Okay. I have a motion and a second to close the public hearings on Items
15 fhrough 18. All those in favor say aye. All ayes. Motion carries.
MOTION CARRfED: ALL AYES.
De Weerd: Discussion? If there is no discussion, I'd entertain a motion.
Canning: Madam Mayor?
De Weerd: Yes, Anna.
Meridian City Council
January 8, 2008
Page 39 of 81
Canning: Can I ask -- just because it's been awhile since my presentation, but there is
that one inconsistency in the staff report and if Council could just -- regarding the right-
in, right-out only, if Council could just clarify it one way or the other, I'd appreciate it.
De Weerd: You mean a motion with staff comments will not be enough?
Bird: Madam Mayor? Anna, you want -- that would be on the PP, wouldn't it? The
preliminary plat?
Canning: Yes.
Bird: It wouldn't be on the rezone.
Canning: Yes.
Bird: Okay. Madam Mayor?
De Weerd: Mr. Bird.
Bird: I mo.ve we approve RZ 07-014, request for rezone of 30.08 acres for Cavanaugh
by Kastera Development and to include all staff, applicant, and public testimony.
Zaremba: Second.
De Weerd: I have a motion and a second to approve Item 15. Is there any discussion?
Seeing none, Mr. Berg. ~
Roll-CaIL• Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
De Weerd: Okay. Item 16.
Bird: Madam Mayor'?
De Weerd: Mr. Bird.
Bird: I move we approve PP 07-015, the preliminary plat for 518 lots for Cavanaugh by
Kastera Development and to include on the second entry from the east off of Meridian
Road on Victory to be right-in only and to have a slow down lane, turn-in lane --
deceleration lane and, then, to also include all staff, applicant, and public testimony.
And Lot 37 will be noted on fhe plat as only being able to be a single story.
Meridian City Council
January 8, 2008
Page 40 of 81
Nary: Madam Mayor'?
De Weerd: Why don't I get a second first.
Borton: Second.
Zaremba: Second.
De Weerd: Mr. Nary.
Nary: Madam Mayor, Members of the Council, you probably want to limit the height, not
the story. Remember, we have run into problems with that.
Bird: I agree with --
Nary: So, you want a height limitation.
Bird: What's a single story run, 22 feet? Twenty-two feet.
Zaremba: Second agrees.
De Weerd: Is 22 feet sufficient? Okay. It is for Tim. He's the man. Okay. And that
was per motion maker and second?
Bird: Yeah. Yeah.
De Weerd: Okay. Anything further? Okay. Mr. Berg, will you, please, call roll. ,
Roll-Ca11: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
Bird: Madam Mayor?
De Weerd: Yes. Item 17. Mr. Bird.
Bird: I move that we approve CUP 07-017, Conditional Use Permit to convert fhe
existing Caven home into a civic social center and to include all staff, especially
applicant, and public tesfimony.
Zaremba: Second.
De Weerd: Okay. A motion and a second to approve Item 17.
Meridian City Council
January 8, 2008
Page 41 of 81
Bird: And the reason I have said applicant was. because Wayne's way it's going to be
ran needs to be in that.
De Weerd: Okay. If there is no further discussion, Mr. Berg.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
De Weerd: Okay. And the last -- Item 18.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve MI 07-011 for Cavanaugh by Kastera Development, to include
all staff, applicant, and public testimony.
Zaremba: Second.
De Weerd: Okay. I have a motion and a second to approve Item 18. If there is no
diseussion, Mr. Berg, will you --
Zaremba: Madam Mayor?
De Weerd: Yes.
Zaremba: Just a comment if may. I appreciate what the applicant has done to save the
house and make it a part of the community. I vaguely remember this project from the
original developer and it was okay, then, but this is a vast improvement, even over that.
I.f the quality of the finished product is anywhere near the quality of the presentation, I
think it will be an excellent addition to Meridian and very welcome.
De Weerd: You know -- and I might say, Wayne, I took exception a couple years ago to
you saying Meridian had only cookie cutter subdivisions and planned communities were
the only way to go. I'm glad to see you have turned around. Mr. Berg, will you, please,
call roll.
Ro11-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
Item 19: Public Hearing: AZ 07-012 Request for Annexation and Zoning of
258.39 acres from RUT to C-G zone for Meridian Town Center by
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January 8, 2008
Page 42 of 81
CenterCal Properties, LLC - Northwest Corner and Northeast Corner of
North Eagle Road and East Fairview Avenue:
Item 20: Public Hearing: VAR 07-017 Request for a Variance to UDC 11-3H-4
that prohibits new approaches from directly accessing a state highway to
allow 3 right-in / right-out access points on both sides of State Highway
(SH) 55/Eagle Road and 1 full access point to State Highway 55/Eagle
Road located on the east side of SH 55/Eagle Road for Meridian Town
Center by CenterCal Properties, LLC - Northwest Corner and Northeast
Corner of North Eagle Road and East Fairview Avenue:
De Weerd: Thank you. Okay. Items 19 and 20 are public hearings AZ 07-012 and
VAR 07-017. We will take a moment to transition.
Canning: Madam Mayor, I would like to comment that Mr. Kulchak was in the office so
frequently I threatened to give him a paycheck, so --
De Weerd: Start charging him rent. Okay. Are you ready, Anna?
Canning: Yes, ma'am. Madam Mayor, Members of the Council, before I get started on
the presentation for this next one, as you know I usually prepare notes to present to
Council and I try to keep my summary notes to a page and fhey are four pages long
tonight. I have really struggled with how to give this presentation. So, if at any point
you feel I'm going into far too much detail, please, stop me and I just wanted to say that
before I started. It's an unusual application and I just -- it's been a little bit of a struggle
on how to best convey it to you. The project before you tonight is Meridian Town
Center. It's located on the north side of Eagle and Fairview intersections and it is on
both sides of Eagle Road as shown before you. The applications before you tonight are
an annexation, with concept plan and a variance application for access to the state
facility. I'm going to go through the annexation request first. The annexation is for
258.39 acres to C-G and fhat the northeast portion -- I have an ownership map shown
here. There are three ownerships associated -- three eventual ownerships associated
with the annexation. One is the CenterCal~ property and that's right at the northeast
corner of Fairview and Eagle. The other -- another ownership is for the Walter Kleiner --
Eugene Kleiner -- oh, oh. The Eugene Kleiner family, which will have the eventual -- is
proposed as a park site for eventual dedication to the City of Meridian. And, then, the
third ownership is partially on Fairview on the east side of Eagle, partially on the north of
the CenterCal property and, then, on the west side of Eagle. We have a fair amount of
detail regarding the certainty of the CenterCal property. We have no detail whatsoever
on the park at fhis time. And we have only conceptual ideas of what may happen on
what's shown as DA number two. For that reason, because of the difference in
specificity for each of the owners -- eventual ownerships, what we have done is divide
them into three future development agreements with a contract for each with the city,
instead of tying them together. So, I'm going to go through fhem individually and I will
Meridian City Council
January 8, 2008
Page 43 of 81
try and -- I promise not to read every word that's on my crib notes, but I do want to give
you a flavor for what each development agreement is going to look like. The
development agreement number one is for the park and, basically, what we have said is
that it will be a park at some point and if that use changes, then, they need to come
back to Council. It also deals with a couple stub streets that come into the east side of
the property and what needs to be done with those stub streets. It does have a limit of
a 26 foot height limit for any structure within a hundred feet of the property line of an
existing residence at the time of annexation and we have an exhibit within the staff
report that notes where all fihose existing residences are at this time. The last item on
there is one that you will find in common throughout all the DAs. It's the only common
item in all three DAs and it -- what it, basically, says is -- the first one says that they
need to get a park plan approved by Council and we need to notify the neighbors. What
the last one says is once that park plan is approved by Council, rather that -- it allows
me some discretion to allow them to develop that that may not be exactly as that future
concept plan is shown and what it says is relocation of buildings shall be allowed,
provided that the impact to adjoining properties remains the same or is less. So, if it's
20 feet, if there is -- if fhey eventually get a site plan that shows a building 20 feet from a
residence, if fihey want to move that building, it needs to stay 20 feet from that
residence. And, then, any change in use would not be allowed on properties that are
immediately adjacent to residences, unless they come back to Council for that approval.
But it does allow me to increase or decrease the square footage by 20 percent of any
building or collection of buildings, as shown on their eventual concept plan. So, this --
so that set of items is really in each one, so that once there is an approved concept
plan, that we can effectively move forward, rather to have every little change approved
by Council. So, moving on to the DA number finro, which is the Kleiner ownership, that
one was particularly tricky in that they really don't have a concept for how it will develop.
What you see before you is kind of a-- a general indication of the size of builclings and
the necessary parking to support that and it's a mix of residential -- or, actually, it's a mix
of office and retail development. So, it gives you a concept for the square footages that
we are looking at the kind of parking that would be associated with it, but they don't
want to be tied to the concept plans as shown on DA number two at all. So, the
provisions of that one read that prior to any land use approvals on the property, the
owner needs to extend Records Road through their property, as well as River Valley.
And fhey need to dedicate fihe right of way and extend those roadways. And it also
says that they need to make that dedication within the time required for CenterCal to
construct the roadway and related improvements. So, it does kind of tie the CenterCal
property to this portion of the Kleiner ownership. It gives a total retail gross flare area of
1.293 square feet -- gross square feet. And fhere is a list of allowed uses for those
retail areas. They just went through our list of uses and pulled out fhose that would be
considered retail. I'm sorry, that's total square feet. The retail would be limited to -- no.
I was right. I'm sorry. It's 1.3 million gross square feet for retail and, then, 700,000
gross square feet for office. Going down, the applicant asked that they be allowed to
swap that out at a ratio of two to one. So, basically, that if they wanted to take 200
square feet of office space, they could' convert that into a hundred square feet of retail
Meridian City Council
January 8, 2008
Page 44 of 81
space and vice-versa. If they took a hundred square feet of retail out, they could add
200 square feet of retail. They would need -- before they got their first CZC on a piece
of property, they need to provide a detailed site plan for that area and that detailed site
plan also needs to be forwarded to any potential owner, so Yhat fhey understand the lot
that they are getting already has a detailed site plan for that area. What we anticipate is
a detailed site plan for this before they pull any building permit there -- for this area
before they pull any building permit there and, then, these would probably be broken out
into two kind of sections within that area. There is a requirement for an allocation plan
to be associated with the development agreement, so before you all sign the
development agreement, they need to take that 1.3 million and say, okay, in this area
we are going to put X number of square feet of retail and X number square feet of office
and this area we are going to allocate X number of retail, X number of office, and so
forth, so that we have an allocation plan. Now, that allocation plan they are asking that
that be allowed to fluctuate. It may be that they take all their retail development and put
it in -- in this area and if they want do to that, there is the flexibility to do that, but fhe
number can never get bigger. It's just -- they have a set allocation and they have to
redistribute that throughout the whole DA. I hope that makes sense. That was a little
tricky. And, then, again, when they have a detailed site plan for an area that I would be
allowed to increase any individ.ual building or collection of buildings by 20 percent or
decrease it by 20 percent without requiring a new allocafion plan. But it's very clear that
that 20 percent does not mean they get an overall increase in 20 percent in the
allocation pian. It's not intended to be that way. It's only when there is detailed site plan
approval, rather than having to go modify the detailed site plan, the allocation plan, and
the development agreement. I# gives some flexibility for an increase in building. Buffers
to residential uses -- our primary concern on this one was the residences in Packard
Estates over here. There is one resident here and there is a buffer for that one in this
corner and, then, there are several residences in Packard Estates that adjoin the
property and those provisions are that development within a hundred feet of Packard
Estates Subdivision residential lot line shall be subject to a 25 foot landscape buffer and
shall be further limited as follows: Retail building or parking shall be prohibited within a
hundred feet of those lots, unless fhe owner obtains conditional use approval. Office
and residential development shall be allowed, provided that residenfial development
shall be subject to conditional use approval. A perimeter drive aisle connected with
retail or other uses, an approved public or private road, curb, sidewalk, and/or buffer
perimeter landscaping may also be placed in and count toward the hundred foot
setback to retail use. No part of a private or public road, including any sidewalk, shall
be placed less than 60 feet from the residential lot line, unless the owner obtains
conditional use approval. So, we really tried to buffer those exisfing residences, since
the annexafiion is coming in without a real concept plan for the area. We try and put
those assurances that Council tries to give adjoining residences into the DA. And, then,
no building over 26 feet in height shall be placed within a hundred feet of Packard
Estates Subdivision, residential lot line contiguous with the west parcel. So, we tried to
limit it to, basically, a story or story and a half along that west property line. Building
size, placement of any building with over 200,000 square feet in retail gross floor area
Meridian Ciry Council
January 8, 2008
Page 45 of 81
shall require Council approval of a development agreement modification. So, again, we
just -- we are looking for those triggers that generally concern Council and large
buildings are one of those. So, basically, if they want to do a really big building they
have got to come back for a development agreement modification and let Council see
fhat. Eagle Road improvements, to the extent not constructed by CenterCal, owner
shall construct improvements as specified in the Eagle Road arterial study along the
west boundary of the north parcel prior to occupancy of such parcel and along the east
boundary of the west parcel prior to occupancy on such parcel -- I'm sorry, this is the
north parcel. This is the west parcel. Owner shall not be responsible for road capacity
improvements or road medians, but shall be responsible for the ten foot multi-use
pathway, landscaping, and pedestrian level lighting along Eagle Road. And, then, there
is a provision regarding street landscaping and setbacks, which, as I was preparing for
Council I noticed it has a conflict in it in that we do say street landscaping is required
and, then, there is a statement that street landscaping is not required. I did not have a
chance to talk with any of the applicants regarding that one. We may just want to leave
it to be corrected prior to Council signing the development agreement modification. I
think it's a relatively minor issue, it just caught me has noticed as inconsistent. Okay.
Moving on to the CenterCal ownership, which is this one. I do want to point out some of
the provisions of that one, since this concept plan is a little more definitive, although I'm
sure the applicant is working on refining it and making it even better, so have been told.
There is a collection of buildings with a movie fheater as an anchor on this site and,
then, these buildings are meant to create kind of a main street feel and that there is
pedestrian -- mostly a pedestrian area, but that it does facilitate cars going either
direction, but the closeness is meant to be a more pedestrian atmosphere. There are
pads along the arterial roadways, which helps to breakup the parking as you see.
There is a-- we are -- I'll get into that later. What else is there? I guess that's it. I'll go
through some of those development agreement provisions for the third ownership now.
All structures shall be subject to administrative design review. Actually, the Kleiner
property is subject to that as well. Residential uses shall be developed on the property
at a minimum square footage of what is currently shown on the concept plan, which is a
little over 200,000 square feet of residential. It's vertically integrated residential. We did
allow on the Kleiner ownership for those -- sorry, I'm going back and forth. But on DA
number finro there is an allowance for any vertically integrated residential to occur. It's a
principal permitted use within the C-G zone. So, we are only capping retail and office,
not residential on -- on these DAs for bofh DA number two and DA number three. The
general configuration of the shops around the plaza should be carried forward. Cross-
access easement is required with all the businesses, basically, on -- between Records
Road and Eagle Road and I think the applicant has a counter-proposal to that. We
asked for one norfh -- more north-south connection between Fairview Avenue. There
is, basically, one here. It doesn't have to be direct, but we just didn't want Records
Road to be the only way to get north-south. Staff was in favor of one particular parking
layout pattern. No, it's not shown on the presentafion, but it is in the staff report. It was
just a parking pattern that we fell kind in this area here -- felt broken up and provided
good pedestrian access, so we did ask that that be -- wasn't required, but that generally
Meridian City Council
January 8, 2008
Page 46 of 81
be the kind of parking pattern used in the parking lot. We asked for a path showing -- or
a plan showing safe pedestrian routes at regular intervals within the site and, then, prior
-- this is the -- probably the most -- the provision that staff has agreed to disagree on
with regard -- with CenterCal and that is prior to issuance of the fifth building permit
within the DA boundaries, a final plat shall be recorded fhat dedicates Records Road
from Fairview Avenue to the north property line and River Valley Street from Eagle
Road to Records Road. All properties within the eastern annex area shall be included
on the final plat and fhat needs to be constructed as well. There is a condifion related to
Stars in the event the applicant is not permitted to obtain full reimbursement for Stars or
to elects not to make such improvement. Applicant shall not be required to construct
any off-site improvements, except as necessary to provide access to the DA number
three area and may submit an alternative access plan for approval by City Council. This
does not negate the applicant's obligation to improve the frontage of the annexation site
as noted within the staff report. Almost to the end now. And, finally, Eagle Road along
the frontage of the annexation site shall be improved by the applicant and, basically, in
accord with the Eagle Road arterial study and, then, again, there is that once we have a
detailed site plan it allows me some flexibility to increase square footages of any
individual building or collecfiion of buildings. The collection of buildings does come
particularly from this property where they do have groupings or collections of buildings
that may come together or break apart, depending on the tenants they find. The
applicant does have some renderings of the lifestyle. They are not in my presentation.
We do recommend that the Council include those from the development agreement.
Now I'm going to move on briefly to the variance. Their variance request is to -- is for
four right-in, right-out access points, two on each side of State Highway 55, Eagle Road,
and two right-in, right-out, left-in access points, one on each side of State Highway 55,
Eagle Road. And those are located approximately a quarter mile north of Fairview
Avenue. The applicant is also proposing to construct or reconstruct a full access
signalize.d intersection located at River Valley Street, but that is not part of the variance
application, that is the -- the kind of approved location for that access at the half mile.
Staff could not make the findings for approval of the variance to Eagle Road. So, if, as
Council takes action on that one way or the other, if you can give staff some guidance
on how to prepare those findings, we would appreciate it. The Commission
recommended approval of the annexation at their November 15th, 2007, Public
Hearing. Ashley Ford from WRG spoke in favor as the applicant's representative. John
Paul Wardy from CenterCal Properties spoke as the -- also for the applicant, as did
Andy Wilk. Lars Anderson of Bach Builders, Chris Brand of Petra, and Mike Ballantyne
representing the Kleiners also spoke. No one spoke in opposition. Victor Villagas
representing Blue Cross of Idaho and Scott Stanfield from Mason Stanfield Engineering,
who is representing Bach Builders, did comment as well. Key issues of discussion by
fihe Commission were the pedestrian and vehicular traffic befinreen the sites across
Eagle Road, the extension of Records Road from Fairview Avenue north to River Valley
Road and the extension of River Valley Road from Eagle Road east to Records Road.
The Commission did not make any significant changes to staff s initial recommendation.
The outstanding issues before Council -- there are a couple. One from the Kleiner
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January 8, 2008
Page 47 of 81
family, what -- after the Planning and Zoning Commission recommendation Mrs.
Watters realized that she had forgotten to include an analysis of the pathways plan.
There is a ten foot multi-use pathway proposed that runs on the west and north sides of
the west parcel. In addifiion, the state highway ordinance requires a ten foot multi-use
pathway down Eagle. What the representative from the Kleiner family is asking is that if
fhey were to -- there is also a requirement for either a public or a private road running
generally north-south fhrough that west parcel. They would like to be able to move the
pathway to adjoin fihe publia or private road and to have that count as -- as a suitable
location. So, basically, rather than having three north-south pedestrian systems, they'd
like to consolidate that down to two. With regard to the CenterCal ownership, I think
that -- as I mentioned before, the outstanding issue that staff sees is that the timing of
both the Records Road and River Valley east of Eagle. So, we feel it is important to
have those roadway connections for the CenterCal development. We recognize that
fhey are not fully within their ownership, but it is within the annexation area and we feel
that those -- those improvements need to be tied to the CenterCal property. Since -- we
have received a number of written testimony since the staff report. We have e-mail
comments from David Kleiner and we have comments from Bach Homes and, again,
Bach Homes owns the property to the north of the north parcel and they -- their
comments were with regard to the River Valley Road extension and Records Road
construction. And Andy Wilk has provided written testimony. I'm not sure that it made it
into your packet, but I know he has that to hand out tonight as well. With that I will
answer any questions Council may have.
De Weerd: Council, questions at this point?
Zaremba: What was the fourth thing you told us?
Canning: Yeah. Before or after I started stuttering?
De Weerd: Okay. Is the applicant's representative here?
Ford: Happy New Year.
De Weerd: Thank you.
Ford: Good evening, Honorable Mayor, Members of the Council. For the record, my
name is Ashley Ford, I'm the planning project manager for WRG Design. My office
address is 1173 East Winding Creek Drive in Eagle. And I'm pleased to be here on
behalf of CenterCal Properties. For our presentation this evening I'm going to cover a
few general items and, then, I'm going to turn the remaining time over to CenterCal for a
brief Powerpoint of CenterCal talking about the projects that they have done and,
basically, who fhey are. We do have representatives here this evening representing the
other property owners. They don't plan to be a part of this presentation. However, they
are here for questions. As we did at the Planning and Zoning Commission, first we'd
Meridian City Council
January S, 2008
Page 48 of 81
like to thank staff. This has been a project in the making for many months, as many of
you know. It's very complex, it's very complicated, and I don't think ever there has been
three development agreements with one annexation request ever processed with the
city. So, we thank Anna and her staff very much.
De Weerd: Her staff has been amazing.
Ford: Absolutely. And I have been on the public side and I understand fhe work that
they do, so I'm very grateful. Staff did do a wonderful job in outlining the details. I'm
going to discuss the vision and I'm going to keep it very brief and I want to turn the
presentation over. We believe the project will be the center piece for the City of
Meridian or the new center of gravity for the Treasure Valley residents. We truly believe
this development will far exeeed what you, the City of Meridian envision for this
property. Meridian Town Center is proposed to be a high quality lifestyle center, in lieu
of a traditional strip mall or a traditional mall as the Boise Towne Square. Many hear
the term lifestyle center and really don't understand what that means. And to us this
means a more upscale, primarily outdoor shopping area, with a strong pedestrian
emphasis. These are designed to resemble villages or town centers with active and
attractive streetscapes, a mix of uses that may include retail, office and residential, both
at ground level, but also about the commercial and the office. These projects are really
inviting. We want those to park their cars, escape to a place that they can go watch a
movie, socialize, shop, they are purposely designed to be pedestrian oriented. As Andy
discussed -- Andy Wilk from CenterCal discussed at the P&Z hearing, we are going
after the Leed certification for this project. We don't know what level yet, but we are
going after certification. And I'll let him describe fhis in further detail if you have any
questions. And while this is a request for an annexation only, we have provided a
concept plan as Anna went through with you, that not only demonstrates that CenterCal
has the principles of the Comprehensive Plan in mind, but your vision at heart. And with
that summary I would like to turn over the remaining part of this presentation to Fred
Bruning, who is the CEO of CenterCal. He will discuss who CenterCal is. He will, then,
turn the presentafion over to Andy Wilk, who will discuss the issues that we are facing
with fhe site, fhe variance application, and we will stand for questions. Thank you.
De Weerd: Thank you.
Bruning: Madam Mayor and Councilors and counselor, nice to be here this evening.
Thank you so much for letting us be a part of your snowy evening here. And I know
you're probably more interested~ in --
De Weerd: If you will, please, first state your name and address.
Bruning: Oh. That. My name is Fred Bruning and I work with CenterCal Properties.
Our office address is 7455 Southwest Bridgeport Road in Tigard, Oregon. We also
have offices in EI Segundo and, hopefully, we will soon have an office in Meridian.
Meridian Cify Council
January 8, 2008
Page 49 of 81
What I want to do very quickly is show you some of the projects we have done. We
have not had the chance to meet many of you at this point, I'd like to meet more as we
keep going in fhe future on this project, but just to show you a little bit about what
CenterCal Properties is, our logo there, I'm, basically, the old guy in the bi-plane over
the trees, if you ever had any question about that. We get all of our best leases done
inverted. Just some of fihe projects that we have done recently. I just want to point
them out to you. I don't know if you have had a chance to visit some of them or not.
This happens to be Bridgeport Village in Tualatin, Tigard, and Durham, Oregon. We,
actually, are in three different cities in this project. But it's a lifestyle center. You will
know a lot of -- you'll notice a lot of similarities in terms of the village layout, parking
surround the theater, smaller buildings, not the large anchor department stores that you
would find in a mall or a typical strip center. Maybe we could go to the next slide, Anna.
Niee helping us out with this. This is just an aerial view of Bridgeport showing its
proximity to Interstate 5 on Bridgeport Road. 'Since we developed this -- and when we
started out this was actually known as -- it was the Durham Pit. It was a quarry. Our
working title originally was the Shops at the Pit. Basically, it was in an area that you
wouldn't think of for high scale development. There was industrial next door. There
was an old rundown motel, an old Shilo Inn. Not much out there. The high end retail in
the market was K-Mart and a store called Jiggles. And since we have actually
developed this project -- it was about a 250 million dollar project, the area around us
has just truly blossomed, new office development. There has been several hundred
thousand feet of office, new high end retail to compliment what we have developed.
And we think that you will have the same halo effect acound our project here in
Meridian. Anna, please. This is just one of the views -- and maybe we could just go
through a couple of views real quiak, Anna. This is a view of the interior. One thing
about lifestyle centers is they are all about the facades, the architecture. Typically, one
of our lifestyle centers will have more than 50 exterior materials to choose from. We
have a lot of outdoor spaces and you can actually do anything from enjoy a glass of
wine outdoors by one of the fountains, by fihe fire, watch your children play under the
gazebo. We imported fhat particular one from Italy. Ice skating is one of the features
we are thinking here in Meridian for an outdoor winter activity, complimented by outdoor
fireplaces and al fresco dining under sealed canopies, so you can actually enjoy the
outside, but still be somewhat warm. I#'s all about pedestrian, it's all about a feeling of
warmth and comfort. And if we could go real quickly, Anna, through just a couple of
other projects. This is Cascade Station that we are just opening at the Gateway to
Portland at Portland International Airport. This is more of a large big box center. It was,
actually, that way by design. The interesting thing about this center, which is a lot of
mid size boxes, retail. We also have IKEA, which is a Swedish retailer as part of our
center. Bui since we actually started this center, over a million feet of office and hotel
has developed adjacent to us in an area that the brokers in Portland told us two or three
years ago there would never be a market in that area, just because there was no
demand. But the quality of the center I fhink has provoked the demand. Anna, please.
Again, just a little bit of a facing to the Columbia River you can just see there in the
upper corner. IKEA on the eastern side of the site. Gresham Station is another one
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January 8, 2008
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that we have developed in the Gresham area. We are actually just finishing up our last
phase with theater and a specialty supermarket, residential, as you can see. And,
again, quite a bit of mixed use. You can see this was one of our earlier phasing models,
but it's a light rail, so we actually have two rail stations going through here. We have
won quite a few awards on this one from the ICSC. Nyberg Woods is another project
we just completed in Portland. It's a smaller retail center, about 250,000 feet, on what
had been an old hotel site that was not profitable. We were actually able to turn it
around. One of the things I'm most proud of here is the fact that we took eight acres
that is just shown in green on that site and, actually, restored a wetlands to its pristine
state. It had actually been degraded and now it's fhe home to blue herons and otters
and all manner of wildlife. And just an aerial view of that particular site. This is one that
we are currently working on. It's, actually, almost complete down in Danville, California.
You can see the bi-pJane up there, the architects do know how to get paid. This is a--
again, evoking a lifestyle center. What you can see is the outdoor lawns, fhe grass, the
play areas for the children, working into the water elements, the paseos, smaller
buildings, but still very nice architectural context. This particular site has a Draeger's
Market. We have also put in Anthropology restoration hardware -- a very nice mix of
tenants to compliment this particular area in Danville where fhe average household
income is about 220,000 in a five mile radius, so quality was the watchword for this
project. And, again, all -- this is another project we are doing in Oregon City. You
know, when you show all these sites it's a little bit like you're bragging about your
children. You know, I apologize, I know ifs probably not the most exciting, but it -- we
currently have about one and a half billion dollars worth of projects underway right now.
In Oregon City we are right at the 205 freeway, right adjacent to the Clackamus and the
Willamette Rivers, so our project is called The Rivers. Again, mixed use, residential and
office above retail, entertainment, large open space, which can -- you know, again, just
provide lots of opportunifies for people to recreate and have fun outdoors. Especially in
a market here like Meridian where you have a nice season a lot of the time of the year.
It's great to be outdoors and not feel like you're enclosed. This is another project we are
doing in Utah in the city of Farmington. It's called Station Park. Station Park because
we have a commuter rail station that abuts our property, we are helping develop that.
This is a view, again, of our center court area, again, with residential and office above
retail, facing, again, a theater in the distance. And back to Meridian Town Center and
Andy Wilk will tell you a little bit of the details here, but I thought it might be helpful just a
liftle bit more about CenterCal and a little bit about our history on this project and how
we came to it. The best part of CenterCal is the Cal part. We are very very fortunate to
have a partner, which is I think one of the most reputable funds in fhe world, it's the
California State Teacher's refirement system. We joint venture our projects with
Cal'sters and so -- Cal is CenterCal and with that we are able to withstand a lot of the
vagaries in the economy. We are not as concerned about the ability to get financing,
because our partner is one of the largest financial entities in the world and we self
finance construction, do just about everything internally, until we put a permanent loan
upon completion on the project. Cal'sters, with 435,000 teachers also has one of the
most stellar reputations for being on honorable partner, wanting to build green -- it's just
Meridian City Council
January 8, 2008
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a great partner to have as part of our development effort. When we came to Meridian,
Idaho, it was like coming home. I was actually John Price's vice-president of
development on Boise Towne Center. That goes back a ways. Back when there were
25 sites and 35 developers and everyone had all the anchors tied up, as you recall. But
the market has changed and retail has changed. Since that time retail -- the regional
malls were the heartbeat of the industry in the 1980s and retail has evolved. The
lifestyle centers are sort of the new generation of retail and when they are done well,
they do exceedingly well in terms of sales per square foot and also in terms of customer
affinity. In looking at the site, when we came to Eagle Road and Fairview, I said I have
died and gone to heaven. This is the most beautiful site. This is absolutely wonderful.
I, then, met the Kleiner family and -- and, then, after about two years of discussions,
which I understand was a very quick process -- historically the Kleiners have not been in
perfect agreement as to what to do with this property and so our challenge to start with
was, essentially, to bring a familiar group together and come to a decision to take this
piece of land, which is a lovely piece of land, and bring it to its highest and best use.
We were able to negotiate with the different groups of within the Kleiner family and
come to an agreement that I think triggers some wonderful things, like the park, you
know, the bequest of Eugene Kleiner to not only dedicate, but also outfit the park is a
wonderFul thing and, hopefully, we can help make that happen with our project. I think
in the family mind of David Kleiner and his father Walter, what they have -- we have 51
acres as phase one. ThaYs our CenterCal portion. I think in the Kleiner's viewpoint,
what they'd like to see is our project move forward, really increase the value of
everything fhaYs left, and, then, lead to a higher and better use and thaYs why those
future phases are a bit inchoate at this point, but our goal is to do such a good job that
perhaps we will be the ones doing phase finro, three, and four as well and we have
already told fhe Kleiners we'd like to buy the north parcel and extend our development
on the site because of our demand that we found. But right now we just have the 51
acres. So, we feel we are in a very unique posifion right now. We have come to an
agreement with the family, which is something that has taken -- I have heard it
described the miracle in Meridian. We are also thinking that we can bring a quality of
project to the community that really doesn't exist yet, either in Meridian or your large
suburb to the east, which, you know, I think would be a really wonderful addition to the
overall Treasure Va11ey and it will bring people on a regional basis. To that end we have
to make sure that what we do causes no harm, both in terms of traffic and other things
that, you know, will come with a large project like this. But we have hired a gaggle of
traffic engineers. We have also agreed if it's deemed appropriate by the community,
that we might even firont end all fhe Star improvements all the way from fhe freeway up
passed our site, whiah is a costly venture, because we get no interest on that money
that we front, we just get paid back over a period of time through a portion of the sales
tax, but it's something we felt that we would be willing to do, because it's something that
should be done. But at the end of the day what our goal is is to create a project that will
actually create wealth for the community, not just for developers. With Cal'sters we are
long-term hold, we are not a flip it and we will be gone next week. We are going to build
this and own it for many many decades we hope and so we will commit to quality and
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January 8, 2008
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fhe deliverability of -- with your approval. And with that I'd like to turn it over to Andy
Wilk, who will talk a little bit about the specifics and the -- you know, sort of the
comments we have to the staff comments. I know he's blinking already, so just really
quick.
De Weerd: Yeah. He has one minute.
Wilk: Thank you, Mayor. Hi.
De Weerd: You will have five.
Wilk: Seven.
De Weerd: Five.
Wilk: Okay. Thank you, Mayor. My name is Andrew Wilk and I'm with CenterCal
Properties and same address as Mr. Bruning. And I got to tell you, Fred and I have
worked together for a couple of decades and he's a tough act to follow. So, here comes
the boring part of the presentation. I want to thank fhe Mayor and the Council for
reviewing our project, but I really want to take a moment to thank Anna and her staff
and the staff in general, because, you know, she struggles with it, because it is
complicated and to keep it all straight and I don't know, really, how she does it, because
she's managed to keep all of this in order. The Planning and Zoning Commission as
well really did a great job on this. We worked very closely with ITD, ACHD, all,the other
agencies. Greg Williams, our construction executive, has been working with your
construction department and Public Works and really getting ahead of the curve on this,
so that we can plan appropriately. And we have gotten a tremendous amount of
support firom the community. We are trying to bring something that's unique, something
that's special. And if it's not special, we really don't want to do it. And so the community
embraced that idea and it's really helped us to take this to a higher level and we
continue to improve, we continue to enhance it, we continue to find new and better and
interesting tenants as this evolves. So, actually, I kind of felt empty-handed, because I
didn't have anything for the retiring chief of police. There were a lot of gifts there. But I
do want to -- he laughed, but I do want to congratulate Mr. Siddoway. Steve's been a
really -- he's been a good friend and he's worked wifh us on the park idea and his
inpuf's been really valuable as well, because we feel that the park adds a completely
new dimension to a lifestyle center fihat no other lifestyle center that we are aware of in
this country has and that is a fully deveioped public park and we want to integrate those
two elements and that really takes that pedestrian orientation to a completely different
level. We can see where a family -- mom or dad might drop off the kids for soccer
practice, park the car, and walk right next door, have a cup of coffee, maybe lunch,
catch a movie, who knows. And that really gets people out of their car and thaYs what
we started to realize with these lifestyle centers -- and I have got our traffic engineers
here -- is that there is a unique mechanism going on there. In a lifestyle center, if
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January 8, 2008
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people can do more in one place, they will park their car and it starts to create a net
decrease in the traffic demand. It's very interesting to see that and we have observed it
in realtime exactly in our projects, where we are located, CenterCal Properties -- and
Bridgeport Village is a good example, as Ashley had pointed out, we are also trying to
seek Leed standard and that's the Leadership and Environmental Design that is trying
to look from a socially and morally responsible way, can we develop, can we build, can
we operate in an environmentally conscientious way. And that's something that we are
working on. As a matter of fact, I went.to a conference this morning that ULI had about
green building and it's very interesting just to see how that's no longer just a fresh idea,
it's really become part of how we do projects and we want to introduce that into our
projects. This is a 244 acre piece. We are focused on 51 acres. Now, there are a
couple of items that our -- staff and ourselves have agreed to disagree on a few issues.
We don't necessarily disagree on principle, as much as we disagree on mechanics. We
are looking to initially purchase -- see if I can get this right. This 51 acres here, we do
have an agreement with fhe Kleiners to expand our project, but the exact timing of that -
- I don't know if this is actually working. There we go. Well, anyway. I'm not so good at
-- there we go. Oh. Thank you. So, we don't know the exact timing on our ability to get
this northerly piece, which is about 30 -- almost 37 acres. So, with that being said, we
certainly agree to do the improvements,. the frontage improvements. Right now we are
talking about front improvements that run from Hickory passed Venture, which is along
Fairview. We are talking about frontage improvements that abut our property, as well
as Records Road, and, then, we will have a major -- it may not be a public street, it may
be a private drive, but a major connector through here, and we have no problem doing
that and the total of that amounts to somewhere between five and seven million dollars
worth of improvements. The problem is is that it starts to reach well beyond our
borders, because we may not control this property now or at sometime in fhe future.
And so what we differ with staff that we see the value of building that, we believe that
those improvements -- and we have discussed this both with ITD and ACHD, that there
may be phased-in improvements as the ofher properties develop. And there is nothing
wrong with putting those conditions on other properties in the fiuture, but as they
develop those roads will continue to connect. So, that is one comment within the staff
report and the Planning and Zoning Commission's findings that we'd like to simply say,
yes, we do agree with making those improvements, but we want to make improvements
that abut our property. The second issue is having to do with the variance request. We
understand staff's position on that. We are asking for -- we are asking for -- that's
actually -- that access point is already a given. An access point here, right-in, right-out;
right-in, right-out, left-in; right-in, right-out -- and the reason we are asking for those is
we knew from experience that we will not be able to attract the quality of tenants that we
want to have for a lifestyle center without having the appropriate access. These tenants
are not interested in going to someplace that cannot be easily, conveniently, and safely
accessed by their customers. So, we are asking the City Council to grant the variance.
We are continuing to work with ITD and ACHD on fhe mitigations, on the safety issues,
on fhe review of our traffic impact study, but fhe person that doesn't want to have a site
that doesn't work is the developer, because we can't do the penance if we don't have a
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January 8, 2008
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site that won't work and they are going to scrutinize exactly how we do fhis. So, we
would ask that we have the variance granted by Council to do that. And, then, the last
piece -- and this really just, again, a mechanical issue, is Council has suggested that we
have and would like to make it a condition that we have cross-access agreements. We
have no problem having cross-access agreements within our boundaries between
tenants and that can be accomplished in a number of ways, but we don't know what's
going to go here or over here and because of that we are not sure that that's in our best
interest. Cross-access is good. When Records Road is built, River Valley, and even,
perhaps, the extension all the way to Allys Way up to Ustick, those will, obviously, be
benefits to traffic flow. But for now we have to focus on what will work safely wifhin our
boundaries. So, those are the issues. I apologize for it being boring and not nearly as
colorful as talking about our other projects, but that's what we'd like to do and we
appreciate your support and we hope that we can move forward. It's very important as
we continue to negotiate with tenants, key tenants, and to compete with other sites to
get those tenants, that we don't lose our momentum. So, that's why we are asking you
this evening to grant the variance and allow us to keep that momentum going forward,
so that we can complete this project and get started this spring. Thank you.
De Weerd: Thank you, Andy. Andy --
Wilk: Oh, question? I'm sorry.
De Weerd: Council, any questions for --
Bird: Yeah. Madam Mayor, I do. Andy, run over fhose exits and entrances again.
Wilk: Sure. Other way. There we go. I'm not very good with the technology. This is
East River Valley at Eagle Road. That's actually --
Bird: That's at the half mile.
Wilk: -- designated already. Right here is a right-in, right-out and we have actually
matched the right side and a Ieft side, so that there is some continuity. Even though
you can actually cross over, there will be a median that goes fihrough here to prevent
that and if I can say this at the Mayor's behest, she has really encouraged us and we
agree to try to make fhat median special and not just a piece of concrete in the middle
of the street. So, we are committed to do that along our frontage. The other point is
right here. This is, actually, right-in, right-out with a left-in, signalized, and this is a right-
in, right-out, again, opposing.
Bird: That second one's about a quarter mile from that.
Wilk; This one or --
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January 8, 2008
Page 55 of 81
Bird: No. That one there. .
Wilk: This one right here? That's roughly at the quarter mile. And it's not, actually, a
full access, Councilman Bird, it is a right-in, right-out, left-in.
Bird: Left-in.
Wilk: But you couldn't make a left turn from here to Eagle Road southbound and you
couldn't --
B'ird: But you cross and coming across. Going south you can come in.
Wilk: Going south you can come in. Going north you can come in. But you couldn't
make a left turn from here going south and you couldn't make a left turn from here going
north. So, fhat would be prohibited. It's just a right-in, right-out, left-in only.
Bird: Basically, for your exisfiing property that you control right now, just those first two
entries or fhe --
Wilk: This is really key right here.
Bird: Yeah.
Wilk: Especially because we really can't determine the future of this. When that signal
goes in that's great, but in order for our site to function properly, that one becomes key.
At least in today's context. When this is all fully built out, it's all going to work very well
together and flow. And I will tell you that we have done the traffic engineering analysis
looking at fhe entire site. We are not just looking at ourselves.
Bird: Thank you.
Wilk: You're welcome.
De Weerd: Any other questions from Council at this point?
Zaremba: Madam Mayor?
De Weerd: Yes.
Zaremba: Several of the examples that were given, which appeared to be doing quite
successfully, actually have at least one border that was a freeway with no access af all.`
We are having so much difficulty with the traffic on Eagle Road that putting more access
is a difficult fhing to think about. You have projects that have sides with no access, but
fhey seem to be successful. Why is it a problem here?
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January S, 2008
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Wilk: If I might -- Anna, can you bring up the very first slide, Bridgeport Village, because
that's probably the closest in size and in character. It's the very first slide in the show.
Well, I guess it would be the second after the title slide. Sorry about that. This is
Bridgeport Village. I#'s, actually, smaller. This is a little over 30 acres. And what we
have here is I-5. We, actually, don't border I-5, this is the off ramp from I-5 and I-5 is
right here. This is 72nd Avenue. What we actuaily did here -- we did about seven
million dollars of roadway improvements. Actually, it was more than that, because we
went to the other side of the freeway. So, it was quite a bit more. But we moved this
intersection. 72nd Street, from here roughly 250 to 300 feet over here and we created
three access points. These are all three signalized access points. And fhe reason why
is in order to serve a site of this size, we knew that that would be the only way to make it
work and, in fact, what we discovered -- we had done subsequent traffic analysis of this
site and our traffic engineer Kittleson said, you know, we want to see what is the
distribution among these fihree driveways, because intuitively you would think this one
would probably be ihe heaviest, this one would be maybe a little lighter, and this one
would be the lightest, just understanding the character of the site. What they
discovered is ifs 33 percent, 33 percent, 33 percent, because their engineering was
designed in such a way to distribute the traffic flow. So, if we -- I know it's kind of hard
to go back to that ofher site plan, but imagine, if you will, we have accesses -- and it's
just about -- these are some of the renderings. We didn't get to show those, but -- we
are going to attach these as exhibits to the development agreement at staff's
suggestion. Go back one more if you would, please, Anna. If you look here, we are
basically doing fhe same fhing. Access. Access. These are right-in, right-out on this
side. And, then, we have some additional subsequent access, we kind of call the relief
valve out the Records Road exit. And this is a full -- existing full service intersection.
So, what we are trying to use is that same model that we know works and if we were to
do less, it's possible that it would work, but we have proven fhat it works with what we
have done. So, that's why we are trying to stick with that model.
Bruning: And if I might add as well, Council, just because I--
De Weerd: If you will just restate your name, please.
Bruning: Oh, I'm sor,ry. Fred Bruning again. I'm sorry. I'm surprised I sfill remembered
at this hour, Councilor, but, essentially, one of the problems with a lifestyle center is also
it's more of a village and what we found what works well for a big box center with maybe
an IKEA, which is, really, a destination, is you can -- you can get away with a little bit
more of it for the villages -- when you're dealing with tenants like the Craig Barrells of
fihe world, what they want to say is, well, how is my customer going to get into me
conveniently and if they have to go way up here and come back way down there, they
just -- fhey don't do it. And what you wind up is having something that really fits more of
a big box fhan a small format. One fhing also is ~that our traffic studies have shown us
that by having only right-in, right-out and all of the decel lanes coming off the major
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January 8, 2008
Page 57 of 81
streets, you, actually, improve the flow of traffic on fhe major street by not having large
cues that are really building up at the -- at the crunch point, so to speak, and just
having, you know, people make their own choices and going to the specific part of the
center that they want to get to. We think our traffic analysis will bring that out. But it's
really more of the nature of the fact that this is more of a villagy-type center than a big
box center that mandates that we have the additional access points, I think. And our
tenants are the ones who tell us that. It's not necessarily our opinion only. Thank you.
Wilk: And, I'm sorry, one other last piece of informafiion and I probably wasn't clear on
fhis -- this particular access point, my traffic engineer John Ringert at Kittleson pointed
o:ut, this access point is, actually, part of the Eagle Road improvement plan. We are
using that as our guide from ITD. So, that one is, actually, part of the Eagle Road
improvement plan.
De Weerd: Additional questions?
Borton: Madam Mayor'?
De Weerd: Mr. Borton.
Borton: Andy, on this quarter mile right-in, right-out, left-in, I understand the concerns
and pros and cons and especially the pros with regards to that access, but -- and it's not
the right-in and right-out that gives me some hesitation, it's that left-in and the cueing
that's going to happen at that. I don't know -- and maybe your traffic engineer has the
specifics on it, what the -- the distance of that left-in cue -- how many cars can stack. I
don't know if -- maybe he has comments on that. It just seems to be a huge cause for
concern that it will get used as much as you say, maybe it's a third of the accesses and
you're going to have --
Wilk: Councilman Borton, it is a cause of concern and, actually, if I might invite John
Ringert from Kittleson, we have been studying this extensively and I'd like him to just
describe how it works, because it's actually a-- iYs kind of remarkable, because I had
the exact same concern about the cueing, not just the cueing there, but the cueing at
Eagle and Fairview as well. So, he can explain it better.
Borton: Okay. Thanks.
Ringert: I'm John Ringert. Traffic Engineer with Kittleson and Associates. 101 South
Capital Boulevard, Boise, Idaho. 83702. As Andy mentioned, when we started out the
project we looked at what was part of the Eagle Road corridor plan, which did have a
signal at River Valley and had a right-in, right-out, left-in here and the reason that had a
right-in, right-out, left-in, is to put it in perspective, this is a lot of development. These
are big parcels. This is -- that's a half mile in between there. So, instead of having a
half mile of a lot of streets -- residential streets and stuff, we really have -- we really
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January 8, 2008
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have some pretty large parcels on both sides. So, looking at that, a big focus is how is
this -- you know, how is this going to operate. One option is you don't have it and we
put all the firaffic up at River Valley. Well, if you fhink about a big intersection, you put
all the firaffic into left-turns and side street and main street left turns, every car you put
onto those left turn lanes takes away green time from the through traffic. So, that's why
you actually -- access is good to some extent. Now, you don't want accesses to the
point you're causing a lot of traffic conflicts and that's where you see the degradation of
the road. So, with fhis, there has been a lot of focus really put into the -- how this would
operate and that has, actually, led to looking at, as Andy said, a signalization
alternative. The good thing about a signal is we can control it. We can actually -- this
signal wouldn't take nearly as much -- it would have very little green time if it doesn't
have the lefts out and it doesn't have long pedestrian crossings. So, this could be green
for almost -- for all fhe fime you got north-south green and for the -- most of the side
street greens. So, what you could do is you could control the through, so everybody got
through, and you could control that cue. In any case, the left turn, it does work at -- at
the quarter mile, but there is a lot of different access scenarios and we are working with
ITD to determine what's the best one. So, we are looking at -- you know, looking at
what happens with and without these right-in, right-outs, the best way to operate the
left-in. We have found that it -- you do take a lot of time off Eagle Road if we tried to run
all the lefts for that whole -- for this whole area, as well as you remember we are also
catching a lot of the development to the north that will dump into this intersection once
we get River Valley connected down to Allys. So, does that kind of explain it? I could
give specific numbers, but we are dealing with so many different scenarios working on
how we want the access to work with ITD, that I'd hate to quote any number and we find
out it's -- there is a-- we are actually going to do something different.
De Weerd: I guess while you're up there I guess before the application was filed and
just talking conceptually in this area, the thought was to use Star legislation also on the
local road and extend River -- to improve River Valley, as well as Records Way and how
can that work without that full access intersection at River Valley with a project this size,
witli just the right-in, right-out, left-in?
Ringert: Well, with this project -- I guess when you look at the whole project together,
there is really some real critical components. First of all, we have to have River Valley.
Records Road becomes really critical, not just for this project, for everything along here.
Records to Ustick. This is a real critical connection. The issue has been -- there is
about a quarter mile segment that ACHD doesn't have right of way and they really don't
have a reason to go get it and so that's the last connection to be made. So, with this --
this isn't going to come for awhile, but it will come and, obviously, if it could through
Stars to make the rest of this connection, that would be great. The connections here --
we will be looking at the phasing. You know, it really matters on what fihe -- how much
you develop over time. Even this part -- even this isn't going to be developed over
night. So, as this happens there is going to be thresholds where we need certain
improvements down here and that's really -- we are working out the details on that,
Meridian Ciry Council
January 8, 2008
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because fhere is a lot of fluid things happening, not just with site, but what do you
assume is going on on the rest of fhe site. So, right now we are focused on the
package of improvements and, then, what we have done is yesterday at a meeting with
ACHD and ITD we are starting to look at, okay, now how do you want us to look at the
phasing of this? To be able to nail that down and I think that's what Andy Wilk was
talking about, just -- there needs to be some flexibility in the phasing, because there is a
lot of fluid things going on with some of these develop -- these parcels and how they are
going to access and stuff. So, what gets built when we are still figuring out. But, you're
right, at some point you've got to have access up there. Whether that's initially a-- you
know, a drive-thru, another development, or it's right -- you know, obviously, the best
way is just get Records Road to River Valley completed.
De Weerd: Anything else at this point, Council?
Bird: I have none.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: You have been meeting with ACHD and ITD. Just a sense from you -- I
know you can't give me a yes or a no, but is ITD inclined to allow the points of accesses
that you're talking about or are those already accesses that are by title or previous
treatment or right of way negotiafions from years ago? What's the status?
Ringert: Okay. Madam Mayor, Councilman Rountree, as we talked about the -- the
River Valley, this was actually going to be designed and constructed by ITD, got
partially -- you know, it got through the about 30 percent planned stage and ITD had
some, you know, budget shortfails. This right-in, right-out, left-in, was part of the Eagle
Road construction -- the Eagle Road improvement project that would have been
constructed with that. You know, mainly, again, to make sure there was -- you know,
there was service for fhe sites. In a-- kind of overlaying what you would say a long
term access on -- fhere are a number of deeds that were -- at my understanding along
both sides of the road. I think there might be four on each side. You know, I know you -
- you have a long history with -- with ITD and, you know, this have -- you know, the goal
in the end is to come up with a good access scheme. So, it's likely that the specific
points of access wouldn't be the ultimate. We really haven't worried too much about
where fhose are located, because a lot of times fhose end up in locations that don't
work for today's roadway system. But there are -- there are a number of accesses
along there, but that hasn't -- that hasn't been a major part of discussion with ITD. I
think ITD is generally -- generally on board wifih the general access concept. You know,
I think they are looking real critically at these right-in, right-outs. One of their questions
was is -- you know, when it all comes down to how everything fits together, you know,
does one end up changing. But, you know, thaf's -- that's our job is the traffic engineers
Meridian City Council
January 8, 2008
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and working with fhem to figure out -- you know, making sure everything does operate
well. Generally, the right-in, right-outs don't present a lot of complexities on the traffic, if
we have decel lanes and stuff. You know, it's when we -- it's the left turns we put most
of our focus on to make sure fhey can work..
Rountree: Thank you.
De Weerd: Okay. Thank you.
Ringert: Anything else? Thank you.
De Weerd: Okay. This is a Public Hearing. Is there anyone who would like to provide
testimony on this application?
Richardson: Thank you, Madam Mayor, Members of the Council. For the record,
Christie Richardson, program administrator, for the Ada County Highway District, 3775
Adams Street in Garden City.
De Weerd: Thank you.
Richardson: I have provided the applicant and your staff and yourselves a letter this
evening. It's very similar to a letter that we sent to the Planning and Zoning -- prior to
the Planning and Commission hearing. I do feel that it's important to read most of these
points into the record just for consideration and discussion, so I apologize for doing that,
but, again, this is very important to both ACHD and ITD. So, just to clarify, the district
has not yet received fihe required traffic impact study for this development. Yes, we
have been in -- in contact with fhe applicant and the city and ITD and ACHD staff have
been meeting but we haven't actually received the traffic impact study. Therefore, our
comments at this time are very preliminary and based only on the conceptual site plan.
And just for the record, additional comments and recommendations will be submitted
once the district has received the traffic impact study and more detailed drawings. Of
course, it's important to note that the State Highway 55 - Fairview Avenue intersection is
the busiest intersection in the state of Idaho, which is why we have significant concerns.
Just as a reminder, ACHD and the City of Meridian recently approved Pinebridge
Subdivision, so we also need to take into account the signifiicant amount of traffic that
will be generated by fihat development, not yet seen on the roads, of course. The
district does recognize that the existing and projected level of service of the Eagle -
Fairview intersection exceeds an acceptable planning level capacity. This intersection
was previously identified in the '90s as a future urban interchange. And the last update
to a long range transportation plan prepared by Compass, this urban interchange
improvement was removed from the plan. Basically, the reason for that was two of the
four corners had already developed and that opportunity had been lost. Eagle Road is
a state highway and Idaho Transportation Department has limited plans for
improvements to the corridor. There are no planned capacity improvements. The
Meridian City Council
January 8, 2008
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applicant is pursuing options to utilize the Stars funding mechanism to add an additional
through lane in each direction of travel on Eagle Road from River Valley to Interstate 84.
The district is supportive of this effort as the transportation impacts of this development
are significant to the regional transportation system. In addition, the district would
encourage the applicant to review intersection design alternatives with ACHD, ITD and
Compass, concurrent with the high volume intersection study being conducted by ITD.
And this is one area just within the last two weeks, I believe, fhat we received some
draft drawings and recommendations for all -- for the entire county and I would certainly
hope that we could have more discussion between ITD, ACHD, Meridian staff, and the
applicant, to take a further look at some of those recommendations. If the study
recommends alternatives to the traditional intersection at Eagle Road and Fairview,
which it -- preliminarily it is, the district recommends that the applicant pursue funding of
the improvement in conjunction with the other proposed Stars road improvements. So,
our specific comments and details about the specific corridors related to this project.
So, on the east -- east of State Highway 55, along Fairview Avenue, the applicant has
proposed three driveways to Fairview between Eagle and Records. And as a reminder,
Records is signalized. The applicant has ~proposed extending Records through the site
as a collector roadway. Again, the discussion focused somewhat on how far and how
much do they build. They are proposing -- again, total site plan -- proposing one
driveway on Fairview between Records and Venture. And at this time staff cannot
evaluate fhe number and locafion of access points on Fairview Avenue until a traffic
impact study has been reviewed. It's anticipated that any new driveways on Fairview
would all be restricted to right-in, right-out, with signalized access and full access only at
Records. The extension of River Valley is supported by ACHD. It was identified
previously as a future collector road and there are some alignment issues, which can be
addressed and not anticipated to be a problem. ACHD does support general
connectivity, both public and private, throughout the entire project. With regards to
Records, ACHD has worked very hard over the last couple of years to get in place a
collector network in this general area between Fairview and Ustick and even north of
Ustick. And part of that was acquiring property just off of Ustick so we could get Allys
Way started to connect to Records. We realize that the applicant doesn't control all of
the property, but the connection is critical to this general area. Regarding the west
parcel, again, accesses to Fairview need to be evaluated upon completion or ACHD
review of the traffic study and, then, access to Eagle Road, we do have many concerns
about this and while the applicant states that the right-in, right-out, left-in access is a
part of the Eagle Road plan, I don't believe the Eagle Road plan suggested signalization
at that location and that does pose a lot of concern for the highway district and ITD and,
again, until we have the opportunity to review how that might work, we are suggesting
that no approval of that occur. Additionally, district staff is not supportive of any of the
proposed one-eighth right-in, right-out driveways on Sta#e Highway 55. The district
recognizes that that ultimate decision on Eagle Road will be made by the city and ITD.
However, again, as I mentioned, the district pursued the designafion and beginning
construction for River Valley and Allys Way and Records Avenue and paid for portions
of those roadways in order to provide alternatives to the state system. If access points
Mecidian City Council
January 8, 2008
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are granted now, then, ACHD's attempt to truly plan and construct a collector roadway
system for an area such as this seems to be degraded. So, tonight we respectFully
request the following: First and foremost, that this applicant be confinued until such a
time that a traffic impact study has been submitted to ACHD and ITD and the
appropriate review and comment time be allotted. Without that criticai information, both
agencies cannot accurately determine the improvements necessary to mitigate the
impacts of the development to this area, which may include some off-site conditions.
Again, we don't know that yet. If this application is not continued and is approved
tonight, then, we would request that the city include conditions in the development
agreement relative to the applicant being required to comply with ACHD and ITD
conditions prior to receiving approval for building permits and occupancy. The problem
we are facing right now is that because there aren't any plats associated with -- with this
entire site, with the one time divisions that we understand are occurring and the existing
parcel lines, there are some building permits that could be issued for some large
buildings fihat would have significant impacts on their own, because ACHD doesn't have
statutory authority for those certificate of zoning compliance and conditional use
applications. We would request that the city include our conditions that we don't know
yet what those are, as part of the development agreement. Otherwise, it's very possible
that roadway improvements would not be constructed as necessary. If this application
again is not continued and approved tonight, then, the city should clarify that the
applicant is responsibie for fhe improvement of the roadways and intersections
regardless of any approval of Star funding. If that funding source is not available, the
improvements are still necessary and should be constructed and paid for by the
developer. ACHD and ITD have no improvements planned or funded for this area.
And, finally, if this application is not continued and is approved tonight, then, we request
fihat the city not approve any defails related to access onto either the state system or the
ACHD system. The proposed access locations should be approved by both ACHD and
ITD and cannot be evaluated fully until a traffic impact study has been completed.
Again, once we receive a traffic impact study and a more detailed development
proposal we will be able to provide you with specific comments and recommendations
at that fime. Thank you.
De Weerd: Question from Council?
Rountree: Madam Mayor'?
De Weerd: Yes, Mr. Rountree.
Rountree: Christie, in your comments, as well your request and your recommendations,
you indicate our state friends. Have you counseled with them and is this their position
or is this just the position that ACHD thought they ought to take?
Richardson: Madam Mayor, Councilman Rountree, they have been a part of the
discussions. We haven't specifically sat down and said where do you stand. But, of
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January 8, 2008
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course, the decisions made on the IDT roads affect what occurs on the ACHD
roadways. So, this is only our position and not meant to represent their own.
Rountree: Thank you.
De Weerd: Okay. Anything further from Council? Thank you. There was someone in
the back, I believe, that wanted --
Ryberg: Good evening, Madam Mayor, City Council. My name is Jim Ryberg. I live at
4075 East Meadow Wood Drive, which is approximately -- hello. Wrong way. Right
there. I would first like to go on record to say I'm very for this project. I have been very
impressed. I have talked to Mr. Wilk an awful lot. He's been very very forthright, I
believe -- in wanting to do somefhing with -- to communicate with the neighbors. I'm a
long time resident of Meridian. I, actually, went to Meridian High School and graduated
when it was the only high school in town. Used to drive to school when that was a four
way stop. And I'm not even #hat old. And so other than a few years of living in the
bedroom community to the east, I am proud to live in Meridian and love what they are
doing here. I guess my -- my only concern and I believe that Anna addressed it a little
bit, is wifih this DA-1 that's going in here wifh the park. I'm glad that Mr. Siddoway is
here. I'd like to see what that park's going to be like this week. But my -- our concern
as a neighborhood and Anna addressed it a little bit is on this stub streets that come in
through here -- and, then, I don't know if maybe you can put on that original site plan --
is fhat possible? She -- she talked about the stub streets and I believe that was
probably referring to my subdivision and, obviously, we are talking tonight about north-
south traffic and all that kind of stuff. My concern is with the park, if there is any cross-
access fhrough that park into my subdivision, we suddenly become an east-west lateral
to Gloverdale on streets that are relatively unimproved. Basically, if you get any --
there we go. That will work. Basically, you're looking at an undeveloped subdivision
right fhere. You have got a-- you have got two cities you're going through. We have
not been annexed. I would actually request that you do annex us into Meridian, rather
than to Boise. However, with this park here, if there is any cross-access, we are going -
- down here and into Cloverdale. And so it doesn't seem logical to do that. However,
no offense, that is something to me that should be planned and thought out here at this
particular fime or planning with the parks. Like I said, I mean there is nothing better for
me to have a 60 acre park wrapping around my property. I have currently got a 200
plus acre park of sod and I wasn't naive enough when I bought this property ten years
,ago to know that this probably was going to be developed at some point and, like I said,
'I'm very very happy to see what they are doing and, you know, they have got a cool
lifestyle center going on. I think I have got a pretty good lifestyle center going on right
there. And so that's basically, you know, my concern and sort of my neighbors. Thank
you.
De Weerd: Thank you.
Meridian Ciry Council
January 8, 2008
Page 64 of 81
Stanfield: Madam Mayor, Members of the Council, Scott Stanfield, Mason Stanfield
Engineering, 314 Bafiiola in Caldwell, Idaho, representing Bach Builders. They are fhe
land owner that is due north along the parcel that is on the east side of Eagle Road and
the westerly half, easterly parcel. Right up here. Right here. We have attended the
Planning and Zoning meetings. We have met with staff a few times. We have met with
ACHD.
De Weerd: I'm sorry, your time is up.
Stanfield: With that said I'll stand for questions. And I believe you have a letter in your
packet from Bach Builders. We support the project. Don't get us wrong. Our only
concern is access. River Valley Road is along their north boundary, our south
boundary. Due to fihe alignment of the existing intersection, River Valley Road needs to
be shoved to the south, south of our boundary. So, we do not have the ability on our
property to build our half like you traditionally see in most parcels. So, we are stuck.
River Valley Road, as we come in wifh an application, which we hope to be real soon, is
our only legal source of access, because of the ordinance you have against Eagle
Road. With that said, this is an annexation and as such we believe you have the right to
condition it, regardless of whether they are doing phase one now or all of it now, they
are coming in with an annexation for the whole thing. So, we would like a condition that
requires, sooner than later, and we'll let your staff hammer out when with the applicant,
but sooner than later, require them to dedicate the right of way for that portion of River
Valley Road and that no spite strips be created, because I understand that alignment is
not fully set yet and if it is pushed too far to the south, then, we need some north-south
easements. So, we ask for perhaps the right of way now, with the condition that no
spite strips be created. We are not asking for the improvements to be made, that would
be out of pocket expense that they would not benefit from with their phase one and we
would certainly build our half, plus ACHD's typical 12 foot lane for the other half. We
would do that as soon as we come in and started developing our site. Again, not asking
for them to spend dollars on construction, but to donate to right of way, as they would
be required as they develop anyway. It's nothing that they would not be expected to
give sometime later. I agree with the neighbors. I have some history on this piece, too.
About 30 years ago my classmate lived at that old dairy right there and this is certainly
progress. We would all fan our noses at the dairy as we'd come by finrice a day and
looking back -- and this is a nice project. Our only concern is just the access point. We
have to protect our interests and, quite honestly, we are just stuck. So, with fhat I think
I'd stand for any questions.
De Weerd: Thank you.
Stanfield: Thank you, Mayor.
De Weerd: Steve?
Meridian City Council
January 8, 2008
Page 65 of 81
Siddoway: Madam Mayor, Members of the Council, Steve Siddoway, 269 East Cassidy
Drive in Meridian. Two comments from a park's perspective. One regarding the park
itself, one regarding the pathway. Regarding the park, the concept planning is
underway and we would expect to be bringing a concept plan to you in coming months.
Currently in what I'd call more of a detailed bubble diagram stage and still very much
under development, but I can say that none of the concepts that are being considered
include a through connection from those existing neighbor stub streets through the park.
I have reviewed the proposed development agreement conditions and they state that
those stubs will either need to be cul-de-sac'd or provide the right of way to complete
the north-south street that would -- that would complete the connection between the
two. But there is no intent at this time to carry fhose roads through. The second point
regarding the pathway currenfly planned here, fhe boundary, I have no problem wifh a
shift in that to align with fheir proposed road, with the condition that fhey not start and
stop independently -- in isolation of the project. They do need to get to the points where
they would connect through to fhe rest of the system. But within that project shifting it to
be in alignment with their road is not a concern.
De Weerd: So, that would be working with the parks department to find the appropriate
alignment?
Siddoway: Yes. That would be fine. And I'll stand for any questions.
De Weerd: Council, any questions for Steve?
Siddoway: Thank you.
De Weerd: Okay. Thanks, Steve.
Butler: Good evening, Council -- Mayor and Council. This was a funny thing to be here.
It's good to see everybody. Joann Butler, 251 East Front Street and I'm represenfing
Developers Diversified, who is the owner of fhis center immediately to the soufih of the
project. So, a long standing Meridian citizen. And if this project goes forward, we
welcome CenterCal to the busiest intersection of -- in the state and that's what we do
know today. It is the busiest intersection in the state. And Planning and Zoning
Commission voiced concerns about circulation, especially in connection with Fairview
and, of course, that is our client's concern, too. The traffic in the -- the traffic in the area
and how it is going to be accommodated for the existing -- for CenterCal and the
exisfing commercial developments. What we also know is CenterCal appears to be a
very responsible party regarding traffic analyses and is working with ITD and ACHD, but
we also know that traffic study isn't complete as yet. So, with that, one of the things that
when we looked at this and understanding what is before fhe Council with the
annexation and fhe rezone, it made us question whether or not the Council could make
its findings that you have to make for your rezoning and if the city cannot make the
finding that the rezoning will not result in an adverse impact on the delivery of services
Meridian City Council
January 8, 2008 ~
Page 66 of 81
by other political subdivision -- in this case ITD and ACHD, fhen, it would seem that the
rezone itself is premature. And that is your criteria. However, it might be that what the
city is looking at is to enable you to make that finding is having a development
agreement and the development agreement with conditions of approval are conditions
that require and as your code requires that development agreement can be done within
one year's time. If the city is saying that fhere won't be development until the road plans
have been approved that accommodate the intersection designs and accommodate
CenterCal and other travelers through that area, well, then, maybe action tonight is
appropriate wifh fhat development agreement. So, that's our client's concern. Really,
what we are asking for is kind of to be involved through the city being made aware of
meetings and hearings that are coming up with regard to traffic. We'd ask CenterCal
through the city to also -- and I spoke with CenterCal a little bit before the hearing, to be
at a seat with their table. We have traffic engineers of our own and would be glad to
share our information with them and work collaboratively to see if we can come to -- I
know they are working very hard and have excellent engineers on this and I know we
do, too. And that collaborative exercise could probably get the most information out
there for a collective, not only working with the agencies, but working with the
commercial neighbors in the area, too. So, I think thaf's what I'm asking, that CenterCal
work closely with its other commercial neighbors to come up with -- and the agencies to
come up with a solution for the intersection and the road design and have that as a
condition or a portion of the development agreement that development not go forward
until that happens.
De Weerd: Thank you.
Rountree: Madam Mayor?
De Weerd: Yes.
Rountree: Just so I'm clear on the offer that was made, was the offer to assist or
provide traffic engineering information and to sit down and craft a solution?
Butler: The offer was to have our traffic engineers, who understand their circulation
patterns and how Fairview functions today, and how Eagle Road in that area functions
today, to review, comment on, provide any information that they can to assist CenterCal
in its traffic engineering.
Rountree: And are those folks that you're representing willing to move toward
implementation if some of the issues are related to fhe traffic they generate?
Butler: We didn't discuss that. I think -- I would imagine -- we did not discuss that. We
just -- as I came here tonight they said, you know, we have traffic engineers, would love
to, you know, sit down with everybody and go over that. I'm going to make an
assumption, may not be correct, but I'm going to make the assumption that --
Meridian City Council
January 8, 2008
Page 67 of 81
Rountree: Better be careful.
Butler: That -=
De Weerd: She's an attorney.
Butler: As approved that the -- that when approved fhat that particular center met all the
requirements of ACHD, ITD, and the city. Things may have changed because of other
developments in the area, but I'm assuming that they did meet all the requirements at
the time.
Rountree: Thank you.
De Weerd: Okay. Additional comment? Mike?
Ballantyne: Good morning.
Rountree: Not quite.
Ballantyne: Not quite. 10:30.
De Weerd: You have three minutes.
Ballantyne: Michael Ballantyne. 250 Soufh 5th, Boise, Idaho. Just a couple items.
You should have received in your packet a request from the Kleiner family. I'm here
speaking on behalf of the Kleiner family. You should have received a real simple
request for clarification and both Anna and Steve Siddoway discussed that. One was
just that -- the property's currently agricultural. As is well known, this is a very reluctant
seller and they want to continue to farm the property, receive their agricultural
exempfion, and there was some question as to whether the ordinance and -- would
allow a continued use of the property for agricultural purposes for -- under the urban
farm provision. So, they wanted specific language in there that said, yes, it is an urban
farm. The other is the pathway requirement and Mr. Siddoway referenced that, asking
that we have two pathways, rather than three, because of additional pathway that
Sonya picked up out of the pathways plan and there is some specific language that we
ask that that be incorporated into the agreement as well. That's it.
De Weerd: Thank you. Any questions for Mr. Ballantyne?
Bird: I have none.
De Weerd: Okay. Thanks, Mike. Okay. Any additional testimony? Would the
applicant like to have the last word?
Meridian City Council
January 8, 2008
Page 68 of 81
Canning: Madam Mayor, before the applicant comes back up, in considering Mrs.
Bufler's comments, you know, we are used to having AGHD's conditions of approval
attached to most of our applications and we are probably lacking something in the
development agreement agreements that ties building permit -- release of a building
permit to some sort of ACHD approval. We do on the east side of Eagle befinreen
Records and River Valley required a plat prior to fhe fifth building permit, but that's the
only guaranteed time that ACHD would have review, other than a certificate of zoning
compliance, which may be too late, so that may need to be added to the DA.
Wilk: So, I get 45 minutes, is that right? Okay.
Bird: Four or five minutes. ,
Wilk: Four or five minutes. Three or four minutes. I will be brief. Actually, in
summation, I think the comments are great. We really like getting that input from our
neighbors, from our colleagues. What I would ask is I would urge Council to -- to
approve the variance and the zoning and the annexation. In the case of the zoning and
annexafiion, there aren't as many issues to address, obviously, because I think we seem
to be focused on fihe transportation issues and rightly so. So, I would urge City Council
to approve the variance -- this allows us the flexibility to continue to work with ITD and
ACHD to find the right solution and so if you would be so kind as to do that and we can
keep our momentum, we can keep pursuing these quality tenants and the quality project
fhat we ultimately want to produce. So, I thank you for your time. I apologize for the
late evening. And if you have any further questions we will be happy to answer fhem.
Thank you.
De Weerd: Thank you. Council, do you have questions?
Bird: I have none.
Rounfiree: I have none.
Zaremba: I don't have questions, but I do have some discussion. Are we ready for
opinions?
De Weerd: Discussion. Uh-huh.
Zaremba: Okay. One, we have been hearing that this was coming for so long and I'm
thrilled to see it coming and I think in overall concept it can be an excellent addition to
Meridian and a good place for it. As always, the devil is in the details. I do agree that
when they asked to annex 285 -- 258 acres as opposed to only annexing the 51 that
they want to develop first, we do have the right to discuss the perimeter and to make
requirements that the roads be completed or at least the -- if not fhe road actually
Mecidian City Council
January 8, 2008
Page 69 of 81
paved, that the easements be established and given to ACHD. On the subject of ACHD
and this is from having been in on the Planning and Zoning Commission for so long,
while I was there we generally would not pass anything forward to the City Council
without seeing ACHD's -- not only report, but approval of their Commission and, one,
I'm surprised fihat our Commission -- that our Planning and Zoning Commission
forwarded it without seeing fhat. My feeling is I would not be able to find for this
variance without seeing both ACHD's and, separately, ITD's analysis of the traffic study.
So, while I think this is -- this is -- has a future as being an excellent project -- and I'm
glad that it is moving along at some point, my instinct is that we need to continue this
until we have heard from the agencies. I mean we ask for ACHD's help all the time and
this time they have asked us for our help and I think they deserve it.
De Weerd: Thank you. Additional comment?
Rounfree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I don't disagree with what Councilman Zaremba has said. I fhink that there
might be anofher way to look at it in terms of what we have before us this evening. We
have two items, one's the annexation and zoning, and I think most of the issues that
have been raised tonight we can -- we can be quite specific in a development
agreement with those. With respect to fhe traffic issues -- and the last comment I heard
from fihe applicant about, well, they need the variance in order to talk to ITD and ACHD.
Quite frankly, I don't know that a variance -- or the City of Meridian's position has really
made a heck of a lot of difference to ITD. Typically we deal with the variances with our
ordinances that relates to state highways after the Idaho Transportation Department has
given the access to the applicant. So, if they are using that as an excuse, that's a poor
excuse. I guess my position is I could see we may be able to fashion the agreement of
the annexation and zoning and development agreement language tonight, but I don't
see how we can act at all on the variance wifh respect to ACHD's comments. Certainly
address their issues in the development agreement and wait until after the traffic
analysis is done to finalize the verbiage in the development agreement as it relates to
traffic and traffic-related issues. We don't have that information and that's not our area
of expertise.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I believe what we are saying is supporting each other.
Rountree: Yeah.
Meridian City Council
January 8, 2008
Page 70 of 81
Zaremba: But I-- to put another nail in it, to me, after the City of Meridian and ITD has
spent so long working out development along state highways ordinance, it would send
the wrong signal to ITD for us to approve this variance before we have heard from them.
Councilman Rountree said it, but I agree, I'm not ready to act on the variance for sure.
De Weerd: Okay. Additional comments?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
B'ird: I agree with both of them, but I do have something different to say. It all of a
sudden our last half mile we are going to get serious about entrances and stuff, when
you go all the way -- if you go from State Street to Chinden there is 13 or 14 curb cuts
on one side and 15 or 16 on the other side. You go just south of this existing thing and
count the curb cuts between there and Blue Cross and we are worrying about two curb
cuts right now in the deal. I mean I wish we did have the reports. I have never -- I have
really never seen ITD come in with a good report to us, if you want to know the truth.
ACHD's always been very good partners with us. They have always waited -- ITD is
always waiting for us to make the decision, so I can -- I can delay this part. I do believe
we can do the zoning, but I have no problem passing the variance either and voting on
it.
Canning: Madam Mayor`?
De Weerd: Yes.
Canning: I just -- I need to be -- accept a little accountability for having this project
before you without ACHD comments. Part of the reason that we sort of encouraged
Planning and Zoning Commission to make a recommendation was ACHD's painfully
backlogged on their evaluation of their traffic impact studies and it was going to be I
believe March or April before they felt they could get this evaluated once they got it.
And fihey haven't got it yet. So, it was a significant delay in the project and our general
sentiment has been to get things before you in a timely manner and we didn't feel we
could do that while still waiting for the ACHD comments. So, I do need to take some of
the brunt of that criticism for the Planning and Zoning Commission, so --
De Weerd: Thank you, Anna. ts there any additional information needed from the
applicant?
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Meridian City Council
January 8, 2008
Page 71 of 81
Borton: I as well -- I'm comfortable going forward today with the annexation for sure and
the variance as well and one item that -- we haven't closed the Public Hearing and I
guess, Andy, I would pose it to you, Christie had made -- had made a suggestion that if
we don't delay it and await the ITD or -- and ACHD traffic impact study, that the
approval be conditioned upon your agreement to comply with whatever their
requirements are. Do you have comment on that? Is that -- is that a problem? Is that a
solution?
Bruning: Madam Mayor and Councilor, that would --
De Weerd: If you would state your name for the record.
Bruning: My credibility is eroding as we go. Fred Bruning. I apologize. Our interest
are your interests. We would not do this if we didn't believe fhe traffic would work and it
weren't the right thing. At the same time, Councilor, I agree it's interesting to see the
street up and down and say, well, the last finro are going to be the ones, because we
really think they are going to work better. But conditioning an approval or the variance
by saying subject to review and approval of the final traffic study and review of ACHD's
comments,. would be fine with us, because it keeps the process moving and that's,
really, what we are trying to do. We are not trying to make a decision without the right
data, we just want to keep rolling along and not being delayed just because of a backlog
or not being able to get something moving.
De Weerd: And see, Fred, I think that's why Council is considering, you know, taking
action, but leaving the transportation element and both the DA and the variance open.
We'd like to see you again. But it is that important.
Bruning: And we agree. We agree. So, whatever your decision would be tonight, we
will accept it as -- we'd like to, because we're trying to get the project done as quickly as
we can, because there are competing factors out there as well.
De Weerd: You know, frankly, Fred, I guess I'm surprised that the traffic impact study is
not done. I mean we have been talking to you for a long time and Kittleson and really
was surprised to find out that this piece was still hanging out there.
Bruning: As I am I. But, Madam Mayor, the reason I think it's not done yet is it's not a
made as instructed traffic study. There is a lot of those out there. This is a traffic study
where we asked Kittleson to get it right and they are taking --
De Weerd: You have support. We heard it tonight. Resources, from what I heard, so --
Bruning: Sure. Again -- anyway, we are happy to get that input, it's just, again, we
really want it to be right and I think if you check with the guys at Kittleson what they will
tell you is we didn't ask them to come up with a result, we asked them to come up with
Meridian City Council
January 8, 2008
Page 72 of 81
the right answer, not only for us, but for the community, and that's, really, the only
reason we are pursuing Star, because we know in our heart that's the right answer for
the community, even though we are really making up for a lot of other people's goofs by
doing that.
De Weerd: And you`re exactly right.
Bruning: So, we still stand prepared to do that.
De Weerd: And that is greatly appreciated. And I guess, Christie, one thing I would ask
from ACHD, hearing of the backlog, fihat this -- this also be given a priority, if that is an
option, because of their -- #heir offer to use Star to hopefully achieve some of the
transportafion goals in that area.
Richardson: Madam Mayor, Members of the Council, just for your general information,
this fall we did implement an expedited review of traffic impact studies. We don't
currently charge for that review time of planning and engineering staff. The expedited
review charges a small fee and you get bumped up the list. At the meeting this week
that was mentioned and we will work with them. Again, we can't expedite anything until
we have something to review, but --
De Weerd: Exactly.
Richardson: -- we can certainly commit to doing that and have started fhat process with
Kittleson. Good deal.
De Weerd: Okay. Council, any further information needed?
Borton: Madam Mayor'?
De Weerd: Mr. Borton.
Borton: Another question, Fred. Up and down. Up and down. I just want to be clear
and fair, because one of Christie's comments in her written notes also makes reference
to if we go forward tonight and fihere is a requirement and a condition to comply with all
ACHD requirements, it also states that -- that, quote, the applicant is responsible for
the improvements of the roadways and intersections, regardless of Star's funding --
funding sources and available, the improvements are still necessary and can be --
should be const~ucted and paid for by the developer -- I read that to mean the widening
from the freeway to the half mile north of Fairview and if that's a requirement of ACHD
that that be done regardless, if I'm reading that right, hearing that right, is that an
obligation that --
Meridian City Council
January 8, 2008
Page 73 of 81
Bruning: I'm Fred Bruning with CenterCal Properties. Got that right this time. You
know, the real problem is it's overloading too much cost on the project to do that. I
mean if DDR and everyone else up and down the road would pay their fair share of a
problem that they have helped create, then, that would be fair. New projects have just
recently been developed all up and down the street with no concurrency requirements
and so, you know, we feel -- it's a very expensive thing for us to do Star. We get no
interest on that. money. It's millions of dollars that it costs us, even though we do get
reimbursed for the cost, but there is interest carry over time. And so, you know, we feel
that that helps us get the job done. To put all those burdens on us, the last project --
you know, the last brick in the -- in the project, we really didn't cause those problems
and I-- and so I think it would be unfair to ask us to do that. Now, with respect to other
things, like the Records Road improvements, you know, our goal is to buy the north
parcel and if we are able to acquire it, we will build that complete road. We have no
problem doing it, but it's hard for us to do it when you don't own the adjacent property.
That's our only concern.
Borton: Madam Mayor? And I wasn't asking or suggesting that you do. I was just
trying to clarify if that was their understanding and maybe I read that wrong, you guys
said you were going to comply. I didn't want to throw you under the bus to agree to
something you didn't want to agree to. That's all.
Bruning: Well, again, I thought my agreement was to say to -- on the traffic issues, to
get all fhe information in front of the Council, in front of ACHD, have the findings -- I
guess if that were a requirement of this regardless of Star, we probably would not be
able to build the project. _
Borton: Sure.
Bruning: And so it takes us down the road to a not successful result, but if the
requirements are reasonable and fair relative to our project, we will find a way to make it
happen and we are hopeful of having the Star funding and getting the -- the bigger
project done as well, because it's -- we view that as a gift to the community, not a
requirement of our project.
De Weerd: And, Council, I guess I would say, you know, I appreciate your continued
commitment to Star and we are also working with our legislative representatives to
clean up some of the language legislatively and in the Star legislation, so that there is a
greater comfort level and certainly more of a surety of that payback for -- that is a large
investment and Eagle Road is not the cause of necessarily any one project on Eagle, it
is fhe cause that it's the only north-south functional -- I guess if you call it functional --
connection that has a river crossing, a railroad crossing and an interchange. And so it
is hard looking at the last piece of the puzzle and bearing a burden, it's just nice that the'
last piece of the puzzle has the kind of developers that want to do the right thing and we
Meridian City Council
January 8, 2008
Page 74 of 81
are eager to -- to pursue those opportunities with you. Anything further from Council? If
not, what would you like to do?
Rountree: Madam Mayor?
De Weerd: Councilman Rountree.
Rountree: Seeing no further testimony and I don't hear anymore discussion, I move that
we close the public hearings on Items -- sort out my -- 19 and 20.
Bird: Second.
De Weerd: Okay. I have a motion and a second to close fhe public hearings on Items
19 and 20. All those in favor say aye. Opposed?
Zaremba; Opposed.
De Weerd: Okay. Motion passes.
MOTION CARRIED: ALL AYES.
De Weerd: Okay. ~
Rounfiree: We can reopen fhem. .
De Weerd: Okay. Discussion?
Rountree: Madam Mayor, having closed bofh hearings, we may potentially want to
reopen at least one of them, but I thought that we would close it for a motion to see
where we go.
De V1/eerd: Okay.
Zaremba: Madam Mayor, Councilman Rountree anticipates that my objection was to
closing the variance hearing.
De Weerd: On 20. I know. Okay. And we can always reopen 20.
Zaremba; Thank you:
De Weerd: Okay. I can wait him out.
Rountree: Okay. We will start. Madam Mayor, I move that we approve Item No. 19,
annexation and zoning, 258.38 acres for Meridian Town Center, subject to the
Meridian City Council
January 8, 2008
Page 75 of 81
development of a development agreement. That in addition to those spoken to this
evening by staff and included in their comments, also including item number two on
page four of the memorandum from Ada County Highway District, January 8th, 2008.
And item four and a condition as well with respect to transportation facilities, that the
applicant would be responsible for any transportation infrastructure improvements that
are a direct result from this application. That there be a dedication of the right of way for
the River Valley Road in fhe northern portion. That the development agreement reflects
the shift in the pathway on the western parcel to be adjacent to the roadway and that
the specifics be worked out with the parks and recreation department. Direct the
developer to work with the adjacent developers to the south and their offer to share
traffic and general knowledge of what's going on in fhe area. The development
agre.ement also addressed the condition with respect to the urban farm classification
and that the farming and agricultural activities would -- could be maintained on the
parcel unfil such time as it's developed. And I don't hear anybody whispering anything
else in my ear, so that's my motion.
Bird: Include staff and --
Zaremba: I will second that.
Rountree: Include staff and comment -- and applicant comments, yes.
Zaremba: I will second that, but I would ask for one clarification and that is on the
subject of, really, River Valley Road, I would ask that we also include some statement to
the effect fhat either -- either that dedication will be right aiong their north property line
or if it's not, that they work out cross-access with the property owner to the north.
Rountree: Madam Mayor, I believe that the concern was that there be no spite strip
developed and I would add that to my motion.
Zaremba: Second accepts.
De Weerd: Okay. Anna, did you have a question?
Canning: Yes, ma'am. If the maker of the motion could clarify the timing of the
construction of the facilities, because I think no one's arguing about the construction of
Records Road and River Valley and the dedication of that right of way, iYs the timing of
the improvements. So, if I could have some assistance from the motion maker on that.
Rountree: From this motion maker's position, the timing of the development of Records
Road would be a portion of the roadway adjacent to the parcel subject to development
agreement number three would be developed in conjunction with the initial phases of
that project to provide emergency facility and access and that the portion of that
extended north and River Valley Road be completed -- at least their half of that road be
Meridian City Council
January 8, 2008
Page 76 of 81
completed at such time as the development occurs on that northern portion of
development agreement parcel number two, but that the dedicated right of way be
identified and dedicated in such a way as there is no spite strip developed on River
Valley Road.
Canning: Thank you, sir.
Zaremba: The second agrees that the intent was that the pavement could happen later,
but that the dedication of the right of way should be immediately. Second agrees.
De Weerd: Mr. Nary, did you -- since you help write this up, are you good? Do you
have any questions?
Nary: Madam Mayor, Members of the Council, I mean I'm glad Mr. Willis takes accurate
notes. But I do believe -- I think it's -- at least it's clear to me what -- what fhe intent is,
so, yes.
De Weerd: Okay.
Rountree: And, Madam Mayor, I would add one clarification to ACHD's request in item
finro, the last line of item two it says -- or the second to the last line and it says this --
within this site are subject to ACHD requirements, I would change the word
requirements to project specific comments.
De Weerd: Okay. Anything further'? Hearing none, we have a mofion and a second.
Mr. Berg, will you, please call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
De Weerd: Okay. Item 20.
Rountree: Madam Mayor, I'm not in a position to make a motion on that. My motion
would be to reopen it and continue it until such time as ITD and ACHD have been
provided fihe opportunity to review the traffic studies and provide comments to the
applicant, as well as the city.
Zaremba: That could be a motion that I would second, to reopen the hearing and
continue it.
De Weerd: Okay. The motion would need to be to reopen.
Rountree: Madam Mayor, I move to reopen the Public Hearing on Item No. 20.
Meridian City Council
January 8, 2008
Page 77 of 81
Zaremba: Second.
De Weerd: Okay. We have a motion and a second to reopen fhe Public Hearing on
Item 20. All those in favor say aye. -
Zaremba: Madam Mayor, I would comment that I don't believe anybody left the room
while we thought it was closed.
De Weerd: Excuse me. I haven't -- I didn't hear everyone vote. Any opposed say nay.
Bird: Nay.
Borton; Nay.
De Weerd: Okay. Well, we have -- do I break that kind of t~ie?
Rountree: Yes, you do.
Bird: Yes, you do.
Zaremba: This is the first tie we have had.
De Weerd: Okay. Well, then, I-- on opening a Public Hearing. I would vote aye to
reopen the Public Hearing.
MOTION CARRIED: TWO AYES. TWO NAYS. MAYOR AYE.
De Weerd: Okay. Now that it's open, what would you like to do?
Rountree: For clarification from Will or counsel --
Berg: Specific date.
Rountree: -- does this have to have a date specific?
Nary: Madam Mayor, Members of fihe Council, you would need to set it for a date
specific and I think the testimony was that you don't probably have one, but you can
certainly set it 30 days or -- to keep it on track. I know you don't like to continuously
continue things either.
De Weerd: I guess, Council, the discussion I'd like to pose to you is we had a split vote
fhere -- I do know the direction that the motion maker had to open the Public Hearing,
but what I don't know is what fhe other two -- what direction you're looking at, so --
Meridian City Council
January 8, 2008
Page 78 of 81
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: I'm comfortable going forward today on --
De Weerd: On the variance.
Borton: -- on the variance issue, but understanding it's an important decision and if at
least two of the Council members, you know, feel more comfortable -- and I totally
respect that, waiting and desiring that -- that traffic. impact study before so, then, I
wouldn't want to stand in the way of making sure that informafion is provided to help
everyone make a decision. So, to that extent. If getting it reset makes it the best
opportunity to get it done right, then, I won't stand in fihe way of it. We look at maybe
February 19th.
De Weerd: Council, I guess, just to clarify why I felt inclined to reopen the Public
Hearing, is I don't see an issue of -- of approving the variances. You have done that up
and down Eagle Road, so I don't know what makes this different. Now, if you had
asked me up by Ustick what my opinion was, you heard it, then. I thought it was
inconsistent with our ordinance, but we have set precedent --
Bird: And we set it.
De Weerd: -- on Eagle Road and this, with the center medians in fhere, this makes that
stretch a lot more -- it's safer than any other stretch where you have approved the
variance. And so I just thought it was important to have the dialogue and the ability for
the applicant to comment if -- if they needed to. And that is why I voted to open this
Public Hearing again. But it is up to you on -- if you want to continue. I felt comfortable
fhat the sections in the DA being open to the transportation elements were key and a lot
of the concerns can be taken care of in those.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I, too, agree with what Joe said, I'd like to go ahead. I mean how can you -- how
can you -- the last half mile of development on Eagle Road, you're going to change your
rules and regulations. Right up to the north of fhis we allowed them in and David was
probably the only one that didn't -- wasn't on -- sitting on the Council at that time. And,
then, all of a sudden we are doing this. Now, if we are reopening it, we are going to
come back for something. Are we going to come back for a four hour Public Hearing
and discuss everything again or what muse does the Council want to hear?
Meridian City Council
January 8, 2008
Page 79 of 81
Rountree: Madam.Mayor, let me explain my posifion. The examples tonight have been
use, well, we have got it on Eagle Road in other places. Well, those other places on
Eagle Road are exactly why we have the ordinance we have today. We had problems
and the city attempted to try to resolve those through ordinance. Every instance that I
know of that the city has approved a variance on Eagle Road after fhe ordinance was a
situation where the city had denied access, the applicants continued their transportation
studies and impact analysis and submitted them to ITD. ITD, in turn, approved those
points of access. The applicants, then, came back to the city and the city, then, varied
the ordinance based on ITD's action. I'm not comfortable varying our ordinance without
a reason to vary them. We don't have a traffic analysis. Neither does ACHD and
neither does ITD. I don't have a problem varying them at some point in time in the
future, if thaYs what comes out of the analysis, but right now I think it's premature.
That's my position and that's why. I don't disagree with what Keith's saying, it's already
there, we have it in place, but we went through -- we got to where we are because we
had issues, not because we are doing something different and we are not changing the
rules here anymore fhan the rules were at application someplace else. I think if we
approve the variance tonight wifhout information, then, you bet, we are changing the
rules.
De Weerd: Very good point. Do you have a motion?
Zaremba: Madam Mayor, I would just echo that, that I think it's premature. I promise to
be open minded when this does come back, but I would like to see the analysis from the
transportation agencies. My motion would be to continue the variance VAR 07-017 to
the regularly scheduled meeting of February 19th, wifh the hope that there would be
some traffic analysis by then.
Rountree: Second.
De Weerd: Okay. I have a motion and a second to continue this item to February 19th.
All those in favor say aye. Okay. Those opposed?
Bird: Opposed.
Borton: I knew you would be.
Bird: Well, you know, Center Pointe and all those have been done since the UDC has
been changed. We never changed anything. We did that before ITD --
De Weerd: But it did go through a process, Mr. Bird, and --
Bird: No different than this.
Meridian City Council
January 8, 2008
Page 80 of 81
De Weerd: Okay. Thank you.
MOTION CARRIED: THREE AYES. ONE NAY.
Item 21: Election of New City Council Officers:
De Weerd: Oh, we still have something left. Okay. Council, the ball is in your court on
Item 21. Election of City Council officers.
Bird: Madam Mayor?
De Weerd: I guess -- yes.
Bird: Mr. President -- who is going to run it?
De Weerd: I will.
Zaremba: I move that Charlie Rountree be nominated as president of the Council.
De Weerd: Okay. I have a nomination to vote in Councilman Rountree for -- as
president. Do I have any further nominations?
Borton: Second.
De Weerd: I have a second. Okay. All those in favor say aye. All ayes.
MOT10N CARRIED: ALL AYES.
Bird: Madam Mayor, I would nominate Mr. Zaremba as vice-president.
Rounfiree: Second.
De Weerd: Okay. I have a motion and a second -- or a nomination and a second. Any
further nomination? If not, all those in favor of Mr. Zaremba.
MOTION CARRIED: ALL AYES.
De Weerd: Okay. Thank you.
Item 22: Executive Session per ldaho State Code 67-2345(1)(fl -(to consider
and advise its legal representatives in pending litigation);
Bird: Madam Mayor, I move that we go into Executive Session per ldaho State Code
67-2345(1)(f).
Meridian Ciry Council
January 8, 2008
Page 81 of 81
Borton: Second.
De Weerd: Okay. Mr. Berg, will you, please, call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea.
MOTION CARRfED: ALL AYES.
EXECUTIVE SESSION:
Rountree: I move we come out of Executive Session.
Borton: Second.
De Weerd: All those in favor say aye.
ALL AYES. MOTIDN CARRIED.
De Weerd: I would entertain a motion to adjourn.
Borton: So moved.
Rountree: Second..
De Weerd: All those in favor say aye.
ALL AYES. MOTION CARRIED.
MEETING ADJOURNED AT 11:48 P.M.
(TAPE ON FILE OF THESE PROCEEDINGS)
APPROVED:
MAYOR TAM e WEERD '
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