HomeMy WebLinkAbout2010 09-28Meridian City Council Meeting September 28, 2010
A Council meeting of the Meridian City Council was called to order at 7:10 p.m.,
Tuesday, September 28, 2010, by Mayor Tammy de Weerd.
Members Present: Mayor Tammy de Weerd, President David Zaremba, Charlie
Rountree, and Keith Bird.
Members Absent: Brad Hoaglun.
Others Present: Bill Nary, Jaycee Holman, Anna Canning, Bill Parsons, Kyle Radek,
Steve Siddoway, Bill Johnson, Scott Colaianni, Tom Barry, Jeff Lavey, Warren Stewart
and Dean Willis.
Item 1: Roll-call Attendance:
Roll call.
X David Zaremba Brad Hoaglun
X Charlie Rountree X Keith Bird
X Mayor Tammy de Weerd
de Weerd: Thank you for waiting. We appreciate your patience and welcome to our
City Council meeting. For the record, it is Tuesday, September 28th. It's 7:15. We will
start tonight's regular meeting with roll call attendance.
Item 2: Pledge of Allegiance
de Weerd: Thank you. Item No. 2 is our Pledge of Allegiance. If you will all rise and
join us in the pledge.
(Pledge of Allegiance recited.)
Item 3: Community Invocation by Dale Newberry with Ten Mile Christian
Church
de Weerd: Item No. 3 is our community invocation. Tonight we will be led by Dale
Newberry. He's with Ten Mile Christian Church. If you will all join us in the community
invocation or take this as an opportunity for a moment of reflection. Thank you for
joining us, Dale.
Newberry: Thank you. Our Father in Heaven, we bow before you giving you adoration
and praise. Lord, we -- we are continually amazed at that creator of all things, the
creator of the heavens ad the earth would die for us. And, Lord, we recognize that you
are the fount of all wisdom and that you tell us if we desire wisdom to ask you. Lord, we
are doing that. tonight. We pray that you will give us the wisdom, your wisdom, to
address problems, to solve issues and, Lord, to honor you in all the ways that we do
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September 28, 2010
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those. Thank you for your love. Thank you for your grace and may it imbue us that we
will, in turn, give grace to those we deal with, in Jesus' name,. amen.
de Weerd: Thank you for joining. Have I given you a City of Meridian pin? I would like
to present that to you for leading us this evening.
Newberry: Well, could I just say a brief word?
de Weerd: Uh-huh.
Newberry: I'd just like to thank you for sending Brenda Sherwood to Chicago the week
before last. She was an absolute joy to us.
de Weerd: Bill, could you speak into that mike? Thank you.
Newberry: Anyway, I'd like to thank you for sending Brenda to Chicago. She was a
delight to be with us. She's a hard working young lady, vivacious, good sense of humor,
and all the guys in our booth just loved her and I think she made a lot of contacts that
week with site developers and community leaders there and, like I say, you don't see a
return on those kinds of investments immediately, but I really believe that she laid some
groundwork there for Meridian. So, thank you.
de Weerd: Well, Bill, I think she also had some very impressive things to say about
your company, your employees, and the reputation you have in the manufacturing world
and that speaks very highly of you and your team as well. So, we appreciated the
opportunity to stand next to you at your booth and to work together to better our
community and that's what it's all about; right?
Newberry: Yes, it is. Thank you.
de Weerd: Thank you. Oh. And, Dale, I understand that -- Dale? I understand that
Brenda does have a new title, like CBO or something like that.
Newberry: She gave it to herself.
de Weerd: That was BB, but your guys came up with Chief Bunny Officer. Yes. Well,
thank you.
Item 4: Adoption of the Agenda
de Weerd: Item No. 4 is adoption of the agenda.
Zaremba: Madam Mayor?
de Weerd: Yes, Mr. Zaremba.
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September 28, 2010
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Zaremba: For tonight's agenda under the Consent Agenda, which is Item 5. Item 5-M
has been asked to be removed. We will deal with that another time, but it will not be on
tonight's Consent Agenda. Still on the Consent, Item 5-P, the resolution number is 10-
742. Item Q, the resolution number is 10-743. And we need to add another item to the
Consent Agenda, 5-R, and that is repair and reimbursement agreement for repair of
sanitary sewer system, Tree Haven Subdivision. Then, under Item 9, the action items,
Item H has been asked to continue to the next available meeting. When we get to that
we will decide what that meeting is, but it will not be heard tonight. Under Item 10,
Continued Department Reports, Item A, the resolution number is 10-744. Item B, the
resolution number is 10-475. Item 11, Ordinances, Item A, the ordinance number is 10-
1457. Item B, the ordinance number is 10-1458. Item 12, Others, the resolution
number is 10-746. And with those amendments and adjustments, I move that we adopt
tonight's agenda.
Rountree: Second.
de Weerd: I have a motion and a second to adopt the agenda as amended. All those in
favor say aye. All ayes. Motion carried.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 5: Consent Agenda
A. Approve Minutes of September 7, 2010 City Council Special
Meeting
B. Approve Minutes of September 7, 2010 City Council Regular
Meeting
C. Citizen's Survey Contract with Infogroup/ORC for aNot-to-
Exceed Amount of $25,000.00
D. Confidentiality Agreement Between the City of Meridian and
Northwest Pipeline, GP for Transfer of Geographic Information
System (GIS) Data
E. Professional Services Agreement with Chief Joseph
Elementary School to Provide Artist in Residence to Teach
Golden Rule Themed Dance Workshop Series and to Produce
a Dance Performance Titled "Old Turtle and the Broken Truth"
for aNot-to-Exceed Amount of $1,500.00
F. Professional Services Agreement with TRS Range Services for
Indoor Multi-Use Training Facility Design for an Not-to-Exceed
Amount of $239,000.00
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September 28, 2010
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G. Professional Services Agreement for Implementation and
Configuration of a City Wide Planning, Permitting, Licensing
and Code Enforcement System Including License and
Maintenance Agreements for aNot-To-Exceed amount of
$581,928.43
H. Memorandum of Understanding Between Brown Mackie
College Boise and the City of Meridian for Participation in an
Internship Program
I. Approval of Award and Authorization of Issuance of a
Purchase Order with APSCO, Inc for Turbo Blowers for aNot-
To-Exceed Amount of $280,000.00 and Approval for the
Purchasing Manager to Sign Purchase Order
J. Water Main Easement for The Church of Jesus Christ of Latter
Day Saints Located at 2555 Stoddard Road, Meridian
K. Amendment to Original Contract Dated July 28, 2009 for a
Supply of Ferric Chloride Solution for Use at the Wastewater
Treatment Plant for Odor Control and Prevention of Struvite
Formation with Weschem, Inc. for aNot-To-Exceed Amount of
$100,000.00
L. Addendum No. 8 to Original Agreement Dated November 1,
2002 with the City of Boise for City Prosecutor/Criminal Legal
Services for aNot-to-Exceed Amount of $282,660.00
N. Final Order for Approval: TE 10-018 Southridge Subdivision
No. 1 by Linder 109, LLC et al. Located on the Southwest
Corner of West Overland Road and South Linder Road:
Request for an 18-Month Time Extension to Obtain the City
Engineer's Signature on the First Final Plat
O. Findings of Fact and Conclusions of Law for Approval:
AZ 10-001 by Ada County Located at Southwest Corner of N.
Linder Road and W. Ustick Road: Request for Annexation and
Zoning of 2.58 Acres from R1 (Ada County) to C-C (Community
Business) Zoning District for Ada County Paramedics Linder
Station
P. Resolution No. 10-742: A Resolution of the Mayor and City
Council of the City of Meridian, Amending the Text of the City
of Meridian Comprehensive Plan to Amend the Meridian
Design Manual for Design Review
Q. Resolution No. 10-743: A Resolution of the City Council of the
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September 28, 2010
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City of Meridian, Idaho Setting Forth Certain Findings and
Purposes to Declare Surplus Property and Authorizing the
Mayor of the City of Meridian to Donate a Vehicle to the City of
Bonners Ferry, Idaho
R. Added: Repair and Reimbursement Settlement Agreement with
Oakleaf Development Company, Inc. and Bent Fender LLC
d/b/a/ Treehaven for Repair Sanitary Sewer System Treehaven
Subdivision
de Weerd: Item 5 is our Consent Agenda.
Zaremba: Madam Mayor?
de Weerd: Mr. Zaremba.
Zaremba: As previously noted, Item 5, the Consent Agenda, is without Item M. Item P
was resolution 10-742. Item Q, resolution 10-743. And the Consent Agenda does
include Item R, which is reimbursement agreement for Tree Haven Subdivision sewer.
With that I move we approve the Consent Agenda and for the Mayor to sign and the
Clerk to attest.
Bird: Second.
de Weerd: I have a motion and a second. Any discussion?
Rountree: I have none.
de Weerd: Madam Clerk, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, absent.
de Weerd: All ayes. Motion carries.
MOTION CARRIED: THREE AYES. ONE ABSENT.
de Weerd: Well, I do want to recognize a face in the audience that I haven't seen for
some time. Jack Sweet. It's nice to see you here. I don't know, are you here for the
item that was just continued? Are you hear for Item 9-H?
Sweet: I just came to get cool.
Item 6: Community Items/Presentations
A. The Naming of Centennial Park Shelter
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September 28, 2010
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de Weerd: Well, you came to the right place. If you want to borrow my coat, I would be
more than happy to lend it to you. Item 9-H is being -- they have requested to continue
to our next meeting, in case that is the one you're here for. So, with that said, Item No.
6 is our Community Items/Presentations for naming of Centennial park shelter. I'll turn
this over to Steve Siddoway.
Siddoway: Thank you, Madam Mayor, Members of the Council. I come before you
tonight to recommend that we name the new picnic shelter in Centennial Park for Terry
Smith. We have received a letter from the Mayor making this recommendation. I would
like to read just an excerpt from it into the record. I know everyone knows Terry Smith
here, I believe, but Terry was a long time businessman and an active volunteer in
Meridian and represented the best in our community. Terry was all the things our
community stands for, a pillar in our town, and known by many as Mr. Meridian. Terry
Smith was a man of faith, a man who loved his family. He was a banker, Meridian
Kiwanis leader, president of and ambassador for the Chamber of Commerce, involved
in preserving and sharing our rich history, a believer and supporter of youth and a train
enthusiast. Terry was acommon -- a community advocate and the energy behind
projects such as Eagle Road interchange, Generations Plaza, which has benefited me
greatly, and the creation of the Urban Renewal District as the Main Street LID that
brought street trees and sidewalks to downtown and dare I mention split corridor and
the years of debate. He was known through his service on the countless committees
and philanthropic involvements as an individual who unselfishly dedicated an entire life
to this community and others in it. Terry was truly a man who has made a significant
difference in our community. The parks amenities and signage committee has reviewed
this recommendation. They have forwarded a recommendation to the full commission,
recommending approval of this naming of the Centennial Park shelter in honor of Terry
Smith. Earlier today the Parks and Recollection Commission met and took action on it
and have formally recommended to the City Council approval of the naming of the
shelter in Centennial Park for Terry Smith and I'm here to represent that to you tonight
and seek your approval. If approved, we will move forward with that immediately and
try and get that accomplished in the next -- in the first couple weeks of October. We are
tentatively targeting October 12th as a date, but let me stop here and ask for any
questions and seek your feedback.
de Weerd: Thank you, Steve. Any questions from Council?
Bird: I have none.
Rountree: I have no questions. Madam Mayor, it would be my honor to move that we
approve the recommendation and move forward with the naming of the shelter in honor
of Terry.
Bird: Second.
Zaremba: Second.
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September 28, 2010
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de Weerd: I have a motion and a second. Any discussion? Steve, Iwould- like to thank
the commission for having the special meeting and coming together and getting this
taken care of for it to be on the Council agenda tonight. So, our thanks to you and your
staff and the commission for --
Siddoway: Iwould just represent back, too, that every one of the commissioners
participated in that special meeting, which was remarkable on fairly short notice and we
wanted to get this done. So, we made it happen and we are before you tonight. If
might just also mention that following Terry's funeral we did put out the word -- the
Mayor asked for atree -- a memorial tree and we did receive all the funds necessary to
do a tree. The Kiwanis Club has also expressed interest in doing a bench, so we would
anticipate having the bench and tree as part of the naming ceremony in the park at the
same time that we do the naming of the shelter. So, we will move forward on all those
fronts and confirm the date with you shortly.
de Weerd: Yeah. It just made the timing critical to have a tree that had some leaves on
it when we plant -- when we have the ceremony. If there is no discussion, Madam
Clerk, will you, please, call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, absent.
de Weerd: All ayes. Motion carried. Thank you.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 7: Items Moved From Consent Agenda
de Weerd: There were no items moved from the Consent Agenda.
Item 8: Department Reports
A. Mayor's Office: Mayor's Youth Advisory Council (MYAC)
Update
de Weerd: We will move to Item 8 under Department Reports. Tonight I have the
pleasure of introducing or recognizing Eli Nary, our Mayor's Youth Advisory Council
chair for the 2010-2011 school year.
E.Nary: Madam Mayor, Members of the commit -- Members of the Council. Sorry. It's
been awhile since I have been here, but as you all probably know, my name is Eli Nary
and I'm the chair of the Meridian Mayor's Youth Advisory Council, as the Mayor said.
It's great to be back and as hopefully you know, every month, like we did last year, we
will have more council members to come from our executive council and also from our
general council, which has many new faces. In fact, this year so far -- at our first
meeting we had 48 -- we had 48 people in attendance. At our last meeting we had 45,
but of those 45 there were plenty of new faces of people that we hadn't met -- yet met
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September 28, 2010
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and of those 45 many of them were incredibly active in discussions about different
events, such our Teen Activities Council. A couple weekends ago we had our first Teen
Activities Council party, which was a back-to-school barbecue on the 17th of
September. At the back-to-school barbecue we had around 20 to 30 people that came,
which seemed like a good turn out, because it was also the night of a football game,
which is also kind of hard with our planning, but of those 20 or 30 people we socialized,
we met, we interacted with a whole new group of people, along with old faces and new.
And so I felt it was a great success and, then, the next day we also had the parks and
recreation block party. At the block party we ended up having 12 volunteers for the
3,000 people that were at that event. It was a great event for MYAC and it was a great
way to kick off the year. And, finally, I just wanted to thank the Mayor for all the work
that she's done this summer and supporting us in everything we do. As well as Allison
Kaptein, of Parks and Recreation Department, for being our liaison between the Parks
and Rec Department and the Teen Activities Council, as well as Adrian, who is -- who is
returning for a fourth year as a volunteer to help us with our government affairs
committee. Thank you. And I open myself to questions.
de Weerd: Thank you, Eli. Council, any questions?
Rountree: I have none.
Bird: I have none.
de Weerd: We have held two meetings and so you should hear at the next report next
month kind of an overview of the year ahead. We are entering into those discussions
with the first introductory subcommittee discussions and so we look forward to next
month's report.
Eli: Great. Thank you.
B. Discussion on City Council Meeting Schedule
de Weerd: Thank you, Eli. Okay. Item 8-B is discussion on the City Council meeting
schedule. I'll turn this over to our city clerk.
Holman: Madam Mayor, Members of the Council, there was discussion at last Friday's
agenda setting meeting regarding the three meetings that we have getting kind of longer
and longer agendas. Our second workshop meeting seems to be really, really long,
because all the departments have to put all of their items -- or try to push them towards
that meeting. That leaves us with just two meetings, the first and the fourth for public
hearing items, so sometimes I think it causes a few issues here and there trying to get
things scheduled between that first and fourth meeting and the long gap that sometimes
happens. So, we were going to bring it back up for discussion and I don't know,
Councilman Zaremba, you had some comments on Friday also, if you wanted to
discuss it also, so --
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Zaremba: Madam Mayor?
de Weerd: Mr. Zaremba.
Zaremba: I just -- one thing. I had always expected that we would have four meetings
a month, so although I have enjoyed having one of the weeks off from the evening
meetings, as the meetings have gotten longer my feeling is I don't do the best thinking
that late at night after we have been here for many hours and my preference would be
to have -- go back to having four meetings a month, hoping that they would be shorter.
That, in addition to the observation that the Mayor made during our last meeting, that
our workshop is beginning to have a lot of other items on it that aren't necessarily what
we intend to be workshop items, because it's too long to make the public to wait,
essentially three weeks if they don't get on the first meeting, they are on the fourth
Tuesday, and I just wanted to open it up for discussion. I have expressed my opinion
that I would like to go back to meeting four times a month, the second one being the
workshop, and be a little more exclusive about what's on that agenda, but I wanted to
hear from the other councilmen.
de Weerd: Council, any comments or --
Bird: Madam Mayor?
de Weerd: Yes, Mr. Bird.
Bird: I have no problem going back to four. We signed up when we got elected to be at
Council meetings regardless of how many they had a month. My only problem is our
workshops are long in my opinion because for the simple fact we hear the same
message every week from the same departments. We have got eight departments, we
have got 12 months, I don't know why one department can't take a month at a time, but
that's not -- I'm not the scheduler or nothing else and I will be here to listen. But I can
go back to four, but -- and I like the shorter meetings, too, but I don't want to -- I don't
want to have meetings just to have meetings. I want to make sure that there is stuff to
do and I don't see the applications or the building coming in that we have had -- we had
three years ago and so, I don't know, if we got -- if we got it all I will be here. It depends
on what the rest wants.
Rountree: Madam Mayor?
de Weerd: Mr. Rountree.
Rountree: I'm fine with returning to our old schedule, which was four Tuesdays in the
month. Where the workshop is -- I don't know what Tuesday you pick, whether it's the
second or the last, the only concern I have is that we have -- not only have we totally
gotten away from what we originally wanted to do in a workshop, lately we shied away
from it significantly in the past and I would like to see us go back to items that are not
action items, items that are for discussion and for us to learn and hear about, so we
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September 28, 2010
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have some time to contemplate what it is we want to do with either an ordinance or a
particular subject. So, I'd like to see us get back to that instead of having business as
per usual with lots of other kinds of activities on at least one of those evenings, which is
-- now it's been the second Tuesday, whether it's -- I will let the clerk and the Mayor
decide which might be the most appropriate time based on how things come in that do
need business kinds of actions, whether it's permits or those sorts of things that we
seem to get last minute and for some reason all the time and I would think we could
schedule those the first part of the month or the last month part of the month or
whatever. Anyway, going back to four is fine.
de Weerd: Thank you, Council. I think with adding that third Tuesday back in, it will
eliminate the need for the Consent Agenda on -- on our workshops. I will tell you
whether it's a dog at large ordinance or backflow prevention topic -- because we have a
lot of things still going on regardless of whether we have public hearing and
development applications, it doesn't stop the flow of ordinances that we find all of a
sudden are a misdemeanor, instead of an infraction that we all assumed or other types
of discoveries that these are timely and we can't wait for that annual strategic piece.
Some our departments also are much larger than others, that demand a longer period
and our attention spans are only so long, we can only listen to strategic planning items
no more than an hour and so those other ancillary policy based things do need to come
in addition to some of those other more long-term visionary aspects. So, I do believe
that with this additional meeting added back in we can start distributing some of those
topics to other agendas and so it's not all laid out on the workshop and we will go back
to trying to time -- time the workshop items that give better direction to that regard as
well.
Nary: Madam Mayor?
Zaremba: Madam Mayor`?
de Weerd: Yes, Mr. Zaremba.
Zaremba: And this may be a question for Mr. Nary and maybe he was going to bring it
up. When we went to three we actually took a vote and it was a change of either an
ordinance or bylaws or something like that. My question is do we need to undo that in
the same manner?
Nary: Madam Mayor, Members of the Council, Council Member Zaremba, we would.
We would have to bring you back a new ordinance change. Currently the ordinance
says you meet on the first and fourth Tuesdays of the month for regular business
meetings and a workshop on the second Tuesday of the month. So, if the desire is to
add in the third, we can either put it in that front section and just include the third
Tuesday of the month. In October I don't think you have any planned off weeks. In
November -- or we have that -- it's November where there is a fifth Tuesday and
December you have generally in the past not met the week between Christmas and
New Year's. But we can -- we can bring a change back next week if you would like.
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The only other thing I was going to suggest -- Council Member Hoaglun isn't here
tonight and I know there have been occasions that he had planned around the week
that -- that you didn't meet, to take care of other business with his real job. So, I don't
know if -- if you had any opportunity to discuss with him if he had an issue, but that was
the only other thing I thought since he wasn't able to be here tonight. But if you would
like I can bring back an ordinance next Tuesday with it changed to three meetings a
month or four meetings a month if you would like. So, whatever your preference.
de Weerd: Mr. Nary, I think it would be helpful if we talk about this at the agenda setting
meeting on Friday and give us an opportunity to talk to Councilman Hoaglun as well --
Nary: Okay.
de Weerd: -- prior to bringing something back to Council.
Rountree: That would be good.
Item 9: Action Items.
A. Continued Public Hearing from September 7, 2010: ZOA 10-
001 by City of Meridian Planning Department Request to
Amend and Add to the Current Provisions of the Unified
Development Code (Title 11 of Meridian City Code) Related to
the Portable Classroom Standards Outlined in UDC 11-4-3-14
Education Institution
de Weerd: Okay. Very good. Thank you so much. Okay. Item 9 under Action Items.
We will start with continued public hearing on Item 9-A on ZOA 10-001.
Canning: Madam Mayor, Members of the Council, this is a continued public hearing, so
I'll just quickly get you up to speed. There was two key changes from staffs
recommendation by the Planning and Zoning Commission. One was that the exterior
colors of the portable classroom shall be compatible with the color of the primary school
building and the second was that the roofing material on the portable classrooms shall
be of a finish that emits a minimal amount of glare and at the last hearing there was two
questions and, unfortunately, there was no representative from the school district. The
first question was can we just have them replicate, basically, the roofing material on the
main school structure and the second question was can we add something about
planning for these portable classrooms in the original school layout. So, we have
addressed the first question and that would be at the very beginning of that section
under education institutions for the section starting the port able classroom discussion,
we will just add a condition that the site plan for all education institutions shall include
the location of any future portable classrooms, temporary and/or permanent. So, I think
that will address the issue. The school district had no concerns. They are trying to start
to do that a lot and they definitely saw the value in trying to plan for that ahead of time.
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Rountree: Good.
Canning: The other item was regarding a new roofing material and I spoke with Daunt
in the building department and our limited knowledge of engineering -- engineered
structures, which these portable classrooms are engineered structures, is that once you
change a component of that that you, basically, have to hire a structural engineer and
reengineer the structure and we can look into that further, but we both felt pretty
confidence with that assessment, in that if you put a new roof on these probably are
going to require a structural engineer to reengineer it and, then, we are not sure if it's
still portable after that time. So, in the hearing last time it didn't seem like it was an
overriding concern, so I kind of left it at that level of analysis. Now, if it's a bigger
concern than I had realized, we can certainly go back and look at that, but, again, the
idea with these portable ones is that they will truly be portable, not like the 90 percent of
the portables that they have, which are not portable. So, there are some of them that
have asphalt shingle roofs, but those are ones that aren't portable at this time and they
are probably just going to die in place, so to speak. The other provision we added was
regarding some additional screening and this was just something that the representative
from the school district Mr. Exline and staff came up with to address the screening
standard for these where there is a street, because we knew there had been a concern
on the proximity of the portable classrooms to a street and that's down there at the
bottom of the page, it says G, where the portable classroom is located within 200 feet of
a street and is visible from such street, the portable classroom shall be screened from
view of the street with a minimum of one evergreen tree per 15 feet of lineal structure.
The tree shall be a minimum of six feet in height. So, that was an additional standard
that just came out of our conversation related to the site planning for it and perhaps
even getting some trees there in advance to screen those portable classrooms. And
with that I will answer any questions.
de Weerd: Thank you. Council, any questions?
Bird: Madam Mayor?
de Weerd: Mr. Bird.
Bird: Anna, going back to the roof, changing the material that covers the roof has
nothing to do with the structure of the roof, you still got the same structure under there,
whether it's tin or whether it's asphalt shingles. I can't see why we would say that it
would have to be reengineered to put a different material on the roof. I could be wrong,
butt--
Canning: Mr. Bird -- and I can research that further for you. I can give you the one
example that I'm aware of. When mobile homes or port -- manufactured homes, when
they came into the building department at Ada County at the time I was working there, if
someone wanted to add a porch we were required that they get a sign off by a structural
engineer to certify that that connection to the -- to the existing structure still met
standards and that -- again, it's -- I don't have a whole lot of experience and if you want
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me to research this more, you could be completely right, Mr. Bird, and we can do more
research if it's important an issue that you'd like us to follow. And I can't see you today.
There we go. So --
Bird: Anna -- and I just know that in construction trailers, while they are not -- the ones I
had built weren't quite the size of that, Icould -- I mean my roof structure was the same
whether I put tin on it or whether I put asphalt roofing. The only thing that changed is
you had a flat roof or a pitched roof and, I don't know, Ijust -- to me it's a -- it's a big
item, because I don't want tin roofs out there.
Nary: Madam Mayor?
de Weerd: Mr. Nary.
Nary: Madam Mayor, Members of the Council, I was at the Planning and Zoning
Commission meeting, so I mean I can at least tell you what the school district testified
about and what the neighbors' concerns were. The neighbors were concerned that the
roofs were shiny and reflective and so what, basically, Mr. Exline testified about was
that there were some of the disconnects I think for the public sometimes on these is
they see a number of these portables on elementary school properties and they have
significantly been changed with roofing material or siding material and those types of
things. Those aren't intended to be moved any longer, so they have -- they are
following a different standard and when they purchase these particular portables they
are prefab, state bid, contracted portables. So, their concern was that by adding
different material or putting roofing material on there they are changing the structure of
the building and making it less able to be portable in the future. The idea is -- and that's
why our ordinance that's proposed has a limitation on the time limit that they can have it
there. Before they would, then, have to meet design review and, then, probably have
this discussion which you're -- that you're concerned with now, Mr. Bird, on whether it
matches the neighborhood, whether the siding or roofing materials are consistent with
the surrounding area. The intent of these to be there for no more than I think four years
and, then, move them somewhere else and so the school district was just concerned
that by putting more -- more materials on this it makes it less likely they can move it.
So, that's -- that was, really, their concern and the neighbors were perfectly satisfied
when all that really is -- all that was really required was that it not be reflective. That's
the only issue they had, so -- if that was any help to you.
Bird: Okay.
de Weerd: Thank you. Any other questions from Council?
Rountree: I have none.
Zaremba: Madam Mayor?
de Weerd: Mr. Zaremba.
Meridian City Council
September 28, 2010
Page 14 of 54
Zaremba: I guess I'd chime in on the same subject. I'm not so concerned about what
the material is, I think just the lack of glare is the goal and however they accomplish that
is fine with me. Not to confuse the issue, but I have had a phone call from a citizen in
the interim since our last discussion, who lives near an elementary school that has a
temporary building and she thought the temporary building was just fine, but it turns out
there were two porta-potties that are someplace near the street, apparently intended to
be there permanently. I forget the exact --
de Weerd: Permanent porta-potties?
Zaremba: They were for use by the people at the playing fields or something like that,
and she wondered if we couldn't have something in our ordinance that regulated
permanent temporary porta-potties.
de Weerd: Permanent temporary porta-potties.
Canning: Yes. Madam Mayor, Members of the Council, Mr. Exline did mention that that
was an issue he was struggling with. I believe it was the PAL soccer league that
brought those in for use during the -- or maybe it was Optimist football. It was one of --
sorry. It was one of those groups. I can't remember. But --
de Weerd: Let's blame it on Optimists.
Canning: It was -- they were trying to do the good right thing by allowing their fields to
be used and this issue has come up, so I think they are trying to figure out how to
address it, so --
Zaremba: Okay. Thank you.
de Weerd: So, does that mean stay tuned?
Canning: I can have a -- I can get an update for you. He really just kind of -- it was an
aside statement, but I can ask him for something.
Zaremba: Madam Mayor?
Bird: Madam Mayor? And I -- and it could -- we -- I know we have -- Optimist has put
out porta-potties. We think it's a lot nicer for the kids to go there than out behind a some
tree, so -- and I don't think it's unattractive myself for the young kids, they are just for the
football season, which is seven weeks.
de Weerd: Mr. Zaremba.
Zaremba: I was just going to add if they are working on it I don't see any reason to add
it to the ordinance, but I'm glad to know they are aware of it and working on it.
Meridian City Council
September 28, 2010
Page 15 of 54
de Weerd: Now, just to report back, probably. If there is no further questions from
Council at this time, is there any member of the public who would like to provide
testimony on this item?
Canning: And, Madam Mayor, for the record, Mr. Exline did submit his agreement with
the new -- or his support of the new wording in an a-mail that was forwarded to the
clerks.
de Weerd: Thank you.
Rountree: Madam Mayor?
de Weerd: Council? Yes, Mr. --
Rountree: I move that we close the public hearing on Item 9-A.
Bird: Second.
de Weerd: I have a motion and a second to close the public hearing on 9-A. All those
in favor say aye. All ayes. Motion carries.
MOTION CARRIED: THREE AYES. ONE ABSENT.
de Weerd: Do I have a motion?
Rountree: Madam Mayor, I move that we approve the temporary portable classroom
text amendment ZOA 10-001.
Zaremba: Second.
de Weerd: I have a motion and a second to approve Item 9-A. Is there any discussion?
Hearing none, Madam Clerk.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, absent.
de Weerd: All ayes. Motion carried.
MOTION CARRIED: THREE AYES. ONE ABSENT.
B. Public Hearing: PP 10-001 for Spurwing Greens by Spurwing
Greens, LLC Located North of Chinden Boulevard,
Approximately 1/4 Mile East of Black Cat Road and West of
Spurwing Subdivision Request: Preliminary Plat Approval for
214 Residential Building Lots and 16 Common Lots on
Approximately 86.66 acres in an R-2, R-8 and R-15 Zoning
Meridian City Council
September 28, 2010
Page 16 of 54
District
C. Public Hearing: VAR 10-001 for Spurwing Greens by Spurwing
Greens, LLC Located North of Chinden Boulevard,
Approximately 1/4 Mile East of Black Cat Road and West of
Spurwing Subdivision Request: Variance to UDC 11-6C-3B.4 to
Exceed the Maximum Cul-de-sac Length Allowed in a
Residential District for Block 24
de Weerd: Item 9-B is a public hearing on PP 10-001 and I will also open Item 9-C on
VAR 10-001 and ask for staff comments at this time.
Parsons:. Thank you, Madam Mayor, Members of the Council. The subject property is
located on the north side of Chinden Boulevard approximately a quarter mile east of
Black Car Road and west of Spurwing Subdivision. You recall 2006 -- brief history on
this site. This property was annexed as the Tree Farm property. Later in 2007 the
property came before you and platted as the Jayker Subdivision. Current the properties
all -- is zoned R-2, R-8, R-15, and a small portion of C-N. Here is an aerial of the
property. Again, it's fairly undeveloped at this time. The applicant is in the process of
constructing some homes on the site. Here is the proposed preliminary plat. With this
application the applicant is proposing to plat 214 lots and 16 common lots and, really,
what I want to do is get to this slide for you tonight, because this really tells the story
and kind of goes over -- goes over the overall picture of what's proposed, what's been
platted, and what's being proposed be platted this evening. And also it has to deal with
their variance request as well. So, here is a general concept plan. If you look at the
light beige lots, those are the recorded lots that platted with Jayker Subdivision No. 1.
The darker beige on the outskirts in the northeast -- excuse me -- northwest and
southeast corners are proposed with the plat before you this evening. The black circle
references the proposed stub streets that they are proposing with the subdivision. I
have highlighted the future community center that was part of the concept plan back in
2006. I have also gone -- highlighted ACHD's preferred stub street location. During the
Planning and Zoning Commission we had not received site specific comments from
ACHD and so Planning and Zoning Commission made a recommendation regarding the
current location of that stub street. Just some quick facts about the plat. Total increase
in lots is up from 77 lots from the previous plat, it contemplated 277 lots, so with this
portion of Jaykers No. 1 and what's proposed on the plat, there will be a total of 354
residential lots. The increase is largely due to larger estate lots up here along the north
and, then, some estate living lots along the east -- excuse me -- along the west
boundary. If you recall, the only access point to this site at this time -- public street
access point is from Chinden, which his at the half mile, which is consistent with the
ordinance and, then, also back in May of this year Council approved a DA modification
that allowed for a gated common drive to connect to the subdivision -- Spurwing
Subdivision to the east and that was so that residents from the Spurwing Greens
Subdivision could access the amenities in the Spurwing Subdivision and, vice-versa,
residents from the Spurwing Subdivision can access amenities within the Spurwing
Greens Subdivision. So, discussion -- Planning and Zoning Commission did
Meridian City Council
September 28, 2010
Page 17 of 54
recommend approval at their August 19th hearing. Speaking in favor was Rod
Blackstead and David Turnbull. Staff also received written comments from Mike Wardle
regarding staffs recommendation at that time. That written testimony spurred some
discussion with the Planning and Zoning Commission. The first item that they
discussed was timing for the community center. Second item had to deal with lot
frontage requirements of the UDC. And the third item was open space and amenities
existing and planned for the subdivision. Key changes from the Planning and Zoning
Commission include modification to condition of approval 1.1.1, which just expanded on
that condition of approval and stated that if common lots were -- there were several lots
that did not meet the lot frontage requirements of the UDC in the R-8 zoning district, if
there was a common driveway, the UDC allowed for a smaller lot frontage and the
applicant just wanted some clarification -- expanded clarification that that would be
allowed and staff was amenable to that and so was Planning and Zoning Commission.
And, then, also condition 1.1.6 came down to the timing for the community center. The
applicant testified at that hearing that residents of Spurwing Greens will have the
privileges of using the country club at Spurwing Greens -- or Spurwing country club in
Spurwing Subdivision in Ada County. It was discussed that that is -- that is an off-site
amenity, it's not included with this proposed subdivision, but the applicant was -- wanted
to make sure that those services are provided, they are not -- they wanted to make sure
that they are not trying to get out of the obligation of constructing that, they just wanted
to make sure that it happens at a different timing than what was originally approved.
The previous staff report referenced that to happen at the 201st building permit. The
Planning and Zoning had made a recommendation for that to change to the 325th
permit and that the applicant has provided comments before you tonight and wants it to
revert to the 351st permit. So, that's something they will want to discuss with you as
well. One outstanding issue before you was that -- like I had mentioned earlier, staff did
not have ACHD's comments prior to going to Planning and Zoning Commission hearing.
Since that time we have received site specific comments. ACHD has notified staff, the
planning department, that they would like the southern stub street -- where I have the
green arrow labeled relocate -- they would like that stub street to shift over and align
with the private street known as Double Eagle Lane, for future connectivity if and when
that access point is ever closed off to Chinden Boulevard. Before I came to hearing
tonight I did research the previous staff report and that was certainly a topic of
discussion in that staff report. Staff at that time had concerns that that 25 acre parcel
where that street is stubbed now at the south, did not have access rights to that private
lane. That private lane was mainly to serve the street -- the home -- the residential
homes that are platted along the east side of that road. So, staff, with ACHD's
recommendation as it read in the staff report, said that that stub street should shift over
and provide a stub street to provide a connection to that 25 acres. Well, now we are
here at 2010 replatting this .and ACHD has communicated to staff that that's an error
and they always wanted that street to stub to the North Double Eagle Lane. So, in their
recommendation and site specific conditions of approval they had requested that that
street move to the east 471 feet. I have communicated with ACHD that that creates a
problem with block length in compliance with our ordinance. Currently our -- the UDC
requires block lengths not to exceed 750 feet. If that road were to shift to the east as
ACHD has recommended, that would require -- that would extend that block length to
Meridian City Council
September 28, 2010
Page 18 of 54
980 feet. And so the applicant has been made aware of that, if it is -- you're inclined to
make the recommendation on that to agree with ACHD's recommendation that they
would have to somehow provide a pedestrian connection somewhere in there to break
up that block length. So, that was one recommendation that we posed to you tonight.
The other issue had to deal with the cul-de-sac length, which is in the northwest corner.
Pre-app with the applicant, we told them more than likely unable to meet the findings in
the UDC for recommending approval of that variance. Planning and Zoning
Commission did not take action on that application. They understood that Council
would take action on that and be the deciding body on that application, so they just kind
of danced around the issue and allowed -- put in your -- to make that decision.
However, staff did make a recommendation in the staff report and I have highlighted
that with the red circle there along the western boundary of that -- of block 24 and,
basically, what staffs recommendation was -- was to eliminate this stub -- the northwest
stub street here that's currently to the Carnahan property, to locate a stub street here
and bisect this cul-de-sac length and provide a western stub to that property for future
connectivity. And this stub street and this portion of the plat would just go back into a
common lot. Again, staff did read -- receive written testimony since the Planning and
Zoning Commission from Mike Wardle. I will briefly talk to you on what he would like to
discuss, have you take under advisement this evening and we will go from there. So,
applicant made some comments regarding condition 1.1.3 and third bullet point of
condition 1.1.8 and that has to do with that stub street and realignment of that common
open space that I just previously discussed with you. Right now staff had
recommended that I have conditioned them to close out that stub street, make that a
common lot, and stub at the western boundary as I have proposed this evening.
Granted, if this Council grants approval of a variance, those conditions will no longer be
applicable. 1.1.2 would have to be modified slightly and 1.1.8 could be stricken from the
conditions of approval. Other conditions is condition 1.1.6, again, the applicant would
like to have that changed from the P&Z recommendation of 325th building permit to the
351st building permit. Keep in mind that there is another preliminary plat that will be --
that's currently still alive and valid and in that staff report in 2006 they were conditioned
to provide that amenity at the 201st building permit. So, that's still valid. The other
condition they'd like to discuss with you this evening has to deal with condition 2.2. It is
a Public Works condition. It has to deal with some of the sewer issues that are out
there in the subdivision. I won't touch on that this evening. I have communicated that
concern to Public Works and Warren certainly -- Mr. Stewart is here to address any
concerns you may have regarding that condition of approval. And, then, also condition
7.1.1 in the ACHD staff report, ACRD had made an error for the requirement of the ten
foot pathway on the eastern side of North Chicker Way. My understanding is ACHD
has amended their staff report and made that correction, so their condition of approval --
their site specific condition of approval is exactly -- is -- meshes with what staff had
recommended and what Planning and Zoning had acted on at their hearing and, then,
the final condition of approval is 7.1.5, which is the relocation of that stub street. Again,
touched base on that. Again, ACHD would like that to shift. I think you understand
where we are at as far as getting that block face corrected. I would like to mention that
that could happen at the time of final plat, but it's something to certainly be conscious of
when they come into final plat this. The applicant is proposing multiple phases with this
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September 28, 2010
Page 19 of 54
subdivision, eight in total, and I believe this was proposed to be phase three, so it's
something the applicant should be cognizant of as we move forward in platting these
lots. With that I'd stand for any questions you may have at this time.
de Weerd: Thank you, Bill. Council, any questions at this time?
Bird: I have none.
de Weerd: Okay. Would the applicant like to come forward?
Turnbull: Madam Mayor, Members of the Council, David Turnbull, address is 12601
West Explorer Drive in Boise.
de Weerd: Thank you.
Turnbull: It's a pleasure to be here tonight and I know that many of you are familiar with
this project and its history and particularly the recent history. This is a collaboration
between Brighton Corporation and Roger Anderson. As you know, it was originally
platted as the Tree Farm and that it was launched probably at a particularly difficult time
and difficult environment. Since then Roger and I have collaborated in taking this
project on and when you take on a project like this there is some critical elements to get
it back up and running again and one of them is rebranding. We needed to rebrand this
project and Roger particularly has worked very hard with Spurwing country club to
provide some very mutually beneficial arrangements, which we think are to the benefit
of Meridian city as well. So, each of the residents in -- well -- and the project is being
rebranded as Spurwing Greens to make that connection. Each of the residents of
Spurwing Greens will have a limited social membership to Spurwing, which includes use
of the club house, use of the restaurant, use of the swimming pool, and use of the
fitness center. So, that's a plus for everybody and instead of the aforementioned
requirement for a community center at 201 units, we are providing that now. Part of the
-- part of relaunching a project like this, too, calls for some redesign. There were some
problematic things with the original design. You will note that in -- as part of this
preliminary plat application there are some modifications to the first phase plats, too.
There was some lots that were difficult to build on and we are actually reconfiguring
some and actually taking a few lots out to make them large enough to actually build a
home on that will work. And, then, just the relaunch and I know that you were kind
enough to come out to our original relaunch press conference where we showed the
designs for many of the- new amenities that we have been adding and are adding will
add and we appreciate your participation there. But we have relaunched the project.
You will see the first homes come to completion this week with two of in the -- the DCA's
fall parade, the fall home collection, and it's pretty exciting that without too much in the
way of advertising and just word of mouth and the things that we have been generating,
we already have three sales, whereas I think we had two in the previous two years. We
will soon have probably a dozen homes up there where we had three in the previous
two years. And so we are gaining momentum and this is a pretty exciting venture for
us. Speaking of the amenities, of course, there is an abundance of open space and
Meridian City Council
September 28, 2010
Page 20 of 54
pathways there already and those will continue and we have been -- if you have
probably actually been out there you will notice that our property managers have gone
through done a very thorough job of cleaning up and getting the landscaping in good
shape. In addition to that, we were adding two new entrances, one off -- we are
completing -- we are redesigning and complimenting the entrance off of Chinden. Right
now there is just signage on one side, we will be adding signage on the western side of
that entrance and, then, in the estate area -- and I don't know if we can see that here.
Well, Idon't -- is there any way to point on here?
Canning: Do you see that little pointer right there underneath your hand?
Turnbull: This one?
Canning: There you go. Yeah, you can just -- you can select a color and draw on it or
you can use that as a pointer.
Turnbull: Does this have to be turned on somehow? Okay. That's great. Okay. So,
estate area -- is that showing? Okay. There will be a new monumentation added to the
entrance to the estates area right in here that will include a new postal facility, too, kind
of a drive-in place where residents can pick up their mail in the estate area. And, then,
also we are very appreciative of the processing and approving addition of the tennis
complex right here and that includes a connection from our development through to
Spurwing, which it was a major concern I think several years back about having that fire
access and that completes that -- both a private access, but also a fire access for
emergency services. This tennis complex is being constructed. Rod Blackstead is
here, he's our project manager on that and that's just a couple of weeks away from
completion and open to play. So, we are proceeding pretty rapidly as you can see. So,
do want to point out that when we get to this condition of the community center, this
development already probably has twice the open space required under the UDC,
probably has at least twice the number of amenities that are required under the UDC.
There was aslight -- I don't know -- I don't even know if that was a disagreement.
There was discussion in the Planning and Zoning Commission about the trigger point
for a second community center and swimming pool and I will address that a little bit
later. So -- and you may have further discussions on this, but the -- there is five basic
points of discussion that we had left tonight. The first one was this cul-de-sac length
right here. I believe it's 650 feet. The UDC is 450 feet -- is that, right, Bill? And we
realize that staff is unable to make a recommendation for a variance like this, but let me
just point out a few things. This estate back here is Doug Carnahan's. That's his
homestead. And his property extends down to here. And his desire for that area is for
that to be sort of his family compound and bisecting this with a road right here that
would sort of run into existing ponds he has or even moving it down closer here where
you would be going from a street to a street, we don't think accomplishes anything for
the city. In fact, Rod Blackstead has had a conversation with Joe Silva and Joe Silva
doesn't have any problem with the length of the cu-de-sac from the fire department
standpoint, nor did I understand does the Public Works Department. So, without any
compelling interest on the city, it seems to me like it would be appropriate to let Mr.
Meridian City Council
September 28, 2010
Page 21 of 54
Carnahan have his desire. We would appreciate an approval of the variance for that
cul-de-sac length there. The second item is the trigger point for the additional
community center. As I said, when -- when Mr. Anderson negotiated the benefit of
having access to Spurwing country club facilities for our residents, he specifically
negotiated a trigger point with them that at 350 -- after the 350th unit we would add a --
we would add the pool and our facility here. And so we'd just like that to be consistent --
you know, rather, than waiting for the 201st building lot, we have already provided that
amenity and we think that that's -- you know, to tell you the truth, it's a better community
center and swimming pool and fitness center than you would find anywhere else in any
of the private developments. So, we appreciate your recognition of that effort and that
amenity already being available and -- and revise that trigger point to being the 350th
unit. Third item for discussion was condition 2.2 on the sewer system. As I understand
it, the city has worked that out with Mr. Carnahan and they have an arrangement
wherein the city is taking some responsibility for that, so as your -- as the Mayor I know
is aware, that was a bit of a surprise to us after we had bought into this project that
these issues came to light and we would appreciate that condition being removed from
us as the applicant. But we think that that is being taken care of in the next couple of
weeks anyway. The fourth item, then, was the clarification that I think Bill covered. The
pathway is already existing on the east side of Jayker, so I don't think we need to speak
about that anymore. And, then, the fifth condition is this relocation of this stub street
here. I guess all I would request on that is you leave that to us, to your staff, and to
ACHD staff, to resolve that issue. We believe that this is the appropriate location. I
think that there is actually some issues with connecting a private street to a public street
that might be problematic, but having that stub street in that location does resolve block
length issues and it doesn't take away from any connectivity issues to that parcel, so
those would all still be provided. So, we'd appreciate your leaving that to the staff --
your staff, ACHD staff and us as the developer to resolve that issue. Don't know that
have anything further. We just appreciate the city's support in getting this project up
and going. It's to us a very exciting project and one that we are looking forward to
continuing to build and develop in. Thank you.
de Weerd: Thank you. Council, any questions?
Rountree: Not right now.
de Weerd: Thank you so much. I do have two people signed up on the sign-up sheet.
John Ewing in favor of. Would you like to provide testimony?
Ewing: Madam Mayor, Members of the Council, I'm John Ewing, 1500 EI Dorado,
Boise, Idaho. I'd like to start out by saying that we are in favor of these changes and --
guess Ineed to back up a little bit. I represent the TICO company and Aldape property.
I guess I could show you -- the TICO -- boy, I should have taken something to stop
shaking.
de Weerd: Are you nervous?
Meridian City Council
September 28, 2010
Page 22 of 54
Ewing: Well, I didn't think I was. The Aldape property is down over the hill. Hopefully I
won't have to draw anymore. But, anyway, couple of the issues -- and they aren't
issues and I do want to make this -- I haven't personally, but my son Tuck and my wife
Sherry has met with the neighborhood meetings and a lot of these things was
discussed. I think that my thought was -- is that we'd come and I'll just kind of bring
them up for the record of some of the things we talked about. I did mention to them that
didn't think there was any surprises. If, in fact, I have wrote down something that is a
surprise, I don't know that we are even looking for answers, we know that this is the
early stage of this, but real quick I can run through them. I -- the first one Ihad --
understood -- if I understood right, that there is an additional 277 lots. I don't think there
would be a concern about this, but a two part deal is there is still going to be plenty of
capacity for both the TICO property and down the hill to Aldape's property. I would
hope so, but that's a question that needs to be asked when we went to this higher
density. And another issue -- and I will see if I can -- on the plat -- we haven't seen it,
but the area right through here is where the -- my gosh -- where the new road goes
down below the hill. This is a three acre parcel on this side and six acres on this side
and right now we -- with the change of the road and we did not see at this point right
here a stub going into this three acre parcel. We did see it down here at this place to go
into the six acres. So, the only question we have -- I don't think there is any discussion,
but it would be nice to see it on the plat. Along with that, assuming -- and, again, I -- the
ones that have been to the meeting or the main one isn't here, but I'm assuming that
Jayker Way is going to be a collector all the way to the point where it can continue down
the hill to pick up, again, the Aldape property. And so that collector status I guess is
what I'm trying to say of Jayker Way clear to there. When -- on the old plat it continued
on around and came -- you know, came clear through. And that brings up another point
that we --
de Weerd: Mr. Ewing?
Ewing: Yes.
de Weerd: You will have to start to summarize, please.
Ewing: Summarizing? Oh. Okay. I -- real quickly, then. I forgot I was on a time
frame.
de Weerd: Should have let that buzzer go a little bit longer, uh?
Ewing: Okay. I will just -- well, a lot of this -- the capacity -- we would like to see some
additional landscape into these entryways. Originally, the road came here and it was all
landscaped. We have got smaller houses going in up next to us where we didn't before
and so we'd like to have some buffer between us, because we are planning on having
all bigger houses out there on the rim and so we'd like to have a buffer there. We would
-- that's basically it. I think that with -- we think it's a good project. We are really happy
to see somebody doing something right now. That's always a good thing when you go
through these bad times and I hope everything works for them. A lot of these issues we
Meridian City Council
September 28, 2010
Page 23 of 54
can talk to them about, but we wanted it on the record. Thank you and thank you for the
extra time.
de Weerd: Thank you. I appreciate your testimony. Council, any questions?
Bird: I have none.
Rountree: I have none.
de Weerd: Thank you.
Ewing: Thank you.
de Weerd: Rod Blackstead has signed up in favor of. Would you like to provide
testimony? Okay. Thank you so much. Is there anyone else who would like to provide
testimony on this application?
Wardle: Madam Mayor, Council Members. Mike Wardle. I office at 12601 West
Explorer Drive in Boise.
de Weerd: Thank you.
Wardle: Just to respond to Mr. Ewing's comments, there are not 277 new lots. We
have added 77 lots on parcels that had not previously been detailed in the original
platting process, so these are parcels that were identified in the approved
Comprehensive Plan or concept plan for the project, we just have put lots on them now
and so the numbers have actually not increased over what was ever anticipated, we just
have added some that would have come along at some point in the future, but these are
properties that the applicant has actually acquired through this property exchange
process. Jayker Way that Mr. Ewing spoke of, which does come to the north, actually,
enters their property at the only location that they can have a roadway extended in the
future to serve not the TICO properties, but the Aldape properties to the north. The
three acre parcel that he spoke to on the east -- northeasterly side of that alignment
actually has direct access to that residential collector. We have no development
between the two. So, we can work with them and, in fact, had talked with John's son to
possibly provide us with some of their engineering concepts, so we could do the mesh,
but we haven't seen that yet and we certainly will as we get down to the final platting
process in the future. So, I didn't -- didn't hear anything that was a real issue, but items
that we can work with them as they provide us information before we final plat those
properties in the future. Be happy to answer your questions if you have any.
de Weerd: Thank you. Council, any questions?
Rountree: Madam Mayor?
de Weerd: Mr. Rountree.
Meridian City Council
September 28, 2010
Page 24 of 54
Rountree: One of the points that Mr. Ewing brought up was -- another one of his was
the potential for a buffer or some kind of a break between the small lots and your
northern boundary adjacent to their -- three acre and six acre parcels that they
anticipate will be large lots, much like you developed along the rim.
Wardle: Madam Mayor, Council Member Rountree, I think the reality is that the buffer
will logically be provided by the character of the lots that they develop. There will
certainly be a lot of separation provided there, but a buffer on our side of that property
line would be almost lost and provide very little benefit for either side of that line. So,
mean we'd certainly be willing to talk with them about, you know, implications, but those
lots are not small, these are -- don't have the plat in front of me, but about 120 feet deep
and 80 feet wide, typically.
de Weerd: Any other questions?
Wardle: Thank you.
de Weerd: Thank you. Okay. Any further public testimony? Okay. I will ask the
applicant to wrap this up.
Turnbull: Madam Mayor, David Turnbull once again. I will wrap up very briefly. I would
point out in response to Mr. Ewing's concern -- see if I can erase some of this. Yeah.
That's pretty nice. This area right here, in the concept plan I think was designated for
some fairly higher density residential and we think that we have gone a long way in
providing -- these are significant -- significantly larger lots and we think that that
provides adequate transition and, then, the other area probably would be this area
along here. You know, all I could say is that if -- if I owned all of this property that they
have to, I wouldn't be doing this area any differently. We think that they are
harmonious. In fact, this area -- well, I'll go to green here. These are estate lots as well.
Smaller lots across the street maybe over here, but they don't require any transition,
they are, actually, quite large lots and we are talking homes that are fairly substantial.
So, I hope that that's not a concern. I think that we have made really good efforts to
consider their property and as Mr. Wardle said, you know, access both sides we have
provided here you can take direct access off of this collector road, too. So, I do believe
we have provided all of -- for all of those concerns. And I think that covered everything.
I stand for any further questions if you have anything.
de Weerd: Thank you. I think while we have you up here I will ask our Public Works
Department if you have any comment on condition 2.2.
Stewart: Thank you, Madam Mayor, Members of the Council. Yeah. We did want to
provide some additional information. It is our understanding, based on the written
request by the applicant, that they would like to delete condition 2.2 and the reason for
that or the ascertain for that was that the downstream issues with regards to the sewer
deficiencies have been resolved. In fact, they have not necessarily been resolved. The
Meridian City Council
September 28, 2010
Page 25 of 54
reason that -- however, that condition 2.2 was requested is -- as a condition of approval
for this preliminary plat really does not have a direct relationship to those who are
responsible for making those repairs or who isn't. The reason that we asked for that
condition to be in there -- originally we had met with the -- with the developer -- actually,
Mr. Blackstead, discussed with him the reason that we wanted to make that request and
that was to insure that not only the existing developer, as they move forward with this
project, but also any successive developer, if it were perhaps sold to another entity,
would be aware of the fact that there may be limitations on connections in the future,
because of downstream deficiencies. We recognize that these -- this developer may
not be responsible for those deficiencies and that's fine. The reason that it's there is
simply to provide notification to the owner and to any future owners that there may be
ramifications because of downstream deficiencies. We have also indicated to them that
as soon as those deficiencies are repaired we would be more than happy to issue a
letter saying that the conditions of 2.2 have been met and that it's no longer -- you know,
that it's been met and it's not going to affect them in the future. So, it's more -- you
know, we have been -- Public Works Department has been criticized a little bit in the
past for not providing adequate notification to both existing and potential buyers or
owners of a project of issues that may affect their ability to develop and that's the
reason we wanted to insure that condition 2.2 was in there to make sure that everybody
was adequately notified and informed.
de Weerd: Council, any clarification on -- on the discussion that's surrounding this?
Further comment from staff or Council for the applicant?
Rountree: Madam Mayor, I have another question for Warren. And the question is in
regard to the comment from Mr. Ewing about capacity and accommodation of future
development in the northern portion and the Aldape property.
Ewing: I have to admit I don't have the master plan in front of me, but I know that the
densities that are being requested I believe meet, you know, what was anticipated when
the city master plan was put together. Therefore, I -- I assume that we do have
capacity, but without -- I didn't come prepared with the specifics of that, but I don't
anticipate that there is any problem there with sewer capacity.
Stewart: And the water is not provided by City of Meridian.
Rountree: Thank you.
de Weerd: Any further comment?
Ewing: Thank you.
de Weerd: Thank you. Council, if there is no further questions for staff or the applicant,
do I have a motion to close?
Meridian City Council
September 28, 2010
Page 26 of 54
Rountree: Madam Mayor, before we close I -- I'm working on a question here, but I'll
give it a shot. It's for David and it relates to the request on condition 1.1.6 and that's the
community center would be constructed prior to -- and currently it's prior to -- or at -- the
kickoff is at 201 lots. You're requesting that it go to 351, which is just three short of the
354 residential lots you're proposing. You have indicated that you have worked out a
social membership with Spurwing golf course. My question is how iron clad is that
agreement with Spurwing and could you live with a condition that left the community
center at 202 as the kickoff point and would go into effect at such point in time as the
agreement with Spurwing golf course was vacated?
Turnbull: Madam Mayor, Councilman Rountree, the agreement with Spurwing country
club is in the form of a contract, so it -- that -- it's in a binding contract and we don't
anticipate that being removed, but I suppose if for some reason that went away -- Rod,
do you have any comment? It's a mutually beneficial arrangement, so -- I would
comment that -- again, I will repeat. We have doubled the open space requirement.
We have doubled the amenities required under the UDC. I believe we probably have
come into this -- it's almost like a community center is somehow a requirement, when
that's not a requirement under the UDC and I think that we probably could have come
into this hearing and asked -- asked due to the fact that we have so much common area
and we have so many common area amenities and said, like I said, we just spent
680,000 dollars building a tennis center. That seems to me to be a pretty substantial
amenity and we have added further amenities. So, I'm not quite certain why a
community center would be a requirement in the first place, but maybe you have a
different opinion on that. We intend to provide one. We have already moved that
schedule up by entering into our arrangement with Spurwing and so we would prefer
that the condition be adopted as we have requested. Did I answer your question?
Rountree: Not really.
Turnbull: Would you like further clarification?
Rountree: You answered the question with -- with a question. My question is if the 201
stayed as it exists in the current agreement and would only go into effect upon such
time as the agreements that you have established with Spurwing country club are
vacated, to me that, essentially, accomplishes what you want and a little bit more,
because at that point the community center would, essentially, go away, as long as the
contract stayed in place. And, by the way; it's not -- I agree it's not a requirement, but
it's something that was offered in the concept and has always been part of this project,
so by virtue of the fact that they have been married together, it's become a -- not
necessarily a given, but an understanding on the part of the folks that have heard about
this at Spurwing, the folks that have heard about this in previous hearings. So, by virtue
of the fact that it's been present it kind of has grown to be part of the project, so my
question was can you live with that kind of language in the agreement?
Turnbull: And I'm half of the equation and Mr. Anderson is the other half.
Meridian City Council
September 28, 2010
Page 27 of 54
Rountree: It's not that we don't trust you're doing a good thing. I have been here too
long, we have had too many promises and had way too many promises broken and we
are living with some consequences on this project of promises and performance that
have been broken and we are trying to pick the pieces up and move forward. So, not
just here, but in a whole lot of other places. On the bright side is let's do whatever we
got to do to get this thing rolling, because we are as happy to see you here as I think
you're happy to be here.
Turnbull: I appreciate those comments and I understand the stresses that the city deals
with. I would add that you have never had a promise broken by me.
Rountree: I will agree.
Turnbull: And I think that we have demonstrated tha
city and we -- in our projects we go the extra mile. Any
of a back and forth argument on this. I think that the
come in and offer something that he never could fulfill.
the kind of burdens that we put in on our homeowne
promise all sorts of amenities and I can even build tl
afford to maintain them, then, that becomes an issue
when the developer is out of the picture sometimes.
balance between being practical and being top notch
in this respect. I think the fact that Spurwing needed
with -- between our project and theirs, helps them c
wanted us as bad as we wanted them. We do have
our willingness to work with the
I I don't want to get into too much
previous developer probably did
I think we have to be practical in
s, because I as a developer can
em, but if the homeowners can't
that you, then, get to deal with
o, we try to strike a really healthy
end I think that we have done this
us and there was a natural tie in
ut a tremendous amount. They
it in contract form. I understand
what you're saying, Councilman Rountree, about if that thing ever did go away would we
agree to build the other facility at the 201st unit. And, I like said, Mr. Anderson is not
here and don't know if Rod can commit for him or not, so -- but I think you know who we
are and I think you know what we do. I would suggest that if that ever went away and
there was a demand for it out there, we would build it. I will tell you that on our
Paramount project we built the second pool and community center in 2007 and I had to
put on 33 additional lots to do it and spend -- I'm not going to tell you how much money
-- when I didn't need 33 more lots out there, but our community needed another pool
and we went ahead and made that investment. So, I guess I'm asking you to trust me a
little bit here and I -- you know, expectations I understand. Right now there is only two
homeowners out there, so I don't know how -- how widespread those expectations are.
We have got three more coming and they know what they are getting and so that's it.
You can do what you will, but you have my request.
Rountree: Thank you.
Turnbull: Thanks.
de Weerd: Mr. Zaremba.
Meridian City Council
September 28, 2010
Page 28 of 54
Zaremba: Madam Mayor, I wonder if it might solve a problem by phrasing it that the
community center should be constructed prior to the issuance of 351st building permit
or upon vacation or extinguishment of the agreement, whichever occurs first. Would
that cover the issue for Councilman Rountree?
de Weerd: Council, having been privy to some of the discussions going on in the
partnership that was formed, I share the opinion of the applicant that that's pretty solid
in their agreement with Spurwing and Ican't -- in fact, they are looking at --
Rountree: True.
de Weerd: -- at this as a real benefit for -- for their development as well.
Bird: Madam Mayor?
de Weerd: Mr. Bird.
Bird: The 351st don't bother me at all, because Ithink --Ithink Spurwing can certainly
take care of the agreement and probably are happy to have people extra using their
facilities and their restaurant and stuff. I don't -- I don't see any problem with it and
these developers have always done what they said they'd do. We have never had an
ounce of problem with either one of them.
de Weerd: Thank you. Anything further from Council?
Zaremba: Madam Mayor?
de Weerd: Yes, Mr. Zaremba.
Zaremba: I guess I would just throw in a comment on one of the other subjects and
that's the extended cul-de-sac. I understand the reasoning for the requirement in our
ordinance and that it was driven by the fire department. The applicant has spoken to
the fire department and said they don't have a problem in this instance. Ithink what
would make it an issue would be if there were 85 homes or 85 lots along this cul-de-sac.
If I'm counting correctly I see that they are large lots and it looks like there is only 12 of
them to me. So, I don't have a problem with the slightly extended cul-de-sac.
de Weerd: Thank you. Anything further from Council? Since there has been some
discussion, any final comment from the applicant? Okay. Yes. No. Yes. No. Yes.
No. Okay. Council?
Rountree: Madam Mayor, I have a question of Mr. Nary.
de Weerd: Okay.
Meridian City Council
September 28, 2010
Page 29 of 54
Rountree: And it's with respect to the request for the cul-de-sac variance. We don't
have a variance noted on the agenda, do we?
Nary: Item C.
Bird: Yeah, we do.
Rountree: Is it C? C? Oh. It's the third public hearing that we -- you opened both of
those? Okay. All right. Then I'm okay.
Bird: Madam Mayor?
de Weerd: Mr. Bird.
Bird: I guess we don't need anymore public testimony or input. I move we close Items
PP 10-001 and VAR 10-001.
Zaremba: Second.
de Weerd: I have a motion and a second to close the public hearings on Items 9-B and
C. All those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: THREE AYES. ONE ABSENT.
de Weerd: Do I have a motion?
Bird: Madam Mayor?
de Weerd: Mr. Bird.
Bird: Mr. Nary, on condition 1. -- 1.1.3 and 1.1.8, the PP application depends on that --
those two points depend on what we do with the variance and we got to pass the PP
before we do that variance. Am I reading that right?
Nary: Madam Mayor, Members of the Council, Mr. Bird, in the condition it does -- it is
conditioned upon the variance. It says --
Bird: Is that okay?
Nary: Yes.
Bird: Okay.
de Weerd: You guys are testing my patients, aren't you?
Bird: I'm trying to figure out how to do it right.
Meridian City Council
September 28, 2010
Page 30 of 54
de Weerd: Okay.
Rountree: Madam Mayor?
de Weerd: Mr. Rountree.
Rountree: I'll see if I can untangle this. I move that we approve -- I'm going to do this
out of order. That we approve the variance request for Item 9-C, VAR 10-001,
Spurwing Greens.
Zaremba: Second.
de Weerd: Mr. Nary, do we need to state reasons in approving a variance?
Nary: Well, Madam Mayor, Members of the Council, Iguess -- and, Council Member
Rountree, I'm a little curious, because you would be approving a variance for something
that's not even approved.
de Weerd: It's not a preliminary plat.
Nary: So, I didn't understand what your reasoning was for that.
Rountree: Well, because it's so interwoven that it made more sense to me that way, but
legally if it doesn't make any sense, Madam Mayor, I strike my motion.
de Weerd: Second agrees I'm sure.
Zaremba: It made sense to me, too, but I'll strike my second.
de Weerd: Mr. Nary, can you make a motion on both items to tie the two together?
Nary: Madam Mayor, Members of the Council -- Council, as long as you're clear that
you're voting to approve the plat with whatever conditions that you wish and that some
of those are predicated on the variance that you're also going to make in the same
motion, that will follow the approval of the plat, I think you're fine.
Rountree: Madam Mayor?
de Weerd: Mr. Rountree.
Rountree: I move that we approve the preliminary plat Item 9-B for Spurwing Greens
with the following conditions: Starting on the west side that the stub street
recommended by staff not be included, but the stub be as shown in the conceptual
graphic that we have before us now. On the eastern portion related to stub streets that
the stub street to the southern parcel on the east boundary remain as shown on the
Meridian City Council
September 28, 2010
Page 31 of 54
concept -- conceptual plat that we have before us. That condition 2.2.1 be modified and
not relate to the building permit, but that no occupancy permit would be issued until the
deficiencies are remedied. That condition 7.1.1 be as directed by -- as identified in
staffs comments. That condition 1.1.6 be modified to read the 354th building permit. I
don't see anybody giving me hand signals on anything more, so that's the end of my
motion, Madam Mayor.
Bird: Second.
de Weerd: I have a motion and a second. Any discussion on this item?
Okay. Seeing none, Madam Clerk, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, absent.
de Weerd: All ayes. Motion carried.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Bird: Now you can do the variance.
Rountree: Madam Mayor?
de Weerd: Mr. Rountree.
Rountree: Let me restate my previous motion that we move to approve the variance
request, Item 9-C, VAR 10-001.
Zaremba: Second.
de Weerd: I have a motion and a second to approve the variance on this item. Any
discussion? I have none, unless Bill wants stated reasons.
Canning: Madam Mayor, for --
de Weerd: Mr. Nary, do we need stated reasons?
Nary: I believe they are in the staff report, so as long as you're okay with those.
Canning: Madam Mayor, the recommendation. was for denial for staff. So, my --
clarification would -- staff would prepare new findings based on the fact that there are a
limited number of homes along the cul-de-sac. That fire department had no concerns
and the configuration of the parcel to the west would not make a stub street appropriate.
think -- I believe that's what I heard tonight.
Rountree: That's one more than I had, but that's good.
Meridian City Council
September 28, 2010
Page 32 of 54
Canning: Okay.
de Weerd: Okay. Thank you. If there is no further discussion, Madam Clerk, will you
call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, absent.
de Weerd: All ayes. Motion carried. Thank you.
MOTION CARRIED: THREE AYES. ONE ABSENT.
D. Public Hearing: RZ 10-001 for Fast Eddy's Ten Mile Station by
ST Investments Located Southeast Corner of N. Ten Mile Road
and W. Pine Avenue Request: Rezone of 5.90 acres from C-N
(Neighborhood Business) to C-C (Community Business)
Zoning District
E. Public Hearing: CUP 10-007 for Fast Eddy's Ten Mile Station
by ST Investments Located Southeast Corner of N. Ten Mile
Road and W. Pine Avenue Request: Conditional Use Permit for
a Fuel Sales Facility, Convenience Store with aDrive-Thru and
a Vehicle Washing Facility on Approximately 1.89 acres in a
proposed C-C (Community Business) Zoning District
de Weerd: Our next item is Item 9-D, a public hearing RZ 10-001 and a public hearing
on 9-E, CUP 10-007. I will open these two public hearings with staff comments.
Parsons: Thank you, Madam Mayor, Members of the Council. I would like to introduce
you to the design review of the night, it's a pleasure to bring that forward to you tonight.
On the application the site is located on the southwest corner -- or southeast corner of
North Ten Mile Road and West Pine Avenue. The applications before you tonight is for
a rezone of 5.9 acres from the C-N zoning district to the C-C zoning district and, then, a
CUP and design review approval for a fuel sales facility, convenience store, and vehicle
washing station on 1.89 acres. The history on this site -- this property came before you
in 2003. It was platted. Went though the PD process and platted as the Courtyards at
Ten Mile. At that time the applicant came forward with a concept plan for a fuel sales
facility, some multi-family living -- multi-family development. That portion of -- the R-15
portion, which was proposed to you back then has developed with multi-family
development. Since that time no other development has been proposed for the C-N
portion of the site. As I mentioned, there are three commercial lots before you that are
proposed with rezone. The only site -- the only portion that's proposed for development
tonight is the 1.89 southern commercial lot. Primarily the reason for the rezone is so
that the -- the applicant can operate the convenience store beyond the current
requirements of the ordinance for hours of operation. On the C-N zone right now the
ordinance hours of operation are to be limited between 6:00 a.m. and 10:00 p.m. The
future land use map does designate this site as a mixed use community, so the C-C
Meridian City Council
September 28, 2010
Page 33 of 54
zoning is appropriate. The quick history on some other C-store facilities that Council
has acted on. Those were predicated prior to the adoption of those standards in the
UDC. Planning and Zoning Commission typically would limit those hours of operation.
Because there is an appeal process in the ordinance, those would typically come
forward to you with the appeal of a Conditional Use Permit for you to act on those hour
of operation. Because this -- this application has come prior -- or post the adoption of
those hours of operation, the only appropriate mechanism to come forward or get those
hours of operation established for the applicant at this time is to rezone the property and
so that's what he has done. When we met with them we informed the applicant that
staff wouldn't be supportive of just rezoning one lot, we encouraged them to come in
and bring that whole corner in with a rezone application and they have agreed to do
that. Staff is recommending a development agreement with a rezone application. So,
moving on to the CUP application before you. The applicant is proposing roughly a
6,287 square foot convenience store with adrive-thru facility. That facility is not
proposed for any fast restaurants, it's merely drive-up for any patrons that may want to
order a gallon of milk -- it's really a convenience store drive-up, so you order off a menu,
say give me two gallons of milk, you get on your way and get on the street. It's
something new they want to try and they thought this would be the first he would try in
Meridian for that proposal. So, I wanted to put that out to you as well. The actual fuel
sale -- excuse me. The actual washing vehicle bay is located on the east end of the
property behind the convenience store. There are four bays proposed. With all of these
uses there are specific use standards that the applicant has to comply with in the UDC.
Given the fact that this -- the vehicle washing bay is approximately 18 feet from the
current C-N zoning district down near the R-15 zoning boundary, those facilities have to
be enclosed. The UDC as written requires any vehicle washing station within a hundred
foot of a residential district has to be fully enclosed from that district. Keep in mind with
the rezone application that the rezone boundary would move to the center line of the
adjacent local street on the eastern boundary, so the actual separation will -- rather than
being 13 feet will actually become 40 feet. They are within that hundred foot
requirement. I would point out that the actual facility itself is approximately 120 feet
from the actual living quarters of the multi-family adjacent to this site, so following that
distance from that site it's just because of the zoning district boundary and the way it's
written in the code, they had to impose those three bays to comply with the ordinance
and they have done that. So, speaking in favor of -- excuse me. Commission --
Planning and Zoning Commission recommended approval at their April 19th hearing.
The applicant spoke in favor, that's Steve Eddy. No one spoke in opposition. Staff has
not received any additional testimony since the P&Z Commission. Primarily the only
items of discussion at the Planning and Zoning Commission was that hour's operation.
Planning and Zoning Commission, typically, as I mentioned to you earlier, had limited
hours of operation on these types of facilities, particularly when they are adjacent to
residential districts. In this particular application staff has not received any comments or
calls from any of the adjacent homeowners, so there doesn't seem to be any concern
for the proposed use that's planned for this site. Here is the landscape plan that they
have proposed. Again, that complies with ordinance. It meets design review standards
the applicant is proposing. Because there is a mixed use designation on the site the
applicant is proposing outdoor seating and patio area for front and back, which is a nice
Meridian City Council
September 28, 2010
Page 34 of 54
feature and consistent with the UDC and the design manual. And also the applicant has
gone far and above and beyond on the elevations as well for the proposed convenience
store and fuel sales -- washing bays as well. Again, there are no outstanding issues
before you this evening and I'd stand for any questions Council may have of me.
de Weerd: Thank you. Council, any questions?
Bird: I have none, Mayor.
Rountree: No.
de Weerd: Okay. Is the applicant here this evening? Thank you. We just thought you
were here for the fun of it.
Eddy: I'm just here hanging out. Madam Mayor, Members of the Council, my name is
Steve Eddy, 770 West Ustick, and I guess to speed things up, I'm just here to answer
any questions, if you have any questions. I think we are going to try to build afirst-class
establishment there. I think we -- what Bill said. Bill's been great. He went above and
beyond and we are excited to get going.
de Weerd: Well, I think you have established that with your development you already
have. Council, any questions for the applicant?
Bird: I have none.
Rountree: No.
Bird: Just appreciate what he's got out there.
de Weerd: Thank you.
Eddy: Thanks.
de Weerd: You could introduce your partner there.
Eddy: As you know, we sold out six years ago and -- to spend time with this young
man. This is my son Zach Eddy. And we are getting back in, because he's showing a
lot of interest in the business and coming back around and I mean right now we are
looking at our sites and they are all in Meridian.
de Weerd: Very good. Well, nice to meet you, Zach. Now, are you still in high school?
Z.Eddy: No. I graduated last year.
de Weerd: You graduated last year. So, what are you doing now?
Meridian City Council
September 28, 2010
Page 35 of 54
Z.Eddy: Working.
de Weerd: He put you right to work, uh? Well, very good. Well, it's nice meeting you
and thank you for joining us this evening. This is a public hearing. Is there anyone who
would like to provide testimony on this application? Okay. Anything further from staff?
Or, Council, anything further? I would entertain a motion to close.
Rountree: Madam Mayor.
Bird: Madam Mayor?
de Weerd: Mr. Bird.
Bird: I move we close the public hearings on RZ 10-001 and CUP 10-007.
Rountree: Second.
de Weerd: I have a motion and a second to close the public hearings on Items 9-D and
E. All those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Bird: Madam Mayor?
de Weerd: Mr. Bird.
Bird: Hearing no more discussion, I move we approve RZ 10-001, Fast Eddy's Ten Mile
Station, and to include staff and applicant comments.
Rountree: Second.
de Weerd: I have a motion and a second to approve Item 9-D. If there is no discussion,
Madam Clerk, will you, please, call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, absent.
de Weerd: All ayes. Motion carried.
MOTION CARRIED: THREE AYES. ONE ABSENT
Bird: Madam Mayor?
de Weerd: Mr. Bird.
Bird: I move we approve CUP 10-007 with applicant and staff comments.
Meridian City Council
September 28, 2010
Page 36 of 54
Rountree: Second.
de Weerd: I have a motion and a second to approve Item 9-E. If there is no discussion,
Council, Madam Clerk, will you, please, call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, absent.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: THREE AYES. ONE ABSENT.
F. Public Hearing: TE 10-020 for Centre Point Subdivision No. 2
by Blue Marlin Investments, LLC Located on the Northwest
Corner of East Ustick Road and North Eagle Road Request: 18-
Month Time Extension to Obtain the City Engineer's Signature
on the Final Plat
de Weerd: Thank you so much for joining us this evening. It's been awhile. Okay.
Next item is 9-F, public hearing on TE 10-020. I will ask for staff comments at this time.
Canning: Madam Mayor, Members of the Council, this is a preliminary plat time
extension for Centre Point Subdivision No. 2. That subdivision was approved by
Council on February 27th, 2007, and Council granted an 18 month -- or, I'm sorry, staff
granted the first 18 month time extension to obtain the city engineer's signature on the
final plat and that was approved on November 4th, 2008, and expired on August 27th,
2010, and, then, a final plat application was approved by City Council on May 15th,
2007, but has not yet received the city engineer's signature as required by the UDC.
So, the request before you tonight is for a second 18 month time extension for the
preliminary plat to obtain the city engineer's signature on the final plat for Centre Point
Subdivision No. 2. Staffs recommendation is for approval and staff is not
recommending any new conditions at this time. To our knowledge there are no
outstanding issues before Council. We have received a letter of agreement from the
applicant Jonathan Seal stating that they are in agreement with the staff report. Mr.
Seal was here. I didn't feel that it was necessary that he wait any longer. That was
completely my responsibility. If you had preferred him to be here I take responsibility for
that, but we didn't know how long that last hearing was going to go, so, really, I don't
believe there are any outstanding issues that can't -- that staff can't address for you, but
did want to take accountability right up front for Mr. Seal.
de Weerd: Council, any questions for the staff?
Rountree: I have none.
Bird: I have none.
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September 28, 2010
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de Weerd: Or any needed items from the applicant that you haven't heard from staff
already?
Rountree: No.
de Weerd: This is a public hearing. Is there any members of the public who would like
to provide testimony? Okay. Thank you.
Rountree: Madam Mayor?
de Weerd: Mr. Rountree.
Rountree: I move that we close the hearing on Item 9-F.
Bird: Second.
de Weerd: I have a motion and a second to approve Item 9-F. All those in favor --
oops.
Rountree: Close the hearing.
de Weerd: Sorry. Close the public hearing. All those in favor say aye. All ayes.
Motion carried.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Rountree: Madam Mayor?
de Weerd: Yes.
Rountree: Now, I move that we approve Item 9- F for Centre Point Subdivision.
Bird: Second.
de Weerd: I have a motion and a second to approve Item 9-E. If there is no discussion,
Madam Clerk, roll call, please.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, absent.
de Weerd: All ayes. Motion carried.
MOTION CARRIED: THREE AYES. ONE ABSENT.
G. Public Hearing: TE 10-019 for Seyam Subdivision by Ronald
Van Auker Located North Side of E. Franklin Road,
Approximately 1,200 Feet east of N. Eagle Road Request: 18-
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September 28, 2010
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Month Time Extension to Obtain the City Engineer's Signature
on the Final Plat
de Weerd: Item 9-G is a public hearing on TE 10-019. I will ask for staff comments at
this time.
Canning: Madam Mayor, Members of the Council, this is a preliminary plat time
extension for Seyam Subdivision. The site is located on the northwest corner of Ustick
Road and Eagle Road. The preliminary plat for Seyam Subdivision was approved by
Council on January 9th, 2007. The director granted an 18 month time extension and a
final plat application for Seyam Subdivision was approved by Council on January 26th,
2010, but has not yet received the city engineer's signature on the final plat. So, the
request before you tonight is for a second 18 month time extension for the preliminary
plat to obtain the city engineer's signature on the final plat for Seyam Subdivision.
Again, staff is recommending approval and staff is not recommending any new
conditions of approval with the subject time extension. To our knowledge there are no
outstanding issues before City Council and we have received written testimony from
Ron Van Auker, Junior, stating he's in agreement with the conditions of approval. Mr.
Van Auker could not be here tonight. We did advise him that we thought it was okay,
that staff could handle any questions that came up.
de Weerd: Okay. Any questions, Council?
Rountree: I have none.
Bird: None.
de Weerd: Okay. Is there any member of the public who would like to provide
testimony on this application?
Bird: Madam Mayor?
de Weerd: Mr. Bird.
Bird: I move we close the public hearing on TE 10-019.
Rountree: Second.
de Weerd: I have a motion and a second to close the public hearing on this item. All
those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Bird: Madam Mayor?
de Weerd: Mr. Bird.
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September 28, 2010
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Bird: I move we approve TE 10-019.
Rountree: Second.
de Weerd: I have a motion and a second to approve the time extension for Item 9-G. If
there is no discussion, Madam Clerk.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, absent.
de Weerd: All ayes. Motion carried.
MOTION CARRIED: THREE AYES. ONE ABSENT.
H. Public Hearing: VAC 10-006 for Spring Creek by Douglas
Clegg Located at 3165 N. Meridian Road Request: Vacate an
Existing Irrigation Easement on the Site
de Weerd: Item 9-H has been requested to continue to the next available meeting,
which it would be next week.
Zaremba: Madam Mayor?
de Weerd: Yes, Mr. Zaremba.
Zaremba: I move we continue VAC 10-006 to our regularly scheduled meeting of
October 5th, 2010.
Rountree: Second.
de Weerd: For the record, I did open the public hearing on VAC 10-006 and it has been
moved to continue to our next meeting on October 5th. All those in favor say aye. All
ayes. Motion carried.
MOTION CARRIED: THREE AYES. ONE ABSENT.
I. FP 10-007 for Commercial North by Brighton Properties, LLC
Located East Side of North Linder Road, Approximately 1/4
Mile North of West McMillan Road Request: Final Plat Approval
for One (1) Commercial Lot on Approximately 1.48 Acres in a
C-G (General Retail and Service Commercial) Zoning District
de Weerd: Okay. Item 9-I is FP 10-007. I will ask for staff comments at this time.
Parsons: Thank you, Madam Mayor, Members of the Council. The subject site is
located on the east side of Linder Road, north of McMillan Road. This is a final plat
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September 28, 2010
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application for one commercial lot with the extension of a public street. If you recall,
back in 2009, aself-service facility was before Planning and Zoning Commission just
north of this and in order to facilitate that cross-access and provide a local street, the
applicant had to come in and talk about a condition with the staff report. To staffs
knowledge there is no outstanding uses before you and with that I'd stand for any
questions you may have.
de Weerd: Thank you, Bill. Any questions for Council?
Bird: I have none.
Rountree: I have none.
de Weerd: Okay. Is this a public hearing?
Rountree: Yes. No.
de Weerd: Okay. I would ask if there anyone who would like to comment on this item?
Okay.
Rountree: Madam Mayor?
de Weerd: Mr. Rountree.
Rountree: I move that we approve Item 9-I, FP 10-007.
Bird: Second.
de Weerd: I have a motion and a second to approve Item 9-I. If there is no discussion,
Madam Clerk, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, absent.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: THREE AYES. ONE ABSENT.
J. Public Hearing: CPAT 10-001 by City of Meridian Planning
Department Request: Amend the Text of the Comprehensive
Plan Pertaining to the Mixed Use Land Use Designations
Contained in Chapter VII
de Weerd: Item 9-J is a public hearing on CPAT 10-001. I will ask for staff comments
at this time.
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September 28, 2010
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Hood: Thank you, Madam Mayor, Members of the Council. I am here this evening to
give a quick outline for CPAT 10-001. The application requests to amend the text of the
Comprehensive Plan. All the proposed changes are in Chapter 7, between pages 100
and 107 of the city's comp plan. Essentially, what we are -- the planning department is
proposing is to update the definitions of the mixed use categories contained in the plan.
Staff has heard and had first-hand experience with the current definitions and we think
there is some room for some improvement to those, so we have proposed a new guide
for development in the mixed use categories. The changes we have drafted, we drafted
in house and solicited input from developers, property owners, real estate agents and
went to the BCA and developer's council on April 13th and solicited comments.
Thought Mr. Wardle may hang around, because he was, actually, one of the ones that
provided us comments and David Turnbull, but I think maybe that speaks that he
walked out when this item was coming up. We worked with them pretty closely on
putting this application together. But, anyhow, staff believes that the proposed changes
to the mixed use definitions in the text, again, does a better job of guiding developers,
staff, decision makers, it just makes it clearer on what the visions are for those mixed
use areas. The text changes proposed within the application are both in content and
format of the plan, because of the mixed use regional, the mixed use nonresidential and
mixed use interchange definitions were amended within the past couple of years, most
of the existing texts in those sections were kept intact. Primarily those were just
modified for consistency sake in the text. But the substantive portion of those areas
didn't change substantiality. The most significant changes are proposed to the general
mixed use and the neighborhood center definitions and the mixed use neighborhood
and mixed use community definition. Again, staff tried to organize them to make it more
user friendly. I will note we had some figures in there right now that are kind of place
holders. As we get the new comp plan formatted Will Thornton has -- is working on
doing some customized graphics that are similar to the one that's on the one
PowerPoint that we have proposed or on the overhead tonight, but those are
forthcoming. One of the -- one of the comments that staff did receive early on, again,
from Brighton was a request for a mixed use matrix that could compliment the text.
That was before we fine tuned and have the text that you see before you now in its
current version. However, there may be some usefulness still to putting a matrix
together. We will look at that. It wouldn't be part of the text itself, at least as envisioned,
but maybe a handout over the counter that we could give to folks to just kind of
supplement the text. Another change I'd just like to call out is from the Planning and
Zoning Commission. They would like to also exclude schools from the square footage
limitations. That was one of the requests that Brighton had. If we had a neighbor
grocer go into some of these, that seems to be an appropriate use that oftentimes
needs a larger square footage, so they excluded neighborhood grocers as they tend to
be neighborhood serving. Same with schools. So, the Planning and Zoning
Commission recommendation -- excluding schools from the square footage cap. I have
not received any other comment, know of no other comments again since this went out,
but I will stand for any questions. We appreciate your consideration.
de Weerd: Thank you, Caleb. Any questions from Council?
Meridian City Council
September 28, 2010
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Rountree: I have none.
Bird: I have none.
Zaremba: Madam Mayor?
de Weerd: Yes.
Zaremba: Can we make any distinction between public schools or private schools when
we do or don't allow the size limit to change?
Hood: Madam Mayor, Councilman Zaremba, I don't know if that was directed at me or
the rest of the Council. Certainly you can.
Zaremba: I guess it's directed at everybody, including Mr. Nary and you.
Hood: I'll let you know that the Commission had that same discussion. I think where
they ended up was most private schools don't tend to be that large. A 40,000 square
foot private school just seemed -- they couldn't really fathom that, so they thought, well,
don't know that we need to put in the distinction, because that just didn't seem to be --
we couldn't think of any that were out there that were that large, so --
Zaremba: Okay.
de Weerd: Okay. Any other comments? Thank you.
Hood: Thank you.
de Weerd: Is there any member of the public who would like to comment on this item?
Okay. Council?
Canning: Madam Mayor, Members of the Council, if I could comment on Mr. Zaremba's
question -- Councilman Zaremba's question. Our zoning ordinance doesn't distinguish
between the two, but it may be appropriate, given that a public school does serve the
surrounding community. A private school of that size would be serving a much larger
geographical area. So, it wouldn't be neighborhood serving, it would be almost regional
serving. I suspect Cole Christian is that large over here and they -- you know, that's --
that's not a local school. So, it may be appropriate to make that distinction.
Zaremba: Madam Mayor?
de Weerd: Yes.
Zaremba: And there are other kinds of private schools, I guess. I'm thinking of the
University of Phoenix, their building is probably considerably larger. I almost hope that
schools like that grow. That may not be appropriate in the mixed use neighborhood
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September 28, 2010
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setting that we are talking about. So, I guess I would propose that we make the
distinction that public schools are not limited. To other people --
Bird: Yeah.
Rountree: Good suggestion.
Bird: I think it's a good idea.
Zaremba: And with that l move we close the public hearing on CPAT 10-001.
Rountree: Second.
de Weerd: I have a motion and a second to close the public hearing on this item. All
those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Zaremba: Madam Mayor?
de Weerd: Mr. Zaremba.
Zaremba: I move we approve CPAT 10-001 with the additional amendment to include
the change of limitation on schools is for public schools.
Rountree: Second.
de Weerd: I have a motion and a second to approve Item 9-J with the change as noted.
Or with the addition as noted. Any discussion? Madam Clerk, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, absent.
de Weerd: All ayes. Motion carried.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 10: Continued Department Reports
A. Mayor's Office: Resolution No. 10-744: A Resolution of the
Mayor and the City Council of Meridian Appointing Dr. Bruce
Gestrin from Joint School District No. 2, John Wasson from
Ada County Highway District, and Faye Gabriel as
Commissioners of the Meridian Traffic Safety Commission
de Weerd: Thank you, Caleb. Okay. Under Item 10, Council, you do have two
resolutions in front of you to appoint and reappointed members to these two
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September 28, 2010
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commissions. I will be bringing another citizen name for you regarding the solid waste
advisory commission next week, but would ask for your approval of these two
resolutions for the citizen and partner appointments.
Bird: Madam Mayor?
de Weerd: Mr. Bird.
Bird: I move we approve resolution 10-744, a resolution of the Mayor and City Council
appointing Dr. Bruce Gestrin, John Wasson, and Faye Gabriel to the Meridian Traffic
Safety Commission.
Zaremba: Second.
de Weerd: I have a motion and a second to approve Item 10-A on Resolution 10-744.
If there is no discussion, Madam Clerk.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, absent.
de Weerd: All ayes. Motion carried.
MOTION CARRIED: THREE AYES. ONE ABSENT.
B. Mayor's Office: Resolution No. 10-745: A Resolution of the
Mayor and City Council of the City of Meridian Appointing
Members to the Solid Waste Advisory Commission
de Weerd: Item 10-B. Any question on that?
Bird: Madam Mayor?
de Weerd: Mr. Bird.
Bird: I move we approve Resolution 10-745 regarding appointing members to the Solid
Waste Advisory Commission.
Rountree: Second.
Zaremba: Second.
de Weerd: I have a motion and a second to approve Item 10-B. Is there any
discussion? Madam Clerk.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, absent.
de Weerd: All ayes. Motion carried.
Meridian City Council
September 28, 2010
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MOTION CARRIED: THREE AYES. ONE ABSENT.
C. Planning Department: Priority Transportation Projects -City
Council Endorsement of Priority Roadway, Intersection,
Sidewalk, and Pathway Projects to Send to the Transportation
Agencies in Ada County
de Weerd: Item 10-C is our Planning Department. I will turn this back over to Caleb.
Hood: Thank you, Madam Mayor, Members of the Council. I'm back for, hopefully, the
last time to talk with you about priorities for this year. This shouldn't take too much time,
won't beat it any harder than we need to, but it is time to send the final list or get ready
to send the final list over to the transportation agencies. On September 16th the
Transportation Task Force met again and the members discussed and finalized their
recommendation to you all on the priorities for 2010. I have drafted a letter since we
pretty much finalized the community programs list last time, two weeks ago when I was
here, and I do have that and I will give that to the clerk for the Mayor to sign. But I just
wanted to make sure that everything in the memo that was prepared, dated the 23rd
from me to you is -- looks in order and, then, call out one thing that came up at our last
meeting and did a little more digging into and that is the Linder Road -Divide Creek gap
in the sidewalk that -- just north of the Brighton development, in between Rocky
Mountain and Walgreens and I think they have some storage units that are going in
there and there is a gap in the sidewalk there and we are all pretty confident that the
developer said they would put that piece of sidewalk in. That piece of sidewalk is in.
The request, as I understand it, was actually the school district wants to see a separate
crosswalk put in there, one of the HAWK signals, just a ped crossing there. We vetted
that through the task force and the traffic safety commission, actually. The members
there thought that's so close to the intersection of McMillan, putting another signal that
close to kids -- you know, if they need to cross they can walk down -- it is down and
around, so you're still likely to get some folks -- some kids jay-walking or crossing there,
so -- but you have got a signal at Cayuse Creek and a signal or at least a protected
area at McMillan. So, putting something that close to McMillan, at least from the traffic
safety standpoint, didn't seem to be something they fully could get behind anyways. So,
that was really the request from the school district. So, I'd propose that we not submit
an application for that one, but if you want to support the school district and you do think
that's a feasible project, I can also put out an application for that project. So, that one is
number 25, Linder to Divide Creek. Again, the gap is there. It would be for a pedestrian
crossing or a HAWK signal. So, I just wanted to kind of close the gap -- or the loop on
that since we discussed that last time. So, with that I'm going to move on, unless there
are any other comments on the community program stuff. So, moving on, then, to
roadways and intersections. Again, during the September 16th meeting the task force
made no changes to the roadway priorities that you looked at a couple of weeks ago.
There were some changes to the intersection priorities. What the task force did was
move all the state intersections along Chinden Boulevard to the bottom of our priority list
and the intersections -- and that -- what that, basically, did was move the intersections
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September 28, 2010
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on Black Cat up those four and five spaces or slots in the priority list. The thinking was
that the state intersections don't score well at ACHD, they are not likely to do anything
with them anyway, so some that is a little bit gaming the system, so it doesn't really truly
reflect our priorities for some of the intersections, but as far as our audience -- we are
sending this to ACHD, a lot of those intersections they aren't going to do anything with.
They are working with the developer at Linder and Chinden and I think they, actually,
last Wednesday agreed to enter into an agreement for one of the developers on the
Eagle side to construct that intersection early. But a lot of the other intersections on
Chinden, the district really is kind of pushing back or looking for more partnerships from
IT on some of those intersections. So, that's kind of what happened there. Additionally,
all of the intersections in north Meridian were added to the list. That's something that
Councilman Rountree asked that we look at. None of them were added to the list,
higher up the list or the middle part of the list, but they are on the list, so we can look at
them in the upcoming years as well and move them up as needs arise. So, if you have
any other comments or -- you've had a couple weeks now to kind of think about the
priority list, so if we can maybe do the roadways and see if there is anything you want to
change around in the roadways and, then, I have a couple of other comments in the
intersections portion. But if there are any other roadway priorities you want to jostle
around, I'm prepared to write down if you want to vote, too, there is not a consensus of
where a project should be, but if not I will move onto intersections, so --
de Weerd: Thank you. Council, any comments or any changes desired?
Zaremba: Fine so far.
de Weerd: So far so good, Caleb.
Hood: Okay. I'll keep rolling. Intersection priorities. I mentioned some of the changes.
I wanted to -- before I go into the priorities just you give quickly one of the priorities that
we are taking off of the list for this year, the McMillan -Locust Grove project on the 90
day bid list at ACHD, so that will be bid here, fingers crossed within the next few
months. Also on the 90 day bid list is the Ten Mile project between I-84 and the
realigned Overland. So, those projects are, again, going out to bid here this fall, so
just wanted to quickly highlight that. I did mention moving all the Chinden intersections
down. Still the most important one there is Ten Mile -Chinden certainly, so -- and the
thought with moving those, again, is the audience. So, what we will talk about, finally, is
the ITD priority list and the transportation task force -- we didn't vote on it or have any
consensus motion on it, but maybe some discussion by the Council if you think it's a
good idea to just call out, you know, maybe rather than right now we have US 20-26 for
seven miles, if we maybe bite off smaller chunks and list individual intersections for the
state, maybe we gain some traction that way. So, that was a thought. I was adding
those also to the list that we send over to ITD. So, if you could hold that thought maybe
we will get through ACHD intersections first and, then, jump to that. I did mention last
time that ACHD is shaking up their priority system. Part of that is the narratives that
they are asking each city to submit for a handful of their projects that maybe don't score
well or maybe there is some additional reasons why it's a top priority or even a middle
Meridian City Council
September 28, 2010
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priority for a city, that aren't part of their technical criteria, so something in the memo or
that has been talked about, if there is economic development reasons for it at the city
level, if it's on a VRT bus route, if the city has infrastructure planned, so it's in Public
Works capital improvements plan or something like that. Or if there is any matching or
partnership funds, those are all things that can get you bonus points at ACHD with
these projects, so we talked about that as a task force. We threw out a couple of
projects, split corridor phase two for many of those reasons and the Linder Road
overpass project, both seemed to have some other factors that aren't quite caught in
just their technical criteria. I would also propose to you -- and this isn't from a task
force, just for myself, but Ten Mile, Ustick to McMillan, also I think we can build on our
letter to ACHD last year and just the Ten Mile corridor, I think there is some good
justification, maybe, for some bonus points. It's currently our number eight project, but
could be one that I prepare a narrative for and could potentially get some bonus points
for. Another intersection, potentially, would be Locust Grove and Victory. That one is
unfunded in the five year work plan right now, so to get it in the program -- it's our
number five intersection right now. That would be another one where I could see writing
a narrative on just within the overpass and, then, it necks down there right by the high
school and that intersection certainly needs some work and they are aware of that and I
think maybe just some bonus points for that one. So, anyway, there is four that I have
kind of identified with task force help, but certainly I'm open to any others where you
think maybe we could bump or give some bonus points to or call up some additional
justification. So, are there any -- do those sound good, do those sound bad, are there
any other ones -- I'd like to limit it to five or six max. They are scoring -- they will
guarantee that they will score three. They can score a couple more, but it has to be a
vote of the CIC to say, yeah, we will score a couple more for that jurisdiction, so -- so,
with that I guess I will ask for any feedback that you have on applications that Ishould --
or projects that I should prepare applications for.
de Weerd: Thank you, Caleb. Council, any comments?
Bird: I have none.
Rountree: Caleb, just on the intersections, Black Cat and Cherry is going to become a
problem, if it isn't already from a safety standpoint, because you have got -- you have
got multi-lanes on two sides and just three lanes on the other two sides and when you
have got two cars southbound and three cars westbound and three cars eastbound and
two cars northbound and -- it can get real confusing and as the volumes pick up out
there -- and they will once Ten Mile opens up, that's -- I think, Scott, you guys are going
to have a lot of fun out there. So, I would say that one is probably in anticipation of
some real safety issues might be one you want to write about.
Hood: Madam Mayor, Councilman Rountree, I can definitely add it to the list. That
would make five. I will also just let you know that was something we talked about at
traffic safety last week. So, ACHD is going to put in some additional lighting, just so you
know, because at nighttime it's dark and, then, you have all the lanes, so they are going
to put up some lights to help that out. And look at striping the -- so, at least if you're
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September 28, 2010
Page 48 of 54
westbound on Cherry, say, so you don't -- it doesn't come down into one lane right
away, you would at least have a little bit more time to merge in. So, they are aware of it.
Citizens are aware of it. I got another, you know, hey, it's -- it's a hazard out there, you
don't know who has the right of way, we are all coming to a stop and so they are aware
of it. I can put a narrative together. So, the wheels are already turning on that one, so
-- any other comments that way?
De Weerd: No.
Hood: Okay. So, I think one of the last things is just as I prepared -- again, I have got
the one done for community programs, as we send our letter to ACHD with these list of
projects. You know, last year we talked about intersections, how we thought
intersections you should maybe tip the pendulum a little bit more towards intersections,
rather than roadways. You can get a little more congestion relief. Didn't know if the
Council, again, wanted to -- had any points or observations or comments or thank you
or anything that we want to put into a letter as we attach these priority lists over to the
highway district, so certainly I can do some of that, but if there is any specific points you
want me to make, I can take notes now and we can make that part of our -- our request
list or a cover letter for our priorities, so --
de Weerd: Okay. It doesn't look like it.
Hood: Certainly we will thank them, again, for all the stuff they do in Meridian and -- as
we ask for more. So, I would move on, then, to the ITD projects. I stated earlier adding
some more right now -- we have five and we talked about this last -- last time, too. The
five priority projects on the state system, Meridian Road interchange rebuild, one.
Widen 20-26, two. Linder Road overpass, three. Eagle Road corridor improvement,
four. And State Highway 16, five. So, that's the list of priorities that the task force
recommended. Again, although we could break those into smaller segments or
intersections on -- on Chinden or Eagle Road to -- just as an option, so I guess I'm clay
if you want to mold that any way or we can just go with the five we did last year. Again,
the only change is we flip-flopped 20-26 and Linder Road overpass, so -- and I will
answer a question, because that came up on why -- why they decided to flip-flop it and
got a little clarification from the task force. Just the volumes on 26, it's an issue today,
where Linder Road overpass is something that's alittle -- you know, they certainly liken
it to a Locust Grove and how well that's helped out traffic flow on Eagle and Meridian
Road and can see that being of benefit, but just with what's going on at 20-26 now, that
seemed to be the higher priority for the task force, so, hopefully, that answers the
question from last time. Any comments on the state priorities?
de Weerd: Good.
Rountree: Go with them.
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September 28, 2010
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Hood: Okay. Sorry to take so much of your time, then, tonight and I'm glad you didn't
have a lot of comments, but if anything ever comes up you know where I'm at, so thank
you for your time.
de Weerd: Well, we certainly appreciate the time and attention that you have given this,
Caleb. You have done a stellar job, as has our transportation task force.
Hood: Thank you.
Zaremba: Madam Mayor?
de Weerd: Mr. Zaremba.
Zaremba: I was just going to comment that the lack of comment speaks to how well you
have it organized and you have prepared us for this, so thank you.
Hood: Thank you.
de Weerd: You're getting good at that mind reading stuff. It's kind of scary. Okay.
Council, I do believe that we need a motion on this item.
Zaremba: Madam Mayor?
de Weerd: Mr. Zaremba.
Zaremba: I move that we authorize Caleb to forward these priorities to the appropriate
transportation agencies, ACHD and ITD and probably with copies to COMPASS.
Hood: VRT.
de Weerd: Yes.
Rountree: Second.
de Weerd: I have a motion and a second. Any discussion? Madam Clerk, will you call
roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, absent.
de Weerd: All ayes. Motion carries.
MOTION CARRIED: THREE AYES. ONE ABSENT.
D. Public Works: Water Conservation Plan Development
de Weerd: Item 10-D is our Public Works Department. Turn this over to Kyle.
Meridian City Council
September 28, 2010
Page 50 of 54
Radek: Madam Mayor, Council Members, thank you. I have a brief informational
briefing to give you and, then, an opportunity for you to give us some comments and
guidance on one of the items that we are moving forward with on our water master plan,
which is a conservation plan, a formal conservation plan, which we had never had
before. Madam Mayor, I believe you and Mr. Zaremba have seen one or two of these
slides before in our water workshop, but for the benefit of everybody who hasn't seen
them, we did have in 1993 -- in summer of 1993 we had kind of an emergency
conservation plan, which was really because we couldn't pump enough water. We
didn't have the infrastructure and we needed people to conserve just because we hadn't
added the infrastructure, but our -- the concept of our conservation plan at this point is
that we want to protect our -- and preserve our resource that we have and we have the
additional benefits of it may save us money in the long run and we may have to build --
if we conserve water we may have to build five wells instead of ten wells in the next 20
years and we may actually be able to enable additional growth if we can use our
resource more wisely, so there is added benefits to doing that. The basic elements of
the conservation plan -- a lot of them are found in the water master plan. We describe
the area, we describe historic use and the system. We look at current conservation
measures and potential conservation measures and recommend a plan. But what I
want to talk to you about tonight is that we envision bringing in a working group to help
us with objectives, goals, and proposed measures that can be implemented to enable
whatever conservation we -- the working group finds appropriate and, then, recommend
that to Council for adoption. So, we wanted to give you the opportunity to weigh in and
provide guidance and comments. We envision a working group composed of staff to
lead the group and some commercial water customers. We are looking at some of our,
you know, major consumers, water parks, golf courses, car washes, hotels, that kind,
and, then, interested residential customers as well. You may be looking at a little bit of
eye candy that I have on that slide there for you. I like to throw in something besides
words, just so you don't get too bored. That's a --
de Weerd: I have never heard a graph described as eye candy.
Radek: Well, maybe to -- engineers would definitely call that eye candy, Madam Mayor.
de Weerd: Oh, yeah. Considering the source. I'm sorry.
Radek: Maybe not so much for -- for the general public, but that's a graph of our
maximum day this year, just for your information, and that was -- that's about 17 million
gallons on July 26th, which is -- as you can imagine, a little less than our maximum day
previous couple years, because we had kind of a cool summer. So, that's really the --
what Iwanted to let you know what we were doing and what our vision was on this
conservation plan and open it up for some comments and opportunity for you to give me
some guidance on it.
de Weerd: Okay. Thank you, Kyle. Council, any comments?
Meridian City Council
September 28, 2010
Page 51 of 54
Bird: I have none.
Rountree: Madam Mayor and Kyle, do you envision programs such as reduced flow
shower heads and those kinds of things that I have seen in other communities over the
years?
Radek: Yes, Councilman Rountree. We have, essentially, a list of all kinds of
conservation measures that can be implemented by the Public Works Department, they
can be implemented by customers that can be encouraged by the Public Works
Department, incentive programs for what you talked about, low flow shower heads, low
flow toilets, rebate programs, all kinds of stuff like that and we'd like to -- we'd like to see
from the customers what kind of things they would like to see and what kind of things
they think are appropriate. I know people view conservation in a lot of different ways
and one -- one important thing is if you conserve water you -- you lose revenue, so --
so, there is a lot of different angles we -- we will see it from and we'd like to consider just
about everything.
Rountree: My only other comment is that I think it's something we should be doing and
glad we are moving forward with it.
Radek: Thank you very much.
Zaremba: Madam Mayor?
de Weerd: Mr. Zaremba.
Zaremba: I agree with that. I think this is a very important thing to get ahead of, having
lived in other communities that got into problems. I think this was a wise move to make
and make plans. Just as a side comment, Coffee With The Mayor this morning was at
Wahooz and the same owners own the water park next door and I overheard one of
them talking about as the season ends they leave all the water in their -- the vents to
allow the chemicals to evaporate out of them and, then, they pump it out and use it on
their landscaping. So, that's a reuse and conservation that -- good for them.
de Weerd: I think our Public Works staff has been working with any of the heavier users
to find positive solutions to mitigate their impact. That is a positive one. Our Public
Works staff has also been working with Roaring Springs on how much water they put
into the system, at particularly this time of year, so they don't overload our sewer
treatment plant and affect our permits. So, I appreciate the pro-active work that our
staff is doing in taking care of our precious resources, so --
Radek: Thank you, Madam Mayor.
Item 11: Ordinances.
A. First Reading of Ordinance No. 10-1457: Texting While Driving
Meridian City Council
September 28, 2010
Page 52 of 54
de Weerd: Thank you. Okay. If there is nothing further on this item, we will move to
Item 11 and ask our city clerk to, please, read the first reading of Ordinance 10-1457.
Holman: City of Meridian Ordinance No. 10-1457, an ordinance repealing Title 7,
Chapter 1, Section 9 of the Meridian City Code, regarding impounding vehicles and
replacing with a new Title 7, Chapter 1, Section 9, regarding texting while driving and
providing an effective date.
de Weerd: Thank you. That is the first reading. We will have it on our next agenda for
reading number two.
Rountree: Madam Mayor?
de Weerd: Council, any comments -- yes.
Rountree: On that particular item there was a report out today -- and I believe it came
out of US DOT, that some of these activities relating to texting appear to actually be
causing problems, as opposed to helping the situation. So, I think we need to take a
look at that particular information and see if it has a basis in fact as we move through
this.
B. Ordinance No. 10-1458: Board of Adjustment Ordinance
de Weerd: Okay. We can certainly comment on it at the next reading. Thank you.
Okay. Item 11-B, proposed Ordinance 10-1458. Madam Clerk, if you will read that by
the only.
Holman: Thank you, Madam Mayor. City of Meridian Ordinance 10-1458, an ordinance
of the City of Meridian providing for a new chapter, Chapter 7 of Title 2 of the Meridian
City Code, relating to the establishment, duties, and powers, membership, organization,
meetings and hearing procedures of the Board of Adjustment and right to appeal,
repealing Title 9, Chapter 1, Section 17 of the Meridian City Code regarding the Board
of Appraisers and replacing with a new Title 9, Chapter 1, Section 17, relating to dispute
resolution, Board of Adjustment, amending Title 9, Chapter 1, Section 19, relating to
establishment of meter installation fees, amending Title 9, Chapter 1, Section 21,
relating to termination of service, notice, and right to hearing, providing for a saving
clause, and providing an effective date.
de Weerd: Thank you. You have heard the reading of this ordinance. Is there anyone
who would like to hear it read in its entirety? Seeing no brave soul out there -- thank
you. Council?
Rountree: Madam Mayor.
de Weerd: Mr. Rountree.
Meridian City Council
September 28, 2010
Page 53 of 54
Rountree: I move that we approve Ordinance 10-1458 with suspension of rules.
Zaremba: Second.
de Weerd: I have a motion and a second to approve Item 11-B. Madam Clerk, will you,
please, call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, absent.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 12: Other Items.
A. Resolution No. 10-746: A Resolution of the Mayor and the City
Council of the City of Meridian, Establishing Appointments for
Members of the Meridian Board of Adjustment
de Weerd: Okay. Our last item of the evening is Item 12 and it's Resolution 10-746.
This is an exciting resolution, by the way.
Zaremba: Madam Mayor?
de Weerd: Mr. Zaremba.
Zaremba: I move we approve Resolution 10-746.
Rountree: Second.
de Weerd: I have a motion and a second on this item. If there is no discussion, Madam
Clerk, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, absent.
de Weerd: All ayes. Motion carried.
MOTION CARRIED: THREE AYES. ONE ABSENT.
de Weerd: We are at the end of our agenda.
Rountree: Move to adjourn.
Zaremba: Second.
de Weerd: All those in favor? All ayes.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Meridian City Council
September 28, 2010
Page 54 of 54
De Weerd: Thank you.
MEETING ADJOURNED AT 9:51 P.M.
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