HomeMy WebLinkAbout2009 07-14Meridian City Council Meeting Julv 14, 2009
A meeting of the Meridian City Council was called to order at 7:00 p.m., Tuesday, July
14, 2009, by Mayor Tammy de Weerd.
Members Present: Mayor Tammy de Weerd, Charlie Rountree, Keith Bird, Brad
Hoaglun, and David Zaremba.
Others Present: Bill Nary, Jaycee Holman, Pete Friedman, Clint Dolsby, Jeff Lavey, Joe
Silva, Sonya Wafters, Steve Siddoway and Dean Willis.
Item 1: Roll-call Attendance:
Roll call.
X David Zaremba X Brad Hoaglun
X Charlie Rountree X Keith Bird
X Mayor Tammy de Weerd
De Weerd: Okay. I will go ahead and call this meeting to order. We'd like to welcome
everyone that joined us this evening and thank you for being here. I'll start tonight's
meeting with roll call attendance. Oh, for the record, it is Tuesday, July 14th at 7:00
p.m. We will start with roll call.
Item 2: Pledge of Allegiance:
De Weerd: Item No. 2 is our pledge of allegiance. Tonight we will be led in the pledge
by our Mayor's Youth Advisory Council. If you guys will come forward and lead us in the
pledge.
(Pledge of Allegiance recited.)
De Weerd: Now, I do have some City of Meridian pins to present to you young people
that just led us in the pledge. Since you didn't know I was going to do that. Thank you
for being here this evening.
Item 3: Community Invocation by Pastor Burton Roberts:
De Weerd: Item No. 2 -- or 3 is our community invocation. Tonight we will be led by
Pastor Burton Roberts and he used to be associated with the church, but now he is
retired. And well deserved. We sure appreciate you being here with us this evening.
Roberts: Pleased to be here. And it's my first time in the new building, as far as being a
part of this moment, so I'm just finding myself just going wow. It even feels different in
here. You people look like you're a little further apart, have more time to get acquainted
with each other and all of that, so my privilege to be here, Mayor.
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July 14, 2009
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De Weerd: Thank you.
Roberts: Most kind and gracious Heavenly Father, what a joy it is to know that we can
always come to you and find in you the strength we need for every day. It's my privilege
tonight, Father, to bless the City of Meridian and ask your blessing upon the Mayor,
upon the Council members, all those that work in our fine city, the fire department and
the police department, God, at a time like this when there are so many things that are
testing all of our lives in many ways, we ask, Father, this night that you would pour out
your Holy Spirit in a very special way upon our city and cause each one of us, Lord, to
have a growing awareness that you have plans for us as a city and that they are good.
You have plans for each one of our lives and they are good. So, we thank you, Father,
as we bless everything that happens tonight. May you grant great wisdom and
guidance to each decision that is approached this night. We ask all these things in
Jesus' wonderful and mighty name, amen.
De Weerd: Thank you, Pastor Burton. Have I given you a City of Meridian pin? I'll give
you one officially as a resident of the City of Meridian. Thank you for being here.
Item 4: Adoption of the Agenda:
De Weerd: Item No. 4 is adoption of the agenda.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: A couple items on the agenda. Under the Consent Agenda just a comment
on Item D and that's a reminder to everybody that there will be another Concert on
Broadway this Saturday. It doesn't change what the agenda says, but I just wanted
to --
Bird: 6:30.
Zaremba: 6:30. Yes. 6:30 this Saturday. The last one was delightful and this one is
supposed to be jazz and be good. Okay. Now, really, the agenda. Under the Consent
Agenda, Item E, the resolution number is 09-675. Under Department Reports, B, Legal
Department, item 2, the resolution number is 09-676. On the regular agenda, Item 9,
the ordinance number is 09-1421. And, then, we need to add an Item 10, which is an
Executive Session for Idaho State Code 67-2345(1)(f) to consider and advise legal
representatives in pending litigation. And with that I move we adopt the agenda as
amended.
Hoaglun: Second.
De Weerd: I have a motion and a second to approve the agenda as amended. All
those in favor say aye. All ayes. Motion carries.
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July 14, 2009
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MOTION CARRIED: ALL AYES.
Item 5: Consent Agenda:
A. Contract with University of Idaho for Parks User Income
Survey (CDBG) for $15,445.25:
B. Change Orders No. 1 8~ 2 for Ten Mile Creek Sewer Crossing
for Change Order No. 1 a Net Increase of $4,455.00 and for
Change Order No. 2 a Net Decrease of $4,200.00:
C. New Beer & Wine License Application for Shari's Management
Corporation dba Shari's of Meridian Located at 895 South
Progress Ave.
D. Professional Service Agreement with Tom Phelps far Musical
Talent for Concerts on Broadway:
E. Resolution No.: Resolution Declaring
Intent to Convey Real Property to the Ada County Highway District
pursuant to direction given during Public Works Department Report
at the July 7, 2009 City Council Meeting; Directing Clerk to set
public hearing to authorize the conveyance:
F. Memorandum Agreement Amendment to Collective Labor
Agreement between the City of Meridian and Meridian
Firefighters I.A.F.F. Local 4627 for Wage Schedule from
October 1, 2009 Until September 30, 2010:
De Weerd: Item 5 is our Consent Agenda.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: As noted, Item E is resolution number 09-675. And I move that we adopt --
orapprove the Consent Agenda and for the Mayor to sign and the Clerk to attest.
Hoaglun: Second.
De Weerd: I have a motion and a second to approve the Consent Agenda. If there is
no discussion, Madam Clerk, roll call.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
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July 14, 2009
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De Weerd: All ayes. Motion carves.
MOTION CARRIED: ALL AYES.
Item 6: Department Reports:
A. Mayor's Office:
1. MYAC Update on AIC Conference:
De Weerd: Item 6. Tonight we have the privilege of having three of our executive
officers for the Mayor's Youth Advisory Council and these three represented the City of
Meridian at the Association of Idaho Cities conference last month. They are here to
report to Council of their experiences. So, I will tum it over to the three of you.
E.Nary: On the first night of the Association of Idaho Cities --
De Weerd: First introduce yourself.
E.Nary: Oh. I'm sorry. I'm Eli Nary, the chair of the Meridian Mayor's Youth Advisory
Council. Now, on the first night of the Association of Idaho Cities we had a small get
together to basically get to know the other cities and know the representatives from the
other cities around the Treasure Valley and around the state of Idaho in general. Now,
we -- we were mixed together in a way, you know, where we introduced our name,
where we were from, and what kind of color was our favorite or what the name of a pet
or ours was and we did this a couple times and, then, it came to the last time and, then,
the man that was leading it, his name is Matt McCarter, asked us what were the issues
that were -- that were the biggest struggles for the youth in your city. Now, when you're
put on the spot like that, it's kind of hard to think of what is the main issue, you know,
because everyone has the same issues around the state that, you know, we all have
problems with teen violence, teen drugs, teen pregnancy, you know, those issues don't
change throughout the state and so that's something that we all realize at the
Association of Idaho Cities, is that no matter how hard our struggle is, it's the same all
around the state and we can look to other -- other cities and other areas around the
state for guidance in how to -- how to make it better. Now, one of the things that the
focus was becoming a better leader for our community. The first thing that we talked a
lot about was becoming a better speaker. One of the things that they said was that if
you're not a good speaker you can't captivate anyone. If you can't lead someone with
your words, how can you lead them with your actions? Now, the second thing that we
talked about is taking risk that can pay off in ways unimaginable. You know, by taking
simple risk like we have with things with the Idaho Meth Project or other projects that we
have worked on, we have been able to make huge benefits to our -- to our city in
general and to the youth of not only Meridian, but of our state. The third thing that we
talked about was addressing issues teams are up against and I touched on this lightly in
my introduction, but we also talked about how to fix them. Now, there are many
different ways to fix them, but I think the main thing that we teamed was that to fix these
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July 14, 2009
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problems we need to be out in our community. It's not -- if it's only us three, we won't be
-- we won't be getting anywhere. If it's our youth council in general, we will be getting
much farther. One of the other things we talked about was -- outside of the conference
was some relationships that we had created with these other youth councils around the
Treasure Valley. There has been talk of having a leadership council for all of the
advisory councils around the Treasure Valley. Now, this has been attempted before,
like Janelle has said, it hasn't been attempted by us. And so I think the one thing that
we can all take away from AIC this year was that -- that it made us a better leader,
which will help out our advisory Council this year and I want to thank you all for letting
us have that opportunity. Thank you.
De Weerd: Thank you, Eli.
J.De Weerd: Hi. I'm Janelle de Weerd and I will be the vice-chair on the Mayor's Youth
Advisory Council. While at AIC we just went to a lot of workshops and a lot of group
bonding activities and with the group bonding it just showed you how you can walk into
a room with a bunch of strangers and you walk out of that experience having friends or
people that you can contact in the future to make your community even a better place.
Like I know that with the beer and wine tax, Rexburg and Nampa, we are partnering
with them to just make a stronger effect and have that hopefully pass legislation this
coming season. And not only that, but we have ties with Nampa and Caldwell. We are
hoping that this year we can do a few events with all of us together, just showing that
the impact of the youth is that much important in our community and that we just need
to get things done and show that as a youth basis we can all be united and that just
shows that the adults can be united just as easily. It doesn't matter where you come
from, it just matters what you get done during the time. While we were there we teamed
a lot about leadership. As Eli said, you can't tell people just what they are saying, you
have to word it the right way and just make an impact on them. We teamed a lot about
speaking and just overall the whole AIC was a ton of fun. We teamed a lot and we
came out stronger leaders and stronger speakers. We -- we have the skills now that
can help us throughout the next three -- two or three years of our high school with MYC.
We are now prepared on what we need to do to make a difference in our community
and we are that much more likely to do it. Thanks.
De Weerd: Thank you, Janelle.
Wilder: Hi. My name is Amanda Wilder and I definitely think that the AIC conference
was beneficial for all of us that went. Not only did it teach us how to become better
leaders in ourselves, but it taught us how to teach everybody else to become better
leaders, because ultimately that's the goal that we are trying to do. We want not only to
help ourselves, but to help the rest of our Mayor's Council -- the rest of the councils in
the community and to help all those community members and definitely that's what they
are teaching us how to do and as a leader in several schools events, I not only teamed
experiences that I can learn here, but that I can use to help kids grow and become
better people and a lot better ways and all the experiences we teamed -- we had a
mock city council meeting, we did rope courses that taught us a lot of team work
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July 14, 2009
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abilities and definitely when you're getting hoisted up in the air by 15 kids you don't --
and dropped, you have got to learn trust and all those activities that taught us a lot
about ourselves and a lot about how much we really do need to trust ourselves and
everybody else in our community and that's how you can accomplish great goals and I
think that over this year we can accomplish those goals, because we did learn all those
experiences. This conference taught us how to not only take those leadership skills, but
also how to branch them out and create those goals. So, we have a plan and know how
to map it out so we can be successful this year and I think that this conference was a
great opportunity for all of us and for the rest of the youth in the community and we will
definitely take these experiences and we are so thankful that you guys were able to
fund us, because it definitely will help us this year. Thank, you.
De Weerd: Thank you, Amanda. Now, didn't your chaperon get hoisted up in the ropes
course as well? How did that go?
E.Nary: Like splashing cold water on a cat.
De Weerd: Council, any questions for --
Rountree: Madam Mayor?
De Weerd: Yes.
Rountree: I just want to thank these young folks for taking the time to do this and being
involved in the youth council as well. But it sounds like your time was well spent and it
sounds like you enjoyed it, which is important at your age. If you didn't enjoy it, you
probably wouldn't continue on, so make it fun, continue to learn, and we are proud of
you.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I thought it was nice that the youth contingent was visible at the conference
and I know you had educational experiences, but you also had some fun ones as well
and I think that's great and I have to say I'm impressed with the young leadership that is
coming along, you guys and some of your other peers that were there that I got a
chance to talk to and I think it's definitely worth it to the city to have you go or whatever
representatives are in the Mayor's Youth Council go again next year.
De Weerd: Thank you. And these guys will be meeting tomorrow and mapping out
some of the plans they have for the upcoming school year. So, they have a good basis
of information to take to that discussion. I know they have a lot of good ideas -- or a lot
of ideas. They will figure out how good they are throughout the process. But thank you
for being here and thank you, Luke, for the tolerance of the chaperon position and the
good sport in doing the ropes course. Okay. Anything further from the three of you?
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July 14, 2009
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J.De Weerd: Well, thanks for having us. I mean it was an awesome opportunity that we
had and we really have you guys to thank, because without you I'm sure we wouldn't
have gone. So, thank you, we really appreciate it.
De Weerd: Thank you. And you don't have to stay the rest of the meeting, unless you
want to.
B. Legal Department:
1. Discussion on Exchange of Real Property for Heroes
Park:
De Weerd: Okay. Item 6-B is our Legal Department. Mr. Nary, the first item.
Nary: Madam Mayor, Members of the Council, I can briefly do it. Mr. Siddoway is here
as well. I think he probably knows more about it than I do, but, really, this is a fairly
simple exchange and, then, item number two is related to the exchange. This is a
property exchange along Heroes Park around the northwest portion of the park that
abuts the -- I think it's the Church of Christ? It was a church property that's adjacent to
the park and this is an exchange of a portion of the park's property, I think .9 acres for
1.5 acres on the north side of the church that could be, then, turned into a pathway. So,
there is an access path that, again, Mr. Siddoway could probably tell me. I looked at the
legal -- it appears like it would line up with the path that's around Heroes Park, so I think
that's the intent, but -- so, it's a very small property exchange, this is part of the process
to get that accomplished. But I'll let him do the rest.
Siddoway: Madam Mayor. Thank you, Bill. I think Mr. Nary is right and we had
originally thought of creating easements for in where we are trying to get an easement
across the church property for the pathway to connect out to Ten Mile Road and they
currently have part of their existing parking lot that sits on a portion of park properly and
we had thought about swapping easements and, then, through previous discussions
decided that it would be a lot cleaner, rather than easements, we simply just quitclaimed
the land to one another, so that we owned the pathway and they owned their parking
lot. So, that's what this does.
De Weerd: Council, any questions?
Bird: I have none.
De Weerd: Okay.
Nary: Madam Mayor?
De Weerd: Yes.
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July 14, 2009
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Nary: And, Madam Mayor, so on item two the action the Council could take would be to
approve the resolution that would, then, set into motion a public hearing notice for then
-- for both that item and the item that was on the Consent Agenda, we could get those
noticed and have a public hearing on the property exchange.
2. Resolution No.: Intent to exchange real property. Trades a .09
acre portion of Heroes Park fora .15 acre parcel of adjacent
property to provide pathway access between the northwest
boundary of Heroes Park and North Ten Mile Road; directs City
Clerk to set a public hearing to consider approving the trade of real
property:
De Weerd: So, Mr. Nary, you need to pass a resolution to start that process?
Nary: Yes, ma'am.
De Weerd: Okay.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I move we approve resolution 09-676.
Bird: Second.
De Weerd: I have a motion and a second to approve the proposed resolution 09-676.
Any discussion? Madam Clerk, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 7: Items Moved from Consent Agenda:
De Weerd: There were no items moved from the Consent Agenda.
Item 8: Continued Public Hearing from July 7, 2009: RZ 09-002 Request for
Rezone of 10.13 acres from R-8 (medium density residential) to TN-R
(traditional neighborhood residential) zone for Crossfield by Pride, LLC -
south side of W. Ustick Road and west of North Blairmore Way:
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July 14, 2009
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De Weerd: So, we will move to Item No. 8, which is a continued public hearing from
July 7th for RZ 09-002. There was no public testimony accepted that day. It was just
requested to continue, so this is the first hearing of this item. Mr. Friedman.
Friedman: That's correct, Madam Mayor, Council Members. Mrs. Wafters will be giving
you the initial presentation on this application this evening.
Wafters: Thank you, Madam Mayor, Members of the Council. The next item before you
is a rezone request for nine -- or excuse me -- 10.13 acres of land from R-8, medium
density residential, to TN-R, traditional neighborhood residential. Because the TN-R
district requires a minimum of two housing types, the applicant is including the
previously platted single family lots to the south in the subject rezone request. The
property is located on the southwest comer of Ustick Road and Venable Lane. The site
is designated as mixed use community within a neighborhood center on the
Comprehensive Plan future land use map. Staff believes the requested TN-R district is
consistent with this designation. The diagram on the right is included in the Comp Plan
as a concept layout for a neighborhood center. This plan reflects an urban environment
with a range of medium to high density residential uses and a commercial core. The
proposed concept plan is consistent with this plan, except a commercial component is
not included on this site. There are, however, commercial uses northeast of the site
and undeveloped commercial property directly across Ustick that contributes to the
variety of uses within the neighborhood center. There is also undeveloped property to
the east across Venable Lane that may include commercial uses upon development.
The conceptual development plan submitted by the applicant shows how the site may
develop in the future with five 16 unit multi-family structures consisting of a total of 80
dwelling units, a pool, clubhouse, 20 alley loaded single family residential lots, two
attached single family residential lots, and three detached single family residential lots.
The overall growth density for this site is estimated at 10.37 dwelling units per acre, with
a net density of 12.34 dwelling units per acre, which is consistent with the MUC land
use designation and TN-R zoning. A revised concept plan was submitted after the
Commission meeting that depicts the private vehicular connection to Venable Lane and
the extension of the pedestrian pathway on the east side of the site to West Stanhope
Street, as recommended by the Commission. The changes made to the site plan are
shown in red there. Conceptual building elevations were submitted for the multi-family
structures and have been revised since the Commission hearing, per discussions with
staff on another project in accordance with design standards. Besides the revised
concept plan elevations, no other written testimony has been received since the
Commission hearing. The Commission recommended approval of the rezone
application with the development agreement, which includes access to Venable.
However, the initial and revised concept plans and elevations are not part of the
recommendation for inclusion in the development agreement. Because the site is
designated as a neighborhood center, staff believes it should have more of an urban
character consistent with the objectives and guidelines of the design manual. The site
design and elevations will be evaluated through the design review process based on the
adopted guidelines identified in the staff report and the design manual. Key
Commission changes to the staff recommendation are as follows: The deletion of the
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July 14, 2009
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requirement for private-public streets to be provided within the multi-family portion of the
site for addressing purposes. The addition of a requirement for the developer to provide
an address identification sign at each entrance to the multi-family development and the
addition of a requirement for the developer to work with staff and ACHD to construct a
partial collector road from Ustick to Stanhope, utilizing the right of way offered as a
donation at the Commission hearing by Joe Simonich. Outstanding issues for City
Council. The staff recommends that DA provision H be modified to include the following
text: The developer shall construct a detached sidewalk along the east property
boundary from West Ustick Road to West Stanhope Street on the subject property. If
Mr. Simonich dedicates right of way for the future extension of Venable Lane, the
developer is responsible to place barricades at the north and south ends of Venable
Lane if required by ACHD. Staff met with ACRD staff after the Commission hearing to
discuss the extension of Venable Lane if Mr. Simonich agreed to donate right of way. It
was determined that there is currently not enough room to construct a street with the
location of existing power poles, fencing, and drainage ditch. For this reason ACHD
agreed to accept unimproved right of way for future construction of Venable Lane upon
development of the Ward property to .the east. In summary, the Commission
recommended approval of the rezone and development agreement with the changes in
the DA previously mentioned, but did not recommend inclusion of the concept plan or
elevations in the development agreement. Future site design and elevations will be
evaluated through the design review process based on the guidelines in the design
manual for urban and residential development as appropriate. Staff will stand for any
questions the Council may have at this time.
De Weerd: Council, any questions at this point?
Bird: I have none, Mayor.
De Weerd: Okay. Does the applicant want to come forward. Good evening. If you will,
please, state your name and address for the record.
McKay: Becky McKay. Engineering Solutions. 1029 North Rosario, Meridian.
De Weerd: Thank you.
Rountree: Good evening, Madam Mayor and Members of the Council. I'm representing
the applicant Russ Honeymiller on this particular project. Just to kind of give the
Council a little brief history of what transpired on this particular parcel, back in 2005 this
area was included as part of the original Crossfield preliminary plat annexation
application and planned unit development. At that time the Council asked the developer
and made it a condition of approval that we delay development of this 5.83 acres
located at the northwest comer -- or northeast comer of the Crossfield project for a
minimum of two years to buy some time so that in the event that the Ward property,
which is located on our east boundary and is approximately 15 acres in size, would
have an opportunity to develop and, then, possibly we could coordinate the two
developments and the Venable Lane could be constructed. We have waited three and
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July 14, 2009
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a half years and the Ward property never did come in. I was told that multiple offers
were made to the Ward family, but Mrs. Ward, who is, I believe, in her 80s, wanted to
just keep it as is. In those years since 2005, obviously, market conditions have
changed dramatically and there is a demand right now for apartments development in
this particular area. Along this Ustick corridor, if you drive down that -- between
Meridian Road and Linder or even over to Ten Mile, there are no real multi-family
developments along -- along that comdor, so we felt that this would, obviously,
compliment the neighborhood center by bringing in amulti-family component and would
provide a necessary service along that Ustick corridor. We included in our rezone the
10.13 acres, because it was staffs recommendation that we request a TN-R versus an
R-15 zone, based on the neighborhood center designation on your comp plan. In order
to meet that criteria we had to have at least what they call two different products. We
had already in the original Crossfield project had attached single family, detached single
family, alley load, accessory dwelling units. Our lot sizes varied considerably and as we
move southward as consistent with the neighborhood center plan, the densities
decrease and the lot sizes increase, so that as we got down to the southern portion by
Five Mile Creek that we were consistent and compatible with the adjoining
development, because this particular piece of property was -- was like an in-fill parcel.
There was a debate about -- about a commercial component in this -- in the Crossfield
development initially and the Council kind of put that on hold. They said, you know, if
nothing happens in the two years in our development agreement -- or in our findings it
said you can come back with a residential component if you so choose. So, that's kind
of where are right now. What's before you this evening we are showing a clubhouse
and a pool. We have got a large fountain park area, we are trying to create a little plaza
effect, interconnect to the existing pathway. We do have amulti-use pathway running
east and west along the Creason lateral. Sonya, could you switch to the -- the vicinity
map?
Wafters: You mean this one right here?
McKay: Yeah. That's fine.
Wafters: Okay.
McKay: There is a multi-use pathway that runs along Five Mile Creek. There is also a
multi-use pathway -- oh, further south. Right here. There is also amulti-use pathway
running along the Creason. We ended up with -- oops. If I touch it it changes, right? I
hate that. We ended up with multiple open space areas with interconnecting pedestrian
pathways and with this particular project we would be linking into some of those existing
pedestrian networks and --
De Weerd: You can draw on it. How does she do that? You tap the --
Holman: Becky, at the top of the screen you will see some buttons.
McKay: Yes.
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July 14, 2009
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Holman: And hit the one -- whatever color you want, red, green, or blue.
McKay: Oh. Okay. There we go.
Holman: And if you want to take it back to where you're tapping through it, just hit the
little pointer button at the top of the screen and it will take it back off of the color.
McKay: The little -- oh, okay. I see.
Holman: Okay.
McKay: So, can I go -- can I press to go back? There we go. So, what we have here is
you can see these interconnecting pathways that will link into the existing Crossfield.
Everything that you see south of Parkstone Avenue here is constructed. The sewer, the
water, pressurized irrigation. The concrete's in. Streetlights are in. The only thing they
have not done in that phase two is pave. So, all the existing services are stubbed to
this particular property. We came before you in May with a final plat of this particular
area right here, excluding the daycare, because it needed to be platted in order to be
built upon due to the fact that it would be a remnant, since everything else around it had
been platted. In this particular project we have got about 23 percent open space and in
the design one of the things that I incorporated was we turned the buildings going north
and south. I toured through a project in California where they did this. These are single
family lots. They are about 35 to 40 feet wide with alley load right along here. What
they will see is just the ends of those buildings, so it is our intent to, obviously, dress
those up. The bulk of the building isn't seen from the residential portion and in the
projects I toured it was really a nice effect. With the landscaping there I had to walk
around the front of the multi-family buildings to even realize that it was amulti-family
building and they had their parking on the interior like we have here and heavy
landscaping and so it is our desire and the comment we received from the Planning and
Zoning Commission was that they liked the north-south buildings abutting that single
family area and because it was comments from Will to turn the building so they were
going east-west and we hoped that -- that the Council agrees with us, because we think
that's an important component of this project. As far as the commercial area -- can you
put that one up, Sonya? Oops. There it is. You have Settlers Square that has been
approved here and, then, Cedar Springs commercial. You can see this band here is
your neighborhood center designation through here. This is where the commercial core
is going to develop. Right now in the Cedar Springs there is a lot of shell out there with
very few tenants. The Fast Eddy's C store is doing very well I hear, but it's getting a lot
of that pass by traffic. I think they have got a salon out there and, then, one office. I
had received a call from -- I received a call from Bob Runyon, the developer of the
Settlers commercial area and he asked me one question: I hope you guys aren't
proposing commercial, because I can't build what was approved out there at this time,
there is just not enough roof tops. I said, no, we are proposing multi-family. He said I
think that's awesome. We need roof tops to make this neighborhood center happen
and I glad to hear that you're doing some multi-family. As far as the multi-family is
Meridian City Council
July 14, 2009
Page 13 of 24
concerned, we will be less than the 15 dwelling units per acre that is defined by the TN-
R. I think it's about 13.72. We feel -- we followed the neighborhood center very closely
with our short blocks, the different type of residential product, the collector street and we
believe that this component will definitely add to the Crossfield development. This gives
another housing choice out there. The higher densities up along the arterial as defined
in your comp plan for the neighborhood center and we feel that this will benefit this area
and provide a good transition from the single family area that we have. Now, one of the
things that came up was the Venable issue and I think we have worked it out with the
staff and with ACHD. What you see here is we created kind of across-section of what's
out there. The existing 20 feet of right of way is located here. Right in the middle of that
are power poles. There are a series of five power poles running from Ustick heading
south. They are not service poles, but transmission poles, because that continues into
the interior of that section. There is existing telephone risers and an existing fence --
oops. An existing fence and the Ward property is flood irrigated and it drains back to
the west. And I brought some pictures for the Council to kind of see -- this is what we
are contending with out there at this time.
De Weerd: Pete, do you want to get the Elmo out. David, if you could give it back to
Becky, we should put it on the Elmo.
McKay: Oh, on the Elmo. Okay. We located these existing encumbrances out there
and created a plan and sent it over to the city and to the highway district to look at it and
as you can see, all of that needs to be relocated In fact, ACHD doesn't allow drainage
-- imgation drainage to be within their right of way. So, it was determined -- I can't even
get half plus 12 in there. Plus, we'd have to relocate all of this I don't know where and it
would have to be relocated again when the Ward property developed. So, based on
that, the staff and ACHD and ourself came to the conclusion that if Mr. Simonich is
willing to donate the property, which he owns, the 20 feet on the west side, to either the
city or the highway district, then, it would be held until that Ward property developed
and, then, this Venable could be built. Sonya, can you go back. I have too many
exhibits. One of the things that we looked at as far as Venable -- right now it only
serves Mr. Simonich. It's a private driveway and in the future it will create some limited
interconnectivity, but not like what was I think initially intended when it was drawn on the
comp plan as a collector. And (brought -- as you can see, if you look at the yellow, that
shows you the transportation patterns that are out here. This is Five Mile Creek. This is
the Creason lateral bisecting that section there. So, because of those two waterways
everything has been forced to go east-west, especially within that center section band.
If you go south of that you can see that this -- there is north-south streets going down to
Fairview from these developments here. But everything else tends to go east-west.
Now, with Valen Court a stub street was provided here. There is another stub street
here. We have one here on our east boundary. So, eventually, we will get some
interconnectivity through these parcels here, but Venable is only going to be able to go
down a few hundred feet to Stanhope and as far as a collector's concern, it's really
going to be underutilized, you know, the six or seven thousand vehicle trips that we see
on some of these continuous collectors is not going to happen here. I think what I told
the Council initially when we -- when we brought the project through that we were trying
Meridian City Council
July 14, 2009
Page 14 of 24
to leave as many options open, so that our project did not inhibit the development of
Venable and that's what we have done. Could you go back to the other one. I'll
conclude. The elevations that I have submitted with the project, we were -- we have
been working with Will trying to refine those, get closer to what the design review
guidelines state. One of the things that we are, obviously, concerned about is trying to
match with the architectural style that we have out there. We had some very distinct
styles in the single family homes and we wanted to try to match that with our multi-
familyand --
De Weerd: Becky, you're out of time.
McKay: I'll finish. I lost time running back and forth.
De Weerd: Boy, that's a stretch.
McKay: I know. Well, you know. I'm the only one here. It's weird. Can you go back to
the elevations, Sonya? This is what we have been working with -- with Will trying to
refine that to give it -- to break up that bulk, to give some modulation, different materials,
and make it more -- look more like a townhouse instead of just a bulk building. If Sonya
will stick those on. What we are trying to do is emulate what's out there for the single
family. As far as the urban design, you know, we want to make sure that this meshes.
We don't want it to look like city lots. I don't think -- this is what's been built out there
and the City Lofts concept that you see like downtown Boise may be urban, but I don't
think that's appropriate for this more suburban area and what we need to, obviously,
mesh with. I ask the Council to approve this with the change, 1.2A. The design
guidelines don't apply to detached single family, but the staff has put that in there --
De Weerd: Okay, Becky, I'm going to have to cut you off.
McKay: Okay.
De Weerd: Any questions from Council?
Bird: I have none.
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: A quick question for Becky. On Ustick Road what were the requirements for
right of way out there -- you know, Ustick will be widened in the future. I know in front of
that commercial center there is a -- a center lane turn, but you guys are back a ways
from that. Are there any requirements to have some right of way for a future widening
of Ustick out there?
Meridian City Council
July 14, 2009
Page 15 of 24
McKay: Yes. ACHD wanted 38 feet from center line, if you place the sidewalk within
the common lot, which we do have a detached walk in the common lot, and we showed
that in our plat as a donation to ACHD and in the previous plats for Crossfield we also
donated that right of way. We didn't ask for compensation.
Hoaglun: Great. Thank you.
De Weerd: Okay. Any other questions?
Zaremba: Madam Mayor? Are there -- I'm looking at the daycare center. Are there
accesses on the entrance road? Can you point out the accesses?
McKay: Yes. The daycare center there -- there is a loop drive that we designed in --
there is a loop drive that comes through -- how come if I touch it it changes? I can't
point?
De Weerd: You can if you do the color.
McKay: Oh. I got to change the color again? Okay.
De Weerd: There you go.
McKay: There is a loop driveway that comes through here. So, the traffic comes in, it
enters -- has an enter sign here, then, they have parking in this area and, then, it loops
back out like that.
Zaremba: Okay. Thank you.
De Weerd: Okay. If there is nothing further, we will ask you back for wrap-up remarks.
Okay. This is a public hearing. I do have one member of our public signed up to testify,
Mr. Joe Simonich. And, Joe, just like I gave Becky, I gave her an extra minute, so if you
exceed your three minutes I'll give you an extra moment as well -- as extra minute as
well.
Simonich: Well, thank you. I'm Joe Simonich and I reside at 2715 Venable Lane. I
moved here on this Crossfield Subdivision 39 years ago, minus ten days, so I'm quite
familiar with the area. I have followed these developments, tried to do everything to
make the north side of town a better place. We have been generous with donations for
the bike paths, the park, the sewer line, and we still want to, but we feel that Venable
Lane, at least part of it, should be developed by taking ownership by some public entity.
If not, eventually, when I'm gone it will probably become a weed patch. You will
probably have 30 or 20 to 40 feet of weeds there the entire length. So, I thought this
would be a good opportunity to -- it helps the Ward property, the Valen Court
Subdivision, the Crossfield Subdivision, to have another access to Ustick Road. It's a
mid mile road. I think it's a collector street on the north side. I think 800 feet of collector
road on the south side would -- would help all of those properties and the public in the
Meridian City Council
July 14, 2009
Page 16 of 24
future. So, if this -- I have been trying to donate it to the Ada County Highway District.
They said they do not accept undeveloped right of way. So, that's where we are at now
and Becky's probably explained that much better than I can, so I'd ask the
commissioners and the Mayor if you have any questions.
De Weerd: Council, any questions?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: When you sold the property and maintained access to your current property,
what was your intention at that time? Were you intending to access through the
eventual subdivision or keep Venable Lane?
Simonich: Mr. Rountree, our property was a deeded right of way to the Venable --
Venable property, which is south of -- oh, 1,800 feet south there. They had that deeded
right of way. When Valen Court came in -- well, I purchased the Cottrell property.
When Valen Court came in they wanted to extend that into our property, our seven
acres, or the Cottrell from whom we got -- it was the original Cottrell property. But for
some reason they were denied an access to Venable Lane and Venable Lane has
created a problem there for 30 some years, so I says, well, they tried to sell it and,
finally, I said, well, I should buy it and, then, we will have access, because, otherwise,
we have no access until Crossfield developed. So, that's how I ended up with it. As a
matter of fact, it was 20 feet that the county owned adjacent to Valen Court Subdivision.
The county gave that to the developer. It was becoming another weed patch, so I
ended up and bought that. So, now I'm taking care of two acres of weeds. And there is
not any growing there.
Rountree: Thank you.
De Weerd: Probably the only place we don't have weeds growing. I'm sorry. Any other
questions from Mr. Simonich?
Rountree: I have none, but I have a question for Gary.
De Weerd: Okay. Thank you. Do you have any further comments?
Simonich: If the engineers would like -- or Ada County Highway District, we can get
together and see what we need to do to make this thing work.
De Weerd: Thank you.
Simonich: All right. Thank you.
De Weerd: So, Gary, always nice to see you at our meetings.
Meridian City Council
July 14, 2009
Page 17 of 24
Inselman: Madam Mayor, Council, Gary Inselman representing Ada County Highway
District, 3775 North Adams, Garden City.
De Weerd: Thank you. Mr. Rountree.
Rountree: We have heard this evening that ACHD has been involved in this. What's
your take on what have you heard and what you have agreed to do or not agreed to do?
Inselman: It is true that the highway district does not normally accept unimproved rights
of way and that's what Mr. Simonich was told. When we met with your staff I
commented that if the city couldn't take ownership of the properly and hold it to preserve
this opportunity for the future, that I would support a recommendation to our commission
to vary from our standard procedure, since we already have a strip of unopened right of
way there that we have owned for quite some time that it perhaps is a good point for an
exception with some conditions. Generally if it's unopened we don't want it used, which
resulted in the comment from your staff that we would request that it be barricaded if we
were able to accept it until it was improved, so that, then, we are not asked to maintain
a gravel or dirt roadway as far as a private residence or subdivision traffic start using
that roadway, instead of the paved public street. So, one clarification from your staff
report is that at the staff level we cannot accept it, but we could take it to our
commission and, then, see if they would, if that was the desire of the city, if you weren't
able to take ownership of it, if Mr. Simonich could grant it to the city until such time as
our property developed and the road could be improved in the future.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: There is mention in the report we have -- and you just mentioned that there
was a condition that if the right of way were donated that it would be -- Venable Lane
would be barricaded on the north and the south. How, then, would the Simoniches
have access to their property?
Inselman: Once I think Stanhope is paved, he could access through Stanhope and
Crossfield Subdivision. That is platted street today, it just hasn't been paved out.
Rountree: So that would also be a condition of any action that might be taken that that
would have to be done before you could have bamcades placed?
Inselman: Absolutely.
Rountree: Okay.
De Weerd: Okay. Any other questions? Thank you.
Meridian City Council
July 14, 2009
Page 18 of 24
Inselman: If I may, one clarification I'd also like just to add for the record is one of the
reasons we -- the highway district normally doesn't accept unimproved right of ways is
the desire in the future that area residents may come and ask the highway district to
improve it. So, obviously, we would be looking for a future development in the area to
improve this roadway with much needed assistance from the city when the Ward
property develops.
De Weerd: Point taken.
Inselman: Thank you.
De Weerd: Thank you. Council, any other questions before we ask Becky to come up?
Mr. Simonich, did you understand, then, that if you were to donate Venable Lane you
would be taking access, then, through the subdivision once that's paved?
Simonich: I think that could be arranged until we -- that property that we live on
develops, because there is the stub street to that presently. Of course it's not paved
and -- but when we would develop the seven acres, then, we would have access. As a
matter of fact, we rotated our new house -- everybody now comes to the back door to
come down Venable Lane, but we have rotated our house so it would fit the seven acre
development.
De Weerd: So, you do know once that stub is paved that would be your new access?
Simonich: The garbage -- or the newspaper people use it, everybody uses it right now
and we use it if we can use that for a shortcut.
De Weerd: Okay.
Simonich: Anymore questions?
Rountree: That's all we wanted to know.
Simonich: Thank you.
De Weerd: Probably too much information. Thank you. Okay. Becky, wrap-up
remarks? Any?
McKay: I just want to let the Council know that I appreciate how the staff has worked
with us on this one and we came to some mutual conclusion and I appreciate their effort
and I'd just like Council to understand that there is so few developers wanting to move
forward at this time, that, you know, the importance of the project to our private sector is
immense and I think everybody wants job creation and improve the economic health in
the valley and for us it's kind of -- projects were usually impartial about now you're kind
of emotional about, because, you know, times are tough and there is so few of them.
So, we are just happy to be here. We are the only one. Thank you.
Meridian City Council
July 14, 2009
Page 19 of 24
De Weerd: Thank you.
Rountree: Madam Mayor?
De Weerd: Yes, Mr. Rountree.
Rountree: Got to ask you a question or two.
McKay: Yes.
Rountree: With respect to the access to the Simonich property, those roots and the
infrastructure have been -cut in, but they haven't been surfaced at this point in time; is
that correct?
McKay: That is correct.
Rountree: Is that the intention?
McKay: The base is in, it just needs paved.
Rountree: Is it the intention of the developer to at least do the access to that southern
property?
McKay: My understanding was they had intended on paving this summer.
Rountree: Okay.
McKay: I have not received a date. I know they did get some bids to do that.
Rountree: Okay.
McKay: Doug, do you have any information on that? Within the next six months.
De Weerd: Okay. Any further questions?
Rountree: I have none.
De Weerd: Thank you.
McKay: Thank you.
De Weerd: Okay. Council, if there is no further questions from -- Pete, do you --
Zaremba: Madam Mayor?
Meridian City Council
July 14, 2009
Page 20 of 24
De Weerd: Yes, Mr. Zaremba.
Zaremba: Just comment. I agree with the discussion that has led to support for
placement of the barricades, but somewhere in the notes it should be made clear that
those barricades can be removed when the road is -- when Venable is paved. I
wouldn't want somebody to think that the barricades are forever and, therefore, Venable
will never be completed.
Friedman: Madam Mayor, Councilmen, yeah, I think it will be up to us, because the
right of way is, actually, not a part of this application and the dedication of it is not
actionable by the Council, if you will, it's going to be an orchestration of the ACHD
commission being willing to accept the right of way dedication, coordinated with the
paving of Stanhope and, then, the bamcades going up and I think we can work with
Gary and maybe get those future road signs put on -- on those barricades.
Zaremba: Thank you.
Hoaglun: And, Madam Mayor, that's my one question is to be sure that, you know,
ACHD -- they can't do it at the staff level, they have to take this to the commission, and
that's kind of pending their approval -- you know, we hope they go forward and I agree
with what Gary said and that we should be on the record saying that future development
will need to pave that -- that road, that is something that needs to be done when the
Ward property develops, that that gets down, so if that's the -- what they need to go
forward with, I'm willing to commit to that for as long as I'm here. So, that -- I think that
is a key component of this whole thing is is that, then we will have to follow through with
that, so we can barricade and do the things we have talked about.
Friedman: Madam Mayor, Council Members, just a follow up on those thoughts. As I
mentioned, since it's not actually something that we can tie to this, the one critical piece
is the recommendation in the development agreement that whatever future
development occurs on this site, depending on what site plan ultimately is approved
through the design review process, that there is that vehicular access to Venable, so at
least we have that if in the unlikely event the commission doesn't accept the right of way
and so forth and we have to wait until subsequent development occurs, either down to
the south end or to the east of that. So, our real key lynchpin here is insuring that we at
least have that vehicle access to a future Venable.
De Weerd: Okay. Council, any further questions? Anything further from staff?
Friedman: Again, Madam Mayor, Council Members, Mrs. McKay did talk -- request that
the site plan and elevations be included in the -- in tonight's action and the
recommendation from the Planning and Zoning Commission is that -- simply that the
rezone be approved with the conditions of the development agreement, which requires
the design review approval and that the site plan and the elevations go through that
separate process, so that we review it at the staff level, working with the applicants and,
then, in areas where we may or may not have a meeting of the minds, we can have the
Meridian City Council
July 14, 2009
Page 21 of 24
option of convening our design professionals committee first to go through the analysis
of the site plan and the elevations for consistency with the design manual. So, all the
development agreement tonight is saying that the site should be developed consistent
with the urban guidelines in the design manual. So, in essence, what we are asking you
not to do is include these elevations and the site plan in the development agreement.
And that was the recommendation from the P&Z.
De Weerd: Okay. Council, any questions? Okay. If there is nothing further, do I have
a motion to close the public hearing?
Rountree: Madam Mayor, I move that we close the public hearing on Item No. 8.
Bird: Second.
De Weerd: I have a motion and a second to close the public hearing on Item No. 8. All
those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
De Weerd: They say silence is golden, but it's also uncomfortable.
Rountree: Madam Mayor, this is a bit convoluted, so it's going to take me a minute or
two to read through it.
De Weerd: That sounds good to me.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I will take a stab at this. I move that we approve the rezone request for Item
No. 8, RZ 09-002, subject to staffs comments, Planning and Zoning changes to staff
recommendations related to the DA provision 1.2.D, adding a new DA provision
requiring address identifications at each entrance, DA provision requiring the developer
to work with staff and ACHD to complete paving of accesses -- access roads within the
development, including Stanhope, to provide access the Simonich property, provided
there is a donation of right of way on the Venable Lane by the Simonich family to ACHD
for a future right of way use. That the DA provision H modify to include the construction
of a detached sidewalk as outlined in staffs comments to Council as -- as the revised
concept plan showing vehicular connection to Venable Lane and the extension of a
pathway on the east side of the site south of Stanhope Street be included and the
inclusion of P&Z Commission's recommendation that the rezone application and
development be administered through the design review process.
Hoaglun: Second.
Meridian City Council
July 14, 2009
Page 22 of 24
De Weerd: I have a motion and a second. Any discussion? Yes, Pete.
Friedman: Council Member Rountree, just as a point of clarification, the reference that
you made to the revised site plan was simply for having a vehicular access on -- what
ultimately is approved as a site plan through design review.
Rountree: Vehicular access and the pathway.
Friedman: Okay. Thank you.
Rountree: Those two points.
Friedman: Thank you very much.
De Weerd: Okay. Any other comments, clarifications? Madam Clerk, will you, please,
call role.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Item 9: Ordinance No.: Updating Licensing Code
Provisions:
De Weerd: Thank you for being here this evening. Okay. Item No. 9 is Ordinance
number 09-1421. Madam Clerk, will you, please, read this ordinance by title only.
Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 09-1421, an
ordinance of the City of Meridian repealing and replacing Title 3, Chapter 1, Meridian
City Code, regarding licensing or permitting requirements, criminal investigations of
applicants, and display of a valid license or permit, amending Title 3, Chapter 5,
Meridian City Code, regarding pawn broker license application fee, repealing and
replacing Title 3, Chapter 6, Meridian City Code, regarding definitions, City of Meridian
massage therapist license, application, issuance, denial, revocation, operating and
sanitary requirements, inspections and penalty, repealing and replacing Title 3, Chapter
8, Meridian City Code, regarding definitions, City of Meridian private security services
license, application, issuance, denial, revocation, operating requirements and penalty,
repealing Title 4, Chapter 2, Section 9, Meridian City Code, regarding garage, yard, and
similar sales.
De Weerd: Thank you. You have heard this ordinance read by title only. Is there
anyone who would like to hear it read in its entirety? Seeing none.
Bird: Madam Mayor?
Meridian City Council
July 14, 2009
Page 23 of 24
De Weerd: Mr. Bird.
Bird: I move we approve Ordinance 09-1421 with suspension of rules.
Rountree: Second.
De Weerd: I have a motion and a second to approve this item. If there is no
discussion, Madam Clerk, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Item 10: Executive Session per Idaho State Code 67-2345(1)(fl - (to consider
and advise its legal representatives in pending litigation):
De Weerd: Item 10 is an Executive Session. Do I have a motion?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1)(f).
Rountree: Second.
De Weerd: I have a motion and a second to adjourn into Executive Session. Madam
Clerk, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
MOTION CARRIED: ALL AYES.
EXECUTIVE SESSION.
De Weerd: Could I have a motion to come out.
Rountree: So moved.
Hoaglun: Second.
De Weerd: All those in favor'? All ayes.
Meridian City Council
July 14, 2009
Page 24 of 24
MOTION CARRIED: ALL AYES.
De Weerd: Do I have a motion to adjourn?
Rountree: So moved.
Hoaglun: Second.
De Weerd: All those in favor?
MOTION CARRIED: ALL AYES.
MEETING ADJOURNED AT 10:15 P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS)
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