HomeMy WebLinkAbout2006 10-10Meridian City Council Meeting October 10,
2006
A meeting of the Meridian City Council was called to order at 7:08 P.M., Tuesday,
October 10, 2006, by Mayor Tammy de Weerd.
Members Present: Mayor Tammy de Weerd, Shaun Wardle, Keith Bird, Charlie
Rountree, and Joe Borton.
Others Present: Bill Nary, Will Berg, Caleb Hood, John Overton, Bill Johnson, Brad
Watson, and Dean Willis.
Item 1: Roll-call Attendance:
Roll call.
X Shaun Wardle X _ Joe Borton
X__ Charlie Rountree X Keith Bird
_X_ Mayor Tammy de Weerd
De Weerd: Good evening. I will go ahead and call tonight's meeting to order.
Welcome. We appreciate you joining us tonight. It Is Tuesday, October 10th. It's a few
minutes after 7:00. We will start tonight's meeting with roll call attendance.
Item 2: Pledge of Allegiance:
De Weerd: Item No. 2 is our pledge of allegiance. Tonight we will be led in the pledge
by Taylor Osborn. If you will all rise and join Taylor in the pledge.
(Pledge of allegiance recited.)
De Weerd: Taylor, I do have a Meridian City pin for you for leading us today. Thank
you for joining us.
Item 3: Community Invocation by Pastor Shawn Ragan with Church of God
Seventh Day:
De Weerd: Okay. Tonight on Item No. 3 we will be led in our community invocation by
Pastor Shawn Ragan. He's with the Church of God Seventh Day. If you will all join us
in the invocation or take this as an opportunity for a moment of silence.
Ragan: Madam Mayor, Members of the Council, thank you for the opportunity to be
here. Let us pray. Our most kind and loving Heavenly Father, we pause to come
before you today to thank you, to praise you, Lord, to ask for your presence and leading
here tonight. We pray that you would be with our city, that you would be ever present in
Meridian. Pray that you would be with our police and firemen as they go about their
daily duties and as they enter harm's way that you would provide safety for them that
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October 10, 2006
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you would watch over them. Lord, we pray that you would be with our city employees
and all of the volunteers and all of the people who are working to make Meridian a
better place. We pray that you would be with the various programs and things like
Meridian's Promise and the anti-drug coalition and just the different community and
various organizations that are working to make an impact in our city. And, Lord, we
pray that you would help them produce fruit and bless each one of those people. Lord,
we pray that you would be with our Mayor and our City Council this evening in the
decisions that they face. That you would give them wisdom to know the right course of
action and what your desires are for our city. Lord, we know there are many problems
our city faces. We know that you have the answers and that you are the way. We pay
that you would be with us and be with those who rule over us. We ask for this and all
things in the name of your precious son Jesus Christ, Amen.
Item 4: Adoption of the Agenda:
De Weerd: Thank you, Pastor Ragan. Item No. 4 is adoption of agenda.
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: On the agenda, Item 7-A-1 is Resolution 06-537. Item 12 is Ordinance No. 06-
1267. Item 13, 06-1268. Item 14, 06-1269, and Item 15, Executive Session, I'm going
to ask to -- we took care of this in Pre-Council and it shall be deleted. And with that I
would move that we adopt or approve the adoption of the agenda.
Bird: Second.
De Weerd: Mr. Wardle, if I could -- I have an introduction to add under my department
reports. If that would be allowed.
Wardle: Item 5?
De Weerd: Yes.
Wardle: With the addition of Item 5 from the Mayor's office.
De Weerd: Thank you. Does second agree?
Bird: Agrees.
De Weerd: Okay. Thank you. All those in favor of adopting the agenda as amended
say aye. Okay. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
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October 10, 2006
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Item 5: Special Presentation / Certificates of Recognition to Kelsey
McDonald and Jenny Riedel:
De Weerd: Item No. 5. We do have a special presentation tonight and we have Deputy
Chief Johnson here to introduce it.
Johnson: Madam Mayor and Members of the Council, as you know, October is Fire
Prevent Month and just last week you issued a proclamation declaring this to be Fire
Prevention Month in Meridian. The fire department would like to recognize a couple of
young ladies from the city whose quick thinking and swift actions prevented a fire that
had started on the exterior of a three story six unit apartment complex from becoming a
major fire. On October 1st at approximately 6:15 a.m. Kelsey McDonald was in route
to the computer lab of the James Court apartment complex when she heard a fire alarm
going off and looked around and saw a piece of furniture burning on a back patio. She
ran back to her apartment to get her cell phone and call 911. She, then, awakened her
roommate Jenny Riedel and together they located a fire extinguisher nearby and
extinguished the burning futon with flames lapping up the back side of this apartment
building. The swift actions of these two young ladies prevented the spread of fire into
the apartment building and kept the fire loss and potential of human life to a minimum.
Therefore, on behalf of the Meridian Fire Department, City of Meridian, we proudly ask,
the Mayor to present these certificates of appreciation for a job well done to Kelsey
McDonald and Jenny Riedel for their quick thinking and decisive action in preventing a
disaster on this 1st day of October 2006. Jenny, would you and Kelsey come forward,
please.
De Weerd: Well, I'm very pleased to present to you both tonight these certificates of
appreciation. Again, as Chief Johnson had mentioned, this is Fire Prevention Month
and we appreciate this -- us being able to honor your quick actions. What this says is in
recognition of your quick actions in summoning assistance, alerting residents, and
extinguishing a potentially dangerous fire in the early morning hours of October 1st,
2006, in Meridian, Idaho. And we give these to you with our gratitude and appreciation.
Kelsey. Thank you so much.
Item 6: Consent Agenda:
A. Approve Minutes of September 5, 2006 City Council Regular
Meeting:
B. Approve Minutes of September 12, 2006 City Council Regular
Meeting:
C. Findings of Fact and Conclusions of Law for Approval: AZ
06-028 Request for Annexation and Zoning of 4.43 acres to an R-
15 (Medium High-Density Residential) zone for Touchstone Place
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October 10, 2006
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Subdivision by Horizon Development – 1187 East Fairview
Avenue:
D. Findings of Fact and Conclusions of Law for Approval: PP
06-028 Request for Preliminary Plat approval of 2 residential lots
(proposed to contain 48 Multi-Family units) and 2 common lots on
4.43 acres in a proposed R-15 zone for Touchstone Place
Subdivision by Horizon Development – 1187 East Fairview
Avenue:
E. Findings of Fact and Conclusions of Law for Approval: CUP
06-021 Request for Conditional Use Permit approval to construct a
multi-family development consisting of 48 multi-family dwelling units
(8 plexes) on 2 lots totaling 4.43 acres in the proposed R-15 zone
Touchstone Place Subdivision by Horizon Development – 1187
East Fairview Avenue:
F. Findings of Fact and Conclusions of Law for Approval: AZ
06-029 Request for Annexation and Zoning of 10.39 acres from
RUT to an R-4 zone for Silversprings Subdivision by Reed
Kofoed – south side of McMillan Road and west of Locust Grove
Road:
G. Findings of Fact and Conclusions of Law for Approval: PP
06-029 Request for Preliminary Plat approval of 29 single-family
residential lots and 4 common / other lots on 9.88 acres in a
proposed R-4 zone for Silversprings Subdivision by Reed
Kofoed – south side of McMillan Road and west of Locust Grove
Road:
H. Development Agreement: AZ 05-021 Request for Annexation
and Zoning of 2.78 acres from RUT to L-O zone for Whitewater
Subdivision fka Redfish Subdivision by Ben Miller – 4120 North
Linder Road:
I. Water Main Easement Agreement for Talus Medical Building by
Talus Professional Plaza, LLC:
J. Water Main Easement Agreement for Bridgetower Retail
Buildings by Primeland Investment Group, LLC:
K. Public Works Budget Amendment for the Wastewater
Treatment Plant Expansion:
L. Change Order No. 2 for the Wastewater Treatment Plant
Expansion Project:
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October 10, 2006
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M. Water Main Easement Agreement for Conglomerate
Subdivision by AP-Eagle View and C Von Wolffradt Properties
I, LLC:
N. Sewer Main Easement agreement for Conglomerate
Subdivision by AP-Eagle View and C. Von Wolffradt Properties
I, LLC:
De Weerd: Okay. Item No. 6 is our Consent Agenda.
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: I move that we approve the Consent Agenda and for the Mayor to sign and the
Clerk to attest on all proper papers.
Bird: Second.
De Weerd: Okay. I have a motion and a second to approve the Consent Agenda. If
there is no discussion, Mr. Berg, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
Item 7: Department Reports:
A. Mayor’s Office
1. Resolution No. 06-537 : Mayor’s Youth
Advisory Council Amendment to By-Laws:
De Weerd: Under Department Reports, Item A-1, in front of you you have Resolution
06-537. Last night our youth council adopted them in their final form. They made
several changes to them, just to clean up voting, officers, allowing open membership,
so that everyone is welcome and are not excluded. And so this is just a clean up. As I
mentioned, they adopted them last night in their official form. And so, Council, in front
of you tonight I would appreciate if we could adopt them as well.
Wardle: Madam Mayor?
De Weerd: Yes, Mr. Wardle.
Wardle: With that I would move that we approve Resolution No. 06-537.
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October 10, 2006
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Bird: Second.
De Weerd: Okay. I have a motion and a second to approve the resolution in front of
you. If there is no discussion, Mr. Berg, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
2. Appointment to the Meridian Development
Corporation:
De Weerd: Thank you. Item 7-A-2. I do have in front of you a recommendation to
appoint a new board member to our Meridian Development Corporation and you should
have a copy of the resume and letter of interest in front of you. And, actually, the
candidate that I bring to you tonight is here in the audience. I'll ask him for any words
he would like to offer after your actions. Larry Lipschultz comes to us. He's been a
resident of Meridian for ten years and currently he is the CFO of Oppenheimer
company and he brings a set of skills and background that will compliment the board
that we have in place. And, Council, he cannot be at the meeting tomorrow night or
tomorrow morning, so I would ask that you make his effective date the following day, so
that we can have Ron Anderson, who currently holds that seat, present to help with the
business of the board. So, I would offer that as my recommendation to appoint to fill
that seat. It will be a three year appointment, running from September '06 to September
'09.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve your appointment of Larry Lipschultz for -- until September
2009, to be effective November 1st, 2006.
Rountree: Second.
De Weerd: Okay. I have a motion and a second to approve the appointment to the
Meridian Development Corporation board. Is there any discussion? I would say that
we have a great group of very highly qualified candidates and I appreciate the
community's interest in this. The Meridian Development Corporation is our urban
renewal arm and with that, Mr. Berg, will you, please, call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
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October 10, 2006
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De Weerd: Thank you so much. Larry, do you have anything you would like to share
with Council? Nothing like putting you on the spot, uh.
Lipschultz: Madam Mayor and Council, thank you for this appointment and I just want
to say I'm looking forward to any contribution I can make to the corporation's mission
over the next three years. Thank you.
De Weerd: Well, I can assure you, Council, that after talking with Larry, he has some
great ideas, he's got excellent background and I know he will be a good contributor to
the redevelopment efforts in downtown.
Rountree: Welcome and thank you for volunteering.
Lipschultz: Thank you. Thank you all.
De Weerd: Thank you, Larry, for coming.
3. Appointments to the Parks and Recreation
Commission:
De Weerd: Okay. Item number three is appointments to the Parks and Recreation
Commission. These -- we have two seats that are currently up for reappointment. That
is Bruce McCoy and Matt Ellsworth -- not Matt Ellsworth from the Planning Department,
but the other Matt Ellsworth, and I do have an appointment to fill our vacant seat that
was vacated by Jim DeBore and that name in front of you tonight is Shelly Bartlett.
Shelly attended the parks tour and is -- has been a ten year resident as well. She's
very excited to come on board and she's very interested in the youth and recreational
opportunities for our young people and as a parks user she is excited to be a part of
developing -- further developing our parks system. So, I would be available to answer
any questions you might have.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Evidently nobody has any questions, so I would move that we reappoint Matt
Ellsworth and Bruce McCoy to three year terms to expire in 2009. And to appoint
Shelly Bartlett -- her seat until 2009.
Rountree: Second.
De Weerd: Okay. I have a motion and a second to approve the appointments in front
of you. Is there any discussion? Mr. Berg, will you, please, call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea.
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October 10, 2006
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MOTION CARRIED: ALL AYES.
4. Appointment to the Meridian Transportation Task
Force:
De Weerd: Okay. My final appointment tonight, Council, is an appointment to the
Meridian Transportation Task Force. You do not have a resume in front of you for this
person. However, you are very familiar with them. I would like to appoint Steve
Siddoway to fill a seat on our Meridian Transportation Task Force. He comes highly
qualified and I do not hesitate in recommending him to you to serve on our
Transportation Task Force.
Rountree: Madam Mayor?
De Weerd: Yes, Mr. Rountree.
Rountree: I would move that we accept the Mayor's appointment of Steve Siddoway to
the Meridian Transportation Task Force.
Bird: Second.
De Weerd: Okay. I have a motion and a second to approve Steve Siddoway to serve
on our Transportation Task Force. Mr. Berg, roll call vote.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
De Weerd: Thank you. Item 7-B is our Finance Department --
Bird: You have five.
5. Introduce Ron Coultor Mayor’s Executive
Assistant:
De Weerd: Oh, yeah. I'm sorry. I didn't write down my own amendment. I guess I
would ask Ron to please stand. Ron Coulter is here with us tonight. I just hired Ron to
be the new Executive Assistant. I just appreciate that he accepted my offer of
employment. Ron is a retired Lieutenant Colonel in the Marines and he's got a law
degree, he's very qualified, very excited to work with the City of Meridian and be part of
all of the efforts that are going on in our city and we welcome him as one of our newest
team members and would offer an opportunity, Ron, if you have anything you would like
to say. You have to say it in the microphone, though. That was your first test.
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October 10, 2006
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Coulter: Well, at least we know that Colonels are human. I'm just happy to be here and
I'm looking forward to working with the Mayor, my staff, and just doing a good job for the
city. Thank you very much.
De Weerd: Thank you.
Wardle: Just one question, Madam Mayor.
De Weerd: Oh. See, already.
Wardle: And, Ron, we are glad to have you, but do you really know what you are
getting into?
Coulter: No. That's the beauty of it. But I look forward to the opportunity.
De Weerd: Well, you just wait until the 23rd before you tell them. Okay. That's his first
day.
Wardle: Welcome aboard.
Coulter: Thank you.
B. Finance Department / Purchasing
1. Bid Results and Award for Abatement and
Demolition at New City Hall Site:
De Weerd: Welcome, Ron. Okay. Thank you. Item 7-B is our Finance Department
and Keith Watts is here to share bid results.
Watts: Madam Mayor and Council Members, the city received bids on the 5th of
October for the abatement and demolition for the creamery site of the new City Hall.
We got a joint process with Petra, Incorporated, Construction Manager for the new City
Hall project, and we have actually invited Wes Bettis from Petra here to discuss the bid
result and the implications from everything that we have received. So, I'm going to let
Wes come up and discuss everything.
De Weerd: Thank you, Keith.
Bettis: Thank you, Keith. Mayor, Council Members, my name is Wesley Bettis, I'm with
Petra, Incorporated, 9056 West Black Eagle in Boise, for at least a couple more months
before we move to Rosario Place. As Keith mentioned, we put together the bid
packages -- or the city did with input from Petra, as noted in the handout that I gave to
each of you. It's also in your packages. We advertised in regional and local
publications in accordance with the Idaho Department of Public Works statute.
Seventeen bid packages were distributed by the city. Six qualified contractors attended
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October 10, 2006
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the pre-bid walk through site tour and discussion that occurred on September 25th and
on bid day we received three bid responses, two of those were abatement bids and two
were demolition. The low bid results for both the abatement and the demolition are
detailed in the handout. In conclusion, the recommendation of your construction
manager is to ratify the results of the bid, with Ideal Demolition being awarded both the
abatement and the demolition scopes of work, with the only other consideration being
what the Council would like to do with salvaging or not salvaging brick for use in the
new City of Meridian City Hall facility.
De Weerd: Thank you, Wes. Council, any questions, comments, response to the brick
question?
Bird: Madam Mayor?
De Weerd: Yes, Mr. Bird.
Bird: We have discussed this and I would like your three inputs on what you guys -- it's
23,000, I believe, difference.
Bettis: It's a 23,000 dollar additional deduct.
Bird: And I'll let Wes tell you his idea, but I'd like to hear from you three guys what you
think about it, because the Mayor and I already have our -- I think our opinions on it.
De Weerd: And, Wes, if you could offer any background on your thoughts as well.
Bettis: Sure. During the course of the concept as was discussed in the Pre-Council
session, working with Lombard Conrad Architects, there was a strong desire to
embrace part of the heritage of this site. The creamery site has been a very major focal
point for the community in the good times, as well as in the down times, and the desire
is very strong to take on that consideration, bring some of that building into the new
structure. Part of the bid package did include salvaging the barrel trusses or the lumber
that's within the barrel trusses and some of the better select wood beams that are in the
warehouse building, which is the eastern most building -- or the southern most building
of the complex on the east end and the architect indicated that it would be nice to save
some of the brick. We did express a concern about what salvaging the brick would do
to the cost of the demolition process, because that does require the demolition
contractor to change his approach a little bit and stop his process from the most efficient
manner to be able to develop a way to handle the brick and a place to even put the
brick. I believe if you decide to go with salvaging some or all of the brick that the
architect has designated, which is all the exterior brick on the warehouse building and
the east wall of the creamery building, we may have found a temporary storage place
for the brick on site in the Union Pacific right of way area. That's one option that we are
looking at right now. That would be in place until such time as we needed it -- that area
for additional material storage during the course of construction. The architect has
shown a very strong interest in utilizing this brick. I believe it could be utilized within the
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October 10, 2006
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plaza and within the heritage center that would be part of the plaza complex. So, it,
basically, comes down to a decision by this body of how you want to look at the
embracing of the heritage of the creamery site in the new complex.
De Weerd: And, Wes, I think some of their interest in saving the brick was in regards to
the Lead certification as well; is that correct?
Bettis: This is correct. We will receive additional points if the Council decides to move
forward with securing a Lead certification for the environmental and economics of this
facility as an energywise building. Reuse of existing materials does gain us more credit
points towards Lead certification.
De Weerd: Okay. Mr. Wardle.
Wardle: Madam Mayor. Wes, just a question -- and we saw the earlier plan this
evening. If we were to not salvage the brick, we would still need some material to be
purchased, delivered, and installed in that plaza area. Do you have just a rough cost of
what new material would cost?
Bettis: I don't have an idea of the quantity, Councilman Wardle. What we do know is
that we can probably buy new brick for about ten cents less per brick than we can
salvaging the existing brick -- some of the brick. So, economically, it doesn't make
sense from just a dollar standpoint, but putting a value on the heritage aspect I cannot
do. Nor can we put a value completely at this point on how much we would receive in
Lead certification credit.
Wardle: And follow up, Madam Mayor?
De Weerd: Uh-huh.
Wardle: I guess my point was we are not really talking about a full 23,000. I mean
certainly less the bid to salvage it, but there is an offset to a cost that we would have to
replace it anyway.
Bettis: Exactly.
De Weerd: Okay. Any other questions, Council?
Rountree: Madam Mayor. Councilman Bird wanted some kind of an indication and I
think we can probably do that, but I support the concept of -- the concept we saw this
evening about a heritage component of the mall area in the new City Hall, along with an
amphitheater component that would utilize some of this brick and walls and buffers and
that sort of thing that could utilize some of the structural components in the creamery
itself. So, I think it's probably the right thing to do.
De Weerd: Thank you, Chuck. Mr. Rountree.
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October 10, 2006
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Bird: Madam Mayor?
De Weerd: Yes, Mr. Bird.
Bird: Could I also clarify that -- and this -- this contractor was low bid with his two bids
and he has offered an incentive, if we give him both contracts, which we should, it being
low, of taking off 70,000 dollars. So, actually, instead of 386,000, we are 316,000.
Which, if I recall, is about 100 to 150 cheaper than what was estimated.
Bettis: Yes. That was actually more than 150,000 less than what we had budgeted
originally.
Bird: That's what I thought. So, we are -- this gentleman has -- by getting both bids --
and he was low and entitled to both bids in my book -- we get an extra 70 off there and
I'm glad to hear what -- Councilman Rountree, because that's my exact feelings on it. It
is something that -- even though it is cheaper, probably to go buy new brick, there is still
some feeling for that brick and it does help and it does help in the Leads building
program and I hope that we are able to make this a Leads building.
De Weerd: Okay. Any other comment? Okay. I would, then, look for a motion to
award this bid.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I would move that the City of Meridian enter into a contractual agreement for
demolition of the creamery property with Ideal Demolition, Incorporated, for demolition
and abatement for the sum of 316,000 dollars and for the Mayor to sign and the Clerk to
attest.
Rountree: Second.
De Weerd: Okay. I have a motion and a second to award the bid to Ideal Demolition.
Is that -- and is that with the brick, Mr. Bird?
Bird: Yeah, that's -- that's with the brick. I didn't take the 23,000 out.
De Weerd: Would that be the amount with the brick, then?
Bettis: With salvaging the brick.
Bird: With salvaging the brick, 316.
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October 10, 2006
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De Weerd: Okay. Thank you. Thanks for clarifying -- asking for clarity, just to make
sure. Any discussion, Council? Mr. Berg, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
De Weerd: Wes, we appreciate you being here with us tonight. Thank you, Keith. Get
‘er done. Okay.
Bird: Before you -- let's get an update for everybody here. When is the Idaho Power
going to start doing out --
Watts: They -- I believe they start the 12th or the 13th. They are not sure exactly what
day of October. And this contractor, Ideal, is available to start immediately on
abatement and they will -- as soon as the ten day notice for the EPA is complete, they
will start demolition as well.
De Weerd: Excellent. Okay.
Bird: We will be there.
Watts: All right.
De Weerd: Yes. We will all carry our hammers.
Wardle: Madam Mayor?
De Weerd: Yes, Mr. Wardle.
Wardle: I'm assuming that we are going to have some sort of a ceremony or --
De Weerd: We will have some kind of --
Bird: You bet we are.
De Weerd: -- bringing down the walls ceremony.
Bird: That's right.
Wardle: Thank you.
De Weerd: Thank you. And we will look for any ideas and if we don't get any, we will
come up with them ourself.
Wardle: I'll bring my hard hat.
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October 10, 2006
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De Weerd: Okay.
Bird: Everybody bring their hard hat. Keep it in your cars.
C. Public Works Department
1. Agreement for Hookup to the City of Meridian
Sewer / Water System Outside City Limits for
William J. Walgamott II at 2660 East Franklin
Road:
De Weerd: Okay. Council, Item 7-C-1. I will turn this over to our Public Works Director
Brad.
Watson: Thank you, Madam Mayor, Members of the Council. The first item here is a
request for water and sewer service outside city limits at a property at 2660 East
Franklin by William Walgamott and Mary Wale. They have applied to Ada County to, I
believe, build a day care. They are required to have central water and sewer. Those
services were stubbed into their property as part of the Franklin Road rebuild project, so
those are available. They have signed an agreement for hook up to the city
water-sewer system outside the city limits, which requires annexation, a bond when
their property is contiguous. So, we are recommending approval of that.
De Weerd: Okay. Council, any questions for Brad at this time?
Bird: Madam Mayor, are we just working on the first one?
De Weerd: Yes, we are.
Bird: Okay. I have no questions on it.
De Weerd: Okay. If there is no questions from Council, do I have a motion?
Rountree: Madam Mayor, I don't know if the applicant's here this evening, but I would
like to have their opinion about requirements and their understanding of the
requirements to be annexed into the City of Meridian and that they are agreeable to
what it is they are getting into.
De Weerd: Is the applicant here? Okay. Brad, is there an urgency to this request?
Watson: Madam Mayor, Members of the Council, I don't know how to prioritize the
urgency of the request. Our staff has been handling this. I haven't had firsthand
conversations with this applicant. All I can say is Karie in my office does make them
abundantly aware of what the requirements are and this agreement has been signed.
That's what I go on that they understand it. But I have not talked with them personally.
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October 10, 2006
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De Weerd: Okay.
Watson: If you would like me to contact them and have them show up next week, I can
do that.
Bird: I'd like that myself.
De Weerd: Council, is that your preference?
Bird: That would be my preference.
Rountree: I would be more comfortable --
Bird: I would, too.
Rountree: -- in knowing full well that they understand, because it's better that way than
having them come back and say, well, we didn't know or somebody told us differently.
De Weerd: Okay. Well, we can go ahead and put this on next week's agenda.
2. Agreement for Hookup to the City of Meridian
Sewer / Water System Outside City Limits for Kit
Kat Klub at 4842 West Franklin Road:
De Weerd: Okay. Item 7-C-2. I will turn this over to Brad as well.
Watson: Okay. Madam Mayor, this is another request for a connection to city water
and sewer services outside the existing city limits. This is the property at 4842 West
Franklin Road, commonly known as the Kit Kat Klub. They have a -- I'll start by saying
that it appears that they have submitted an application to Ada County for an expansion
of the facility. Part of that -- part of the conditions that Ada County or Central District
Health put on that project was that they connect to central sewer. Joe Silva of the fire
department also reviewed that application and required fire sprinklers in the facility. So,
they are requesting both city water and sewer. We have a subsequent letter dated
October 3rd from Central District Health. Actually, it's dated October 2nd, received
October 3rd by our office, that says that the septic system is failing and it was -- it was
written directly to Public Works Department requesting that it be allowed to connect to
central sewer. Based on those parameters, the Public Works Department would
recommend connection to those. They have signed the same agreement that I
previously mentioned, the agreement for hook up outside the city limits, wherein it
requires annexation when it's contiguous. The applicant is here tonight, if you have any
questions of him. And if you have any questions for me I would be happy to answer
them.
Meridian City Council
October 10, 2006
Page 16 of 40
De Weerd: So, Brad, this is not just about hooking up to sewer services, but it's tied to
an expansion?
Watson: I think that's how it originally started, that Central District Health required
central sewer to be provided -- city sewer to be provided to the facility and the applicant
can correct me if I'm wrong, but I believe that there was a kitchen -- addition or
expansion that required city sewer. Since that application, Central District Health has
issued a notice of violation on the existing structure and septic system, from what I
understand.
De Weerd: Okay. And just for clarification to Caleb, this is included -- this area is
included in our Ten Mile area specific planning region; correct? That's at Franklin and
Black Cat.
Bird: It's the northwest corner of Franklin and Black Cat.
Hood: Madam Mayor, Members of the Council that is correct, it is just -- just within the
boundaries of that area.
De Weerd: Okay. Thank you. Is the applicant here? Okay. If you will, please, state
your name and address for the record.
Tassler: Barry Tassler, 4842 West Franklin Road, Meridian.
De Weerd: Thank you. So, I guess I would ask you the same question I asked staff.
You're more qualified to answer that. Is this also tied to an expansion of your facility?
Tassler: Well, how it came about is originally we had went ahead and submitted plans
with the building department for an expansion and the health department just basically
made a note to me that before I could open the kitchen we would need to be tied into
city sewer. So, basically, we were going to do the expansion, keep the kitchen closed
until that time, but to go ahead and do the rest of the expansion. Since that time, of
course, the septic system -- yeah, the septic and the drain field system has been a
problem over the years, we have made a lot of corrections over the years to modify it,
but at this point it's -- everything is saturated out there and they wanted us -- now that
you have the new Black Cat facility open and the water and sewer coming down the
street right to the side of the property, we went ahead and made a -- they suggest that
we tie in, if at all possible.
De Weerd: I hope it's not coming down the street.
Tassler: You know, your new -- your new sewer and water system, they do that in the
street right along side on Black Cat Road.
De Weerd: Did you apply for your expanded facility through the county?
Meridian City Council
October 10, 2006
Page 17 of 40
Tassler: Yes.
De Weerd: And have they made a recommendation on that?
Tassler: Not yet. We are still gathering all the documentation. In fact, I give them all
the final documentation a few days ago.
De Weerd: Okay. Council, questions?
Borton: Madam Mayor?
De Weerd: Yes, Mr. Borton.
Borton: Did you have an opportunity to participate at all in the recent Ten Mile Charrette
process we went through --
Tassler: I did not, sir.
Borton: -- Mr. Hood talked about? Are you aware of that process and, really, what it's
tried to do for -- for that particular region and how we are looking at master planning
that?
Tassler: I have not seen all that documentation at this time.
De Weerd: Okay. Anything else, Council? Okay. Thank you, sir.
Tassler: Thank you very much, ma'am.
De Weerd: Okay. Any discussion, recommendations for staff?
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: I'm not sure this Councilman wants to -- wants to make an agreement for a
hook up like this in this particular region, because of some of the concerns that I
referenced to the applicant just a moment ago with regard to what the city has done and
has worked really really hard and staff has done a phenomenal job in trying to prepare
a master plan for this Ten Mile region and to the extent that there is -- that's an
incomplete process, but an important process, I'm concerned that -- that agreeing to
this type of hook up might jeopardize our ability to insure that's planned the way that the
city wants and envisions. So, I don't think that I would be willing and ready to approve
hook up of city sewer and water outside the city limits within that particular region.
De Weerd: Council, any other discussion?
Meridian City Council
October 10, 2006
Page 18 of 40
Rountree: Madam Mayor, I would just state that it's my recollection that connection
outside of the city boundaries is very limited, possibly to only one example, and I don't
know that I want to particularly start the precedence at this point to continue that,
because that one example has been a bad example. So, I don't think I would be
favorable to a hook up request for a facility outside of the city limits and not in
compliance with our annexation requirements.
De Weerd: Okay. Mr. Watson.
Watson: Madam Mayor, Members of the Council, if I could just clarify one thing that
pertains to state rules and Central District Health, just to make sure you understand all
the background. They will not issue a septic permit or even a replacement permit if
public facilities are within a reasonable distance. Usually that's interpreted as 300 feet.
So, I'm just making sure you understand what Central District Health's stance will be,
whatever your decision.
De Weerd: Thank you. Well --
Rountree: I assume we need a motion on this request. If there is no further discussion,
I would move that we not enter into an agreement for hook ups for Item C-2, Meridian
sewer and water hookup outside the city limits for the Kit Kat Klub, 4842 West Franklin
Road.
De Weerd: Okay. I have a motion. Do I have a second?
Borton: Second.
De Weerd: Okay. Any discussion? Okay. Mr. Nary, do I ask for roll call on this?
Nary: Madam Mayor that would be fine.
De Weerd: Okay. Mr. Berg, roll call.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
Item 8: Items Moved from Consent Agenda:
De Weerd: Okay. Thank you. There were no items moved from the Consent Agenda.
Item 9: Continued Public Hearing from September 19, 2006: MI 06-006
Request for a Miscellaneous to Amend the proposed Development
Agreement (AZ 05-065) Site Specific Condition 6.1.5, page 5 to allow a
temporary construction fence along Lot 5, Block 3 to limit public access to
Lot 19, Block 3, rather than a permanent fence along Lot 5, Block 3
Meridian City Council
October 10, 2006
Page 19 of 40
limiting public access to the Ten Mile Creek waterway, an approved
amenity with pathway system in the preliminary plat (PP 05-058) for
Harks Canyon Creek Subdivision by Franklin Centre, LLC – 1845 W.
Franklin Road:
De Weerd: So, Item No. 9 is a continued Public Hearing from September 19, 2006, on
MI 06-006. I will open this Public Hearing with Caleb's comments.
Hood: Thank you, Madam Mayor, Members of the Council. This item was on your
agenda last month, but it was not heard, so I will give you a brief description of what's
happening out here. This is a miscellaneous application to amend a development
agreement that has not yet been signed by the owner developer. There was a condition
of the annexation and development that required some permanent fencing -- and
maybe I will just real quickly jump to that diagram here. On the south side of the lots
that are shown there is where the fencing was required by the staff report. The -- bear
with me one second, I'm going to grab a pointer. So, the staff report required a
permanent fence in this location. This is phase two of this development, Harks Canyon
Creek. The lateral runs in this general vicinity and, then, the applicant was proposing a
pathway connection and a path way adjacent to the creek amenity. So, to allow
residents within this development better access to the creek amenity, they are
proposing to just construct temporary construction fencing, so that construction debris
and trash and things do not fall into the creek, as is required with our agreement with
Nampa-Meridian. I did receive a letter -- staff did receive a letter in our office from Bill
Henson at Nampa-Meridian and he states that they are not requiring fencing adjacent to
the Ten Mile Creek. So, we do have that. Further, the UDC does not require fencing
along drains. This can be demonstrated that it will be improved as an amenity and that,
in fact, was the case when the development was going through the process. Staff, in
my opinion, I think had good intentions, but the way it was worded doesn't really work
for how this whole subdivision will function and interrelate with the Ten Mile Creek and
using that amenity. So, staff is supportive of the temporary construction fencing, where
the permanent fencing was required, and that it will still contain the debris and keep
residents away from the Ten Mile until it's ready to be used as amenity and improved by
the applicant. I do also ask that if you decide to approve this DA modification, that you
direct the legal department staff to modify said DA to reflect the new language proposed
by staff and/or as modified by the Council. And with that I will stand for any questions
you may have.
De Weerd: Thank you, Caleb. Council, any questions?
Bird: I have none.
De Weerd: Before I ask if the applicant is here, I would like to welcome our Boy Scout
Troop. Which troop number are you? 128. Well, welcome. Good luck on getting your
badge. Is the applicant here with us tonight?
Meridian City Council
October 10, 2006
Page 20 of 40
Suggs: Good evening, Mayor and Council. My name is Jane Suggs, 200 Louisa Street
in Boise, representing Franklin Center and we are just here to say that we appreciate
staff's work on this and we agree with the staff's recommendation to change the
development agreement as requested.
De Weerd: Okay. Thank you, Jane. Any questions for the applicant?
Bird: I have none.
De Weerd: Okay.
Suggs: Thank you.
De Weerd: Thank you. This is a Public Hearing. Is there anyone who would like to
provide testimony on this application? Okay. Seeing none --
Bird: Madam Mayor?
De Weerd: Yes, Mr. Bird.
Bird: Hearing nobody jumping, I move we close the Public Hearing on MI 06-006.
Rountree: Second.
De Weerd: Okay. I have a motion and a second to close item -- the Public Hearing for
Item No. 9. All those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
De Weerd: Okay. Is there any discussion? If not, I would entertain a motion.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move that we approve this MI 06-006 and direct the legal staff to draft an
amendment to the development agreement as stated in the testimony of the staff.
Rountree: Second.
De Weerd: Okay. I have a motion and a second to approve the item in front of you. If
there is no discussion, I will call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
Meridian City Council
October 10, 2006
Page 21 of 40
Item 10: Public Hearing: CPA 06-003 Request for a Comprehensive Plan
Amendment to modify the Future Land Use Map to extend future land
uses within the City of Meridian south to Columbia Road, west to Meridian
Road and east to Eagle Road and to modify some of the existing land use
designations on the Map along Amity Road, between Meridian Road and
Eagle Road for Southeast Comprehensive Plan Amendment by Bailey
Engineers – between Meridian Road and Eagle Road & between
Columbia Road to ¼ mile north of Amity Road:
De Weerd: Okay. Item No. 10 is a Public Hearing on CPA 06-003. I will open this
public hearing for Item No. 10 with staff comments.
Hood: Thank you, Madam Mayor, Members of the Council. This application is a little bit
larger than the last one. In fact, it encompasses about four square miles on the
southeast part of our -- just southeast of our current area of impact and if approved we
will begin negotiating with Ada County to in fact, amend our area of impact boundary to
include this area. But this is to amend the future land use map for, like I said, about four
square miles. The map would be extended southbound to Columbia, change some of
the existing land uses along Amity and from east-west, including two miles between
Eagle and Meridian Roads. I do have a proposed map by the applicant. I think I'll just
jump to that here. This is -- this vicinity map -- everything in the teal color is properties
that the applicant has a direct interest in. Quite a few properties -- in fact, about 1,100
acres of the four square miles are -- they are at least conceptual and sometimes
detailed preliminary plats that have, in fact, been submitted to the city and will be on
upcoming agendas for the Council, so we are processing this application to get the land
use map consistent with the applications that are going to be coming before you here
shortly. The vicinity map, as you would imagine, most of it -- a lot of it is ag land today.
There are some county subdivisions kind of mixed in there, so a lot of large parcels,
county parcels. Here is the map that was submitted with the CPA. Again, the darker
colored areas are the direct interest properties, if you will. The lighter colored
properties are designations that the application put on adjacent properties that seemed
to flow with their proposed projects. I'll talk about that I guess maybe in just another
second. Staff is recommending that rather than have a shoe string map that we, in fact,
include everything that's in color on this diagram within our future land use map. I do
want to have the disclaimer that we do have a south Meridian area plan that's currently
in the works. We have hired a consultant, they have begun work and public outreach
and were at Mary McPherson the last part of last month and had a big workshop with
the public. Staff did not feel it was appropriate to really bypass that process and say
this is what land use designation should be for areas outside of what the applicant is
proposing here. So, most of the comments in the staff report are geared towards the
areas in the darker color and, in fact, what staff is recommending is that everything else
that is not part of the applicant's property or within our area of impact today with a land
use designation, carries a low density designation until it can be further determined --
maybe that is the most appropriate land use designation, but until we go through that
process with the consultants and getting all the stakeholders together, I felt that it was
Meridian City Council
October 10, 2006
Page 22 of 40
appropriate to go with a lower -- the lowest intense designation until all those factors
can be worked into a scenario and further redefined. So, again, we are really looking at
these areas being concrete, if you will. I mean it is a living document, but, really, we are
looking at these to reflect upcoming development applications and, then, the things
around as staff proposed being up for negotiation with the south Meridian study that is
currently underway that we anticipate submitting a Comp Plan Amendment application
by the end of the year, December 15th as our self-imposed cutoff. So, end of winter,
first part of spring next year you should be seeing the whole south Meridian area Comp
Plan amendment. The Commission did recommend approval of this -- excuse me -- of
this map at their September 26th Public Hearing, the applicant testified in favor and
there was no other public testimony received. The Commission did discuss the
appropriateness of certain land uses. But, quite honestly, we did not spend too terribly
much time on it. There wasn't any testimony, written or verbal, that was in hand at that
time and we did discuss some things, but -- there were a couple other changes -- I think
I'll probably just let -- let that staff report stand. If you have any other questions about
land use designations, there was like a fire station that moved from -- to here from the
mid mile. A park, which we had talked with the parks department about going just on
the back side of the old storage facilities there at the intersection. But, for the most
part, everything up here stayed the same and the applicant has a majority of the
remainder parcels. So, with that I think I will end staff's comments and ask if you have
any questions of me at this time.
De Weerd: Council, do you have any questions for staff at this point?
Bird: I have none, Mayor.
De Weerd: Okay. Is the applicant here? If you will, please, state your name and
address for the record.
Brown: For the record, Kent Brown, business address, 1500 East Iron Eagle, Eagle,
Idaho. Appreciate this opportunity. To kind of help orient us -- Caleb, could we go back
to the first map that I provided? We -- in this area we have -- in the northeast we have
the Ten Mile Creek. Currently, the Ten Mile Creek runs through Tuscany and
Bellingham stuff and calls out a regional pathway, so we just proposed extending it
south. It eventually ends up at the Boise Ranch Golf Course, so it kind of makes a nice
location and should be continued. In the center of our site we have the Williams
pipeline. It's approximately 80 feet wide and the pipeline people will allow you to do
stuff in there, but they would really like you not to do anything in there. You want to
create some excitement, go park a backhoe out there and they will come and say hello.
Bird: They will be there --
Brown: Quickly.
Bird: Yeah.
Meridian City Council
October 10, 2006
Page 23 of 40
Brown: So, we felt that that would really make a nice pathway and I have been before
the parks commission talking about some of the park sites that we have located. We
have a potential of four city parks located within these properties. We have a city park
located here. We have one in the northwest corner of Lake Hazel and Locust Grove.
And, then, we have one further down here. I, actually, have a more defined layout, if
you would like to look at that, if that would help you. Just speak up and let me know.
We are proposing a neighborhood center in the center of this, feeling that this regional
pathway that runs through -- and this is kind of centrally located to our site, doing a
really traditional neighborhood with gridded streets, a mixture of residential and -- not
regional commercial, but community commercial, something that would work there.
Some of the ideas that have kind of come up as we have talked with the different
agencies and staff, is that someone could walk on this pathway and maybe buy ice
cream or something as they go there and, then, get back on the path and work their
way north. And, then, you have -- like a string of pearls, you have two parks that are
located along that pathway. We also -- not shown on this map, but we kind of looked at
a park site down in this portion of the site. In the southwest corner of this site there is
the Idaho Power lines that -- transmission lines run through there. To kind of orient you
with some of the other things that are existing out there, there is a proposed church site
or -- here. The linesman school here. There is a future church site here also. An
existing church site is at Amity and Locust Grove. For the most part, as staff has
mentioned, there is very little development that is located in the areas that we are
proposing for change. If I remember correctly, in this area that's called out here, that's
the Black Rock Subdivision that they came and spoke to you about in connection to
sewer. There is 44 lots in that entire section -- mile section is less than 50 residential
lots that have been platted. So, you can see that there really hasn't been that much
growth, at that time, less than 20 years, you have the Shaeffer View Subdivision that is
in there and, then, there is a little development up here in the corner that really doesn't
have anything built on it. You have a non-farm that has gone in down here in the south
corner and, then, the lineman school and that's about all that's in that mile section. You
have some larger -- greater than five acre developments that went in here and that's,
basically, what's taken place in that mile section. We have tried to orient these things
central to what's kind of flat. You have the predominate ridge that runs between us and
Nampa. It starts over here at the Boise Ranch Gold Course and in this predominate
ridge area we felt that you have more of a view lot. There are homes out there, even
though they are not subdivision lots for the most part, but those people have taken
advantage of the views and are on septic tanks and wells. So, that makes sense to
have the lower request for residential uses there. Then, next to the neighborhood
center here we propose higher intensive uses with medium zoning in and around that.
A regional commercial area out on Meridian Road and Lake Hazel similar to what's at
Silverstone and up at Overland and Eagle Road. Some place that would maybe offer
some employment and, then, transitioning to a medium zone. That's some of the
forethought. We have met with the fire department and police department and the
public works department to basically try to workout what they were looking for, the parks
people, and that's part of the reason that we went to the parks commission to see if they
had an interest in accepting some park sites out in our development and I think
everybody for the most part's been pretty excited. We really want -- when we bring this
Meridian City Council
October 10, 2006
Page 24 of 40
development to you in the future, as you go along Lake Hazel Road, make it look
different. I think that if you're familiar and have been out in Southwest Boise and you
see where the Paul's Market is, that's a neighborhood center that was planned in
southwest Boise as a part of the plan. That happened while I was at Boise City. It
makes sense to have some of that happen. I had talked to some of the developers that
were involved in buying up a lot of that ground and told them that they really needed to
make a statement and my clients that are involved in these properties I think have kind
of realized some of that. Since we have the property on all sides of the road, we -- you
know, we know what's going to take place, we know where turning lanes need to be. I
know that you have seen some of the improvements proposed on Eagle Road with
maybe some landscape islands in the middle with some streetlights. We want to make
-- when you get to our regional -- or our community center that's there, our
neighborhood center, that there is a difference and we want to make that happen as
you enter there and are working with ACHD in making those kind improvements, so that
you know that you have arrived to a location and that it's not just another piece of the
road. So, that's some of the things that we have talked about as we have been in many
months of planning to bring this forward to you. I will stand for any questions that you
might have.
De Weerd: Council, questions?
Bird: I have none.
Borton: Madam Mayor?
De Weerd: Yes, Mr. Borton.
Borton: Kent, have you had a chance to talk with and get input from Doug Strong with
regards to the multi-purpose pathway?
Brown: Yes, we have. That's part of them recommending us to go to the parks
commission after discussing with them. We looked at the park sites -- I try to give you a
little bit of a handout.
Borton: The reason I ask is because of the regional plan they are undergoing with their
pathways. This might tie into that.
De Weerd: Can you give one to Craig and can you get it up on the screen?
Brown: As you look on your map and you can see kind of the -- I don't know what color,
because I -- purple to me in the center. There, Caleb's bringing it up. To maybe
address what -- the parks department would look at this and would be looking at
maintaining that as a -- as a pathway. That's how -- and we would view it and, you
know, it extending to the south some day in the future, with the parks being hooked onto
that. They -- I think that they were positively excited about that and so was the parks
commission, having that linked in this northwest quarter of the site. We have talked
Meridian City Council
October 10, 2006
Page 25 of 40
with the school district about having that be a shared facility with the school and park
and, then, having that regional pathway extend northwesterly out of there. Our very
northwest corner that's up here has that gravel pit, American Paving gravel pit. that's
one of the sites that the parks guys had thought, you know, as a reclaiming might work
as a park -- regional type park. ACHD also has a gravel pit that's up in that location,
too. They were kind of excited about having a round park, by the way.
De Weerd: It's an irrigation circle.
Brown: Currently it's not --
De Weerd: Sorry, it just shows my ag colors. Have you been a participant in the south
Meridian --
Brown: I haven't had an opportunity and, no, I haven't had time to do that. I did attend
a few of the stuff with Kuna-Meridian, but I haven't -- haven't gone to those meetings.
They have asked for copies of our plan and we have worked back and forth with Matt
and making sure that they have our information.
De Weerd: Well, I guess the reason I ask is, you know, when you go to those you hear
a lot of what the people that are living there currently envision and so I was curious as
to if you have been listening to what some of the property owners have been saying.
Brown: I guess one of the pleasures of doing what I do -- I have to have neighborhood
meetings and I had to have a neighborhood meeting for this site, so we invited all of our
neighbors to come and we held that at Mountain View High School and I probably had
20 people come and for the most part I didn't receive any negative comments. Some of
them were -- you know, the big question when is the sewer going to be there and those
kind of things. But they were trying to understand our plan. One of their comments was
it looks like you're putting all the density on you and giving us low density and I had to
explain, you know, without their input -- I'm not trying to tell other people what to do with
their property and I think that that's kind of what staff has done with their staff report
also, so --
De Weerd: Okay. Okay. Council, any other questions?
Bird: I have none.
De Weerd: Thank you, Kent. Oh.
Rountree: Madam Mayor, I have a question about -- not the amendment, but this
particular plan. You create kind of a -- I don't know whether it's an enclave or a
wasteland or whatnot in this bottom portion that's bordered by the one -- apparently a
pathway.
Brown: I'm sorry, Councilman Rountree, I'm not following --
Meridian City Council
October 10, 2006
Page 26 of 40
Rountree: I'll get my pointer out here.
Brown: I'm not following you there.
Rountree: That piece of property right there. What's going with that?
Brown: There is a current owner that lives there. We have approached him. My client
and I have dealt with him before and he has I think seven acres, if I recall. Maybe just
five. But I think it's closer to seven. He has an access road. We have to provide him
with access.
Rountree: Please tell me it's not a lane.
Brown: Uh?
Bird: It's a lane. It's not a road, is it?
Brown: Benito Lane or something like that. It's -- there is also one home that's located
in here also.
De Weerd: Councilman Rountree loves lanes.
Brown: We all do. I've had neighborhood meetings with him before, but he didn't show
up to my -- he hasn't seen our plan. We haven't had a neighborhood meeting for the
subdivision as of yet.
Rountree: You do provide access at two locations, though, to this parcel?
Brown: Yeah.
Rountree: But I don't see a stub to this particular one or is this all one piece here?
Brown: There is two pieces there, Councilman Rountree.
Rountree: Obviously, this isn't a preliminary plat, but just some of those fun things that
we deal with when you get here.
Brown: I understand. As I have tried to layout his property and, basically, I have --
that's why this road stubbed here. We also have it there to try to help that take place.
Rountree: Okay. Thank you.
De Weerd: Okay. Thank you. This is a Public Hearing. Is there anyone who would
like to provide testimony on this application? Wow.
Meridian City Council
October 10, 2006
Page 27 of 40
Borton: Madam Mayor?
De Weerd: Yes, Mr. Borton.
Borton: Caleb, when I look on the staff report I see Exhibit A. Exhibit B the staff
recommended future land use is all black. At last what I can see here.
Hood: Are you on the microfiche?
Borton: Yeah. It looks like it would be totally different from what Exhibit A, which is on
the screen right now, the applicant's proposal.
Hood: And I don't have the microfiche pulled up here, but, trust me, Exhibit B is -- looks
more like that. And the black -- maybe the green is turning out black or something.
De Weerd: Yeah. The green -- the green and the browns are black.
Borton: Yeah. Okay.
Hood: And if I may, Madam Mayor, Members of the Council, just to point out a couple
of things regarding some of the green. If you -- you have to kind of pay attention, I
guess, a little bit to the difference between the applicant's proposal and that
predominant ridge he talked about and the Black Rock development. We did work with
him to get that low density moved over a little bit, so that we could add some more view
lots kind of in that area, so I did want to point that out a little bit a block two or -- we will
let them kind of tell us what that is. But we did have them bump that low on their
property over a little bit. Another change -- Kent brought it up, but this was shown as
mixed use regional and it doesn't really make sense as a regional -- you know, we are
not looking for Costcos and those types of things there. It's not on Meridian or Eagle
Road, so the community designation of mixed use makes more sense as he talked
about walking to get ice cream or some more services within a mile or so of residences.
So, that's kind of how we see that function. Although Lake Hazel is anticipated to be a
pretty major roadway here in the future. Those are a couple of the things I wanted to
call out. Also, I did want to thank -- I meant to do it last time at P&Z -- Julie at Bailey
helped me out immensely by taking -- she did a couple different renditions for me and I
did want to have Kent thank her for me. She did make this map for us, so it really
helped to have the visual, I think, too. So, I did want to thank her on record. So, thanks
for letting me clarify those couple of changes that we made.
De Weerd: Caleb, as I recall in some of the discussions in the south Meridian area, this
is -- this pretty much embraces a lot of the discussion that has happened and trying to
find a balance between the low density and the employment opportunities, as well as
public open spaces. So, do you feel comfortable that this is something that reflects the
public participation that you have received on the south Meridian plan?
Meridian City Council
October 10, 2006
Page 28 of 40
Hood: Madam Mayor, Members of the Council, I have not been actively involved with a
lot of that, but what I get secondhand from Matt and Steve before he left us was a good
sense from residents of low. I mean they want to see the rural feel of this area
maintained. That did have an impact on my recommendation for designating a majority
of this property low density. Some of the properties on Meridian Road, for instance,
right where the applicant's talking about having some mixed use community here, I
could see probably some of these parcels carrying a similar designation right along the
highway for -- at least some more intense designations. Now, there are three scenarios
that the consultants have already put together regarding south Meridian, the
transportation scenario, the employment scenario, and the low density scenario. Some
of those components within each one of those will probably be pulled together and that
will be the preferred alternative. But I do believe that this is probably pretty close to
what actually happens in this area for south Meridian, at least for these four squares.
So, again, with the -- with, probably, some potential changes along Meridian Road.
That's probably where I see some change -- potential change, but for the most part I
think it's probably pretty accurate, so --
De Weerd: I guess, Caleb, just one last question is since Planning and Zoning has
made a recommendation -- well, maybe it's to Mr. Nary instead. How does that fit with
the Comprehensive Plan amendments that are still coming up in regards to the south
Meridian. Has Planning and Zoning's recommendation already triggered something
that -- can you explain the process at this point?
Nary: Certainly, Madam Mayor, Members of the Council -- and if I get this wrong I'm
sure Mr. Hood will correct me. But the requirement is at the Planning and Zoning level.
They -- the statutory requirement is that they cannot make a recommendation to you,
except for every -- to the land use map except for once every six months. How -- the
Council, then, decides when to implement, how to implement, what to change, that's
what the Public Hearing process is for -- makes no difference if it takes one month, if it
takes five months, it doesn't make any difference. The next time they can make a
recommendation to you, which is what I think Mr. Hood had talked about in his staff
report initially, that's the next trigger. So, their recommendation that was done on
September 26th triggers when their next recommendation can come to you. So, when
the Council makes a decision on this, it doesn't have any impact on them. Did I get that
right ?
Hood: And, Madam Mayor, if I -- everything Mr. Nary said is correct. I did want to --
and I did mentioned in the staff report December 15th was our cutoff. However, we are
going to, essentially, have to sit on our own application for a couple of months, because
the Planning and Zoning Commission did act on this application and your next agenda
item at the end of September. So, you're, essentially, looking at April 7th before they
can make -- take action at another map amendment. But I did want to just finish that
picture for you.
De Weerd: Okay. Thank you. Okay. Council, is there any further questions that you
might have before I ask the applicant if he has any final remarks?
Meridian City Council
October 10, 2006
Page 29 of 40
Rountree: No.
Bird: No.
De Weerd: Okay. Kent.
Brown: As you look at this area, the topography really has generated what we have
kind of done for the most part. When you look at other locations -- Caleb, can you go
back to the one I submitted. We propose that there would be a neighborhood center
here. I do have a client that represent the property on the northeast portion or the
northerly portion of that intersection at Amity and Eagle Road. As I have other clients
that have tried to encourage some grocery store to locate in -- south of the interstate,
they had some difficulty, because what they don't want is they don't want to be out near
Overland Road and, then, have, if you will, everything coming from the south. What
you want to try to do is have enough homes around you and so, to me, even though I
don't have it highlighted and darkened, this made a lot more sense to me. You have a
power substation that's going in on the southeast corner of that intersection. The
school district has a middle school that's fairly close there. I know that you have
approved projects on the -- the easterly side that are low density applications, but, to
me, you have one flat intersection that's out in that area, that's down on the bottom, and
you have a lot of homes that -- that you have approved. In this mile section that
Tuscany is in, you have 445 acres out of a 640 acre set -- mile section that have
already been approved with subdivisions. Most of that section has already gone and
those people now have to commute north and across the freeway and we all love
Meridian, we all love going north on Meridian Road and Eagle Road, but it would be
really nice to save some vehicle trips if that could be approved in that area. That was
some of the discussion I had with the P&Z Commission. I don't have those owners
signed up on this document, but even if it's just planting a seed for sometime in the
future, that is the right use in that location for some kind of facility like that. Basically,
that's what -- in southwest Boise at Five Mile and Lake Hazel, Paul's Market does, is it
keeps those people from making long trips up to Overland to do their shopping. It
provides a means for them to do something like that in the area and you need to have
someplace in east Meridian, that you have that -- I guess they could go over a mile if
Boise would approve one at Amity and Cloverdale and have it in Boise's area of impact,
but this made a lot of sense to me as my planning experience and background.
De Weerd: So, Kent that would be the only recommended change you had to what staff
had showed?
Brown: Yes. And, again, as I said it's -- I have -- I have clients that have an option on
those 40 acres that are north and so I guess I did put that in initially. I didn't get the
landowners and their affidavits for that to happen, but they are under a contractual
agreement with my clients to purchase that ground. So, eventually, I might have to be
back asking for an amendment or attend the southwest stuff and ask that that happen in
that area and --
Meridian City Council
October 10, 2006
Page 30 of 40
De Weerd: Well, it would be good for you to attend that.
Brown: I definitely need more meetings to go to. Just like you I'm sure. Thank you.
De Weerd: I have been there. And did you bring that recommendation, then, to
Planning and Zoning Commission?
Brown: Yes. If you look in the minutes of the meeting it was discussed there.
De Weerd: But they did not make that change?
Brown: They felt that I had to change the map or they were concerned about a map
being changed and the time frames that you guys have just barely talked about, the
attorney has spoken about. They were concerned about the time frame and I think that
they could see the merit of it. I mean if you go to the west of that intersection, you got
the LDS Church at the corner and you go up the hill to Mary Mac School that really
doesn't make for a good location. You have got some existing residential stuff that's
been out there, acre type stuff. Basically, I guess what I envision is something like
Cherry and -- is it Ten Mile where you have got the Albertson's out there, you know,
what that does for that portion of the valley really is a benefit and I see that intersection
being the same there.
De Weerd: Thank you.
Brown: Thanks.
De Weerd: Any questions, Council? Okay. Okay. Council, this is still an open Public
Hearing. If there is no further information needed --
Rountree: Madam Mayor, if there is no further questions or testimony, I would move
that we close the Public Hearing for Item No. 10.
Bird: Second.
De Weerd: We have a motion and a second to close the Public Hearing on Item 10. All
those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
De Weerd: Okay. Any discussion?
Rountree: Madam Mayor, I would have a question for Bill as it relates to the suggested
recommended addition to the map as far as a neighborhood use. Can we make that
condition of the next move on this? And my next question is what is our next move on
Meridian City Council
October 10, 2006
Page 31 of 40
this in terms of accepting the recommendation from P&Z and, then, start an amendment
process through additional ordinances or what?
Nary: Madam Mayor, Members of the Council, if you approve this Comprehensive Plan
amendment, you will see it again -- Mr. Hood's going to have to remind me. I believe
you see it again, because you're going to bring back -- you're going to bring back a
resolution to this specific approval and so you will have another opportunity. So, that's -
- it doesn't have to be an ordinance, it's done by resolution. So, you will see that again.
I can't recall at the moment, I guess I'm just blanking out. Mr. Hood, was there
something else that comes back, besides that? I think the staff report, whatever
amended changes the Council makes as part of their motion, would be all incorporated
in a resolution.
Hood: Yeah. Madam Mayor, Members of the Council, Mr. Nary, that's correct, it's,
essentially, just the resolution with the attached exhibit, which would be what changes
are made to the map, but that's, essentially, all that's on the future agenda once legal
department drafts that resolution.
De Weerd: Okay. Okay. Anything further, Mr. Rountree?
Nary: Madam Mayor?
De Weerd: Yes, Mr. Nary.
Nary: I don't know if Councilmember Rountree is also thinking of -- we also notify the
county of the change to the Comprehensive Plan. They are given that notice. There is
an opportunity for that discussion at that level as well. So, I didn't know if that's what
else you were thinking about occurs in the future.
Rountree: Thank you.
De Weerd: Okay. Anything else from Council?
Bird: I have none.
De Weerd: Okay. Do I have a motion?
Wardle: Madam Mayor?
De Weerd: Mr. Wardle. You finally broke.
Wardle: I would move that we approve Item 10, CPA 06-003.
Borton: I will second for the purpose of discussion.
De Weerd: Okay. Discussion.
Meridian City Council
October 10, 2006
Page 32 of 40
Borton: I heard a murmur from Councilman Bird. I think he's got a question.
De Weerd: Mr. Bird, did you murmur?
Bird: Yeah, I did.
Rountree: He mumbled.
Bird: I mumbled. What kind of conditions on that? I mean there is some staff
conditions and stuff in there and staff report. Are you including all them in there?
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: For clarification, the motion would include staff recommendation and
applicant's comments in respect to the adjoining land use designation, noting that those
may change in the future as a result of some specific studies and, then, that we see
some refinement of this application.
Bird: Okay.
Rountree: I guess that's on the fence enough for me.
De Weerd: It's really vague for me.
Bird: Me, too.
De Weerd: Okay. Second agrees?
Borton : Second agrees.
De Weerd: Okay. Any further discussion, Council?
Bird: I have none.
De Weerd: If not, Mr. Berg, will you, please, call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
Item 11: Public Hearing: CPA 06-002 Request for a Comprehensive Plan
Amendment to change the Future Land Use Map designation for
approximately 12.37 acres from Medium Density Residential to Mixed Use
Meridian City Council
October 10, 2006
Page 33 of 40
Community for Ustick Comprehensive Plan Amendment by Thornton
Oliver Keller – 1515 W. Ustick Road and 3195 N. Linder Road:
De Weerd: Thank you. Okay. Item 11 is Public Hearing CPA 06-002. I will open this
Public Hearing with staff comments.
Hood: Thank you, Madam Mayor, Members of the Council. This is another
Comprehensive Plan map amendment. The properties are located on the southwest
and southeast corners of Ustick and Linder Roads. Again, they are highlighted in the
teal. Both county properties today. The applicant is proposing to change the existing
designations as shown here on the future land use map for these two parcels, which
are currently shown as medium density residential. Staff had some concerns noted in
the staff report with having additional mixed use area, if, in fact, the map changes here
when we already have a mixed use neighborhood center approved here and this is
under construction today and so competing commercial uses or an oversupply,
potentially, of some uses within the two different areas. The Comprehensive Plan
doesn't prohibit such a situation, it's more of a market analysis and looking at how much
commercial and nonresidential an area can support when we look at the viability of
adding additional mixed use area. Staff also looked at previous discussions. You may
recall when -- this last year when we did the north Meridian amendment and included
the areas -- or the north side of Chinden within our -- to be within our -- be on our map
designation. These two properties were also changed to mixed. It does make some
sense, too, to change, then, the other two sides of the intersection to be mixed use. So,
just based on some of the minutes from when that went through and what this body
looked at at that time, although these properties weren't a specific item of discussion, it
was alluded to at that time. The applicant did submit a conceptual plan for the
southeast corner of the development. As I understand it, this is what they have their
primary interest in. They did include the triangular piece on the other side of Linder
Road, just to kind of finish off that intersection. Now, there is nothing with this Comp
Plan amendment that would tie them to doing anything like what's proposed here, but it
is conceptually showing how this property could develop. So, I think you could probably
comment on it, but, again, there is no way we can condition changing the land use map
that says you need to do this, that, or the other thing on the property, we will in the
future be looking at annexation and zoning of this property and a development
associated with that, but, again, this is what they did submit to the city as what could
potentially happened on this property if it develops. I'm just briefly going to look at the
other side of the intersection. It does look like it's feasible to get at least a couple of
office spaces on there with some parking. The site is quite small and of odd shape,
triangular shape. There is a large easement that runs here. ACHD's going to acquire a
lot of right of way from them when they widen the intersection, but it does still look like
it's feasible to get a couple of nonresidential buildings and some parking on that site.
So, the Planning and Zoning Commission did recommend approval at the September
21st hearing. Chris Penland did testify in favor. You should have a letter as part of the
public record from Chris Brewer in opposition to the Comp Plan amendment change.
Justin Lucas did present the application at the Planning and Zoning Commission level.
Similar to the last CPA there was not a lot of public testimony given or opposition to the
Meridian City Council
October 10, 2006
Page 34 of 40
project and the discussion was fairly brief, if my memory serves. So, with that I will
stand for any questions. The applicant is looking for the mixed use community
designation, which, again, is consistent with what happened on the north side of Ustick
Road as well. I will stand for any questions you may have of me.
De Weerd: Thank you, Caleb. Any questions for staff?
Bird: I have none.
De Weerd: Okay. Is the applicant here?
Penland: Madam Mayor, Members of the Council, my name is Chris Penland and I
reside at 4595 North Stampede Way. First I'd like to thank staff for the time and
assistance throughout this process. They have been extremely helpful and I greatly
appreciate that. I do understand their concern of the conflicts between the intersection
and the neighborhood commercial site to the east. From our perspective we think that
they are inherently different sites. The reason for this is several items. First, we have --
Caleb, could I get the map of north Meridian? We have four directions of traffic present
and 47 percent more traffic exposure and customers at the intersection. This is going
to be a six by six signalized intersection in 2008. And, then, we also have Ustick Road,
which is a primary east-west traffic arterial that services Boise to Caldwell, as well as
Linder, which is a north-south primary traffic arterial that includes a bridge crossing.
These two road systems together really facilitate movement in north Meridian area and
the surrounding municipalities. Basically, when retailers are looking at this area, their
own criteria is going to determine the sites that work for their model and a good amount
of them would only locate at an intersection, as opposed to the destination nature of the
neighborhood commercial to the east. Also it should be noted that the southwest
corner is currently planned to be taken in its entirety by ACHD. The reason that the
owner is continuing with this process is that should ACHD intend not to take the entire
parcel, they will be left with about 1.4 acres and their residence will be about ten feet
from the intersection. Lastly, this neighbor -- or mixed use community will serve as a
buffer, again, to that six by six intersection and the surrounding residential uses in the
future land use map. And if there is any questions I'd be more than happy to answer
them.
De Weerd: Council, any questions?
Bird: I have none, Mayor.
De Weerd: Okay. Thank you.
Penland: Thank you.
De Weerd: Is there anyone who would like to provide testimony on this application?
Yes, sir.
Meridian City Council
October 10, 2006
Page 35 of 40
Penland: My apologies. I should also mention that we conducted a study which you
saw at the previous meeting regarding the retail supply in north Meridian. Thornton
Oliver Keller basically identified what's called a retail expenditure analysis and this
takes the household income and calculates that versus the supply of retail square
footage. What we found was a pretty drastic departure from the norm in the Treasure
Valley. Basically, we had about a hundred -- let's see -- 131 percent above average for
household expenditures per square foot of retail, which means that there is a huge
shortage. This shortage basically doesn't allow people opportunity to locate businesses
and driving up rent as economics dictate. So, we are seeing that there is about a two
percent vacancy rate in north Meridian, which is extremely low historically for Meridian
and also across the Treasure Valley. This new development will support additional
supply, which should bring us back towards an average level. Thank you.
De Weerd: Thank you. Okay. Well, it looks like there were -- was no further public
testimony on this application. And if the applicant didn't have anymore comments,
Council, any questions for staff or applicant?
Bird: I have none, Mayor.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: A question for Caleb. The staff report makes reference to some of the things
that were just addressed with regard to the supply or oversupply of mixed use
commercial land. Do you have any information in response to what we just heard? You
expressed some concerns in the staff report that hit on that very point.
Hood: Yeah. I -- Madam Mayor, Councilmember -- Councilmember Board, I don't have
any statistics to back up a lot of that at hand. Thornton Oliver Keller did a study for us
just about a year ago now talking about oversupply, actually, of land zoned for
nonresidential uses, but has not been constructed yet. So, this 131 percent, you know,
the expenditure, that people, essentially, can't find places to shop until the houses are
built and there is roof tops, we have a lot of land zoned nonresidential in north Meridian,
it's just the office space and the retail haven't begun their construction until all the
subdivisions get built out. There is a lot of -- my understanding -- and I'm not trying to
discredit any of this study, because I haven't seen those numbers, but that's my
understanding is we have a larger number of parcels that have actually been approved
either through a PUD back in 2002 or '3 that just haven't started to construct those
nonresidential uses, so -- that's where some of the conflict could occur. Like the
neighborhood center just to the east, that is starting to construct, but they are nowhere
near build out. I mean there is quite a few acres there that we anticipate and hope that
this doesn't conflict with and it can develop as envisioned with the Comprehensive Plan
map.
Meridian City Council
October 10, 2006
Page 36 of 40
De Weerd: And I guess to further that -- Councilman Bird and I might have been the
only two on here when we had the discussion at the corners or around our sewer
treatment plant and when they tried to bring residential in there and we, of course, had
a market study that said there was too much commercial and not enough residential, so
we should put housing around the sewer treatment plant. We have commercial up at
the corner of Ten Mile and McMillan. We have several opportunities on the Chinden
corridor and I think there is a couple of other on our Comprehensive Plan map. We do
hope that that's not all retail and that we do get some employment center type of
development in and around our north Meridian area to help start balancing out some of
this traffic and give people a place to work and live. I guess this is that corner that when
we looked at across the street I still have a real concern about. I'm not so concerned
about the southwest corner, because there is not too much else you can do with that.
With the school -- the middle school up the street to the north, this is just a real complex
area that we want to make sure that whatever we do is going to provide safety for our
kids as they walk to school. And, of course, that's my primary concern with what
happens in this area. This Comprehensive Plan amendment is not going to answer that
question. I guess we do want to see our neighborhood centers work and I have no
expertise on if this is too close to that, but keep in mind as the applicant has said, this is
a major east-west corridor and it's just a mile away from the Ten Mile corridor that's
going to be linked to an interchange and it is along a corridor that has a river crossing.
So, it makes it unique to a market that will serve a business community, whether it's
light office, mixed retail, and higher density development. That was not a position on
either side, just thought it was interesting some of the things that have been going on in
and around that area, because that whole area around the sewer treatment plant is not
for residential and some of it -- that corner -- the northwest corner is zoned for retail,
gas station, type of industrial use. And I guess I would offer if the applicant has
anything else to say, if you want to respond to anything I just added.
Penland: Madam Mayor, Members of the Council, maybe one last point. Caleb, could
we navigate to the site plan. One thing -- while this isn't binding, it does demonstrate
what can be done in this intersection to help alleviate the concerns of the students
navigating north from the school down south towards the park and I think if you look at
this yellow outline you can see a pathway that basically circumvents the intersection
entirely and, then, links onto the Five Mile greenbelt, which will also allow people to
frequent the area. Also now upon future development and submittal plans for
annexation rezone, a detached sidewalk separating the children from the road would
probably be something to consider, too. So, we tried to incorporate that somewhat
here, but, of course, that's for a future point. Thank you.
De Weerd: Can I ask you a question? Is that park on this piece or is that something
you would like us to --
Penland: You know, this was a piece of confusion. During our pre-application it was
deemed public/quasi public and during my neighborhood meeting the owner Rick
Kellogg actually said he was looking, potentially, to try to donate that as a park. So, that
was a misunderstanding and we clarified that somewhat at the Planning and Zoning
Meridian City Council
October 10, 2006
Page 37 of 40
Commission meeting. But it would be great, the high density multi-family adjacent to a
park would I think really work well. All right. Thank you.
De Weerd: Okay. Council, if there is no further information you need, I would look for
your direction on this.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: Unless there is further public comment, I move we close the Public Hearing on
CPA 06-002.
Wardle: Second.
De Weerd: Okay. I have a motion and a second to close the Public Hearing on Item
11. All those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Borton: Madam Mayor?
De Weerd: Yes, Mr. Borton.
Borton: I'll throw out my thoughts on the particular application. I'm not -- I'm not
opposed to it, I'm not particularly -- and I think I said this on the northern portion as well
-- I'm not particularly moved or persuaded with regards the market studies and what the
market might bear. I think the -- some of the remarks by Caleb and the lag that's
evident from approval to construction to having the bodies and the roof tops is realistic.
And I also agreed and mindful of what the staff's recommendations or concerns are with
regards to this application that should it be approved, a mixed use community does
provide for and perhaps encourage some medium and high density residential.
Whether or not that is what actually comes to bear on this particular corner, it might --
you know, I get some indication from staff that we shouldn't lose sight of that potential
and possibility and I tend to agree -- again, not saying one way or another what will
eventually end up on this corner, but I'm aware of that and I'm in favor of the application
with the understanding of staff's concerns and direction.
De Weerd: Caleb, a question for you. If you designate the southwest corner as mixed
use, they are not going to get a mix of uses on that.
Hood: Madam Mayor, Members of the Council, that doesn't seem to be feasible. I think
the idea was to make all four corners consistent, then, and you can look at all four
corners as a mixed use area, similar to your neighborhood center designations, that you
really look at the whole intersection and you hope to get a mix of uses on all four
corners combined.
Meridian City Council
October 10, 2006
Page 38 of 40
De Weerd: Thank you for that clarification, because I think it could get lost if we got an
application without keeping that in mind.
Rountree: Madam Mayor?
De Weerd: Yes, Mr. Rountree.
Rountree: I guess my comment on this particular application is I tend to agree with the
observation made by staff in terms of having already developed a mid point mixed use
center on Ustick Road, yet to be added to by expanding this one, which might be an
expansion of a previous error, adding that to yet another one on Ten Mile, yet another
one on Meridian Road. The concept of Ustick being a major thoroughfare, a major
opportunity to move traffic becomes less and less. So, I'm not inclined to perpetuate
the -- what I believe is probably an error on our part for allowing the mixed use on the
northern two quadrants of this particular intersection. So, I will probably vote not in
favor of this application.
De Weerd: Okay. Any other comment from Council? If not, do I have a motion?
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: I move that we approve Item No. 11, CPA 06-002.
Wardle: Second.
De Weerd: Okay. I have a motion and a second to approve Item 11. Is there any
discussion?
Bird: I have none, Mayor.
De Weerd: Okay. Mr. Berg.
Roll-Call: Bird, yea; Rountree, nay; Wardle, yea; Borton, yea.
MOTION CARRIED: THREE AYES. ONE NAY.
Item 12: Ordinance No. 06-1267 : AZ 05-021 Request for Annexation
and Zoning of 2.78 acres from RUT to L-O zone for Whitewater
Subdivision fka Redfish Subdivision by Ben Miller – 4120 North Linder
Road:
Meridian City Council
October 10, 2006
Page 39 of 40
Item 13.: Ordinance No. 06-1268 : AZ 06-040 Request for Annexation
and Zoning of 4.38 acres to an R-8 zone for Bellabrook Subdivision by
JE Development, LLC – 300 South Locust Grove Road:
Item 14: Ordinance No. 06-1269 : AZ 06-036 Request for Annexation
and Zoning of 10.94 acres from RUT to an R-4 zone for Bitterbrush
Point Subdivision by Majestic, Inc. – east of Meridian Road and north of
Victory Road:
De Weerd: Okay. Thank you. Okay. Ordinances 12, 13 and 14, 06-1267, 06-1268,
and 06-1269. Mr. Berg, will you, please, read these three ordinances by title only.
Berg: Thank you, Madam Mayor, Members of the Council. Ordinance 06-1267, an
ordinance for annexation of property located in the southwest quarter of the northwest
quarter of Section 36, Township 4 North, Range 1 West, Boise Meridian, Ada County,
Idaho, as described in Attachment A and annexing certain lands and territories situated
in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of
Meridian, as requested by the City of Meridian, establishing and determining the land
use zoning classification of said lands from RUT to L-O in the Meridian City Code,
providing that copies of this ordinance shall be filed with the Ada County assessor, the
Ada County recorder, and the Idaho State Tax Commission, as required by law, and
providing for a summary of the ordinance and providing for a waiver of the reading of
the rules and providing an effective date.
Berg: Ordinance No. 06-1268, an ordinance for annexation of property situated in a
portion of the northwest quarter of the northwest quarter of Section 17, Township 3
North, Range 1 East, Boise Meridian, Ada County, Idaho, as described in Attachment A
and annexing certain lands and territories situated in Ada County, Idaho, and adjacent
and contiguous to the corporate limits of the City of Meridian, as requested by the City
of Meridian, establishing and determining the land use zoning classification of said
lands from RUT to R-8 in the Meridian City Code, providing that copies of this ordinance
shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho
State Tax Commission, as required by law, and providing for a summary of the
ordinance and providing for a waiver of the reading of the rules and providing an
effective date.
Berg: Ordinance No. 06-1269, an ordinance for annexation of property situated in a
portion of Government Lot 4, Section 19, Township 3 North, Range 1 East, Boise
Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands
and territories situated in Ada County, Idaho, and adjacent and contiguous to the
corporate limits of the City of Meridian, as requested by the City of Meridian,
establishing and determining the land use zoning classification of said lands from RUT
to R-4 in the Meridian City Code, providing that copies of this ordinance shall be filed
with the Ada County assessor, the Ada County recorder, and the Idaho State Tax
Commission, as required by law, and providing for a summary of the ordinance and
providing for a waiver of the reading of the rules and providing an effective date.
Meridian City Council
October 10, 2006
Page 40 of 40
De Weerd: Thank you, Mr. Berg. You have heard these three ordinances read by title
only. Is there anyone who would like to hear it read in its entirety? Seeing none,
Council.
Bird: Madam Mayor?
De Weerd: Yes, Mr. Bird.
Bird: I move we approve Ordinances 06-1267, 06-1268, 06-1269 with suspension of
rules.
Rountree: Second.
De Weerd: Okay. I have a motion and a second to approve Items 12, 13 and 14. Mr.
Berg, roll call.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
De Weerd: Okay. Council, Item 15 we attended to under the Pre-Council.
Wardle: We omitted it from the agenda.
De Weerd: We omitted it. There is no 15. So, I would entertain a motion to adjourn.
Rountree: So moved.
Bird: Second.
De Weerd: All those in favor? All ayes.
MOTION CARRIED: ALL AYES.
MEETING ADJOURNED AT 8:57 P.M.
(TAPE ON FILE OF THESE PROCEEDINGS)
_______________________________ ______/______/______
MAYOR TAMMY DE WEERD DATE APPROVED
Meridian City Council
October 10, 2006
Page 41 of 40
ATTESTED:______________________________
WILLIAM G. BERG JR., CITY
CLERK