HomeMy WebLinkAbout2012-12-04~~E IDIAN~---
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CITY COUNCIL REGULAR
MEETING AGENDA
Tuesday, December 04, 2012 at 7:00 PM
Roll-Call Attendance
X David Zaremba X Brad Hoaglun
X Charlie Rountree X Keith Bird
X Mayor Tammy de Weerd
2. Pledge of Allegiance and Presenting of Colors by Troop #462 with
the Paramount Ward
3. Community Invocation by Pastor Jim Lester
4. Adoption of the Agenda Adopted
5. Consent Agenda Approved(Pg 3-4)
A. Findings of Fact, Conclusions of Law for Approval: RZ 12-003
Rockcreek Apartments by Iron Mountain Real Estate Located
1023 & 1025 W. Pine Avenue Request: Rezone of 0.58 of an
Acre from the L-O to the R-15 Zoning District
B. Findings of Fact, Conclusions of Law for Approval: CUP 12-
010 Rockcreek Apartments by Iron Mountain Real Estate
Located 1023 & 1025 W. Pine Avenue Request: Conditional
Use Permit Approval for a Multi-Family Development
Consisting of Two (2) 4-Plex Structures (8 Dwelling Units) in a
Proposed R-15 Zoning District
C. Approve Minutes of November 7, 2012 City Council PreCouncil
Meeting
D. Approve Minutes of November 7, 2012 City Council Regular
Meeting
E. Approve Minutes of November 13, 2012 City Council Workshop
Meeting
Meridian City Council Meeting Agenda -Tuesday, December 04, 2012 Page 1 of 3
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
F. Approve Minutes of November 20, 2012 City Council
PreCouncil Meeting
G. Approve Minutes of November 20, 2012 City Council Regular
Meeting
6.
7.
8.
H. Lease Agreement with Jesse Carlton dba Carlton Farms for the
Farming of 38 Acres of City Land Known as the Borup
Property
I. Approval of Sole Source Purchase for French Pattern Tree
Grates from Canterbury International Through Fiscal Year 2016
J. Approval of Sole Source Purchase for One Huber Technology
ROTOMAT WAP Washer Compacter from Huber Technology,
Inc. for aNot-To-Exceed Amount of $55,000.00
Community Items/Presentations
A. Introduction of David Wallace, Ada County Highway District
(ACRD) Deputy Director of Planning and Projects(Pg 4-5)
Items Moved From Consent Agenda None
Action Items
A. Public Hearing: PP 12-012 Scentsy Commons Subdivision by
HOT1, LLP Located 3001 E. Commercial and 2701 E. Pine
Avenue Request: Preliminary Plat Approval Consisting of
Seven (7) Building Lots on 60.727 Acres of Land in the I-L, L-O
and C-G Zoning Districts Approved(Pg 5-7)
B. Public Hearing: PP 12-013 Bienville Square East by Alliance
Management Consultants Located West of N. Eagle Road and
South of E. Ustick Road Request: Preliminary Plat Approval for
28 Residential Lots and 5 Common /Other Lots on 7.89 Acres
of Land in an R-15 Zoning District Approved(Pg 7-15)
C. Public Hearing: MDA 12-008 Bienville Square East by Alliance
Management Consultants Located at West of N. Eagle Road
and South of E. Ustick Road Request: Modify the Concept Plan
and Certain Provisions Contained in the Recorded
Development Agreement (Instrument #1074437) Approved for
Bienville Square Subdivision Approved(Pg 7-15)
Meridian City Council Meeting Agenda -Tuesday, December 04, 2012 Page 2 of 3
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
D. Public Hearing: AZ 12-008 Isola Creek Subdivision by Coleman
Homes, LLC Located East Side of N. Ten Mile Road, North of
W. Ustick Road Request: Annexation and Zoning of 74.6 Acres
of Land from RUT in Ada County to the R-4 (Medium Low-
Density Residential) Zone Approved (Pg 15-31)
E. Public Hearing: PP 12-004 Isola Creek Subdivision by Coleman
Homes, LLC Located East Side of N. Ten Mile Road, North of
W. Ustick Road Request: Preliminary Plat Approval of 168
Residential Lots and 18 Common Lots on 74.6 Acres in a
Proposed R-4 Zone Approved(Pg 15-31)
F. Public Hearing on the Community Development Block Grant
(CDBG) Consolidated Annual Performance and Evaluation
Report (CAPER) for Program Year 2011, Ended September 30,
2012.(Pg 31-35)
G. Resolution No. 12-894: A Resolution Adopting the Community
Development Block Grant (CDBG) PY2011 Consolidated
Annual Performance and Evaluation Report (CAPER)
ApprovedPg 35)
H. Public Hearing: Proposed Winter 2012 Fee Schedule of the
Meridian Parks and Recreation Department(Pg 35-36)
I. Resolution No. 12-895: A Resolution Adopting the Winter 2012
Fee Schedule of the Meridian Parks and Recreation
Department; Authorizing the Meridian Parks and Recreation
Department to Collect Such Fees; and Providing an Effective
Date Approved(Pg 36-37)
9. Department Reports
A. Legal Department: City Hall Parking Ordinance
Amendment(Pg 37)
B. Public Works: Budget Amendment for FY2013 in the Amount
of $850,000.00 for RAS Conveyance Reconfiguration Project
Construction Approved(Pg 38-39)
10. Future Meeting Topics
Adjourned at 9:02 p.m.
Meridian City Council Meeting Agenda -Tuesday, December 04, 2012 Page 3 of 3
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
( Meridian Citv Council December 4 2012
A meeting of the Meridian City Council was called to order at 7:00 p.m., Tuesday,
December 4, 2012, by Mayor Tammy de Weerd.
Members Present: Mayor Tammy de Weerd, Charlie Rountree, Keith Bird, David
Zaremba and Brad Hoaglun.
Others Present: Bill Nary, Jaycee Holman, Sonya Watters, Bill Parsons, Jeff Lavey,
Parry Palmer, Steve Siddoway, Bruce Chatterton, Clint Dolsby and Dean Willis.
Item 1: Roll-call Attendance:
Roll call.
X David Zaremba X Brad Hoaglun
X Charlie Rountree X Keith Bird
X Mayor Tammy de Weerd
De Weerd: I'm going to go ahead and get this meeting started. I'd like to first begin by
thanking you for all being here and joining us this evening. For the record it is Tuesday,
December 4th. It's 7:00 p.m. We will start with roll call attendance, Madam Clerk.
~ Item 2: Pledge of Allegiance and Presenting of Colors by Troop #462 with
the Paramount Ward
De Weerd: Item No. 2 is our pledge and if you will stay seated, we will be lead in the
presentation of the flag and the Pledge of Allegiance by Troop No. 462. They are led by
Jason Transtrum and they are with the Valley Shepherd Church of the Nazarene.
Paramount Ward. They are with the Paramount Ward. Thank you for joining us.
(Pledge of Allegiance recited.)
De Weerd: Thank you and I do have City of Meridian pins for each of you in the troop, if
you want to just form a line and come up in front of me. I would like to thank the Boy
Scouts for leading us this evening. You did a fine job.
Item 3: Community Invocation by Pastor Jim Lester
De Weerd: Item No. 3 is our community invocation. We will be led tonight by Pastor
Jim Lester and he is with Valley Shepherd of the Nazarene 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 being here.
Lester: My privilege. Let's pray. Father, it's good to be in your presence today, to know
that we have this right and privilege to come and to -- come in an orderly way to express
the business and the concerns of our community. Thank you also today, Father, for
Meridian City Council
December 4, 2012
Page 2 of 41
those in leadership over us and we pray for them as we have been instructed in the
word of God and we ask that you would just direct their hearts and their minds as they
make the decisions that are so relevant and important tonight and we especially pray for
a sense of calm and peace upon this city and upon the hearts of those who give
leadership to it and, then, we are thinking, Father, of our community and how it's been
affected so devastatedly in the event last night. There is just no way to even begin to
comprehend and understand when these types of tragedies take place and events take
place that involve officers and our community, but I just thank you for those that are
standing tall for us and are protecting us and looking after us. And, Lord, I pray for them
as they deal with this and I ask that you give them comfort as well and the families that
are involved. I was thinking about the passage from James, Lord, and I pray it every
morning for myself and I pray it for these people who are in leadership today, the
promise of James, Chapter 1, verse five, says if any man lacks wisdom let him ask of
God. And, then, it goes on to say that if we ask you will give it to us without finding
fault. We ask so often, Father, because we are such needy people and we come daily
and ask again for your wisdom and your leadership and, then, the promise is that you
will give it to us in an abundant and wonderful way. So, all -- for all the proceedings
tonight I just pray your blessing and your calm and peace upon every decision and
every choice and thank you for the people who will be coming before them tonight and
decisions that are being made relative to their concerns and for all of this we give you
our praise in Jesus' precious name, amen.
~ De Weerd: Pastor, I would like to offer you a City of Meridian pin, too, since I believe it's
your first time leading us. Thank you. And I would like to thank you for remembering
our officers and the families that are involved in the tragedy that we had last night.
Thank you so much doing that.
Item 4: Adoption of the Agenda
De Weerd: Item No. 4 is adoption of the agenda.
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: Just a couple items to note. Under Action Items, 8-G, we have resolution
number 12-894 and 8-I is resolution number 12-895. And with that, Madam Mayor, I
move adoption of the agenda.
Rountree: Second.
De Weerd: I have a motion and a second to adopt the agenda as presented. All those
in favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Meridian City Council
December 4, 2012
Page 3 of 41
Item 5: Consent Agenda
A. Findings of Fact, Conclusions of Law for Approval: RZ 12-003
Rockcreek Apartments by Iron Mountain Real Estate Located
1023 & 1025 W. Pine Avenue Request: Rezone of 0.58 of an
Acre from the L-O to the R-15 Zoning District
B. Findings of Fact, Conclusions of Law for Approval: CUP 12-
010 Rockcreek Apartments by Iron Mountain Real Estate
Located 1023 & 1025 W. Pine Avenue Request: Conditional
Use Permit Approval for aMulti-Family Development
Consisting of Two (2) 4-Plex Structures (8 Dwelling Units) in a
Proposed R-15 Zoning District
C. Approve Minutes of November 7, 2012 City Council PreCouncil
Meeting
D. Approve Minutes of November 7, 2012 City Council Regular
Meeting
E. Approve Minutes of November 13,_2012 City Council Workshop
Meeting
~ F. Approve Minutes of November 20, 2012 City Council
PreCouncil Meeting
G. Approve Minutes of November 20, 2012 City Council Regular
Meeting
H. Lease Agreement with Jesse Carlton dba Carlton Farms for the
Farming of 38 Acres of City Land Known as the Borup
Property
I. Approval of Sole Source Purchase for French Pattern Tree
Grates from Canterbury International Through Fiscal Year 2016
Approval of Sole Source Purchase for One Huber Technology
ROTOMAT WAP Washer Compacter from Huber Technology,
Inc. for aNot-To-Exceed Amount of $55,000.00
De Weerd: Item 5 is our Consent Agenda.
Hoaglun: Madam Mayor?
r De Weerd: Mr. Hoaglun.
Meridian City Council
December 4, 2012
Page 4 of 41
Hoaglun: I move approval of the Consent Agenda and the Mayor to sign and the Clerk
to attest.
Rountree: Second
De Weerd: I have a motion and a second to approve the Consent Agenda. Madam
Clerk, will you call roll.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 6: Community Items/Presentations
A. Introduction of David Wallace, Ada County Highway District
(ACRD) Deputy Director of Planning and Projects
De Weerd: Item 6-A is under our Community Presentations and at this point I would like
to introduce David Wallace with the Ada County Highway District and ask him if he
would like to make any remarks. Welcome to Ada County Highway District.
~ Wallace: Thank you, Madam Mayor, Council Members. Good to be here tonight. I'm
the new guy at ACRD and I have been there all of a month. Pleased to have the
opportunity to come see you tonight. Justin, who represents us most of the time, is a
terrific representative of what we do and the plans and projects and I trust that he will
continue to be a good steward of our issues in front you and that he can take your
issues back as well. I am new to this process, so he's helping me learn about this. I
spent 25 years in the Air Force and 12 years with Northrop Grumman Corporation in
Baltimore and am just delighted to be here. Do you have any questions?
De Weerd: Well, we are delighted to have you here and you couldn't have a better
representative to help bring you up to speed. Council, any questions?
Rountree: I have nothing, but you're welcome.
Wallace: Thank you, sir.
Zaremba: Welcome. Glad to have you here. We treasure our relationship with ACRD.
We believe it's a good one. Glad to have you be part of it.
Wallace: Thanks.
Meridian Cily Council
December 4, 2012
Page 5 of 41
Hoaglun: Well, I'm just curious, Madam Mayor and David, you know, is Justin going to
l have a title like lieutenant or corporal or sergeant -- you know, with you and the director
now with military --didn't know if changes were going to be made, so --
Wallace: There is one other guy in the organization, too, our chief of maintenance is
also retired Air Force and I know the director is keen on sustaining the tie to the Air
Force. I am, too, but I try to keep it quiet, so not to make a point about it. I will say that
I discovered just the other day that one of the folks that works for me is a West Point
graduate. That's tragic enough.
De Weerd: I was going to say, you know, it's the time of season maybe he can earn his
wings.
Wallace: I think they have already been earned.
Hoaglun: Thank you. Glad to have you.
De Weerd: Thank you for being here.
Item 7: Items Moved From Consent Agenda
De Weerd: There were no items moved from the Consent Agenda.
Item 8: Action Items
A. Public Hearing: PP 12-012 Scentsy Commons Subdivision by
HOT1, LLP Located 3001 E. Commercial and 2701 E. Pine
Avenue Request: Preliminary Plat Approval Consisting of
Seven (7) Building Lots on 60.727 Acres of Land in the I-L, L-O
and C-G Zoning Districts
De Weerd: So, we will launch right into our Action items. Item 8-A is a public hearing
on PP 12-012. I will open this public hearing with staff comments.
Wafters: Thank you, Madam Mayor, Members of the Council. The application before
you tonight is for a preliminary plat. This site consists of 60.73 acres of land. It's
currently zoned I-L, L-O and C-G and is located at the southwest corner of North Eagle
Road and East Pine Avenue. The proposed plat consists of seven building lots on
60.73 acres of land. All of the existing structures meet the setbacks of the applicable
district. This is an aerial view here of the existing buildings. It's for the Scentsy site.
The Scentsy campus now consists of a warehouse, wax storage, manufacturing, office
building, and facilities maintenance building on the south side of the East Commercial
Street and a distribution center and an office tower that's currently under construction on
the north side of Commercial Street. A gymnasium and auditorium are proposed to be
constructed east of the office tower here. Back to the plan here. The street buffers
along Pine, Eagle, and Commercial have already been installed, except for the portion
Meridian City Council
December 4, 2012
Page 6 of 41
on Lot 7, Block 1, along Pine east of -- or, excuse me, west of Hickory, which will be
installed as a condition of this plat. A ten foot wide multi-use pathway has been
constructed within the street buffer along North Eagle Road, as required by the UDC.
Access to the site is via Pine. It was approved through the Pinebridge Subdivision plat.
Access via Eagle Road was approved through two separate variance applications.
Commercial Street is a private street and is not currently connected to North Machine
Avenue at the west boundary of this site here. Hickory Avenue that exists to the north
across Pine is not proposed to be extended as a public street through the site to
Commercial. However, a driveway for emergency access is proposed to be constructed
once a preliminary plat is approved. And this slide just shows more of the -- the
landscaping and the overall layout of the site. The Commission did recommend
approval of the proposed preliminary plat. Sam Johnson testified in favor. No one
testified in opposition or commented on the application. Sam Johnson and Chad
Kinkela had written testimony and key issues of discussion by the Commission --
emergency access to Commercial via Machine or a driveway from Pine in alignment
with Hickory and that emergency access issue has been resolved. No written testimony
has been received since the Commission hearing and there are no outstanding issues
for Council tonight. Staff will stand for any questions Council may have.
De Weerd: Thank you. Council, any questions for staff at this time? Okay. Is the
.applicant here? Nice to have. you back.
Johnson: Thank you. It's good to be here. My name is Sam Johnson. I am the real
estate and construction manager for Scentsy and also here representing HOT1, LLLP.
I really appreciate the work the staff has done helping us get to this point in the process.
That's always -- always appreciate working with them. I really don't have anything new
to add to their presentation. It's a fairly straight forward application in our mind and we
are really just taking the larger parcels that we purchased a couple of years ago and
subdividing it so there is one parcel for each building on our campus. So, with that I
stand for questions.
De Weerd: Thank you. Council, any questions? You're right. It's straight forward.
Thank you.
Johnson: Thank you.
De Weerd: This is a public hearing. Is there anyone who would like to offer testimony
on this item?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Seeing no one interested in testifying, I move that we close the public
C hearing on Item 8-A.
Meridian City Council
December 4, 2012
Page 7 of 41
Zaremba: Second.
De Weerd: I have a motion and a second to close the public hearing on Item 8-A. All
those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we approve Item 8-A, preliminary plat 12-012.
Bird: Second.
De Weerd: I have a motion and a second to approve PP 12-012 on Item 8-A. Madam
Clerk, will you call roll.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes, Motion carried..
MOTION CARRIED: ALL AYES.
B. Public Hearing: PP 12-013 Bienville Square East by Alliance
Management Consultants Located West of N. Eagle Road and
South of E. Ustick Road Request: Preliminary Plat Approval for
28 Residential Lots and 5 Common /Other Lots on 7.89 Acres
of Land in an R-15 Zoning District
C. Public Hearing: MDA 12-008 Bienville Square East by Alliance
Management Consultants Located at West of N. Eagle Road
and South of E. Ustick Road Request: Modify the Concept Plan
and Certain Provisions Contained in the Recorded
Development Agreement (Instrument #1074437) Approved for
Bienville Square Subdivision
De Weerd: Item 8-B and Item 8-C are public hearings on PP 12-013, MDA 12-088. I
will open these two public hearings with staff comments.
Parsons: Thank you, Madam Mayor, Members of the Council. The next project before
you is Bienville Square East Subdivision. This project is located near the southwest
corner of Ustick Road and Eagle Road. In 2005 -- or, actually, in 2004 a portion of this
property was annexed into the city with a C-G zoning district and was required to enter
into a recorded development agreement which required a PD be processed. In 2005
the applicant came forward with that PD application for a mixed use development for the
Meridian City Council
December 4, 2012
Page 8 of 41
Bienville Square Subdivision, which included commercial lots along Eagle Road. These
are townhome lots and multi-family lots in the middle of the development and, then, to
the west there were some single family lots that developed with the R-8 zone. The
applicant is here this evening to redevelop a portion of one of those lots that were
platted with the original Bienville Square Subdivision. It's a 7.89 acre lot that is currently
zoned R-15 here in the center of the development. Access at the time was approved
from Ustick Road. They got an easement for the Sadie Creek property, which is just
north of this. Constructed a public street that provided access from Ustick and, then,
Council also approved the variance -- a variance request to Eagle Road that allowed
them to have a private drive access to Eagle there and cut through the commercial
development as well. The applicant is requesting DA modification and a preliminary plat,
again, to develop 28 single family attached home lots and one 4.23 acre multi-family
development lot here. All of the lots do comport to the R-15 zoning standards. The
applicant -- the parking for this subdivision and the proposed homes for this subdivision
will take access from a private alley with the homes fronting on the street, consistent to
what is happening on the south side of Le Blanc Street. All of the infrastructure is in
currently and also a majority of the street segments were completed with that project as
well in 2007. I would mention here the landscape plan, conceptual plan, at the P&Z
hearing, the applicant was deficient about five percent open space. They have revised
the landscape plan. The plan that's reflected before you this evening does depict the
ten percent requirement as required in the Unified Development Code. The planned
amenity is actually a 10,000 square foot dog park lot, which is located here. I'd also
mention to Council that these -- these common lots are subject to be relocated in the
future and I will get into that more as I get to the recommended DA provisions. But I did
want to show you -- the applicant did provide you a detail on how the houses would sit
on the lots. These are very narrow lots. They have about a 27 foot street width on
them -- a frontage width. Lot sizes are between 3,200 square feet and 3,600 square
feet. So, pretty long lots, but fairly narrow lots as well. Here is the product that the
applicant is proposing this evening. It is, again, single family attached homes.
Originally staff and Commission had concerns that single family homes might be difficult
to develop on these lots, so as a recommended DA provision we required them to
submit for design review on the single family homes to insure that they do fit on these
lots. I'd also mention that just above the applicant's proposing 28 lots, if they wanted a
single family home in that development they could certainly plat some larger lots and
reduce the number before you and still be in substantial conformance with the submitted
preliminary plat. Here, basically, is an exhibit showing how the units will fit on the lots.
Proposed elevations are more of a contemporary design. Mix of roof materials. A mix
of building materials. Recommended provision of the DA is strict compliance with these
elevations moving forward. Again, because this is a DA modification before you, these
are some of the new provisions that staff is recommending be attached to the amended
development agreement. Provision A deals with the future construction of the homes
and how they should substantially comply with the elevations presented to you this
evening. As I mentioned to you, a small portion of the street segment is now completed
within the development. There is quite a bit of commercial activity happening out there.
/ There is also quite a few single family homes under construction in the development as
well. That street should have been constructed back in 2011 and wasn't, so now that
Meridian City Council
December 4, 2012
Page 9 of 41
we are here revisiting this staff has provided a DA provision that requires the complete
construction of that street, including curb, gutter, sidewalk as it was originally intended
back in 2007. Provision number C deals with the phasing of the development and what
could occur on the property, so a maximum of 28 single family lots and one multi-family
lot and, of course, the pertinent common lots in accordance with the UDC. I'd also
mention to you -- as I mentioned to you earlier, if I can go back to this exhibit here, you
can demonstrate here -- I said that this open space may move or relocate in the future.
The applicant doesn't have any plans to -- to develop multi-family on that lot at this time.
Because this plat exceeds five acres they are required to provide ten percent open
space. So, what they'd like to do is construct this open space as it's not really a
temporary basis, but with the flexibility to relocate that and so that when they come in
with plans on the multi-family they have the flexibility to shift some of that open space
and still comply with the ordinance and still provide the amenities to the adjacent
subdivision as well. So, that's what staff's attempt in Provision D basically states that
they will provide that same amount of open space as indicated on the plan and that he
will provide the applicable number of amenities as well. So, the course for multi-family
-- that multi-family lot will have to come back for conditional use approval as well. So, at
that time we will evaluate that development application, insure that they comply with that
open space and provide the appropriate amenities. At .the P&Z hearing they
recommended approval to you on November 1st. Bob Unger and Brian McClure
testified in favor of the. project.. In opposition Pat McBrayer spoke in .opposition against.
He also testified as to his opposition -- was concerned about the density and the home
styles in the development. Key issues of discussion at the Commission hearing -- as I
mentioned to you the Commission was concerned about the amount of open space
planned for the development and how that would interface with the adjacent subdivision.
The completion of the private street segment and, then, also the ability to fit the
proposed single family attached homes on such narrow lots. So, key changes to the
staff report -- they did not recommend any to that. Staff did receive written testimony
from the applicant. They are in agreement with the Commission's recommendations. I
think everything is tidied up in the staff report for you, so there are no outstanding
issues for you this evening and at this time I would stand for any questions you have.
De Weerd: Thank you, Bill. Council, any questions for Bill at this point?
Bird: I have none, Mayor
De Weerd: Okay. Is the applicant here this evening? Good evening. If you will,
please, state your full name and address for the record.
Unger: Good evening, Madam Mayor and Council Members. My name is Bob Unger,
I'm with ULC Management. Our address is 6104 North Gary Lane, Boise, Idaho.
83714. And we represent Alliance Management Consultants, who is the developer on
this project.
De Weerd: Thank you
Meridian City Council
December 4, 2012
Page 10 of 41
Unger: Thank you. I think staff has done a great job just kind of going over the basics
of the project and the history of this piece of property. A couple things that I'd just like to
point out as a part of the original development of this property. Along the southern
border of the project -- of the entire project, which is along -- okay. There is the South
Slough and as a part of the original development all of the wrought iron fencing was
installed, all of the landscape strip was installed and the pathway was installed. Along
the western border of the project a decorative wall was constructed, including a 30 foot
landscape strip and pathway. That pathway and the pathway along the South Slough
connected which gives us a pathway that runs all the way up to Eagle Road out of the
project. In addition, in the middle of the project running up through the existing
residential lots there is a pathway and we are proposing to continue that pathway in this
phase. Excuse me. The original master plan of the entire property consisted of the
residential lots to the single family detached residential lots to the west and detail to the
east, which bordered along Eagle Road and in the middle, which is Lot 23, what was
anticipated there were two groupings of ten townhome lots and another grouping of
eight lots. What we are asking this evening is to -- instead of having those as
groupings, to actually plat the 28 lots and build 28 detached townhouses. Bill, can you
bring up the plat for me? Okay. All of the 28 lots, which Bill is pointing to there, have
frontage on Le Blanc Street, which is already constructed, and during the construction
of the -- of Bienville Square phase one we anticipated the construction of the condos,
townhouses,. and at thak time, instead of coming. back and tearing up the street,. we
installed all of the utilities for all of the -- excuse me -- for all of the townhouses. So,
~ consequently, all utilities have been stubbed and are -- all the lots are ready for service.
The -- there are, essentially, three private roads that surround this -- are on the
perimeter of this particular lot, Lot 23. We have -- on the south we have the
continuation of Bourbon Lane. On the north we have Picard Lane and to the east we
have -- oh, I have forgotten the name of that one. Anyhow, we have another street to
the east that is also a private road. The bulk of these roads have been constructed,
except for the Bourbon Street -- or Bourbon Lane up and around to the -- the other road
here where Bill is pointing. And we are prepared to finish the construction of that private
road, so that we provide good circulation throughout the project. If we could go to that
master plan, Bill. We are proposing proper common lots, common areas, for the project
that meet the requirements of the city. Excuse me. At either end of the 28 lots there is
a common lot and, then, of course, in the middle there is a common lot with the pathway
to continue on up to Cajon Court. The large open space area that Bill discussed
actually lies over an easement for the Ahlman Water Users Association, which is the
provider of water for the project for irrigation water and there is a buried pipe down
through there and it follows down -- down along the pathway and across Le Blanc and,
then, carries all the way to the west of the property. So, this is, obviously, the best
location for this open space. There may be some minor adjustments to it, but the
square footage will remain the same, it will just -- may be modified to accommodate any
future development that may occur on that area. These are rear load townhouses, so
we will be putting in an alley and all the garages -- all the garages will face the alley,
access will be provided that way, as will trash pick up, things like that. Also, as Bill
discussed, we are requesting an amendment to the development agreement to
accommodate these changes from the original plan. We have provided staff -- and I
Meridian City Council
December 4, 2012
Page 11 of 41
/ believe -- and Bill showed the proposed product that will be going on these lots.
l Essentially the two pictures are an example of the detached product that the builder
builds. We are not proposing any detached single family here. We are proposing
attached single family townhouses and I believe we have reviewed the staff report, their
recommendation, the Planning and Zoning Commission's recommendations and we
concur with all of those recommendations. We feel that this project as proposed
provides an excellent buffer between the detached single family development to the
west and the commercial or retail to the east, which is out on Eagle Road and the -- the
balance of the project that is not being developed at this time would also provide a little
bit higher density. So, we end up with the single family detached and, then, the single
family attached and, then, some multi-family and, then, we end up with the commercial.
So, it's a great buffer up to Eagle Road. And I think that pretty well concludes my
review and I will stand for any questions.
De Weerd: Thank you. Council, any questions?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I don't know if this is for Mr. Unger or Bill, but what's the minimum driveway
length?
Unger: The minimum -- the driveway length? Twenty feet minimum.
Rountree: Okay. And the alley width? What's the alley width?
Unger: The alley width is 25 feet width.
Rountree: Okay.
Unger: I believe that exceeds the minimum requirement. I believe minimum
requirement is 20 feet.
Rountree: Thank you.
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: Just out of curiosity, what's the square footage of these units going to be on
average or --
Unger: Yes, sir. The average is 14 to 15 hundred square feet.
Hoaglun: Okay. Thank you.
Meridian City Council
December 4, 2012
Page 12 of 41
De Weerd: Mr. Zaremba?
Zaremba: Councilman Rountree asked my questions already
De Weerd: Okay. Very good. Any other questions from Council at this time? Thank
you, Mr. Unger.
Unger: Thank you.
De Weerd: This is a public hearing. Is there anyone who would like to offer testimony?
Please come forward. Good Evening. If you will, please, state your name and address
for the record.
Glodowski: It's Frank Glodowski. 2940 Centerpoint and I'm one block west of the
proposed development.
De Weerd: Thank you so much.
Glodowski: I missed the last City Council, but I guess I don't believe that they
communicated very well. The first neighborhood meeting we had they were proposing
going from 28 lots to 26 and making single family house, comparable to what the
houses that I live in and my neighbors live in and those houses run from 1,400 square
feet to 2,500 square feet, some of them. Some of them have four car garages and I
have a two and a half car garage. The plat, from what I could tell from where I'm sitting,
is common wall, townhouses and I don't know if I'm really opposed to the project, but I
don't know enough about what's going in there and the prices. I just heard Brad say
that they are 14 to 15 hundred square feet. Well, that's certainly not comparable to the
development just west of there. I mean this is on the small side. So, are they just going
to go in on the -- and build what they can and sell them cheap and get out? I mean
that's not what they promised us at the first neighborhood meetings as well. So, I
welcome single family or townhome development there, I just don't want to see them put
in a small, cheaper, whatever, units and I guess that's my objection. If -- if somehow we
could -- I still don't know what they are doing there I guess is my biggest problem. And
they promised us more neighborhood meetings and we didn't get them. We have only
had one and this is a second Council meeting and I just had the renderings of the
architectural and it sounds like they are not even using single family houses, so why did
they send me this and I just got this Friday. So, I guess that's all I had to add. Thank
you.
De Weerd: Thank you. Any other testimony on this item? Mr. Unger, if you could,
please, perhaps answer the gentleman's questions and you can wrap up your remarks.
Unger: Mayor and Council, Bob Unger again. We did have a neighborhood meeting
and at that time we -- we discussed 26 to 28 townhome lots. We did discuss the -- what
we thought would be the -- the size of the homes. We said somewhere between 1,300
Meridian City Council
December 4, 2012
Page 13 of 41
to 1,500 square feet. As far as the garages, these are all two car garages, plus the 20
foot driveway, which allows for, you know, additional parking. So, as far as price range,
we are looking at 150 dollars per square foot constructionwise. We are proposing
upgraded amenities in the homes. Granite counter tops. These are three bedroom -- or
three bedroom and three bath homes. Yes, they are smaller than the homes to the
west, but, then, again, as I said, these are a transitional type product that we are
working with here. We are going from the single family detached and getting close --
you know, going to a higher density, smaller home, and this gives us our transition to
the retail at Eagle Road. We feel that the design -- the architectural design of the
product is very compatible with what's existing out there right now to the west. We are
-- I mean we are looking at the same type of materials as far as siding, you know,
applications -- some of the roofing applications will be the same. We are doing a little
bit of a variation whereas we are putting in some -- some copper roof just to give it a
little different appearance and certainly, you know, I would be more than glad to spend a
few more -- a few minutes with I believe with Greg and -- to kind of go over it a little bit
more with him, if that's what he needs. But we feel that this is a really good product and
works very well for the transitioning.
Hoaglun: Madam Mayor?
De Weerd: Yes, Mr. Hoaglun.
Hoaglun: Hoaglun. Yes.
De Weerd: What's your name?
Hoaglun: Yeah. Mr. Unger, the homeowners association for this development is going
to be separate from what's already existing? And I guess there will be two parts to this
question, then. If and when the apartments are built on the east side, then, will that be
a separate one or will this -- these single family units, plus the apartments, be one
homeowners association?
Unger: Well, we would be -- excuse me. We would be establishing an association for
this phase of the development. We will probably -- or try to mirror the association -- the
initial association with those CC&Rs, so that when and if they want to combine them
that they can. It takes a vote from one association to bring another association in and
vice-versa, but they could combine the two associations and they would all be under the
same rules. Since we originally put together the original CC&Rs we do have those and
we are going to try to follow those as best we can, so that they can merge without too
much difficulty.
Hoaglun: Okay. Thank you for that response. That's what I was getting at, if they
merge or how different the CC&Rs are going to be, so -- I know it's a private entity,
nothing to see overseas, but it is important for compatibility purposes that they are not
really divergent, so --
Meridian City Council
December 4, 2012
Page 14 of 41
Unger: Yes, sir. And that is something that we discussed at the neighborhood meeting,
so --
Hoaglun: Okay. Thank you.
De Weerd: Any other questions from Council?
Bird: I have none.
De Weerd: Okay. Thank you.
Unger: Thank you.
De Weerd: Council, any further questions for staff?
Bird: I have none.
De Weerd: Okay. If there is no further information needed I would entertain a motion.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I move we close the public hearing on Items 8-B and C.
Hoaglun: Second.
De Weerd: I have a motion and a second to close the public hearing. All those in favor
say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I move we approve PP 12-013 with all staff and applicant comments.
Hoaglun: Second.
De Weerd: I have a motion and a second to close -- or to approve Item 8-B. Any
discussion on this motion?
Hoaglun: Madam Mayor, quick comment. I can understand Mr. Glodowsky concerns,
( but that phasing I think is a good process to do that, to go from single family home
individuals, single family and before you get to the big apartment type complex, if that's
Meridian City Council
December 4, 2012
Page 15 of 41
what builds on the other side, it goes to that buffer and I think protects property values
and I think that's the big concern and if there can be some common homeowner
association eventually that can -- if there is any issues they can be worked out, but the
homeowners association as one entity and I think that would be a good thing. So, I
think it's a good project.
De Weerd: Okay. Thank you. Any other comment? Madam Clerk, will you call roll.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
De Weerd: Do I have a motion for Item 8-C.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I move vve approve. MDA 12-008, again, with .all staff and applicant
comments and the recommended DA provisions from staff.
Hoaglun: Second.
De Weerd: I have a motion and a second to approve Item 8-C. Madam Clerk, will you
call roll.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
D. Public Hearing: AZ 12-008 Isola Creek Subdivision by Coleman
Homes, LLC Located East Side of N. Ten Mile Road, North of
W. Ustick Road Request: Annexation and Zoning of 74.6 Acres
of Land from RUT in Ada County to the R-4 (Medium Low-
Density Residential) Zone Approved
E. Public Hearing: PP 12-004 Isola Creek Subdivision by Coleman
Homes, LLC Located East Side of N. Ten Mile Road, North of
W: Ustick Road Request: Preliminary Plat Approval of 168
Residential Lots and 18 Common Lots on 74.6 Acres in a
Proposed R-4 Zone
Meridian Cily Council
December 4, 2012
Page 16 of 41
De Weerd: Item 8-D is a public hearing on AZ 12-008 and 8-E, a public hearing on PP
12-004. I will open these two public hearings with staff comments.
Parsons: Thank you, Madam Mayor, Members of the Council. Next project is the Isola
Creek Subdivision. It's located on the east side of North Ten Mile Road and north of
Ustick Road. It's directly adjacent to the wastewater treatment site there. It's
approximately a 74.6 acre site, currently zoned RUT in Ada County and is being used
for agricultural purposes to this date. To the north and to the east and to the south it's
primarily surrounded by the Bridgetower development. It is the applicant's intent to
design this subdivision consistent to what -- what occurred in the area as well. There
are some remnant single family homes in the county that abut the storage facility and
the wastewater treatment site on the west side of North Ten Mile Road. You can see
here it's a large parcel here. Again, the applicant is proposing to annex 84 acres with
the R-4 zoning designation. That zoning designation is consistent to what was
approved with the Bridgetower development to the east. What I have done this evening
is rather than giving you the boring black and white version, I have cut and pasted in
here a color rendering that the applicant provided to kind of go in detail. It's nice to see
a prettier picture than just black and white copies. So, basically, there is one collector
street access point to North Ten Mile Road that will come in here and, then, terminate in
this location here and from that point will feed my local street network to service the
development. When the Bridgetower development came through in 2001, (.believe,
there were some stub streets along the north here and on the east, which will be
extended and connected to with this development as well. I'd also mention to you that
the applicant is proposing 168 single family lots this evening. Lot sizes range between
8,900 square feet and 22,000 square feet. The site substantially complies with the open
space requirements per the UDC. Private open space includes a pool. A covered
picnic shelter. Public open space will be a future neighborhood park that's located
along the south boundary here. It's currently I believe Lot 12, Block 5, and I will get into
that in more detail moving on through the presentation. Again, some of these block
lengths do exceed the requirement in the Unified Development Code. One of the
conditions in the staff report requires amid-block connection here to break up this block
length along this street segment and this street segment here. That was discussed at
the Planning and Zoning Commission on the 1st and they agreed with staff's
recommendation and kept the condition as stated in the staff report. I'd also mention
that the applicant is requesting a waiver from Council this evening. There is quite a bit
of -- two large waterways that run along the south boundary of this site. The first is the
Creason Lateral, which runs here and, then, paralleling that is the Five Mile Creek. That
is a protected waterway, so that will remain open as part of the subdivision. The
applicant is seeking Council waiver to leave this portion of the Creason Lateral open,
but the remaining portion -- this portion located here is I believe currently tiled and the
applicant is proposing to the this portion. So, they are asking for a waiver to leave this
portion just for the fact that it will become part of a linear open space in the future and
as my understanding it does require a substantially large pipe in order to the that. The
applicant has proposed quite a variety of elevations for you this evening, anywhere from
1,400 square feet up to 5,000 square feet for the projected home sizes for this
Meridian City Council
December 4, 2012
Page 17 of 41
development. Here is one of the new product lines that they are proposing to place in
the subdivision. Again, as I mentioned to you, this is
-- the applicant is desirous to mimic what's occurring in Bridgetower as far as the pod
layout for the neighborhoods and, then, also the lot sizes and, of course, the home
product. I would mention that the park lot at this time is really conceptual. My
understanding at a future date the parks department will sit down with the developer
and come up with specific plans to be brought back to you under a separate agreement,
but because there is an annexation involved the staff is recommending a DA as part of
the annexation request and as part of that we are requiring that they comply with all the
submitted elevations this evening or also providing -- because they are phasing this in
five development phases and a majority of the amenities are planned for phase one,
staff is requiring that all of those amenities -- private amenities occur with the first phase
of development. Also concurrent with any development of these 13, 14 -- excuse me --
12, 13 -- or 13, 14 and 15, the applicant will deed that lot to the parks department for the
neighborhood park. We would point out to Council that this does -- because they are
dedicating a lot it does throw them above and beyond what code does require as far as
open space requirements. I'd also let you know that the developer and the parks
department will each pay -- share the proportionate share of developing plans for that
and that's identified in the DA as well. The applicant has some drainage facilities
planned for the park. They will coordinate with the parks department on that to make
sure that it's esthetically pleasing and does not degrade the integrity and the look of this
park as well. And I'd also -- the comprehensive plan and the city's master pathways
plan designate the park -- or, excuse me, a pathway along this segment of the Five Mile
Creek, the south side, along that linear open space. The applicant, if they elected to do
additional pathway segments along the east boundary of the proposed park and also
within this common lot that ties into the Bridgetower Subdivision, because that is not a
requirement by the UDC, staff has added that as a condition in the development
agreement that that happen and provide that connectivity in the future. So, moving
forward, Commission's recommendation at the public hearing, Becky McKay spoke in
favor of it. No one testified in opposition or provided comment on it. Becky did provide
written testimony. I would mention to Council that this was conditioned -- or continued
several times to work out some of dedication issues for the park site and work with the
developer moving forward. Key issues of discussion at the hearing was, again, that
mid-block connection and the UDC does give us latitude on that. It says when you
exceed that block length Council can waive that in lieu -- rather than having a public
street connection here. Council- has the authority to grant a pedestrian connection. And
I think our argument at the hearing --the Planning and Zoning Commission hearing was
if you live here and your friends were in Bridgetower, there really is no connectivity to
this subdivision here. Those kids would have to come down here, cut onto that collector
street and, then, go down another local street to get to that connectivity -- or get to that
subdivision or their friends. So, really, the logical connection here is just put in the mid-
block connection, have those folks cut through this block and, then, get to those friends
in that subdivision. And I think if you look at the intent of Bridgetower and if you look
how those pods were designed, there is a lot of mid-block connectivity in there with
those different pods in that area and certainly it makes sense to do that here as well.
So, quite a bit of changes came about as a result of that P&Z hearing. Staff did prepare
Meridian City Council
December 4, 2012
Page 18 of 41
a memo kind of justifying the changes to Commission. So, what happened, without
going into great detail, I'd just let Council know that we modified several conditions of
approval, which were 1.2.1, 1.2.3, 1.3.10 and 2.6. Commission also submitted several
DA provisions, which were five -- numbered five, six, seven, eight, nine, 11 and 12 and
condition of approval 1.2.5. And, then, finally, based on what I read into the record as a
recommended DA provision, those were modified as well at the public hearing. As I
mentioned to you earlier, the applicant is seeking waiver for the tiling of the lateral. I
believe the parks department is in agreement with that as well and, then, earlier today it
came to staff's attention that a gentleman wrote an a-mail into the city asking Council to
require the improvements along Ten Mile Road for the development. I would mention to
Council that the widening of that roadway is to occur in 2015 as part of the five year
work program, so I think it's going to come fairly soon to address his concerns. At this
time we have not gotten back to the applicant, but I did want to bring that to your
attention. And also prior to the Council meeting this evening I believe the applicant
would like to discuss that mid-block connection with you as well to try to come up with a
workable solution. Other than those issues, staff will stand for any questions you have.
De Weerd: Thank you, Bill
Rountree: Madam Mayor?
De Weerd: Yes, Mr. Rountree
Rountree: Bill, on Item C there in the -- in the DA, your last sentence the parcel has
been used in the calculation of the ten percent open space UDC requirements. I'm not
aware of us having done that before. It seems like it's kind of a slippery slope.
Parsons: Madam Mayor, Councilman Rountree, under the open space requirements in
the UDC it does allow for the dedication of public land as part of open space calculation.
Because this will be a public park it does count towards -- under the Unified
Development Code it does count towards that open space.
Rountree: How does it address -- excuse me
De Weerd: Uh-huh.
Rountree: How does it address the development of that portion that's applied towards
the ten percent?
Parsons: Madam Mayor, Councilman Rountree, it doesn't -- the code doesn't speak to
the amenities and those things that are proposed for the public space. It does speak to
the pathways and pedestrian connections. That's about the only thing we have under
the Unified Development Code. At this time under the Unified Development Code it just
basically calls out a square footage, which is 8,000 square feet, and it calls out one tree
per 8,000 square feet is how it's broke down, so it doesn't speak to anything else other
Meridian Cily Council
December 4, 2012
Page 19 of 41
than that and the pathways. That's why the applicant still has to provide four amenities
as he has proposed on that common lot with phase one.
Rountree: Thank you.
De Weerd: Mr. Zaremba.
Zaremba: Thank you, Madam Mayor. On the block length discussion, as you pointed
out, it is on a mobility and circulation issue, but there is another aspect to it as well.
When those requirements were established there was signature input from the fire
department and they have issues with block lengths that are too long, so I guess I will
ask our fire department representative if -- if you have had a chance to review this and
does the pedestrian connection satisfy the needs of the fire department?
Palmer: Councilman Zaremba, the pedestrian crossing as it currently stands would
satisfy our needs.
Zaremba: Okay. Thank you.
De Weerd: Okay. Anything else for staff at this time? Okay. Would the applicant like
to make comment? Good evening..
McKay: Thank you, Madam Mayor. Becky McKay, Engineering Solutions, 1029 North
` Rosario, Meridian, business address. Madam Mayor, Members of the Council, I'm
representing Coleman Homes in this application on Isola Creek Subdivision. This
particular project is one of the last parcels that is vacant within this particular section
between Ustick, McMillan, Ten Mile and Linder. In looking at this particular property,
obviously, we have two stub streets, Breeze Creek -- Breeze Creek and Teano Way
that come into this particular development. So, we have good vehicular connection to
Bridgetower. Our primary collector entrance comes in off of Ten Mile. We decided to
go with a very similar design to Bridgetower with kind of a pod design, detached walks,
eight foot landscape, short, noncontinuous collector, open space, private amenities,
plus public amenities. When we first started the project we did not have a neighborhood
park in the -- in the particular design. In meeting with the staff one of the things that
was brought up is, obviously, a designated medium density residential in your comp
plan and there happens to be an asterisk on this particular piece of property that stated
neighborhood park. Now, as you well know, you can't, obviously, designate the parks
on a specific parcel that was meant for this section. Now, when I did Bridgetower
Subdivision I approached the parks department -- at that time it was Mr. Kuntz that was
director, asking if we could do a neighborhood park along the Ustick corridor and Five
Mile Creek, about nine acres and he indicated that the city had no interest of a
neighborhood park along that Ustick corridor and so it ended up being a private nine
acre park and so that opportunity was kind of missed and so when we started meeting
with the staff on this particular project they said, well, this is one of the last parcels of
any significant size in the section and so it would be really nice if you guys would
redesign and incorporate the park. So, my client Mr. Coleman did -- did determine that
Meridian City Council
December 4, 2012
Page 20 of 41
it was, obviously, the right thing to do, so we revised our layout, we -- we incorporated
the neighborhood park and it is interconnected along your multi-use pathway on Five
Mile Creek. We have existing sewer in Ten Mile and a 12 inch water main. You also
have your reclaimed water that runs down Ten Mile Road. So, as far as utilities,
everything is available to this site. I will be lopping the water into Bridgetower, which
would, obviously, improve the fire flow and capacity of your system. If we look at the --
the section here we are all predominately R-4 around the project with Hartford,
Bridgetower. We are asking for the R-4 this evening. We think it makes sense. Our
density is about 2.25 dwelling units per acre, which is kind of where we were in
Bridgetower. Your comp plan requests that it be three to eight, but staff felt that
because of its location and proximity of Bridgetower it made sense that it meshed well.
Directly across the street is Ten Mile mini storage that I did years ago. That entrance is
not in alignment with this. We are in alignment with their emergency vehicle accesses
near ours, so we don't have any conflict as far as our access is concerned. Ada County
Highway District has purchased -- they have purchased this property for their Ten Mile -
Ustick intersection rebuild that's being utilized for drainage. They did purchase about
1.35 acres in excess of what they have utilized for drainage. The parks department did
have me approach the highway district to see if there was any interest in deeding that to
the city in the future for possibly a park and ride along your multi-use pathway so people
could park, unload their bikes, and ride along that -- that greenbelt. ACHD has
indicated that they are interested in that. The ponds are all isolated along the -- the east
side of this section, so it's just an area that is totally not landscaped and available.
According- to the district they are going to be doing a survey and providing a legal
description and that they do have interest -- if the city has interest in turning that over.
Here is an aerial map, kind of gives you an idea of what's around us. We have --
obviously, there is going to be commercial office development. I think a Maverick was
approved there at Ustick and Ten Mile. We also have office, day care, commercial up
at the Ustick along the corridor of Ten Mile and up at the McMillan intersection. I think
you have a Walmart that's proposed. So, obviously, neighborhood commercial and
office is coming into this area. We think that this will, obviously, benefit that future
commercial that's planned. In designing the subdivision we, obviously, wanted to take
advantage of pedestrian access. We see that the Bridgetower people will come down
to the park from Breeze Creek, they will, obviously, have the ability to come in from
Teano. We also have another pathway we will be constructing. This is the Cresson
Lateral that's here. The Creason has been piped through Bridgetower and what they
provided was a corridor that's grass and, then, it has a gravel 14 foot all-weather
surface that comes to our boundary right here. It is our intent -- the Creason has been
piped here -- that we will pave that and create another pedestrian linkage which will
bring other Bridgetower -- from Bridgetower No. 1 and No. 2 into the neighborhood park
and, then, we will drop that pathway down to interconnect to your multi-use pathway.
Bill indicated that we have asked for a waiver on the Creason Lateral. The reason
being is due to the elevation this section here is a 36 inch reinforced concrete pipe.
When it gets down to this location the Nampa-Meridian Irrigation District has piped it to
that point and right here it's slow moving and running parallel to Five Mile Creek. So,
we are asking -- we did provide an exhibit. We are asking for a waiver of that -- that
westerly 900 feet. It is cost prohibitive. We did put the numbers to it. It would be in
Meridian City Council
December 4, 2012
Page 21 of 41
excess of 120,000 dollars to pipe just that last 900 feet. Based on the slow movement
and the location of it, we feel that we can provide safe pathway with wrought iron
fencing and so forth and still make it attractive. There is about 80 feet between -- in this
particular area between Five Mile Creek and the Creason, so we have the ability to,
obviously, go in there and make that corridor nice and green and comfortable for people
to walk through there. The other pedestrian access that we worked on was the
Bridgetower plat has a pedestrian easement in a common lot right there, so we are
linking a pedestrian path there. They have a fence along there, so we will have to,
obviously, coordinate with their HOA to make sure that they will allow us to open up that
to get that linkage. The pedestrian pathway that -- that is in dispute is this area right
here, breaking this direction. Now, in looking at this we hate to break blocks just for the
sake of breaking them when it doesn't make any sense. As far as our pedestrian
connections, we see that people will come down this way and go to the multi-use
pathway or come and go to the park in this direction. We will have pads coming this
way. We will have pedestrians coming in and dropping to the park this way and we will
have them dropping this way. So, we did not feel that that made a lot of sense and if
you look at block face, this particular block face here is 700 feet. So, it is less than the
750, but due to the location of the stub street, if you measured the perimeter block
length that's what is exceeding. So, you know, I look at it from the perspective is what
does it impact. We lose two lots. We tried to fit it in there and based on the new plans
that. Mr. Coleman has for this particular development, we would have, to lose two .lots
and the reason being is the rear of these lots start getting so -- as we try to shift, they
get so narrow and the fronts of these lots due to the curb, start narrowing up also. Our
central open space as far as private, will have a pool facility, playground, picnic area
and it's located in this section and we have linkage right here. We will be constructing
that with our first phase and, like I said, we just don't think that as far as the impact of
that ped path that it makes a lot of sense and if I could accommodate it, it's a lot easier
to accommodate it than to ask, obviously, for a waiver. So, I guess it determines on
how you guys define that block face. I don't define it from the perimeter, I define it from
the block itself. I mean we are next to canals and so forth all the time and we are
limited in how we can insert those ped paths or those stub streets. So, we are in
agreement with all the conditions of approval with I guess the exception of 1.3.6. It is
our intent to, obviously, dedicate the park when we do the adjoining phase to the city.
As far as any water rights, they will also go with the property. There is approximately
8.95 acres there. We eliminated -- I think we had probably about -- I think we had about
eight lots in there that we did take out in order to accommodate the park. It is buildable.
The flood plain -- or the flood way, excuse me, is confined pretty close to the top of bank
of Five Mile Creek and there is a flood plain that's associated here, but it runs just
following along the rear of our lots, so we don't have any lots that encroach within the
flood plain. We feel that, you know, obviously, this is an excellent project. We are
doing what we can to provide public open space. We are only 11 percent as far as this
particular section and we calculated there have been 1,100 building permits that have
been issued in this section and they have all paid park impact fees and so the burden
fell upon us, which bumped our -- our open space up to about 19.27 percent, but we are
comfortable with that and willing to, obviously, coordinate and work with the parks
department to make this happen. Do you have any questions?
Meridian City Council
December 4, 2012
Page 22 of 41
De Weerd: Council, any questions? Mr. Hoaglun?
Hoaglun: Madam Mayor. Becky, when you talk about the piping of the Creason Lateral
on that lower -- on the north-south segment of that, there is a significant drop. In fact,
there is a waterfall there.
McKay: Yes, sir,
Hoaglun: Are you going to be able to pipe that adequately without great cost? I always
like the sound of that waterfall when I'm out there walking, but, you know, I assume you
can engineer anything, but was there thought to leaving that open as part of the park?
It's a water amenity and you don't often have -- we don't have many waterfalls in
Meridian, so --
McKay: You don't. I mean that's obviously an option to -- to leave it open to take
advantage of -- you're right, it's dropping -- it's dropping down in elevation and we do
have to maintain in a higher elevation, because there is a ditch that goes to the west
that we will be piping that goes across the park, but we will be putting it underground. I
mean that's, obviously, an option. Nampa-Meridian indicated -- I met with them on three
different occasions that they were comfortable with leaving it open as a water amenity,
as long as we, one, provided them a maintenance access and, two, that we put wrought
iron fencing in. Those were the only requirements. They don't require it next to Five
Mile Creek, but they do require it next to a live waterway -- facility that's a live ditch. So,
yeah, I mean that's, obviously -- it could be incorporated into the park design. I mean
it's up to you guys.
Hoaglun: And that might be, Madam Mayor and Becky, you know, something that parks
wants to explore a little bit more before we say, okay, it's all going to be piped. I mean
there is liability issues, I mean there is fencing issues, is it too far away, different things.
But it's a good six to eight foot drop at that --
McKay: Yes, sir.
Hoaglun: -- that particular location, it's just one of those things that you just find very
often. so --
McKay: No, we don't.
Hoaglun: -- it might be something we want to -- want to consider as the parks
department works with you on -- on developing that park as a potential option of leaving
that portion open just to have the water amenity, but --
McKay: That's a great idea and we would, obviously, entertain that.
Rountree: Madam Mayor?
Meridian City Council
December 4, 2012
Page 23 of 41
l De Weerd: Mr. Rountree.
Rountree: Becky, I don't know if this is really a question, but it's -- it's a concern and this
concern that we have in that whole part of town, this particular subdivision is downwind
from our wastewater treatment facility. We have significant dollars, programing --
capital improvements programs to address the odor situation that occurs out there
occasionally, but it happens and I know for those kinds of things in the past we have
requested a notation on a plat and on certain documentation to advise future property
owners that that's there, because it seems like it only becomes an issue once
somebody moved in and all of a sudden it's our fault that our treatment facility plant's
been there for years and years and years and is not going to move, by the way. So, a
question maybe for Clint or Bruce, some way to make that information available to
future buyers in this particular subdivision. It's -- it's anticipating those calls that the
Mayor gets and --
De Weerd: I appreciate your thoughtfulness, by the way.
Rountree: And that we all know we get on occasion, particularly when there is a bad air
day.
Dolsby: Madam Mayor, Councilman Rountree, Public Works would support some sort
r of annotation. I don't know if that's in -- I'm trying to think of where it would go and
where would be the best spot to put something that would let them know that at least
the wastewater plant's nearby, across the street. A lot of times you -- I know people are
-- when I first moved to the area, I lived near Meridian -Ten Mile, I had no idea the
wastewater plant was there and it wasn't --didn't really notice any odors at the time, but
-- I'm sorry. I lived near Ten Mile and Ustick and never noticed that there was odors
there, but I never really knew the plant was there either and I could see it's odors were
running that direction and we bought a new house in that subdivision you could run into
some issues.
De Weerd: These are CC&Rs that require initials and -- I mean you can't control
CC&Rs, but --
Chatterton: Madam Mayor and Council Member Rountree, you notice how I punted
directly to Clint. I -- I don't know the answer to this. It would certainly I think be valuable
to -- in some way notify those future owners, but I don't know how to do that through say
a note on the plat.
Rountree: It wouldn't get read anyway by a buyer.
Chatterton: Right.
Meridian City Council
December 4, 2012
Page 24 of 41
Rountree: I just throw that out, because I see that as a -- as a future issue and, Becky,
knowing how creative you are, you might be able to find a solution for us and for your
client's future customers, because it will reflect on all of us if it becomes an issue.
Parsons: Madam Mayor, Members of the Council, I recall a project that we did with
Thomas in 2009, it was Oak Creek and at that time he was proposing development
along Highway 16 and we wanted to make sure that future folks that were going to buy
in those subdivisions would be notified that their subdivision would be adjacent to a
state highway. Onto that DA you guys required that on the marketing materials along
there that you would show that concept and show a future highway there? I know other
developers have put out marketing signs that showed kind of their conceptual plan like
Ms. McKay has here. Certainly they could expand upon that and on that marketing sign
there where they place future homes of -- future Coleman homes subdivision and could
show -- have a little symbol there that says wastewater treatment plant and have it on
there so folks driving there kind of looking there would see that. That's certainly an
option available to them. I don't know if that works for the applicant or not.
Rountree: Madam Mayor, I'm not proposing that we -- we give specifics, but I think
that's something that needs to be addressed in the marketing of this project and we all
need to keep that information available, because, again, it's not just an issue for us, it's
going to be a future issue for the developer I think.
McKay: Madam Mayor, Councilman Rountree, yeah, I think, you know, there can,
obviously, be some language that, obviously, recognizes the existence of a Meridian
wastewater treatment facility on the west side of Ten Mile and we can look into that. I
think that we may be able to see what was done at Island Woods Subdivision and there
is another one back in there by west Boise sewer treatment facility and I believe Boise
asked for the similar type language just to recognize the fact that they are there and
they were there first and from what I have been told it's a rarity that there are odors.
Every once in awhile, you're right, the plant will burp -- that's what I have been -- it has
been described to me and, yeah, it is noticeable. So, we will definitely work on that and
when we bring in our plat for phase one we will have something prepared.
Hoaglun: Madam Mayor, I don't think I need to disclose this, but just for the record I live
in Bridgetower Subdivision just to the east here and lived there before Bridgetower and
it was my in-law's dairy farm and moved on there, so I have to say, Clint, you know, for
all the times I lived there on the dairy farm I never noticed the -- the wastewater
treatment plant. So, I'm just saying, you know. It wasn't a problem.
De Weerd: Nice. Anything further from Council?
Bird: I have nothing.
Hoaglun: I just had one comment and this is for Justin, for ACHD. On Teano Way
there is a tree -- it's an old bush -- it might even be a mulberry type thing that was
growing on the property. My father-in-law for years thought he would cut it down and he
Meridian City Council
December 4, 2012
Page 25 of 41
never did. It wasn't in the way of anything. Well, at one time somebody stuck a sign on
this, because it's a stub street and it's right smack in the middle of a stub street and,
then, a sign on it, of course, this road will be extended in the future, but someone put a
sign don't cut this old growth tree. So, you know, if anybody chains themselves to that
tree or anything, you know -- I think that family moved, but I haven't seen that sign up
there in a long time, but it is right smack dab in the middle. It's got to go. And it's not
anything valuable, it's just kind of -- my father-in-law refers to it as trash tree that grew
out there, so just in case, just to prepare you for that, so that's -- that's there.
McKay: Councilman Hoaglun, yes, the tree falls right in the middle of the street and our
landscape architect Jensen Belts says they are working with the city forester to identify
what are the trash trees that will have to be removed. I did get a comment about the
tree at the neighborhood meeting.
De Weerd: Good place for a traffic circle.
McKay: Go around the tree. Like Walgreens in Eagle.
Bird: Make a roundabout and put it in the --
Hoaglun:. Madam Mayor, when I look at the development that's occurring, all the trees
going in, that one tree will be -- there is a thousand times more trees out there than
what used to be on the farm ground, so --
McKay: Thank you very much.
De Weerd: Thank you. This is a public hearing. Is there anyone who would like to offer
testimony on this item? Okay. Council, any further questions for the applicant or staff?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Bill or Parry, either one, address the pathway in that mid-block and how does
that make your job easier or better? Explain to me the rationale.
Palmer: Councilman Rountree, really, pedestrian access for us would have limited
value, essentially, because we have street access on both sides of the area that the
proposed walkway would go, so it -- the impact of it not being there would be very
minimal for us.
Rountree: Thank you, Parry. Bill?
Parsons: Madam Mayor, Members of the Council, Councilman Rountree, it really is a
UDC requirement at this point. Our ordinance requires us to measure from the center of
the intersection and measure that block length. I don't think -- I don't dispute with Mrs.
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December 4, 2012
Page 26 of 41
McKay on -- that this block is broke up here. This -- under the definition of ACHD, this
turning --this turning segment here, it is an intersection by definition. The road changes
direction, it changes names. One thing that our code doesn't do very well, it doesn't --
when it speaks about block length, it doesn't address both sides of the street and in this
particular case, if you look at this run of the street, this is probably 750 from this point
and there is a break here. There is a break here. But it's really this south side of the
street and the north side of this segment that exceeds the 750 feet and that's why we
have built in that latitude -- I mean, technically, they should put in another public street
there and break it up, but the UDC gives you latitude to allow a pedestrian connection in
lieu of a public street connection and that's why we felt the easier route was to --
keeping in mind that we did want them to maintain this integrity and keep that same
design as Bridgetower, it made sense to get that connection and also the
Comprehensive Plan talks about connections between neighborhoods and subdivisions
and certainly it makes sense to have some of that as well, to have that interconnectivity
and that's why the Commission sided with staff as well and kept the condition in place.
But it's a code requirement. They either have to provide a public street or a pedestrian
connection.
Chatterton: And, Madam Mayor and Council Member Rountree, it clearly is a
compromise, so the long block length do create challenges for connectivity. Having a
pedestrian pathvpay is away of mitigating that isn't perfect, but it -- but it helps.. It's.
basically saying we are taking one mode of travel and substituting it for what could be,
in other circumstances a street. So, it's certainly not a perfect solution, but it's -- it's one
that presented itself as a compromise.
Rountree: Thank you.
De Weerd: Okay. Anything further from Council? Steve, did you have anything you
wanted to add?
Siddoway: Thank you, Madam Mayor, Members of the Council. I would just say that I
am in support of proposed dedication of the neighborhood park property that -- as
proposed. We have been working with Mr. Coleman and Becky over the last several
months. We started with -- the way we used to do neighborhood parks back in the mid
2000s when development was good and asked for development and green up and they
expressed and we understand that it's a -- it's a different time and we are, frankly,
pleased to get the donation of a neighborhood park that we would be able to develop on
our own in the future or we may find an opportunity to work on an agreement separate
from --from this as part of the development if that appears to be mutually beneficial. On
the specific question of the Cresson Lateral and the waterfall, I have been out to the
site, I have seen the waterfall, and I'm a little torn as well. I support the proposal of tiling
it for the reasons of liability that were mentioned. It's going to be an. open play field with
balls that are likely to hit that. Although -- and if it is left open the irrigation district will
require fencing along it, which would shrink that side of the park a little bit. Having said
that, I --you know, I do support open waterways and I definitely support the -- the waiver
that they are requesting to leave the Cresson open on the south. As I looked at the
Meridian City Council
December 4, 2012
Page 27 of 41
plans on the plan view, I started out with some concern that it may not be very
comfortable to be a pathway between to waterways like that, but having been out there
and walked it, it is much wider than expected and the Creason is not in a deep gully in
the way that the Five Mile Creek is and as I walked it I thought it actually felt
comfortable and the Creason in that location became a nice water amenity to walk the
site. So, if you feel strongly that it ought to remain open along the east side of the park,
we will work with that and -- but currently I would support the staff conditions that have it
being tiled, but -- and that's with some trepidation over tiling -- you know, a beautiful
waterfall that is there now.
Hoaglun: Madam Mayor, Steve, yeah, I don't want to make anything mandatory here,
it's just that if there was an option that we could look at, if looking at it you go, oh, there
is a way to keep that waterfall and retain enough property and different things, I'm open
to that, but we are going to lose too much property and the liability issue I recognize for
something like that, kids are chasing balls into that and whatnot, so it's just one of those
things if there is a way to do it, hey, that would be great. If not, then, we the it and move
on. So, in Bridgetower they do have a wonderful waterfall, but they had to haul in a lot
of dirt to make that one. This one is already there, but -- so, you know, whatever the
Council decides, if we want to keep that as an option for parks to explore and if it
doesn't work it doesn't work, you know, so something like that might be -- we don't
make the decision hard, and fast right now, but just say explore it, if you can make it
work go ahead, but if it doesn't work, then, cover it, so --
Siddoway: I would stand for any other questions.
Bird: I have none.
De Weerd: Okay. Thank you, Steve.
Siddoway: Thank you.
De Weerd: Okay. Any final comments from the applicant? Okay. Thank you. Council,
any further information needed from staff or the applicant? Okay. I would entertain a
motion to close then.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I would provide a little discussion.
De Weerd: Okay.
Zaremba: Shall we do that before we close or after?
De Weerd Yes, please.
Meridian City Council
December 4, 2012
Page 26 of 41
Zaremba: I support the idea of leaving the option open for the waterfall. I have not
seen it myself, but I know that those can be very nice amenities and I understand there
are some drawbacks and responsibilities that could come with it, so I am comfortable
saying it's an option to be discussed, but I would like to leave that option open. I do feel
that the mid-block pedestrian connection is an important part our ordinance and should
be there. Those are two opinions from me.
De Weerd: Thank you. Mr. Hoaglun.
Hoaglun: Madam Mayor, just to comment on the mid-block pedestrian connection and
what I'm trying to figure out is are we doing this because of access from Bridgetower
that allows them access into that neighborhood quicker, which there might be some kids
doing that, or are we trying to make access to the park down there to the south, but,
then, if that's our reason, then, I'm trying to figure out -- but if we make that connection
there they still have to go to the main entrance road to access the park, so we don't --
you really don't gain anything if they walk to the main entrance road and come down, as
opposed to cutting those through. But the other option is, well, access for people
coming from Bridgetower who might want to get to that a little quicker, so -- I haven't
made up my mind on that, but if it's a park access it -- we don't gain anything by that.
Bird: Madam Mayor?
`~ De Weerd: Mr. Bird.
Bird: On that pedestrian, Bruce or Bill, what is the advantage to it? I mean I think
Councilman Hoaglun just stated some pros and cons of it and I really don't see where
there is an advantage to having that pedestrian there to get through the park or get
people from Bridgetower through there. You know, if I'm coming from Bridgetower I'm
probably going to go around and come back and -- as Becky diagramed to the park and
I don't see where they are going to use that pedestrian access that much.
De Weerd: I guess alts I can answer is it's -- it's our code and if you want to change it
we better be changing our code. I guess the question was to you, but I -- I think we
have attempted to answer it. We are following the code.
Chatterton: Madam Mayor and Council Member Bird, again, it's not a perfect solution,
but the intent is that this long block length -- of course, block lengths -- long block
lengths provide challenges not only to vehicular connectivity, but also to pedestrian
connectivity by virtue of the sidewalks. So, the idea here is to at least take one of those
ways of getting around and enhancing it a bit and breaking it up visually and practically
as far as walkers are concerned, of those block lengths.
De Weerd: You know, Iguess I -- I live in a subdivision that has interesting connectivity
and the only way that kids can get to their friend's house or to the school to the north of
us and in this case there is retail and other amenities to the north of this subdivision, is
Meridian Cily Council
December 4, 2012
Page 29 of 41
to do it illegally through the golf course and kids will do that, because they are -- they
are looking, for the nearest connection and I think that's why when the Council
considered this requirement as part of the code, they recognized that you need that
connectivity and connecting neighborhoods and -- and to -- not only houses, but to
whatever is nearby. Any other discussion or thoughts or questions? Okay.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we close the public hearings on AZ 12-008 and PP 12-004.
Zaremba: Second.
De Weerd: I have a motion and a second to close the public hearing on Items 8-D and
E. All those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I would move that we approve AZ 12-008 and to include all staff and applicant
comments.
Zaremba: Second.
De Weerd: I have a motion and a second. Any discussion? Okay. The motion is to
approve Item 8-D. Madam Clerk, will you call roll.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
De Weerd: 8-E.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve PP 12-004, the preliminary plat and to include on the east --
( southeast end where the park is that the applicant and parks department work and if
Meridian City Council
December 4, 2012
Page 30 of 41
that Creason Lateral can be left open safely without much liability that it's their call. If
not, we will the it. The --
De Weerd: We won't, but they will.
Bird: They will. They will the it. The West 900 feet of Creason, leave that open. I
would -- I would also propose that we eliminate the pathway halfway through the blocks,
the pedestrian pathway, and to then -- that would be it.
Rountree: I will second for discussion
De Weerd: Okay. I have a motion and a second to approve Item 8-E with the
discussion points Councilman Bird made in the motion. Mr. Nary, I know Council makes
our policies and -- but can we not follow them without any -- I guess do we need to have
a reason or is that only in a CUP if we deny it?
Nary: Madam Mayor, Members of the Council, are you talking specifically about the
block length requirement that's already in the code? Yeah, you don't have the ability to
simply just ignore your own ordinance, unless there is grounds or they have requested a
variance, which they haven't requested. They simply requested that you not require it
and there isn't any ordinance that allows that.. So, they'd .have to request a variance
and, then, you'd have to make the specific findings under the code for what a variance
is allowed before you could grant the exception.
Bird: I agree. I will pull my motion and restate it
De Weerd: So, you would pull that item.
Bird: If I --
De Weerd: Okay.
Bird: They'd have to bring a variance. I was not thinking.
De Weerd: Okay. Any further discussion? Madam Clerk, will you -- oh. Mr. Zaremba.
Zaremba: I just want to make sure I understood what happened. All of your main
motion still stands --
Bird: No. I pulled the whole motion.
De Weerd: Oh, you pulled the whole motion. Okay.
Bird: I'll make a new one. Let's get it right.
Zaremba: So, there is no motion.
Meridian City Council
December 4, 2012
Page 31 of 41
l De Weerd: There is no motion.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve PP 12-004 and allow the applicant and the parks department
to decide on the southeast corner on the Creason Lateral whether we -- whether they
the it or leave it open. And also to leave the west 900 feet of the Creason open and with
that -- that would be all on the preliminary plat.
Rountree: I will second with the assumption that it includes testimony.
Bird: Oh, yeah. Applicant and --
Rountree: Staff comments.
Bird: -- staff testimony included.
Rountree: Okay..
De Weerd: Thank you. I have a motion and a second to approve this item. Any
discussion? Madam Clerk, will you call roll on Item 8-E.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
F. Public Hearing on the Community Development Block Grant
(CDBG) Consolidated Annual Performance and Evaluation
Report (CAPER) for Program Year 2011, Ended September 30,
2012.
De Weerd: Item 8-F is a public hearing on the Community Development Block Grant --
well, on this item. I'm not going to read the whole thing. And I will turn this over to Lori.
Den Hartog: Madam Mayor, Members of the Council, I'm pleased to be before you this
evening presenting our consolidated annual perormance and evaluation report.
Basically, our year end report on the Community Development Block Grant program the
year ending September 30th. A little bit different. Normally I come before you two times
to present this report. When we passed our -- our consolidated plan for the next five
years we modified our citizen participation plan and in that we opened a comment
~, period with the notice in the newspaper, which we did in mid November and, then, that
Meridian City Council
December 4, 2012
Page 32 of 41
remains open through this evening if we have anybody that would like to testify and,
then, we just have the one public hearing this evening. So, you -- the benefit is you
won't have to see me as much. So, that's the benefit to the change to our citizen
participation plan. So, with that I would like to share with you some of the things that
happened over this last year. Highlights of the 2011 program year. We completed the
Five Mile Creek pathway segment, as you're well aware, and we had the ribbon cutting
in October for that segment from Pine to Badley. We completed the Meridian Boys and
Girls Club program. This has been an activity that has continued on for a number of
years, primarily because the Boys and Girls Club has been able to stretch those funds
and use them over a number of different school years. During this last year they
transported 151 students, 90 percent of which -- 98 percent of which were from low to
moderate income households. So, that activity is complete and the Boys and Girls Club
will now be funding this program on their own, which was the intent when we originally
started that. We have completed the second and final project with our stimulus funding
that came through the -- now I'm going to try and remember my acronyms. The
American Recovery and Reinvestment Act, that was where those stimulus funds came
from and that was the pedestrian scale energy efficient lighting on West 8th Street.
That project was completed this year and that grant, which is separate from our annual
entitlement grant, was closed out this year. We also completed the lighting design for
the Meridian split corridor phase two project. As you also are well aware, those lights
will. be installed and constructed with .the .roadway project and is currently under
construction and once that's done we will be able to close out that project with HUD next
~ year. We provided 47 scholarships to children at the Meridian Boys and Girls Club
through their fee based program and the club used all of their funding for this year. That
activity is also complete. The Meridian Food Bank provided food to over 55,000 people
throughout the year, 96 percent of which were from low to moderate income households
or persons. The Ada County Housing Authority provided down payment assistance to
one low to moderate income family for the purchase of a home in Meridian. We have
been working as an update a little bit later -- we have been working with Ada County
Housing Authority and Neighborhood Housing Services, there has been kind of a
slowdown in the number of households applying for use of these funds, so we are
working on some ways that we can get these funds utilized and spent for these down
payment assistance. As you're also aware we completed our 2012-2016 consolidated
plan, which will guide and direct our program over the next five years and we completed
the analysis of impediments to fair housing choice reports. A summary of the
expenditures -- I have this slide and the next one. This is a summary of those activities
that were just from our program year 2011. As you will see, we have a number of
activities that do not have any funds expended. Ada County Housing Authority,
Neighborhood Housing Services, and the Meridian Playground Project -- I have an
update on those a little bit later. But you will notice that Meridian Food Bank and the
Boys and Girls Club scholarship program utilized all of their funds and we utilized the
majority of our administration funds. What we did complete were a number of
longstanding projects from previous program years, so we did spend a lot of those
hours and just over 180,000. The first two were related to the Five Mile Creek pathway
segment and, then, that Boys and Girls Club transportation program that I referenced
earlier. The down payment assistance, the funds that were used for the down payment
Meridian City Council
December 4, 2012
Page 33 of 41
assistance in this past year were from a previous program year, so that's why those
funds were not expended. And we spent the remaining funds of the streetlight design
with the Meridian Development Corporation and, then, that second table there is the
funds from the stimulus that we received for the pedestrian lighting. So, that activity is
closed. So, just an update. As of the close of our program year we hadn't spent any of
the funds for the playground project, but I'm happy to report that that is -- as of about
two weeks ago the school district submitted request for reimbursement. The
playground equipment came in a little bit under budget and we programmed 75,000.
The playground equipment cost 65,000. I know you can't drive by there right now so
easily with the road under construction, but if you pull into the school parking lot they
should be finishing installation of the playground this week. The savings that we have
had from the equipment not costing as much as we thought, that will go toward part of
the construction cost and installation of that equipment and, then, the school district will
be picking up the running costs for that installation. So, we will be able to max out all
that we allocated for that playground project. We were excited to see that go up. The
school is really -- really thrilled and they are super excited, so I'm sure we will be able to
send out a notification to you when -- when they have an official opening of that. The
business facade improvement program, while no funds have been expended, MDC has
been working with several interested property owners and a number of businesses who
had applied. MDC has modified its deadline for match requirements. The grant itself
doesn't require. a match, but MDC .requires. a match, which. we think is an important
component for this particular program and so we have been working MDC and
interested property owners. So, I believe we will see some of those come to fruition --
hopefully within the next six months. We are bringing forward an amendment to our
agreement with MDC to extend the time of pertormance to next June. So, we anticipate
that the funds will either be used by next June and, if not, we will reallocate those funds
to another eligible project. The other thing I'm happy to report is Neighborhood Housing
Services lending for their down payment assistance program, they have an eligible
buyer and a home in Meridian identified with an anticipated closing date later this
month. With that they will be able to utilize the remaining 2010 and 2011 funds. So,
some of those items that looked like they were zero on the earlier one are -- in the next
few months will be all the way spent. So, that's exciting. At least in my world. The
other item I wanted to mention -- the Ada County Housing Authority has expanded their
program within the guidelines of our sub recipient agreement to encourage more
households to utilize the down payment assistance funding that they have. We will also
be bringing forward an amendment to our agreement to extend their time of
performance. And, then, lastly the Five Mile Creek pathway -- as you know when we
originally presented this particular project to HUD and as we all hoped, the original
scope from Pine to Fairview that because we were not able to obtain those easements
all the way north to Fairview, the scope of the project ended up badly. Because that
scope changed for more than 25 percent, HUD has directed us to present a substantial
amendment, so I will be presenting that to you in January. That amendment will cover
three action plan years, because we funded this pathway over three different years. So,
with that, once the amendment is complete we should be able to close out that entire
project with HUD, with the anticipation and the understanding with the Parks
Department and the Community Development Department that we will be looking for
Meridian City Council
December 4, 2012
Page 34 of 41
that connection to Fairview in the future. This may not be funded through the grant.
There is maybe some opportunities through development and hopefully, if we can ever
get ahold of some of those property owners, some of them are in trusts and so they
have been difficult to get ahold of, but -- with that -- the other thing I wanted to mention
is that the city's finance department has reviewed and approved the financial reports
within the CAPER and all of our reports are consistent with their records and we opened
the public comment period on November 19 and haven't had any comments to date,
unless we have some comments this evening, and with that I would ask that we close
the public hearing and adopt the CAPER and direct me to send the document to HUD
for their review. Thank you.
De Weerd: Thank you, Lori. Any questions from Council?
Bird: I have none.
Rountree: Just a question on some of the statistics. On the Meridian Food Bank, you
indicated 96 percent of the recipients were low to moderate income. Is it kind of a rule
of thumb that there is four percent in there that doesn't need -- has no income or has
income and just because it's free they go get it?
Den Hartog: My understanding -- some of it is they don't have the information and so
we don't count them as low or not. I actually -- when I enter the information into those
that we don't have the income information, the Food Bank is very diligent about
~ gathering, I actually enter them in as high for lack of we don't know where they are at.
Rountree: It's just not disclosed.
Den Hartog: Yes.
Rountree: Okay. Just curious.
De Weerd: Just do the math.
Rountree: Yeah. Just do the math.
De Weerd: Any other questions for Lori? Okay.
Rountree: Good report. Madam Mayor?
De Weerd: Yes.
Rountree: I would move that we close the public hearing for Item F -- 8-F and move
towards Item 8-G.
Bird: Second.
Meridian City Council
December 4, 2012
Page 35 of 41
De Weerd: I have a motion and a second to close the public hearing on item 8-F. All
those in favor say aye. All ayes.
MOTION CARRIED: ALL AYES.
G. Resolution No. 12-894: A Resolution Adopting the Community
Development Block Grant (CDBG) PY2011 Consolidated
Annual Performance and Evaluation Report (CAPER)
De Weerd: Item G.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we approve Item 8-G, resolution number 12-894, and authorize
the Mayor to sign and Clerk to attest.
Zaremba: Second.
De Weerd: I have a motion and a second to approve Item 8-G. Madam Clerk, will you
call roll.
Roll Call: Bird, yea; Rountree', yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
H. Public Hearing: Proposed Winter 2012 Fee Schedule of the
Meridian Parks and Recreation Department
De Weerd: Item 8-H is a public hearing on our winter 2012 fee schedule for the Parks
and Recreation Department. I will open this public hearing and asked for staff
comments. Patrick.
Dilley: Madam Mayor, Members of the Council, before you should be the proposed fee
schedule for the Parks and Recreation Department for our winter activity season, along
with our updated master fee schedule complete with new and increased fees for
activities and classes. We continue to have our most popular classes, sports and
events and as well as some new additions and we plan to print our winter activity guide
this Saturday on December 8th and it will be inserted in the Idaho Statesman for the
Meridian area and it will be available at the parks and rec and at the Meridian
Community Center. We look forward to enjoying an active winter season and thank you
for your time and request that you pass a resolution and I will stand for questions.
Meridian Cily Council
December 4, 2012
Page 36 of 41
j De Weerd: Thank you. Council, any questions?
Bird: I have none.
Rountree: I have none. Go for it.
De Weerd: Thank you, Patrick. This is a public hearing. Is there anyone who would
like to provide testimony on this item?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Hearing none, I would move we close the public hearing on the 2012 winter fee
schedule.
Rountree: Second.
De Weerd: I have a motion and a second to approve Item --
Bird: We just closed the public hearing.
De Weerd: Oh. I'm sorry. I'm just jumping ahead. I'm in a hurry. For closing the public
hearing on Item H. All those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
I. Resolution No. 72-895: A Resolution Adopting the Winter 2012
Fee Schedule of the Meridian Parks and Recreation
Department; Authorizing the Meridian Parks and Recreation
Department to Collect Such Fees; and Providing an Effective
Date
De Weerd: Mr. Bird.
Bird: I move we approve Resolution 12-895 and for the Mayor to sign and Clerk to
attest.
Rountree: Second.
De Weerd: I have a motion and a second now to approve Item 8-I. Madam Clerk, will
you call roll.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
Meridian City Council
December 4, 2012
Page 37 of 41
MOTION CARRIED: ALL AYES.
Item 9: Department Reports
A. Legal Department: City Hall Parking Ordinance Amendment
De Weerd: And now we are at Department Reports. Item 9-A is under our Legal
Department.
Nary: Thank you, Madam Mayor, Members of the Council. You will see in your packet
there is a proposed City Hall parking ordinance amendment. When we moved here to
City Hall in 2008 one of the things we did prior to that was we amended our downtown
parking code and one of the codes that we added at the time was to park in the city
employee parking lot without the employee tag was a 50 dollar fine. We have been
issuing tickets off and on for the last part of this year and we have had some concerns,
some feedback, that they thought the fine was excessive. They intended the fine to
deter people from taking up both the public's parking spaces all day long and parking in
excess of two hours, as well as taking up the parking spaces that are available for
employees to park and so that feeling of the leadership team was that to move it to the
15 dollar penalty, rather than the 50 dollar penalty, which is the -- uvhich is wha# the
penalty currently is for parking in excess of two hours on the street. They felt that since
there was no -- generally no one's paying to park in downtown Meridian anyway, 15
dollars is an adequate deterrent to keep people from either parking all day long in the
public's parking or parking in the employee parking. So, that's what's in front of you. If
that's acceptable to -- to you, Council, we can put it on next week's agenda for approval.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: It's acceptable to me, but what does the sign say out there? Do they say between
8:00 and 5:00 or 8:00 and 6:00?
Nary: Yes.
Bird: Because I -- to be truthful with you, I have never .paid attention. Yeah. That
would be very acceptable to me. I think 50 dollars is exorbitant.
Rountree: I'm okay with getting it back here.
Bird: Yeah. Bring it back to us.
Nary: All right. We will put it on next Tuesday for approval, Council. Thank you.
Meridian City Council
December 4, 2012
Page 38 of 41
B. Public Works: Budget Amendment for FY2013 in the Amount
of $850,000.00 for RAS Conveyance Reconfiguration Project
Construction Approved
De Weerd: Okay. Thank you, Bill. Item 9-B is under our Public Works Department.
Clint.
Dolsby: Madam Mayor, Members of the Council, what you have before you is a no -- no
net increase budget amendment to move funding from the wastewater treatment plant
fermentation and odor control project over to the wastewater treatment plant RAS
reconfiguration project. The RAS reconfiguration project was scheduled to be
completed in FY-12 and '13 and this funding will allow the project to be completed in
FY-13. The fermentation and odor control project is scheduled to be completed in FY-
14. It's just getting ready to start construction now and we will be coming forward with
an enhancement that was planned in the CIP for next fiscal year to complete that
project, but there is an excess of funding in that project, which was allowed for this
transfer so we can complete both projects on schedule. So, with that I'd stand for any
questions.
De Weerd: Thank you. Any questions from Council?
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: Clint, I had a question on that second page, said the construction project bid
in July 1012 was for -- was 1.3 million, which exceeded the available budget for FY-12
and '13. What was the estimate of the bid? I mean when you guys look ahead and say,
okay, we are going to do this project, I mean that's -- that's a major difference, 850,000.
What went wrong?
Dolsby: Yeah. Madam Mayor, Members of the Council, Councilman Hoaglun, the bid
did come in higher than projected by a few hundred thousand. We also had added
some work into the RAS reconfiguration project towards the end of the design that
made sense and that was after we had presented enhancements to Council. There is --
there was some efficiencies to be gained by doing some of the work that was originally
planned for the fermentation project, they are going to excavate a portion of the
wastewater plant during the RAS project that they would have had to open up again for
the fermentation project. So, we thought it would be more beneficial to do some of that
work in the RAS project, instead in the fermentation project. So, that was why there is
such a disparity on the -- in the amendment.
Hoaglun: Follow up, Madam Mayor. On page three -- and this could be under project
funding, I was going through those numbers. The total funding comes to 2.3. That
includes all the changes as he just mentioned, opening up the what-you-ma-call-it and
doing the doohickey?
Meridian Cily Council
December 4, 2012
Page 39 of 41
' De Weerd: Technical terms.
Dolsby: Madam Mayor. Councilman Hoaglun, yes, that includes all the changes, as
well as the contingency for any future unanticipated changes in the project.
Hoaglun: And I would anticipate we won't see many more changes in budget
amendments on this project?
Dolsby: No, we won't.
Hoaglun: Just a comment, Madam Mayor. It's just -- 850,000, I don't know if I have
done a budget amendment in my four years on the Council that big yet. So, it was just
kind of shocking to me to see that.
De Weerd: Any other questions?
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I move we approve the budget amendment for fiscal year 2013 in the amount
~ of 850,000 dollars for RAS Conveyance Reconfiguration Project construction.
Rountree: Second.
De Weerd: I have a motion and a second to approve Item 9-B. Any discussion from
Council?
Zaremba: It would have been much easier for me to say 9-B, wouldn't it?
De Weerd: Yes. Madam Clerk, will you call roll.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 10: Future Meeting Topics
De Weerd: Item 10. Future Meeting Topics. Any topics for future agendas from
Council?
Meridian City Council
December 4, 2012
Page 40 of 41
Hoaglun: Madam Mayor, I think we are trying to schedule a time for the possible
discussion about possible legislation coming up on -- I'm trying to remember the
acronym. Councilman Rountree --
De Weerd: TED.
Rountree: TED.
Hoaglun: TED. Thank you. And we are looking at having a special meeting for that, so
the person coming to -- to give us that update and inform us and give us the
background and everything we need to know to be experts on TED, it looks like it has to
be a special meeting. So, we are working on getting that date with everybody that we
can get, so we will let you know what that will be.
De Weerd: Very good.
Rountree: Madam Mayor?
De Weerd: Yes, Mr. Rountree
Rountree: Question more than a topic. But tonight we heard a couple UDC items that
came up that got questioned and some of the responses were, well, that's how it is and
we really don't like it. I don't know. Or it's not real clear in terms of the definition and
~~ those kind of thin s. So, I uess m uestion is does staff kee
g g y q p -- keep tabs on those
and are we going to see those come back to us in a workshop at some point in time that
here is some ways to clarify that or what we have is -- and I know a lot of times what
happens is you take a look at it and what we have is about as good as you're going to
get in terms of clarification without getting it so detailed you can't enforce it. But I'm
seeing Bruce shake his head, yeah, they keep tabs on those and at some point in time
we will see some of those back with some clarification.
Chatterton: Madam Mayor, Council Member Rountree, yes, we do have a running tally
of -- for want of a better term -- clean-up items for the UDC. There will be situations
like, you know, the subdivision tonight where the code has a great intent, but it didn't
exactly meet that situation where you had two sides, one meeting the block length fairly
well and the other one not. So, situations like that. We do have a running tally. I will
get with staff and we will find out when we are going to be bringing those forward. Is
your preference -- is it normal practice to do those in a workshop setting prior to --
Rountree: Typically we talk about the potential solutions and if that's how we want to
proceed, then, we schedule them for the appropriate hearing and discussion in a regular
Council meeting.
Chatterton: We will get that cleared up.
Rountree: Okay. Thank you.
Meridian City Council
December 4, 2012
Page 41 of 41
De Weerd: Thank you, Bruce. Anything further from Council?
Bird: I have none.
De Weerd: I would entertain a motion, then, to close the meeting.
Hoaglun: So moved.
Bird: Second.
De Weerd: All those in favor say aye. All ayes.
MOTION CARRIED: ALL AYES.
MEETING ADJOURNED AT 9:02 P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS)
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