HomeMy WebLinkAbout2008 05-20Meridian City Council Meetina Mav 20, 2008
A meeting of the Meridian City Council was called to order at 7:15 p.m., Tuesday, May
20, 2008; by Mayor Tammy de Weerd.
Members Present: Mayor Tammy de Weerd, Charlie Rountree, Keith Bird, Joe Borton,
and David Zaremba. •
Others Present: Ted Baird, Jaycee Holman, Anna Canning, John Overton, Joe Silva,
Kyle Radek, Clint DoJsby, Steve Siddoway and Dean Willis.
Item 1: Roll-call Attendance:
Roll calt.
X David Zaremba X Joe Borton
X Charlie Rountree X Keith Bird
X Mayor Tammy de Weerd
De Weerd: I# is 7:15. I will go ahead and call the meeting to order and welcome you all
with us tonight. I will start tonight's meefing -- oh, for the record it is Tuesday, May 20th,
and we will start tonight's meeting with roll call attendance.
Item 2: Pledge of Allegiance:
De Weerd: Okay. Item No. 2 is the pledge of allegiance. Tonight we will be led in the
pledge by Counailmember Borton. If you will all rise and join us in fhe pledge.
(Pledge of allegiance recited.)
Item 3: Community Invocation by Pastor Shawn Ragan with Church of God
Seventh Day:
De Weerd: Thank you, Councilman Borton. I'd give you a pin, but I know you already
have one, so -- Item No. 3 is our community invocation. Tonight we will be led by
Pastor Shawn Ragan and he is with the Church of God Seventh Day. If you will all,
please, join us in the community invocation or take this as an opportunity for a moment
of reflection. Thank you, pastor.
Ragan: Thank you. Madam Mayor, Members of the Council, let us pray. In the name
of the Father and of the Son and of the Holy Spirit, amen. Our Father in Heaven, we
come before you this evening, thankful -- thankful for your presence in our lives, for
guidance and direction in all that we do. Lord, we thank you for our country that we live
in, the freedoms that we have. We thank you for this city and our communities. Father,
we look for your guidance and direction and mercy in all aspects of our life. Lord, we
ask fhat you have mercy on this meeting tonight. Guide and direct each person as they
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May 20, 2008
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seek your will. Have mercy on our Mayor, our City Council Members, the city directors,
and each person who has come to this meeting tonight. May this meeting and each
City Council meeting go according to your will, that this city in which we live may be
blessed. Lord, have mercy on our police and fire departments. Protect each of the
officers as they work to keep us safe. Be with each one of them and with their families.
Lord, have mercy on our men and women who are in the service of our country,
especially those serving overseas in harm's way. Keep fhem safe as they protect our
country and each one of us. May our great God and Savior Jesus Christ, the author of
peace and the source of all blessings, give to each one of you peace and bless you in
the work that you do, to fihe prayers of our holy father, Lord Jesus Christ our God, have
mercy on us and safe us, amen.
Item 4: Adoption of the Agenda:
De Weerd: Thank you, pastor. And, by the way, I did enjoy bofh -- having both your
sons in fhe Mayor's Book Club. They are a joy. Thank you for sharing them. Okay.
Item No. 4 is adoption of the agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Bear with me here. On the Consent Agenda, Item N is 08 -- is the resolution
number 08-607. O is resolution number 08-608. And P is 08-609 resolution number.
Under Department Reports, the -- Bill Nary firom the attorney's office has asked to give a
report on temporary sales units recommendation regarding fees and I have a feeling it's
going to be Ted. Item No. 10, the ordinance number 08-1361. Eleven is 08-1362. And
12 is 08-1363 Okay. Let's go back to the departments. Council President, discussion
on checking account. And Item 24 has been asked to be removed, that's the Executive
Session. Item 21 is the ordinance number 08-1364, 22 ordinance number 08-1365, and
Item 23 is ordinance number 08-1366. And with that I move that we approve the stated
agenda.
Zaremba: Second.
De Weerd: Okay. I have a motion and a second to adopt the agenda as amended. All
those in favor say aye. All ayes.
MOTION CARRIED: ALL AYES.
Item 5: Proclamation for Recreational Water Safetv Week:
De Weerd: Thank you. Item No. 5 is a proclamation. It is for Recreational Water
Safety Week. We will be opening our water -- our splash pad on Thursday and certainly
hope that Council is able to join in on the celebration, which is recreational water safety
week in Meridian. Actually, it was called something else and I didn't like it, so I thought
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May 20, 2008
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this had a better ring to it. So, the proclamation reads: Whereas swimming and water
play are recognized as fun and healthy summec activities for residents of all ages and
whereas the City of Meridian welcomes public to visit its zero depth splash pad at
Settler's Park every summer and whereas the City of Meridian and Central District
Healfh Department are partnering wifh other area agencies to encourage healthy
swimming and water play behavior and whereas the City of Meridian has invested in
new technology and taken steps to enhance public safety and awareness in order to
reduce water borne illnesses and whereas it is in the interest of all residents to be
aware and practice healthy behaviors fhat can prevent the spread of recreational water
illnesses and whereas healthy swimming and water play behaviors include not
swimming when you are ill, not drinking the recreational water or get it in your mouth,
showering before swimming or playing on the splash pad, washing your hands with
soap and water after using the bathroom. Taking your children on frequent bathroom
breaks -- I'm getting very detailed on this. Changing baby diapers in the bafihroom, not
on public surfaces. And, therefore, I, Mayor Tammy de Weerd of the City of Meridian,
do hereby proclaim the week of May 19th fhrough 25th, 2008, as Recreational Water
Safety Week in Meridian. We will present this to Central District Health on Thursday
during our ceremony. I know that our residents have been very anxious and awaiting
the opening of the splash pad, especially since the weather hit the 90s this past week.
So, Director Siddoway, do you want to take this and see you on Thursday.
Siddoway: Thank you.
De Weerd: Thank you. And at that time, Director Siddoway, I think we will be able to
comment on the number of things that our staff has implemented and put as part of fhat
water feature that protects the health and welfare of our residents and the visitors to our
water park. They have gone above and beyond and that's one reason why Central
District Health has asked to have this ceremony at our splash pad, because we have
really been an example of how someone needs to step forward to be a part of this
solution. So, my hat's off to you and your staff and, please, relay our appreciation to
them and we will celebrate with you on Thursday.
Item 6: Consent Agenda: Approve
A. Approve Minutes of April 7, 2008 City Council / ACHD Joint
Meeting:
B. Approve Minutes of April 22, 2008 City Council Regular Meeting:
C. Approve Minutes of April 22, 2008 Pre-Council Meeting: Approve
D. Approve Minutes of May 6, 2008 City Council Regular Meeting:
E. Development Agreement: RZ 07-017 Request for Rezone of 5.29
acres from R-8 zone to C-G zone (1.62 acres) and L-O zone (3.67
acres) for Verona Commercial by Primeland Development Group,
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May 20, 2008
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LLC - Northeast Corner of West McMillan Road and North Ten Mile
Road:
f. Development Agreement: RZ 07-018 Request for a Rezone of
~ 12.64 acres firom R-4 to an L-O zone for Bridqetower Crossinq
Office by Primeland Development Group, LLC - Southwest Corner
of West McMillan Road and North Linder Road:
G. Development Agreernent: RZ 07-022 Request for a Rezone of
7.37 acres from C-G and R-4 to C-N zones and a Rezone of 5.88
acres from R-4 to L-O zones for Bridqetower Crossinq
Cornmercial by Primeland Development Group, LLC - east of
North Ten Mile Road and south of West McMillan Road:
FI. Development Agreement: AZ 07-018 Request for Annexation
and Zoning of 9.764 acres from RUT to C-C zone for Settler's
Square Subdivision by Seagle Three, LLC - 870 West Ustick
Road:
I. Addendum to Development Agreement: MI 07-013 Request for
Miscellaneous application to modify the Recorded Development
Agreement for Verona Comrnercial by Primeland Development
Group, LLC - Northeast Corner of West McMillan Road and North
Ten Mile Road:
J. Addendum to Development Agreement: MI 07-014 Request for
a Miscellaneous application to modify the recorded Development
Agreement for Bridctetower Crossinq Office by Primeland
Development Group, LLC - Southwest Corner of West McMillan
Road and North Linder Road:
K. Findings of Fact and Conclusions of Law for Denial: VAR 08-
003 Request for a Variance to UDC Table 11-2A-5 to allow a
structure encroachment into the required rear yard setback in the
R-4 zoning district for Silman Setback by Stanley Silman - 1749
West Lowry Street (Lot 10, Block 16, Tumble Creek Subdivision
#6):
L. Development Agreement: RZ 07-023 Request for Rezone of 0.62
acres from R-4 to an R-8 zone for Blackstone No. 2 by Landmark
Engineering and Planning, Inc. - 4700 West Aspen Creek Sfireet:
M. Sanitarv Sewer Easement Aareement for Kellv Creek by Jim
Durst:
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May 20, 2008
Page 5 of 53
N. Resolution No. 08-607
Recreation Fees:
O. Resolution No. 08-608
P. Resolution No. 08-609
Emplovment:
De Weerd: Okay. Item No. 6 is the Consent Agenda.
Bird: Madam 'Mayor?
De Weerd: ~Mr. Bird.
2008 Meridian Parks and
Druq and Alcohol Policv:
Introductorv Period of
Bird': I will restate the resolufion numbers in the Consent Agenda. Item N is 08-607.
Item 0 is 08-608. And item P is 08-609. And with that I move we approve the Consent
Agenda as published and for the Mayor to sign and Clerk to attest on all papers.
Zaremba: Second.
De Weerd: Okay. I have a motion and a second to approve the Consent Agenda. If
there is no discussion, I will ask Madam Clerk, to, please, call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea.
MOTIDN CARRIED: ALL AYES.
Item 7: Department Reports:
A. Legal Department - Bill Nary
1. Temporary Sales Units Recommendation Regarding
Fees: Waive Fees for all Temporary Use Perrnits
effective with the passing of the new ordinance & for
one calendar year
De Weerd: Item 7 under Department Reports, I would ask Mr. Baird to, please, give an
update on the temporary sales ordinance.
Baird: Thank you, Madam Mayor, Members of the Council. I have an e-mail that
summarizes a meeting fhat was held today with Mr. Nary and representatives of the
planning department and the clerk's office and what they did is took up the issue of the
fees for temporary uses. As you may be aware, it's been sort of controversial as to
whether we should be charging for that and particularly as it may pertain to charitable
organizations. After this meeting the recommendation to you from this group is that you
not charge fees for temporary use permits for the 2008 calendar year. The city is more
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May 20, 2008
Page 6 of 53
interested in getting the data required by the statute and what they'd like to do is collect
a year's worth of informafion and determine whether or not to charge a fee for the next
-- for the next year. Anna was at that meeting, if she has anything to add. If you have
any questions. But, basically, that's the recommendation and if you're ready to make a
motion that would affect possibly the outcome of one of your agenda items tonight and
the clerk's office stated that they would be willing and ready to refund any permit fees
fihat have already been paid.
De Weerd: Thank you, Mr. Baird. Council, any questions?
Zaremba: Madam Mayor, just to clarify. You're not just talking about no fees for
nonprofits, you're talking about no fees for any application this year.
Baird: That's correct. Madam Mayor, Members of the Council, Councilmember
Zaremba --
Zaremba: Any and all.
Baird: Part of the problem is finding how we differentiate between the different groups
and who feels that they are entitled to an exception or not. I see Anna Canning inching
towards the mike. Madam Mayor, if you might want to recognize her, she could
probably help us answer that quesfion as well.
De Weerd: Mrs. Canning.
Canning: Madam Mayor, Membecs of the Council, in summary it sounds like we made
a quick decision. We went around in circles for an hour and a half. We talked about a
lot of different scenarios, a lot of different options. There are several types of temporary
use permits, so we talked about the different types and what may be appropriate as far
as charging fees for some of them, charging permits for some, not charging permits for
the others, and what it really boiled down to is we'd like to get a year's worth of
information on, you know, the difference between fihe enforcement necessary for a
temporary sales unit versus a mobile sales unit versus a promotional sales unit versus
subdivision model homes versus subdivision sales offices. So, what really we came
down in the end was let's just make it a fee of zero dollars for this year and leave open
the ability for us to make a recommendation to Council next year based on at least a
year's worth of experience.
De Weerd: And that doesn't include the mobile sales units; correct?
Canning: Oh, no. You're correct. It does not. Because they already had a fee in place.
De Weerd: Right. Okay. Council, any questions?
B'ird: I have none.
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May 20, 2008
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Zaremba: Madam Mayor?
De Weerd: Yes.
Zaremba: Along with the fact gathering, would we also be gathering the amount of time
the clerk's office invests in producing a permit, I guess?
Holman: Yes, we will start tracking that.
De Weerd: And I imagine it will be less once we get rid of the fee, I can guarantee you.
Okay. Any further questions? Okay. Council, we do not need to have another Public
Hearing -- we don't need a Public Hearing, because you are reducing the fee to zero
and so it is -- is that the direction you wish to go?
Rountree: Madam Mayor, just a comment. I think if's probably the right thing to do,
because of the confiusion that we created and it's better to work off of some data than a
best guess. So, I think it's a legitimate recommendation and having said that I would
move that we waive the fees for the temporary use permit -- temporary sales unit as
recommended -- temporary sales --
Canning: Madam Mayor, Members of the Council, what we are recommending is that
we waive it for ail temporary use permits.
Rountree: Waive the fee for all temporary use permits for one year.
Bird: Starting when?
Rountree: Starting -- well, effective with the passage of the ordinance.
B'ird: Second.
Zaremba: Madam Mayor, discussion --
De Weerd: I have a motion and a second. And part of that discussion, we have had a
couple that have paid at this point and they have been pulled out and we will do a
reimbursement if this passes tonight. Yes, Mr. Zaremba.
Zaremba: Madam Mayor, my question was -- I thought the intent was to waive fees
during this fiscal year. Are we now saying one whole year of data? Did I miss that?
Canning: Madam Mayor, Members of the Council, it's up to you. This is the busy time,
so if you went fiscal year we'd probably have a pretty good idea, because most of them
happen between now and Christmas.
Zaremba: I guess my question is what were you suggesting? Maybe I misunderstood.
V1/hat were you asking for'?
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May 20, 2008
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Canning: I don't think we had fhoughf about it, to be truthful, so --
Zaremba: Okay.
Baird: Madam Mayor, Members of the Council, in reading Bill Nary's summary, he was
referring to calendar years and I think that does allow you to capture the busy season
and, then, give you time to evaluate before the next season begins. So, those are all for
your consideration. Perhaps fhe maker of the motion would like to clarify the exact
dates of the waiver -- or the zero fee.
Rountree: My intent was the calendar year.
De Weerd: Okay. Second agree?
Bird: I agree.
De Weerd: Okay. Thank you. Thanks for the clarification. Any other questions?
Discussion? Seeing none, Madam Clerk, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
2. Discussion on Ghecking Account with Bank of the
Cascades:
De Weerd: Thank you. Also added to our agenda under Item 7 was discussion on
checking account. Mr. Rountree.
Rountree: Up unfiil recently we had an interest bearing account with Bank of the
Cascades. They informed us that they were going to no longer recognize that interest
bearing aspect of our checking account. Through much negotiations with the fiscal
office, they did get some reconsideration on the part of the bank and they have
negotiated -- and I don't have the percentage, but it doesn't matter where you go
anymore, it's something around a percent or less, for interest on the checking account.
The checking account would, then, be swept on a daily basis and the funds put into a
money market account and fihat would be where we would get interest returns. It's not a
new account, fihe terms of the existing account have been changed. Not necessarily
requiring Council approval because of the change, but let you aware of it and, hopefully,
we can get an affirmative moving forward with that, so Stacy is comfortable with the new
checking account and we are on record of recognizing that and approving it.
De Weerd: Thank you. Council, any questions? No. Is official action required?
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May 20, 2008
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Rountree: I would move that we accept the new terms and conditions in the checking
account with Bank of the Cascades.
Bird: Second.
De Weerd: Okay. I have a motion and a second. Any discussion? Just for the record
we will call roll.
Ro11-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea.
~MOTION CARRIED: ALL AYES.
Rountree: And, for the record, I will have a conversation with Stacy about the possibility
of an additional checking account with another banking institution. It seems like we are
big enough fhat there might be some benefits there.
De Weerd: We will bring back a response to fhat as well. And just for the o.fficial
record, I know you send out an updated agenda. If you will, please, make sure these
finro items were noted on that.
Item 8: Items Moved from Consent Agenda:
De Weerd: Okay. There were no items moved from the Consent Agenda.
Item 9: Request for a Waiver of Fees of the Temporary Use Permit for Le
Bois Soccer Association a Non-Profit Organization Garage Sale at
the Pioneer Federal Credit Union Parking Lot by Judy Trimbole:
De Weerd: Item No. 9 is a request for waiver of fees, which -- is Judy here? If staff will,
please, notify this applicant that her wish was granted. So, that was easy.
Item 10: Ordinance No. 08-1361 RZ 07-017 Request for Rezone of
5.29 acres from R-8 zone to C-G zone (1.62 acres) and L-O zone (3.67
acres) for Verona Commercial by Primeland Development Group, LLC -
Northeast Corner of West McMillan Road and North Ten Mile Road:
Item 11: Ordinance No. 08-1362 : RZ 07-018 Request for a Rezone of
12.64 acres firom R-4 to an L-O zone for Brid4etower Crossina Office by
Primeland Development Group, LLC - Southwest Corner of West
McMillan Road and North Linder Road:
Item 12: Ordinance No. 08-1363 : RZ 07-022 Request for a Rezone. of
7.37 acres from C-G and R-4 to C-N zones and a Rezone of 5.88 acres
from R-4 to L-O zones for Bridaetower Crossinq Commercial by
Primeland Development Group, LLC - east of North Ten Mile Road and
south of West McMillan Road:
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May 20, 2008
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De Weerd: Okay. Item 10, 11 and 12 are proposed ordinances 08-1361, 08-1362 and
08-1363. I would ask the city clerk to, please, read these by title only.
Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 08-1361, an
ordinance finding that Primeland Development Group, LLC, the owner of certain real
property, has made a written request for rezone of the zoning classification RZ 07-017,
Verona Commercial, for real property being a parcel of land in the southwest one
quarter of Section 26, Township 4 North, Range 1 West of the Boise Meridian, Ada
County, Idaho, as described in Attachment A of this ordinance and rezoning certain
lands and territory situated in Ada County, Idaho, and within the corporate limits of the
City of Meridian, and rezoning the land use zoning classification of said lands from R-8,
Medium Density Residential District, to C-G, General Retail and Service Commercial
District, and L-O, Limited Office District, in the Meridian City Code, providing that copies
of this ordinance shall be filed with the Ada County assessor, the Ada County recorder,
and the Idaho State Tax Commission, as required by law, and providing for a summary
of the ordinance and providing for a waiver of the reading rules and providing an
effective date.
Holman: City of Meridian Ordinance No. 08-1362, an ordinance finding that Primeland
Development Group, LLC, the owner of certain real property, has made a written
request for rezone of the zoning classification RZ 07-018, Bridgetower Crossing Office,
for real property being a parcel of land in northeast one quarter of Section 35, Township
4 North, Range 1 West of the Boise Meridian, Ada County, Idaho, as described in
Attachment A of this ordinance and rezoning certain lands and territory situated in Ada
County, Idaho, and within the corporate limits of the City of Meridian, and rezoning the
land use zoning classification of said lands from R-4, Low Density Residential District, to
L-O, Limited Office District, in the Meridian City Code, providing that copies of this
ordinance shall be filed with the Ada County assessor, the Ada County recorder, and
the Idaho State Tax Commission, as required by law, and providing for a summary of
the ordinance and providing for a waiver of the reading rules and providing an effective
date.
Holman: City of Meridian Ordinance No. 08-1363, an ordinance finding that Primeland
Development Group, LLC, fhe owner of certain real property, has made a written
request for rezone of the zoning classification RZ 07-022, Bridgetower Crossing
Commercial, for real property being a parcel of land in fhe northwest one quarter of
Section 35, Township 4 North, Range 1 West of the Boise Meridian, Ada County, Idaho,
as described in Attachment A of this ordinance and rezoning certain lands and territory
situated in Ada County, Idaho, and within the corporate limits of the City of Meridian,
and rezoning the land use zoning classification of said lands from R-4, Low Density
Residential District, and C-G, General Retail and Service Commercial, to C-N,
Neighborhood Business District, and L-O, Limited Office District, in the Meridian City
Code, providing that copies of this ordinance shall be filed with the Ada County
assessor, the Ada County recorder, and the Idaho State Tax Commission, as required
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May 20, 2008
Page 11 of 53
by law, and providing for a summary of the ordinance and providing for a waiver of the
reading rules and providing an effective date.
De Weerd: Okay. You have heard these three ordinances, that are very entertaining,
read by title only. You do have the option of hearing them read in their entirety. Is there
anyone who would like to have them read? Thank you. Council, seeing none, do I
have a motion?
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I move that we approve ordinances number OS-1361, ordinance 08-1362,
and ordinance 08-1363, with suspension of rules.
Borton: Second.
De Weerd: Okay. I have a motion and a second to approve Items 10, 11 and 12. If
there is no discussion, Madam Clerk, will you, please, call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea.
MOTION CARRPED: ALL AYES.
De Weerd: Thank you. Item 13 is FP 08-010. We do have a letter from the applicant
agreeing to staff comments. Any additional comments from staff? Okay. Council, any
questions? ~
Borton: Madam Mayor? .
De Weerd: Yes, Mr. Borton.
Borton: Seeing no questions, I move we approve Item 13, FP 08-010.
Zaremba: Second.
De Weerd: Okay. I have a mofion and a second to approve Item 13. If there is no
discussion, Madam Clerk, will you, please, call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
Item 14: Continued Public Hearing from April 22, 2008: AZ 08-003 Request for
Annexation and Zoning of 12.06 acres from RUT to R-40 (10.56 acres)
and C-C (1.15 acres) zones for Reaencv at River Vallev (REVISED) by
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May 20, 2008
Page 12 of 53
Mason & Stanfield - 2500 North Eagle Road: Continue Public Hearing
to May 27, 2008 Meeting
Item 15: Continued Public Hearing from April 22, 2008: CUP 08-004 Request
for Conditional Use Permit for a multi-family development in a proposed R-
40 zoning district for Reqencv at River Vallev by Mason & Stanfiield -
2500 North Eagle Road: Continue Public Hearing to May 27, 2008
Meeting
Item 16: Continued Public Hearing from April 22, 2008: VAR 08-002 Request
for Variance to UDC Table 11-3C-6 for a reduction in the number of
parking spaces required for mulfi-family dwellings in covered carports or
garages for Reqencv at River Vallev by Mason & Stanfield - 2500 North
Eagle Road:
De Weerd: Okay. Item 14, 15 and 16 are continued public hearings from April 22nd,
AZ 08-003, CUP 08-004, and VAR 08-002. We did open the public hearings on April
22nd, but we have not heard the presentation.
Canning: Correct, Madam Mayor, Members of the Council. You will have to forgive me
tonight on the presentation. I don't know what's coming up next. I usually have two
monitors and the overhead. I have the overhead tonight. So, it may not be as smooth
as usually. Not that it's smooth. Okay. Going on. This is the Regency at River Valley
project. If's located at 2500 North Eagle Road, approximately a half mile north of the
Fairview-Eagle intersection on the east side of Eagle Road. The applications before
you tonight are for annexation and zoning, Conditional Use Permit, and a variance.
This is the revised site plan. I believe we have a colored version. There we go. I'm
going to let the applicant go into the details of the site plan, but I am going to hit on
some of the highlights of the proposed development. The annexation request is for one
commercial property with a C-C zoning -- actually, that's not colored on fhis site plan.
Be in this area that adjoins Eagle Road. And one multi-family property with R-40
zoning. The Conditional Use Permit is for the multi-family development. The applicant
is proposing 204 multi-family living units within nine apartments buildings, a clubhouse,
swimming pool area, a putting green, several gazebos, an entry water feature,
pathways, extensive landscaping, and a playground area. About 18 percent or 1.91
acres of usable open space are provided within the site plan. The gross residential
density of the development is 19.3 dwelling units per acre. With regard ,to the requested
variance, it is for the requirement to aover the required parking spaces. The UDC
requires 360 covered spaces and about 48 uncovered spaces on the site, for a total of
408 spaces. There are seven garage structures depicted on the plan generally along
fhe west and south edges of the property and that contain six parking spaces each for
42 enclosed spaces. And, then, there are 253 carport parking spaces provided that
come to a total of 295 covered spaces. And, then, there is 113 open stalls provided, for
a total of 408. So, they meet the required number of parking, it's just that not all of it is
covered. And you may remember this applicatio.n. Part of the reason they are unable
to aover some of the parking is because of an easement along the South Slough. We
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May 20, 2008
Page 13 of 53
do have elevations. Oh, look, they are all on one sheet. There are four different
building elevations, plus the clubhouse. There is -- that's the clubhouse. Here are the
garages. And here is some examples of other projects, I believe. So, there are four
different building elevafions, plus the clubhouse elevations. . The structures are all
proposed to have brick veneer, masonry, stucco, stone veneer, and fiberglass
reinforced asphalt shingles. All of fhe structures are two to three stories in height and
have the same architectural design and appearance, but are different in size based on
how many units they contain. So, that was just four different versions of the apartment
buildings. Plus you have the clubhouse and fhe garages. There is the one single story
clubhouse structure proposed. It does have the same construction materials as the
larger units. The Commission recommended approval at their March 20th, 2008; Public
Hearing. Lars Anderson from Bach Homes and Scott Stanfield from Mason Stanfield
Engineering spoke in favor. No one spoke in opposition. Andy Wilks representing
Center Cal spoke -- commented. And there was also written testimony from David
Kleiner, who was the property owner to the south. And Andrew Wilks who has an
option on a portion of the property to the south. The key issues of discussion by the
Commission were fhe addition of an emergency access driveway to the site from Allys
Way. You can see that added. Allys Way is on the east side of the property. You can
see that access now. Support of the request for annexation of 1.5 acres with C-C
zoning designafion if the variance request for temporary access to Eagle Road is
withdrawn and the applicant did withdraw the request for the access to Eagle Road.
Removal of one of the multi-family structures is order to provide covered parking as
required by the UDC for multi-family developments. The request for a variance for a
reduction in the number of covered parking spaces required, the encroachment of
structures and landscaping within the easement for the Stokesberry-Downey Lateral
along the south boundary and the proposed relocation of the lateral and easement
further to the soufh. And the final issue of discussion was allowance for a five foot wide
mulfii-use pathway through the site within a public use easement and signs identifying it
as a public pathway if a ten foot wide pafhway is constructed along Allys Way and East
River Valley Road as approved by the parks department. So, the key Commission
changes to staff's initial recommendation were they required an emergency access only
driveway to Allys Way. Required a multi-use pafhway on fhe site in accord with parks
department comments. They removed the temporary access request variance to Eagle
Road, as I mentioned before, and fhey recommended approval based on the applicant
and Norfh Meridian Irrigation District reaching agreement pertaining to the relocation of
the Downey Sub Lateral. The outstanding issue before City Council -- the Commission
was supportive of the requested variance for a reduction in the number of covered
parking spaces required. Staff is not supportive. If the parking variance is not granted,
a new site plan should be submitted. Staff is unable to make the findings that the
variance -- for the variance. Written testimony since the staff report. You received a
letter from Mr. David Kleiner for the April 22nd, 2008, hearing requesting three things be
added to the development agreement for Bach Homes. The first one was that Bach
Homes be required to reimburse Kleiner family for half the right of way at fair market
value. That you defer approval until the Kleiner family finalizes the property boundary
with Center Cal and the 60 acre park. And that you require Bach Homes to discuss
locafion of access drives to minimize adverse impacts and that Kleiner should be free to
Meridian City Council
May 20, 2008
Page 14 of 53
present alternative locations for the Bach Homes driveway. You also received a
response from Mr. Lars Anderson, dated May 13, 2008, objecting to the reimbursement
for the right of way and committing to additional construcfion beyond what is normally
required by ACHD and also objecting to the delays associated with the boundary
negotiations and potential access points. I have to say that Kleiner proposal to --
regarding the reimbursement for half the right of way -- there are times when staff gets
stuck in befinreen those kind of agreements and this felt like one of those where we were
going to end up having to try and determine whether they had negotiated for fair market
value or not and so I-- I was hesitant to see that kind of condition placed upon Bach
Homes, just because it's often difficult to determine when fihat kind of condition has
been met. With that I will answer any questions that Council may have.
' De Weerd: Council, any questions for staff at this time?
Bird: I have none, Mayor.
Rountree: No. None right now.
De Weerd: Thank you. Would the applicant like to come forward. If you will, please,
state your name and address for the record. And if you don't mind, I am going to stand
up. I have a back fihat's killing me.
Anderson: You're welcome to. Madam Mayor, Members of the City Council, my name
is Lars Anderson. I'm with Bach Homes. We are located at 11650 South State Street in
Draper, Utah. 84020. We are here tonight and we thank you for listening to our
proposal. We are here tonight to, once again, present our site plan to you and ask for a
Conditional Use Permit, annexation, and a variance. We have been here a couple
years ago, if you recall, and we have changed the site plan significantly since then, with
comments from the staff, comments from ACHD. We have also had comments from
NMfD and we changed the site plan to accommodate all those comments. The one
variance we are now requesting is because the covered parking is in fhe easement for
-- we call it the South Slough, some people call it fhe Finch Lateral. It changes. I don't
know. We have it labeled as Finch Lateral on the plan. We also have some issues
regarding the -- the Stokesberry Lateral on the south part of the property. In the staff
report it's called the Downey Lateral and we have come to an agreement with NMID
how we would shift fihat, so no structures will be in the easement, only landscape and
the ten foot wide multi-use pafhway. And we have also met with the parks department
to clarify any issues there. We even met with the garbage guy and changed the
dumpster locations to accommodate fhem. So, we feel we have done everything we
can to accommodate everyone that's involved with this project or will have involvement
wifh this project, including offering the cost to construct the entire East River Valley
Street to the junction of Allys Way and Records Road. So, wifh that we -- I stand for
questions. We will have Scott Stanfield answer any technical questions you may have.
De Weerd: Council, any quesfions.
Meridian City Council
May 20, 2008
Page 15 of 53
Rountree: Madam Mayor'?
De Weerd: Mr. Rountree.
Rountree: If Lars would -- or Scott, either one, just explain the technicalities as it relates
to that easement and why it's not possible to cover.
Anderson: They don't allow any structures in the easement. They are particularly
worried about it, because they like to burn along the canal -- to worry about any
structures burning. Of course, they are also worried about the cars there, but we are
working through those issues with fhem, but they definitely don't allow any structures,
because they feel they will have to come in and maintain the ditch in some fashion and
structures would prevent them firom getting any equipment there, where cars can be
moved, structures can't. So, we have covered all the other parking, except as you see
in front of the clubhouse where staff has recommended that we don't cover it, because,
A, it's on a half circle and, B, if's in front of the clubhouse. And we have a drawing of
the clubhouse we'd like to show you that shows why we don't want to cover the parking
in front of the clubhouse. This is an actual rendering from our plans of how it really will
look like. Those are actual architectural plans, as well as our layout and we are doing
the water feature and everyfhing else. This is a very accurate rendition of it.
De Weerd: Flip that so people can see it as well.
Anderson: Oh, to the audience?
De Weerd: Yes, please.
Anderson: We'd also like to show our pool area, which wasn't part of the presentation,
and that is also an accurate rendering of the pool area that we plan to provide. These
are not where we construct them and sell the units, these are owners -- we keep them.
We have. ten units across the west. We haven't sold any of apartment complexes yet
and don't plan on selling this one. We plan on building them and renting them out and
maintaining them ourselves.
De Weerd: Thank you. Council, any questions?
Bird: I have none, Mayor.
De Weerd: I guess I have a question as to timing. You know, the road is not
consfiructed, the access has -- as far as I know is not totally through the vetting process
with ITD and ACHD. What is the timing of this?
Anderson: Okay. We have gone to ACHD and were put on the consent agenda on
May 9th, I believe it was. Or 10th. And received approval of our access locations, as
well as our crossing of Allys Way and for the proposed location of East River Valley
Street. So, we have gone fhrough ACHD's process and they have agreed to it. The
Meridian City Council
May 20, 2008
Page 16 of 53
time frame for us in fhe -- I forget the date. It was January 8 when the -- when
Councilmember Zaremba indicated that the dedication of the right of way should be
immediately and that's key for us,. because if the dedication of the right of way happen
immediately, then, we can start construcfing the road, so we can begin development as
soon as possible. We have been -- like I said, waiting for several -- two years at least to
develop this and we'd like to move on. That was fhe Center Cal application. Thank
you.
De Weerd: And as far as signalization, I know that was a concern the first time you
came through, so that we knew -- you have 200 plus units fhat the people will be able to
get in and out safety. Is fhat -- what is the timing of that traffic signal?
Anderson: Our traffic report we turned into ACHD, they approved it, and in the staff
report -- the revised sta .ff report they included their findings which said that our traffic
won't have a significant impact on the intersection. They are charging us one-eighth of
the cost of the signal, so that ACHD or ITD, however they work that out, can come in
and build the signal later. However, they are not saying the signal needs to be part of it
as part of our project. They are saying as other development occurs they will need the
signal. So, we are paying for our share.
De Weerd: Well, I know, but as I think was part of the -- or what I vaguely recall was
part of the discussion before, it is our concern fhe safety of the public and I think that
signalization is a big factor in patting that many units and that many cars with turning
movements during that. So, I guess it -- have they given you any indication, ITD, on
when that signalization would be available?
Anderson: They have indicated -- we have met with ITD as well. They gave to us the
plans for the entire intersection, we incorporated those plans, including the striping plan
for East River Valley Street that shows a raised median up and to our first entrance and
they indicated that as soon as fihe remaining development occurs, that they will charge
the rest of fhe signal cost to fhose ofher developers and, fihen, will put the signal in at
that point. We are being charged one-eighth again. So, from ACHD's point of view,
they said we will have less than ten vehicles per hour and t'hey say that's not going to be
a traffic issue leaving up to the traffic engineers to decide that and that was the finding
they agreed to.
De Weerd: Ten vehicles per hour for 204 units?
Anderson: Yes. That's what they came up with. That's what the traffic engineer came
up with and that's what they agreed to.
De Weerd: Yeah. I think we will ask Christie to respond to that one.
Anderson: That was our understanding. Maybe she has a more technical answer that
could help with that.
Meridian Ciry Council
May 20, 2008
Page 17 of 53
De Weerd: Okay. Council, any questions?
Rountree: On that issue, a couple. Lars has indicated conversations with ACHD and
getting permission from them, but the access would have to be granted by ITD. Do you
have authorization and access agreement with ITD?
Anderson: We started that process and because we don't own the land and it hasn't
been dedicated yet, we are not able to get that access agreement. So, our application
was tabled and they are waiting until that -- until East River Valley Street is dedicated.
Rountree: And that's my next question. If you don't own the land and at least what I
read there is not a whole lot of interest in selling the land -- or you're not interested in
buying the land, you, in good faith, said you would build the road, it seems that we kind
of have in impasse there or you have an impasse there. I'm uneasy with that situafiion
right now.
Canning: Madam Mayor'?
Rountree: Anna.
Canning: ~Maybe I can go through some of the timing. When fhe minutes were
amended the other day, it had -- we are changing the -- from in agreement to
immediately, those minutes change you made for January that affected two provisions
of the development agreement. One was with regard to the Kleiner north property that
this adjoins and, basically, what I would take from that immediately to me means upon
approval of the DA. Having no other time reference that would be the very first actions
you take. So, they -- the Kleiner north property is required to dedicate right of way when
they come in for annexation. So, the minute fhey come in that right of way is available
and could be constructed by Bach Homes. That gets a little bit to fihe Mayor's timing
question as well. I don't know when ITD or ACHD typically obtains those fees. It's
probably when the first preliminary plat comes in. The first preliminary plat would have
to come in fhe conditions of approval for the Center Cal and Kleiner properties, have
that plat as one of the very first items that needs to occur. So, I think that they would be
able to get the money for those -- those light improvements. The other issue I wanted
to remind Council of is this is the half mile mark, so it doesn't require a variance from us
for this location and they are lining up exactly across the street and that's why the right
of way shifted onto the Kleiner's property fully is because on the west side of Eagle
Road it was shifted southward a little bit. So, I hope that clarifies a few of those issues.
No?
Rountree: Well, Madam Mayor, I'd comment on that issue. It's a big if and given the
history of that particular piece of property it could be another generation.
Canning: Madam Mayor, Members of the Council, yes, it could and clearly their access
is contingent upon that property being annexed at this point.
Meridian City Council
May 20, 2008
Page 18 of 53
Rountree: And a request to do such.
Canning: Well, you have already approved the annexation. Ifs just the DA.
Rountree: But have they approved the DA --
Canning: No.
Rountree: -- with fhose stipulations? It may never happen.
Anderson: So, fhe worst case scenario, the way we understand it, is they would be,
fhen -- then, fhe annexation that took place January 8th would be void?
Rountree: It wouldn't be finalized.
Canning: It would be void after one year.
Anderson; So, I guess, yes, we are reliant on that being built. We did change our site
plan to face River Valley Street. Originally, one of our first site plans we faced Eagle
Road and asked for access on Eagle Road and that is why we also had the variance
request for access on Eagle Road and I guess we are --
Rountree: My comment's no reflection on you all. It's a problem.
Anderson: Yeah. Well, I guess worst case scenario, we would like to -- if it came back
to that, we could revise our site plan and come in off of Eagle Road, but that, as you all
know, is worst case scenario, we would not like to have another access on Eagle Road.
Bird: We wouldn't give you one.
Anderson: Yeah. So, essenfially, we are landlocked without that dedication of the right
of way, which is why we are so -- we needed Councilmember Zaremba to clarify those
minutes.
Zaremba: Well -- and I have -- my -- Madam Mayor. As I'm remembering the
discussion, that was the intent, was that they immediately dedicate, so that you are not
landlocked and prevented from getting anything. The rest of that argument -- or the rest
of the discussion at that time was they didn't know how soon they were going to get
there. And we, as a Council, were saying whether you get there that soon or not, the
first thing you're going to do is give over that right of way.
Anderson: And when they give fhat we are ready and willing to build the road.
Zaremba: So, if I may pursue a quesfion that kind of goes around that. Are you -- do
you have any question about where your property line is with them? They seem to be
questioning that.
Meridian City Council
May 20, 2008
Page 19 of 53
Anderson: No. We have had Scott Stanfield go out and survey the area. Scott, do you
want to add anything to that? Okay. We are going to turn some time over to Scott to
answer those questions, if that's okay with you.
Zaremba: Okay.
De Weerd: Thank you. Yeah. And, then, we will ask Christie after Scofit to comment.
Stanfield: Scott Stanfield with Manson Stanfiield Engineering, 314 Badiola in Caldwell,
Idaho. Got a list of things and I just added one thing to that. As Lars indicated, we had
our ACHD meeting a couple weeks ago and it was on consent agenda. The staff report
listed certain series of conditions, which we can comply with all of those, so, there is no
problem, in our opinion, with the highway district. Nampa-Meridian Irrigation Board did
give us conceptual approval of relocating the Stokesberry Lateral, aka Downey
Sublateral on our -- along our south boundary. That was a key issue in this site layout.
Without the ability to locate -- relocate the Stokesberry Lateral along our south
boundary, basically, all those buildings along the south boundary would be gone. So, a
huge impact. We did not get plan approval. My goal with Nampa-Meridian was not
waste time and efforts on their engineer reviewing the plans and the details, but go to a
board meeting with the actual board members and show them our concept and get
them to bless off on the direction we were heading and they were pleased with that. We
have even offered to put a root barrier along the north side of the Stokesberry Lateral
that would allow us to put in heavy -- heavy landscaping on the north side of the
Stokesberry Lateral. They have never seen fhat before and I think they are excited to
see this as a test case, to, hopefully, move forward in the future to allow landscaping to
occur next to their laterals. So, we are making a lot of ground with Nampa-Meridian,
again, directly with their board and they seem to be opening their eyes to some forward
thinking concepts, so --
De Weerd: So, that's the secret, go directly to the board.
Stanfield: Yeah. Go to their board. Call a special meeting and go to the board.
De Weerd: Note taken.
Stanfield: Yeah. We are -- we are doing our part by providing an ingress-egress along
the commercial side right here, so that neighboring property owners north, south, and
south, can utilize that as a backage road. That seems to be the trend along state
highways. You'll see an application a little bit later for this right here, but, again, we are
-- we are more than happy to provide an ingress-egress. Not much we can do beyond
fha#, because we don't control this parcel and we don't control this parcel. But being a
good neighbor we felt that was necessary to provide that opportunity. We think we have
mitigated all of the Council reasons for the previous denial, with the exception of the
covered parking and Lars addressed that. Nampa-Meridian is real adamant about no
structures within that Finch Lateral, aka South Slough. That slough, if you look at it, it's
Meridian City Council
May 20, 2008
Page 20 of 53
more like a drain. It does not have the appearance of a lateral. So, they are concerned
about angles of repose, whether if's open or closed, and angle of repose and washing
out and future repairs and maintenance on that. So, they are just real gun shy about
that Finch Lateral. That was also brought up in our special board meeting as well and
they -- they closed the door on any structures within there. So, we hit them with two
items. Successful on one and failed on the other one. So, that's why we have to keep
that variance request on the table and that is the only variance request. I think our first
application we had covered patio -- the parking -- or the patio for each unit, which we
are now providing. The Eagle access to temporary roadway, which we eliminated.
And, then, we had the variance for fihe covered parking. So, we are down to just one.
Commercial area to the west. Bach, they are not commercial developers. That's just a
concept. That's in no way what they plan on putting fihere. The current plans are just to
sell that off and let somebody else deal with access. They just aren't in the business of
doing commercial projects. But it's part of the overall parcel, so we had to include some
-- some mechanism. The ACHD staff report -- and I know Christie's here, so she can
elaborate on that, but as I recall, the original hearing wasn't necessarily River Valley
` Road, it was the lack of ACHD's input and ACHD's commission's and ACHD's staff on
our impacts to the traffic. We had no T.IS. We had no commission report. We had no
staff report. From I what recall. This time we had that and there is nothing that I found
negative in the staff report. So, we have gone and beyond what we did in the first
round, which is a good thing. In fact, that's why we tabled this from last month, because
ACHD staff acted on the report and everything was fine between us, but ACHD
commission didn't act on it yet. So, we thought we needed to wait and clear that hurdle,
unlike we didn't in the first go around almost three years ago. We discussed that Center
Cal had a condition for fiheir immediate dedication of this with fheir development
agreement. Bach is perfectly aware that if they don't move ahead we are stuck. But we
have to move ahead. We are at a point where we have felt we have waited long
enough and there is a lot of activity to the south and, hopefully, things will come
togefher. But if they don't, Bach won't get access and they can't build the units and they
are perfecfily aware of that risk. They could always come in with a variance request for
a temporary access, but, then, they are at your mercy again and you made it clear what
would happen at that point. So, we just wish you would approve us tonight, knowing
fhat we are all trying to work together and come to a joining point down the road.
Regarding the soufh property line, there is no -- to my knowledge there is no issue on
the south property line. The south property line is where it's at. At issue is the
alignment of River Valley Road and that's, really, not an issue. It shifted to the south all
ready right here and I cannot shift back to this quarter section line to the north, because
this section to fhe west is already built and constructed. So, it has to be shifted to the
south. If you remember, our first concept three and a half -- two and a half years ago,
had it centered on our property and we were quickly pointed out after there through the
neighborhood meeting with Center Cal last year that the intersection had to be shifted to
the south. So, no property line discrepancy, in my opinion, no right of way location. I
mean it is where it is. Our concerns with Center Cal were that if that north right of way
line is shifted too far south of our south line, that a spite strip would be created, thereby,
blocking our -- blocking our access. But that was taken care of in their -- in their
annexafiion requirements and development agreement conditions, that no spite strips be
Meridian Ciry Council
May 20, 2008
Page 21 of 53
created. So, I think that's fhe property line issue. I don't think there was an issue
regarding ownership lines; it was just where River Valley Road is going to be. Some
ofher things fhat Bach changed was the elevations used. I think Councilman Rountree
will remember better. I think your concern in your motion to deny or support the denial
was lack of material types provided, lack of roofing type, facades, and Anna went over
describing those, so I won't be redundant. But some of you were also concerned about
these end units just being a-- just a massive wall. We have added this little pop out
here and this roof structure here to kind of break that visual effect up. So, we think we
have accommodated that. And Lars already showed the pool area. I fihink there was
concerns about what that final detail would look like. And that pool~ area, if I could
maybe show that one more time, Randy. This is -- believe it or not, this is real close to
what that's going to look like. The landscape gurus took this plan view from our colored
elevation and did a 3-D rise of it, with these brick cabanas and fhe putting green area,
what you see is pretty much what you're going to get and it looks resort style, in my
opinion. So, we have added quite a bit more detail in the pool area. The clubhouse is
right back in here and you have seen fhose elevation views and the plan views in your
packet. So, quite a bit more detail on this round. And with fihat I will try and answer any
questions.
De Weerd: Okay. Council, any questions?
Rountree: I have none right now.
De Weerd: Thank you.
Stanfield: Thank you.
De Weerd: Okay. There were no others signed up to testify. Is there anyone else who
would like to testify? Where did Christie go?
Rountree: She knew it was her turn. She left.
De Weerd: Scott, did you have any comments, any further detail on the traffic counts?
Stanfiield: I'm going off my memory. Maybe Lars will take a cue and dig it out. But I
believe he's correct. It said ten vehicle trips per hour. Apartment complexes are
unique. They are not all in fhe morning, they are not all in the afternoon coming home.
Apartment style living is quite a bit different, believe it or not, than the single family unit
type living. There is professions here, fihere is laborers, there is a whole mix of people
in a nice apartment complex. So, your traffic counts are spread out all throughout the
day is what the IT manual indicates and I think that's where ACHD got that. And I hear
Lars thumbing through the report --
De Weerd: Well, Christie's back, so --
Meridian Ciry Council
May 20, 2008
Page 22 of 53
Stanfield: Okay. If she can elaborate on it. So, those were initially low, the way I read
the staff report from what I was thinking from a single family unit, because we are used
to ten per day per unit, but looking through the IT manual there is some justifications
there for the traffic counts on an hourly basis.
De Weerd: Okay. Thank you.
Zaremba: Madam Mayor'?
De Weerd: Yes.
Zaremba: While he's still there, just -- this is kind of going backwards, just a clarification
of what I fihink has been said on the parking spaces. With the exception of right in front
of the clubhouse at fhe main entrance and the parking spaces that are in the easement
for Nampa-Meridian, every other parking space has some kind of a cover.
Stanfield: Yes.
Zaremba: It's either a garage or a carport.
Stanfield: Yes. This north boundary, no covered along here. Kind of shaky. I took an
allergy medicine Singular and I just found out that they have a new warning label that it
causes hand tremors and that really made me mad, so --
Rountree: Just as long as it's not the Council.
Stanfield: No. It's the medicine. It's Singular. It's a new warning that they have. My
pharmacist told me about that. I said that's where that came from.
De Weerd: You should see me on muscle relaxers.
Stanfield: It's driving me up a wall, but -- it's probably going away. I bagged the
Singular and went to Alavert. Yeah, this will be left open right here. This -- and when
we talk the lateral, no covered parking on the lateral, let's make sure we say the Finch
Lateral, because we are providing on the Stokesberry, aka Downey, a garage here.
This is lefit open for the view corridor to the clubhouse. This is closed. Of course, these
in front of the unit are closed. So, they -- to repeat, the only open are along the Finch
Lateral and right in the entryway. Yeah. And the brown rectangles are carports. The
different colored brown rectangles are garages.
Zaremba: So, fhe answer is fhere are no other parking spaces available that you could
add covering to.
Stanfield: Correct, Councilmember Zaremba. Correct.
Zaremba: Okay. Thank you.
Meridian City Council
May 20, 2008
Page 23 of 53
De Weerd: Thank you. Christie. We want to make sure you don't get bored coming to
our meetings.
Little: Christie Little. I represent Ada County Highway District. 3775 North Adams
Street in Garden City.
De Weerd: Thank you.
Little: First, let me just read to you a little bit of the traffic study -- impact study that was
in our report. And this was taken firom Hales Engineering. Our traffic engineer reviews
the traffic studies fihat come our way and reviews the findings and if there is major
questions or concerns or deficits, we keep going until we get those. But, generally, we
provide the executive summary and with regard to the trip generation, generally
speaking, apartments do have a lower trip generation rate per unit than single family
dwellings do and with this particular apartment complex project, the daily trips for --
were projected at just over 2,000 vehicles per day. The morning peak hour trips, which
are the too busiest hours of the morning, are 157 vehicles per hour. The evening peak
hour trips, two busiest hours in the evening, are 189 vehicles per hour. And, then, we
have also got trips for weekends. But that's how these trips are broken out. That's how
our model is run, using p.m. peak hours. So, thafs fihe same information they gave us
there. What were your other questions?
De Weerd: Oh, I was just hung up on the simplified ten trips per hour.
Little: Okay.
Zaremba: That would be fhe average of the enfire 24 hours.
De Weerd: Yeah. That's the average. But peak hours are kind of the pique of our
interest.
Little: And that is -- Madam Mayor, that is how levels of service are calculated and
warrant analysis are all based on the peak hour trips. So, we are not looking at the
lowest volume of the day, we are looking at the peak hour trips.
De Weerd: Uh-huh.
Little: And, unfortunately, there is not a lot of information about the signal at River
Valley. In this staff report it does say fhat ACHD is requiring that the applicant provide a
road trust for one-eighth of the cost of the signal. These signals that are shared
between ACHD and ITD are somewhat difficult and the fact that ACHD doesn't control
when the signal goes in and ACHD is expected to fund the signal regardless of the ITD
leg. So, there is -- it's not just the applicant raising the confusion, it's just -- that's just
what we are faced wifh.
Meridian City Council
May 20, 2008
Page 24 of 53
De Weerd: Okay. Thank you. Questions for Christie?
Rountree: Oh, Madam Mayor'?
De Weerd: Yes.
Rountree: So, the conclusion, based on the peak hour traffic, there was no signal
warrant at this time?
Little: Madam Mayor, Councilman Rountree, there wasn't, based on the background
traffic. The traffic study did not take into account fhe specific proposal for the Kleiner
property. There was some generalities put there, but it wasn't -- it's difficult to ask
people to do fhat when we have got all of these question marks out in the air. So, with
just fhe background traffic and this application, a signal wasn't warranted. I would
anticipate if you put the two together, of course, then, it is. It just wasn't evaluated that
way.
Rountree: Okay.
De Weerd: When is it going to be evaiuated that way?
Little: When the Kleiner property comes in -- well, first of all, I mean just off the top of
my head, I know that a signal won't be warranted with just fhe apartment complex. So,
my guess is that when the Kleiner property comes in or anything adjacent to this site
that would be a large trip generator, we would see that, then.
Canning: Madam Mayor, might I ask for clarification?
De Weerd: Uh-huh.
Canning: Do you do fhat analysis at the time of preliminary plat application or does it
have to be actual building?
Little: Madam Mayor, we would -- when we get a preliminary plat application, we would
review that warrant analysis, then. Oftentimes it's a phased approach, like you have
seen with past developments in Meridian, you know, after the 200th lot or after so many
trips. So, we do track it by phasing. It would just depend on what they plan to come in
with first.
De Weerd: I guess -- and, I don't know, maybe our police department can more
comment. It concerns me having trips have full turning movement in this -- on Eagle
Road. You know, I guess that has always been my greatest concern is putting more
turning movements in a road that our police and fire already spend a majority of their
time on, So, are those consideratio.ns when you're doing the determination on if a
lighted intersecfion is required at that time?
Mericlian City Council
May 20, 2008
Page 25 of 53
Little: Madam Mayor, generally with signals related to new development, it's specifically
related to the engineering standards, engineering warrants, based on the ITD manual.
But common sense plays a part in there, too, obviously, and, you know, I was just
reading in fhe staff report here, even -- you know, the staff report spelled out the need
for ACHD and ,ITD and the city to work together to address those concerns and those
needs. I think it was just us making the reiterations that Eagle Road isn't under fhe
jurisdiction of ACHD and there is not a lot we can -- we can offer. So, I think that was
our way of suggesting that the city could jump in with concerns as well.
De Weerd: Okay. Okay. Thank you.
Rountree: Madam Mayor, I could make a comment on what Christie said. We don't
know where ITD will weigh in on this. I have a suspicion where they will, but they could,
as part of their access granting, require a signal.
De Weerd: Okay.
Rountree: And that would be as a result of a combined study with this project and the
applicafiion for the current owner.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: It would be my guess that even if ITD did require the signal for the access,
this applicant's participation in that signal wouldn't change from the one-eighth that they
have already committed to.
Rountree: ProbabJy not.
Zaremba: It's just a matter of timing on the signal I think. Is that correct?
De Weerd: Uh-huh. Okay. Anything further from Council?
Zaremba: Madam Mayor?
De Weerd: Yes.
Zaremba: This is kind of a sideways question, I guess, but there was a time when we
had a discussion about putting a deadline on development agreements from the time it
was acted upon by the Council to when fhe applicant was required to sign it and I know
we talked about six months, but I don't remember whether we ever really resolved that.
Do we have a deadline on DA's at this point?
De Weerd: One year.
Meridian City Council
May 20, 2008
Page 26 of 53
Zaremba: One year? Okay.
De Weerd: Okay. Any other questions? Do you have wrap-up remarks?
Anderson: First of all, are we clear, then, on the traffic report?
De Weerd: If you will just restate your name for the record.
Anderson: Lars Anderson with Bach Homes again.
De Weerd: Thank you.
Anderson: Do we feel like we are clear on the traffic -- on the traffic impact study, then?
I appreciate Christie from ACHD clarifying that and we have the same numbers that she
did after I looked at fhe traffic report and we appreciated that. I would like to comment
just briefly on the timing of the signal. It is really out of our control and we are pretty
small compared to the rest of the development around there and are willing, again, to
follow through with any of ACHD's requirements and pay for that one-eighth of a signal.
They have given us fhe option, as you probably can read in the staff report, to also add
the crossing going over the Finch Lateral, in lieu of using our money towards that,
because they are very interested in Allys Way continuing all the way to fihe north as
well. So, they are giving us two options in the staff report and we haven't chosen one or
fhe other yet to them fhat are equal. So, we will -- I guess we will decide that at a later
fime when we get closer to our final plat.
Stanfield: Mayor, Members of the Council, I just don't want to get hung up on this -- oh,
Scott Stanfield. On the right way.
Rountree: It's not the medication.
De Weerd.: You were hearing voices. You were.
Stanfield: Yeah. The right of way. Again, that all has to come together. If Center Cal
and the Kleiners are moving ahead with their development agreement for that portion,
that means they are moving ahead with a project. That means the light, in all likelihood,
is going to have to go in. That means now we have the opportunity to build fhat
roadway, which means now fhis signal is going to be there, because there is a reason
for it to be there. And without Kleiner's development agreement, that tells me they are
not ready to develop, that means there is no signal. That means we are not going to get
the right of way, so they are not going to finish their development agreement. So, I think
that will really take care of itself once that DA moves forward for their DA number two or
whatever they called it on the north side. So, it's not like we are jumping in. We are
building this and., then, we are waiting. The key is that DA and they certainly are not
going to pull the trigger until they are ready. So, I hope -- I kind of hope that helps. We
are just trying to do everything simultaneously and not miss our window of opportunity
and wait for them and come in and -- come in fiive years later.
Meridian City Council
May 20, 2008
Page 27 of 53
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: As we continue fhe discussion, more and more of my recollection fills in as
well and I think the upshot of the discussion where we finally made the motion that they
would dedicate this immediately and get fhat into it, was that they were proposing a
phasing plan that started from their south and went in like five phases until they got fo
where this was going to be and they had made the request that they not do anything
about this easement or dedication or roadway and knowing that the alignment had to be
where it was, fhat that's what generated the saying, you know, this needs to be the first
thing you do is get this dedicated, just for fhis purpose, so that this property, one, didn't
need access to Eagle Road and, two, wasn't held up by a neighbor who was developing
in phases from fhe soufh. So, hopefully, that DA will get done quickly.
Stanfield: Correc#. And that was my recollection, too.
De Weerd: Okay. Anything further from fhe Council?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Quesfiion for Anna. On the covered parking, is there an alternate compliance
and fhere are -- some of the things that they are proposing with respect to pathway
down the drain and a pedestrian crossing and those sorts of things, as opposed to
providing covered parking, was that taken into consideration in the staff's analysis and is
if fair to take that into consideration?
Canning: Madam Mayor, Members of the Council, my -- I believe that the alternative
compliance is not available for parking standards and this is a parking standard. It's
available for shared use and -- and alternate times of use, but that's the only part of the
parking provisions that were open to alternative compliance. It's not like a landscape
chapter where the whole thing is fair game, there was -- we didn't have alternative
compliance for parking standards:
Rountree: Madam Mayor, follow up. If you would refresh my memory on the
requirement for covered parking.
Canning: The requirement is if it's a one bedroom unit, you have to have one covered
and one can be uncovered. If ifs a two bedroom you have to have two covered.
Rountree: And to accomplish what end?
Meridian City Council
May 20, 2008
Page 28 of 53
Canning: Why do we require the covering? Well, we -- when we were drafting the
Unified Development Code we had a developer of several successful apartment
complexes in the Boise area come and talk to us and about what are appropriate
standards for multi-family developments and he felt that that was really one of the key
ones was having the covered parking. I think it was generally that the -- the quality of
the development and the kind of presence it makes in the community was much higher
than if you don't provide the covered parking. -
Rountree: And that's my recollection as well, that it -- it tends to not create a situation
where you have trailers parked and RV's parked and derelict vehicles parked out in the
open and kind of in places that are not seen. And do we have parking requirements in
our ordinance fhat would take care of a portion of that on private property or could we
add something to that effect to fhe DA if we were to consider the variance?
Canning: Madam Mayor, Members of the Council, this is a conditional use before you
as well. You could just put it in the Conditional Use Permit for the multi-family
development would be the cleanest way to go.
Rountree: Madam Mayor, another -- another piece -- a piece that I'm concerned about
and to you all, you have done an excellent job of listening. I think you have picked up
on what -- I know what I said anyway and I think everybody else, possibly. But this
whole issue of your asking us to give you an entitlement with annexation, an entitlement
that could very well -- well, will go with the property, but you may never be able to
consummate the deal here and, then, it filips and, then, we have an entitlement and
some leverage, I guess, with the DA, but it still could get into a situation where we could
be in conflict. My question to Anna with respect to that, can we -- could we condition as
part of the development agreement or the conditional use the duration or timing of the
annexation, that if there is a failure to annex the property to the soufh and complete the
access, that at some point in time the annexation is null and void?
Canning: Madam Mayor, Members of the Council, that's why I walked around to Mr.
Baird a bit ago and his -- he was reluctant to see Council go that way. The more
appropriate course of action may be to just continue it. And I would even say week by
week to see what's happening on the Kleiner property. I had expected to see
movement one way or the other on that a couple weeks ago. If it's going to happen, it's
probably going to happen soon. I don't -- if it's going to fall apart, it's going to happen
soon also. So, that may be the -- a course that the Council could consider as well.
Rountree: I guess, Madam Mayor, my issue with that is that this will be a multiple term
for me that are not necessarily consecutive, but I can go back about 15 or 20 years and
it's going to be real soon now. The history is not good. That's my problem with this, is
that we could be, like I said, another generation away from something happening there.
Not that the desire to do something out there isn't there, but we just have some issues
with getting agreement. Well, anyway -- so, fhere is hesitancy on the part of Mr. Baird
and legal to attempt to do that and if you could help me with fhat --
Meridian City Council
May 20, 2008
Page 29 of 53
Baird: Madam Mayor, Members of the Council, Councilmember Rountree the statute
just does not provide for a conditional annexation. Once you're in, fhe entitlement's
there, the property is endowed with it. You can initiate de-annexation proceedings, but
you can't condition that into your initial approval. That's why it seems to be that staff is
suggesting that the access is a concern, that that be resolved before you make the
action of granting the annexation, because that's the hammer that you have to require
the applicant to solve that problem.
De Weerd: Mr. Baird, I guess my question, then, would be can you annex it on that
contingency of the year -- year's time and, then, make the contingency on the
conditional use, that it stay under single ownership. If a new owner were to come in, fihe
condifion use is null and void?
Baird: Madam Mayor, certainly the conditions on the conditional use you could
implement, but the annexation would stand. It would be a property that's inside your city
and --
De Weerd: But I guess in that year's time, then, you could initiate the de-annexation -- I
don't know. I'm just trying to find --
Rountree: Madam Mayor, let me explore another angle here. Now, this dialogue is all
kind of along fhe lines that there is a possibility that somebody's going to move to
approve fhis, but could there be a motion to approve the annexation and hold the
ordinance until suah time as the access agreement situation is done? I mean we have
an applicant, apparently, that's willing to take, in my opinion, an extremely large risk.
Now, we can take care of their risk real easy by saying no.
Baird: Madam Mayor, Members of the Council, Councilmember Rountree, a couple of
things come to mind that I don't want to give you legal advice in an open session. I
guess what I'm getting at is once you make a decision on the record, the party that has
that in their pocket can take action to force you to consummate and if they are ready
to --
Rountree: There is a time limit.
Baird: Yeah. Yeah. So --
Bird: Madam Mayor?
De Weerd: Mr. Baird -- just a minute, Mr. B'ird.
Bird: Go ahead.
De Weerd: Can maybe this be continued for a week and you can bring back some
options to Council to consider'?
Meridian City Council
May 20, 2008
Page 30 of 53
Baird: Madam Mayor, that's an excellent idea. These things just come up and they do
hinge on fhe statutory language that we might want to take a little time to digest, look at
the case iaw --
De Weerd: Maybe the applicant has some ideas they can work with staff on as well. I
guess instead of us trying to create something that might not work for us or might not
work for you, it.might help to have a week to consider the different choices.
Canning: Madam Mayor, Members of the Council, if Council decides to go that way, I
would ask that you just leave the Public Hearing open for the question as timing of the
improvements and timing of annexafion, rather than the project itself. Unless you have
concerns about the use. If you have outstanding concerns about the use, certainly,
leave it open, but if not, if we could close that portion that would be helpful.
De Weerd: Okay.
Rountree: Madam Mayor, my concern is about the access issue and the timing of that
and fhe entitlement if we do something without that. So, I would be interested in
exploring that particular issue and, then, making a decision yea or nay.
De Weerd: So, you can continue it on -- on that basis.
Rountree: Well, that's my position. I don't know about the rest of the Council.
Borton: Madam Mayor?
De Weerd: Yes.
Borton: I agree with Councilman Rountree. That's the focus of my concern and in
regard to the other issues, I think I agree wifih counsel and applaud the applicant in the
changes that were made. There is many of them that we have seen and I appreciate it
and understand in particular the reason also for the variance, I just throw out the
comment that I'm supportive of it in light of what we have heard and the jusfiification and
the challenges that the site's provided. So, the focus of my conaern also is the timing of
fhat access to Eagle. I'm concerned about annexing and entitling a property without any
access or control to have access. I appreciate the applicant's comments on that risk, .
but I would be inclined' to continue -- if a week's enough. It might be a couple. ,
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I have a problem, like the other Councilmen, approving a nice development that's
landlocked and that's what they basically are is landlocked. I don't think a week from
now you're going to have a decision whether fhat road's going to be available or not. I
don't know if we ever are and I don't know how we are going to figure that out. I
Mecidian Ciry Council
May 20, 2008
Page 31 of 53
applaud you, you guys went back and did everything we asked, you did a beautiful job,
it's a nice project, I just wish there was a way we could get you a road down fhere. But I
don't know if we can do it in one week or two weeks or what and have some answers. I
don't know. .
De Weerd: Well, I think Director Canning suggested maybe a week by week, but at
least we can get some answers to fihe access and some recommended -- or some
options and I know I don't have my crystal ball with the Kleiner piece right now, but we
can see where we are at next week and work with the applicants on the timing of this,
so -- any comments from the applicant?
Anderson: Our comments are we specifically waited until Center Cal's approval of their
annexafiion for us to even make application and we have been waiting, as you know,
several years and, then, last month we were continued again. So, this is a continuation
already tonight and our fear is being confiinued again. We -- because our -- we want to
be annexed, obviously, even if the -- a road -- the right of way is up for discussion, that's
already been approved -- their annexation was approved in January 8, so we feel like
we have already got Center Cal on the hook, so to speak, to dedicate their right of way
and so we are following the process every step along the way and that we not be
continued, that we get our annexation and our Conditional Use Permit and our variance,
so that contingent -- if you can put it in the development agreement, contingent on
Center Cal's development agreement dedicating that right of way, we would be okay
with that. We understand your position fhat you can't force someone else to develop,
but if we could at least get approval on our piece, then, we don't have to come back for
that and we can wait for a-- fhe development agreement to be approved on the Center
Cal property or Kleiner property, however you want to call it. Yes. Again, we are
moving ahead at our own risk. As you can see, we put tens of thousands of dollars so
far besides the cost of the land into it and so we are anxious, of course, to move ahead
and we feel like the apartment community is needed in the city, that we will -- as soon
as we build it we will lease it up quite quickly, beaause it's a-- it's a need -- multi-family
housing is needed in this area. Thank you for your time.
De Weerd: Thank you. Okay. Council, what's your direction?
Rountree: Madam Mayor, I'll throw something out here as soon as I find a date.
Borton: Madam Mayor'?
De Weerd: Mr. Borton.
Borton: While Councilman Rountree is looking at dates and if there is -- might be a
discussion on continuance, I guess I would ask the applicant -- I don't know, did you
travel up here from Utah?
Anderson: Yes. We -- our office is in Salt Lake City.
Meridian City Council
May 20, 2008
Page 32 of 53
Borton: So, I'd ask you if there is a continuance, is there -- one way we can go is, you
know, set it out a ways so you're not making plans to fly up and back every week and,
then, if somefhing gets resolved, put it on an earlier agenda. I'm just trying to
accommodate travel schedule, so you're not coming back and forth.
Anderson: Yes. Of course, if we are not continued, which is our hope, that would allow
us to proceed with the process of platting and --
De Weerd: I think you're going to be continued.
Anderson: Yeah. We will come back as needed. It's an important project to us.
Rountree: At this point the 27th is pretty shy of activity, unless you can tell me Olive
Tree is going to take all night. Okay. So, the 27th would not be bad. The 3rd at this
point is even lighter, but it certainly will fill in.
De Weerd: I fhink staff can probably have the information back to you next week. I
don't know about fhe Kleiners, but if's a day-by-day process there. Mr. Zaremba.
Zaremba: This, again, is a sideways question, but there have been -- the 27th is an
election day. There are no city offices up in this election, but there have been times in
the past where we did not have a City Council meeting on an election day.
De Weerd: Oh, who cares.
Zaremba: Is that an issue or not an issue? .
De Weerd: Is there anyone on Council that cares?
Baird: Madam Mayor, if I could chime in on that. We took a quick look at the statutes.
There is no statute that prohibits you from meeting. If there is a concern about keeping
people from the polls, you can go on record requesting that we not start any public
hearings until 8:00 o'clock on that particular night. That will allow you to get your staff
reports out of the way and possibly take a short break.
Zaremba: Thank you. That would work for me.
Rountree: Given that information, I would move that we continue the public hearings on
Items 14, 15 and 16 until our next regularly scheduled meeting on May 27th, directing
staff to provide us some research on annexation, entitlements, and if there are any
methods in which an application of this type could be conditioned and to accommodate
the unknown aspect of access.
Zaremba: Second.
De Weerd: I have a motion and second. All those in favor of the motion --
MericJian City Council
May 20, 2008
Page 33 of 53
Borton: Madam Mayor?
De Weerd: There is no discussion on these kind of motions.
Borton: Oh. Okay.
De Weerd: All those in favor say aye. Any nays? Did I hear all ayes? All ayes.
MOTION CARRIED: ALL AYES.
De Weerd: Okay. You need additional --
Borton: Madam Mayor?
De Weerd: Yes.
Borton: Just a question to try and make sure no one's time is wasted. One of the
components which seems to be a huge challenge is the execution of the DA on the
Kleiner property and without that we might be indefinitely stuck and if that doesn't occur
within a week or a monfh, while we might get a lot of information, are we going to be in
a position where we can actually take action?
Baird: Madam Mayor, Members of the Council, what I understand the direction to legal
staff is to see if there is some tool that would allow you to take action on this application
without having that --
Borton: Okay.
Baird: -- in place. Again, our off-the-cuff response is that we believe fhe statute doesn't
give us some tools, but I think given a week to reflect on it, do a little bit of extra
research, we can come back and definitively give you some options or tell you that
annexation is your -- your only hammer.
Bird: Madam Mayor'?
De Weerd: Yes, Mr. B'ird.
Bird: I need to ask a question. Actually, in a DA we can put stipulations whatever we
want in it. A DA is what fihat is for is to put stipulations and to control development. I-- I
don't know. I hope that next week, whatever comes back, we at least act on it; we don't
jack these people around for another year.
Rountree: I agree.
Zaremba: That was my intent as well. Do something next week.
Meridian City Council
May 20, 2008
Page 34 of 53
De Weerd: Uh-huh.
Stanfield: Is the Public Hearing still open? Scott Stanfield --
De Weerd: Well, no, we just, actually, continued it, but if you have a question for
clarification.
Stanfield: I just want to fhrow one more option out while Christie's here. We are
forgetting about this, Allys Way. I think there is an eighth of a mile or a quarter mile
gap. If this falls apart, Bach has spent so much money on interest on this land they are
probably not going to walk away from it. We could concentrate our resources on
building this gap, instead of this gap.
Rountree: Okay. We give you a week to explore that.
Stanfield: Yeah. Just another tool in the tooibox.
De Weerd: Yes.
Rountree: Good point.
De Weerd: Thank you. Well, this is continued, Item 14, 15 and 16, until next week.
Thank you.
Item 17: Continued Public Hearing from May 6, 2008: TE 08-003 Request for
approval of an 18-month Time Extension to obtain the City Engineer's
signature on the Final Plat and commence the use in accordance with the
condifions of approval of AZ 05-016, PP 05-023, CUP 05-024, FP 06-011,
PS 07-003 and TE 07-004 for Umbria Subdivision (aka Silver Oaks) by
Ten Mile Development, LLC - north side of West Franklin Road,
approximately'/ mile west of North Ten Mile Road:
De Weerd: Okay. Item 17 is also a continued Public Hearing from May 6, 2008. I will
ask staff, Anna -- who is not here. Oh. We will take a five minute break.
Rountree: There she comes.
De Weerd: That five minutes was very fast. We are still on the record. Okay. Item 17
is a continued Public Hearing on TE 08-003. I will ask for staff comments.
Canning: Madam Mayor, Members of the Council, this is a continued Public Hearing for
Umbria, also known as Silver Oaks. It is located at Ten Mile and Franklin just west of
fhe future church site and this is a time extension for final plat and Conditional Use
Permit approval. I think I have a picture of the plat there. Sorry.
Meridian City Council
May 20, 2008
Page 35 of 53
De Weerd: I was going to say, thaYs a nice plat.
Canning: There we go. The approved final plat consists of one multi-family residential
building lot and, then, one commercial building lot and one irrigation lot. The approved
Conditional Use Permit consists of a planned development for 70 multi-family structures
on a single lot with private public clubhouse, park, and multi-use pathways, zoned R-15
and, then, a commercial day care office building zoned L-O. And those are on the south
portion of the site. The gross residential density is ten units per acre. The -- I put
county. I must have been doing county stuff today. The city continued the application
to give staff time to prepare an analysis of how the Ten Mile plan relates to the property
and to find out if the project was required to provide surety for half the cost of the culvert
bridge across the Kennedy Lateral. Mrs. Watters provided Council with a memo
addressing both those issues. The short summary is that the land use is consistent with
the plan. The collector road, as kind of pulled out that portion there, is somewhat
inconsistent, but the applicant is providing a street stub to the west property line. So,
right now it shows an arcing collector through the property. Instead, it will follow this
line. . But it is a public street connection to the west and we were aware of this
inconsistency when the Ten Mile plan was developed. The thought was if this project
didn't materialize at all, we could look for a different option with regard to the road
layout. Also ACHD is holding a road trust for the Kennedy Lateral crossing and, then,
finally, fhe applicant has taken the opportunity to -- during this brief continuation to
develop new elevations and site plan revisions that as staff we believe are superior to
those previously approved and I can go through some of that with you. You may want
to ask fhe applicant if they have additional information. So, the previously approved site
plan is on fhe right. The applicant is sficking with the general layout, but has kind of
called out three different areas and, then, has proposed a specific number of units for
each of those areas to provide variety, basically. The color represents variety and,
then, the three areas represent variety as well. Here are some of the conceptual
building elevations. This is the prairie style. So, these are four-plexes still. There are
two entryways there, so you have the four doors, but they cleverly made it look more
like a single residential building. Same on these. These are also the four-plexes and
this is fihe -- I can't see that far. Cape Cod style. There we go. These are the
Mediterranean style. So, those are all the four-plex units and you can see here -- each
of them has a stairway. This is the first floor, so that -- the first floor enters here, but,
then, the second story enters from the ground floor and has a stair well. Dean was
yelling at me, because I was leaning forward, because I can't see these at all, so --
these are the row houses and this is a different elevafion fhat I think we are going to
come up on here. Oops. I must -- I might have missed the row houses. I'll let the
applicant go through that. Okay. And with that I'll answer any questions Council may
have. ~
De Weerd: Council, any questions?
Bird.: I have none.
Rountree: I have none.
Meridian City Council
May 20, 2008
Page 36 of 53
Zaremba: Madam Mayor`?
De Weerd: Mr. Zaremba.
Zaremba: Even fihough there are three zones shown with the outlines, it's still platted as
one piece of property; right?
Canning: Yes.
Zaremba: There doesn't seem to be an intent to sell the individuals, to keep the whole
-- whole subdivision and operate it themselves; right?
Canning: No, sir. The intent would be condominiumize all the units and sell them as
individual units.
Zaremba: Oh. Okay.
Canning: And you will note they are calling them out as condos.
Zaremba: Okay.
Canning: And the applicant can go through the general quality of the development and
the interiors and his vision for the project. He has a much different vision than Silver
Oaks originally had.
Zaremba: Thank you.
De WBerd: Okay. Anything further, Council, at this point?
Bird: I have none.
De Weerd: Okay. Would the applicant like to comment?
Erhart: Thank you, Madam Mayor and Members of the City Council. It's been an
interesting evening and thank you for hearing from us.
De Weerd: If you will, please, state your name and address.
Erhart: My name is Milt Erhart and I live at 9540 West Pebble Brook Lane, Garden City.
De Weerd: Thank you.
Erhart: And I also want to thank you Anna and her staff. They have been more than
pleasant to deal with and work with and truly we appreciate the input that they have
been willing to give us. For those of you who do not have the opportunity of watching
Meridian City Council
May 20, 2008
Page 37 of 53
my favorite show, which is American Idol, and i feel sorry for you, tonight was the final,
but, apparently, David Archuleta knocked three home runs tonight, so that's -- that's
what I got in one of the interruptions of the phone calls.
Rountree: Did you Tivo it?
Erhart: We are not that sophisticated yet, but, hopefully, you are. Graye Wolfe, who is
one of the owners of the property, just came in a second ago and Robin LaBrie is here,
who did the revisions as far as the elevations. After last meeting I contacted Robin,
because I felt that she had done some very creative work around the valley and she
came up with the concepts that you're looking at tonight. Basically, three distinct
approaches, row houses, and two different concepts as far as the condos and if you
have specific questions you will really want to ask her. And my intent -- our intent, I
should say, was to take a sow's ear and turn it into a silk purse. So, I'm hoping tonight
that you will conclude that that's exactly what has -- what has happened here. Wifhin
these three designs there is three variations within those designs. So, in effect, you will
have nine different, quote, looks within this project and the square footage has been
increased -- I know there can be some variation, but all of these units run anywhere
from a little over 1,200 square feet .to over 1,500 square feet, where previously we were
dealing with about 1,100 square feet. There are some limitations, of course, due to the
footprint that is already there, but I think given that footprint and given the creativity that
she's put into it that we come back to you with what I think could be a very nice silk
purse for the City of Meridian. So, with that I'll make no more comments, unless you
have questions and specific questions to Robin or to Graye.
De Weerd: Thank you. Council, any questions?
Bird: I have none.
Rountree: I have none at this point.
De Weerd: Okay.
Zaremba: Madam Mayor, my original question was on the crossing and that has been
answered, so thank you.
De Weerd: Gosh, I'll make a comment that I hated this project. You know, I have
always been so politically correct. And, you're right, this is just -- you can't even call it
even close to the same project. So, thank you.
Erhart: Thank you.
De Weerd: Okay. This is a Public Hearing. Is there anyone who would like to
comment on this application? Okay.
Meridian City Council
May 20, 2008
Page 38 of 53
Wolfe: Madam Mayor and Council, I'm Graye Wolfe, I'm a partner in Ten Mile
Development, who owns the project, and as you know --
De Weerd: If you will give your address as well.
Wolfe: I'm sorry. 9418 North Winterwood Lane in Boise.
De Weerd: Thank you.
Wolfe: We sold this property -- actually, contributed this property to a partnership with
Rick O'Neil from Charter Builders and Charter was the original applicant on this deal
and it's been as painful as what you just mentioned -- it was painful to watch this thing
kind of deteriorate and go by the wayside and went into foreclosure. We had a-- we
subordinated to a loan with Banner Bank. IYs been one thing after another. Finally got
the property back. Talked to Milt and Milt's worked very hard, along with his architect, to
get this thing to a point where I think we have really got somefhing that's nice here. Joe
Stafford and I are partners in the property and we will do just about anything we have to
do to make this fhing work with Milt. We believe -- you know, and I think you are all
aware of the fact that I own the property at Ten Mile and Franklin, worked with the
Cherry Lane Christian Church on that project. Own fhe storage units next to it, so I'm
very familiar with the area and the commercial building on the front, the way the
property lies, the elevations, it was a challenge to do what Milt's done, but I think he's
really pulled it off with his architeat very well and I think this is something with -- the
whole impact of that areas wifh the Ten Mile interchange, it's going to be a very very
nice thing. If fihe rail happens, which I think -- I'm hopeful that it will, I think this will really
add to the area a lot and we are very excited about, hopefully, having you guys be
positive about the project now. So, with fhat I just am very, very positive about what
Milt's done and we have turned this thing around I think to a point we finally have
somefihing now that will work, instead of what Mayor de Weerd referred to it as, so --
okay. Thank you very much.
De Weerd: Thank you. Okay. Any further comment?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I would have a question for Robin, if she would be so willing.
De Weerd: If you will state your name and address.
LaBrie: Robin LaBrie. 288 Sigmore, Boise.
De Weerd: Thank you.
Meridian City Council
May 20, 2008
Page 39 of 53
Rountree: And I don't know if you have anymore on Anna's CD about this project, but if
you'd explain your intent and maybe go through some of the elevations and how we get
nine out of the three and the difference between a row house and condo and --
LaBrie: Well, he approached me recently, after the last hearing fhat I was not at, and
said that you guys wanted a new look and he wanted to switch it from apartments to
condos that he could sell and so the original plan, I believe, just had one floor plan and
elevation and that's not what, apparently, you guys were wanting and what he wanted,
so what I tried to do is make the units more salable, so what I did is I came up with four
different building floor plans. Two of the floor plans have people living on different
floors, so you'd have two families downstairs, finro families upstairs and that was the
layout for finro of fhe buildings and, then, the third building was vertical ownership. What
I wanted to do was get fhe -- the doors on the main Jevel, regardless of where the living
spaces were, to make it feel like a home and I don't really like a lot of repetition, so what
I was -- what I thought would look good is just to have neighborhoods -- which is on the
site plan and drew it in just blue outlines, you know, where you could drive through and
you could have a Mediterranean kind of feel and this is all conceptual. I've had like a
week to do this. So, you know, just different architectural styles and you could take the
three buildings and each one has -- you know, it could be in each of the three styles
and, then, Milt and I were talking about, you know, if this all gets going and he starts
building it, I can go in and personalize eaah one, just different colors and maybe change
up the materials and at this point just conceptual, make it more interesting, more color,
more life.
Rountree: Thank you. My comment is we have had applicants that have had six
months and not gotten it and you have done very well in a week.
De Weerd: You need to do more work in Meridian.
LaBrie: Well, I would love to.
De Weerd: Or Milt does. Okay. Anything further from Council?
Rountree: I have nothing.
De Weerd: Thank you.
Canning: Madam Mayor, Members of the Council, if you're so inclined, you may want to
include the new elevations as substitute for fihose within the existing conditional use.
That's one of the time extensions before you.
De Weerd: We certainly don't want to keep the old elevations.
Canning: And, Madam Mayor, Members of the Council, with regard to the site plan,
they are offering three areas. I'd like to leave them some flexibility, because of the
Meridian City Council
May 20, 2008
Page 40 of 53
rigidness of the road at this point, because it is in -- or the utilities are in. I'd like to leave
them as much flexibility as possible on the site layout, would be my only comment.
De Weerd: Thank you, Anna.
Bird: That's great.
De Weerd: Okay. Council, any further informafion needed?
Bird: Not me.
De Weerd: We do have an open Public Hearing. Do I have a motion to close? Oh, I'm
sorry does the applicant want any concluding remarks? Okay.
Bird: Madam Mayor?
De Weerd: Yes, Mr. Bird.
Bird: Hearing no more, I'd move fhat we close TE 08-003 Public Hearing..
Borton: Second.
Zaremba: Second.
De Weerd: I have a motion and a second to close the Pubiic Hearing on Item 17. All
those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
De Weerd: Okay. Council, you have a fime extension in front of you.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve the time extension to come from May 20fh, 2008, to -- let's
see, they want 18 months, so that would be November 20th, 2009, time extension.
Rountree: Is that with new elevations and concept?
Bird: Well, with the -- yeah. And to note the elevations as shown. The three elevations
as shown at the May 20th, 2008, Public Hearing to be included.
De Weerd: Before I ask for a second, is -- did you have a comment, Anna?
Meridian City Council
May 20, 2008
Page 41 of 53
Canning: Madam Mayor, Members of the Council, I believe the code requires the
continuation be based on the date of your previous approval, not on tonight's date, so
I'm trying to look that up: I'm a little -- can't go find my staff report --
Bird: I thought that was right, but I didn't know -- I didn't have it, so I just thought I'd use
this one.
Canning: The date -- it would be 18 months from April 11th is what the applicant said.
Bird: From April 11th. So, it would be October 11th, 2008.
De Weerd: Okay. Do I have a second?
Rountree: I'll second that.
De Weerd: Okay. V1le have a request for an extension of the TE as requested. Any
discussion?
Borton: Madam Mayor?
De Weerd: Yes.
Borton: Is it -- is the extension continued upon the replacement of these elevations?
De Weerd: Yes.
Bird: Yes. That was part of fhe motion.
Rountree: Elevations and concepts.
Bird: And concept.
De Weerd: Okay.
Borton: Thanks.
De Weerd: Nothing further? Madam Clerk, will you, please, call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea.
MOTION CARRI'ED: ALL AYES.
De Weerd: And thank you.
Rountree: Madam Mayor, if I might -- and I don't think the rest of the Council knows
this, but Milt is one of the folks that have generously donated a whole lot of time to sit on
Meridian City Council
May 20, 2008
Page 42 of 53
the design -- Meridian design guide review and I really appreciate the time and energy
he's put in. He's been very constructive and come up with some very good points, the
few times I have been there, and I apologize for that, but he's been a dedicated folk to
that process and I think this application reflects his genuine interest in providing an nice
product for the City of Meridian. Thank you, Milt.
De Weerd: Thank you.
Canning: Madam Mayor, I fhink both Pete and Will would say that sometimes maybe
Milt is fhe only friendly face in the crowed and certainly appreciate his presence greatly.
De Weerd: Thank you, And thank you again. Now, I think American Idol is probably
over by now, but -- you know, at least you're done here.
Item 18: Continued Public Hearing from May 6, 2008: VAR 08-004 Request for
a Variance to UDC 11-3H-4B.2.a, which prohibits new approaches directly
accessing a state highway to allow a temporary aceess to SH 55/Eagle
Road for Great Wall Restaurant by Kinsan Chan - 2590 North Eagle
Road:
De Weerd: Okay. I#em 18 is a continued Public Hearing from May 6 on VAR 08-004. I
will ask for staff comments at this time.
Canning: Madam Mayor, Members of the Council, this is the Great Wall Restaurant
project. If's located to 2590 North Eagle Road. On the east side of Eagle Road,
approximately 2,000 feet south of the Ustick-Eagle intersection and immediately north of
the Bach Homes property. Or northwest. The proposed development -- fhe applicant is
requesting a variance from the access to -- direct access to the state highway and he is
asking for Council to allow a temporary access to Eagle Road for the Great Wall
Restaurant at such time as access can be provided to the site, either from the soufh via
frontage road from the extension of River Valley Drive, so going south to the half mile.
Or crossing the South Slough and getting -- gaining access from the north. At that point
use of the access would cease. They are just asking for temporary access. The
property was annexed and zoned C-G, with the Red Feather Estates No. 2 application
in 2004, prior to Mr. Chan purchasing the property. Because the use of the site has
changed from residential to commercial, access is no longer allowed from the state
highway. That's one of the triggers wifhin the code. The owner of the site shall develop
or otherwise acquire access to a street other than the state highway and the existing
approach shall cease. That's language from the code. Currently there is no other
access available to this site, as the adjacent properties have not yet developed and fhat
you heard quite a bit of that discussion earlier. Access to River Valley Street to the
south of the half mile, hopefully soon to be extended to the east side of State Highway
55 by this property, is dependent on three other properties redeveloping, these finro
properties, and, then, the Bach Homes property. Or a bridge must built across the
South Slough from access from the north, but we have not had any activity on this
property to the north. For fhis reason neither of these options is likely to occur in the
Meridian City Council
May 20, 2008
Page 43 of 53
very near future and for fhis reason the applicant is requesting a temporary access to
Eagle Road until an acceptable means of access is available. To grant a variance the
Council needs to make the following findings: One, the variance does not grant a
special.right or privilege that is not otherwise allowed in the district. The variance
relieves an undue hardship because of characteristics of the site and the variance shall
not be detrimental to the public health, safety, and welfare. Staff believes that granting
a variance would allow a right or special privilege that is not otherwise allowed for
properties that are adjacent to a state highway. Staff also finds that granting the subject
variance would be detrimental to the public health, safety, or welfare and that the
potential for accidents would increase significantly with vehicles slowing down to turn
into the site and exiting the site and merging with traffic traveling at high rates of speed
on the highway. Staff realizes that fhe dependents of adjacent properties to develop
first to supply the access required by the UDC for this property does create an undue
burden or hardship for the applicant. However, staff cannot support an access point
fhat would affect the safety of the public. Further, in order to make the findings for
approval of the variance you're supposed to be able to make all three findings and staff
does not feel that they can do that for the mentioned -- the reasons I mentioned before.
Further, fhe proposed temporary access does not meet ITD standards for access to a
state highway. Therefore, staff is recommending denial of the variance application.
And with that I will answer any questions Council may have.
De Weerd: Council, questions?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Anna --
De Weerd: You're next. Thank you.
Rountree: Okay. Now I know where I'm going. Has ITD provided a letter on this and
indicated --
Canning: Yes, they have. I'll have to dig in the file and get it, but we do have Exhibit B-
1, if you have your staff report out.
Rountree: No.
Canning: Okay.
Rounfiree: I'd have to find it. I thought it easier to ask.
Canning: I will do that for you.
Meridian City Council
May 20, 2008
Page 44 of 53
Rountree: Along with fhat -- and I may have missed this in your -- in your rundown, but
in the original granting of annexation is cross-access provided on this piece of property
to the property to the south?
Canning: I do not believe so. At the time --
Rountree: Is it the lateral?
Canning: To the north is the lateral, the South Slough. Or -- yeah. To the north.
Rountree: Okay. So, it would be to the south.
Canning: To the south -- no. I don't fhink we required it at fhat time. We didn't -- we
didn't have the access policies at the time it was annexed and we didn't have much on
the Red Feather, these two connecfing commercial properties for Red Feather.
Rountree: Okay.
De Weerd: Mr. Zaremba.
Zaremba: Madam Mayor. Would you show a view where you can outline what fhe
underlying Red Feafiher property was when it was annexed and Red Feather Estates 2,
which this is a part, is what is the whole Red Feather Estates 2?
Canning: Red Feather -- I can only show you a portion of it. This is the most western
portion of the residential development and, then, their annexation parcel was fhese
three large -- or this one very large commercial property. This one, which apparently
has an industrial zoning and fhe Great Wall property. And this was their annexation
path for contiguity.
Zaremba: Okay.
De Weerd: Okay. Council, any other questions before I ask the applicant for comment?
Bird: No.
De Weerd: Okay. Would the applicant like to come forward? Our process is staff has
comment -- sir, hold on. Just a second. Our process is staff comments, then, the
Council asks questions and, then, we ask you to come up.
Fairchild: My name is Mike Fairchild, I'm the architect representing Mr. Kin San Chan.
We ask the Council to table this. We have decided to go a different route. I was just
trying to stop all this before -- because we are just asking to table it, we are going to --
we are going to explore different alternatives to this. We don't see that we will get the
access anyway. We have got other ideas. We just ask to table it tonight and we will
continue it later.
Meridian City Council
May 20, 2008
Page 45 of 53
Rountree: Madam Mayor, if I might ask a--
De Weerd: Mr. Rountree.
Rountree: Do you have a time -- do you want this to stay open to such time as you
want to bring it back again or are you going to bring back a different concept?
Fairchild: Probably give us at least until the next meeting. Maybe two meetings -- we
can probably get it done by the next meeting.
De Weerd: So, on fhe 27fh?
Rountree: 27th?
Zaremba: Madam Mayor, staff usually wants ten days to review anything that's a major
change.
Rountree: Don't know what the change is.
Canning: Yeah, At this point --
De Weerd: Yeah. We don't know if it's major or anything, so --
Bird: Madam Mayor'?
De Weerd: We can continue it to the 27fh or June 3rd.
Fairchild: June 3rd. We will shoot for that.
De Weerd: Okay.
Rountree: Thank you.
Fairchild: Thank you.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move that we continue VAR 08-004 until June 3rd, 2008.
Borton: Second.
De Weerd: Okay. I have a motion and a second to continue this Item 18 to June 3rd.
All those in favor say aye. All ayes. Motion carried.
Meridian Ciry Council
May 20, 2008
Page 46 of 53
MOTION CARRIED: ALL AYES.
Item 19: Public Hearing: SHP 08-003 Request for Short Plat approval to create 4
condominiums in an exisfiing 4-plex unit on 1 residential building lot on
0.15 acres in an O-T zone for Noe Vallev Condominiums by James
McLean and Karen Swett - 121 East King Street:
De Weerd: I guess it would have been more effective if we had known that prior to the
item. Item 19 is a Public Hearing on SHP 08-003. I will open this Public Hearing with
staff comments.
Canning: Madam Mayor, Members of the Council, this is the -- I think Noe Valley
Condominiums. It's located at 121 East King Street and the application before you
tonight is a short plat for a condominium. The applicants James McLean and Karen
Swett have applied for a short plat approval of four condominium units within one
residential building on .15 acres in the Old Town zoning for Noe Valley Condominiums.
The building permit has already been issued for fhe subject building and the building
has, actually, already constructed. Staff is recommending approval. The subject
property meets all applicable requirements for the short plat for a condominium and
applicant has provided a written agreement with the conditions. He is not able to be
here tonight, so, hopefully, you don't have questions for him, but to our knowledge there
are no outstanding issues before City Council.
De Weerd: So, if it's not approved what happens?
Bird: They tear it down.
Canning: Well, Madam Mayor, Members of the Council, if you're not inclined to approve
fhis tonight, I acfiually have to go do some research on the state code for condominiums.
If the use is already approved, which it is. The use for the four-plex was already
approved. I don't know what the state code says in regards to the findings you need to
make to deny a condominium plat. Because we required it to be a pfat, you have to
take action on it, but thaf's the extent of my knowledge in Title 50 of the Idaho Code.
Sorry.
De Weerd: Just thought I'd ask. It seemed --
Canning: I was hoping you weren't just going to move that way. But yeah. I think what
the state aode basically says with regard to condominium plats is if tFie use is already
approved, you really don't have much choice, other than to approve the plat. But I can
check into those details more if you'd like.
De Weerd: I just thought I'd ask. Okay. Council, any questions for staff?
Zacemba; Madam Mayor?
Meridian Ciry Council
May 20, 2008
Page 47 of 53
De Weerd: Mr. Zaremba.
Zaremba: Could I ask to back up one slide? I missed the location slide. It went by too
quick.
Canning: It's fhe little green dot fihere.
Zaremba: Okay. Got it.
Rountree: Just a question. How did we get here?
Canning: Madam Mayor, Members of the Council, I don't know when fhe four-plex was
approved. I don't believe fhat it was approved during my time frame here, so I suspect
it's an older unit that just now they are wa.nting to buy out the existing owner, so they are
going through a condominium process.
Rountree: Interesting.
Bird: Madam Mayor'?
De Weerd: Mr. Bird.
Bird: I think that's probably been built -- when was the permit issued? Any idea?
Canning: Let me see if it says in my file. One moment.
Bird: I don't think it's a new project. IYs been there quite a ways, uh?
De Weerd: So, Anna, is it because it was approved as a four-plex and not
condominiumized, thaf's why it's built and --
Rountree: I think that's going way back. I kind of remember it. And that's a stretch.
Bird: We've probably destroyed files. If it's over seven years.
De Weerd: Probably didn't have paper by then.
Zaremba: Madam Mayor'?
De Weerd: Yes, Mr. Zaremba.
Zaremba: My comment would be that condominiumizing this piece doesn't change the
use it only changes the method of ownership, which I'm not sure we have an issue with
that.
Meridian City Council
May 20, 2008
Page 48 of 53
Rountree: No.
Bird: No.
Canning: Madam Mayor, I have an answer. The purpose of this is to allow individual
sale of each unit should the applicant choose to do so. The building was built in 2003
and has four residential units.
De Weerd: 2003. Okay. Any further questions?
Bird: Madam Mayor?
De Weerd: Yes.
Bird: Hearing nothing, I move we close VAR 08-004.
Zaremba: Second.
Bird: Oh, wait a minute, I'm in fhe wrong one. Don't second that. I move we close SHP
08-003.
Zaremba: Now I'll second that one.
Bird: I'll let you.
De Weerd: I have a motion and a second to close Item 19. All those in favor say aye.
All ayes. Motion carries.
MOTION CARRIE'D: AL'L AYES.
Bird: Madam Mayor?
De V1/eerd: Mr. Bird.
Bird: I move we approve SHP 08-003, the short plat for four condominiums, Noe Valley
Condominiums.
Zaremba: Second.
De Weerd: Okay. I have a motion and a second to approve Item 19. If there is no
discussion, Madam Clerk, will you, please, call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea.
MOTfON CARRIED: ALL AYES.
Meridian City Council
May 20, 2008
Page 49 of 53
Item 20: Amendment to Ordinance No. 04-1067A: AZ 03-034 ~ Request for
Annexation and Zoning of 11.31 acres from RUT to R-8 and L-O zones for
proposed Razzberrv Crossinq by Carl and Bonnie Reiterman - south of
East McMilfan Road and west of North Locust Grove Road:
De Weerd: Okay. I#em 20 is an amendment to Ordinance No. 04-1067A. Madam
Clerk, will you, please, read this by tifle only.
Holman: Thank you, Madam Mayor. Meridian Ordinance -- City of Meridian Ordinance
No. 04-1067A, an amended ordinance 04-1067A, AZ 03-034, Razzberry Crossing for
annexafion of property being a portion of Lot 10, Crestwood Subdivision No. 1, as filed
in Book 28 of Plats at page 1757, records of Ada County, Idaho, and Locust Grove
Road, located in the northeast one quarter of Section 31, Township 4 North, Range 1
East, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing
certain lands and territory situated in Ada County, Idaho, and adjacent and contiguous
to the corporate limits of the City of Meridian, as requested by the City of Meridian,
establishing and determining the land use zoning classification of said lands be
annexed to the City of Meridian and zoning designated R-8, Medium Density
Residential Disfirict, and L-O, Limited Office District, in fhe Meridian City Code, providing
that copies of this ordinance shall be filed wifh the Ada County Assessor, the Ada
County Recorder, and the Idaho State Tax Commission, as required by law, and
providing for a summary of the ordinance and providing for a waiver of the reading rules
and providing an effective date.
De Weerd: Okay. Council or Ralph, you have heard this read by title only. Would you
like to hear it read in its entirety? Okay. Hearing none --
Zaremba: Madam Mayor'?
De Weerd: Yes.
Zaremba: I do not care to hear it read, but my computer crashed before I got to this one
and I'm not aware of what the amendment is. What's being changed? ~
Canning: Madam Mayor?
De Weerd.: Yes, Mrs. Canning.
Canning; Madam Mayor, Members of the Council, when staff was working on the final
plat, I believe, or -- an applicant came in regarding -- asking questions. Mrs. Vigil
realized that the front portion of the property was supposed to have the separate
zoning, but it had gotten uniform zoning. So, it's just amending it to be Council's original
approval.
Zaremba: Thank you.
Meridian City Council
May 20, 2008
Page 50 of 53
De Weerd: Okay. Thank you. Any ofher questions?
Rountree: I have none.
De Weerd: Okay. Madam Clerk, will you, please, call roll.
Zaremba: Well, we need .a motion. Madam Mayor?
De Weerd: Oh. Sorry.
Zaremba: I move we approve the amendment to Ordinance No. 04-1067 Alpha.
Rountree: Second.
De Weerd: Alpha.
Rountree: Alpha. Bravo.
De Weerd: You have a motion and a second. Hearing no discussion, will you, piease,
call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea.
MOTIDN CARRIED: ALL AYES.
Item 21: Ordinance No. 08-1364 : AZ 07-018 Request for Annexation
and Zoning of 9.764 acres from RUT to C-C zone for Settler's Square
S~ubdivision by Seagle Three, LLC - 870 West Ustick Road:
Item 22: Ordinance No. ~ 08-1365 : Repealin4 Amusement License and
Escort and Escort Bureau Licenses:
De Weerd: Boy, you'd almost think it was late. Okay. Item 20 and 21 are ordinances
08-1364 and 08-1365. Madam Clerk, will you, please, read these finro ordinances by
title only.
Holman: Madam Mayor, you referred to those as Items 20 and 21 and it's, actually, 21,
22, and 23.
Bird: No. No. Twenty-three can't be read with these.
De Weerd: I can't do 23 yet.
Holman: Oh. Okay. Twenty-one and twenty-finro, fhen?
De Weerd: Uh-huh. '
Meridian City Council
May 20, 2008
Page 51 of 53
Holman: Okay. City of Meridian Ordinance No. 08-1364, an ordinance AZ 07-018,
Settlers Square Subdivision, for annexation of a parcel of land being a portion of the
east one half of the southwest one quarter of the southwest one quarter of Section 36,
Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, as described in
Attachment A and annexing certain lands and territories situated in Ada County, Idaho,
and adjacent and contiguous to the corporate limits of the City of Meridian, as requested
by the City of Meridian, establishing and determining the land use zoning classification
of said lands from RUT, Ada County, to GC, Community Business District, in the
Meridian City Code, providing that copies of this ordinance shall be filed with the Ada
County assessor, the Ada County recorder, and the Idaho State Tax Commission, as
required by law, and providing for a summary of the ordinance and providing for a
waiver of fhe reading. rules and providing an effective date.
Holman: City of Meridian Ordinance No. 08-1365, an ordinance repealing Title 3,
Chapter 3, Meridian City Code, regarding amusement licenses, repealing Tifle 3,
Chapter 7, Meridian City Code, regarding escort and escort bureau licenses and
providing an effective date.
De Weerd: Now, that one could be an exciting ordinance to read. Any takers? Okay.
Hearing no one wanting to hear Item 21 or 22 read in its entirety, motion from Council?
Zaremba: Madam Mayor?
De Weerd: Yes.
Zaremba: I move we approve Ordinance No. 08-1364 and Ordinance No. 08-1365, wifh
suspension of rules.
Rountree: Second.
De Weerd: Okay. I have a motion and a second on Item 21 and 22. Any discussion?
Madam Clerk, roll call.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
Item 23: Ordinance No. 08-1366 : Reconsideration for Final Decision
Ordinance (15t of 3 Readings):
De Weerd: Item 23 is Ordinance No. 08-1366. Madam Clerk, will you, please, read this
by tiile only.
Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 08-1366, an
ordinance adding Title 1, Ghapter 7, Section 10, Meridian City Code, regarding request
Meridian City Council
May 20, 2008
Page 52 of 53
for reconsideration for final decisions of the Meridian City Council of the City of Meridian
and providing an effective date. ~
De Weerd: Okay. This is the first of three readings and so we will see this again for the
second reading next week.
Item 24: Executive Session per ldaho State Code 67-2345(1)(b) -(to consider
the evaluafion, dismissal or disciplining of, or to hear complaints or
charges brought against, a public officer, employee, staff member or
individual agent, or public school student):
De Weerd: Item 24 was requested to vacate. So, we are at fhe end of our agenda.
Council, I am writing a letter and, I apologize, I had Robert draft a letter that I still
haven't commented on, but we will be sending a letter to Commissioner Tilman to enter
into discussions or -- official discussions on the fuel station, which is underway and --
oh. And the potential -- I'm thinking. And the potential opportunity to have a kiosk or a
substation of the county services in our City Hall project. Time is of the essence, so we
are requesting that meeting to happen in the near future.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Can I also -- I think that one thing we need to also discuss --
De Weerd: Can you get closer to your mike?
Bird: One thing I think we need to also discuss with them is a west Ada County
magistrate court. I think they are interested in that.
De Weerd: We can add that -- you know, it's also been a discussion about fhe
probation and parole office. I wanted to get to these more immediate. I can outline
those as well. In fact, in light of the recent ruling from the court on Boise's case, we do
need to have fhose discussions. Both Mayor Evans and I did, meet with Commissioner
Tilman in anticipafion of some of this, but as I reminded him, we did ask for a municipal
courtroom to be considered as part of our City Hall project. This late in the game is
really an inappropriate time to be told we need to provide such a facility. So, I have
reminded him of our discussions and we will continue that. At that point he did not know
and it -- it's still unknown what the outcome would be, but that will certainly be an item to
discuss. I think in terms of that, perhaps we can ask for a joint meeting befinreen
Council and fhe three commissioners if Council would see that as appropriate.
Bird: I think that would be very appropriate.
Rountree: I fhink it would. That's not too soon.
Meridian City Council
May 20, 2008
Page 53 of 53
Bird: I'm with Charlie, not too soon. Because there are a couple items, Mayor, fihat I
fihink is very -- it's going to be pressing, to be truthful with you. •
De Weerd: Okay. Well, on those two items with the --
Bird: The fiuel and the kiosk --
De Weerd: Well, the kiosk and the fueling station is more immediate, but I think for our
joint meeting to talk about the magistrate, as well as a potential partnership with
probation and parole in looking at any future expansion with the Meridian police
department. So, we will work on -- on getting them a meeting time set up. Okay. Any
further business for the Council?
Rountree: I have none.
Bird: I have none.
De Weerd: Okay. I would entertain a motion to adjourn.
B'ird: So moved.
Rountree: So moved.
Borton: Second.
De Weerd: All those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
De Weerd: It is 9:30 or so.
MEETING ADJOURNED AT 9:34 P.M.
(TAPE ON FILE OF THESE PROCEEDINGS)
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