HomeMy WebLinkAbout2013-08-20E IDIAN-- CITY COUNCIL REGULAR
MEETING AGENDA
City Council Chambers
33 East Broadway Avenue
Meridian, Idaho
Tuesday, August 20, 2013 at 6:00 PM
1. Roll-Call Attendance
X David Zaremba X Brad Hoaglun
X Charlie Rountree X Keith Bird
X Mayor Tammy de Weerd
2. Pledge of Allegiance
3. Community Invocation by None
4. Adoption of the Agenda Adopted
5. Consent Agenda Approved (Pg. 2-3)
A. Approval of the July 10, 2013 Budget Workshop Meeting Minutes
B. Final Order for Approval: FP 13-034 Bellabrook Subdivision by ZWJ
Properties, LLC Located 300 S. Locust Grove Road Request: Final Plat
Approval Consisting of Twenty-Six (26) Building Lots and Four (4) Common
Lots on 4.38 Acres of Land in an R-15 Zoning District
C. Agreement for Use of Kleiner Park for Barley Brothers Traveling Beer Show
Special Event
D. Award of Bid and Approval of Agreement to Bricon, Inc. for the "8th Street
Park Restroom and Playground -Construction" Project for the Not-To-
Exceed Amount of $131,228.50
E. Professional Services Agreement with TAG Historical Research and
Consulting alb/n of The Arrowrock Group, Inc. for Consulting Services for
the City of Meridian Historical Preservation Commission
F. Cooperative Construction and Reimbursement Agreement for Water and
Sanitary Sewer System Improvements in the Tradewinds Subdivision
Meridian City Council Meeting Agenda -Tuesday, August 20, 2013 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.
6. Community Items/Presentations
A. Hometown Hero Awards Presentation to Devin Johnston, Danyel Stager,
and Zach Eddy (Pg. 3-4)
7. Items Moved From Consent None
8. Action Items
A. Public Hearing: FY2013 Amended Budget of $82,872,393.00 (Pg. 4-6)
B. Public Hearing: FY2014 Proposed Budget of $89,285,963.00 (Pg. 6-11)
C. FP 13-036 Oak Leaf Subdivision by Oak Leaf Development Company, Inc.
Located North of Chinden Boulevard and Approximately a 1/4 Mile East of
N. Black Cat Road Request: Final Plat Approval Consisting of Four (4)
Single Family Lots and Three (3) Common Lots on Approximately 10.10
Acres in an R-2 and R-8 Zoning Districts
Moved to Item 5G on the Consent Agenda (Pg. 11)
D. Public Hearing: RZ 13-006 Fast Eddy's by Steve Eddy Located at 710, 730,
750, 770 & 790 W. Ustick Road Request: Rezone of a 5.52 Acres of Land
from C-N to C-C Zoning District Approved (Pg. 11-15)
E. Public Hearing: CUP 13-006 Fast Eddy's by Steve Eddy Located 710 W.
Ustick Road Request: Conditional Use Permit Approval to Extend the
Business Hours of Operation in the C-C District When a Property Abuts a
Residential Use or District From 11:00 P.M. to 12:00 A.M. on Fridays and
Saturdays in Accord With UDC 11-2B-3A.4 Approved (Pg. 11-15)
F. Public Hearing: RZ 13-005 Bainbridge Subdivision by Brighton
Investments, LLC Located South Side of Chinden Boulevard Midway
Between N. Ten Mile Road and N. Black Cat Road Request: Rezone of 5.85
Acres of Land from the L-O to the R-8 Zoning District Approved (Pg. 15-30)
G. Public Hearing: PP 13-011 Bainbridge Subdivision by Brighton
Investments, LLC Located South Side of Chinden Boulevard, Midway
Between N. Ten Mile Road and N. Black Cat Road Request: Preliminary Plat
Approval Consisting of 551 Building Lots and 55 Common/Other Lots on
191.30 Acres of Land in an R-8 Zoning District Approved (Pg. 15-30)
H. Public Hearing: AZ 13-006 Jack's Place Subdivision by Jack's and Jesse
Place, LLC Located East Side of S. Meridian Road, Approximately 1/4 Mile
North of E. Victory Road Request: Annexation of 5.34 Acres from RUT in
Ada County to the L-O (Limited Office) (1.71 Acres) and R-8 (Medium-
Density Residential) (3.63 Acres) Zoning Districts Approved (Pg. 30-36)
Meridian City Council Meeting Agenda -Tuesday, August 20, 2013 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.
I. Public Hearing: PP 13-010 Jack's Place Subdivision by Jack's and Jesse
Place, LLC Located East Side of S. Meridian Road, Approximately 1/4 Mile
North of E. Victory Road Request: Preliminary Plat Approval Consisting of
Three (3) Office Lots, Twenty (20) Residential Lots and Three (3) Common
Lots on Approximately 4.52 Acres in the Proposed L-O and R-8 Zoning
Districts Approved (Pg. 30-36)
J. Public Hearing: Clerk's Office Fee Schedule Update (Pg. 36-37)
K. Resolution No. 13-938: Update to Clerk's Office Fee Schedule Approved
(Pg. 37-38)
9. Department Reports
A. Legal/Human Resources Department: Ordinance No. 13-1569: Adding a
Human Resources Director Position Bring back on 9/3/13 agenda (Pg. 38-
39)
10. Future Meeting Topics None (Pg. 39)
11. Executive Session per Idaho State Code 67-2345(1)(c) - To Conduct Deliberations
Concerning Labor Negotiations Or To Acquire An Interest In Real Property, Which
Is Not Owned By A Public Agency
Into Executive Session at 7:54 p.m.
Out of Executive Session at 8:32 p.m.
Adjourned at 8:32 p.m.
Meridian City Council Meeting Agenda -Tuesday, August 20, 2013 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 City Council August 20, 2013
A meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday,
August 20, 2013, by Mayor Tammy de Weerd.
Members Present: Mayor Tammy de Weerd, Brad Hoaglun, Charlie Rountree, David
Zaremba, and Keith Bird.
Others Present: Bill Nary, Jaycee Holman, Bruce Chatterton, Sonya Watters, Bill
Parsons, Glints Dolsby, Michael de St. Germain, Chris Amenn, Stacy Kilchenmann,
Todd Lavoie, Steve Siddoway and Dean Willis.
Item 1: Roll-call Attendance:
Roll call.
X David Zaremba X Brad Hoaglun
X Charlie Rountree X Keith Bird
X Mayor Tammy de Weerd
De Weerd: Well, I would like to welcome everyone here this evening. I appreciate -- we
always appreciate friendly faces out in our audience. For the record it is Tuesday,
August 20th. It's 6:00 o'clock. We will start with roll call attendance, Madam Clerk.
Item 2: Pledge of Allegiance
De Weerd: Item No. 2 is our Pledge of Allegiance. If you will all rise and join us in the
pledge to our flag.
(Pledge of Allegiance recited.)
Item 3: Community Invocation by -None
Item 4: Adoption of the Agenda
De Weerd: Okay. No. 4 is adoption of our agenda. If -- Mr. Hoaglun.
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: On tonight's agenda Item 8-C under Action Items, we are going to move that
to the Consent Agenda. All the paperwork has been filed and is in the office in a timely
fashion, so that will be item 5-G and remove it from 8-C. Under 8-K that resolution
number is 13-938 and 9-A is Ordinance No. 13-1569. With that, Madam Mayor, I
moved adoption of the agenda as amended.
Meridian City Council
August 20, 2013
Page 2 of 41
Rountree: Second.
De Weerd: I have a motion and a second to adopt the agenda as amended. All those
in favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 5: Consent Agenda
A. Approval of the July 10, 2013 Budget Workshop Meeting
Minutes
B. Final Order for Approval: FP 13-034 Bellabrook Subdivision by
ZWJ Properties, LLC Located 300 S. Locust Grove Road
Request: Final Plat Approval Consisting of Twenty-Six (26)
Building Lots and Four (4) Common Lots on 4.38 Acres of
Land in an R-15 Zoning District
C. Agreement for Use of Kleiner Park for Barley Brothers
Traveling Beer Show Special Event
D. Award of Bid and Approval of Agreement to Bricon, Inc. for the
"8th Street Park Restroom and Playground -Construction"
Project for the Not-To-Exceed Amount of $131,228.50
E. Professional Services Agreement with TAG Historical
Research and Consulting alb/n of The Arrowrock Group, Inc.
for Consulting Services for the City of Meridian Historical
Preservation Commission
F. Cooperative Construction and Reimbursement Agreement for
Water and Sanitary Sewer System Improvements in the
Tradewinds Subdivision
G. FP 13-036 Oak Leaf Subdivision by Oak Leaf Development
Company, Inc. Located North of Chinden Boulevard and
Approximately a 1/4 Mile East of N. Black Cat Road Request:
Final Plat Approval Consisting of Four (4) Single Family Lots
and Three (3) Common Lots on Approximately 10.10 Acres in
an R-2 and R-8 Zoning Districts
De Weerd: Item 5 is our Consent Agenda.
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Meridian City Council
August 20, 2013
Page 3 of 41
Hoaglun: As previously noted, we moved Item 8-C to 5-G and 5-G now FP 13-036,
Oakleaf Subdivision. And with that, Madam Mayor, I move approval of the Consent
Agenda and the Mayor to sign and Clerk to attest.
Rountree: Second.
De Weerd: I have a motion and a second to approve the Consent Agenda as changed.
Madam Clerk, will you, please, 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. Hometown Hero Awards Presentation to Devin Johnston,
Danyel Stager, and Zach Eddy
De Weerd: Item 6 is under Community Item/Presentations and, Council, I'm going to
move down to the podium. Well, it's always our honor to recognize acts of heroism in
our community and I would like to invite several people to come up and join me as I
read the story of why we have this item on our agenda. So, if Devin Johnston and
Danyel Stager, I believe, was not able to come, and Zach Eddy, if you will come and
join me up here, please. And, Zach, you can't be emotional, because I'm already a real
emotional person. And, again, I think it is always an honor to be able to recognize
individuals who continue to make our community a community that people enjoy living in
and doing business in. This is certainly a special occasion that tonight we want to
recognize the heroic efforts of three individuals in our community. On Thursday, July
18th, a vehicle parked outside of Fast Eddy's gas station on -- just off Ten Mile was
overtaken with -- by a fire with a man still inside the vehicle. Three individuals, all
employees of Fast Eddy's gas station, risked their own lives and took part in rescuing
the driver of the burning car and now I will tell you a little bit about that event. Assistant
manager Devin Johnston noticed that smoke was coming out from under the hood of a
vehicle in the parking lot. At first glance he thought the car was just overheating. Within
moments of seeing the vehicle cashier Danyel Stager said the flames began to
consume the car. The windows shattered and the tires were melting. With all this
happening so fast, those who had gathered around the vehicle noticed that there was
still a man inside the vehicle. Thinking quickly manager Zach Eddy dialed 911, while
Devin rushed into the vehicle, without regard to his own safety, wrapped his arms
around the man and pulled him out. After he was free from the vehicle Danyel provided
the man water and her jacket to help prop his head up until the paramedics arrived.
This is certainly an incredible representation of bravery and character from all three of
these individuals. We are very proud of your willingness to help your fellow being and
Meridian City Council
August 20, 2013
Page 4 of 41
without regard to your own personal safety. Now, I know our personnel -- our first
emergency responders would tell you to not risk your own self, but without thought of
another -- you went in there and you did the right thing and you saved a life without
regard to your own and it's for those reasons that it's with my honor and great privilege
to present you with certificates and we will put together something for the store as well
that you can hang up if you would so desire. But this is the Hometown Hero Award.
These are presented to Meridian residents who perform selfless acts of heroism, going
above and beyond the call of duty in service to others in our community without regard
for attention or personal gain. First I will present this to Zach Eddy in recognition of your
significant role in saving the life of a man from a burning automobile and along with our
congratulations and our heartfelt thanks for what you were willing to do. And, Zach, I
also have some tickets for you to the Meridian Speedway to enjoy as well. Okay.
Devin, this, too, is presented to Meridian residents who perform selfless acts of heroism,
going above and beyond the call of duty in service to others in our community without
regard or attention for attention or personal gain. This is presented to you in recognition
of your significant roll in saving the life of a man from a burning vehicle and, again, with
our heartfelt thanks and sincere appreciation. And we also do have a certificate, too, if
you could also share this with Danyel. We appreciate the role that she played in this as
well and again, I can't thank you enough for what you did. It was a selfless act and
appreciate certainly the role that each of you played in this. So, thank you. Would you
like to say anything?
Rountree: It's not required.
De Weerd: It's not required. Certainly on a personal note we do know the Eddy family.
They have invested extensively in our community and so now I will do it. This -- this just
shows another example of what a valued business you are in our community and we
thank you.
Item 7: Items Moved From Consent
De Weerd: Okay. There were no items moved from the Consent Agenda.
Item 8: Action Items
A. Public Hearing: FY2013 Amended Budget of $82,872,393.00
De Weerd: So, we will move to Item 8 under Action Items and I will open the public
hearing for fiscal year 2013 amended budget of 82,872 or 872,393 thousand -- or
whatever. I have to take a breath. And you all don't really have to stay for this.
Lavoie: Madam Mayor, Members of the Council, it's a tough one to follow -- the honor
and bravery that they had, but I'm going to do my best to make budget talk exciting. I'm
here to present to you the 2013 budget amendments. I'm going to discuss the items
that were presented to you throughout the year. So, basically, we are going to go for a
year in review. Fiscal year 2013 budget year review. So, we are going to talk about the
Meridian City Council
August 20, 2013
Page 5 of 41
overall city budget, which increased 3.35 percent from the beginning of the year to
today, then, the General Fund increased 15.6 percent throughout the year and, then,
the Enterprise Fund actually went down 3.6 and I will go into detail over each fund as
we go. Please ask questions as I go through this. So, the overall city budget, as we
talked, went up 3.35 percent. The original budget was 80.1 million. We finished the
year with 82.87 million dollars. And as you can see throughout the year we approved
budget amendments that increased the personnel operating expense eight point --
about eight percent and, then, we also increased our capital a little over 11 percent
throughout the year. The carry forward where it says down 32 percent, that's a little
complicated, it's a budgetary factor that we start in July and, then, we adjust in January.
So, we expect those numbers to always go down every single year. So, the two key
components here are personnel and operating and the capital. Those are the two that I
think we want to focus on. So, the overall budget for the city went up 3.35 percent.
Throughout the year the city departments presented to you 44 amendments, again,
increasing your budget by a 3.35 percent total. General Fund presented 31 of the 44,
Enterprise presented 11 and, then, we also had two amendments for the Capital
Improvement Fund. So, that gets us to the General Fund. The General Fund, as we
said, went up 16.6 percent. Your personnel and operating expense went up 12.75
percent throughout the year. Your capital went up 14.95. Again, the carry forward we
should see it go down every single year. So, we started the year off at 38 million, a little
over that. We ended the year a little bit over 44 million. Some of the major items that
you approved during the year -- obviously, the first one is the Petra lawsuit. We also
had some grant awards that were granted to us. We had a Generations Plaza retrofit.
And, then, we also had some transfers from the CIP that increased the budget by two
million dollars. That takes us to the Enterprise Fund. The Enterprise Fund was down
3.6 percent in whole. Throughout the year they did not request any changes to their
personnel or operating. Their capital went up 8.17 percent and their carry forward went
down 52 percent. Like I said we should see that go down every single year. So, they
started off the year at 41 million and they finished it a little over 39.5. Again, Enterprise
Fund presented about 11 amendments to you. The items of -- the bigger items that
they presented to you were water line extensions, 889,000, centrifuge replacement 214,
and, then, Well No. 15 they had 130,000 dollars in those requests. And with that that's
your year in review for the budget amendment of 2013 and I stand for any questions.
De Weerd: Thank you, Todd. Council, any questions?
Rountree: I have none.
Bird: None that I haven't asked before.
De Weerd: Okay. This is a public hearing
comment or testimony on this item.? Okay
2013 --
Is there anyone who would like to provide
Stacy. Do you have any comment on that
Kilchenmann: Oh. No.
Meridian City Council
August 20, 2013
Page 6 of 41
De Weerd: Okay. Well, I will go ahead and entertain a motion from Council. If you
would like to close the public hearing on that item.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: Seeing no further testimony approaching, I move we close the public hearing
on the fiscal year 2013 amended budget.
Rountree: Second.
De Weerd: I have a motion and a second to close the public hearing on this item. All
those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
B. Public Hearing: FY2014 Proposed Budget of $89,285,963.00
De Weerd: Our next item, Item 8-B, is a public hearing on the fiscal year 2014
proposed budget of 89,285,963 dollars. And l will turn this over to our CFO Stacy.
Zaremba: Do we want to adopt the amended first or do them both at once?
Nary: Madam Mayor.
De Weerd: Mr. Nary. You over there
Nary: Madam Mayor, Members of the Council, we will have the amended budget
ordinance on for approval next Tuesday.
Zaremba: Okay. Thank you.
Kilchenmann: Okay. So, welcome to the 2014 budget hearing. This will be fairly brief.
Not quite as brief as 2013, so I hope if anyone in the audience has questions or any of
you have questions you ask me. It does seem like we did it rather rapidly, but the back
story is that we spent several -- well, two days with all of us together and, then, also
several months working on this budget. So, the two starting slides just show the budget
broken down by funding resources and broken down by budgeted expenses. So, the
expenses show it by major programs. A couple of accounting details that we always
talk about -- Todd talked a little about it -- of course, is the carry forward. What that
means if we have large projects that we don't complete in one year, so we have to
rebudget those in the next year and we refer to those as the carry forward, which carry
forward inflates our budget, changes our budget as we talk about through the year. We
also did something that we call transfers. We transfer 50 percent, basically, of support
services to the Enterprise Fund to do their payroll, to do their legal work, accounting, et
Meridian City Council
August 20, 2013
Page 7 of 41
cetera. We transfer 15 percent of the Mayor's office personnel, excluding the Mayor,
like the public information spokesperson, to the Enterprise Fund and, then, we also split
City Hall cost between all the departments. We will try to do those transfers, but what
we call below the line, so you can see the cost of the program, but you will see
throughout the presentation the way the budget is noticed you might see it listed as a
program itself and the one you see basically is the admin transfer to the Enterprise
Fund. We also use the term use of fund balance as a funding term. This is generally --
we use it, of course, for the carry forward, but we also use it for -- we have what we call
savings accounts where we plan to put aside money and we are going to use those to
fund capital projects. So, this is what our total budget looks like, comparing FY-14 to
prior years. The final budget -- a couple things to note. The total budget increased six
million or eight percent over FY-13. Again, we have got carry forward increasing 154
percent. And like Todd said, by the time we get to January we will have removed the
amount that gets spent during this year. Overall -- and this is the whole city, both -- all
funds. Personnel increased five percent, with operating going down 36 percent. We
made a kind of big budgeting change this year in that we stopped budgeting
depreciation for the Enterprise Fund. The reason we stopped doing that is basically
when we did the budget we were doing it on a cash basis, but we would stick in that
depreciation and it really distorted the picture. So, the depreciation last year was 6.3
million dollars. So, that makes the Enterprise Fund go down significantly. And, then,
we have some big one time General Fund items in '13 that were removed. So, if
anybody goes back and looks at these graphs comparing the categories, those are
some of the big differences. I'm going to start with the Enterprise Fund. The Enterprise
Fund budget for FY-14 is 45 -- about 45.5 million, for the budget increase of 14 percent.
So, there you see the comparisons year to year and the breakdown and, again,
remembering that depreciation expense change of 6.3 million dollars. Carry forward in
this budget is big right now. It's at 12.7 -- or 12.7 million dollars. So, that's the big
reason for the increase. And, again, we will see that change. I'm going to talk just a
little bit about the Enterprise Fund revenue sources. There is principally two sources of
revenue. The fees people pay when they connect to the utility system and, then, our
utility sewer and water sales. So, those accounts -- the importance of those two
sources has -- shifts depending on what the construction -- what development is doing.
So, since 2006 the utility sales have been the major source of revenue for the
Enterprise Fund and if you look at the top graph you see that's dominated by sewer
usage, because the sewer system is much more expensive to operate than the water
system, so that top -- that top pie combines all of the funds -- the new funding sources
for the Enterprise Fund. Sewer sales, though, the important one -- they pretty
consistently grow at three percent per year the past few years and that's the amount of
account growth. So, accounts have been growing about that much and revenue has
been growing about that much. So, pretty much we target the budget, hit the budget.
Water on the other hand, has had a few explosive years lately and I think this year it will
probably definitely exceed what I budgeted for it and maybe next year -- but I'm hoping
not, because I'm hoping it cools down and rains, but -- so, the water -- when you look at
this revenue budget, the water probably is too conservative. But it's -- I'm conservative
and it seems risky to plan on the weather. So, that kind of shows the growth compared
to the number of accounts on the bottom graph. The other funding source are the
Meridian City Council
August 20, 2013
Page 8 of 41
connection fees and those are driven by development and building. So, again, in '13
they probably will be over budget -- or they will exceed the budget by at least two million
dollars and probably could be more and I -- at the far right I have highlighted the two
bars, because I budgeted their revenues about a 12. So, throughout this budget I will
talk about I budgeted construction development about at 12 and they probably will be
greater next year than what I budgeted. So, that money rolls into fund balance and
that's used to fund future construction and lalways -- you know, we have had growth
this year, we had some growth in '12, but I always go back and look at my graphs and
when it dropped off and say construction development equals uncertainty when you're
budgeting revenue. So, I will briefly go through their enhancements and (just -- I have
lumped them together. I'm not going to list every one. So, for personnel and operating
their enhancement request is 2.4 million and their budget -- you see their entire budget
over in the graph is 16 million. Their budget is almost equally split -- their P&L between
personnel and operating. So, they did not ask for any personnel additions this year.
They did get a big transfer -- almost a million dollars from the General fund, so they paid
for part of the fiber project that I will talk about in the General Fund. They paid for half
of an HR director, half of an IT -- some IT positions and half of an accounting position.
Water. The other larger thing, water has 735,000 in operating for a variety of items, well
treatments and software implementation. Wastewater had 260,000 pretty much for a
new lab and admin building -- or furniture and fixtures for the new building. So, if we
look at water capital requests of 4.2 million dollars and some of their larger items is the
final funding for the ground -- for ground reservoir number, 1.2 million. At wells, lines,
and mains for 2.1 million. They are looking for land for ground reservoir -- I have that
reversed. Ground reservoir number two for 350,000. More funding for SCADA for
400,000 and, then, they are doing their own fiber project for 200,000. Wastewater new
capital is 11.7 million, so, again, wastewater is a big -- big department here. They are
finishing the lab -- the new admin lab and operations building for 6.2 million, making
continued plant improvements for 1.5 million. Making some improvements to the
ground and, again, more to the plant and maintenance for 1.1 million. Doing line, main,
and replacements for 2.1 million and, then, their fiber and some SCADA improvements
and lab software for 715,000. That's is the Enterprise Fund. The General Fund I'm
going to talk a little bit first about the funding sources. So, the graph -- the bar graph is
one I always show during a public hearing and do a budget time and that yellow -- that
bright yellow shows the amount of money we have when we sit down and we spend
those two days and the directors spend time and say what can we do next year. What
new programs can we do. We call it in budget lingo discretionary revenue. As you can
see it gets a little smaller and a little smaller each year. This year we started out and we
had two point -- about 2.6 million dollars available to spend on enhancements. We did
replacements and capital of 1.3 million dollars, which is a little higher than we usually
do, which I will talk about later. So, when we -- after we did that we had 1.2, 1.3 million
available for budget additions. We also used some other funding sources. So, we used
some fund balance amounts per our capital improvement plan, 4.3 million. We use
impact fees of about 1.5 million. We had some transfers, which those are basically
extra funding from rural fire. Then we also had that split with the Enterprise Fund. The
Enterprise Fund gave us 219 -- well, they didn't give us, but they are supporting those
admin staffs for 293,000 and, then, sharing the fiber project with us for 700,000. So, in
Meridian City Council
August 20, 2013
Page 9 of 41
addition to just our new revenue that we forecast to bring you for FY-14, we used almost
seven million dollars in other funding sources. So, the revenue assumptions I used are
conservative. I tried to look long term and ignore growth spurts and pick ups and ups
and downs. The total budget revenue increased six percent over the FY-13 budget and
I used again the model of FY-13 activity -- or FY-12 activity and those charts show you
residential and commercial building permits. The FY-12 is where I budgeted '14 and '13
is where we are year to date -- or where we were year to date in June. You can see
that we are doing better than budgeted and better than '12 in '13, but we use that
excess revenue -- those enrolled into our capital improvement plan into the balance.
Another thing about our revenue is that our rural district expense sharing reduced from
20 percent to 16 percent. So, it was about 300,000. Kind of made up for that, because
they changed -- the state caught up with the new population figures and changed how
sales tax is calculated, which increased our share of the pie. And I talked about the
building permit level I used. Franchise fees and court revenue, those are probably our
next largest sources of revenue. They don't change much. And any increase in parks
recreation revenue is offset by cost. So, this is kind of what our new revenue looks like
at 34.8 million dollars and where the bulk of it comes, which is from property tax. I also
wanted to talk -- touch a little bit on fund balance. So, what I looked at is where will the
fund balance -- where do I think the fund balance will be on October 1st, '14. Or first.
So, that's just a month and ahalf -- or a couple months away. So, we begin the year --
or we ended -- or we estimate we will end the year if we spent everything we budgeted,
which we always make that assumption that we will eventually spend all our capital
projects at 14.8 million. We conservatively will have at least 1.2 million dollars from
building activity. We used 1.9 million net to balance the '14 budget, then, we -- so, that
leaves us a starting year about 14 million, then, we do our walk -- pretty large operating
reserve, ten million, so that leaves us starting '14 with 3.7 million dollars. So, you can
see we are kind of going back into saving mode now. So, just a little bit about property
tax. We always have to stress that all the property tax numbers are preliminary. We
don't have final numbers. So, this year we have the -- in '14 we will have the impact of
the new personal property tax exemption, so for the current year we are allowed at all --
all of the personal property tax in to calculate our levy rate and they will calculate a levy
rate and they will calculate the amount that will be our replacement and if I read -- if I
read the law right or if I read the -- yeah, the law right, that will be the amount we will get
from now on out. It won't change. And they said there are some technical problems
with the bill that will need to be fixed next year. Next legislative session -- or session.
So, our taxable value of the whole city increased 13.5 percent. That's a pretty big
increase considering we were -- we were seeing pretty major decreases not too long
ago and our levy rate decreased about six percent so far. We just --just a note that our
exemptions that have been passed in the last two years total about 24 percent of our
total market value. So, when I talked about our market value increasing then, you have
to take out all these new exemptions that we have been dealing with. The
homeowners, which, of course, has been here for a long time. We have the speculative
land, the site improvements, miscellaneous for certain industries and now we have the
personal property tax. So, for our 20.5 million dollars in property tax revenues, new
construction, which was a value of 127 million, is 570,000 dollars worth of property tax.
We got a whopping 3,000 dollars from annexation and our base increase was 480,000.
Meridian City Council
August 20, 2013
Page 10 of 41
Talking about property taxes is almost as fun as a burning car. Okay. So, to wrap up
and go through the enhancements, the General Fund, a '14 budget of 43.2 million
dollars. Our operating expenses decreased. We had a few unusual items in '13. We
had an impact fee payment to rural fire of 600,000 dollars. And we past the impact fees
through them to repay them for the Fire Station 5 that they built and we had the -- as
Todd talked about, the final settlement in the City Hall legal matter. The carry forward
has increased, so that makes our budget look larger and that's because we have a few
large projects that we have been saving for and adding money to that are building up.
The '14 budget, as I mentioned before, has a larger amount for replacement and
computers than normal. For example, it's usually around 700,00 and the reason is that
we are replacing a fire engine for 4.2 million, which is pretty -- which is substantial
compared to the things that are usually on our replacement list. Personnel increased --
expense increased five percent and we have 6.7 million dollars in new capital projects
compared to four million last year -- or this year. So, I'm just going to briefly go through
what our major enhancements are in the General Fund with a break out of what the
General Fund looks like on the personal operating side and the new capital side and
always noting public safety makes up the majority of our General Fund budget. This
budget does include a transfer of 1.9 million from the -- from the administration of the
Enterprise Fund. So, that is in admin. So, the admin budget request this year is 2.2
million -- 1.2 million and includes two new City Council members, so we have their
salary and their benefits. The large item is 1.4 million that we will split the Enterprise
Fund for our fiber project. We have some smaller programs that were funded. Street
lights -- we have an additional Valley Ride transportation amount. We have some
funding for the historical society website in mind, city survey, all smaller projects. IT
replacement servers and computers total 237,000. Many of those are different --
different departments to the budget but are managed by IT. We have a new IT
computer specialist and IT administrative assistant. A financial analyst for the
accounting department and an HR director. Community Development, they have two
small enhancement requests, 30,000 for -- to add to the North Meridian Planning
existing funding and some enhancements for the software. Parks Department has over
500,000 dollars in impact fee projects. They are putting a well in the 77 acre park,
which isn't annexed, but need to preserve the water rights. Park master plan and some
construction documents. We are putting some -- saving money towards the field house,
doing our pathway projects that we do every year and, then, acost-share landscape
project with ACHD. The Police Department. They have replacement capital of about
360,000. Mostly for vehicles. They have been doing their -- they are changing their
animal control services model from in-house to contracting the Idaho Humane Society.
So, that's something they have worked long and hard to do and when it all comes out
net only a 137,000 dollar annual increase. They are adding a special victim's
investigative -- investigation detective and, then, we added some more money to our
savings account for a new training center. Fire. So, they have the replacement and --
vehicle and equipment budget of 800,000 with -- I talked about the fire truck that was a
large item and, then, they are also doing some major replacement of cardiac monitors.
They are hiring a records clerk. They are asking for one additional staff vehicle and,
then, they have various small items of equipment that total about 257,000. So, that
concludes FY-14. Are there any questions?
Meridian City Council
August 20, 2013
Page 11 of 41
De Weerd: Council, any questions for Stacy? No? Thank you. We have been
listening to -- we have been involved in our budget since February, so we have asked
all of our questions. Any comments or questions from members of our public?
Bird: Madam Mayor?
De Weerd: And to our Boy Scouts that's for sitting through our budget presentation.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we close the public hearing on FY-2014 proposed budget of 89,285 --
Zaremba: Second.
Bird: -- 963 dollars.
Zaremba: Oops. Second.
De Weerd: I have a motion and a second to close the public hearing on Item 8-B. All
those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
De Weerd: And as Mr. Nary had informed us, these will come back in ordinance form at
a future meeting.
C. FP 13-036 Oak Leaf Subdivision by Oak Leaf Development
Company, Inc. Located North of Chinden Boulevard and
Approximately a 1/4 Mile East of N. Black Cat Road Request:
Final Plat Approval Consisting of Four (4) Single Family Lots
and Three (3) Common Lots on Approximately 10.10 Acres in
an R-2 and R-8 Zoning Districts Moved to Item 5G on the
Consent Agenda
De Weerd: Item 8-C was moved to the Consent Agenda.
D. Public Hearing: RZ 13-006 Fast Eddy's by Steve Eddy Located
at 710, 730, 750, 770 & 790 W. Ustick Road Request: Rezone of
a 5.52 Acres of Land from C-N to C-C Zoning District
E. Public Hearing: CUP 13-006 Fast Eddy's by Steve Eddy
Located 710 W. Ustick Road Request: Conditional Use Permit
Approval to Extend the Business Hours of Operation in the C-
Meridian City Council
August 20, 2013
Page 12 of 41
C District When a Property Abuts a Residential Use or District
From 11:00 P.M. to 12:00 A.M. on Fridays and Saturdays in
Accord With UDC 11-2B-3A.4
De Weerd: So we will move to the public hearing on Item 8-D, which is for RZ 13-006. I
will open this public hearing with staff comments.
Watters: Thank you, Madam Mayor, Members of the Council. The next applications
before you are a request for a rezone and conditional use permit. This site consists of
5.52 acres of land, is currently zoned C-N, and is located at 710, 730, 750, 770, and
790 West Ustick Road at the northeast corner of West Ustick and Venable Lane. There
is an existing Fast Eddy's car wash, convenience store, and fuel facility at the corner of
Venable and Ustick. There are existing office buildings on the other lots on this site.
The convenience store was approved to operate 24 hours a day as a provision of the
currently development agreement. The applicant is requesting approval to rezone the
5.52 acre site platted as Cedar Springs Subdivision No. 6 from the C-N to the C-C
zoning district, consistent with the future land use map designation of mixed use
community with a neighborhood center overlay for this site. The applicant proposes to
move the convenience store and adjacent building on a lot to the east from here to the
one right here. Fronts on Ustick. The existing C store will then be used for storage.
This is the site plan. This is the existing convenience store here and Mr. Eddy is
proposing to move it over here to the east. The primary reason for the rezone is for
extended hours of operation for the convenience store in the new location. The current
C-N district limits hours of operation from 6:00 a.m. to 10:00 p.m. In the proposed C-C
district business hours are restricted from 6:00 a.m. to 11:00 p.m. when adjacent to a
residential use or zone. However, the unified development code does allow for
extended hours to be requested through a conditional use permit. Because there is an
existing residential use that abuts this site to the east, the applicant is requesting a
conditional use permit to extend the hours of operation of the convenience store from
5:30 a.m. to 11:00 p.m. Monday through Thursday and 5:30 a.m. to 12:00 a.m. Fridays
and Saturdays. Back up here for a minute to the aerial. This is where the existing
residence is located. That is the only one that abuts this site. The Commission
recommended approval of the proposed rezone and conditional use permit. Steve Eddy
testified in favor. No one testified in opposition or commented on the application. Steve
Eddy, the application, submitted written testimony in response in agreement with the
staff report, as did Clyde Brenniger, the neighbor -- residential neighbor property owner
to the east submitted a letter in support of the application. Key issues of the discussion
by the Commission. They discussed pretty heavily that the UDC does now allow
requests for extended business hours of operation in the C-N district, thus necessitating
a rezone solely for business hours. The Commission did not make any changes to the
staff recommendation and no written comment has been submitted since the
Commission hearing. There are no outstanding issues for Council. Staff will stand for
any questions the Council may have.
De Weerd: Thank you, Sonya. Any questions for staff?
Meridian City Council
August 20, 2013
Page 13 of 41
Rountree: I have none.
Bird: I have none.
De Weerd: Thank you. Would the applicant like to make comment? I thought we
would have Tracy come up.
Eddy: He's scared. Steve Eddy. 770 Ustick, Meridian, Idaho. Madam Mayor,
Members of the Council, I think Sonya has done a good job of explaining what we are
trying to do here and I think we went and met with the only residential owner to the east
and he agreed with our proposed use, so I really just would like to answer questions if
guys have any questions.
De Weerd: Thank you. Council, any questions?
Bird: I have none.
Rountree: Madam Mayor. Were there comments from ACHD?
Eddy: No.
Watters: I don't believe I received any.
Rountree: Okay.
Eddy: ACHD did comment and there is two pedestrian ramps they want replaced and,
then, they didn't really see, as we didn't see, any adjoining or new traffic issues or
concerns. They read it pretty much exactly the same.
Rountree: Okay.
Eddy: So, we have that comment from them.
Rountree: Thank you.
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: I was going to ask a similar question. I didn't know where Councilman
Rountree was going with it, but it looks like, then, the main access for the new store
would be the entrance to the east. I know when I go there there is -- I can go into the
turn lane and turn on West Venable or go up and if there is heavy traffic coming from
the light from the east you block traffic that's headed east, because there is no turn lane
there and that's why I was kind of curious to see if ACHD was requiring any turn lane --
center turn lane at that location, because there are times with park activities and
Meridian City Council
August 20, 2013
Page 14 of 41
different things it just is a bottleneck and if people would turn at West Venable it really
helps, but some just don't realize it or don't care, but anyway -- so, that's why I was kind
of curious what ACHD had to say, which is nothing.
Eddy: And I think part of their reasoning was is with the new road they are proposing
right now and the meeting being just last week on that road. That will be repaired with
the extension improvements on Ustick Road. I'm assuming that's why.
Hoaglun: Yeah. And, Madam Mayor and Mr. Eddy, yeah, I believe that's -- but I -- do
you remember what the time frame was for that? I can't recall off the top of my head.
Eddy: Well, they showed acquisition and planning now and in '14, acquisition in '15
and, then, when I met with them they haven't -- from what they told me decided if they
are going to start at Ten Mile or start at Locust Grove, which way makes more sense.
They have more right of way already acquired they said from Ten Mile headed east than
they do the other leg, but it's '15 or'17 is what -- the closest they can tell me.
Hoaglun: Okay. That's what I thought I knew, it was out there a ways, but just -- thank
you.
De Weerd: I think probably closer to '17. Any other questions?
Rountree: I have none.
De Weerd: Okay. Thank you.
Eddy: Thank you.
De Weerd: This is a public hearing. Is there anyone who would like to provide
testimony on this item? Okay. Council, seeing none.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Hearing no more public testimony, I move we close the public hearing on RZ 13-
006 and CUP 13-006.
Rountree: Second.
De Weerd: I have a motion and a second to close the public hearing on Items 8-D and
E, public hearings for RZ 13-006 and CUP 13-006. All those in favor say aye. All ayes.
Motion carried.
MOTION CARRIED: ALL AYES.
Meridian City Council
August 20, 2013
Page 15 of 41
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move that we approve RZ 13-006 and include all staff and applicant comments.
Rountree: Second.
De Weerd: I have a motion and a second to close -- or to approve Item 8-D. If there is
no discussion, Madam Clerk.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve CUP 13-006 and to include all staff and applicant comments.
Rountree: Second.
De Weerd: I have a motion and a second to approve Item 8-E. 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: I will say Fast Eddy's has quickly established a reputation that other
communities desire. You always provide a facility that is nothing like anyone else sees
and I know this -- this particular location's kind of bothered you, because you bought it
as is and I can only anticipate you're going to bring it into the standards that you have
set for yourself and you're raising the bar. So, thank you for being here and, again,
Zach, thank you so much for all that you have done. ]
F. Public Hearing: RZ 13-005 Bainbridge Subdivision by Brighton
Investments, LLC Located South Side of Chinden Boulevard
Midway Between N. Ten Mile Road and N. Black Cat Road
Request: Rezone of 5.85 Acres of Land from the L-O to the R-8
Zoning District Approved
Meridian City Council
August 20, 2013
Page 16 of 41
G. Public Hearing: PP 13-011 Bainbridge Subdivision by Brighton
Investments, LLC Located South Side of Chinden Boulevard,
Midway Between N. Ten Mile Road and N. Black Cat Road
Request: Preliminary Plat Approval Consisting of 551 Building
Lots and 55 Common/Other Lots on 191.30 Acres of Land in an
R-8 Zoning District
De Weerd: Okay. Item 8-F and G are public hearings on RZ 13-005 and PP 13-011.
Open these public hearings with staff comments.
Watters: Thank you, Madam Mayor, Members of the Council. The next applications
before you are a request for a rezone and a preliminary plat. This site consists of 191.3
acres of land, currently zoned R-8 and L-O and is located on the south side of West
Chinden Boulevard between North Ten Mile and North Black Cat Roads. This property
was previously included in preliminary plats for Bainbridge and Keego Springs
Subdivisions in 2005. Bainbridge preliminary plat is still valid, while Keego Springs has
expired. The applicant proposes to rezone 5.85 acres of land along the northern
boundary of the site adjacent to Chinden -- the little portion you see here in purple --
from the L-O to the R-8 zoning district. The proposed R-8 zone is consistent with the
medium density residential future land use map designation for this site. A church was
originally planned for this area, but ended up being constructed on the east side of the
development adjacent to Ten Mile on the purple area here. The current development
agreement requires conditional use approval of all future uses on preliminary plat lots
two and three, Block 15, which is the L-O zoned portion proposed to be rezoned and the
surrounding R-8 portion planned for residential development. The applicant intends to
apply for amendment to the development agreement to remove this requirement. Staff
recommends when the agreement is amended that the existing provisions in the Keego
Springs and Bainbridge development agreement be incorporated into one new
agreement, which would replace the existing development agreement. Preliminary plat
is proposed consisting of 551 single family residential building lots and 55 common
other lots on 191.3 acres of land in an R-8 zoning district. A phasing plan was not
submitted with this application. Access is proposed via Broadbent Way, a collector
street, that runs along the north boundary of the property off of Chinden and Ten Mile
Roads and local streets are provided for internal access and from Black Cat Road on
the west. Staff is concerned with the configuration and access to the lots at the
southeast corner of the site noted in red here and would like the applicant to address
the plan for this area. The area to the south is zoned for commercial uses and a public
stub street is not shown on the development plan that the city does have on file. Just
another note, the applicant is showing a stub to the south boundary here. As staff was
looking at the development to the south, Volterra, it came through a couple different
times as preliminary plats. The first preliminary plat did show a stub to the north in this
location, which is what the applicant matched. The most recent plat that was approved
for Volterra did not show a stub here. It currently appears that this stubs to either a
common area or as mentioned that it might possibly be the school owned property here
and this road may be extended still. So, there is a little bit of question there. Staff did
Meridian City Council
August 20, 2013
Page 17 of 41
not require this stub street be extended to the south, because of the current
configuration of the approved plat in this area with the Council on that. Street buffers in
accord with the UDC standards are proposed along Black Cat, Chinden, Ten Mile, and
Broadbent. A segment of the city's multi-use pathway system is required along
Chinden. A total of 31.66 acres of land or 16.55 percent of the site is proposed for open
space, consisting of detached sidewalks with parkways, street buffers, a large open
grassy area and a 7.43 acre public park that has been dedicated to the city and that's
this large area here. Nine site amenities are required to be provided based on the area
of the development. The applicant proposes to provide pedestrian pathways leading to
and around the public park. An additional five percent open space, amulti-use pathway
along Chinden, fitness stations, sports courts, picnic areas and two to three play
structures. This is a color version of a plan that shows the landscaping. Building
elevations showing a variety of styles have been submitted that appear to be of quality
design and materials in accord with the city's design guidelines for residential
developments. The Commission is recommending approval of this application. Mike
Wardle testified in favor at the public hearing. No one testified in opposition or
commented. Mike Wardle submitted written testimony in response to the staff report.
At the applicant's request there were several changes approved by the Commission to
the conditions as shown in Exhibit F -- excuse me -- Exhibit B of the recommendation
document you should have there. Key issues of discussion by the Commission were
the design of the lots at the southeast corner of the site as I previously mentioned and
their access from the commercial development to the south. Access to the school
property via a pathway along the southern boundary of the site. Again, this is the
school property here and it does expand to the south here. The requirement for the
removal of the planter islands in the cul-de-sacs and emergency access to the cul-de-
sac lots. Those were shown in the little bulb outs here you see. And the requirement
for compliance with block length standards. Mike Wardle did submit written testimony
since the Commission hearing in response to the recommendation to Council and the
applicant is in agreement with everything now but the block length requirement. The
Commission was not in favor requiring Blocks 9 and 31 to be revised to comply with the
minimum block length standards required in the UDC and recommended Council
approve a waiver to this requirement. That is covered under condition number 1.2.1 C.
Just to note, the UDC does not allow for a waiver to block length requirements. A
variance would be required if Council chooses to pursue that and entertain the approval
of such. Staff will stand for any questions Council may have.
De Weerd: Thank you. Council, any questions?
Hoaglun: Madam Mayor, question for Sonya on that. I just want to make sure I
understand that. Reading the box here it talks about how it was -- they are -- are
exactly as approved in the original Keego Springs project and the still valid larger lot
area of the original Bainbridge preliminary plat. So, what I was kind of curious about --
we require a variance, but if it hasn't changed doesn't it still apply to those block lengths
or -- can you enlighten me on is there a change that requires a variance?
Meridian City Council
August 20, 2013
Page 18 of 41
Watters: Madam Mayor, Councilman Hoaglun -- correct me if I'm wrong, Mr. Nary, but
the previous plat was under -- reviewed under a different code. Our ordinance has
changed since then. This is a new preliminary plat, therefore, staff has reviewed it for
compliance with current city code. Although it may be in the same configuration and
design whether or not it complied with the ordinance at that time or whether staff missed
it at that time -- it's not quite in compliance with our current city code.
Hoaglun: Okay. So, this is a new plat?
Watters: Anew plat. Yes.
Hoaglun: Thank you.
De Weerd: Okay. Any other questions for staff?
Rountree: Madam Mayor?
De Weerd: Yes, Mr. Rountree.
Rountree: The comment from the Commission -- requirement for removal of the planter
islands in the cul-de-sacs and emergency access to the cul-de-sac lots. Does that
mean you're removing the emergency access to the cul-de-sac lots or you're supposed
to be providing access to the cul-de-sac lots?
Waters: The fire department -- excuse me, Mayor and Councilman Rountree,
Councilmen, if I understand you correctly I will try to answer your comment question, but
the fire department requested that the cul-de-sac planter islands be removed for ease of
access to those lots located at the end of the cul-de-sac there. They have problems --
speak up here if they -- they have problems sometimes with people parking on both
sides of the planter islands and, then, the -- if there is an emergency the fire truck is not
being able to make the turn and get around those or access that area.
De Weerd: Any other questions for staff at this point?
Rountree: I will just remove some language to this comment, then, apparently.
De Weerd: Okay. Would the applicant like to make comment? Good evening.
Wardle: Good evening. Madam Mayor and Members of the Council, Mike Wardle,
Brighton Corporation, 12601 West Explorer Drive in Boise.
De Weerd: Thank you.
Wardle: If we need to get into a lot of detail this evening I do have a no tech
presentation that I would hand out, but I think we can address the issues from the
graphic that's on the screen in front of me at this point. I would note that one of the first
Meridian City Council
August 20, 2013
Page 19 of 41
comments that Sonya made was the fact that the Bainbridge portion of this project is
still valid. What is new about this application is the merging of what was formally Keego
Springs, which lost its approval status several years ago, because it was not removed,
but in reality we have simply incorporated those two projects together. Brighton will
develop both parcels. In addition, with the change that staff's noted from the church site
-- and I'm not certain if I'm technically competent to do this, but there was a church site
originally up here at the corner of Chinden and what is now Tree Farm Way. That
church site was moved over to the Ten Mile location and as a result the change of zone
from the L-O that was originally there for the church and, then, the detailing of the area
around it, which was not originally platted in the preliminary plat. So, the only things
that have occurred with Bainbridge are just that relocation and some adjustment in the
lots associated with that change of church site. Nothing else changed in the project with
one other -- with one other exception that is initially in the original preliminary plat we did
not have a connection from that southwesterly corner into what is now Keego Springs
and I'm -- if I push the red button up here does that get me the --
Watters: Yes.
Wardle: Okay. That roadway connection was not originally there. Keego Springs came
in later and so when they showed their roadway stubs and they had the two that are
shown, we provided linkage between the two with that roadway extension from that
small park area. Their access points have not changed. We did merge the two projects
together, but we stayed consistent with what was originally approved in Keego, but what
is still valid in Bainbridge. Now, the other lots that are -- excuse me -- block length issue
is that particular segment. That block has not changed from the original to the existing
and, again, it is still valid. So, I suspect that maybe we are dealing with a technical
question, but from our perspective it becomes substantive, because it means modifying
by some additional elements that we don't necessarily take -- if it was a pathway or
something it does not take people anywhere that they would necessarily need to go, it
would just be a technical hoop to be jumped. With regard to Councilman Rountree's
question about the cul-de-sac planters -- and that applies only to those areas and I
would simply note that while this fire department recommended that they not be there,
in reality they are placed in projects that we continue to do today. We do planter areas
in cul-de-sac -- in this case knuckles as they are so called. If those planters were not
there -- and they do not impede -- we still meet all fire department standards in terms of
asphalt width and clearances and, frankly, they are no parking areas as a result. But if
those planters are not there they become huge seas of asphalt and they are greatly --
well, they're unsightly and not -- not a very good community amenity. So, this is really
nothing new. These are not being proposed in kind of a new -- in fact, in our project to
the north, Spurwing Greens, we have a number of these that have been platted within
the last several years.
De Weerd: I have one in front of my house and other than the occasional motorist who
gets confused and thinks they need to drive through it -- it's all good.
Meridian City Council
August 20, 2013
Page 20 of 41
Wardle: Thank you, Madam Mayor. I -- this we don't consider -- we think that this is an
important amenity to be retained. It's certainly not a life safety issue from the
perspective of the fire department, because we will meet all of their standards and
requirements. Sonya did mention the area in the southeast corner and we did indicate
at the time of Planning and Zoning Commission consideration that we would address
that issue. The Volterra project has actually not revised their preliminary plat for that
portion of their project, but it was consistent when they originally went through the
process. So, if they have, indeed, made and committed to changes there we will
address that question before we come back with any final plats in that area. So, it's
something to be looked at, but it's not a critical design issue at this point. We would
note, however, that it was -- and that's -- yes. Sonya has pulled this up, but this is a
change that has been made since the original platting was done. They had not
preliminary platted this of their project. Their preliminary plat modifications were to the
west. So, we will deal with that question by the time we get to and we are still waiting
and waiting and waiting for the Volterra folks to provide us with their CAD drawings so
that we can mesh these two projects together. One of the conditions required that we
do that, so that we can make certain that all of these stubs north and south do connect.
We believe they do, but we are still awaiting CAD drawings from Volterra to assure staff
of that. I would note just that the Planning and Zoning Commission did agree with all of
the recommended changes that were present to them and discussed in depth at their
hearing last month. The only issue is that of those two block lengths and we believe
that because we still have a valid project in Bainbridge and your action on April 16th the
Council action actually approved the extension of that project as it was presented at that
time. So, we ask for your concurrence with the recommendation of the Planning and
Zoning Commission, even over the technical issue that staff has raised with regard to
those two block lengths. We will be happy to answer questions or get into my low tech
presentation and get into the details if you choose. I suspect that Mr. Turnbull will
probably also have some comments.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Mike, will you speak to the access that's shown into the future elementary
school property? Is that your intent or is your intent ultimately is maybe that's a pathway
and you don't know what's going on with the school I'm sure.
Wardle: Councilman Rountree, when we submitted this application it was my oversight,
number one, not to include the parcel that originally came out of that Keego Springs
project that shows a future Meridian elementary school. So, we had provided from the
school district their affidavit and deed, so that that parcel can be brought into the plat.
However, Volterra, when they made their preliminary plat change deleted the street stub
access between the two. Now, the Volterra -- yes. It appears to us -- and, again, when
Volterra provides us with their CAD drawings and we can see where these all align, it
appears that the road stub actually is within a common lot that they did in their revised
preliminary plat. However, the developer said that they actually included the street stub
Meridian City Council
August 20, 2013
Page 21 of 41
in the school property. So, we have asked the school district that if, in fact, that is true,
do they want that street -- are they going to provide that right of way in the design and
the construction of that when they do that school site. I sent that request to Dr. Gestron
a week ago. I have not heard back from him on what their intent is. So, I think the
condition as it's written right now is that if that stub is necessary it will remain, if it's not
we will replace that with another lot. So, that's a question still up -- frankly, it's in the
hands of the school district to address.
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: Question along the same lines. I was thinking our subdivision where Hunter
Elementary is located we have a similar deal, we have a street access, but the portion
of the subdivision is behind the school -- a major portion and they have an access to
that school on school property, but there is a pathway that gets them on there and trying
to -- is that something you would do in the final plat is show where that would be located
if it could be located once you have more idea from the school district what their plans
are?
Wardle: Madam Mayor, Councilman Hoaglun, good point and these are things that
have been addressed in the conditions and I will show you what the intent is. Now, if
that area becomes a lot, there is still frontage in this location. We will in addition provide
a micropath from that location and, then, there is along the south boundary of our
property a 15 foot corridor that takes advantage an existing irrigation lateral. That 15
foot corridor will be a landscaped area with a pathway connection. So, there will be -- if
the street doesn't go through there will be three pedestrian access points, north, west,
and east.
Hoaglun: Great. That micropath, yeah, that's what I was looking for. That works well.
Thank you.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I'm just trying to clarify on the prep sheet that we were handed under key
Commission recommendations -- or changes to staff recommendations, item four is that
what you were just talking about? Talking about a micropath connection in Block 6 to
the school property, but it says this does not require it and I'm just wondering are we
talking about the same thing there or -- I'm not understanding. What I'm reading I
thought it relates to the conversation.
Watters: Madam Mayor, Councilman Zaremba, Item J states include a micropath in
Block 6 to the school property from the east and the north. That's how the condition
originally read.
Meridian City Council
August 20, 2013
Page 22 of 41
Zaremba: Uh-huh.
Watters: With the pathway along the southern boundary of the site the Commission
agreed that it would only be necessary to provide a pedestrian connection from the
north to the school site. So, they did modify that.
Zaremba: Okay. And that is what we were just talking about.
Wardle: Madam Mayor, Councilman Zaremba, that is included and we concur with that
Zaremba: Okay. Thank you.
Watters: However, I might add to that, Item L in that section states to remove the stub
street North Unsford Way, which stubs at the south boundary to Volterra Subdivision an
additional residential lot may be provided in its place. That can be modified if the
Council doesn't feel that's appropriate given the discussion.
Wardle: But, Madam Mayor, I would simply note that when the school district
addresses the question and it plays out, we will deal with it accordingly. If they -- if their
intent is to have a street and they actually acquired the street right of way area, we
would work with them to make it happen. If they did not and they don't have that desire,
then, that condition as it reads, frankly, would be just fine.
Hoaglun: Madam Mayor, while we are on L, Sonya, under L after the applicant
response, which is in blue, there is a dark balloon prior to the City Council meeting the
applicant -- is that staff comment, is that condition, whose language is that? It just
happened to be bolded and that's why I was curious as to what --
Watters: Mike probably can answer that. That's his response to the staff report. He
submitted the response to the original staff report and this -- the one that he submitted
today was just, basically, the new items were right at the top and it was -- we were in
agreement with everything except for the block length. So, I didn't run through all that
again, but we certainly can if necessary.
Wardle: In specific answer to your question, Councilman Hoaglun, that particular
bolded section was actually staff inserted information and, then, I added it and if you
see it in color there is some red, we added the red and the Commission concurred, so --
Watters: We had a color coded conversation going on there. The applicant response
and, then, staff response to applicant's response -- it's all worked out now.
Wardle: But the original statement was actually staff's statement.
Watters: Yeah.
Meridian City Council
August 20, 2013
Page 23 of 41
Hoaglun: Okay. Thank you.
Watters: Prior to the City Council meeting the applicant shall -- yeah. That was staff.
De Weerd: Okay. Anything further from Council?
Bird: I have none.
Wardle: Thank you very much.
De Weerd: Thank you, Mike. This is a public hearing on Items 8-F and G. Is there
anyone who would like to provide public testimony on either of these two items?
Turnbull: Madam Mayor, Members of the Council, David Turnbull, 12601 West Explorer
Drive in Boise.
De Weerd: Thank you.
Turnbull: I guess -- I will try to be brief. Inasmuch as the staff, Planning and Zoning
Commission, we are all in agreement, except for with staff on one point, which is block
length, I will try to limit my comments to that and just reiterate what Mike said. We have
a valid preliminary plat on this project, which we have maintained. It shows the existing
block length on those two blocks. So, that's a valid preliminary plat. The only thing we
have tried to do here is bring in Keego Springs, make it more in tune with Bainbridge, so
we have connectivity now between Ten Mile and Black Cat, Chinden, entire connectivity
through this essentially half section of this property and I think what we have done is do
nothing but improve the property. So, we would appreciate your concurrence on that. I
don't even think it demands or requires a waiver or a variance, since it's part of an
existing preliminary plat. The other point I would make -- and this is sort of off the topic,
but to note that we have had this preliminary plat in existence before anything to the
south, Volterra. We worked extensively with Frank Varriale through this process and we
have had certain agreements that we will see that -- if they -- if the existing owner
maintains those in agreement with Mr. Varriale, but the one thing I would like to note
that we are being asked to obtain street stubs from Volterra, so to make sure that we
align with theirs. It should be the other way around. We were first. They should be
aligning with ours. And so I would like to make note of that and have that be, you know,
so directed to staff. And with that I would just stand for any questions.
De Weerd: Thank you. Council, any questions?
Bird: I have none.
Rountree: I have none.
Turnbull: Thank you.
Meridian City Council
August 20, 2013
Page 24 of 41
Rountree: Thanks, David.
De Weerd: Thank you. Any further testimony? Okay. Council?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I guess we are -- hearing no more discussion, I move we close RZ 13-005 and PP
13-011.
Rountree: Second.
De Weerd: I have a motion and a second to close the public hearings on Items 8-F and
G. All those in favor say --
Rountree: Madam Mayor?
De Weerd: Yes.
Rountree: I have some questions that probably ought to be asked before we go out of
public hearing, just in case we want the comments on the record. And my questions are
for --
De Weerd: Okay. Before you can ask them I do have an active motion. Do you want
to withdraw?
Bird: Yes.
De Weerd: Okay.
Hoaglun: Second concurs.
De Weerd: Okay. Thank you. Not on that kind of a motion. So, go ahead if you have
questions.
Rountree: My question, Bill, is with respect to the block length issue and I understand
what -- what the applicant is saying. I also understand what we have with respect to our
ordinance. Yeah, it might be a minor technicality, but the minor technicality is that we
can't ignore our ordinances. So, is there a work around because we have approved the
preliminary plat in both these instances that, in effect, got us where we are or do we
have to go back to the beginning and, in effect, just to be consistent with our
ordinances, look at a variance hearing?
Nary: Madam Mayor, Members of the Council, Council Member Rountree, I guess in
looking at the -- what's been provided so far in this discussion -- and I guess I
Meridian City Council
August 20, 20t3
Page 25 of 41
understand your quandary, because I think what I heard from the staff was that this is a
new plat -- or a new preliminary plat that we are looking at and therefore -- and that
complies with our current ordinance. But a portion of it, the pre-existing one, had -- and
I can't remember what Sonya said specifically, but already had a variance on it or
whether a variance would have been needed under our old ordinance. But I guess I'm
kind of in the same quandary that you are, that I think the staff -- I think we are all kind
of stuck in the same place and we have ended up with this dilemma where we have got
this conflict between them. Certainly a variance is a cure, but I don't know that it's
necessary. I mean it seems like it's -- that's almost more process than is really needed
to try to make this fit. So, in other words, instead of ignoring our ordinance, I think we
are saying under the current ordinance this plat is compliant. Now, did I -- did I
misunderstand that from the staff report? Because that's the way I read it.
Watters: Madam Mayor, do you want me to respond to Mr. Nary's --
De Weerd: Yes.
Watters: Under our current city ordinance the dimensions of the block length do not
comply.
Nary: Okay.
Watters: The original plat for Bainbridge was approved in 2005, as was Keego Springs.
Keego Springs has expired. Bainbridge has not. However, the applicant is correct, they
do still have a valid preliminary plat for Bainbridge. I'm not sure that we can -- I guess
that's a question to you. I'm not sure that we can pick and choose. If we are going with
a new plat are we going with it entirely or can they still come back and submit a final plat
under the existing -- still current preliminary plat.
Hoaglun: And, Madam Mayor, if I might ask -- interject a question, Sonya, kind of follow
up what I asked originally. The only reason it's a new preliminary plat is because of the
addition of the old Keego Springs?
Watters: Yes. Yeah. Right here.
Hoaglun: So, if it had been kept separate we wouldn't be dealing with this issue at all.
Bird: No.
Watters: For the Bainbridge portion.
Hoaglun: For the Bainbridge portion.
Watters: Yeah. This one right here is the one that's too long in Bainbridge and, then,
this one right here, which is in Keego.
Meridian City Council
August 20, 2013
Page 26 of 41
Hoaglun: And yet the one to the west of the -- will it be a city park? Not the one
adjacent to, but across the street? That one is okay? Yeah. Right there.
Watters: Yes Uh-huh. They aren't over a whole lot, but they do not meet our
ordinance.
Hoaglun: Okay.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: The idea for specifying block lengths I think originally had two points behind
it. One of them is walkability and if this is within shooting distance of the requirement I
don't have a problem with that. The other I believe was a fire department issue about
block lengths and my question would be is the fire department comfortable with a
slightly longer block length. It looks like there is plenty of directions to have access. I
don't know if we want to put Chris on the spot or not.
De Weerd: We can put Chris on the spot.
Amenn: Sure. Why not. Councilman Zaremba, Madam Mayor, I can let you know the
issue there would be with water supply in the length of the block and not being able to
see where the water supply and the hydrants are laid out here I would not be able to
answer that for you. I'm sorry. I can't imagine that it would be a tremendous issue,
considering how we have platted our hydrants to be spaced out.
Watters: Madam Mayor, Councilman Zaremba, if I could add to that also. The
applicant could still comply with our ordinance -- our current ordinance for block length if
they provide a pedestrian pathway to break up that block. They can extend up to 1,000
feet if a pedestrian pathway is provided. They didn't wish to do so.
De Weerd: Well, it has to make sense, instead of just breaking up roads. The length.
Bird: Yeah.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I just -- we recently had the discussion about redefining the way we measure
block length. Is that into the ordinance yet? I don't remember what the --
Watters: Madam Mayor, Councilman Zaremba, it is.
Zaremba: Okay.
Meridian City Council
August 20, 2013
Page 27 of 41
De Weerd: Just for my own clarification, did -- so, we are just merging two preliminary
plats. One had expired, but had it -- has it changed at all?
Watters: Madam Mayor, it's very close to the same configuration.
De Weerd: Okay. Well, I think we are splitting hairs, but -- you know.
Zaremba: Just a personal opinion, I --
De Weerd: -- I have never held back on what I thought. Yes, Mr. Zaremba.
Zaremba: I'd be comfortable supporting this under the old ordinance if it met the old
ordinance. One person's opinion.
De Weerd: Mr. Bird.
Bird: Are we done?
Rountree: If you have got a solution I guess we are done.
Bird: I have got -- I have got at least a motion to close and get on with the meeting.
De Weerd: I would entertain a motion.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I would move that we close RZ 13-005 and PP 13-011.
Hoaglun: Second.
De Weerd: I have a motion and a second to close the public hearing on Items 8-F and
G. All those in favor say aye. Any opposed?
MOTION CARRIED: ALL AYES.
De Weerd: Okay.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve RZ 13-005 and to include all applicant, staff comments and
written testimony.
Meridian City Council
August 20, 2013
Page 28 of 41
Hoaglun: Second.
De Weerd: Okay. I have a motion and a second to approve the rezone on Item 8-F.
Any discussion from Council? 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: Item 8-D.
Watters: Madam Mayor, may I clarify on the block length, was that approved as they
have submitted?
Bird: The preliminary plat.
Watters: I wasn't clear on your motion.
Bird: Coming up.
De Weerd: He's going to make that motion.
Watters: Thank you. Got you.
De Weerd: I have been waiting for the brilliance of his motion as well.
Watters: Sorry, Mr. Bird.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move that we approve PP 13-011 and include all staff and applicant comments
and written testimony and leave the block length as are and also Volterra will make their
preliminary plat stub streets match up to Bainbridge's stub streets.
Hoaglun: Second.
De Weerd: Okay. I have a motion and a second. Any discussion?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Meridian City Council
August 20, 2013
Page 29 of 41
Rountree: Did the maker of the motion intend to exclude the landscaped corner pieces
or let that stay?
Bird: Leaving that in.
Rountree: Okay.
Bird: I think that we have seen them and they have -- I don't think they bothered our fire
department at all.
De Weerd: Well -- and I think that staff resolved on that one. It was just the block
length.
Bird: Yeah.
De Weerd: Okay. Any further discussion or clarification needed?
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: Madam Mayor, Members of the Council, I guess from what I'm hearing from -- on
the block length question -- and maybe if the maker of the motion is comfortable or this
is your direction, is it because these were existing plats and you're merging the two and
they were previously prepared under the prior ordinance -- is that the basis of why you
are okay with leaving it as --
De Weerd: That's what I heard as part of the motion.
Bird: That's what the maker of the motion --
Nary: That's what I thought. I just wanted to make sure on the record that's what you
meant.
Hoaglun: And second agrees.
De Weerd: Appreciate that clarification.
Bird: When the attorney starts asking you got to start getting scared, so --
De Weerd: If there is no further discussion, 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
August 20, 2013
Page 30 of 41
MOTION CARRIED: ALL AYES.
H. Public Hearing: AZ 13-006 Jack's Place Subdivision by Jack's
and Jesse Place, LLC Located East Side of S. Meridian Road,
Approximately 1/4 Mile North of E. Victory Road Request:
Annexation of 5.34 Acres from RUT in Ada County to the L-O
(Limited Office) (1.71 Acres) and R-8 (Medium-Density
Residential) (3.63 Acres) Zoning Districts
Public Hearing: PP 13-010 Jack's Place Subdivision by Jack's
and Jesse Place, LLC Located East Side of S. Meridian Road,
Approximately 114 Mile North of E. Victory Road Request:
Preliminary Plat Approval Consisting of Three (3) Office Lots,
Twenty (20) Residential Lots and Three (3) Common Lots on
Approximately 4.52 Acres in the Proposed L-O and R-8 Zoning
Districts
De Weerd: Thank you, Council. Okay. Next items are 8-H and I. The public hearings
on AZ 13-006 and PP 13-010. I will open these two public hearings with staff
comments.
Parsons: Thank you, Madam Mayor, Members of the Council. The next hearing item is
Jack's Place Subdivision. It's approximately 5.34 acres, zoned RUT in the county. If
you recall about four months ago Council did act on a Comprehensive Plan map
amendment to change the land use designation on this property from low density
residential to office and medium density residential. Currently surrounding this property
we have office zoned property. It's zoned L-O. We have Larkspur Subdivisions No. 4
and No. 5 to the north and to the east as well, zoned R-8. To the south we have the
Mussel Corner property, zoned C-G and, then, Observation Point, which is currently
zoned R-4 and, then, to the west we have Meridian Road and church property, zoned
C-G as well. The applicant is proposing to annex this property consistent with the
designation -- comp plan designation that you changed back four months ago. So, you
will have two office lots -- three office lots along Meridian Road to buffer the single
family residential internal to the project. We are looking at 20 residential lots ranging in
size between 5,000 square feet upward of 6,500 square feet. Main access to this
development is from Edmonds Court, which is a public street that punches into Meridian
Road here. Along the east boundary we have a stub street that was platted with
Larkspur Subdivision No. 4 that will be extended through the site and curve up and tie
into Edmonds as well. Currently there is an existing residence that sits on the property
as well and it will remain part of the project and will hook up to city services as a
requirement. Again here are the three office lots here. Cross-access is being provided
to these three lots. If you recall when the comp plan amendment came forward
Commission -- or, excuse me, Council was concerned about the Mussel Corner piece
and how access would be provided to that property in the future. During the Planning
and Zoning Commission that was an item that was raised as well and the applicant went
Meridian City Council
August 20, 2013
Page 31 of 41
back to the drawing board and actually proposed -- is now proposing cross-access to
that property to serve in the future. I would also mention to Council that that access
point developed with Mussel Corner -- I did have a chance to look at that development
agreement and that is a temporary access that will go away when that nursery
redevelops in the future. So, this will be an important connection point moving forward.
Hopefully that will deter them from asking for additional access points to Meridian Road
in the future. Probably the most -- the primary concern with this project has to do with
this red highlighted area that I have here depicted on the property. If you recall staff
came before you last Tuesday talking about how these irrigation easements affect
buildable lots and this is a situation that we have here this evening before you. The
applicant indulged staff, indulged Commission, went back to the drawing board, revised
their plat, came up with a workable solution and I think Commission staff and even the
applicant agree we have some conditions in place that we believe is a viable solution to
make this project work, keeping it as an easement in lieu of a common lot. So, here is
what I wanted to just quickly go over what's transpired. So, currently in speaking with
Nampa-Meridian, they will allow fencing to encroach approximately ten feet off of their
easement and I have that depicted here. And, then, here is how the easement in red
encumbers the property. Anything north of that fence line -- proposed fence would be
owned and landscaped by the homeowner through a license agreement with Nampa-
Meridian. Anything south of that proposed fence line would be maintained and owned --
still owned by the property owner, but maintained by the HOA. In working with --
speaking with the applicant he's also reached out to the Ada County assessor's office. I
know as we have come forward on these projects before it was always been Council's
concern that folks were paying taxes on property that they can't use and can't customize
for themselves. In speaking with the applicant and his conversations with the Ada
County assessor's office it appears they could deem this as wasteland and pay not any
taxes on it. The other reason for allowing this to be an easement is if it were a platted
common lot the applicant would be required to lose some buildable lots, no longer
making the project feasible to develop and that way if you -- if you keep it as an
easement the applicant still meets the lot size criteria and the street frontage
requirements of the R-8 zone. So, here is the landscape plan that the applicant is
proposing. I would mention to Council that the applicant has ten percent open space for
the residential portion here. A majority of that would be -- here is where that large
irrigation facility would be tiled as part of the plat and, then, turn along the buildable lots
here remain in the easement. So, a portion of it will be a common lot and a portion of it
again will be easement on the buildable lots. We do have a 35 foot landscape
requirement along Meridian Road. UDC also requires that a ten foot pathway be
constructed within the common lot as well. The project has been conditioned to comply
with that. So, here are the elevations. The two graphics on the left-hand side depict
what future homes look like. In speaking with the applicant in our discussions at the
Commission hearing these lots -- these homes do fit on the lots. They made sure to
have a product that does fit and still provide that attractive streetscape. And, then, the
office portion is designed to be designed to incorporate these stucco elements,
wainscoting, stone, window treatments as well. They will have to come back through for
CZC design review moving forward. The applicant is proposing to develop the
subdivision in two phases, residential being the first phase and, then, the commercial
Meridian City Council
August 20, 2013
Page 32 of 41
lots being the second phase. Because this is an annexation staff has -- is proposing or
recommending a development agreement with the project. Here are a list of provisions
that we are proposing before you this evening. Most of them require compliance with
the elevations, cross-access to the properties that I described connecting the existing
home to city services with the first phase and, then, also providing that ten percent open
space with the plat. One other item. Staff had originally recommended a micropath
system without -- throughout the development to provide an amenity. Commission did
strike that provision in the conditions and so the applicant here before you tonight has
no amenity proposed for the subdivision. As I mentioned to you Commission did
recommend approval to you from their Commission hearing on July 18th. Primary items
of discussion was the cross-access and, then, whether or not they were viable,
buildable lots with that irrigation easement. As I mentioned to you in my staff report this
evening there is a solution in place. We think it's workable. Those conditions are --
basically state anything north of that fence line, as I mentioned, would be owned and
maintained by the homeowner. Anything south of that, meaning the Nampa-Meridian
access road, would be maintained by the HOA and a requirement would be placed on
the face of the plat stating that. I think the applicants also offered up putting something
in the CC&Rs that states that the HOA is to maintain that access road as well. Other
than that we did receive written comments from the applicant. They are in agreement
with the Commission regs and the revised conditions. Other than that access easement
on that boundary there are no other outstanding issues before you and staff will stand
for any questions you have.
De Weerd: Thank you, Bill. Council, any questions? Mr. Zaremba
Zaremba: Madam Mayor, two subjects and I will address the second one first I guess.
Whenever I hear mentioned that a pathway has been given up I immediately alert on
the parks department and their master pathway plan. I just want to make sure this is
not one that was supposed to connect to other portions of pathway and, therefore,
would be a gap in the pathway plan. I'm not looking at the master plan right at the
moment, but do you check that whenever something like this comes up?
Parsons: Madam Mayor, Councilman Zaremba, we do. And so as I mentioned to you
there is still a ten foot pathway along Meridian Road, which is consistent with the
ordinance, it's just that our original recommendation before we got to Council is we
thought since this was a nice amenity and nice greenbelt, that it would enhance the
development to have a micropath system. So, it was really a staff recommended
requirement. It's not a city pathway requirement on this property.
Zaremba: Thank you. Madam Mayor, a second question. On the drawing that we are
looking at right now, you have highlighted in red the area that you talked about that, but
I'm guessing that means that there is a waterway there that otherwise Nampa-Meridian
wouldn't be interested in it. My question is it appears to end that where the new cross-
access is going to be. Wouldn't they have an easement that goes all the way to
Meridian Road and this appears to build a building across -- probably was a previous
easement.
Meridian City Council
August 20, 2013
Page 33 of 41
Parsons: Madam Mayor, Members of the Council, Councilman Zaremba, the easement
is actually spanned by two projects. It's this one that I'm discussing tonight and, then,
Observation Point and that's -- that's the dilemma. Where I have it terminating along
the west it actually turns up and goes along the nursery stub. It does not connect to
Meridian Road. So, it would not be impacted by that office lot. That is the end point.
You can see that culvert, the box here, and, then, it turns up this way and goes along --
by the residential lots here, which were platted -- which is a platted common lot in
Observation Point.
Zaremba: Great. Thank you.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Bill, anytime I hear the irrigation district is restricting property owners from
utilizing their property it kind of grates on me, but I think you have come with a decent
compromise. The only thing I would like considered is at -- it's going to be in a DA, it's
going to be in a legal document, but at some point in time in the future, if the handcuffs
come off of the property owner and go on the irrigation district, they shouldn't have to
come back and get the DA changed in order for the property owner to use their property
how they might want to use it. You understand where I'm going?
Parsons: I do, Madam Mayor, Members of the Council. Currently the way the DA is
structured we did not include that provision in the development agreement.
Rountree: Okay. Great.
Parsons: It is strictly a plat condition.
Rountree: All right. Excellent.
De Weerd: Any other questions?
Bird: I have none.
De Weerd: Would the applicant like to make comment? Good evening.
Yorgason: Good evening. Madam Mayor, Members of the Council, my name is Dave
Yorgason with Tall Timber Consulting. I'm here representing the applicant tonight. The
applicant is Jack's and Jesse Place, LLC, which is one of our representatives here
tonight as well. My address for the record is 14254 West Battenberg Drive in Boise,
Idaho. Staff has done an excellent job articulating the challenges this site has. This site
is small. The site is surrounded by development. Stub streets on one side. Existing
development with staff -- some of it -- the irrigation easement has been a significant
Meridian City Council
August 20, 2013
Page 34 of 41
thorn in our side since day one. The easement is large. The easement is also an area
which Nampa-Meridian Irrigation says they travel on by vehicle once or twice a day to
watch this Kennedy Lateral through there. Another part of our problem in this area is
that the fencing in the Observation Point Subdivision is in the easement -- significantly
in some portions of the easement area, which pushes further burden upon us, so that
the irrigation district has adequate area to travel their vehicles as they drive quite
frequently through this area. So, Councilman Rountree, as much as I -- I agree with
you, it's been really quite frustrating. We have been on site a couple times with Nampa-
Meridian Irrigation District to try to find a compromise that will still work for them as they
do need to maintain their system. We don't want to restrict their access, that's certainly
not the goal here, but because of their frequent traveled site that is where the comment
of the pathway being pulled out of the development. If I could add to that just briefly, we
never proposed a pathway. Staff suggested a pathway when the staff report was
originally written. We always knew that would be a concern to the irrigation district. We
-- I have had many discussions with the Nampa-Meridian Irrigation District to try to find
a way to make the site feasible and so we have worked with the city staff and had some
go back conversations back and forth with the Planning and Zoning Commission as we
went back to them a second time to try to find solutions to what we were trying to do
here. One of the other challenges to the site is the elevation change. There is about a
six to ten foot -- it depends on the distance you're traveling -- six to ten foot drop in
elevation in a very short distance as you're going from south to north, to northwest.
Almost all of that grade change is in the first 50 feet -- the southern 50. and so that,
again, makes significant challenges for building lots and the buildability for this project to
be successful. We have provided grading plans to the Planning and Zoning
Commission, to staff. They have reviewed those as well. We have not only identified
the challenge, but find solutions to each of the challenges as we have gone through the
process. The last part of which the staff identified is maybe an open item and that is the
question of common lot versus an easement. One of the subdivisions that we
developed is Castlebury and Castlebury West along Chinden Road. That entire
landscape berm is in an easement in those homeowners backyards. Through a note on
the plat and through some specifics that -- not long, but specific maintenance
requirements, the HOA carries the burden to make sure that area is maintained. As we
have talked with staff and as we addressed with the Planning and Zoning Commission,
we all agree that that is a viable solution here. I will be the first to recognize a common
lot is the first choice, but in this case a common lot makes these lots less than 5,000
square feet, which would, then, significantly alter the buildability of these lots and we
just are asking that you stick to our proposal we suggested. In conclusion, the staff
report as written and approved by the Planning and Zoning Commission's changes, we
accept and are fine with all of the changes as written in the staff report and ask for our
request for your approval tonight and stand for any questions you may have.
De Weerd: Thank you, Dave. Any questions from Council?
Rountree: I have none.
Zaremba: Madam Mayor?
Meridian City Council
August 20, 2013
Page 35 of 41
De Weerd: Mr. Zaremba.
Zaremba: Just a detail. In what is currently displayed on the screen is the landscaping
plan --
Yorgason: Yes.
Zaremba: -- and it shows the southerly office building different than the preliminary plat
plan showed it and I just wanted agreement that this is only referring to the landscape,
but not establishing the right for that building to be as depicted here.
Yorgason: Madam Mayor and Councilman Zaremba, that is correct. This is the
landscape plan that was submitted in our initial application. We agree on record, if that
helps you here, agree that the revised preliminary plat that we submitted as approved
by Planning and Zoning Commission, that shows that southerly access, it cuts the
building -- about a third of it out of it, approximately, to allow for that cross-access to the
south and that is not --and that is our plan. Our plan is not the full building there.
Zaremba: Great. Thank you.
De Weerd: Okay. Anything further from Council? Thank you.
Yorgason: Thank you.
De Weerd: This is a public hearing. Is there anyone who would like to provide
testimony on this item? Council, seeing no further testimony, any further questions for
staff or applicant?
Rountree: I have none.
De Weerd: Okay.
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: I move we close the public hearing on AZ 13-006 and PP 13-010.
Bird: Second.
De Weerd: I have a motion and a second to close the public hearings on Item 8-H and
I. All those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Meridian City Council
August 20, 2013
Page 36 of 41
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: I move approval of AZ 13-006.
Bird: Second.
De Weerd: I have a motion and a second to approve Item 8-H. Madam Clerk.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: I move approval of PP 13-010 and to include all staff and applicant
comments.
Bird: Second.
De Weerd: I have a motion and a second to approve Item 8-I. Madam Clerk, will you,
please, call roll.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
J. Public Hearing: Clerk's Office Fee Schedule Update
De Weerd: Thank you. Item 8-J is a public hearing on the City Clerk's fee schedule
update. Madam Clerk.
Holman: Thank you, Madam Mayor. Madam Mayor, Members of the Council, this is an
update just to a few of the clerk's fees. Mainly -- or solely the ones that are impacted by
the Idaho State Police's fingerprinting fee. If you recall I came back and first introduced
this last September to Council when we originally got the letter from the state police
regarding their phased approach to raising the fee. So, in October we updated the fee
schedule to incorporate five dollar increase from 29 to 34 and this is the second phase
that is -- I think it was effective July 31st, I believe, and that raises it from 34 up to the --
Meridian City Council
August 20, 2013
Page 37 of 41
it looks like 41.50. So, that is all this fee schedule increase is for. I don't have any
indication that they are going to raise them again anytime soon, unless we get another
letter this fall. So, with that I will stand for any questions.
De Weerd: Thank you. Council, any questions?
Bird: I have none.
Rountree: None.
De Weerd: This is a public hearing
testimony on this item?
Is there anyone who would like to provide
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: Seeing no presentation by a member of the public, I move we close the public
hearing to the Clerk's Office fee schedule update.
Bird: Second.
De Weerd: I think Ralph was thinking about it.
Hoaglun: Well, I will withdraw it if Ralph wants to --
De Weerd: I have a motion and a second. All those in favor say aye. All ayes. Motion
carried.
MOTION CARRIED: ALL AYES.
K. Resolution No. 13-938: Update to Clerk's Office Fee Schedule
De Weerd: Item 8-K is the resolution supporting this is. It's 13-938.
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: I move approval Resolution No. 13-938 with suspension of rules.
Bird: Second.
De Weerd: I have a motion and a second to approve the resolution on Item 8-K.
Madam Clerk, will you call role.
Meridian City Council
August 20, 2013
Page 38 of 41
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Item 9: Department Reports
A. Legal/Human Resources Department: Ordinance No. 13-1569:
Adding a Human Resources Director Position
De Weerd: Item 9-A is under our Legal Department. I will turn this over to Mr. Nary.
Nary: Thank you, Madam Mayor, Members of the Council. What you have in front of
you is -- just for discussion is a draft of a new ordinance that we would put into place
would be effective in October with the hiring of a new human resources director. Just a
couple of changes to the current code. We will be adding the position to other
appointed department directors of the city, removing the human resources function from
the city attorney's responsibility and, then, basically we took -- not all, but the primary
duties and functions of the human resources director out of the job description that we
created for the position for the position and included those into the ordinance
themselves. So, nothing really earth shattering. So, similar to what did last year in
adding a new position to the city for a department director. This is only for your review.
We could put it on for approval in September. Again, it wouldn't be effective until
October 1st.
De Weerd: Council, any questions for Mr. Nary?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: On Item I-8E-2, Duties, Item H, can you help me understand why they are
going to be exercising supervision over children?
De Weerd: I think it's just clarifying what constitutes a criminal background
investigation.
Nary: Madam Mayor, Members of the Council, Council Member Rountree, the
Department of Law Enforcement allows us to do background checks on employees for
certain purposes and that's one of them that we do them for and those are for people
that work in our day camps and such. So, it's just to clarify in ordinance what the
requirements are.
Rountree: Okay. And that is done by HR, as opposed to --
Meridian City Council
August 20, 2013
Page 39 of 41
Nary: Yes.
Rountree: Okay.
Nary: Yes.
Holman: Madam Mayor?
De Weerd: Madam Clerk.
Holman: Madam Mayor, Members of the Council and Mr. Nary, I just happened to
notice -- and just as long as we are changing this ordinance, under Section A it lists all
of the directors. It doesn't list the Information Services director that was created in
November. I don't know if that's a good time, since we are going to be recodifying this.
Do we want to add that?
Nary: And, actually, I think we did and it's somehow not in here. So, I will make sure --
we will make sure the current one is -- we will.
De Weerd: You will not be obsolete.
Nary: Oh, sorry, did we forget to tell you. I'm sorry.
De Weerd: Okay. If there is nothing further, Council, would you like this put on a future
agenda and, if so, when? Next meeting? September 3rd? 10th?
Bird: I have nothing.
De Weerd: We have a lot of ordinances for next meeting, so why don't we put it out to
the 3rd to save Madam Clerk.
Nary: September 3rd.
De Weerd: I think that's as scientific as it comes.
Nary: We will do that.
Item 10: Future Meeting Topics None
De Weerd: Thank you. Any items for consideration under future meeting topics?
Bird: I have none.
Item 11: Executive Session per Idaho State Code 67-2345(1)(c) - To Conduct
Deliberations Concerning Labor Negotiations Or To Acquire An
Interest In Real Property, Which Is Not Owned By A Public Agency
Meridian City Council
August 20, 2013
Page 40 of 41
De Weerd: Okay. Item 11 is Executive Session.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1)(c).
Hoaglun: Second.
De Weerd: I have a motion and a second to adjourn into Executive Session. Madam
Clerk, will you call roll.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
EXECUTIVE SESSION: (7:54 p.m. to 8:32 p.m.)
De Weerd: I would entertain a motion to come out of Executive Session.
Rountree: So moved.
Bird: Second.
De Weerd: All those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
De Weerd: Do I have a motion to adjourn?
Bird: So moved.
Rountree: Second.
De Weerd: All those in favor? All ayes.
MOTION CARRIED: ALL AYES.
MEETING ADJOURNED AT 8:32 P. M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS)
Meridian City Council
August 20, 2013
MAY T MMY DE WEERD DATE AP ROVED
ATTEST:
JAYC ' E HOLMAN, CITY ,~,,~`
~~~~~~Attin ~il,~,~ ~
~E o~
City of
II3T~ Nom..
~~~~~
n
F1T
fp
of rrye
ti
~\a
TR t_1~L~