HomeMy WebLinkAbout2009 11-10Meridian City Council Meeting November 10, 2009
A meeting of the Meridian City Council was called to order at 7:10 p.m., Tuesday,
November 10, 2009, by Mayor Tammy de Weerd.
Members Present: Mayor Tammy de Weerd, President Charlie Rountree, Keith Bird,
Brad Hoaglun, and David Zaremba.
Others Present: Bill Nary, Jaycee Holman, Pete Friedman, Bill Parsons, Clint Dolsby,
Tracy Basterrechea, Joe Silva, 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: Thank you for your patience. We appreciate you being here with us this
evening. I will go ahead and open this meeting. For the record it is Tuesday,
November 10th. It's -- I don't have my glasses on. Ten minutes after 7:00 and we will
start tonight's meeting with roll call attendance.
Item 2: Pledge of Allegiance by Nathan Yorgason wih Troop #513 of the
Vienna Woods LDS Ward.
De Weerd: Item No. 2 is the Pledge of Allegiance. Tonight we will be led by Nathan
Yorgason and he's with Troop 513 with the Vienna Woods LDS Ward. If you will,
please, come forward and lead us in the pledge. All rise.
(Pledge of Allegiance recited.)
De Weerd: I would like to present you with a City of Meridian pin and thank you for
leading us tonight and appreciate you being here. It's always fun to have a Boy Scout
lead us in the pledge. It's a favorite time of our meeting.
Item 3: Community Invocation by Stephanie Moore with Ten Mile Christian
Church.
De Weerd: Item No. 3 is our community invocation. I don't see Pastor Moore here.
Oh, well, there is substitute better than Pastor Moore. Stephanie Moore is here with
Ten Mile Christian Church. If you will all join us in the community invocation or take this
as an opportunity for a moment of reflection.
Moore: Our Faithful God, we will acknowledge your presence and your guidance at this
time. We thank you for our public servants who spend so much of their time in service
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November 10, 2009
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to our community and for the other community members who are here, because of their
concern for the good of our community. We ask that the decisions made this evening
would benefit -- benefit our community as you guide us. In Jesus' name we pray, amen.
De Weerd: Stephanie, have I given you a City of Meridian pin? Well, thank you for
joining us this evening.
Moore: Thank you.
Item 4: Adoption of the Agenda.
De Weerd: Thank you. Item No. 4 is adoption of the agenda.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: On the agenda I would like to ask that under the Consent Agenda Item 6-L
be moved to Item 8 for a brief discussion. Then, under Department Reports, Item 7-A,
the resolution is 09-699. And with those changes I move that we adopt the agenda.
Hoaglun: Second.
De Weerd: I have a motion and a second to adopt the agenda as changed. All those in
favor say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Item 5: Proclamation For Idaho Non-Profit Week.
De Weerd: Item. No. 6 is the Consent -- oh, I'm song. Item 5 is the proclamation. I do
want to say as the holiday season begins it is important for our local community to step
up and support our nonprofits, in particular our Meridian Food Bank is seeing an
extraordinary amount of need and people knocking on their door asking for help. This
organization, as well as others, need our help and it is by giving those our time, our
goods, and our money that these nonprofit organizations appreciate and recognize the
support they get from their communities, so that they can fulfill the missions that they
have to serve those in need in particular during this -- the upcoming seasons. So, I
would like to read this proclamation into the record. Whereas nonprofit organizations
help build and sustain healthy communities in our state while enhancing the quality of
life for Idahoans and for others throughout country. And whereas thousands of
nonprofit organizations based in Idaho contribute significantly to the viable economy by
providing Idahoans with jobs, goods, and services with expenditures of more than two
billion dollars and whereas Idaho's nonprofit leaders are often entrepreneurs creating
new solutions to problems and fill previously unmet needs in areas of health, recreation,
education, research, arts, social services and more. And whereas the nonprofit sector
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November 10, 2009
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works as a responsible partner with private enterprise and government to alleviate the
most pressing social issues of our time and whereas nonprofit organizations often fulfill
their missions by advocating on behalf of those who cannot advocate for themselves.
And, therefore, I, Mayor Tammy de Weerd, City of Meridian, do hereby proclaim
November 9th through the 15th to be Nonprofit Awareness Week in the City of Meridian
and encourage all citizens to continue to recognize and support nonprofit organizations
in our community. I, again, would like to say that Meridian Food Bank is in particular
need and to look at opportunities to be involved in small or big ways to certainly step up
and take those opportunities, because, after all, they are our citizens. As we look at the
Nonprofit Awareness Week I also would like to note the reason I was a couple minutes
late for our pre-Council meeting. I attended the Governor's Brightest Star Awards.
Meridian recognized four different entities. We had in the corporation Walmart. In our
small business our brightest star was Fred Kessler Agency. Our individual was Mark
Bennett. And our organization Meridian PAL Football. Again, they are our
representation of -- our community has a long time history of volunteerism and
philanthropy that has really given the character of this amazing community in which we
live, work, and raise our families. The Governor -- or First Lady's Brightest Star for the
state of Idaho was Walmart. Our small business of the year for the state of Idaho was
Fred Kessler Agency. Our individual Mark Bennett was one of three top candidates
recognized and awarded recognition at that event. So, Meridian's bright -- we are
shinning pretty bright tonight and -- and throughout the year because of the individual
and collective efforts of these amazing folks. So, just put that on the good news column
and remember that as we celebrate Nonprofit Awareness Week. Thank you, Council,
for letting me get on my soap box there for a minute.
Zaremba: Madam Mayor?
De Weerd: Yes.
Zaremba: I would add a couple of congratulations to what you have already said. One
is that Tracy Basterrechea has been appointed our new deputy chief of police.
Congratulations to him. And our Council President Charlie Rountree was named by the
Chamber of Commerce as man of the year.
De Weerd: Congratulations.
Zaremba: Congratulations to him as well.
De Weerd: And there were a couple us there that were there to witness it.
Rountree: It actually happened.
Item 6: Consent Agenda:
A. October 27, 2009 City Council Regular Meeting Minutes
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November 10, 2009
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B. Acceptance Agreement with Grange Group Art Guild for
Display of Artwork in Initial Point Gallery
C. Art Purchasing Agreement with Brian Schreiner for Art in
Public Spaces
D. Art Purchasing Agreement with Will Nelson for Art in Public
Spaces
E. Professional Services Agreement with Missoula Children's
Theatre
F. Task Order #10170 to Original Contract dated November 8,
2006 with Civil Survey Consultants, Inc. for Engineering
Consulting Services in Conjunction with the Linder/Pine
Intersection Utility Improvements
G. License Agreement with Nampa BZ Meridian Irrigation District
to cross the Vaughn Lateral in two locations with a Reclaimed
Water line and a truck sewer line in conjunction with the ACHD
Franklin Road Project.
H. Agreement between SPF Water Engineering, LLC for
Wastewater Treatment Plant Operations and Maintenance
Manual.
I. Encroachment Easement Agreement for On the Border
Restaurant, located in the Southeast Corner Marketplace
Subdivision No. 2 by ReLo Boise, LLC, c/o ReLo Development,
LLC.
J. Encroachment Easement Agreement for Chili's Restaurant,
located in Southeast Corner Marketplace Subdivision No. 2, by
ReLo Boise, LLC, c/o ReLo Development, LLC
K. Authorize Bid amount for the Ten Mile Rd. -Franklin to Cherry
Reuse Pipeline and Franklin Rd. sewer main and reuse
pipeline installation project in conjunction with the ACHD road
project at the same locations for aNot-to-Exceed amount of
$718,035.98.
De Weerd: It did. Okay. Item 6 is our Consent Agenda.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
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November 10, 2009
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Zaremba: For the Consent Agenda I would like to add a couple of comments. Item B is
at no cost to the city. Item C, the cost is 1,500 dollars. Item D, the cost is 1,500 dollars.
Item E, the cost is 2,650 dollars. F is already printed. G, the cost is 428 dollars. Item
H, the cost is not to exceed 22,000 dollars. I is at no cost to the city. J is at no cost to
the city. K is printed. And L we ask to move to Item 8. With that I move we approve
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. Any discussion? Madam Clerk, will you,
please, call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Item 7: Department Reports
A. Resolution No. :Appointing Shawn Testin
to Seat 8 of the Parks and Recreation Commission
De Weerd: Under Department Reports, Item 7-A is proposed resolution number 09-
699. It is for the appointment of Shawn Testin to Seat 8 of the Parks and Recreation
Commission. Council, the Council -- or Commission President John Nesmith, the parks
director, and I met with five outstanding candidates and what a great problem to have is
to select people very passionate about getting involved and serving the citizens of our
community and being enthusiastic. They brought a very diverse experience and
background to the table. Shawn Testin grew up in Meridian and he's involved, wants to
be further involved. He brings a different perspective to the commission that had some
great appeal and his interest, as well as kind of filling an area that didn't exist on the
commission. So, that appointment is in front of you for your consideration and your
confirmation.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: If there is no other comment, I move that we approve resolution 09-699,
confirming the appointment of Shawn Testin to Seat 8 of the Parks and Recreation
Commission.
Hoaglun: Second.
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November 10, 2009
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De Weerd: I have a motion and a second to approve the commission in front of you.
Any discussion? Madam Clerk, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes.
MOTION CARRIED: ALL AYES.
De Weerd: Council, I will note that an invitation has been made out to the other four to
be involved in our subcommittees and certainly we want to tap into their passion and
experience and willingness to serve. So, hopefully, you will continue to see additional
opportunities for citizens to serve.
B. Ada County Natural Hazards Mitigation Plan Update
Participation
De Weerd: Item 7-B is -- I'll tum this over to Clint.
Dolsby: Madam Mayor, Members of the Council, the Public Works Department would
like to participate in the Ada County Natural Hazards Mitigation Plan update, which
encourages and rewards the local and state pre-disaster planning. It's helpful and
participation by the local governments will insure that our interest -- or City of Meridian's
interest are recognized in this planning document and that we have funding for
mitigation projects, such as like the Five Mile restoration project that we did last year.
So, what we are requesting is approval of staff participation in this update and
authorization of the Mayor to sign a letter of intent and it's a no cost item.
De Weerd: I like the last statement. Council, any questions?
Bird: I have none.
Rountree: I have none.
De Weerd: Okay. We do need a motion to authorize entering into the agreement and
authorizing me to sign.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move that we approve the -- going into the mitigation plan for Ada County and for
the Mayor to sign a letter of intent.
Rountree: Second.
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November 10, 2009
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De Weerd: Okay. I have a motion and a second. Any discussion? Seeing none,
Madam Clerk.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes.
MOTION CARRIED: ALL AYES.
Item 8: Items Moved From Consent Agenda
L. Findings of Fact and Conclusions of Law for Approval: VAR
09-004 Ashford Greens Pump House
De Weerd; Okay. Item L was removed from the Consent Agenda, so we will --
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I am member of the Ashford Greens homeowners association and in the
spirit of conflict of interest I removed myself from this subject when it came up for
discussion and I asked tonight that it be moved off the Consent Agenda, so that I would
have the opportunity to abstain from the vote.
De Weerd: Okay. Thank you, Mr. Zaremba, for clarifying that. Council, I will need a
motion on this item.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Move that we approve the variance 09-004 for Ashford Greens pump house.
Hoaglun: Second.
De Weerd: I have a motion and a second to approve the Findings of Facts and
Conclusions of Law for VAR 09-004. I will ask Madam Clerk for roll call.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, abstain; Hoaglun, yea.
De Weerd: All ayes. One abstention.
Zaremba: Thank you.
MOTION CARRIED: THREE AYES. ONE ABSTAIN.
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Item 9: Action Items
A. Public Hearing: AZ 09-006 B1. Request for Annexation and
Zoning of 5.02 Acres from RUT (Ada County) to R-4 (Medium
Low Density Residential) zoning district by B1, LLC -east of
Jericho Road, 1/4 mile south of Chinden Boulevard,
approximately 650 feet west of Locust Grove Road
De Weerd: Okay. Item 9 under action items. We have a public hearing on AZ 09-006.
I will open this public hearing with staff comments.
Parsons: Thank you, Madam Mayor, Members of the Council. The application before
you tonight is an annexation request to zone 5.02 acres from RUT in Ada County to the
R-4 zoning district within the city boundaries. At this time the applicant is proposing to
construct one single family detached home on the project -- on the subject site, with
plans to subdivide the property in the future. The site is located on the east side of
Jericho Road, south of the Chinden Boulevard, and approximately 650 feet west of
Locust Grove. The subdivision to the immediate east is known as Reserve Subdivision.
There is a public school to the north, zoned R-4. The Arcadia Subdivision is on the
western boundary, zoned R-8, and the property to the south is undeveloped Ada County
property, currently rural residential. Here is the conceptual plat that the applicant is
showing. You can see there -- with the hashed line there that the applicant is proposing
to place the home there on that site. During the public heaing Planning and Zoning
Commission had recommended approval of this annexation. With that approval there
are some DA provisions that we have attached to the staff report and I will go over
those a little bit later. One thing Iwould -- speaking in favor of the application was Jim
Conger, which is the applicant's representative. Commenting on the application was
Tyler Rountree and Marcel Goldberg. The applicant did submit a letter in response to
the staff report and at that hearing we did discuss several of the DA provisions. I
presented the staff report and Pete Friedman and Scott Steckline provided additional
comments on the application. Key items of discussion that were at that hearing was
extension of East Commander Street to Jericho Road. So, if you look at the preliminary
-- or this concept plan here you can see that East Commander Street is stubbed at the
eastern boundary and as part of the DA provision that staff was recommending we
encouraged -- or require that that extend through the site and stub -- and connect to
Jericho Road. That provision was modified at the Planning and Zoning Commission
hearing and what it was changed to, based on P8Z recommendation that East
Commander Street would come through the site, however, if the stub street in Madelain
Estates, which is to the south of this, was to be punched through and connect at the
southern boundary of this proposed annexation -- annexed property, then, that could, in
fact, connect there, rather than connect to Jericho Road. The other -- the other topic of
discussion was also the compatibility of future homes with surrounding and existing
homes in the area and what staff has tried to do and what P&Z has upheld in that
recommendatian in the DA is that they submit elevations consistent with that design
manual and that is one of the other DA provisions that we have for you to look at
tonight. So, basically, what I want to do is go back up here and explore that. The
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November 10, 2009
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applicant wishes to discuss with you several -- or at least one additional DA provision,
which is number one in the staff report, and that -- basically, when we went to P&Z we
discussed required -- staff recommended that the applicant submit a CZC for the
approval of the home site. Planning and Zoning upheld that recommendation. The
applicant was okay with that decision at that time and since that meeting they sent over
an exhibit to staff to look at and want to discuss with you tonight the possibility of
attaching -- rather than requiring the CZC, attach an exhibit showing where the building
envelope is and that that would suffice for the requirement for the CZC. So, I will let
them explain their intentions on that. Staff still wants to proceed with the approval of the
CZC process. That's our mechanism for reviewing the site plan and insuring that they
are in compliance with the DA provisions that we have before you tonight. Again, here
are the DA provisions that are pertinent to the project. We are allowing the applicant --
or recommending the applicant obtain abuilding -- obtain one building permit and that
they need CZC approval for that. Any future development will be subject to the
Meridian open space requirements. Again, the applicant would have to submit
elevations consistent with the residential guidelines in the Meridian design manual.
Again, here is the requirement of East Commander Street being punched through and
connecting to Jericho or as amended at the P&A hearing, as an alternative that if that
public street is provided at the south boundary they could stub at that point, rather than
connecting with Jericho. And, again, if I can go to this aerial here, if you see in the
northwest comer there you see a gravel patch there with some construction material on
the site and, basically, because the applicant -- the applicant is now requesting an R-4
zoning district within the city, our code prohibits contractor's yards in the residential
zoning district. So, that -- use of that on that site would not be in compliance with our
ordinance and is, actually, a prohibited use. So, staff is also -- and P&Z has
recommended the DA provision as well that they remove that construction yard prior to
us issuing a building permit for the site. And with that, again, P&Z upheld the
recommendation. Staff did receive a written statement from the applicant. He's in
agreement with all of the DA provisions with regards to number one, which he wants to
talk about attaching the exhibit in lieu of the CZC approval. With that I would stand for
any questions Mayor and Council may have.
De Weerd: Council?
Rountree: Madam Mayor?
De Weerd: Yes.
Rountree: Bill, if you would go back -- well, Iguess -- go back to the slide you had
showing the concept. Yeah. Commander you indicated is stubbed to the west, but it's
also stubbed to the north and south, is it not, at the traffic circle currently?
Parsons: Yeah. It's stubbed to the south. Correct.
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November 10, 2009
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Rountree: Okay. And the portion that's highlighted there with the diagonal lines, that's
the same or similar piece that we show in Exhibit D from the applicant?
Parsons: President, Members of the Council, that is correct.
Rountree: Okay. And remind me of the process -- if we were to annex this to R-4 and
they propose to build on that particular lot, is a CZC typically required before they get a
building permit on that?
Friedman: Madam Mayor, Council Member Rountree, Council Members, typically we
do not require CZCs for single family homes. However, because there is a concern
about the placements of a house on the property precluding future access through the
property at the time of subdivision, if it's just attached to the development agreement,
then, it would go straight to the building permit and in a sense they wouldn't necessarily
have eyes on the conditions, because they rarely look at the development agreements.
The CZC is the mechanism -- kind of our belt and suspenders approach of insuring that
whatever conditions Council may place on through a development agreement we catch
via the CZC process.
Rountree: Thank you.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: At the time that the Arcadia Subdivision, which is on the west border of this,
was put in, the piece of property that we were talking about and the piece of property
where it does say East Commander Street were all one piece of properly and Arcadia
was designed in the fashion that it was -- as a matter of fact, they had to change their
design to make it possible to have that access out of the northeast comer of Arcadia
through this property when it developed and part of the reasoning there was that -- at
the time and maybe now Jericho was going to lose its access to Chinden and even if it
kept its access people coming and going from Arcadia needed a quicker way to get to
Locust Grove. So, there has been a long standing need -- and I know the discussion
was -- was had heavily at the Planning and Zoning Commission, because I was there at
the time -- when -- when these two pieces of property, the piece closer to Locust Grove
was developed, of making sure that whatever happened was not going to prevent the
connection to Jericho and I suspect that that did not come up with the current Planning
and Zoning Commission, but it's a requirement of Arcadia that that connection be made
and I'm personally loath give it up.
De Weerd: And, Mr. Zaremba, that's -- that's what I was remembering on this and
doesn't -- I just wonder what the value you add by the -- the southem connection when
the subdivision to the west already has a southem way out of that puzzle maze to the
south of it. It makes more sense allowing them to come and go east to North Locust
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November 10, 2009
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Grove and I didn't read the minutes to see what the discussion was regarding that, but
what is the thinking there?
Friedman: Madam Mayor, Members of the Council, I don't know if I'm going to try to tell
them to the thinking of our Planning Commission members, but I think it was --
De Weerd: Okay. What was the discussion?
Friedman: As Bill had stated, the original staff recommendation was for any future plat
of this property to include an extension of east Commander to Jericho, having, you
know, considered previous actions in the area and, in fact, if you look to the south
where it's already platted, as the Mayor indicated, you have a southern connection
already and our thinking was, well, what does another one get you, it just takes you into
another maze in trying to find your way out to Locust Grove, rather than having the most
direct route between Jericho through via East Commander. At the public hearing the
proponent had, I believe, proposed sort of altemative language. They had proposed
this concept of going to the south, rather than going to the east. And so I believe what
the Planning Commission did at that point in their recommendation was that it either be
stubbed to the -- an extension of Commander either be stubbed to the west to the south
to the nearest existing road that -- to the nearest road that is in existence at the time
that this property may plat. So, you know, were they thinking that it's more likely that
Jericho would be the road in existence at the time that this property plats or is it
conceivable that something could occur immediately to the south. So, they were, you
know, providing an altemative, I gather. But they -- and one key point in the
recommendation was that it connect to an existing road.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Bill, if you'd pull back up that original concept. And it's interesting to kind of
get an understanding of where the connection came from, but Pete's correct, the road
on the very bottom of that aerial, not in that subdivision, but in the next subdivision
south, actually does go through to Locust Grove all the way into Saguaro Canyon. My
concern with that stub in the original concept is that parcel to the north is a school site
and within not too many feet with the concept that's being proposed you have yet
another through traffic move right adjacent to the entryway into what will ultimately be, I
believe, is an elementary school site.
De Weerd: It's a private school.
Rountree: A private school. Anyway, it's a school site, so -- if that school site doesn't
go, if that turns into residential, then, you have another conflict with turning moves and
that sort of thing at that particular location. So, I think that the -- the original anticipated
traffic flow out of that section going to the east and ultimately to the north when Saguaro
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November 10, 2009
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Canyon gets done, which will provide yet another connection with Chinden probably is
accommodated.
De Weerd: With which design?
Rountree: With what's there.
De Weerd: Right there?
Rountree: Yeah.
De Weerd: Yeah.
Rountree: But whether you go to Jericho or whether you go south is a moot point.
What Planning and Zoning wanted to have done is done now and that's a direct
connection with Locust Grove.
De Weerd: Okay. That's clear as mud. Would the applicant like to come forward. If
you will, please, state your name and address for the record.
Conger: You bet. Madam Mayor, Members of the Council, Jim Conger, 1627 South
Orchard Street. First thanking staff, of course. We have been working on this for the
last couple months and, actually, the P&Z Commission very much -- or, you know, need
to thank them as well, it was not -- I mean it was a pretty lengthy meeting if you were to
look at the minutes. I think touching, basically -- I didn't actually plan on addressing the
stub roads, but we are. We have to come back if this property ever develops and it's an
if. Everybody says when. But it's an if and when. We just wanted the language lose
enough to be taken up when the preliminary plat is submitted, so the development
agreement is in place that will get this stub road either to the west to Jericho or south
out of the property. Obviously, very much needs to be connection either way. The
Arcadia back in the day -- because we were also involved with bringing that through the
entitlement process, so we are very very familiar with it. That was never really
supported by the Ada County Highway District. We understand the City of Meridian at
that time and maybe at this time still thinks Jericho is a better connection. That roadway
has oversized right of way, but at no point was there any stub or any improvements that
would facilitate this roadway. It doesn't mean you can't build them. Don't get me wrong,
I'm not saying you can't, but it's vertical curb and gutter, it's detached sidewalk for
walkability to the school and it's one hundred percent landscaped and maintained by the
homeowners association of Arcadia. If this was a mandated plan to stub out of that
comer, there is no way we would have gotten our construction plans approved without
stubbing out of that comer and from a planning standpoint, if you look at the radiuses on
the existing road coming out, you look at the radius required for our new road to come
out, there is no good planning sense whatsoever to have an intersection, we just don't
build intersections like that anymore. That's reminiscent of old streets and, yes, from a
development mind we may have to go that way if this property develops and there is no
other way to go, it may make more sense to go south when that time comes. The P&Z
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at the time and the City Council of the future times will have that opportunity to decide
what's better for the city and what's better for the highway district and what's better for
the neighbors, quite frankly. I don't think with our annexation we need to get locked into
certain location of a connection when we don't even have a preliminary plat in front of
you and it seems -- seems abit -- bit of a - I guess moot point to coin a phrase from
Council Member Rountree. I will stand to any questions on that. Let me touch briefly
on the Exhibit B of staffs, which is item 1.2, which is the items that will be inside the
development agreement that is the -- obviously, as you know, the agreement that runs
with the land that will dictate what happens to this property in the future. In that item
one we did work hard with staff and, of course, the Planning and Zoning Commission.
The CZC is our only issue of this report. This was not in the original staff report, so I -- I
guess I stand here not thinking this was part of our Commission approval. The CZC is -
- Ithink as staff alluded to, it is not used in a residential environment typically speaking.
It is -- and it's two things. It's a bit of a financial burden that -- that's one item, but more
than that, if you look at the application, CZC, all of it is -- is, basically, nonapplicable to
the requirements that this land will have until it develops. So, I think we kind of have the
wrong vehicle here to protect the city. We have a development agreement that will be
in place. It's going to remove that contractor's yard. It's going to limit one house built on
this five acres. If the city can't trust their development agreement for the building
department to be able to read that or -- I mean what's to stop us from building three
homes on this property, then? I mean I think that development agreement is in place
and has to be the vehicle the city needs to trust and rely on to make it -- to protect with
these conditions. Ithink the last item that I will hand out, so everybody doesn't have to
look, is inside the Unified Development Code, which is what this property is being asked
to live up to and what it will live to, if that's the code that's around, but it is the code we
have today -- is Section 11-5B-1 is the certificate of zoning compliance code and Item B
is applicability and it is crystal clear and I will read the sentence and, then, I will hand it
out under applicability. These provisions, which is the certificate of zoning compliance,
do not apply to single family detached dwellings or secondary dwelling units. This isn't
the vehicle that's utilized for -- for compliance of residential dwellings. So, that -- you
know, I'm basically going to bring my testimony to a close. I'm certainly willing to stand
for" questions. We definitely want to adhere to that Exhibit B, which will be the
conditions that are inside the development agreement. We are not trying to not adhere
with anything. If we need to add an extra exhibit inside the development agreement that
dictates exactly where the house is, my client's already willing to do that. There is no
issue with that. The CZC -- I also attached the checklist for the CZC on the back of
what I gave you -- is, you know, 95 percent unapplicable and items that would not be
produced for this single building permit. Thank you.
De Weerd: Thank you. Council, any questions for the applicant's representative?
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Meridian City Council
November 10, 2009
Page 14 of 20
Hoaglun: Jim, if we could go back to that overview slide again. Right there. Thank
you. That property to the south, that still looks like afarm-type setting, that's not
property that you own or your client owns; is that correct?
Conger: Yeah. Madam Mayor, Council Member Hoaglun, that is not ownership. That's
separate ownership.
Hoaglun: Okay. Because what I'm trying to figure out is in the future if that property
gets developed with the concept that is laid out here for the property that you're
proposing, it will probably be, since they are similar in size, a similar linear development
where you got a street coming down the middle of that and there is kind of that lane or
demarcation line right through the middle. I don't think ACHD would allow them access
to Locust Grove with the Segundo to the south and Commander to the north and I see
that -- the stub coming off of Commander from the circle heading south would be an
access point and, then, off of Tuttle Street to stub down farther to the west would be an
access point and you would have this Z type of configuration and I think you raise a
good point, we don't know what the future will hold for these developments, whether it's
this property or that property, but if that's the case, we might still need that access point
to Jericho if those -- there is no access out to North Locust Grove and that's how it gets
developed, because they may not want that one to do L shape as proposed in the
handout that -- that I saw. We are kind of beholding to them and you are too if they say,
no, we are going to design our development this way and stub it out as I outlined to the
circle and to Tuttle and before you have got the street they say, no, we want our
property, we are kind of -- you know, not sure what we are dealing with there. But I
have to agree with you that -- that street going onto Jericho is kind of funky and that's
not atypical -- even though it's just a drawn section, it's -- it is rather unusual and it does
look like it takes up a little bit of usable property there that I would assume would --
could be a collection basin and those types of things. But do you have any idea what's
going to happen to the property to the south at all or if that's even being considered in
the near term?
Conger: Council Member Hoaglun, no, I am not aware of any planning activities with
the properties to the south. Currently a house.
Hoaglun: Thank you.
De Weerd: Okay. Any further questions? Thank you. Is there any testimony that the
public wishes to offer on this item? Okay. Staff, any further comments?
Friedman: Not at this time.
De Weerd: Council, anything further? If not, I would entertain a motion to close.
Rountree: So moved.
Bird: Second.
Meridian City Council
November 10, 2009
Page 15 of 20
De Weerd: I have a motion and a second to close. Item 9-A. All those in favor say
aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I would repeat I guess my earlier discussion in that the location of this one
house does not prevent all the previous thinking from happening and that is that I
believe it should connect to Jericho. That would still allow this house to be built where
they are proposing it.
De Weerd: Thank you. Council, if there is no discussion I would entertain a motion or
discussion.
Zaremba: Let's see.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I'm still not convinced that the issue of through connectivity is an issue for
this particular application. They may develop that as two executive lots and have a --
have ahammerhead or a circular turnaround at the end of Commander and access
would go no further to the west. As Councilman Hoaglun indicated and on their Exhibit
D they show a south connection stub. If that stub were ever to be there and at such
time as the land to the south decided to develop, that stub would probably be required
to be connected, as is the stub that already exists on Commander to the south. So, I
think either option is an option. I don't know that I -- we want to preclude either one or
the other. But given somebody's to opportunity develop whatever they might want to do
on two and a half acres, they may not want to put that through. And now that we have
access to the -- Locust Grove to the south of that particular site, I don't know that it's a
matter of urgency. So, I think -- my position is I don't want to preclude either of the --
any of those options by saying they have to do it. I mean I could throw in another
objection to the one bullet point and say they either extend it to Jericho, they stub it to
the south, or upon final platting and they want executive size lots and want to change
the zoning to R-1, they could do that.
De Weerd: I guess, Council, in the past some of these questions are the exact reason
why we don't annex without a plat.
Rountree: Exactly.
Meridian City Council
November 10, 2009
Page 16 of 20
De Weerd: Just a new thought to throw in there.
Hoaglun: So, Madam Mayor, to follow up with that comment and what we are annexing
is five acres with a single residence to be built on that and, then, if they choose down
the road to do something additional, then, they would come forward with -- with that plat.
Zaremba: And the stipulation is that the single house not be built in such a way to
preclude a through street.
Rountree: Don't have a problem with that. Give the option to the landowner.
Zaremba: And we deal with it when the plat comes.
Rountree: Yes.
Zaremba: Okay.
De Weerd: Okay. Are we ready for a motion?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we approve the annexation application AZ 09-006, subject to
staff and applicant comments. Modify the DA provision, the third bullet point that starts
out East Commander Street shall be extended through and indicate that at such time as
the parcel is redeveloped that there will be an extension of Commander through the
parcel.
Zaremba: Madam Mayor?
Rountree: And that the house be built in such a way on the applicant's Exhibit D that
would not preclude the future extension.
Hoaglun: I will second that and have an issue to discuss.
De Weerd: Thank you.
Hoaglun: For the maker of the motion, the requirement -- your motion would require the
applicant secure a CZC?
Rountree: No. I wasn't through, but that's okay.
Hoaglun: Okay.
Rountree: And that a CZC would not be required.
Meridian City Council
November 10, 2009
Page 17 of 20
Hoaglun: Okay. And I would approve that. Thank you.
De Weerd: So, second agrees?
Hoaglun: Yes.
De Weerd: Okay. Any discussion? Okay. 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.
B. Public Hearing: TE 09-018 Settlement Bridge Subdivision No.
6. Request for an 18 month Time Extension to record the Final
Plat by Capital Development -SEC of N. McMillan Road and N.
Locust Grove Road
De Weerd: Okay. Item 9-B is a public hearing on TE 09-018. I will open this public
hearing with staff comments.
Friedman: Madam Mayor, Members of the Council, this is an extension for phase six of
the Settlement Bridge Subdivision. The initial preliminary plat was approved in 2004
and the first five phases have been completed. The final plat for phase six, which is the
final phase, was approved in 2006 and was to be recorded by March of 2008. In 2008
we did issue an administrative time extension for that final plat and that was valid until
September 29th of this year. The applicant did file a timely request for this extension
and we have reviewed the plat and the request for the extension and are recommending
approval with no additional conditions, as we find that the plat as designed is compliant
with the UDC, including the open space provisions.
De Weerd: Thank you. Council, any questions for staff? Any comments from the
applicant? Good evening. If you will, please, state your name and address for the
record.
Yorgason: Thank you, Madam Mayor. Dave Yorgason with Capital Development. Our
address is 6200 North Meeker Place in Boise and the only comments I have is two.
Thank you for giving my son the opportunity to say the Pledge of Allegiance tonight.
De Weerd: Well, thank you for bringing the more important person.
Yorgason: He's the smarter and he'll do just fine as he grows to maturity. Secondly, we
agree with staff and appreciate their analysis and we just request for your extension
tonight.
Meridian City Council
November 10, 2009
Page 18 of 20
De Weerd: Thank you.
Yorgason: Thank you.
De Weerd: Council, any questions for the applicant?
Bird: I have none.
Rountree: I have none.
Hoaglun: I just had a comment for him. Appreciate your request for a time extension
with our changes in our requirements and you have already met or exceeded those
before we even did that, so I think that speaks to the quality of the development. So,
thank you.
Yorgason: Thank you.
De Weerd: Thank you for being here.
Yorgason: You're welcome. Thank you.
De Weerd: This is a public hearing. Is there anyone else who would like to provide
testimony on this application?
Rountree: Madam Mayor?
De Weerd: Yes.
Rountree: Seeing none, I move that we close the public hearing for TE 09-018.
Bird: Second.
De Weerd: I have a motion and a second to close. All those in favor say aye. All ayes.
Motion carries.
MOTION CARRIED: ALL AYES.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we approve the request for a time extension under TE 09-018.
Hoaglun: Second.
Meridian City Council
November 10, 2009
Page 19 of 20
De Weerd: I have a motion and a second to approve. 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.
De Weerd: We are at the end of our agenda. Council, just would like to remind you to
set on your calendars for November 22nd, we will be having our community
Thanksgiving. This year it will be Valley Shepherd Nazarene and would love to have
you mark that down and join us that evening.
Bird: What time?
De Weerd: I don't know.
Hoaglun: I believe it's 7:00 p.m.
Zaremba: November 22nd the Sunday you mean?
De Weerd: Yes.
Zaremba: Okay.
Hoaglun: It might be 6:00.
De Weerd: 6:00. 6:00 o'clock. Thank you, Mr. Hoaglun. If there is no further business
in front of this body, I would entertain a motion to adjourn.
Rountree: So moved.
Hoaglun: Second.
De Weerd: All those in favor?
MOTION CARRIED: ALL AYES.
De Weerd: We are adjourned.
MEETING ADJOURNED AT 8:02 P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS)
Meridian City Council
November 10, 2009
Page 20 of 20
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