HomeMy WebLinkAbout2013-11-19E IDIAN*,-_---
IDAHO
CITY OF MERIDIAN
CITY COUNCIL PRE -COUNCIL MEETING
SPECIAL MEETING AGENDA
Tuesday, November 19, 2013 at 5:00 p.m.
City Council Chambers
33 East Broadway Avenue, Meridian, Idaho
1. Roll -call Attendance:
X David Zaremba X Brad Hoaglun
X Charlie Rountree X Keith Bird
X Mayor Tammy de Weerd
2. Adoption of the Agenda Adopted
3. Executive Session Per Idaho State Code 67-2345 (1)(f): (f) To
Consider and Advise Its Legal Representatives in Pending Litigation
Into Executive Session at 5:03 p.m.
Out of Executive Session at 5:50 p.m.
Adjourned at 5:50 p.m.
Meridian City Council Pre -Council Meeting Agenda — November 19, 2013 Page 1 of 1
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 Pre -Council Meeting November 19, 2013
A special pre -council meeting of the Meridian City Council was called to order at 5:00
p.m., Tuesday, November 19, 2013, by Mayor Tammy de Weerd.
Members Present: Mayor De Weerd, David Zaremba, Keith Bird, Charlie Rountree,
Brad Hoaglun.
Members Absent:
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: Okay. I will go ahead and call this precouncil meeting to order. Today's
date is Tuesday, November 19th. It's 5:00 p.m. I will start with roll call attendance,
Madam Clerk.
Item 2: Adoption of the Agenda Adopted
De Weerd: Thank you. Item No. 2 is adoption of the agenda.
Hoaglun: Move we adopt the precouncil meeting as printed.
Rountree: Second.
De Weerd: I have a motion and a second. All those in favor say aye. All ayes. Motion
carried.
ALL AYES. MOTION CARRIED.
Item 3: Executive Session Per Idaho State Code 67-2345 (1)(f): (f) To
Consider and Advise Its Legal Representatives in Pending Litigation
De Weerd: Item 3 is Executive Session.
Bird: Madame Mayor?
De Weerd: Mr. Bird.
Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1) (f).
Rountree: Second.
Meridian City Council Pre -Council Meeting
November 19, 2013
Page 2 of 3
De Weerd: I have a motion and a second to enter into Executive Session. Madam
Clerk, will you call roll.
Roll Call: Bird, yea; Rountree, aye; Zaremba, aye; Hoaglun, aye.
De Weerd: All ayes. Motion carried.
ALL AYES. MOTION CARRIED.
De Weerd: We are adjourned into Executive Session.
EXECUTIVE SESSION: (5:03 p.m. to 5:50 p.m.)
De Weerd: Council, I would entertain a motion to come out of Executive Session.
Bird: So moved.
Rountree: Second.
De Weerd: All those in favor say aye. All ayes. Motion carried.
ALL AYES. MOTION CARRIED.
De Weerd: Do I have a motion to adjourn?
Bird: So moved.
Rountree: Second.
De Weerd: All those in favor.
ALL AYES. MOTION CARRIED.
MEETING ADJOURNED AT 5:50 P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS)
/3
MAYOR MY DE WEERDATE APPROVED
r`J SA77_,1,_'Q'i[,51,7
ATTEST:
Giv of
%TPT
IAN
0 A H 0
JAYCBE HOLMAN, CITY CLERK
�t fr
��r r"e TRE ��te
E IDIAN CITY COUNCIL REGULAR
I DAHO MEETING AGENDA
City Council Chambers
33 East Broadway Avenue
Meridian, Idaho
Tuesday, November 19, 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 Boy Scout Troop 140
3. Community Invocation by Jared Hansen with the LDS church
4. Adoption of the Agenda Adopted
5. Proclamation for Homelessness Awareness Week
6. Consent Agenda Approved
A. Approve Minutes of November 6, 2013 City Council Special Meeting
B. Approval of a Professional Services Agreement with Kristy Sweeney for
Wellness Massages
C. Final Order for Approval: FP 13-039 Tradewinds Subdivision No. 2 by Don
Newell, SDN, LLC Located at the Southeast Corner of S. Victory Road and
E. Locust Grove Road Request: Final Plat Consisting of 22 Single -Family
Residential Building Lots and 2 Common/Other lots on 10.42 Acres of Land
in an R-8 Zoning District.
Moved to Item 8 and continued to November 26, 2013
D. Final Order for Approval: FP 13-040 Touchstone Place by Iron Mountain
Real Estate Inc. Located on the South Side of E. Fairview Avenue and West
of N. Stonehenge Way Request: Final Plat Consisting of 16 Multi -Family
Lots and 7 Common/Other Lots on Approximately 4.49 Acres in an Existing
R-15 Zoning District.
E. Findings of Fact, Conclusions of Law for Approval: Public Hearing: RZ 13-
010 Three Corners by C13, LLC Located at Southeast Corner of N. Locust
Grove Road and Chinden Boulevard Request: Rezone Approximately 31.73
Meridian City Council Meeting Agenda — Tuesday, November 19, 2013 Page 1 of 5
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.
Acres from the C -C (Community Business), the R-8 (Medium Density
Residential) and the R-2 (Low Density Residential) Zoning Districts to the
C -C (Community Business) (12.52 Acres), the R-4 (Medium -Low Density
Residential)(16.51 Acres) and the R-8 (Medium Density Residential) (2.70
Acres) Zoning Districts
F. Findings of Fact, Conclusions of Law for Approval: PP 13-025 Three
Corners by C13, LLC Located Southeast Corner of N. Locust Grove Road
and Chinden Boulevard Request: Preliminary Plat Approval Consisting of
Eight (8) Commercial Lots, Fifty -Four (54) Single Family Lots and Six (6)
Common Lots to Approximately 30.27 Acres in the Proposed C -C, R-4 and
R-8 Zoning Districts
G. Findings of Fact, Conclusions of Law for Approval: MDA 13-017 Three
Corners by C13, LLC Located Southeast Corner of N. Locust Grove Road
and Chinden Boulevard Request: Modify the Recorded Development
Agreement (Inst. #108022887) to Incorporate a New Concept Plan, Attach
New Home Elevations and Update Certain Sections of th DA to Reflect the
Proposed Changes
H. Award of Task Order 10461D for Professional Design Services for "Well 29
Test and Production Well Design" to SPF Water Engineering, LLC for the
Not -To -Exceed amount of $75,000
I. Agreement with Nampa Meridian Irrigation District for the Extension of
Water and Sewer Services Across the Milk Lateral Easement
J. Water Main Easement for Capital Educators Federal Credit Union
K. Approval of Task Order 10045E for "Wastewater Treatment Plant (WWTP)
Fermentation and Odor Control Project Programming and Integration" to
CH2M Hill Engineers, Inc. for the Not -To -Exceed amount of $150,975.00
L. Approval of Task Order 10033.d for "Ashford Greens Trunk Sewer" Design
to JUB Engineers in the Not -To -Exceed Amount of $60,099.00
M. Development Agreement for Approval: MDA 13-016 Copperleaf Subdivision
by Providence Properties, LLC Located 4405 E. Ustick Road Request:
Modification to the Development Agreement to Remove the Requirement
for Townhomes to be Constructed on Two of the Building Lots and
Inclusion of a Revised Conceptual Development Plan and Building
Elevations
N. Development Agreement for Approval: MDA 13-013 Baltic Place Addition by
HD Fowler Company Located South of E. Franklin Road and West of E.
Kalispell Street Request: Amend the Recorded Development Agreement
Meridian City Council Meeting Agenda — Tuesday, November 19, 2013 Page 2 of 5
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.
(Instrument #102090926) for the Purpose of Excluding the Proposed Baltic
Place Addition Property and Modifying Certain Sections that Reference the
Development of the R-40 Apartment Parcel
O. Development Agreement for Approval: RZ 13-007 Baltic Place Addition
Located South of E. Franklin Road and West of E. Kalispell Street Request:
Rezone of Approximately 9.41 Acres from the R-40 (High -Density
Residential) Zoning District to the I -L (Industrial) Zoning District
P. Award of Bid and Agreement for "Bulk Ferric Chloride" to Weschem, Inc. in
the Not -To -Exceed Amount of $76,000.00
Q. Resolution No. 13-163: A Resolution Approving CPAT 13-001
Comprehensive Plan Text Amendment by City of Meridian Planning
Division Request: Amend Certain Action Items Contained in the
Comprehensive Plan
R. Resolution No. 13-961: A Resolution Authorizing Destruction of Meridian
Police Records
S. Resolution No. 13-962: A Resolution Authorizing the Donation and
Transfer of Ownership of Police Canine "Carlo" to His Handler, Meridian
Police Officer Seth Washburn
7. Community Items/Presentations
A. Franklin Road, Black Cat to Ten Mile - Overview of Roadway Widening
Project and Discussion on Center Median Design
B. Transit Planning: Review Draft Charter and Public Outreach Plan for the
Meridian Transit Planning Team
C. State Highway 16 River Crossing Impacts on Local Roadway Network
8. Items Moved From Consent Agenda Item 6C Moved Here
9. Action Items
A. Public Hearing: RZ 13-011 Crimson Maple by Crimson Maple Townhomes,
LLC Located on the East Side of NW 4th Street, North of W. Maple Avenue
Request: Rezone 1.59 Acres from the R-8 (Medium -Density Residential)
Zoning District to the R-15 Zoning District (Medium High -Density
Residential) Approved
B. Public Hearing: CUP 13-011 Crimson Maple by Crimson Maple Townhomes,
LLC Located on the East Side of NW 4th Street, North of W. Maple Avenue
Meridian City Council Meeting Agenda — Tuesday, November 19, 2013 Page 3 of 5
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.
Request: Conditional Use Permit to Construct a Multi -Family Development
Consisting of 12 Residential Units in a Proposed R-15 Zoning District
Approved
C. Public Hearing: AZ 13-012 Sagewood Subdivision by Sagewood Overland„
LLC Located on the South Side of W. Overland Road Approximately 650
Feet West of S. Stoddard Road. Request: Annexation of Approximately
16.34 Acres from R1 and RUT in Ada County to the L -O (Limited Office)(5.02
acres) and R-8 (Medium -Density Residential)(11.32 acres) Zoning Districts
Approved
D. Public Hearing: PP 13-026 Sagewood Subdivision by Sagewood Overland,
LLC Located on the South Side of W. Overland Road Approximately 650
Feet West of S. Stoddard Road. Request: Preliminary Plat consisting of
two(2) office lots, forty-five (45) residential lots, and Eight (8) Common Lots
on Approximately 15.62 Acres in the Proposed L -O and R-8 Zoning Districts
Approved
E. Public Hearing: AZ 13-009 Spurwing Orchard East Subdivision by Brighton
Investments, LLC Located North Side of Chinden Boulevard and West of N.
Ten Mile Road Request: Annexation of 26.53 Acres from RUT in Ada
County to the R-4 (Medium -Low Density Residential) Zoning District
Approved
F. Public Hearing: PP 13-021 Spurwing Orchard East Subdivision by Brighton
Investments, LLC Located North Side of Chinden Boulevard, West of N. Ten
Mile Road Request: Preliminary Plat Approval Consisting of Sixty -Three
(63)Single Family Residential Lots and Four (4) Common Lots on
Approximately 25.85 Acres in the Proposed R-4 Zoning District Approved
G. Public Hearing: AP 13-001 Virden Auto Care by Mike Virden Located 2651
E. Fairview Avenue Request: City Council Review on an Appeal of the
Planning Director's Decision for the Installation of City Street Lights
Adjacent to E. Fairview Avenue and N. Hickory Avenue (UDC 11 -3A -21B)
Approved with the Virden Auto Care Certificate of Zoning Compliance (CZC
12-018) Approved
10. Department Reports
A. Public Works: Staff Resource Discussion
B. Parks and Recreation Department:. Future Dog Park Discussion
C. Community Development: Meridian Road Interchange Inter -Agency
Cooperative Agreement with the Idaho Transportation Department
Meridian City Council Meeting Agenda — Tuesday, November 19, 2013 Page 4 of 5
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.
11. Ordinances
A. Ordinance No. 13-1581: An Ordinance (RZ 13-007 — Baltic Place Addition)
For The Re -Zone Of A Parcel Of Land Located In The NW'/4 Of The NE 1/4 Of
Section 18, Township 3 North, Range 1 East, Boise Meridian, City Of
Meridian, Ada County Idaho; Establishing And Determining The Land Use
Zoning Classification Of I -L (Light Industrial) Zoning Districts In The
Meridian City Code; And Providing An Effective Date Approved
12. Future Meeting Topics
Adjourned at 10:52 p.m.
Meridian City Council Meeting Agenda — Tuesday, November 19, 2013 Page 5 of 5
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 November 19, 2013
A meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday,
November 19, 2013, by Mayor Tammy de Weerd.
Members Present: Mayor Tammy de Weerd, Charlie Rountree, David Zaremba, and
Keith Bird.
Members Absent: Brad Hoaglun.
Others Present: Bill Nary, Jaycee Holman, Caleb Hood, Bill Parsons, Tom Barry, Clint
Dolsby, Kyle Radek, Scott Colaianni, Chris Amenn, Mike Barton, Austin Peterson, and
Dean Willis.
Item 1: Roll -call Attendance:
Roll call.
X David Zaremba
X Charlie Rountree
X Mayor Tammy de Weerd
X Brad Hoaglun
X Keith Bird
De Weerd: Okay. I will go ahead and call this meeting to order. I would first like to
start by welcoming you to the Meridian City Council chambers. We always appreciate
having a crowd, but, wow, this is quite the crowd and we really appreciate it when we
see friendly faces. So, thank you for joining us. I did say to Larry Woodard -- because
this is a similar crowd that helped us get the Ten Mile interchange, but he forgot the
sign. They were lime green fluorescent signs and they do a good job, Larry. So, keep
up the good work. Okay. We will start with roll call attendance, Madam Clerk.
Item 2: Pledge of Allegiance Boy Scout Troop 140
De Weerd: Item No. 2 is the Pledge of Allegiance. Tonight we are going to be led by
the Boy Scout Troop 140. Boys, if you want to step forward and lead us in the Pledge
of Allegiance. If you will all rise.
(Pledge of Allegiance recited.)
Item 3: Community Invocation by Jared Hansen with the LDS church
De Weerd: You know, that was awesome. I don't think we have heard it quite so
compelling. So, thank you for joining these young men in leading us in the pledge. Item
No. 3 is our community invocation. Tonight we will be led by Jared Hansen. He's with
the LDS church. Jared, thank you so much for joining us. If you will step up here to the
mike. Please join us in the community invocation or take this as an opportunity for a
moment of reflection.
Meridian City Council
November 19, 2013
Page 2 of 92
Hansen: Our dear Father in Heaven, we are so thankful for this beautiful day. We are
grateful for the rain that we have been receiving. We are thankful for this beautiful
building that we have to meet in. We are grateful for this great country and for the
freedoms which we enjoy. We are grateful for our Constitution and for the liberties it
provides and we pray that we can always remember those who have sacrificed to give
us these freedoms and those who to continue to sacrifice to preserve these freedoms
and we -- we are grateful for our public servants and pray that thou wilt bless them, our
firefighters and police and the people on this Council. We pray that thou wilt, please,
bless them and their families and we -- we are grateful for the example of thy son Jesus
Christ. Pray that we can better emulate him in our lives. We pray that thou wilt guide
the discussion of this meeting tonight, that -- that all can use wisdom and civility and
reach a good conclusion with the issues that come before us and we pray that thou will
prosper this community and that we might be worthy of thy blessings and these things
we pray for in the name of Jesus Christ, amen.
De Weerd: Thank you so much. It's a great way to kick off a meeting. And I will say
that we do have a community Thanksgiving event on the 24th and this is a long time
Meridian tradition where the community comes together to give thanks to God for all
that we are thankful for and the tradition is that people of all faiths come together on the
common ground of what we all are thankful for is a safe community, good places to
raise our family and our children. So, you are invited. It will be at the Valley Shepherd
Church of the Nazarene and so we hope to see as many faces there as we do have
here tonight.
Item 4: Adoption of the Agenda
De Weerd: Item No. 4 is adoption of the agenda.
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: We do have one change in tonight's agenda. Under Item 6-C, we need to
move that to Item 8 and also under 6-Q that is Resolution No. 13-163, 6-R is Resolution
No. 13-961, 6-F is Resolution No. 13-962. And 11-A is Ordinance No. 13-1581. So,
with that, Madam Mayor, I move adoption of the agenda as amended.
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: Proclamation for Homelessness Awareness Week
Meridian City Council
November 19, 2013
Page 3 of 92
De Weerd: Item No. 5 is a proclamation. I will move down to the podium and ask
Jason Billester to come and join me. Reverend Bill Rosco would have been here with
us, but he was called away on an emergency and so we have Jason here with us to
present this proclamation to. We appreciate all the work that the Rescue Mission does
in our communities and this proclamation is on behalf of those that they serve.
Whereas for the past several years the National Coalition for the Homeless and
National Student Campaign Against Hunger and Homelessness have sponsored
National Hunger and Homelessness Awareness Week and whereas the theme of
National Hunger and Homelessness Awareness Week 2013 is Bringing America Home
and whereas the purpose of Homelessness Awareness Week is to educate the public
about the many reasons people are hungry and homeless, including the shortage of
affordable housing for the very low income residents and whereas the City of Meridian
encourages the community to support homeless assistant service providers, as well as
community service opportunities for students and school service organizations and
whereas there are many organizations committed to sheltering and providing support of
services, as well as meals and food supplies to people experiencing homelessness,
including the Boise Rescue Mission and the Meridian Food Bank and whereas the City
of Meridian recognizes that hunger and homelessness continue to be a serious problem
for many individuals and families in the Treasure Valley, therefore, I, Tammy de Weerd,
Mayor of the City of Meridian, do hereby proclaim Hunger and Homelessness
Awareness Week here in the City of Meridian and I do encourage all citizens to
recognize that many people do not have housing and need support from citizens, both
private and nonprofit service entities -- we need to support them and hold up these
safety networks of our communities and I will present this for Jason, but do we have
representatives from the Meridian Food Bank here as well? I know, Luke, you want to
come up here. I saw Luke. Luke Cavener. I'm asking you to come and represent the
Meridian Food Bank, as this has been proclaimed Hunger and Homelessness
Awareness Week and thank all that the Boise Rescue Mission and the Meridian Food
Bank do in our communities to serve those that would not be served had you not been
there to help fill a gap and I will ask, Jason, if you have anything you would like to share
and, then, Luke.
Billester: Thank you. Well, good evening, everyone. Mayor Tammy, Council Members,
on behalf of Boise Rescue Mission thank you, thank you and thank you from the bottom
of our hears for being so proactive in your community, for helping those in need. We
see it every day. The need is increasing. You know, at the Rescue Mission we are
currently serving about a thousand hot meals a day, serving a population of about 500
men, women and children every night and we couldn't do it without Mayor Tammy and
the support of this wonderful and generous community. So, again, thank you so much
for this very special opportunity.
Cavener: Boy, those are hard comments to follow, so mine will be brief. And I know
that we have many members of Ten Mile Christian Church that are in the audience
tonight and as a member of the Meridian Food Bank I'd like to say thank for your
ongoing generous support of the Meridian Food Bank. As you may or may not know,
we are an all volunteer organization and so a hundred percent of your donations that
Meridian City Council
November 19, 2013
Page 4 of 92
you give to the Meridian Food Bank goes directly to feeding people in our community.
As is often the time when we get to the Thanksgiving season we have an ongoing need
for turkeys. I'd ask that if you could be so generous to, please, stop by the Meridian
Food Bank and make a donation there. You can also purchase Turkey Bucks from the
local Albertson's and that money will go to the Meridian Food Bank and there will also
be a turkey drive at Rosauers next Thursday, Friday, Saturday and Sunday -- it's going
to be this Thursday, Friday, Saturday and Sunday. So, if you are in the neighborhood,
please, stop by and make a donation. We would really really appreciate it. Thank you
again for your generosity. It's very much appreciated.
De Weerd: I'm going to have to recruit someone to take a picture with my phone. But I
do want to make special note -- we have a homeless issue in our school district. Now,
bear in mind that our school district is 380 plus square miles large and it covers most of
the cities in Ada County and parts of Canyon county, but we have over 380 students
who are homeless. Those are not acceptable numbers and this is where we as a
community can step forward and be part of the solution. There is a partnership in our
schools called Catch that is a safety net, nonprofit program, that works with the school
district to place families so these kids do have homes. But I would hope that you can
keep them in your prayers over this holiday season and if you can, reach out and
support these organizations. Thank you so much for being part of this proclamation,
although it was all part of the meeting. It was well timed, wasn't it? So, I'm going to
hand this to one lucky person and ask them to take a picture, because I don't have
someone to take a picture for me. Who wants to volunteer? You. I'm sorry I'm so
bossy. You can see it on my Facebook later.
Item 6: Consent Agenda
A. Approve Minutes of November 6, 2013 City Council Special
Meeting
B. Approval of a Professional Services Agreement with Kristy
Sweeney for Wellness Massages
D. Final Order for Approval: FP 13-040 Touchstone Place by Iron
Mountain Real Estate Inc. Located on the South Side of E.
Fairview Avenue and West of N. Stonehenge Way Request:
Final Plat Consisting of 16 Multi -Family Lots and 7
Common/Other Lots on Approximately 4.49 Acres in an
Existing R-15 Zoning District.
E. Findings of Fact, Conclusions of Law for Approval: Public
Hearing: RZ 13-010 Three Corners by C13, LLC Located at
Southeast Corner of N. Locust Grove Road and Chinden
Boulevard Request: Rezone Approximately 31.73
Acres from the C -C (Community Business), the R-8 (Medium
Density Residential) and the R-2 (Low Density Residential)
Zoning Districts to the C -C (Community Business) (12.52
Meridian City Council
November 19, 2013
Page 5 of 92
Acres), the R-4 (Medium -Low Density Residential)(16.51 Acres)
and the R-8 (Medium Density Residential) (2.70 Acres) Zoning
Districts
F. Findings of Fact, Conclusions of Law for Approval: PP 13-025
Three Corners by C13, LLC Located Southeast Corner of N.
Locust Grove Road and Chinden Boulevard Request:
Preliminary Plat Approval Consisting of Eight (8) Commercial
Lots, Fifty -Four (54) Single Family Lots and Six (6) Common
Lots to Approximately 30.27 Acres in the Proposed C -C, R-4
and R-8 Zoning Districts
G. Findings of Fact, Conclusions of Law for Approval: MDA 13-
017 Three Corners by C13, LLC Located Southeast Corner of
N. Locust Grove Road and Chinden Boulevard Request:
Modify the Recorded Development Agreement (Inst.
#108022887) to Incorporate a New Concept Plan, Attach New
Home Elevations and Update Certain Sections of th DA to
Reflect the Proposed Changes
H. Award of Task Order 10461D for Professional Design Services
for "Well 29 Test and Production Well Design" to SPF Water
Engineering, LLC for the Not -To -Exceed amount of $75,000
I. Agreement with Nampa Meridian Irrigation District for the
Extension of Water and Sewer Services Across the Milk Lateral
Easement
J. Water Main Easement for Capital Educators Federal Credit
Union
K. Approval of Task Order 10045E for "Wastewater Treatment
Plant (WWTP) Fermentation and Odor Control Project
Programming and Integration" to CH2M Hill Engineers, Inc. for
the Not -To -Exceed amount of $150,975.00
L. Approval of Task Order 10033.d for "Ashford Greens Trunk
Sewer" Design to JUB Engineers in the Not -To -Exceed Amount
of $60,099.00
M. Development Agreement for Approval: MDA 13-016 Copperleaf
Subdivision by Providence Properties, LLC Located 4405 E.
Ustick Road Request: Modification to the Development
Agreement to Remove the Requirement for Townhomes to be
Constructed on Two of the Building Lots and Inclusion of a
Revised Conceptual Development Plan and Building
Elevations
Meridian City Council
November 19, 2013
Page 6 of 92
N. Development Agreement for Approval: MDA 13-013 Baltic
Place Addition by HD Fowler Company Located South of E.
Franklin Road and West of E. Kalispell Street Request: Amend
the Recorded Development Agreement (Instrument
#102090926) for the Purpose of Excluding the Proposed Baltic
Place Addition Property and Modifying Certain Sections that
Reference the Development of the R-40 Apartment Parcel
O. Development Agreement for Approval: RZ 13-007 Baltic Place
Addition Located South of E. Franklin Road and West of E.
Kalispell Street Request: Rezone of Approximately 9.41 Acres
from the R-40 (High -Density Residential) Zoning District to the
I -L (industrial) Zoning District
P. Award of Bid and Agreement for "Bulk Ferric Chloride" to
Weschem, Inc. in the Not -To -Exceed Amount of $76,000.00
Q. Resolution No. 13-163: A Resolution Approving CPAT 13-001
Comprehensive Plan Text Amendment by City of Meridian
Planning Division Request: Amend Certain Action Items
Contained in the Comprehensive Plan
R. Resolution No. 13-961: A Resolution Authorizing Destruction
of Meridian Police Records
S. Resolution No. 13-962: A Resolution Authorizing the Donation
and Transfer of Ownership of Police Canine "Carlo" to His
Handler, Meridian Police Officer Seth Washburn
De Weerd: Okay. Item No. 6 is our Consent Agenda.
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: As noted when we adopted the agenda Item 6-C has been moved to Item 8.
Under 6-Q that is Resolution No. 13-163. 6-R is Resolution No. 13-961. And 6-S is
Resolution No. 13-962. So, Madam Mayor, I would move approval of the Consent
Agenda as amended.
Rountree: Second.
De Weerd: I have a motion and a second to approve the Consent Agenda as amended.
Madam Clerk, will you call roll.
Meridian City Council
November 19, 2013
Page 7 of 92
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 7: Community Items/Presentations
A. Franklin Road, Black Cat to Ten Mile - Overview of Roadway
Widening Project and Discussion on Center Median Design
De Weerd: Item No. 7-A is regarding a request that we had from Larry Woodard. I will
ask staff if they have introductory remarks first.
Hood: Yeah. Madam Mayor, Members of the Council, over the past year and a half or
so I have been serving as a City of Meridian's representative on the ACHD project team
for the Franklin, Black Cat to Ten Mile, roadway widening project. Diane Bevins, the
project manager from ACHD, is here tonight and after I'm done with my opening
remarks and a little bit of background and history, Diane has a couple of things to add
before Larry and a couple others from the church speak. This is just a quick refresher
for you. This is a -- this is a federal aid project. It's currently scheduled for construction
in 2016, which more than likely will probably end up 2017, as that is a federal aid project
and so some of those funds probably won't be expended until calendar year "17 and that
will be constructed -- this mile -- this mile segment will be constructed with the Black
Cat -Franklin intersection currently planned. So, I did mention that I have been -- and
we have talked about this a couple of times before each of the previous public
involvement meetings, the open houses. The first one I did not attend. Jay Gibbons
attended that one for me. That was at the concept level and we talked to Council about
really three things at both of those meetings that we highlighted for Council. One is the
detached sidewalks and that's now pretty commonplace for the city to ask for detached
sidewalks on these arterial projects. The other one was street lights. Remember, this is
a federal aid project, so we said, hey, we can get a pretty good deal and put our street
lights in at seven cents on the dollar, basically, and, then, also the center median and
just -- that was more of a disclosure to all that the concept shows a center median
consistent with the Ten Mile specific area plan. So, I mentioned Jay attended that first
meeting. I went to the most recent one, which was in July, and I -- after that -- that
public involvement meeting we have been working talking and with ACHD a little bit
about an additional break in that median and I have got some maps that I will put up on
the board here in just a second. For that second public involvement meeting in July
there was -- ACHD had designed it with only one break in the median near the Black
Cat intersection and so we had asked ACHD to look into a potential other break
between Ten Mile in the vicinity of the church since this summer and they have looked
into that and have included an additional break as of right now. Just a little bit of history
on the city's involvement with the church. In 2005 the city did annex the property.
There was a traffic impact study that was submitted with the annexation of the church.
There was a development agreement that the city has on that property with the church.
Meridian City Council
November 19, 2013
Page 8 of 92
It did approve entry points into the property in 2005. So, just -- 2005, obviously,
predates our 2007 adopted Ten Mile specific area plan. So, there was -- this property
was annexed and was approved and reviewed before the adoption of our specific area
plan. In 2007 the church did submit and obtained detailed conditional use permit
approval with the same access points that were looked at in 2005. This -- the reason
for this being before you tonight, as the Mayor mentioned, we did receive a request from
a community member and as is typical when someone wants to address the Council we
try to get them on an agenda item in the near future. For this one we did route it
through our -- well, it's been April or May since the group started to meet -- but our
transportation commission met this last month and also heard a similar presentation and
had a similar discussion to I imagine what's going to happen here on November 4th, so
just a couple of weeks ago. We went to the transportation commission. This is a
discussion. There was a split vote on that one, but they, at the end of the day,
recommended to the Council, who will recommend to ACHD -- because the Council
doesn't -- the city -- it's not a city project, the medians aren't ours to include or exclude,
but ACHD has asked for our input on this, as it is, obviously, going to be within the city
limits and part of it already is, but the transportation commission didn't recommend any
changes to the design that ACHD currently has for the roadway, but, again, it was a split
vote on that -- on that -- on that vote. So, I think that's all that I wanted to get in before
Diane has a couple of points I believe and you had a memo in your packet for this
evening that has some of the technical memorandum and addressing medians and
more this project specifically, more this project specifically. But, Madam Mayor, if you
have any other questions at this point I would be happy to answer them.
De Weerd: Council, any questions at this point for staff?
Rountree: Not at this moment.
Hoaglun: Madam Mayor, real quick. Caleb, on that split vote you mentioned, was that
to -- was to recommend to us to move forward, but was it pertaining to another
alternative that you had mentioned earlier or just one the one -- on their proposal as --
as is?
Hood: Madam Mayor, Councilman Hoaglun, the question before the Commission and
really for you focused on the center median in particular and so is there some other
direction that we would like to ask ACHD to consider as they go through the design of
this project. So, that was, essentially, the question. We gave them a little bit more of
the -- more background on the project itself, but that was, essentially, the question for
the commission.
Hoaglun: Thank you.
De Weerd: Okay. Anything further from Council at this point?
Bird: I have none.
Meridian City Council
November 19, 2013
Page 9 of 92
De Weerd: Okay. Diane.
Bevins: Mayor, Council Members, my name is Diane Bevins, project manager for the
Franklin, Black Cat to Ten Mile, project. What a surprise to see the big crowd here
tonight. It's nice to see them show up. So, I just had a couple points I wanted to touch
on and, then, I will stand for questions as well. Right now, as Caleb mentioned, it's the
staff recommendation to keep medians in place. On December 4th it will go to our
commission and they will have your recommendation, as well as the transportation
commission's recommendation to make their final decision on the median. So, in our
design with the median -- which also meets our policies, the church will have two full
access points, as well as their current main entrance, which will become a right -in, right -
out and also in their development agreement they already have approved an additional
driveway that would also be a right -in, right -out. So, ultimately they would have two full
accesses and two right -in, right -out accesses. So, the question today is -- is not limiting
their access to only right -in, right -out, it's a question of how many of those full accesses
that they could possibly have. We have the full accesses, one is on Franklin Road, one
is on Ten Mile Road. I will point out that the one on Ten Mile doesn't have a paid
driveway within their property. It is a fully constructed driveway on Ten Mile, but it is
well used, even as a dirt road today. But in their ultimate master plan it would be a
paved access on their property and the -- one of the full -- the full access point on
Franklin Road is at Umbria Hills, which we are -- with the project we will put in all the
infrastructure for a future signal when -- most likely when the southern part of Franklin
Road develops it would be warranted. At the time that the signal is warranted there will
be a signalized access that the church has available to them in the ultimate plan and the
traffic projections are 24,000 vehicles per day, so having that signalized full access is a
safer option ultimately as well. So, with that I will stand for questions. Thank you.
De Weerd: Council, do you have questions?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Diane, why -- why the Ten Mile to Black Cat setup is -- is going to be different
than Linder to Franklin where I think the traffic is probably just as heavy on Linder to
Ten Mile than -- than it is from Ten Mile to Black Cat. Why are we having medians in
that mile and not -- and we took the medians out of the other mile?
Bevins: Mayor, Council Member Bird, we did have medians in the Ten Mile to Linder
section originally. Those were actually taken out very late and Caleb might have more
information on that, but my understanding was it's more developed in that area. Our
preference would still be to have the medians there. Ultimately I think there is some
provision to get that as the property that's develops. However, with the -- there is a
trash service there, a trash company and the bus company, and they have a harder
time doing U-turns when there is a median and I know the Council's recommendation to
Meridian City Council
November 19, 2013
Page 10 of 92
commission was to remove the medians and the commission supported that and
removed it, so --
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: Dianne, you had mentioned 24 -- the projection is 24,000 vehicles per day
and how far out is that projection? Is that 2017 or what was that projection?
Bevins: Mayor and Council Member Hoaglun, that is 2035. So, we are talking 20
years. Just a steady increase in traffic.
Hoaglun: And Madam Mayor and Diane, do you happen to have what traffic count
current or last year or any -- where we are right now?
Bevins: I do not have that information --
Hoaglun: Okay.
Bird: --right now.
Hoaglun: Nota problem. Thank you.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I have actually two questions, a follow up to the one that Councilman
Hoaglun just asked. In your projected traffic counts does that include Highway 16
ending at Chinden for an amount of time? I have -- at one time when traffic projections
were being done they were done with Highway 16 going all the way to 1-84. We are, of
course, concerned that when it doesn't go all the way that when it for a number of years
stops at Chinden, all that traffic is going to come down Black Cat and Ten Mile and
much of it will come a cross this section of road to get to the Ten Mile interchange. Are
the projections you're talking about including that change?
Bevins: Mayor, Councilman Zaremba, our model does not include the State Highway
16 connection all the way to the interstate. It -- we are keeping it stopped at Chinden in
our model.
Zaremba: Okay. Thank you. And the other question is the driveway in question, in
front of which the discussion about the median currently is going on, as you probably
know is at the base of a hill that is significant enough that it blocks the view of that
driveway from westbound travelers from any distance and I guess my question were
absent a median what other safety features -- what other options are there for the safety
Meridian City Council
November 19, 2013
Page 11 of 92
of through traffic and anybody attempting to make a left turn in or out of -- of this
driveway.
Bevins: Mayor and Councilman Zaremba, I think with the -- the new project we do
flatten that vertical curve out a bit and I'm not a hundred percent sure what the -- the site
distance would be there, but there is a canal crossing there, it's the high point of the
road and it's -- and it's definitely a design and constraint. So, with having to tie into Ten
Mile intersection a given elevation, having to go over the canal, there is not a lot we can
do to increase that site distance there with the constraints that we do have.
Zaremba: Okay. Thank you. I think I might have said westbound. I meant eastbound.
De Weerd: Mr. Rountree.
Rountree: Thank you, Madam Mayor. What's -- what's the projection on Ten Mile, the
one access that you indicated is a full access? In a 20 year projection will that remain a
full access? It seems to me there is plenty of conflict there.
Bevins: Mayor, Council Member Rountree, it's always a possibility that we would need
to add a median there in the future. ACHD does reserve that right. It is beyond the --
the double left turn lane there, so it could happen. It could turn -- the Ten Mile access
could be right -in, right -out one day.
Rountree: And what's the geometrics at the main entrance? Is that the five lanes?
Seven lanes? Four lanes?
Bevins: It's five lanes.
Rountree: Five lanes.
De Weerd: Okay. Council, any further questions?
Rountree: Madam Mayor, if you will.
De Weerd: Mr. Rountree.
Rountree: I have one more question. The intersection just west of the main entrance,
that's the intersection you're saying is going to be signalized?
Bevins: Yes, sir. That is Umbria Hills that will have a future signal there.
Rountree: Okay. Thank you. Future signal. Will it be part of the project?
Bevins: We are putting in the infrastructure with the project, but the signal wouldn't be
warranted at this time. Most likely when development occurs south of Franklin.
Meridian City Council
November 19, 2013
Page 12 of 92
Rountree: Thank you.
De Weerd: Okay. Anything further from Council? Thank you, Diane. Mr. Woodard.
Thank you for being here with us tonight and bringing your friends.
Woodard: You're looking at a small portion of a 2,000 member church and we are glad
they are here today, because this is important to us.
De Weerd: Larry, if you could, please, state your name and address for the record.
Woodard Okay. My name is Larry Woodard. I have been here many times praying for
your wisdom. I live at 1701 Almaden in north Meridian and I am an elder at Ten Mile
Christian Church.
De Weerd: Thank you.
Woodard: We have heard from Caleb and Diane already tonight and both have
indicated that the city and ACHD did approve our main entrance onto Franklin Road
during our annexation into the city in the summer of 2005 and specifically both the city
and ACHD approved our main entrance with left turn and right turn options onto
Franklin. In other words, full access. We were advocates, our church, for the Ten Mile
interchange and hosted several public meetings, which led eventually to ITD
construction of the interchange and, Madam Mayor, we remember that you
congratulated us on our support of that key interchange for the city. After our purchase
of the property the city prepared an area plan for the orderly development of the land
between Franklin and 1-84 and -- but in that plan apparently there was a proposal to
widen Franklin to five lanes with a raised median and plantings and we, frankly, missed
that median and planting aspect. The impact of this raised median blocking left turns in
and out of our main entrance seems to reverse an earlier agreement with us that led to
our construction of a ten million dollar facility, based on city and ACHD approval. As a
major faith community in Meridian we have been active participants in community
affairs. You heard some of that tonight and long time elder Dale Newberry was recently
honored as the city man of the year. Our senior minister Steve Moore is well known,
having ministered in Meridian for almost 40 years. We have grown steadily in our new
location from slightly under a thousand when we moved in on Easter of 2009. That day
we had 2,000 there and sitting on the stage. We offer five services on Sunday and this
minimizes the large surges of traffic on Sunday. Needless to stay, we are chagrined to
learn that our earlier approval by the city for left turns in and out of our main entrance is
proposed to be reversed. It is both a legal issue and a fairness issue with us. This
decision, unless reversed by this Council tonight, seems to contradict the support and
leadership we have given to our community. And I would be willing to answer any
questions.
De Weerd: Council, any questions for Mr. Woodard?
Zaremba: Madam Mayor?
Meridian City Council
November 19, 2013
Page 13 of 92
De Weerd: Mr. Zaremba.
Zaremba: The issue, of course, is safety and I'm sure you're all concerned about that
as well.
Woodard: Sure.
Zaremba: Let -- let me ask a kind of background question if I may. When this was
annexed my recollection is that the entire property was annexed as a C -G. Am correct
in that or do you know?
Woodard: I don't know.
Zaremba: Okay. Staff, do you know that? Where I'm going with that is you have still a
significant portion undeveloped --
Woodard: Yes.
Zaremba: -- and if it is a C -G zoning that could be developed with pretty high level
commercial stuff. I guess my question is does the church have any plans for the
undeveloped portions of the property? Yet.
Woodard: Not yet. We are constantly -- now with the 2,300 in attendance we have
people coming in now to advise us on the best options for additional space. Our original
master plan called for a major facility in the corner of Ten Mile and Franklin, around that
direction, and as said -- Diane has said, we do have a smaller entrance that we could
put in, but we -- we understand as close as that is to the intersection that would be
right -in, right -out only. We are talking primarily here about the main entrance, which is
800 feet west of the intersection.
Zaremba: Just for the record, staff has put up a schematic that shows that property as
CA which is nowhere near as intense as C -G. So, that helps me a little bit.
Woodard: Okay.
Zaremba: All right. Thank you.
De Weerd: Any other questions from Council for Mr. Woodard?
Bird: I have none.
Woodard: We have two other speakers that I'd like to turn it over now to Nick Bates.
De Weerd: Okay. Thank you. Nick, thank you for joining us. If you will, please, state
our name and address for the record.
Meridian City Council
November 19, 2013
Page 14 of 92
Bates: Yes, ma'am. Hello. My name is Nick Bates. I live at 1398 East Mallory Lane in
south Meridian.
De Weerd: Thank you.
Bates: I have grown up in Ten Mile Christian Church. The first one was on Cherry
Lane and now on Franklin. I am 17 years old and I am very active in our church. I work
there part time as a custodian. I assist with the preschool kids in class on Sunday
morning. I am a small group leader with the middle school program on Tuesday
evening and I participate and assist with the high school programs on Sunday morning
and Monday evening. I am very familiar with all the youth programs of the church. I am
there four to five days a week. We have a very large children and youth program. In
the preschool through 5th grade we have over 800 kids, including our Pioneer All Stars
Club on Wednesday evening. Our middle school program, which is primarily on
Tuesday nights, has between 250 and 300 young people. Special events have brought
in over 500 middle school kids to our church. Our high school program meets primarily
on Monday evenings and has around 200 high schoolers who attend. The important
thing for the Council to understand is that 70 percent of these kids are brought to our
program by parents who do not attend our church. Many of these kids come from
dysfunctional families and their home life results in drug and alcohol abuse, self
mutilation, dangerous sexual activities or other anti -social behaviors. Our programs are
designed to help these kids. Any barriers -- any barrier to the parents bringing their
children to the church gives those parents another reason not to bring their kids to
church. It is much better to have them participating at a church than on the streets or
elsewhere getting into trouble. Our church is active in the Mayor's Faith Council and our
kids are involved in the community programs, such as Rake of Meridian, which we just
participated in last Saturday. And we also participate in Meridian Old Town clean up.
We like Meridian and the support from the City Council creating a great place to live.
We simply ask for your support tonight in erasing a planning decision that would make
our efforts far more difficult. Thank you. Are there any questions?
De Weerd: Thank you, Nick. Council, any questions?
Rountree: I have none.
Bird: I have none, Mayor.
De Weerd: Okay. Thank you.
Bates: Thank you.
De Weerd: Thank you for joining us. If you will, please, state your name and address
for the record.
A.Bates: My name is Allen Bates. I live at 1498 East Mallory Lane.
Meridian City Council
November 19, 2013
Page 15 of 92
De Weerd: Thank you.
A.Bates: I have a small business with ten employees at 850 East Franklin Road. And
I'm also at Ten Mile -- elder at Ten Mile Christian Church. Both my business and the
church have watched the steady improvement of Franklin Road from Boise through
Meridian over the years and we support this effort. In addition to the activities
mentioned by Larry and Nick, our church hosts the Boy Scouts, Cub Scouts, Celebrate
Recovery, which is a program to help people with psychological hurts and addictions.
Weekday Bible studies. A week day preschool program. And senior program. Our
Wednesday Glory Sider group draws people from five other Meridian churches. Other
community groups also regularly utilize our facility. We believe our programs for youth
and adults save the city thousands of dollars in potential treatment, repair, and other
social expenses and significantly improve local quality of life. Our concern is with the
proposed -- the proposed median blocking our main entrance on the next segment of
construction on Franklin Road. We are convinced that having a raised median will
adversely affect all of our weekly activities there. Also, this proposal is counter to the
approval we received before we began construction of the church several years ago, as
Larry mentioned. It's an issue of fairness and we are concerned with this proposed
reversal of that earlier agreement. If potential traffic congestion is a concern, please be
aware that the vast majority of activities at our church occurs during off peak traffic
hours. Our activities occur on the weekends, evenings, and in the middle of the day.
We are aware, as was discussed, that this raised median issue came up last year prior
to the widening of Franklin Road between Linder and Ten Mile. Local businessmen in
the area objected and the Meridian school bus drivers in particular were vocal in their
objection to the raised median. This Council reversed that plan requirement and today
the newly finished section looks good, drives easily for all parties. I drive it regularly
from my office on Franklin over to the church. Ten Mile Christian Church is not a
business like those who objected last year. We are a faith community that helps make
Meridian one of the safest and best places in the nation to raise a family. We simply
ask that the same courtesy that was extended on the Linder to Ten Mile section of
Franklin Road also be extended to the Ten Mile to Black Cat section. We look forward
to your decision. Thank you.
De Weerd: Thank you, Allen. Council, any questions?
Rountree: I have none.
Bird: I have none on this one. I do have a question for Caleb or for Diane later.
De Weerd: Okay. Thank you. And I think it was explained this isn't a public hearing
tonight, but I would ask, because I know you're itching to do it, is for a show by raising
your hand all of those who favor the petition that's being considered in front of us raise
your hand. It means you agree with Larry. Okay.
Rountree: A well behaved group.
Meridian City Council
November 19, 2013
Page 16 of 92
A. Bates: Any questions?
De Weerd: We have no questions. Thank you, Allen.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Could I have a -- Caleb or Diane, which ever one of you guys want to -- I'm trying
to think -- maybe you can help me -- but Franklin Road from Orchard west to Ten Mile
has been completed now and I'm trying to figure out where there is any medians in that
road and I -- I have traveled that road a lot and I can't figure a single median -- and
can't figure out why all of a sudden for one mile we want to put medians in.
De Weerd: Well, there is a median -- okay. So, I will ask that you not clap. We do
appreciate your enthusiasm. Mr. Bird, there is not a median, but there is a barrier in
front of Portico that you cannot get out of that business park to -- you do have to go
down --
Bird: That was one in the approvals, though. Remember? They brought the -- they
brought the nice traffic scenario in and did it and, that's right, it's to allow you right -in
and right -out onto Portico.
De Weerd: Well, you have to go down to the light.
Bird: You have to go down to the light, but there is no barrier. There is no center
barrier in that mile there, other than -- and that isn't even a barrier there.
Rountree: It's a raised curb.
De Weerd: It's a raised curb.
Bird: Yeah. It's a little raised curb, so you can't turn left going out. And I don't -- I'm
sure there is some, but I can't think of any -- what you would call medians on Franklin
Road from Orchard where the -- where the widening starts and to Ten Mile where it
stops now.
Hood: Madam Mayor, Councilman Bird, just in my head I went through and I could
make it to Maple Grove and I can't think of any, so I'm thinking that there aren't any --
just to confirm what you're saying. Some of the reasons, though, for the median here
and just to bring you back. Again, the Ten Mile specific area plan was a distinctive plan
for this area that wasn't meant to be like the rest of the valley. And this was one of
those components that set it apart a little bit where the street -- the tree lined streets
with the southern median and I will just -- just show you real quick the concept for street
Section B, which is this section of Franklin and as has been testified tonight, I mean the
Meridian City Council
November 19, 2013
Page 17 of 92
mile to the east the Council did recommend to ACHD removal of that and that
happened. But the idea -- if you look at Ten Mile south of here there is a median. So,
that's -- that's the idea with this is that it was meant to be a -- some special roadway
sections that we would call the Ten Mile interchange area apart from the rest of -- of the
valley. So, I'm just -- I'm not saying it's right or wrong, but that's what the plan called for.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Follow up. The Ten Mile medians and stuff -- if you remember, there is only one
-- Taylor's house was the only house sitting there and I don't even know if it was
occupied when that was started. So, you had no businesses or anything between the
freeway and Franklin Road on Ten Mile, am I not right? So, by putting the medians and
in and outs there, you set a precedent. Now you have got a lot of homes and
businesses between Ten Mile and Black Cat on Franklin Road on the north side.
De Weerd: You know, this is not against the staff, this is a publicly adopted plan that we
had considerable community involvement in developing and including, as Larry pointed
out, the church and City Council did approve that with the medians in there, so -- and
would call that -- that the medians from Ten Mile to Linder, they are not installed right
now, but they still are contemplated when the traffic counts come to a certain number
and just like Eagle Road -- and I think that our police could speak to this -- is when they
put in the raised medians between Franklin and 1-85 on South Eagle Road or north
Eagle Road, it increased the safety of that area exponentially. We went from an area
that had a lot -- a large number of accidents, pretty serious accidents, to almost zero
and we were spending a lot of our resources out there. We may not have the traffic
counts today to warrant raised medians, but it is a safety factor and the first lives lost is
what stopped us in our tracks and our responsibility as elected leaders is all about
safety. We take that responsibility very serious. And I think that this Council, including
myself, and although only when they tie do I have a vote, we would feel horrible if we
said do not put those medians in there and we had a fatality, because those center turn
lanes are not safe. Now, what I did here today from Diane is some of that -- that hill will
be reduced, because that hill coming out of your church -- because I do come out of it --
is a sight issue, because people do speed on that road and I think that's why -- another
reason why those center medians were contemplated when they were put in. So,
Council, this discussion is -- I will turn it over to you.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Question for Diane. And I think you answered this, but I didn't write it down.
But would ACHD's specifications from distance from the intersection allow the main
entrance to be right -in and right -out only or would it allow for a full turning movement?
Meridian City Council
November 19, 2013
Page 18 of 92
Bevins: Mayor, Councilman Rountree, our policy is right -in, right -out on arterials, so
that driveway per our policy would be right -in, right -out. But this -- like I said, this matter
will go before our Commission and they can approve variations to our policy.
Rountree: So, that would be -- without a median it would, at a minimum, have a raised
curb restricting that movement.
Bevins: No, sir. The vote that the Commission will take is to remove the medians there.
Rountree: So, at some point -- I guess what I'm getting at is we don't control what
ACHD puts in the road. We help and hinder at times. Your job is public safety, as is
ours, and you have rules and requirements with respect to how traffic moves. No
matter what deals were made at some point in time in the past, as the problem
becomes a problem you anticipate that and change access.
Bevins: Yes.
Rountree: That is allowed by state statute. That's allowed by your provisions. So, my
question is is the question going to be before the Ada County Highway District board to
allow for full running movements at that point or maintain a median or some kind of a
restriction.
Bevins: Yes, sir, that will be in front of the commission. Alternatives for them are to
remove -- to leave it as designed with the two openings in this mile section, to remove
the median just in front of the church, or to remove the median on the entire mile, which
we feel that as soon as we remove it for one specific property owner we will be
removing it for the entire mile is generally how we think it will go. So, most likely we will
keep it or to remove it for the entire mile.
Rountree: And where is the other median opening? I just see one in the graphic that I
have.
Bevins: It's further to the west.
Bird: Go to the west.
Bevins: About a quarter east of --
Rountree: Oh, it's at the quarter mile. Okay.
Bevins: -- east of Black Cat. Yes.
Rountree: Okay. Thank you.
Hoaglun: Madam Mayor?
Meridian City Council
November 19, 2013
Page 19 of 92
De Weerd: Mr. Hoaglun.
Hoaglun: Just a comment. And you're right about the safety aspects. I mean that is --
that's what we do and -- and just so the folks at Ten Mile Christian don't realize -- realize
that they are not being picked on. We have this at almost every major intersection in
Meridian right now. When development comes this -- this is an issue of turn lanes,
right -ins, right -outs, medians, the whole bit. How far back from the intersection can they
safely have entrance and egress and whatnot. To me it's a matter of when the medians
come in. In four years we really don't know what's going to be happening on the south
side or when that's going to happen. Yes, it's a safety issue, but I hate just picking an
arbitrary date saying, well, in four years when we do this project they are going to go in
and that's that and there might not be the traffic volumes that warrant safety
consideration. But there will be a time -- and, who knows, maybe it's when Nick has
kids -- and he's going to instruct his kids that you do not turn left when you come out of
the main entrance to the church, because that traffic volume is too heavy. And, then,
we know, okay, it's -- it's time to have medians there and move them back to the light.
But I -- that's -- that's the difficulty in these things. Sometimes we set these things and
say, okay, we have to do it right now, because this is the project and maybe like we did
on the other side of Franklin -- of Ten Mile on Franklin Road -- to say let's hold off on
that and take a look at it when it's really warranted. And part of that was the fact why
we didn't do it -- you can't, as a practical matter, bus -- buses and garbage trucks
couldn't make that U-turn at Linder. So, it's just a matter of not if, it's just a matter of
when and it might not be in four years that this median goes in. It might not be
warranted and you can allow full access until that time comes -- and I think people are
smart enough to know, you know what, now is the time, you know. And that's -- but
when is that? That's working with the traffic engineers, it's working with the folks who
are going in and out and saying it's -- it really isn't safe, we do need to do something to
help keep our kids safe, our young drivers and whatnot, so -- but I just don't know when
that is and -- and that totally is out of our hands in terms of ACHD making the final
decision. But we are -- we are concerned about the safety, so I just -- I'm not real
certain about setting a date four years from now.
De Weerd: Council, any further questions for the church members or staff or ACHD?
Rountree: I have another question for Diane.
De Weerd: Thank you.
Rountree: As you develop the intersection west of their main entrance will there be
provision in additional lane width in there to accommodate a U-turn?
Bevins: Mayor and Councilman Rountree, yes, there will be.
Rountree: Okay. Because it doesn't appear on this graphic, so -- okay. Thank you.
Bird: Madam Mayor?
Meridian City Council
November 19, 2013
Page 20 of 92
De Weerd: Mr. Bird.
Bird: Caleb or Diane, which one -- tell me what's safer about a U-turn that gets going
out into a median and waiting to flow into the traffic?
Hood: Madam Mayor, Councilman Bird, I can -- I can start that answer. So, I -- there is
less conflict points is basically what it comes down to. You're having to cross more
lanes and there is more potential points at which two cars or pedestrians could intersect
than doing a U-turn you really only have two lanes of traffic you're turning around. So,
that's -- that's the quick answer, there is less conflict points, basically, with doing a
U-turn. I think for this application in particular I don't think anyone needs to make a U-
turn. You have got a full access point on the west boundary and will be signalized.
Bird: Yes. I understand that.
Hood: So, that's -- you could do a U-turn still and as Diane just pointed out from
Councilman Rountree's question, you could do a U-turn, but you wouldn't have to.
Bevins: Mayor, Council Member Bird, that's the point I was going to make. With their
connection to the full access point at Umbria Hills, that would prevent them from having
to do U-turns. If you're turning left out of the church you would go to Umbria Hills, make
that left turn movement. There would be no reason to make a left turn or a right and,
then, a U-turn again when they have access to the full -- full access point at Umbria
Hills.
Bird: Not knowing anything about traffic, I just -- I just don't see how -- I have watched
out on Eagle Road a couple of the U-turns that have come so close to having collisions
it's not funny, because people hurry and swing out in a U-turn in front of flowing traffic
coming. So, I don't know which is the safest, to blend in from the median into the traffic
or to swing out and go around. I realize that this is going to have -- on the west end, but
that don't mean everybody is going to go out the west end. So, I don't know. I just want
to know what the logic was behind a U-turn over letting them in out of a median. Thank
you.
De Weerd: Before Diane goes and sits down again, any further questions from Council
or --
Rountree: She needs the exercise.
De Weerd: You might be safe this time, Diane. Yes. If you will, please, state your
name and address for the record.
Nichols: Yes, ma'am. My name is Mark Nichols. I live at 5200 Valley Grande,
Meridian, Idaho.
Meridian City Council
November 19, 2013
Page 21 of 92
De Weerd: And, Mark, it's only because you took a picture that I let you do this. Just in
case anyone else wanted to raise their hand. So, thank you.
Nichols: Okay. In listening to all of the comments tonight, there is one thought that
hasn't been brought up to control traffic and the impact of a full access to that road into
our church and that's the speed limit. Right now I believe it's 45. And that does make it
an issue. But if the speed limit is reduced to say 35 due to the potential congestion, that
could make it more feasible for a full access at our access to our church, our main
access. Just nobody's mentioned speed limit. If you slow traffic down before -- either
westbound or eastbound in that section -- I mean it's done other places on -- on other
roads when the congestion is potentially hazardous. Potentially. And you slow them
down. Slow them down before they come over the canal. Slow them down as they
come across the intersection at Ten Mile.
De Weerd: Thank you, Mark. That was a good point. Thank you. Caleb, did that come
up during the transportation commission meeting, the speed limits in that area?
Hood: Madam Mayor, I do not recall that being a topic that they -- they discussed at
any length anyways.
De Weerd: Did they discuss the leveling of that -- that hill that has caused concern,
because it is a site obstacle with that leveling out, that that makes that area safer?
Hood: Madam Mayor, that was discussed just with the -- the topography there and
getting into a little bit of the profile grade and how much of that can be accommodated
with this project, how much can ACHD dig that down a little bit and -- or build up the
other side a little bit. I think there is still going to be somewhat of a site distance issue,
just a little bit on the -- coupling that with the speed limit issue, I'm not an engineer, as
you know, I'm a planner, but I do hang out with traffic engineers quite often and so I pick
up some of these things and I think, you know, police could even tell you you don't want
to just arbitrarily change speed limits. People will still drive whatever they are
comfortable driving. You could, you know, put 35 out there, but people may still drive,
because there is really not a lot going on out here. So, they do speed studies and come
up with the 85th percentile and you set the speed limit basically what with -- with what a
motorist is comfortable driving. So, again, that didn't come up too terrible much in the
transportation commission meeting as I recall it, but it is something that over time -- and
Diane maybe can address the design speed for this roadway. I don't remember what
the design speed is. I'm sorry, she could have just yelled it to me. She didn't have to --
but that's okay.
De Weerd: No. You're fine coming up here, Diane.
Hood: But I think there is -- Madam Mayor, there is some acknowledgement that, you
know, as the city becomes -- goes from rural in these types of fringe areas to more
urban and there is more development, the speed limits do get changed and they do go
less and less. But as this aerial shows fairly well, this is pretty undeveloped right now or
Meridian City Council
November 19, 2013
Page 22 of 92
at least underdeveloped and as we -- it annexes and grows out there the speed studies
will be done and speed limits may get reduced. One of the bonuses to having -- one of
the pros to having a median is you generally can keep the speed limit a little bit higher,
because you don't have those conflicts of access points. So, it does help with capacity
over time as well, because people feel comfortable driving closer, because you're not as
worried about getting side swiped, because no one can come out and cut you off that
way, so -- but design speed, I guess that was -- I don't know what the current design
speed is for this project, so that may help a little bit with speed limits.
De Weerd: And we will just say first, Diane, that it wasn't any of the Council Members, it
was Mark, so --
Bevins: Mayor, the design speed for this is 45. 1 -- I believe that if you go all the way on
Franklin Road to the east it's -- it's either 40 or 45 all the way into Boise --
De Weerd: The whole way.
Bevins: -- on this roadway. It is a principal arterial. It is an emergency detour route for
1-84 as well, so -- but as Caleb said, as just a developed -- as things change, you know,
speed limits are looked at and they can be lowered, but he is correct in saying you can't
just arbitrarily sign it at 35 and except everyone to go 35 on a five lane road that is
mostly undeveloped right now. So, that would be a concern. And I was asked to point
out with our redesign to five lanes it will probably help the site distance, but we cannot
completely take out that high point in the road, so --
De Weerd: But it will improve the site distance.
Bevins: It will. I can't tell you to what extent.
De Weerd: Okay. Thank you again.
Bevins: May I make one more point while I'm here?
De Weerd: Please.
Bevins: Thank you, Mayor. Putting the medians in with the project -- I know we design
for 20 years out and we design a seven -by -seven intersection, which is what the
Franklin -Black Cat intersection is going to be and as anyone can tell you we don't need
that today, but we are designing for 20 years. This is federal aid, we are paying for the
medians, the landscaping, everything on seven cents on the dollar. That's just a bonus.
De Weerd: Did you say landscaping? Did I just hear that?
Bevins: That's --
De Weerd: It is on the public record.
Meridian City Council
November 19, 2013
Page 23 of 92
Bevins: Yes. And to go back and add them in later we know that's not easy. It's not
going to be easy on the mile to the east. It's not going to be easy on Fairview. It hasn't
been easy on Eagle Road. So, if we don't do it now it most likely will not get done.
That's -- I can't say that for certain, but that has been the case. As we know when we
try to go back and put them in later we still have the same arguments from even more
developers that are to the south. I know we do have one development application in on
the south side, so --
De Weerd: Thank you. Good points. Council, any other questions?
Bird: I have none.
De Weerd: Yes, Larry. Because I do have a question for you. I saw you wiggling in
your chair over there, so I knew you had something to say. Go ahead. If you would,
again, state our name for the record.
Woodard: My name is Larry Woodard. I just draw your attention to the aerial
photography and you can see that at Umbria the amount of the median that has been
taken out for left turn lanes in and out. If that were projected down also in front of our
entrance you would still have space for a median between our entrance and Umbria and
between our entrance and the intersection. So, we are not opposed to medians per se,
it's where they are at is the problem. And -- and, again, we would hope that they would
not be installed directly in front of our entrance.
De Weerd: So, Larry, I guess my question to you -- I know your elders have probably
talked about safety in that area. Some of the challenges that -- that the current
configuration has, but now envision this built out, what -- what is the safety plan for the
church? At some point that is -- that would have to be a concern putting the amount of
traffic in an area that -- that does not have some of the safety features. When is that
acceptable?
Woodard: The access across from Umbria will be used to develop the first area to the
south is my understanding. There is going to be no other access points on the south
side between the intersection and Umbria. We have talked about it and, you know, if
worse comes to worse, then, we would have to have police directing traffic on Sunday
morning. That is an option. We would rather not go that direction, but when you talk
about U-turns, I can see a car load of kids and -- that have been jacked up from Sunday
school trying to make a U-turn and, you know, I think U-turns to me are the worst, but
will accede to the traffic engineers. So, that's what we have talked about. But, again,
you know, at what point does our prior agreement not hold water anymore?
De Weerd: Well, you could ask all of the businesses on Eagle Road that very same
thing. It's a safety aspect and safety does trump those -- those access points. You will
continue to have them, but there is never a guarantee for full right -in, right -out, left -in,
left -out, whatever, when it is trumped by safety.
Meridian City Council
November 19, 2013
Page 24 of 92
Woodard: We are 840 feet in, so we are not right on top of the intersection, so --
De Weerd: Council, any questions?
Bird: I have none for Larry.
Rountree: I have none.
De Weerd: Anything further, Larry?
Woodard: No. Thank you very much.
De Weerd: Okay. Thank you. And I guess, Larry, I would also comment on a couple of
your remarks. You guys were awesome for the Ten Mile interchange. The Ten Mile
interchange has improved the quality of life for our entire community, an addition to that
area, it's really opened it up. So, I know you filled another room down at ITD when --
when we went and advocated for the Ten Mile interchange and there is no doubt that
Ten Mile Christian Church -- and I'm sorry I almost called you Cherry Lane Christian,
because that was my church and it -- it is an amazing community partner. Again, this is
a question about safety, folks. It's not about if you're not an extremely important partner
in our community, because you are.
Hoaglun: Madam Mayor, we have a very long agenda ahead of us yet. We have just
started the night, so --
De Weerd: We do. But when we have quiet time it makes people want to ask
questions, so what -- what direction are we wanting to go here?
Hoaglun: Madam Mayor, can I ask Caleb -- what are you looking from us for tonight?
Hood: Madam Mayor, Councilman Hoaglun, nothing is required of you this evening. I
think any direction, any comments you would like to forward on to Diane -- if you want to
have a vote that you support the medians or that the options that Diane, you know, laid
out, no medians, an opening in front of Ten Mile, or as designed. If you want to take a
vote I'm sure ACHD commission will consider that in their -- their deliberations when
they ultimately decide. If there is just general comments -- I mean Diane and I can carry
that message forward to the commissioners, too. So, this isn't an action item
necessarily. I'm sure there is some in the audience that would like to hear Meridian City
Council X, Y, Z, but that's not a must do. If you don't have enough information or aren't
comfortable or whatever, you can just make comments and forward them on to ACHD
as individuals.
De Weerd: I think I could probably speak for Larry is if your motion is to support the
removal they want a motion. If it's not they just want you to make comment. Is that
correct, Larry? I thought we had that thing going.
Meridian City Council
November 19, 2013
Page 25 of 92
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I might throw a question at our Police Department for a moment, if I may.
We have other places -- well, let me back up before I ask the question. I do
transportation systems all over the country and, of course, I have dealt with one way
roads and medians and where I have seen them put in for safety reasons, the
businesses that complained that they will go out of business, that turns out not to be
true. Other activities -- people get there and there are accesses here. But we have
introduced a concept around Meridian that I have not seen other places and that is a
three-way access, as opposed to a full four way access, and we have a couple of
places where right -in, right -out and left -in, but not left -out is allowed. One of them
think has been mentioned, Portico, and I think we now have a couple of them on Eagle
Road and I guess my question for Scott is how is that working and might that work
here? My biggest concern about this -- I travel up and down Franklin myself in this
section of road and -- and that hill is a definite safety issue. Even if it gets slightly
flattened out and it can't go much flatter than it is, this is still a safety concern in this
spot. But my question -- my long-winded question to get to is would a three-way access
work here and is that an improvement in the other places we have it?
Colaianni: Madam Mayor, Mr. Zaremba, I was hoping I wouldn't get called into this
conversation.
Zaremba: Sorry for that.
Colaianni: Thank you for that. The short answer is I don't know. I would have to look at
the statistical analysis and compare the accident rate and such with that. I just don't
know. There is probably something our analysts can do to look at that. I will tell you off
the top of my head that in the 17 years I have been at the Meridian Police Department
some of the worst accidents I have seen were because of left-hand turns. They are
broadside accidents, they are always very serious. The only other accident that's worse
is a head on. And since we have put the medians in on Eagle Road we have reduced
that to almost none. Unless somebody is doing something really hair brained, but -- and
the U-turn accidents we haven't seen -- still the rear enders, the people that aren't
paying attention and traffic that slows down and so those medians have helped us
enormously with reducing those serious accidents and I have seen people die on Eagle
Road many times in my career because of left-hand turns. I don't have an answer for
you on those. We don't have many of them in the city. I don't -- I don't recall any
serious accidents in those, but I just don't have the statistics to tell you what the
difference is between the two.
Zaremba: Thank you.
Meridian City Council
November 19, 2013
Page 26 of 92
De Weerd: Sometimes these raised medians elicit different comments from the police
and fire, so since I guess Councilman Zaremba put Lieutenant Colaianni on the spot,
Chief Amenn from the fire service perspective, raised medians have always been a
concern. Are there concerns in this area if raised medians were put in?
Amenn: The concern for us is usually where it hinders our access with our vehicles.
We have found in areas where they have put in raised medians by planning ahead we
have been able to find alternate routes. I have to concur with the lieutenant that some
of the worst accidents again that we have had are because of the left turn lanes. And,
again, I could check our statics as well to give you that information.
De Weerd: But the crews, have they been hindered on Eagle Road?
Amenn: Madam Mayor, no, we have not. We have actually taken into account those
left turn lanes and have entered that into our dispatch system, so we can pick and
choose by which side of the road comes in as to which apparatus may be responding.
De Weerd Thank you.
Hoaglun: Well, Madam Mayor, just to kind of kick off comments -- I don't know if we
need a vote on this or not, but I will comment we will just go from there. One of the
things that Councilman Rountree kind of focused on was the intersection along Ten Mile
and that's 330 feet. I think that's going to come sooner for problems making a left turn
heading north on Ten Mile than the other intersections, because when I go to church
and go past there and that's -- that's one of those turns with the turn lanes, it's just
before that they are having to cross and to get to a center lane, that one is going to be --
be a problem and, then, that creates a problem if people don't turn left there and you
can't turn left out of the main entrance, how are you going to head north on Ten Mile
Road, except for going back -- back to the quarter mile mark. When we approved the
Ten Mile planning for that south side, that was a blank slate and it's one of those few
times that we get to do something with a blank slate and say, okay, here is how it's
going to go and you can plan for that and everyone knows the rules going in. It's always
hardest with people who are already there and, then, you try to change things, because
it does have an impact and that's -- that's why we get people here all the time saying,
well, yes, I know you're doing this, but -- so, this argument we hear time and time again
and so it's not new -- it's never easy, but it's not new and I understand Diane's comment
that we get the federal dollars and we need to use them and it's planned for that and if
we don't do it it's going to be harder later on and more expensive, yes, that's true with
Eagle Road, but look how far Eagle Road went before we really determined, yes, we
need -- now we need the medians and they are generally accepted, because people
realized without them there is a bigger problem. So, I go back again to that timing
issue. I would like to see ACHD plan for the medians four years from now, whenever
that is built, but it's one of those options that only if needed. If the traffic counts warrant
those medians would they go in and you still have the discussions with the folks in that
area, because they are the folks who use that all the time and they will know if it's time
or not. I mean that's -- I still trust people and their common sense. I think they realize
Meridian City Council
November 19, 2013
Page 27 of 92
when there is -- when there is safety issues and they don't want their kids or grandkids
or somebody else -- or in my case my parents at risk when their skills aren't quite what
they used to be and -- oh, Councilman Bird. Yes. But that would be my comment is
have that in there as an option, but not -- in my opinion they are not going to be going
in, but they are there and as you get closer you take another look at it to determine are
they needed from that safety standpoint. If they are not they don't go in. And it might
be truly when Nick is a parent and his kids will need those, because of the traffic counts
and we don't know when that is. So, it is a safety issue, but I hate to take an arbitrary
number and just say, well, four years from now it's going to be a safety issue when it
really may not be and development may be such that they still can do that safely, so
that's my comment.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I realize with all things that it ends up costing more to put it off, but I could
support the idea of asking ACHD to design this for future medians, but not put it in until
it appears to be needed.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: My recollection is is that was exactly where we ended up east of here on
Franklin Road. My comments are that this whole area went through a fairly extensive
and very expensive and long process to come with the Ten Mile area plan to create
something different, as opposed to what we have all grown up with. To plan for the
future, not to patchwork to the future. To grow into and get used to. Maybe a bit
visionary, but at some point in time we have to stop doing things and redoing things
and, then, doing it again, because we knew that we were going to have to do something
in the future. I supported the Ten Mile specific plan, I supported the medians, I can --
can see deferring the medians, but I'm not sure that takes care of the issue we have
before us tonight, because I don't believe anybody here tonight is at all concerned about
medians west of their full intersection into and out of the church property. The question
is at the entrance and I do not believe that ACHD, given the safety issues that they have
experienced on multi -lane facilities will want to allow full access at that point. I'm willing
to suggest to them that we support medians. At that location we would support
deferring it if their safety analysis indicated as such, at least in and about that
intersection, but that we don't lose sight of the medians for the rest of the facility and we
don't lose site of providing as much medians in that area as possible and providing full
movement. If that's not engineeringly feasible and/or safe, then, I would support putting
in the median at this point in time. We had before us in our information package a
number of studies, a number of responses from communities across the country -- Utah,
Minnesota, on and on of these kinds of issues that communities face, the concern
people have about controlled access and the facts that come out after this happens
Meridian City Council
November 19, 2013
Page 28 of 92
and, essentially, what happens is people get accustomed on how to get around,
business does not go away, business doesn't change -- in some cases it's enhanced
and you might actually find that instance on Eagle Road now. People might be more
inclined use it, because it is a bit more safe. Not that that's -- this is an example of that.
But I think this is just the start of an issue that you have with the location you selected
for your establishment. I see Ten Mile becoming a real problem for you in the future --
and in the near future. When Highway 16 comes across the river probably next spring
or fall, the traffic volumes on Ten Mile are going to be even greater than they are now
and right now it's bumper to bumper during the rush hours and the cues are a quarter of
a mile to a half a mile long and for whatever reason -- and I haven't figured this out yet --
it's both north and south traffic morning and night. So, that intersection is going to be
tough. Now, I understand that you're off peak, I understand that you're weekends, and
that is an advantage for you and for that reason I'm not uncomfortable about providing
access at your main entrance for a period of time until it's just not even feasible. But
think you probably ought to start looking at an access plan for your facility, because I
think in the not too distant future it's going to be difficult getting out going left. So, that's
what I have to say. I would concur with Councilmen Zaremba and Hoaglun that we at
least look at deferring the median at that location, but not for the rest of -- of Franklin in
this project and if it's not engineeringly feasible and if it's determined not safe by ACRD,
then, move forward with the median.
De Weerd: So, I think that was pretty clear, Diane? Okay. Council, any further
discussion for action necessary on this?
Bird: I don't think I need to speak to --
De Weerd: So, just to repeat in case you didn't understand what we just said is the
recommendation from what I heard is to keep the medians in -- in the section between
Ten Mile and Black Cat and delay any installation in front of your main entrance until
traffic counts warrant it. Is that correct, Council?
Rountree: Good summation of my long windedness.
Zaremba: Close enough.
De Weerd: Okay. Thank you. Okay. We will take a three minute break, because
don't imagine the rest of you want to sit through the rest of our meeting.
Recess: (7:32 p.m. to 7:39 p.m.)
B. Transit Planning: Review Draft Charter and Public Outreach
Plan for the Meridian Transit Planning Team
De Weerd: Okay. We will now consider Item No. 7-13 and invite Kelli forward. Thanks
for joining us, Kelli, and thank you for lasting through the first item.
Meridian City Council
November 19, 2013
Page 29 of 92
Fairless: Thanks, Madam Mayor. No problem. I'm Kelli Fairless with Valley Regional
Transit. We are here today to -- I guess present to you a charter for a planning project
that we'd like to do with the City of Meridian, as well as for the City of Meridian. We
have been working with a project team and I believe this charter was in your packet, so
I'm not going to go into lot of detail, other than to -- as an overview say that we are
interested in doing these kinds of projects for the -- all of the jurisdictions within our
service boundary and this is the first one we are doing -- or I guess we did a similar
process with the city of Boise for the last couple of years as we have been preparing for
their budget discussions. What we are thinking about here is to have a -- we are calling
it a mid term service plan, knowing that we don't know when the system would be fully
funded, but we appreciate that the Council has put some funding into their budget to
develop a new route in Meridian and what we want to do is make sure it's the right
route, that the routes that we select to do in the short-term with the funding available is
the right route and not -- it's something that can be successful and we think in order to
assure that we want to look at it in the context of serving the entire City of Meridian with
-- with transit service. So, we have a conceptual guide in our plan called Valley
Connect and this will give us a chance to look at the assumptions that were made in
that, the areas that you would all like to serve and get stakeholder input, citizen input on
that as well. So, I'm not going to go into all the detail of the charter. The one thing that
will point out -- we are going to do public involvement and our goal is to try to use the
public involvement tools that you all already use to try to reach out to many citizens and
get them to participate in the process and, then, just an overview of the decision making
process that this project that's listed in the charter will bring a recommendation to the
City of Meridian Transportation Commission and, then, that group would bring a
recommendation to you and once you make your recommendation on the plan, then, we
would carry it through the Valley Regional Transit board process. So, with that, Madam
Mayor, I'd stand for any questions.
De Weerd: Thank you. Council, any questions?
Bird: I have none.
De Weerd: No questions?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Kelli, did I understand you to say you're looking at developing a plan for the
entire city or just for this fixed route?
Fairless: It would be a plan that would -- it would be the transit system that we think a
city of Meridian's size would have or should have and then -- then we would pick a
route, prioritize the different routes that would be envisioned and, then, pick a route that
we think could be successful as a stand alone route. My concern if we don't do it that
Meridian City Council
November 19, 2013
Page 30 of 92
way is we may pick a service that might serve an area, but not -- but need to be
connected to other things, so --
Rountree: I guess my only caution in doing that is to not build an expectation that the
City of Meridian will have a complete transit system. It's too identify an additional fixed
route for Meridian within the budget that we have established for doing that. Okay.
Fairless: Yeah. Madam Mayor, Council Member Rountree, that is the stated goal.
Consider a medium term service plan with a short-term emphasis on developing a
commuter base fixed route.
Zaremba: Madam Mayor?
Rountree: At sometime that gets --
Fairless: Yeah.
Rountree: -- goes way beyond any expectation.
De Weerd: Well -- and the expectation is kind of already out there anyway. This item
that was put funding towards was to be a Ustick route that would connect Boise and
Meridian in a loop area, so I think the expectation is kind of already out there. Mr.
Zaremba.
Zaremba: Well, Madam Mayor -- and that is the point. This may be refocusing that
expectation shall we say. I know I'm the one that promoted joining this with a
suggestion that I thought came from the city of Boise to extend their Ustick route and I
described the loop that you're talking about. As the committee that Kelli was talking
about is moving forward, what she's explaining is that what I described may not be the
best use for the money that we set aside and what I agree with the point that Kelli is
making is that in order to have an idea of what is the best use for that 60,000 dollars we
first need to have an idea of what a full system for Meridian would be and, yes, we are
not saying we are going to try and do that with 60,000 dollars or anything, but if we have
an idea of -- of what the overall service Meridian needs are, then, as Kelli has said, out
of that we can pick a route that we can probably test for 60,000 dollars, as opposed to
inventing with no context -- which apparently I was doing, inventing with no context the
route that I suggested, but this makes it much more focused and Meridian as a whole
would get a better bang for its 60,000 dollars if this is a route that may eventually be
part of a whole plan. So, yes, we are refocusing the expectations from what I originally
suggested, but we are not going beyond the 60,000 at this point.
De Weerd: And so what is the funding for the study?
Fairless: Madam Mayor, the -- we are using internal resources for Valley Regional
Transit. So, we have planning dollars that we get every year and so it's our internal staff
time.
Meridian City Council
November 19, 2013
Page 31 of 92
De Weerd: Thank you. That's refreshing. Just wanted to point that out
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: Yeah. I'd point out she's reading from the project objectives and outcomes. It
does say completed mid term and short term service development plan with budgets to
include the following and it includes an outline of service to meet the needs of Meridian
in mid term, routes, detailed operations -- so, there will be that and Councilman
Rountree talked about expectations, but of course from a planning perspective at least
we know what that would cost and we are going to do this, but that's up here. So, it's
hard not to create expectations. When you talk about numbers -- oh, it costs this or it
costs that and people jump to conclusions, but you have to have that if you're going to
plan, so --
Fairless: Yeah. Madam Mayor, Councilman Hoaglun, that's really the point is so that
there is a -- a clear understanding of what those costs are and, you know, we certainly
will -- would be happy if the city were to entertain the idea of expanding transit, but I
think it's always for your citizens to know when they are thinking about ways that we can
fund this to know exactly what we would be funding and how much it would cost.
Rountree: That's good.
De Weerd: I think you have a good team to vet the information and --
Fairless: Yes. They have been very engaged and it's been so far a really good
process. I have been really happy with how it's going.
De Weerd: Very good. Anything further from Council?
Bird: I have none.
Rountree: No.
De Weerd: Thank you, Kelli.
Fairless: Thank you.
C. State Highway 16 River Crossing Impacts on Local Roadway
Network
De Weerd: Item 7-C is regarding State Highway 16 and I think Caleb or Ryan --
Meridian City Council
November 19, 2013
Page 32 of 92
Hood: Just a quick intro, Madam Mayor, and, then, Ryan Head is here. So, as we
discussed ACHD's draft 2014 to 2018 integrated five year work plan here about six
weeks ago, a comment came up -- I believe it was Councilman Rountree asked ACHD
to look into the impacts that are forthcoming with State Highway 16 being constructed
across the Boise River and T'ing into U.S. 20-26, Chinden Boulevard. So, ACHD --
Madam Mayor did send a letter to ACHD. The commission directed their staff to look at
it and staff recently provided feedback on their initial analysis and steps forward and
Ryan is here to report to -- to some of their analysis findings and next steps.
De Weerd: Thanks, Caleb. And I -- I think I called it dump. You know, you have a
Highway 16 that's going to dump their state highway traffic onto local roads, so how are
we accommodating those trips.
Head: Thank you, Madam Mayor, Council. Ryan Head, Ada County Highway District.
Planning and programming supervisor. You know, it's always nice to -- you know, when
you work for ACHD you expect not being very popular, but it's nice to not be the one
who is completely the least unpopular for the night, so --
De Weerd: So, what are you inferring?
Head: That Diane was less popular than I was tonight, so --
De Weerd: Oh, point it to Diane.
Head: She left, so I can say that.
Zaremba: But you're appreciated, nonetheless. And so is she.
Head: Well, thank you. It's always a pleasure to come and visit with you all. So,
tonight as Caleb mentioned, we just wanted to respond to the questions that were out
there and -- and give you our path forward and how we hope to address the impacts
that we see that -- that are coming. I -- there we go. Okay. So, as you already know,
the alignment will be extending State Highway 16, it will come out in the area of
McDermott Road where that road currently sits now. The traffic coming to the south will
have the option to go either east or west. Access directly onto McDermott Road will be
limited and they will not be allowed to proceed directly onto McDermott Road. Traffic
that wishes to access State Highway 16 will have to access it either from the east or
from the west. There will not be direct access to State Highway 16 and the river
crossing from McDermott. Our understanding of the thinking there is that the future
alignment for the roadway would -- would not actually be McDermott for any future
extension, it would be parallel and McDermott would serve as an access road and so as
to not create those expectations now this is the traffic pattern that's being set up. So, if
you're on McDermott, McDermott would actually act a lot like a right -in, right -out
roadway or a development as it accesses Chinden at that point. The result of that is
where we are seeing the majority of impacts coming from State Highway 16 is on Black
Cat Road and Ten Mile Road, as you can imagine. The primary reason for that would
Meridian City Council
November 19, 2013
Page 33 of 92
be the interchange at Ten Mile. So, existing conditions. All intersections and roadways
-- and we look at them separately. Typically you would expect that the intersections
would need to be -- would fail prior -- or would not meet the level of service threshold
before the roadways would and when you expand an intersection it allows it to go longer
before the roadway would fail. Currently existing conditions has been all intersections
on the roadway are meeting our level of service standard, which level of service
standards are based on a level of congestion and the perception of service on the
roadway. It has a ranking A through F. F being failing. Our standards are D, which it --
so that when a facility reaches that threshold it gives us time to make improvements to
the -- to the facility before it completely fails. So, if we were to take State Highway 16
and have it added to the system right now with what's out there on the road without the
improvements that are programmed into the five year work plans, what we do see is
that the intersection of Franklin and Black Cat would cross those thresholds. What we
do know, though, is that that intersection is programmed, as was just discussed
previously tonight, that intersection is programmed for improvement in 2016.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: Okay. I see. You're going farther with future conditions, but I was just
questioning the Ten Mile - Chinden intersection, which is -- appears to be close to failing
now, so I was surprised it didn't come up with --
Head: We will get there.
Zaremba: Okay. Thank you.
Head: So, now if we were to take that five years out, the -- in 2018 if the State Highway
16 bridge wasn't completed, which we know it will, just to give you an idea of what we
expect -- is that the three intersections in red are expected to cross that threshold just
with the development that's projected over the next five years and the growth that's
projected there. With -- if you add in the State Highway 16 bridge it makes those ones a
little bit worse, but it adds to the list of those that are not meeting the standards, the two
intersections on Chinden. Now, how these were expected to be addressed -- there is a
-- a development cooperative agreement that we have for improving the intersection at
Ten Mile and Chinden with the Walmart that's coming in in that location, that they would
make that improvement to that intersection. The intersection of Ten Mile and Franklin --
a famous place tonight. When that intersection was built out recently they built it out for
a seven by seven. Currently they are not utilizing all lanes. They are striped out. Part
of that it so to wait for the improvements to the west to occur, so that when those
additional lanes are needed they will able to be received by the roadway. So, for the
time being there is existing infrastructure that would make that meet standards once
that -- once those were opened up and the improvements to the west are made. So,
that leaves us, really, with three intersections. And I apologize. It should be -- it should
be a Ten -- we should have a red dot at Black Cat and Chinden and not at Franklin. I
Meridian City Council
November 19, 2013
Page 34 of 92
apologize. It didn't get updated there. So, the intersections of -- of Chinden and Black
Cat, Cherry and Ten Mile and Ustick and Black Cat are all in our CIP for improvement.
Ustick and Black Cat was included in our prioritization this year, it just fell lower in the
process. We do -- have had some preliminary discussions for potential development in
the area of Ustick and McMillan, which would have some mitigation factors, mitigation
requirements to those -- the two Black Cat intersections. However, they are not far
enough in the process to get any of those details. However, we do identify that those
three intersections really are the -- are the three that kind of don't have improvements
planned at this point in time. Our proposal that we took to our commission and that they
approved was that we -- with our scoping trip that we scope these projects, we explore
interim improvements where they would be needed and, then, we add them into our
prioritization process, just similar to what was mentioned regarding the budgeting and
making decisions on where you put those funds with ACRD. We have many
intersections that aren't meeting our threshold that fall into our prioritization process.
Really, the situation is when they rise to the level of needing improvements that's when
we -- when an actual improvement would be made. However, the interim treatments
would be helpful, especially in areas where you have stop -- four way stops or two way
stop conditions. So, with that I will stand for any comments or questions you might
have.
De Weerd: Thank you, Ryan. Council, any questions?
Bird: I have none, Mayor.
Rountree: Would you go back one slide?
Head: Sure.
Rountree: So, you have got Ten Mile and Cherry listed there, yet we have Ten Mile
from Cherry to Ustick project in the program for next fiscal year?
Head: Uh-huh.
Rountree: Does that not -- if we are going to do a project out there are we not going to
improve the intersection to accommodate future traffic volumes?
Head: That is a great question and, I apologize, I can't speak to -- to what the full plan
is with that improvement, whether that -- and maybe Caleb knows that project a little bit
better than I do, but -- Caleb, do you know if that does include the intersection or not?
De Weerd: Well, I know Diane said you plan for 20 years, so it must.
Head: Yeah. Let me see if I can get an answer for you and I will try and answer that
before -- by the end of the meeting.
Meridian City Council
November 19, 2013
Page 35 of 92
Hood: Sorry, Ryan. Madam Mayor, Councilman Rountree, I know it does not include
that intersection. It is just road widening -- roadway widening basically north of
Walgreens up to the recently improved Ustick-Ten Mile intersection that was just done
last year. So, that intersection in the plans -- in the five year planning anyways for a
rebuild and particularly not with that project, but the 16 project for the roadway widening.
Rountree: You say it will stay as a five by five?
Hood: There is no other plan to change it now, yeah.
Head: Right. And as I -- as I try and think back on where we were, the -- the
intersection as it -- as it sits now and when we do our -- our five year work plan and we
do our prioritization of that, we use the existing system and apply the projects as -- on
top of that to where -- and that particular intersection currently does serve -- serve the
traffic that's out there. What we did discuss is that we are seeing that it would -- it
wasn't triggered in that system, because of that -- because it's served appropriately now
and it doesn't rise to the prioritization unless it's not meeting our appropriate level of
service standards at this time. So, when we prioritize those that aren't meeting our level
of service or if they are requested by the city. So, that's -- that's one way to get it into
that pipeline. And I can try and get a better answer for you if you would like.
Rountree: Please. And, then, follow up. What needs to be done at Franklin and Ten
Mile? Just opening up those lanes that are stripped, so it's really -- it's not an
acceptable standard, it's just that it hasn't been opened up.
Head: Correct.
Rountree: Okay.
Head As it sits now it wouldn't -- it wouldn't meet standards, but once it's opened up it
will.
Rountree: Okay.
De Weerd: Okay. Any other questions for Ryan?
Head: Thank you.
Bird: I have none.
Item 8: Items Moved From Consent Agenda
C. Final Order for Approval: FP 13-039 Tradewinds Subdivision
No. 2 by Don Newell, SDN, LLC Located at the Southeast
Corner of S. Victory Road and E. Locust Grove Road Request:
Final Plat Consisting of 22 Single -Family Residential Building
Meridian City Council
November 19, 2013
Page 36 of 92
Lots and 2 Common/Other lots on 10.42 Acres of Land in an R-
8 Zoning District.
De Weerd: Thank you, Ryan. Okay. There was one item moved from the Consent
Agenda. Item 8-C, the staff requested that this be continued to November 26th.
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: I move that we move FP 13-039 to the November 26th scheduled meeting.
Rountree: Second.
De Weerd: I have a motion and a second to continue this item to November 26th. All
those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 9: Action Items
A. Public Hearing: RZ 13-011 Crimson Maple by Crimson Maple
Townhomes, LLC Located on the East Side of NW 4th Street,
North of W. Maple Avenue Request: Rezone 1.59 Acres from
the R-8 (Medium -Density Residential) Zoning District to the R-
15 Zoning District (Medium High -Density Residential)
B. Public Hearing: CUP 13-011 Crimson Maple by Crimson Maple
Townhomes, LLC Located on the East Side of NW 4th Street,
North of W. Maple Avenue Request: Conditional Use Permit to
Construct a Multi -Family Development Consisting of 12
Residential Units in a Proposed R-15 Zoning District
De Weerd: Item 9-A is a public hearing on RZ 13-011 and CUP 13-011 and we will
open these two public hearings with staff comments.
Parsons: Thank you, Madam Mayor, Members of the Council. The first land use
application this evening is the Crimson Maple Subdivision -- it's not actually a
subdivision, it's actually a multi -family development. The site consists of 1.59 acres. It's
currently zoned R-8 in the city. Is located on the east side of Northwest 4th Street, just
north of West Maple Avenue. This project was before you in 2007. The previous
application and the application was requesting a preliminary plat and a rezone and with
that rezone application that's how we have R-8 in place today and there was a six lot
residential subdivision and two common lots. That plat has since expired and now the
applicant is here this evening to discuss their proposal for rezoning, conditional use
permit, to construct a multi -family development. As I mentioned to you the site does
Meridian City Council
November 19, 2013
Page 37 of 92
consist of 1.59 acres. The residence to the north is not part of the development. The
applicant is providing one access off of Northwest 4th Street. Access into the site will
be provided through a private drive or basically a common -- not a common lot, but just
a private driveway. All of these units will be held under one -- under single ownership,
so staff is not requesting or requiring any cross -access with the development. The
applicant is proposing eight structures on the site. Five of them will be duplex -- a mix
of two units attached and, then, there will be two units that are single units and, then,
one property management office located within the northeast corner of the development
here. The applicant has also worked with the adjacent neighbors and has proposed two
story and single story units throughout the development to blend in with the surrounding
residential development as well. Open space for the site does consist of basically a
large 48 -- 4,600 square foot open space there at the entry. There will be guest parking
at the entrance for overflow parking. One unique feature with this site plan is the
applicant is actually proposing two car garages with 20 by 20 parking pads in front of
those. So, it's not a typical multi -family development where you get covered parking
and a parking lot, you're actually -- the applicants designed this to emulate a single
family development, but because there is multiple units on one parcel, it is identified as
a multi -family development in the Unified Development Code. Again, here is the
concept plan or the landscape plan that they are proposing this evening. You can see
here it's -- the two story and single units is delineated on this plan and you can see how
it interfaces -- how it's meant to look like a single family development. The applicant is
proposing a mix of units in there. All of them are to look similar to that of a single family,
as I mentioned, with board and batten, decorative corbels, a mix of materials. Because
the applicant is proposing a rezone this evening, staff is recommending a development
agreement and Commission came forward with that same recommendation. So, the
way we have it set up for you tonight is staff is, basically, requiring that they comply with
their site plan, landscape plan, and elevations that were before you this evening and we
have also restricted the number of units and the maintenance office on building as well.
So, we feel we have it locked in pretty consistent with their concept plan. As
mentioned to you earlier, Commission did forward recommendation to you with these
modification -- these DA provisions before you this evening. The applicant and the
property owner did sign up in support of the application. There was one gentleman
named Wayne Stevens who provided written testimony in opposition of the project, who
didn't feel it was an appropriate location for multi -family development. No one else
commented on the application and as far as any outstanding issues or any key items of
discussion by the Commission, there aren't -- there weren't any discussed. There are
no changes to the staff report. It was a pretty clean application at the Commission
hearing and to staffs knowledge there aren't any outstanding issues before you this
evening. Be happy to answer any questions Mayor or Council may have.
De Weerd: Thank you, Bill. Council, any questions? Councilman Zaremba.
Zaremba: Madam Mayor. Bill, can you go back to the landscape plan. I just -- over at
the left end where the private driveway is ending and the guest parking is, I hope that's
a typo. Does -- does that not connect to the street that -- this drawing appears to have
landscaping between the -- the entry road and the -- and the street.
Meridian City Council
November 19, 2013
Page 38 of 92
Parsons: Madam Mayor, Members of the Council, Councilman Zaremba, that's an
oversight on the plan. They will actually be doing their street frontage and providing
detached sidewalk along 4th Street, as it is designated a collector street and ACHD has
commented on the application and required that as well, so --
Zaremba: Great. And, actually, they are making 4th Street at that point the full width
that it's supposed to be? I believe it's less than full width now, isn't it?
Parsons: That's correct. They will be doing those --
Zaremba: So, are they correct in that?
Parsons: Yes.
Zaremba: Cool. Thank you.
De Weerd: Okay. Any other questions for staff at this time? Is the applicant here? If
you will, please, state your name and address for the record.
Leraris: Good evening. Justin Leraris with J.J. Howard Engineers, representing the
applicant. We are at 5983 West State Street, Boise, Idaho.
De Weerd: Thank you.
Leraris: You know, I will try not to -- I will try to be pretty fast. I know there is still some
people behind me, but there is just a lot of good things to say about this project. I think
from the very beginning the developer has done whatever he can to -- to really exceed
requirements in making sure that the neighbors were all comfortable with the
development. We had a neighborhood meeting with full size color renderings of the --
the elevation plans and the site. You know. And I think the -- something that is
important to point out is with the geometry of this lot and its size, it kind of what dictated
the way that it was developed and that how this really is a smart development. It's only
about 194 feet wide in the thick portion and only has about 80 feet of frontage and so to
do a typical -- a regular subdivision with a public road most of your area gets eaten up
by basically right of way and street and, then, you would have to have a cul-de-sac in
the end, because we have no access out to the east side and so with what our
developer wanted to do, which was provide a nice duplex and single family rental
homes, it wasn't necessary at all to do land splits or a public road and so it all just
worked out really nice that this provides, you know, density close to the center of town,
but yet these -- these are, basically, going to look like 3,000 square foot, nice single
family homes and I just think it's just a really smart way to develop and so I just wanted
to bring that to your attention and that's also why we were seeking the R-15 rezone. We
are not actually increasing the density from R-8, it's still R-8 density. The R-15 was just
necessary to allow for multi -family. Let's see. What else? There is -- and, like I said, in
terms of making the neighbors happy, we also have put our one story townhomes along
Meridian City Council
November 19, 2013
Page 39 of 92
the south side of the project to match -- we have one story single family homes along
Maple Avenue there and, then, over on the east side is where there are some existing
duplexes. So, that's where the two story townhomes will be, as well as on the north
side, which is the church softball field. So, that actually took care of a lot of -- any
issues that people might have had with privacy from the two story duplexes. Six foot
vinyl fencing will be around the perimeter of the site. That's another thing that will help
with screening if anyone has any concerns at the way these are esthetically. And
another positive, which I think if Bill goes back to the picture, is just like he said, 4th
Street is not completely improved right now. It's in actually pretty rough shape. And so
this project will -- will have full improvements there with the bike lane per ACHD staff
report. That will really clean up that section right there and some of the site photos
shows here that this lot has been, you know, undeveloped for a while and there is just,
you know, a lot of weed growth and everything like that and I think just putting in some
nice -- nice homes and getting some people there occupying this space close to
downtown is a big positive and, you know, I just think Planning and Zoning, they
responded really favorably to this project. I think they were really excited about the
amenities with the barbecue area and the community garden and, you know, it's kind of
one of those projects that if I were a neighbor I would be all for it. I think it will do
nothing but raise property values in the area and so I'm here to answer any questions
that you might have.
De Weerd: Thank you. Council, any questions?
Rountree: I have none.
Bird: I have none, Mayor.
De Weerd: Okay. Thank you.
Lararis: Thanks.
De Weerd: This is a public hearing and I did have a couple of people sign up on the
sign-up sheet. If when I call your name if you would like to come forward and provide
testimony we would invite you forward at that time. Delores Borden signed up as
neutral. Thank you for joining us. If you will, please, state your name and address for
the record.
Borden: I'm Delores Borden. I'm at 1612 Northwest 2nd in Meridian.
De Weerd: Thank you.
Borden: My only question -- and I'm not sure who to address it to. They said something
about getting 4th Street kind of cleaned up there close to where they are going to put
the apartments and things, but is there any proposal to put 4th Street all the way
through to Cherry Lane or is it still going to be dead ended right there and where the
Meridian City Council
November 19, 2013
Page 40 of 92
church -- where the LDS church is and everybody -- all the traffic that's going to be
routed down West 2nd. Yes.
De Weerd: Well, in the site it doesn't show that street going through, so this
development doesn't go all the way to Cherry Lane.
Borden: Right. It does not. But it's on the corner of West 4th and Maple -- Northwest
4th and Maple close to the corner and so it -- they would be coming down Northwest 4th
to get into the area. So, in order to leave that area they will -- in order get onto Cherry
Lane they will have to come down Maple and, then, turn down West 2nd Street in order
to get to Cherry. So, we are already seeing a huge amount of traffic increase after there
was no longer a way to get onto Northwest 1st from Cherry Lane if you were coming to
the west. You would have to -- so, they come down to 2nd Street, turn down 2nd Street
and go back over to 1st. So, are they going to be looking at the same thing for West
4th? Are they going to be coming down West 2nd to get to 4th all the time and we have
already a huge amount of traffic added down West 2nd and they are just adding a whole
lot more.
De Weerd: Yeah. I can't answer -- usually they do a traffic impact study, but this
probably isn't large enough to -- to ask for that. I do know that 4th street goes clear to
Pine, which when the roads were closed a lot of people used 4th.
Borden: Right. West 2nd to get to 4th Street.
De Weerd: And they also went out that -- whatever. Cresmont. I think this one would
probably go out Cresmont before they go down 2nd, but who knows.
Borden: Who knows. Yeah. We see an awful lot of them that's in Cresmont come
down to West 2nd to get down to Cherry Lane as well. So, especially if they are turning
to the right, so they can get into the traffic pattern going on out to the freeway and so
forth, so I was just wondering if there was any kind of a study to see if -- if we were
going to have another big problem with traffic. If there is, you know, like you say, there
is only going to be eight or twelve units, which is at least eight or 12 cars, usually times
two, because almost everyone has two cars, that's, you know, that much more traffic
coming in. So, we were kind of concerned on West 2nd if we were going to get hit
again.
De Weerd: Yeah. That's a hard -- hard question to answer, but --
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: While I can't actually answer that question at this time, I would point out that
in the future it is still in the plan that 4th be connected all the way through. I forget how
long ago now. It's probably four or five years ago, the church came in asking for permits
to do something around their church. I don't remember what. They were going to build
Meridian City Council
November 19, 2013
Page 41 of 92
another building or something and at that time we required them to complete that part of
the road as a condition and I believe they withdrew their application after that condition
was --
Borden: They did.
Zaremba: -- put on them. But I suspect they won't sit there forever. At some point they
are going to need to do whatever it was they were asking to do some time ago. So,
while this isn't an immediate answer, 4th Street being connected and completed is not a
no, it will happen at some time, we just don't know when.
Borden: We have only waited 32 years. Thank you.
De Weerd: Al Borden signed up as neutral. Thank you for your patience If you will,
please, state your name and address for the record.
A.Borden: Allen Borden and I live at 1612 Northwest 2nd.
De Weerd: Thank you.
A.Borden: And as Mr. Zaremba was mentioning, when we -- and I come to that meeting
when the Mormon church wanted to build another building and I remember you people
asking them if they wouldn't share with the cost of putting 4th Street out and since it's
going to increase the traffic on our street, what would be your feelings of asking this
developer to share in putting some money towards making 4th Street go through to
Cherry Lane. It would take a lot of traffic off of our street if they did that.
De Weerd: Well, they will be paying impact fees, but those impact fees do collect into a
pot and so -- and they will be giving right of way as part of this development.
A.Borden: Uh-huh. I realize some people will go out through Cresmont, but a lot of
them will go out through 2nd Street. They will go to Maple and go out through 2nd.
Quite a few of the people in that area on Cresmont do now and I don't know why they
do, but we walk a lot in that area and I have noticed quite a few of the people that are
on Cresmont when they want to access Maple go that way for some reason. I haven't
asked any of them why they do that.
De Weerd: Yeah.
A.Borden: But we have noticed it's a little hard sometimes to get out of our driveway
even when we try to back out and there is so much traffic already. I'd hate to see more
of it. And, then, the gentleman just before us said he asked to have a meeting with all
the neighbors, but he didn't ever contact us. We was never invited to a meeting and so
suspect he only went to three or four of them right close around --
Meridian City Council
November 19, 2013
Page 42 of 92
De Weerd: There is a requirement that they invite everyone within 300 feet of their
development.
A.Borden: Well, we are 300 if you went across the Mormon's lot. Anyway, we was
never asked to a meeting. Didn't even know they was going to have a development
there, so --
De Weerd: Well, they did post their property and we do show that they did their -- their
public notification.
A.Borden: Yeah. Nobody sees that posting on that dead end street unless they walk
down there.
De Weerd: Right. I was walking in that area a couple weekends ago and I didn't see it
myself. But I didn't go back there. There was no reason to.
A.Borden: Well, we would like to see 4th go through and it was just a thought, maybe
you could require the developer to help pay for it. Since you were going to require the
church to help pay for it.
De Weerd: Uh-huh.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: Because the church is the adjacent property owner, we could make that a
requirement. There is -- there is an issue in Idaho with off-site developments. This
developer is being required to improve the road on the frontage that he has on the road,
but we actually aren't able to force them to contribute to something that's not adjacent to
their property. So, it was voluntary on the church, to do all of it in their portion and we
were hoping they would move something sooner rather than later, but -- but this
developer is doing what he's required to do, which is improve the roadway along his
frontage, but we can't by law ask for more than that.
A.Borden: That's too bad. Thank you.
Zaremba: Thanks.
De Weerd: Thank you. Is there a Leroy here? I assume someone signed up on the
wrong sheet, but -- okay. This is a public hearing. Is there anyone else who would like
to provide testimony on this item? Okay. Council?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Meridian City Council
November 19, 2013
Page 43 of 92
Bird: Hearing nobody wanting to need anymore public, I move we close RZ 13-011 and
CUP 13-011.
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.
De Weerd: I guess before that motion I should have asked staff this question, but there
is an old house -- and I don't think it's occupied -- that's in the -- that's lot -- yes, that lot.
Is -- is that annexed into the city?
Parsons: Madam Mayor, Members of the Council, it is.
De Weerd: Okay.
Parsons: R-4 at this time.
De Weerd: Okay. Thank you. That's all I wanted to know. Okay. Council, what would
you like to do?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve RZ 13-011 and include all staff and applicant and public
testimony in our facts -- conclusion of law and findings of facts.
Rountree: Second.
De Weerd: I have a motion and a second to approve Item 9-A. Any discussion from
Council? Hearing none, Madam Clerk.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
De Weerd: Item No. 9-B.
Bird: Madam Mayor?
Meridian City Council
November 19, 2013
Page 44 of 92
De Weerd: Mr. Bird.
Bird: I move we approve CUP 13-011 and to include all staff, applicant, and public
testimony.
Rountree: Second.
De Weerd: I have a motion and a second to approve Item 9-B. 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.
C. Public Hearing: AZ 13-012 Sagewood Subdivision by
Sagewood Overland„ LLC Located on the South Side of W.
Overland Road Approximately 650 Feet West of S. Stoddard
Road. Request: Annexation of Approximately 16.34 Acres from
R1 and RUT in Ada County to the L -O (Limited Office)(5.02
acres) and R-8 (Medium -Density Residential)(11.32 acres)
Zoning Districts
D. Public Hearing: PP 13-026 Sagewood Subdivision by
Sagewood Overland, LLC Located on the South Side of W.
Overland Road Approximately 650 Feet West of S. Stoddard
Road. Request: Preliminary Plat consisting of two(2) office
lots, forty-five (45) residential lots, and Eight (8) Common Lots
on Approximately 15.62 Acres in the Proposed L -O and R-8
Zoning Districts
De Weerd: Item 9-C and D are public hearings on AZ 13-012 and PP 13-026. 1 will
open these two public hearings with staff comments.
Parsons: Thank you, Madam Mayor, Members of the Council. Next item on the agenda
is the Sagewood Subdivision. It's currently located on the south side of Overland Road
approximately 650 feet west of South Stoddard Road. The land for annexation this
evening consists of three parcels zoned R-1 and RUT in Ada County. Three years ago
the parcel -- the far west parcel here was in for was annexation known as Dexter King
property. He was trying to get the existing home hooked up to city sewer and water --
or city services. At that point he wasn't sure what he was going to do with the property
and later withdrew that application. So, what the applicant has done is come -- he had
two remnant parcels, he wanted to make a viable project after talking with staff and
discussing with him in the pre app he felt it was his best interest to consolidate
additional properties and come in with a proposal this evening. You can see that the
Meridian City Council
November 19, 2013
Page 45 of 92
properties are currently developed with two single family residences and several
outbuildings and one of the outbuildings -- or excuse me. One of the single family
residents the applicant is proposing to remain on one of the office lots and I will get into
that in a little bit more detail as I get into the presentation. And the other existing home
to the east will be demolished with the subdivision improvements. You can see here
that the property is adjacent to vacant and commercial development. In the area
currently on the Comprehensive Plan this property is designated medium density
residential. In our analysis not only the office portion, but also the residential portion,
that property to the east of this site is mixed use. So, what staff did is -- as you know,
land use is not parcel specific, zoning is. So, if we look at the surrounding uses in the
area and also mixed use or land uses in the area, we float some of that designation
over onto this property and we feel it's an appropriate request by applicant to request
the two office lots. At this time they do not have any development plans to move
forward with yet, but they do get two office lots zoned L -O here and, then, the south
two-thirds of the property they want single family detached houses. So, in order to give
us a proposed development plan for the office lots or a concept plan, the applicant
sketched out six office buildings in various square footages anywhere from 6,000 to
9,000 square foot range. Their main entrance -- access into the site will come off of
Overland Road via South Sagewood Avenue. The office lot will take access to that new
roadway connected to Overland Road and the applicant has reached out to not only the
property owner to the east, but also to the west and has provided and proposed cross -
access to that property as well. So, we are trying to eliminate some of those curb cuts
onto Overland Road moving forward. I'd also mention to you at the time that this office
building to the east developed this area that's she's proposing cross -access was
basically a fire emergency turnaround for the fire department. So, in order to get that
connection it should alleviate some of the fire department's concerns moving forward
and getting secondary access between both developments. The residential portion of
the plat consists of 45 residential lots and eight common lots. There are future stub
streets to the west. Because that the transfer station and the Freedom Storage to the
east, the applicant is not providing any access to that property and if you recall to the
south is a large vacant parcel that currently the school district owns, so the applicant
has provided pedestrian connection along the south boundary. Not only would that
provide secondary -- or pedestrian connection to the school, but it will also provide a
secondary looped water system when the school site develops, so they will be able to
bring that water system in, tie into the system and ultimately we will have a water
system that connects into a collector road that was approved with Fall Creek farther
south. Here is the proposed landscape plan that the applicant has demonstrated. Per
the UDC the applicant is required to provide a 25 foot landscape buffer along Overland
Road, to have a highlighted entry into the development the applicant is proposing center
medians, detached sidewalks and parkways to give you the boulevard look. Staff has
conditioned them to provide that look into the development. As I mentioned to you,
there is cross -access to the west and to the east. One action item for -- or one item for
Council to consider tonight is the properties to the east -- or west of this development is
currently zoned R-2 in the city and as you know when we have residential zoning up
against commercial zoning it usually requires a landscape buffer. Well, in the UDC the
Council is allowed to reduce that buffer width through the public hearing process. So,
Meridian City Council
November 19, 2013
Page 46 of 92
the applicant is asking you to take action on that tonight and reduce that buffer as you
see it in the concept plan this evening. So, more than likely the minimum landscape
buffer will be ten feet and, then, the building will be set back 15 feet. So, you get 15 feet
between the building and the property line and ten feet for the parking area. Both staff
and Commission did support that recommendation at the Commission hearing. Open
space for this site is around 15 percent. It consists of a central open space park with an
interconnected pathway and, then, the proposed amenity is a micropath lot, of course,
to the school site, but also the applicant is providing covered picnic area here on the
south end of the open space. Both the open space and all the lots within the
subdivision -- they comport with the UDC as far as dimensional standards and lot sizes.
If I can go back to the plat very quickly. As I mentioned earlier on in my presentation
the applicant is proposing that one home remain on one of the office lots and this is
currently Lot 1, Block 1, on the preliminary plat. Typically staff does not support keeping
-- once this goes commercial we typically see -- the existing residence will become a
nonconforming use under the UDC. We don't allow residential uses in a commercial
district. The Commission -- when we were at Commission the applicant proposed some
language for the home to remain until it was redeveloped in the future. I think
Commission brought forth a recommendation to you this evening supporting leaving the
house in place until the property redeveloped. My recommendation to you, based on
Commission's action is that we add another DA provision kind of just spelling out what
could occur with that property with future development. Because we -- the applicant did
submit elevations consistent to what's in the surrounding area and proposed Fall Creek,
you can see they are -- had a mix of material -- some high quality materials. So, there
is a recommended DA provision that all future elevations comply with the submitted
elevations as well. Not to belabor this too much, but here are the six recommended DA
provisions. The one -- the first one addresses the home elevations in compliance with
those elevations. The applicant did not provide any elevation for the office lots, so,
basically, staff is conditioning them to comply with our design standards, not only the
UDC, but also the design manual. We require cross -access as shown on the concept
plan in C there. D is a Pubic Works condition that needs to be -- because of the way
this sewer shed is in this area the applicant actually has to get an easement on the
adjacent property owners parcel in order to get sewer and service development. So, we
wanted to make sure, since that is an off-site improvement and this is an annexation,
we wanted to make sure we had that in a DA moving forward and the applicant and the
current developers are aware of what needs to happen to run services. That goes
along with E as well. Excuse me. And, then, F is the bold DA provision that I'm
proposing is the one that references existing residential home on Lot 1, Block 1. And
so, basically, we are recognizing that -- once it's zoned L -O we are recognizing that it is
nonconforming and that it will be demolished and removed upon development of that --
that parcel and we noted that in that DA provision. At the hearing Planning and Zoning
Commission did recommend approval to you. Becky McKay did testify in favor of the
application. She also provided written testimony on the application and several DA
provisions and conditions of approval were modified based on her comments. One had
to do with the existing home remaining and, then, the applicant worked with Bruce
Freckleton in land development to work with some of the conditions -- Public Works
conditions of approval and those are, then, reflected and updated in the staff report.
Meridian City Council
November 19, 2013
Page 47 of 92
Key issues of discussion. There weren't really any before the Commission. As
mentioned to you, there are two outstanding issues that staff would ask you act on
tonight. The first has to do with the reduced buffer between the office zoned property
and the residential property there to the -- in the northwest corner of the site and, then,
also allowing the existing home to remain on Lot 1, Block 1. With that staff has not
received any other additional testimony on this site. There are no outstanding issues
before you this evening and I would stand for any questions you have.
De Weerd: Thank you, Bill. Council, any questions?
Bird: I have none.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Bill, the last condition in the DA that you talked about, the existing residence,
I'm concerned that -- and I don't know that this is going to happen, but it probably will if
we don't do something about it. If the owner decides to sell the residence and it
remains a residence, we don't want to go there. If it's vacant and sitting there, we don't
want to go there. I'm not sure we want to get in and see rental business there, so I don't
know how you get around all of those peculiar situations that we always seem to get
ourselves in without thinking about this stuff. So, I just throw that out for us to be
thinking about for a few minutes.
Parsons: Madam Mayor, Members of the Council, Councilman Rountree, I think Becky
-- the applicant's representative has some history on how that home is to interact and
interface with the development around it, so I think she can elaborate on that a little bit
more.
Rountree: Okay. Good.
Parsons: Staffs original recommendation was scrape both houses at the Commission
hearing.
De Weerd: Okay. Becky.
McKay: Thank you, Madam Mayor, Members of the Council. Becky McKay with
Engineering Solutions. Business address 1029 North Rosario, Meridian.
De Weerd: Thank you.
McKay: I'm here representing the applicants on this particular property. As Bill
indicated, there are -- there are three -- three parcels there and -- Bill, if you can go
back to the map. I initially met with the staff on -- my clients -- I initially met with staff.
My clients owned these two parcels right here in green. Obviously, they -- it was a
Meridian City Council
November 19, 2013
Page 48 of 92
challenge to try to come up with some type of a quality development when the property
was so narrow. You said, you know, have you talked to the property owner to the west,
maybe you guys could get together and make a better project out of it by combining the
parcels. So, we did -- we did approach Mr. King, who had come in at one time to annex
to the city and, then, withdrew his application and he indicated his desire to -- to have
some office up front and, then, to sell the southern portion. So, we were able to
combine the properties. Oops. Now it won't move. There we go. So, what we -- what
we looked at was what's existing out there. You have commercial to the north. You
have C -G, office and future retail to the -- to the east of the property and we thought,
well, you know, it made more sense if matched -- oh. I'm having technical difficulties.
Sorry. It made more sense if we matched up with that office lot and came across the
frontage of that property. The staff liked that idea. They said, you know, if you can
come up with some type of a concept we think that that makes sense. Overland Road
is a principal arterial, it's going to have high volumes of traffic, it's five lanes, it's targeted
to be seven lanes in the future. We really don't want single family backing up to it. So,
we created this -- this limited office buffer, which we felt would, obviously, benefit the
area, but would be compatible with the single family development. So, the depth of that
office was match up. The other thing that we wanted to do was -- with that one point of
access to Overland Road, we did a split median type -- with parkways on both sides and
median -- landscape median as you enter into the property. So, we have a good feel.
It looks like a neighborhood. It's coming through the office. It's an integral part and not
just piecemealed together. As we come in we did a loop street and stub these future
streets to the west. We did work with -- talk to Mr. Denny Johnson. We tried to acquire
his property. He owns the two skinny parcels to the west. He was not interested in
selling. I did coordinate with Mr. Fost who lives here to the -- on the western corner and
he has a triangular parcel with a home. He said, you know, I'd like to be office
sometime, too. I think it makes sense, because, obviously, single family adjacent to
Overland is probably not going to work from a long-term perspective. So, we agreed to
do a cross -access to him. We also worked with Kelly Hogan who owns the office parcel
on the east side of us and he has an appropriate point on his site plan where he already
has curb and gutter that abuts us, so we could just swing him in also. So, we are trying
to get some interconnectivity along that Overland corridor and, then, reduce the number
of curb cuts. One of the things that we had to work with was -- Dexter King does have a
mortgage on his property. There is an existing home that is occupied on the parcel.
So, typically when we are doing a development we are scraping the houses. That's the
case on the east side of our entrance where that house is unoccupied. Due to the fact
that -- the complication that he has a mortgage and that he needs to retain that house
until such time as it develops, we came up with a creative solution where, obviously, on
the east side of the entrance road we would -- prior to signature on the final plat remove
all structures, but prior to any certificate of zoning on the western office lot -- meaning
they couldn't do anything with it, they would have to remove the home and I think Mr.
King is here this evening, it's his intent that, obviously, to develop the property as office
and so that's the long-term solution. We worked -- we did all the heavy lifting at the
Planning and Zoning Commission. They did a great job. We worked through these
conditions. We kind of did some wordsmithing and we came to great compromises.
The only thing that I wanted to mention that concerned me is, obviously, the 25 lot
Meridian City Council
November 19, 2013
Page 49 of 92
restriction as far as a redundant water source. We are eventually going to have the
stub streets extended to the west, which will connect to the south to Fall Creek. We
have also stubbed to the south, so the school district will loop their water through us.
We will make a connection to them. They will be hooking to Stoddard and to Kodiak.
We have an Idaho Power substation to the east of us, which, obviously, there is no
opportunity for a stub. We have the mini storage and the office on the east. We do
have a stub -- a second stub off of Overland Road that the City of Meridian installed as
they came down Overland with -- as far as these Overland Road improvements. So, we
could potentially bring that water down and connect here. The staff thinks that that
might be the solution, but I want to -- you know, obviously, bring it to the Council's
attention. We do have properties where making a secondary connection is going to
happen, but it just happens in the future and like this particular project we are 45 lots,
it's hard to build a subdivision and be kept at 25 and make it, obviously, economically
viable. And so the Council is going to face this. I think here we have figured out a
solution, but it is something that the Council is, you know, going to have to be -- address
with other projects, especially on your periphery. Do you have any questions?
De Weerd: Council, any questions?
Rountree: Becky, you heard my concerns and I still have those with your presentation,
but what's to keep that residence from selling at some point in time in the future and
maintain the residence if the future owner decides, well, maybe I don't ever want office
there or maybe I want to turn it into a rental, when, in fact, it's a nonconforming use, but
it gets perpetuated in some fashion. I don't have the language that would take care of
that right on the tip of my tongue, but I think there is probably some there and I need to
be comfortable with the fact that at some point in time in the future that does not
become a problem for the landowner and the planning staff and the development.
McKay: Madam Mayor, Councilman Rountree, obviously, I can't make commitments on
the property owner. I think Mr. King would have to address that question. You know,
what we can do -- he will be signing the development agreement. That development
agreement will be recognizing the fact that -- that it is intended that that parcel -- it can't
get any building permits, it's not eligible for -- you know, I don't think they can even get a
fence permit, because they can't -- until such time as the house is removed. Basically,
we can plat the lot and build the roadway, provide the necessary public improvements,
but I think he's going to have to address that.
King: Thank you. My name is Dexter King. 1195 West Overland Road.
De Weerd: Thank you.
King: I fully support this project as it is. I have been trying to do something with this
property since I owned it in 1989. 1 built a house there in '90. 1 do realize there is a
highest and best use for this property that's imminent. It may be two, three, five years
away, but I think what the applicant has proposed -- particularly on the -- the acreage
behind the house and for the -- what is it, 45 lots? It's something that really is good for
Meridian City Council
November 19, 2013
Page 50 of 92
this particular piece of property -- these two properties and I think that if there is a deed
restriction that needs to be put on this particular piece, my intent as the owner of this --
even though I have a mortgage -- is to go ahead and go forward with the highest and
best use, which I believe this plan right here shows. Any questions, Madam Mayor?
De Weerd: Council, any questions?
Bird: I have none.
Rountree: Madam Mayor?
De Weerd: Councilman Rountree.
Rountree: Do you currently live in that residence?
King: Yes, I do.
Rountree: Okay. And do you plan on staying there?
King: Yes, I do.
Rountree: Until it's developed?
King: That's correct.
Rountree: Okay.
De Weerd: Mr. Zaremba?
Zaremba: I just wondered if we could add the words owner occupied to the -- was it
Condition F that we were adding? Can we stick those words in someplace? Does that
help?
De Weerd: I saw our attorney nod his head and -- thank you, Mr. King.
King: Thank you.
Rountree: I would add words to the effect that it would not be sold for any other use
other than commercial and it would remain owner occupied.
McKay: Is that acceptable? Mr. King indicates that that would be acceptable to him.
Rountree: That would work with Mr. Nary and Mr. Bill?
Nary: Yes, sir.
Meridian City Council
November 19, 2013
Page 51 of 92
De Weerd: Mr. Bill. Any other questions from Council?
Hoaglun: Madam Mayor? Bill, could you go back to the DA requirements? On Item E
we do discuss shall we stick to the conception no more than 25 lots and, then, underline
-- unless this number of lots is increased in the future by action of City Council. I recall
on Ten Mile or Black Cat, Chinden, between Ten Mile we are reviewing that and there
may be some changes in that here in the future, so that -- that might alleviate some of
that problem for you, Becky, I think. We are looking at -- can you elaborate a little bit
more, Bill?
Parsons: Madam Mayor, Members of the Council, Councilman Hoaglun, that is why we
put that soft language in there, because we knew that discussions were being had by
Council, so we tried to give Becky some latitude on that, because things can change.
De Weerd: And the change proposed is to move it to 50 or it was 50 and you want to
move it to 30.
Radek: Madam Mayor, Council Members, we came to you a couple weeks ago and
said that we were aligning with the Fire Department when they changed their code. As
of January 1, 2013, they are going to go to 30 lots for their access requirement and
that's where we want to be for our requirement for redundant water supply as well.
De Weerd: Okay. Well, I guess I just have -- we have been allowing 50; right? Has
there been a reason other than some code that has always been there that we still allow
30 -- that we are moving it -- or 50 that we are moving it to 30?
Amenn: Madam Mayor, I'm not aware of any other than the change in the 2009 code
that we adopted.
Nary: Madam Mayor? Madam Mayor?
De Weerd: It's like where is that coming from? Mr. Nary.
Nary: Madam Mayor, Members of the Council, I think the 50, Madam Mayor, if I recall,
is regarding vehicle access for the apparatus, not water access.
De Weerd: Oh. You're very correct. Thank you. So, what does that do when it says
25, unless the number of lots is increased in the future action?
Radek: Madam Mayor, I believe that what -- what we do about -- it says that that
number is changed from 25 to 30.
Hoaglun: Madam Mayor? From what I understand, that way she -- Becky and the
applicant there would have to come back and redo this to get up to the increase. This
allows that if the Council makes that change, then, they have automatic expansion to
that -- to that number.
Meridian City Council
November 19, 2013
Page 52 of 92
De Weerd: But I think Becky's request is more than 30. Is that what I understand?
McKay: Well, Madam Mayor, Members of the Council, we have 45 lots and the
standard has been the 50 for one point of ingress and egress and my understanding is
when you guys adopt the new fire code as of January 1, anything beyond that will be 30
and so the 30 is going to be consistent with the Fire Department. In the past we -- we
have looped our water based on staff's input. This redundancy is a new thing. I guess
it's a DEQ -- it's regulations coming down through DEQ as far as -- they don't have just
one feed to a subdivision. But I guess, you know, the point is -- the thing I stressed to
the city engineer when Warren Stewart and I had a discussion -- Kyle and I had the
same discussion -- there are instances where we have no opportunity to get a
redundant source and those properties will -- you know, they may be in -fill properties,
but they are sitting there -- and some may never have an opportunity. They will sit there
forever. So, I think you have to look at each particular project independently and like
this particular area, you know, combining these parcels, doing stub streets, in -fill, cross -
access -- it doesn't get an better than that as far as, you know, these older residential,
large estate -type lots that at one time were just on an ag road and now Overland is five
lanes. So, you know, if we are going to encourage in -fill we do have to make
exceptions. I guess that's may point and the Council has to be aware of that. I don't --
don't think if -- a property can develop knowing that you get 30 lots, that's it. Period.
And you will have to sit there until such time as you can loop it to another source. Or
not just loop -- to another source. Yeah. And so it's not economically feasible, it's not
practical.
De Weerd: Is this hairy November? Is that -- okay.
Radek: Madam Mayor. Mo-vember.
De Weerd: Mo-vember.
Radek: And it's almost over. I can't wait.
Hoaglun: I thought it was a Halloween custom, the wolfman, so --
Radek: Madam Mayor, I would agree with many of the concepts that Becky was talking
about. In this particular case second connection is fairly easy and we -- as she alluded
to, we discussed this before the meeting. A second connection to Overland would give
this development redundancy and there wouldn't be an issue. There may in the future
be developments where we can't find a solution, but I haven't run into one yet.
De Weerd: Okay. Council, any further information needed?
Rountree: No.
Meridian City Council
November 19, 2013
Page 53 of 92
De Weerd: This is a public hearing. Is there anyone who would like to provide
testimony on this item? Okay.
Hoaglun: Madam Mayor, question for Kyle. You said you discussed that with Becky,
that there would be -- there could be or there needs to be two access points off of
Overland for a water connection?
Radek: Madam Mayor and Councilman Hoaglun, what we discussed is -- is, you know,
the way the staff comments are written it's either -- it's either provide a redundant supply
or limit it to 30 -- 30 lots and the applicant has that choice. A second connection to
Overland would provide a redundant connection, so they could build the whole
proposed plat and they are certainly welcome to, you know, propose that and show that
on their plans and we will support it.
Hoaglun: So, Madam Mayor, Kyle, again, if -- if it's a single connection it's limited to 25,
but if they develop, they decide we are going to go forward with this second connection
off of Overland Road, then, they could increase that.
Radek: Madam Mayor, Councilman Hoaglun, that's correct, with the exception of the
fact that we are at 30.
Hoaglun: Correct. Thirty.
De Weerd: Okay. Anything further from Council? Becky, anything further from you?
A reduction of landscaping on the --
McKay: Yeah. Because we anticipate it being office to the west, so we would ask for
15 versus 20, so we have to I guess -- the Council are the only ones that can grant that.
De Weerd: Okay.
McKay: Thank you.
Hoaglun: Well, Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: Seeing that we have no other comments, I move that we close the public
hearing on AZ 13-012 and PP 13-026.
Bird: Second.
De Weerd: I have a motion and a second to close the public hearings on Items 9-C and
D. All those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Meridian City Council
November 19, 2013
Page 54 of 92
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: I move approval of AZ 13-012. That would include the reduced buffer to the
west part of the property as displayed, but the conditions on the existing home and the
new language crafted by Councilman Rountree be included in the DA and that the
proposed DA provisions as provided by staff and discussed and agreed to by the
applicant be included.
Bird: Second.
De Weerd: I have a motion and a second to approve Item 9-C. Any discussion from
Council? Madam Clerk.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: I move approval PP 13-026 with staff and applicant comments.
Bird: Second.
De Weerd: I have a motion and a second to approve Item 9-D. Any discussion by
Council?
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
E. Public Hearing: AZ 13-009 Spurwing Orchard East Subdivision
by Brighton Investments, LLC Located North Side of Chinden
Boulevard and West of N. Ten Mile Road Request: Annexation
of 26.53 Acres from RUT in Ada County to the R-4 (Medium -
Low Density Residential) Zoning District
Meridian City Council
November 19, 2013
Page 55 of 92
F. Public Hearing: PP 13-021 Spurwing Orchard East Subdivision
by Brighton Investments, LLC Located North Side of Chinden
Boulevard, West of N. Ten Mile Road Request: Preliminary Plat
Approval Consisting of Sixty -Three (63)Single Family
Residential Lots and Four (4) Common Lots on Approximately
25.85 Acres in the Proposed R-4 Zoning District
De Weerd: Item No. 9-E and F are public hearings on AZ 13-009 and PP 13-021. 1 will
open these two public hearings with staff comments.
Parsons: Thank you, Madam Mayor, Members of the Council. The next item on the
agenda is the Spurwing Orchard East Subdivision. Currently on the north boundary of
the north side of Chinden Boulevard just west of North Ten Mile Road. It currently
consists of 26.53 acres of land and is zoned RUT in Ada County. It's actually a non --
basically a reserve lot of a residential subdivision through the county that is in Westwing
Estates. The applicant is basically here tonight to discuss a 63 lot residential
subdivision. Basically an extension of the existing development to the west, which is
known as Spurwing Greens or Jaykers Subdivision. With development of that site the
applicant has provided two stub streets to provide access to this development that was
provided at the north and at the east boundary or west boundary -- east boundary of the
Jaykers Subdivision that will be extended with a development of this site. If Council
recalls, there is a current access -- gated access point to Chinden here for Westwing
Estates Subdivision, currently a private road. The applicant is coordinating with ACHD
on closing this access point off -- well, the applicant isn't, but ITD and ACHD are
working with the homeowners of Westwing Estates to close off this access point and
allow this connection to occur along the east boundary here. As I say, will take access
to this subdivision and get to the signalized intersection at Chinden. It's not reflected in
this exhibit, but staff has met with ACHD staff and discussed this proposal with the
applicant and we are all in agreement that it's best for the safety concerns out there on
Chinden to have this access -- access connected. So, as it's represented tonight it does
not show a connection, but moving forward it will connect. Again, here is -- the
applicant has an exhibit for us this evening to show you how this will interact with the
adjacent properties. As I mentioned to you, to the north is Spurwing Greens Phase No.
2. These are estate lots, larger lots here along the boundary that was approved in 2012
and, then, this phase -- current phase is currently under construction and Council did
act on that final plat application, so I believe the roads are paved and they are moving
quickly and rapidly on completing those subdivision improvements. The open space for
this subdivision consists of 19 percent open space, which is approximately nine percent
over what the UDC requires, so they are in an abundance of open space. I'd also
mention to Council that they are providing a 75 foot wide landscape buffer along
Chinden that will be bermed and landscaped consistent with the Jaykers Subdivision
buffer to the west and the applicant will also be required and shows a ten foot pathway
along Chinden. So, as you can see here we are starting to get quite a bit of pedestrian
connectivity in the area here. At the public hearing there was two adjacent property
owners within this residential subdivision, Westwing Estates, that was concerned about
lot sizes and how it would transition with their one acre lots. The applicant has provided
Meridian City Council
November 19, 2013
Page 56 of 92
a generous -- basically, a wider landscape buffer along this boundary to provide some
of that screening and buffering along there. One other issue that came out from that
hearing was this gentleman was concerned that his driveway was impacting or
encroaching on some of the applicant's property and that isn't the case. The applicant
had testified that there is a workable solution. He will not be encroaching on their
property. One thing that I do want to bring to Council's attention is that in working with
ACHD and ITD, the Westwing homeowners would like their gate to be relocated here,
so they still will have a gated access from their private street. So, they -- the seven
homes that front along that road would only have access through that gate moving
forward. Planning and Zoning Commission did recommend approval at the -- at their
hearing. Other than a few adjacent property owners no one else testified on the
application. There weren't really any items of discussion at the hearing, besides the
landscape buffer and that connection point between the private road and this
development. I think we are moving forward on that pretty quickly here. The applicant
is in agreement with the recommended conditions from -- in the staff report. To staff's
knowledge there aren't any outstanding issues before you this evening and I'd stand for
any questions you have.
De Weerd: Council, any questions? Good evening. If you will, please, state your name
and address for the record.
Wardle: I will. Thank you. Madam Mayor, Council Members, Mike Wardle, Brighton
Corporation. 21601 West Explorer Drive in Boise. I don't think I will take any of your
time, other than to answer any questions that you might have, but I just will kind of
conclude with Bill's comments that this Westwing Estates Double Eagle Drive issue is
something that has been happening kind of on the side. We are accommodating the
action by ACHD and I know that your fire department has been involved in that
discussion. We have never had any concern about it, because, in fact, when we had
our neighborhood meeting the question of the two families that he came to visit with us
were -- can we at least have access through that landscaped area, so that we can walk
and ride our bikes on your streets and is it possible in the future that that can happen,
that the street connection can be made and we simply said that's a decision between
ITD and ACHD and that does move forward, so all things really have been addressed
and we simply ask for your concurrence with the recommendation from Planning and
Zoning and approval of our proposal.
De Weerd: Thank you, Mike. Council, any questions?
Bird: I have none.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Meridian City Council
November 19, 2013
Page 57 of 92
Rountree: Mike, if that case you just described actually happens, would the berm and
landscaping continue across the current access point that would be abandoned? And, if
so, would that be done with this development or who would that be done by?
Wardle: Madam Mayor, Councilman Rountree, I don't know quite how ACHD and ITD
are working with them and how -- what will happen down there, but that is on their
property. That is a private roadway. So, I suspect that there will be some landscaping
that would replace that street connection. But they already have a small berm on the
left side of their street. We are adding 75 additional feet to that and, then, raising it and
when we had the -- at the P&Z Commission hearing the only question of the staff -- or,
excuse me, of the neighbors was how high can you get that berm within that additional
25 feet and we said as high as we can, you know, physically go we will, so -- I suspect
that they will probably add that little bit of landscaping on the south end. There is also --
when you pull in off Chinden currently there is kind of a roundabout cul-de-sac and the
gate is beyond that. I suspect that will be retained, so that at least traffic coming down
would be able to turn around and come back up to the gate and that gate will be actually
installed right at the end of the stub street that we are showing on the plat and ACHD
will make a 24 foot wide connection, which is the same pavement section as that private
street. So, we simply said that we would work with them to make whatever
accommodations need to happen, but they are going to do it -- fund it through ACHD.
Rountree: Okay. Thank you.
De Weerd: Well, I guess just for staff, if that does happen to get some connectivity
between the sidewalk and the subdivision and bringing it east through -- through at least
their -- their sliver there to the property to the east of it.
Wardle: Madam Mayor, just for clarification, ACHD actually -- Bill, do you have that
exhibit that I have included in that little PowerPoint that shows that existing easement
that ACHD secured from the previous property owner?
Parsons: I don't. I don't have it.
Wardle: Okay. Well, I guess just to clarify, we are providing a permanent easement
across that -- what's shown as the landscaped area at the end of that stub street. Yeah.
Right there. I'm not sure if your question pertained to that or not, but --
De Weerd: No, it's the south side. Just along Chinden.
Wardle: Oh, I'm sorry, I don't have any knowledge about what they are proposing to do
there. That's been purely outside of our --
De Weerd: Yeah. I just wanted a note to staff that we pay attention to that.
Wardle: Yeah.
Meridian City Council
November 19, 2013
Page 58 of 92
De Weerd: Or at least Ryan does.
Wardle: Okay.
De Weerd: Anything further for Mike, Council?
Wardle: Thank you.
De Weerd: Thank you. This is a public hearing. Is there anyone who would like to
provide testimony on this item? Okay.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Seeing no further testimony, I move we close the public hearings on Item AZ
13-009 and PP 13-021.
Bird: Second.
De Weerd: I have a motion and a second to approve -- or to close the public hearings
on these two items. All those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we approve Item 9-A, AZ 13-009, including all staff and
applicant's comments and the indication that though it's not finalized, there is action
being -- taking place to eliminate the one access on Chinden and incorporating it into
this development.
Bird: Second.
De Weerd: I have a motion and a second to approve Item 9-E as indicated. Any
discussion from Council? Okay. Madam Clerk.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Rountree: Madam Mayor?
Meridian City Council
November 19, 2013
Page 59 of 92
De Weerd: Mr. Rountree.
Rountree: I move that we approve Item 9-17, PP 13-021, subject to staff and applicant's
comments and identifying the proposed gated access along the northeast corner of the
preliminary plat.
Bird: Second.
De Weerd: I have a motion and a second to approve Item 9-F. Anything further from
Council on this item? Roll call, please.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
G. Public Hearing: AP 13-001 Virden Auto Care by Mike Virden
Located 2651 E. Fairview Avenue Request: City Council
Review on an Appeal of the Planning Director's Decision for
the Installation of City Street Lights Adjacent to E. Fairview
Avenue and N. Hickory Avenue (UDC 11-3A-21 B) Approved
with the Virden Auto Care Certificate of Zoning Compliance
(CZC 12-018)
De Weerd: Item No. 9-G is a public hearing on AP 13-001. 1 will open this public
hearing with staff comments.
Parsons: Thank you, Madam Mayor, Members of the Council. The next item on the
agenda is the City Council review application for Virden Auto. Approximately a year ago
staff approved a certificate of zoning compliance and design review application to
develop, essentially, the south third of the property with a vehicle sales facility and auto
repair shop. At that time we issued the CZC the applicant moved through the process,
got the okays, the approval of the site plan. As he was working with the building
department he was notified by the Public Works Department that he was required to
install street lights along both frontages of his development and the reason for those
improvements was because he was further developing the property. At the time that we
originally issued the certificate of zoning compliance there was not a condition in that
CZC that say -- directly called out street lighting. The applicant was about two or three
months down the road and called me up and said why do I have to do street lights. You
didn't put that in your approval from the planning division and so I explained to them
how the process worked and at the time that he came through street lighting was being
reviewed with building permit applications. So, the time had elapsed for him to appeal
the original issuance of the CZC. Several months has not elapsed since we have been
working -- he has been working with the Public Works Department on appropriate
Meridian City Council
November 19, 2013
Page 60 of 92
locations for those street lights. We have had Tim Curns who departed from the city
and gone to ACHD, so now we have Austin, he's here trying to get caught up -- get up
to speed and to work with the applicant to come up with a solution. In working with the
application -- I know the site plan that I have before you this evening those three street
lights, but I believe there really is only a requirement for one that we are really talking
about. I believe it's somewhat in this general location along Fairview Avenue. So,
probably the biggest issue for you this evening is one -- so, what I had to do is the
applicant reapplied for his certificate of zoning compliance. Submitted a revised site
plan showing the street light locations. That way it would open up that 15 day window,
so he could appeal this certificate of zoning compliance back to you. That was the only
mechanism we had to get this before you this evening. So, we put that condition in
there that he comply with the standards requirements. Probably the most significant
item here is he does not have a final certificate of occupancy for that building yet,
because we did not sign off on that until the street light issue was resolved and now we
are sitting here almost a year out and Mike wondering what -- what he needs to do to
get this thing resolved. So, Mike did provide you -- or the applicant did provide some
justification of why he feels he should not be required to install that street light and that
correspond -- he did provide those e-mails that he received with -- from Public Works as
to light location. So, that is in your packet to review. I will go ahead and turn it over to
Mike now and have him present his argument to you and, then, Austin is also here from
Public Works to discuss the street lighting requirements and what they have actually
discussed to get us up to this point and if you have any other questions for me I would
be happy to answer them.
De Weerd: Thank you, Bill. Is the applicant here? Thank you. If you will, please, state
your name and address for the record.
Virden: I'm Mike Virden. I live at 2303 West Bellagio Drive in Meridian.
De Weerd: Thank you.
Virden: Thanks, Bill. I mean he really did kind of sum it up in -- in what happened and I
have kind of this statement here I suppose I could partially try to read. Our original site
plan -- our early start approval was signed and that's what I kind of sent you guys a
copy of here to begin our foundation permit. I got my bids -- you know, my bank loans
secured. Virtually the cost of, you know, going forward kind of begun with this approval
and as you sitting behind me know, it takes a long time to get to this point. You know,
had many many many conversations with the city, with planning on how to get to the
point where I got to here. So, I would assume any and all things that needed to be
added -- especially in the site -- in regards to the site would have -- would have been
placed on this plan. That's kind of -- I guess -- I mean I understand there is
requirements to do business and to do these things and I get it and I think I have
worked very well with Bill and Bill has been fantastic with me in creating a building that
would function and do what we want to do there. So, you know, ACHD -- all those
requirements were on there. They also required me to do three curb cuts, but they
immediately responded back -- come to the site and said, hey, you know, just do one.
Meridian City Council
November 19, 2013
Page 61 of 92
Actually, just modify this one and we are good. So, that was great. Because I knew
that ahead of time. I knew that going into it, so I could make that accommodation. And,
again, like Bill said, it was a while that this came in and my original -- the original
conversation was lights as in I thought I needed to add more lights to our parking area
and I was like, well, you know, okay. So, I didn't even think about it, at some point they
were coming back saying it was, no, streetlights on Fairview and I was pretty confused
by that. But, you know, I paid, you know, nearly 20,000 in fees -- I mean my ACHD fee
alone was like 15, 16 thousand and, obviously, I know it's going to that SA 16 project,
not my street light, so that's what's happening there. But I mean I paid a lot of fees just
to have the privilege to build there and, you know, I took a property over that was, you
know, virtually bankrupt and tried to diversify it enough, you know, for my family and I to
-- to, you know, have a job and employ some people at the same time. So, that's kind
of really my thing and I tried to give you a time line on when these things took place. I
mean I get the fact that that happens, but it just -- this right now has put me in a huge
burden, because I have to put this street light in, I have to run the power from the street
160 to 180 feet. I got to engineer the concrete to hold the street light. I got to buy the
street light. I got to pay the electrician to wire the street light -- every bit of this is
coming out of my pocket now. I'm not finished with my building. I have only went so far.
have signage on it. I mean it's just blank right now, because I'm not sure what's going
on with this. I have just been in limbo and so -- because this is going to be, you know,
at least, you know, north of 6,000 dollars for me to add a single street light on -- on
Fairview and that's just -- that's -- you know, I don't have any plans, nor did I have any
set aside to do that, because it wasn't originally there. We talked about this for a long
time and, then, I thought I got to a finality of it when Idaho Power -- because the power
lines are so close to the sidewalk that they virtually said you shouldn't put a light there
and, then, the city came back and said, well, their Public Works did -- you know, add a
telephone pole and they would put a light on it and I was like, well, okay. And, then,
they come back with another special type of light. But when I'm sitting on this Idaho
Power everybody agreed the lot right next to me, which you see in my entryway, they
have a telephone pole sitting right there. I mean it would be so easy just to stick a light
there, you know, and I don't see this single street light really being a huge benefit to the
stakeholders. I just -- I just -- I don't see that illumination there to make that big of a
difference, whereas, you know, some of the other things that the site did ask us to do
we certainly were -- you know, were planning enough to get it down, you know, early in
our plan, so -- I think that's all I have.
De Weerd: Thank you, Mike. Council, any questions?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Mike, how far -- is that about a hundred yards from the traffic light there or is it
even closer?
Meridian City Council
November 19, 2013
Page 62 of 92
Virden: The -- they are proposing it I think in a hundred -- it's a little past a hundred
yards they are saying to put it. A hundred and twenty or a hundred forty or -- I don't
know. They had some parameters within that. I don't know if I have it exactly, but
think it's somewhere around 140 feet from the street light.
Peterson: Madam Mayor?
De Weerd: Austin.
Peterson: What we were -- what we are -- proposed to Mike is that he install a center
light, which would be about 106 -- 160 to 180 feet from the signal at Hickory and what
Tim sent in an e-mail in January to Mike's contractor -- which I don't know if he ended
up receiving that e-mail or not -- was that the -- the light on the corner -- on the other
corner of this property would -- could be installed not on the pole, but yet it was still too
far for it to meet our standards and that we needed to have the light in the center.
Virden: Well, originally we agreed -- I have an existing street light and they were going
to allow me to move that, so I didn't have to pay for another street light. They said, well,
use your existing -- I had an electrician test it and make sure it was bright enough, all
that. He did that and everything was fine. Well, Idaho Power said I couldn't use that
street light there, I have to have a shorter street light that extends out, because of the
power lines that are so close to the -- to where the street light was going to be. So, the
power lines are running right there. So, the light that I had on the property -- they
wouldn't allow it up there, because it was too high and too close to the power line. So,
then, that's when they said put a power pole and that's when they said, well, where
these -- whatever they think. So, originally we were trying to find a -- somewhat of a
middle ground compromise and, you know, in the meantime -- I wasn't wanting to do it
at all, but we were trying to find some compromise to do it, but that compromise wasn't
-- wasn't able to be done, because it was -- it was too close to the power line.
Hoaglun: Madam Mayor? Mike, where was that existing power pole located originally?
Virden: It's just lighting up my -- my entryway.
Hoaglun: Okay.
Virden: I mean the entryway into my business. I have --
Bird: Right there.
Virden: Correct.
Hoaglun: Okay.
Rountree: Is that still there?
Meridian City Council
November 19, 2013
Page 63 of 92
Virden: Yes.
Rountree: Okay.
Virden: And it's fairly well lit. All the canopies I have in front of our car wash and, then,
my sign that we just finally had put is very bright. I mean it seems to be pretty well lit, in
my opinion, but --
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: This is for the staff. Bill, is it a safety reason? Because I did have a big campaign
sign out there and it showed very very well at night. I mean there was plenty of light
there. So, is it a safety issue that we are talking about? Can you answer that or --
Parsons: Madam Mayor, Members of the Council. Certainly. I don't drive Fairview at
night, so I can't really respond to that, but I will let Austin -- I will defer to Austin,
because he knows that standard better than I do, because light spacing is dependent on
what the street is designated. Is it a collector? Is it an arterial? And that dictates how
many lights you put on that roadway. So, Austin may be better suited to answer that
question, Councilman Bird.
Peterson: Yes, Madam Mayor and Councilman Bird. So, our standards for Fairview
Avenue, which is considered a major arterial, is that we would have the lights spaced on
either side of the street at 180 feet for 30 foot poles with 250 watt fixtures and -- and it
certainly is a safety concern as far as also driver comfort and overall appeal for the
thoroughfare as cars are driving down the road and the problem with the current lights --
lighting that comes off the car wash and other things is that it doesn't actually provide
lighting on the surface of the street, it's more on the car wash area. In most cases
lighting to the side of the street, when you don't have sufficient lighting over the street, is
actually a distraction for drivers and doesn't allow you to see any objects that are
actually on the road or icy patches. So, when the street light changes were created
they were created -- the spacing was determined in such a way that an arterial would be
lit sufficiently and those specifications came down to 180 feet. So, a light that we are
talking about is -- in this image is the one on the right-hand side along Fairview and the
other light that we are talking about being installed on a pole is the second one next to
his entrance. We just could have the developer -- the next developer in the lot to the
west of him install that light instead. So, that's the compromise that we came to and in
the engineering plans that were sent by his engineer and approved for construction,
which showed the lights that are on -- that you see now, all three of them, those -- the
two on Fairview were listed as Ambica poles and that is a city standard for when
overhead lines are in conflict.
Bird: Madam Mayor -- follow up, Madam Mayor?
Meridian City Council
November 19, 2013
Page 64 of 92
De Weerd: Mr. Bird.
Bird: Austin, when did we adopt these standards? Help me out.
Peterson: I'm not a hundred percent sure when they were officially adopted, but I know
that they were written in 2010 and I believe they were adopted soon after that.
Bird: Thank you.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: My opinion of Fairview is it's a lost cause and it's being scheduled and
planned right now for a total renovation. Correct? Ryan? Okay. Woke him up. And I
can understand the frustration and I can understand getting caught up in kind of the
middle or maybe on one end or another of us changing our standards. It seems to me
that if the lights there light the entrance -- the access point, given the length of Fairview
that is spotty at best with street lights and will remain that way until such time as it's
improved, I don't see a great advantage of having either this gentleman or any other
folks that are going to make some other improvements on Fairview do this
incrementally. It needs to be done all together. It seems to me one -- one standard
street light out in the middle of -- an oasis of a street light out in the middle of Fairview
doesn't make a lot of sense. It really doesn't help the motorists per se unless you're
going to do the whole quarter mile. You're going to have an expense that within
whatever program year -- and I don't think it's too far in the future where there will be
improvements on Fairview and, unfortunately, that money you talked about going to
State Highway 16 are actually probably going to be scheduled for some improvements
on Fairview, which will result in loss of some of the right of way in front of your
operation, including any streetlight that you might put in. So, I can -- I can see in this
instance a reasonable justification for waiving that street light and I would suggest you
just leave the light that's there. If I knew at all that there was some hope that we would
have street lights up and down Fairview and this was the last one or near to the last
one, I would say, yeah, thumbs up, but knowing what's going to happen out there, I can
sympathize where you're coming from and I can understand getting caught in the end of
that transition in what the city's doing with street lighting. Not anything against the
standard. I think it's the right standard, but it's the right standard for projects that we
might do on a street or projects that ACHD might do on a street, but not one at a time.
Particularly when there is a construction project right down the road.
De Weerd: The church across the street was going to be coming in, so is that going to
be applicable to them, too? I mean there -- there is a lot of things going on around this
-- in this area.
Rountree: But would they come in -- would they come into this?
Meridian City Council
November 19, 2013
Page 65 of 92
De Weerd: So, I'm just wanting to clarify.
Rountree: Is this something new or were they caught up in this transition from having
no standards to developing standards to submitting plans that didn't have street lights to
getting on in the process and, then, having site plans that required street lights? To me
we have kind of cut a -- I have difficulty with this particular issue and I have difficulty
when people get caught up in our transitions and we have got a number of those.
Bird: And Madam Mayor?
De Weerd: Mr. Bird.
Bird: We -- from -- from Hickory on down to Fairview we had the same problem.
mean -- and the church is going to cross -- is going to come in and stuff. I'm like
Councilman Rountree, I -- if we went and did a whole quarter mile or a half mile or
something I could understand that, but you're taking individual things and it's not really
helping the overall lighting of the street as far as I'm concerned. I just think that when it
gets ready to get done and it will be redone and that's when we look at doing it.
De Weerd: I guess I'm just trying to understand -- get clarity on -- of the precedence
that we might be setting or not, because there is still plenty of development that will be
going in on Fairview and what we want to do, then, is not -- it's not important to have
lighting out there until whenever that stub road is improved, which could be in ten years,
it could be in 20 years. And that's -- I'm just trying to --
Rountree: Madam Mayor, if there is new development coming in on Fairview and the
development is such that it accommodates the right of way for the new roadway and it's
identified in the process that those people go through, then, put in the lights. In this
case there was nothing done in the landscape or -- or setback area, most of which is
going to be taken by expansion of Fairview. If a good part of developing their property
is behind that and we are asking them to stick new infrastructure out in right of way or
out in area that's going to be buffer right of way, it's going to be destroyed. Now, if it
had all been at once and we could utilize it all at once and have the advantage of it, fine.
But having it spotty based on what development occurs doesn't make a lot of sense to
me. ACHD apparently does not feel that street lighting is -- is required enough to have
it out there on this and so --
De Weerd: No. I think it's our responsibility. That's -- they have told us that.
Rountree: So, I don't -- if it's new development -- and, like I said, it's accommodated
with that typical section of roadway, then, we ought to put in the infrastructure and, then,
do the new development. But they are just making building improvements, I have a
hard time seeing that on an incremental basis.
De Weerd: Well -- and I'm just -- again, when we approved this development before Mr.
Virden owned it, it was a car wash and now it's a car wash and a car lot. The use was
Meridian City Council
November 19, 2013
Page 66 of 92
intensified and usually when we intensify the use of a piece of property we bring it up to
code and I think that's why this is in front of us to begin with and that's all I'm trying to
understand and I'm sure -- staff is going to have the same question, is where do we
apply bringing it up to code and where don't we. I am just looking for consistency,
nothing against you, Mike --
Virden: Can I interject real quick here?
De Weerd: -- but I would also say it makes it even more important to be consistent and
to code, because we did have a councilman's sign on this piece of property while that
application was active. So, I'm saying if we are going to do this here we will do it with
everything.
Bird: And I have --
De Weerd: And with everything we have asked them to bring it up to code. That is
what I'm talking about.
Bird: Madam Mayor?
Rountree: Madam Mayor, that's not what I said.
Bird: Yeah.
Rountree: I said I think this is a peculiar situation where our code requirements were
not identified early on in the process, because apparently we didn't have them finalized.
They later on got applied to this project. That's the way I understand this information. If
that's incorrect please tell me. I have the site plan. There is no indication on this site
plan that was approved that street lights are required.
Virden: May I interject real quick, just an observation? On the corner of Locust Grove
and Fairview that was an extensive change of occupancy and a higher volume business
put there when Blockbuster was changed and there is not a street light within a 160,
140 feet of that property.
Rountree: I think you're right.
Virden: And they say it's because it's a different use, but you just mentioned it's a
higher use -- well, that's exactly what they did, they changed Blockbuster into two
businesses and they didn't have to put any street light improvements out there and I --
you know, so that -- I'm just trying to say, you know, you don't want to make an
exception, you want to be careful, there is -- you know, that's -- that's what I saw. I'm
watching that happen right before my eyes and asking them the same question, why
not. I don't know.
Meridian City Council
November 19, 2013
Page 67 of 92
De Weerd: I can't answer that. I'm only talking about the project that's in front of
Council tonight.
Virden: Correct.
De Weerd: So, Bill, did you --
Parsons: Madam Mayor, Members of the Council, I can elaborate a little bit more and I
can even use the example he just brought up. When that site expanded the building
footprint was already existing. This was new development. This was a new structure.
It's different. They went through a change of use. It's not necessarily a change of use
that will trigger that, but it's also new development and this site extended its
development. It developed the south third of the property and that's why the street light
got triggered. The only -- it's not an issue whether or not the street lighting ordinance
was in effect when he came in, it was. That's not a case -- that's not the issue here.
The issue is the Planning Department wasn't putting that condition in for the street lights
with certificate of zoning compliance, because that -- that wasn't the process that was
established. It happened at building permit stage. So, when Mike -- or the applicant
sent his building plans into building division for review, at that point it triggered Tim
Curns at the time to review the site plan and require the street light. Since we have
dealt with this issue with Mr. Virden we have corrected the issue to be consistent, so
now in our certificate of zoning compliance we are saying coordinate with Public Works
on street lighting requirements, so that this doesn't keep happening. So, we are trying
to correct the issue -- or at least the timing as -- trying to get it up in front of the
applicant early on in the planning process, rather than getting it in with the building
process. Now, with the subdivision application we always require street lights,
regardless if it's commercial or residential. That condition will always stay in place and I
think developers know that.
Rountree: So, Madam Mayor, this situation is reminiscent of a short in a residential lot,
it shouldn't have been there and, quite honestly, fingers can be pointed in both
directions and I will take my comment back about the street lighting standards not being
there, but our process was not in place and, then, demanding to get the process in
place. I understand it's going to take some time and we are going to have these
glitches. So, I still -- my comment is this is a case where I can say our standards are --
okay, they are there, but our process was not and put this gentleman in a situation
where -- I'm guessing if he would have known he needed a street light up front he
probably would have talked to his banker about it. And my comments about Fairview
stand. To me it's a lost cause.
Bird: Yeah.
De Weerd: Now, I disagree with that. I do agree if we didn't have it when he came in
for the original phase --
Nary: Madam Mayor?
Meridian City Council
November 19, 2013
Page 68 of 92
De Weerd: -- we just have to --
Nary: Sorry.
De Weerd: Can you just let me finish?
Nary: I'm sorry. I thought you were.
De Weerd: It's my meeting, so I can keep saying whatever I'm saying. But, I agree, it --
we can't go back and change our mind and this -- I will agree with Councilman
Rountree, not to say we shouldn't apply our code, but this wasn't part of the original
piece of the CZC and it's -- we can't go back and say, oh, we didn't tell you about this.
So, that's the exception that I can certainly hang my hat on. Mr. Nary.
Nary: Madam Mayor, Members of the Council, I mean just so that -- whatever motion
you want to form, you have to -- you have to remember in the process -- the CZC
process is only to determine whether or not you can actually conduct that business
there. Now, process improvement that's gone on is trying to provide as much up front,
but you're going to run into issues where things occur at different stages, building
permitting, building fees, permit fees, there is lots of those things that occur. So,
however you want to form your -- your motion, make sure to take into consideration that
the process improvement doesn't mean the process was flawed, it's trying to provide as
much information as early as possible, but you're going to run into these situations
where as staff improves the process or improves the information that's being provided, it
isn't because an error has occurred, it's simply because after a while we find people
seem to run into the same problem and so that's really the case here. The CZC in our
code is only to determine if they can actually do it. If you waited until the end there is
always going to be parts of your process that we cannot possibly give every piece of
information up front. So, however you form that, please, make sure to consider that in
your motion.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: One thing I would say is -- and the staff between all the departments are working
very very hard to make sure stuff like this don't happen. We do have the little glitches
that don't get out there and stuff and so, you know, it's certainly nothing against the
staff, but also the applicant needs to be treated fairly, too. So, as we go along and we
are -- and have better communication, we will -- we will get these little glitches taken
care of and won't have these problems back before us.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree, hold on. Mr. Hoaglun was next and, then, I will call on you.
Meridian City Council
November 19, 2013
Page 69 of 92
Hoaglun: Madam Mayor, a question for -- I don't know if it's Caleb, Bill, or Austin, but
when the extension of Fairview takes place and if the property is not up to standards
and when it's been there forever, hasn't made any changes, are they responsible to put
in those street lights or will that be ACHD?
Peterson: Madam Mayor and Councilman Hoaglun, as you know, ACHD will only install
street lights at intersections where they deem it necessary and so far we do not have a
plan in place for updating areas that are currently not up to code when they do this
project.
Hoaglun: Thank you, Austin. I appreciate that. The Fairview interchange down the
road, that's going to take place. If we ask Mr. Virden to comply and put up that
streetlight and that change comes, then, he is responsible for moving that streetlight or
ACHD?
Peterson: Madam Mayor and Councilman Hoaglun, ACHD is responsible for moving all
existing facilities that are within the right of way and that need to relocate.
Hoaglun: Okay. Thank you.
De Weerd: Mr. Rountree.
Rountree: Thank you, Madam Mayor. I did not imply or mean to imply that this was a
staff error. It's a -- it's a function of making changes in our processes and these things
are going to happen and when they happen we need to recognize they happen and we
need to make them right and that's the only point I want to make. So, we are making a
lot of changes and they are all in the right direction. At some point in time we will have
a close to perfect solution.
Hood: Madam Mayor, if I can, just real quickly to that point. We are looking to improve
our process all the time and as Bill mentioned when this one came through we were
reviewing street lights with building permits with Accella, which is our enterprise
software now. We are able to get comments from other departments earlier in our
process and get them out the door, but when we tell our staff you have three to five
business days to put out a CZC, you cannot get comments and conditions from
everyone everywhere and give that to an applicant in that amount of time. But we are
-- when we find these things that are bigger ticket items, we are putting those notices
out there in our CZC that says, yes, your use and site plan are approved, but go talk to
ACHD about impact fees, because we don't know what those are going to be, talk about
sewer and water, talk about street lights -- those bigger ticket items we are going to get
the notice out there and this is one of the bigger ticket items and we weren't putting that
notice in our CZC at the planning level that we looked at for three to five business days
after submittal and we have improved that process through Accella and working with our
departments, but there may be other ones out there and we try to disclose as much as
Meridian City Council
November 19, 2013
Page 70 of 92
we can up front, but this one -- this one was a fairly large one that we didn't disclose to
the applicant.
De Weerd: Thank you, Mike. Do you have anything further?
Virden: I don't.
De Weerd: Okay. Thank you. This is a public hearing. Is there anyone who would like
to provide testimony on this item? Yes. Thank you for waiting patiently. If you will,
please, state your name and address for the record.
Agulara: My name is Jessica Agulara. I'm with D.L. Evans Bank, 213 North 9th Street,
Boise, Idaho. Madam Mayor, Members of the Council, the bank across the street -- we
are very concerned about the lack of lights in the area and after hearing all the
comments tonight I can appreciate all the different viewpoints and concerns that all
parties have, but as you are aware, Fairview is going to be changing. Not sure when.
And when it does get presented the plan -- it eventually gets presented to this Council I
will be back, because it will have what I perceive as a negative impact specifically at our
location. We are concerned about the lighting in the area, lack of visibility, security
issues, perceptions of -- of security issues, especially because we are a financial
institution, we are hypersensitive to that. So, we are really here tonight to encourage
the light to be installed as required or as presented to you and I guess if you elect or
make the motion not to do it and the Fairview expansion happens, what I think I have
heard tonight was ACHD will be responsible for moving any utilities, infrastructure
currently in place. Well, if there is no lights there -- and what I also thought I heard was
ACHD will not be installing any new lights, when will the lights come? And you probably
don't have an answer to that. Or the answer is when new development comes. And
have been a victim of this before -- presented to you, Boise city, other folks, where they
have requested to not to have to do something and Members of the Council and staff
says we have to start somewhere. We have to start somewhere. So, with that I just
want to restate our concern to the lack of lighting and we respectfully request that the
light be installed per staff recommendation. Thank you.
De Weerd: Thank you. Is there any further -- oh, Ryan. Thank you.
Head: Madam Mayor, Council. Ryan Head, Ada County Highway District. 3775
Adams Street.
De Weerd: Thank you.
Head: I just wanted to clarify a couple points that -- as you were talking that I looked up.
In this area we already own 120 feet of right of way and in front of this property. Our
capital improvements program shows the right of way width at 124 feet, so I'm just
putting that out there for you, so you can understand that the acquisition of additional
right of way in this area would be minimal. The other thing that I wanted to put before
you is the Fairview Avenue access management plan, which has not been adopted at
Meridian City Council
November 19, 2013
Page 71 of 92
this point in time, is -- will go before our commission in -- in February we are looking to
have a joint meeting with you all on this subject. The proposal in that plan is that the
first phase of improvement be from Five Mile to Orchard and that's where we have
funding at this point in time. It does not include this section. Our capital improvements
program does show the need for a widening of this section to seven lanes between
2017 and 2022. The expectation is that we would -- we would look at trying to
implement the components of the Fairview access management plan in the near term
and see what that gets us. The stomach for widening any roadway to seven lanes is a
difficult decision, based on the impact that that will have on businesses and other
developments in the area, but I just wanted to put that out there for your consideration,
because I think it's pertinent to this issue.
De Weerd: Thank you, Ryan. Any questions from Council? Thank you. Any further
testimony? Okay. Mike, do you have any final words?
Virden: I would like to say that this isn't a current representation of the lights there. We
do have a light on the corner that was moved over from your side -- to the opposite side
of the road here and the opposite side has a big vacant lot, so there is quite a bit of
darkness there, because there is no business across the street where Capital Christian
has and, then, there is Louie's and D.L. Evans, so our area I feel -- you know, if you do
drive through that way, we are on the corner of Hickory and I think it's well suited for
what it does and we do have six lanes there in front of our store. We have three lanes,
the middle lane, and, then, two. So, you know, we have quite a bit of -- this is a very
accessible corner and it seems to be a very safe corner from our recollection there.
De Weerd: Okay. Council, any final questions here?
Hoaglun: Madam Mayor. Mike, before you go, then, I want to be certain I have this.
There is a street light there at Hickory, but -- at the corner there is a street light.
Virden: At the corner of Hickory and Fairview?
Hoaglun: Yes.
Virden: Yes, there is a street light there and then --
Hoaglun: And, then, you have one down at the -- at the other end of your property?
Virden: Correct. I have an entry street light right there.
Hoaglun: Right.
Virden: And, then, I have another entry street light up there. And they are dual lights.
They are twin. They are not singles like most streetlights are, they are the two headed
ones. So, they are twice as bright as the typical ones.
Meridian City Council
November 19, 2013
Page 72 of 92
Hoaglun: But, Madam Mayor and Mike, are those facing into your lot or are they --
Virden: They are just facing parallel to the entryway.
Hoaglun: Okay. Parallel to the entryway. Thank you. And Madam Mayor. What was
the distance from that corner to his -- or, Austin, what are our standards -- how many
feet? I can't recall now.
Peterson: Madam Mayor and Councilman Hoaglun, the distance required by our
standards for a major arterial is every 180 feet on both sides of the road. So, I -- we are
aware that there is the light on the corner and, actually, we moved that light from the
other -- opposite corner for Mr. Virden, because when ACHD installed this signal at
Hickory they installed a street light on the signal arm and prior to that there was already
a light on the -- the opposite corner of Hickory from Virden's property, so in order to help
Mr. Virden out, we just went ahead and moved that redundant light over to its current
position and the light in the center of the property that we are proposing is
approximately 180 feet from the light that we installed.
Hoaglun: Okay. Thank you.
De Weerd: And, Council, I -- you know, that area is improved out there, so it does have
sidewalk that -- on the whole side. So, without lighting it is -- it is pretty dark.
Rountree: Madam Mayor, if there is no more testimony, I would move we close this
public hearing.
Bird: Second.
Zaremba: Second.
De Weerd: I have a motion and a second to close the public hearing on Item 9-G. All
those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
De Weerd: Okay. Any discussion?
Rountree: Hearing none, Madam Mayor, I move that we accept the appeal of the
director's decision with respect to installation of the street light at this location and let
this project move forward.
Bird: Second.
De Weerd: I have a motion and a second. Any discussion from Council? Madam
Clerk.
Meridian City Council
November 19, 2013
Page 73 of 92
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 10: Department Reports
A. Public Works: Staff Resource Discussion
De Weerd: Item 10-A is under our Public Works Department. I will turn this over to Mr.
Barry.
Barry: Thank you, Madam Mayor, Members of the Council. Perhaps we should take a
break, but that's for you to decide. Anyway. Thanks --
Rountree: Just getting started.
Barry: Just getting started? Oh, this is going to be a great night. All right. Thank you
for -- for having me tonight. I wanted to talk a little bit about the staffing situation in the
Public Works Department. You know that I have briefed you on and off over the last
several months about concerns I have had in certain areas of the Public Works
Department centered round staffing resources and workloads and those kinds of things.
And I promised you in October that I would bring you a presentation to sort of firm up all
of the things that we have been learning about some of the research we have been
conducting over the last couple of months and so that's what tonight's presentation is
about. In Public Works we are at a crossroads. Workload demands have increased
significantly for existing personnel resources in some areas of the Public Works
Department. Critical resources in engineering and inspection services, as well as water
and administration are needed to balance staffing levels with existing and future
workloads. This situation is not sustainable in its current state in these areas and has
greatly hindered staff and management's effectiveness and threatened our quality of
work. Some of the key drivers which have contributed to this over the past 18 to 24
months include growth and complexity are probably the most significant contributors,
but certainly our inability to move as quickly as we would have liked on strategic plans
and the fact that we have over leveraged the good will of our staff with some of the
situations we have placed them in because of the extenuating workload, also technical
advances in the regulations are always key drivers for everything in our department. I
wanted to give you a snap shot of what -- what it's looking like for us as you look at the
statistics and some of the matrix. Public Works over the last several years we have
seen a number of changes and since 2010 the number of permits has increased by 81
percent. Since 2011 the number of assessments have increased by 58 percent. Over
the last five years there has been increases in the number of water and sewer accounts
by 16 percent. Our project enhancements have increased by 189 percent. And the
current capital improvement budget for Public Works is about 16 and a half million
dollars, with larger, more complex projects becoming the norm for the foreseeable
Meridian City Council
November 19, 2013
Page 74 of 92
future. It has taken longer to complete these projects due to limited staffing and
increasing demands on our workers due to the size and complexity of these projects.
Our dig line tickets. These are the requests for locating utilities all around the city --
have increased by 72 percent and the workload associated to accommodate those
requests has increased by 185 percent. Correspondingly, our increase in Public Works
Staff over this same time period -- and that is the last five years -- has increased by only
five percent. If you look at a couple of other matrix internal to the city -- I already
mentioned that account growth has grown 16 percent over the last five years. Citywide
staff has grown 18 percent over the last five years, but in Public Works we have heavily
restricted staff growth to focus primarily on efficiency improvements and we have done
a good job at that, but we have focused maybe a little too intensively on those efficiency
improvements and although we have made great gains we have actually let slip our
overseeing of some of the resource needs that we have to accommodate the growth
and complexity and some of these other key drivers that I mentioned to you earlier. We
wanted to look at some of our per capita comparisons locally and so I threw this graph
together for your table rather. The City of Meridian with its population, number of
accounts, the number of employees represents a per capital to resident ratio of about
one to one thousand. Our closest neighbor Nampa is about 1.1 per thousand. Idaho
Falls is about 1.2 staff per one thousand residents. The city of Boise and United Water,
our other neighbors to the east, as you know, are 1.5 to one thousand and what we did
is combine both United Water, since they represent the water utility component, as well
as the city of Boise for sewer. Now, we do get a little bit of a skewing here, because
United Water represents certainly a larger area than just the city of Boise, so we would.
expect that number to be slightly lower than what it is. Probably 1.4, but we couldn't --
with the data we had available to us to really correct for that. Pocatello are 1.5 to one
thousand residents or 1.5 staff members to one thousand residents and -- here we go.
We always like to benchmark our information to national standards. The American
Waterworks Association has a national standard which is a median number of service
connections per FTE for utilities at about 485, meaning that one staff member services
generally or averages generally about 485 service connections. Now, this information
comes from our friends over in Denver and they put this information together in May of
this year. And you will notice that they used us on their statistics here and we are three
times the national standard as it relates to water account service connections. Some of
the other cities there also represent comparable size cities that have similar utilities as
well. So, that's just really for comparative purposes. So, where are we sort of falling
behind? You know what's sort of the issue here. This particular graph demonstrates
the differences between what we are able to actually accomplish versus what we
budget and what we plan for in the capital improvement program. The capital
improvement program for this fiscal year, as well as the last fiscal year has been
unobtainable with the staff resources that we have had -- or have available to us rather.
The carry forward amounts have been successfully reduced significantly between the
years of 2008 and 2012 as part of our intensive proficiency improvement initiative,
recent capital project demands, fueled largely by growth, have escalated over the -- that
have escalated over the past several years -- two years in particular, have put us in the
position where we are no longer able to keep up with those demands with the existing
staff resources that we have. From a strategic planning standpoint we are also falling
Meridian City Council
November 19, 2013
Page 75 of 92
behind. As you know in 2010 the Public Works Department brought to you the first
departmental strategic plan the city has seen. It's been almost three and a half years
since we started that plan and, unfortunately, with 70 percent of the period behind us,
we have only been able to accomplish 25 percent of the objectives that we set out to
pursue. Now, I will say and acknowledge that possibly we may have been overly
ambitious in the development of our strategic plan, but undoubtedly we simply do not
have the resources needed to think, plan, and act as strategically as we would like to or
even need to. So, resultantly we have only completed those 25 percent of the
objectives and our current focus has, unfortunately, shifted to a more tactical focus, as
opposed to a more strategic focus, and when that happens we were not able to make
the kind of improvements and guide our direction, because we are not working
strategically. I want to talk a little bit about size and complexity. All of our tracked
matrix continue to show growth in accounts, water and sewer pipes, assessment
projects, inspection permits, population, you name it. All of the graphs go up. These
matrix show that Meridian is continuing to grow, which is great, and as we do our
infrastructure grows. It grows in size, it grows in complexity, it grows in area and these
projects have become larger and more challenging to manage and, therefore, consume
more time and, therefore, more resources. Private and public developments surge has
created increased workloads and, therefore, added stress on the staff, because we
continue to ask them to take on more and we don't provide the resources that we really
need in order to pursue the workloads that we are placing on them. So. we must insure
that we keep our staffing resources close to the same pace of growth to avoid
compromising our quality and integrity in that we want to promote doing the right thing,
instead of doing the easy things. So, feeling some of this over the last year we have
conducted a couple surveys in the Public Works Department. We developed internally
a Public Works supplemental survey to the citywide satisfaction survey with the help of
our HR staff and we floated this survey in March or April of this year. We got quite a bit
of feedback. The feedback from staff was -- was very informative and it revealed that
we have over leveraged the goodwill of some of the staff in certain divisions within our
department. Employees are becoming burned out, they are becoming defocused, they
are becoming confused regarding their roles, responsibilities and priorities as we
continue to ask them to do more and more. Financial resources in our department
outweigh the department's human resources by a significant margin and so does the
work. This leads employees to wonder about the departments objectives and priorities
and question whether human resources are as important as other assets within our
department and, of course, we know they are and I know that you know they are and
they have heard that from you. I wanted to provide to you some of the highlights of the
things that we are not able to get done because of the predicament that we are in.
Actually, one of the greatest examples I can use is the one you just heard before my
presentation started. When we are focused on the tactical and getting the things done
that we need to get done, we do not accommodate the kind of improvements that really
need to be pursued throughout the entire process, so one of the things as you heard
tonight, process improvement, if there is no time because of the work -- we are focusing
on project after project after project, we oftentimes don't get the opportunity for work on
the processes, the ordinance improvement, the policies, the procedures and those sort
of things, because, quite frankly, while those are priorities we have triaged the priority
Meridian City Council
November 19, 2013
Page 76 of 92
list and those things simply aren't getting done as quickly as we would like them to get
done and in some cases they can't get done with the resources that we have. In
engineering -- design and engineering, as well as capital project execution, has been a
struggle for us in meeting those obligations. The supplemental specifications took us
about two and a half years to get through. That's way too long. So, we end up in these
transition area periods where we would like to incrementally improve the specifications,
because a lot of development happens over two and a half years, so we try to
incrementally improve those specifications and we get -- we get folks that are upset with
that. We need to move through those types of projects more quickly and bring
resolution to those types of -- our standards and design guidelines more quickly than we
have been able to. In operations, utility line locating, as I mentioned earlier, has been a
challenge for us. Water maintenance activities have also been challenging for us. We
continue to add the number of fire hydrants and continue to add to the number of water
valves, service lines, meters, you name it. Inspection services. We are having trouble
with covering adequately all of the job sites and also making sure that the time that the
inspectors spend on the job site and the quality inspection that they do is meeting the
standards that we would like to have them meet. As built and GPS locating are also hit
or miss and sometimes we get it done if there is time and sometimes we can't. So, from
a strategic standpoint, some of our strategic activities, you know, again, we find
ourselves working very reactively right now. We aren't working as proactively as we
would like to. Or strategically, for that matter. Our strategic plan progress, I have
already mentioned, is -- is slower than we would like to see. Emergency management
is something that we know we need to be focused on, but, quite frankly, is not
something we have got much time and attention to divert to. Accreditation has been
completely put on hold. There is no way we can even entertain that project any longer
with the resources that we have. From an analytical and process. improvement
standpoint, standard operating procedures development, there are hundreds and
hundred of processes and procedures that still need to be revised or developed in our
department and they are not getting done, because we just simply can't get to it with the
other priorities that are in front of us. Much the same with ordinance revisions and as
we stumble into one problem to the next, to the next, we find out it's only then that we
really have got a problem that needs immediate attention and, therefore, we go about
making changes for improvement to ordinances, for example. We have got a couple of
those going on right now. Legislative analyses has been much more intense over the
past couple of years than we have ever spent. This past year we have been following
almost two dozen different pieces of legislation that impact the Public Works and many
of those legislative proposals have changed many many times throughout the legislative
session. We have abbreviated decision making going on. We would like to spend time
with our staff to educate them and train them and teach them and get them to more
critically think instead of have them have only five minutes or ten minutes or the
manager for that matter come and ask a question, get told what to do, and go back and
do it. Because, quite frankly, that's all the kind of time we have to spend with them. So,
we need to spend more time with our staff guiding and mentoring and coaching and
teaching them than we have been able to spend, which is a management issue that we
have got to work through. Dashboard development. Put on hold. We know that we
need to be looking at dashboards and while we try to keep up with our financial
Meridian City Council
November 19, 2013
Page 77 of 92
dashboards and present them once a year to you, it was my hope to have dynamic
dashboards that we could report to you on a monthly basis if you should ever need that
information, but would allow us to better organize and optimize our -- our operational
components of utility. Continuous process and performance improvements have also
been loaded with cheese lately because of this additional workload. From a personnel
management standpoint -- I touched on some of this, but, essentially, recruitment and
retention strategies are antiquated, that we have been using the department, we have
been working with human resources to try to update those, but, quite frankly, those take
a lot of time to -- to update and feedback and communication with staff needs to
improve. Critical thinking and teaching as I just mentioned. Coaching and mentoring as
well. Succession planning is something we'd like to do, but we have spent virtually no
time on that. There isn't time for it. And employee incentive programs are also
something we have had on the list for many years and just not been able to get to. So,
where are we? If you look at where we are in some areas of the department -- this is
not our area, thank goodness. We -- we know that the ideal is to plan your work and
work the plan and that's what we would like to do. But in some areas of the department
we are not able to do that. So, we prioritize the work and, then, when that doesn't work
we have to triage the prioritized list and, then, that doesn't work we end up managing by
crisis. And when that doesn't work, then, we manage in a chaotic mode. And that's
kind of where we are in some areas here. We are just hanging on and we need to
make sure that we get out of this by moving back to being more proactive and assertive
and in order to do that we need more time and we need more resources in certain areas
to be able to accommodate that. So, it's time for Public Works to grow. That's kind of
the message here that I have been getting at and, essentially, as you know, for the last
four years we have been focused so heavily on efficiency improvements and we have
done such a good job we have attained over 30 percent improvement in personnel,
operations, maintenance over the past four years. Very proud of that. But the low
hanging fruit is gone and now we -- and we have also allowed the focus on efficiency to
overshadow the need for responsible staff growth. As you know, efficiency fixation can
lead to errors or mistakes or omissions and ultimately an increase an organization's risk
and liability, not to mention the likelihood of rework which often counters the very
purpose of efficiencies that you try to seek at the onset. We call this point the point of
diminishing returns and that's what we are trying to avoid. Without improvements in
resources or efficiencies, an increase in quantity of work can often lead to a reduction in
that work's quality and that's what we want to avoid. This problem, however, is very
solvable. We have the work and we have the financial resources, but we are short in
some areas in the organization on the staff. So, what we want to do is correct that and
balance the staff resources with the work demands, as well as the fiscal resources
which are available to us. So, the needs that we have in the department at this time are
six positions. These positions are largely growth related positions and focus in
engineering and inspection services. We are requesting a staff engineer and an
engineering technician two for the department to keep up with the capital project
demands, as well as additional supplement plan reviews and other engineering related
services in the department. We are also looking for two inspectors. One of those
inspectors we are still working on whether that should be an inspector slash surveyor or
one hundred percent surveyor, because we are very concerned about the inability of
Meridian City Council
November 19, 2013
Page 78 of 92
use to track and incorporate some of the GPS'ing of the assets that are going in with
new development. We are also looking for a management analyst that would help us
with those analytical components that I have talked with you about, including
organizational and strategic tactical policy financial personnel and procedural analyses,
which are important, including legislative for that matter for our department. And, then,
a water operator two, which would help us with the utility locates and the water
maintenance assets that we need in order to accommodate the continued demand from
the utility locating services and the maintenance of additional water infrastructure that's
going into the ground. So, here is what the budget -- or the financial impacts look like,
essentially, with these six positions that we are recommending for your consideration
tonight. There are two cost components. They certainly are a one time component,
which is incorporated with the ongoing and so what we have done here is we outlined
those six positions, we talked about this, we have listed it in columns that would be run
over, the base salary and, then, payroll taxes and benefits or the loading if you will, the
additional cost generally runs around 39 to 40 percent for the city. And we have added
that and ended up getting to a full loaded position cost and that's the -- one, two, three,
fourth column over. Of course, these staff are going to need furniture, they are going to
need some computers and monitors and other miscellaneous equipment and so you
add up some of those one-time costs as well and two of the positions are going to need
vehicles, because they are field positions and we have looked at our fleet and we do
have one additional vehicle in our fleet that's not being used right now. We don't
believe that that will work for those -- either of those three positions that have been
identified, either the two inspectors or the water operator two, but we can put that
vehicle back into service to service -- or provide vehicular services to the other three
positions together. So, we will be redeploying that particular vehicle for those three
positions. So, when we look at this, the total cost, essentially the first year cost of
525,000 with 109 rounded up to 110,000 dollars being a one time cost for those
incidentals. Ongoing costs after that appear to be about 416,000 dollars ongoing and
that's not a dimension that our ongoing costs represent approximately 1.5 percent of the
total department's annual revenues and that these revenues are up nine million dollars
in the last two years alone, meaning that we have seen a 22 percent increase in
revenue growth just from the development I have been talking about. So, with that I will
stop and address any questions you have. There is nothing for you to take action on
tonight, from your questions and direction I can bring budget amendments to you for
consideration next week if that's your pleasure, but in the interim I will address any
questions you might have.
De Weerd: So, Council this was brought up last month during the strategic plan with a
-- not a guarantee, but with a promise to bring it back for discussion. Tom and I have
certainly discussed the personnel need for the day-to-day carrying out of -- of duties in
Public Works and I do know that Tom has met with Charlie in terms of the budget
implications and so certainly I support this and I hope you will give feedback to Tom that
we can bring back a budget amendment next week. Any questions from Council?
Rountree: Madam Mayor?
Meridian City Council
November 19, 2013
Page 79 of 92
De Weerd: Mr. Rountree.
Rountree: Just a comment. First off, I think we all recognize the major effort that Public
Works has done in terms of efficiencies and we certainly appreciate that and recognize
the savings to the city. It was interesting to go over this with Tom to see some of the
numbers that they have pulled together in terms of growth in the city and increased
workload and I for one support it. The only thing, Tom, that we didn't talk about was an
implementation strategy and I'm not asking you to address that tonight, but if you could
do that when you bring your budget amendment forward next week and how -- how
you're going to -- I don't think you want to just go out and put advertisements out for six
positions, you're going to want to do this in some -- craft it in some way that it makes
sense to get certain people on at certain times, but I fully support what you have said.
think it's within the budget to be able to do it. We simply can't not do some of these
things that are not getting done or not getting done as best they can and I particularly
appreciate you bringing up the management aspect, because that's -- that's critical.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Having met with Tom I -- he's got my hundred percent support. Bring it forward
and get it done and on the implication of it let's get that planned and get it done. I mean
we got -- the longer you take the farther behind you get, so -- this is something that we
probably neglected. We need to get it in, get it done right. Make sure we do it right the
first time, Tom, which I know you will, but I'm for getting -- let's get going on it. If you
need it you need it.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I will have to say this does not come as a surprise. I could feel this coming
even the last time I was liaison to your department and I'm happy to see that you have
the opportunity to actually put it on paper and one thing I always appreciate is when you
present us with a problem you present us with a solution as well and once again you
have done that, which I appreciate. I think the question I would ask beyond that is how
are you doing with open positions that already exist? Are you being able to -- I know
there have been some holes already existing. Are you being able to fill those?
Barry: Thank you, Councilman Zaremba, Madam Mayor. We are having mixed
success in the filling of certain vacancies within the department. Our challenge
continues to be hiring -- or finding, rather, higher level positions -- or candidates for the
higher level positions. As you know I have two senior level positions that have been
vacant for about 11 months or so. We have in one of those positions reviewed over 300
applications. We have conducted over three dozen different phone screens. We have
brought several people in. We are just not able to find the quality candidates that we
Meridian City Council
November 19, 2013
Page 80 of 92
want and some people have teased us about maybe being overly picky if you will, but
think if you would have sat in those interviews you would have agreed with our
conclusion. However, we have had very good success in some of the staff level
positions. We just filled a maintenance position just recently, a couple of administrative
positions have filled. We have had lots of promotions this last year, ten percent of our
staff was promoted, for that matter, in part because they were the best candidates that
we were able to find. That has created vacancies in other areas. Of course, when you
get a promotion you don't actually get to fill the position, you get to create a hole
someplace else in the organization. So, we have had some of that going on, but -- so,
it's mixed. I think at the higher level positions we are still struggling. We have been
talking with Mrs. Perkins about new strategies for sourcing and recruiting for some of
those positions, but yet the standard procedures that we follow for the -- for the
identification and hiring of those other staff level positions seem to be working fine as
well so just kind of mixed.
De Weerd: Okay.
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: Just a comment. Tom, if someone were to tune in on the internet to our
Council meeting here when you started your presentation, I really think you left people
with a bad impression and I just want to clarify for the record that when -- when you talk
about chaos and disarray and things like that, that could not be further from the situation
that you have in Public Works. We understand it from what you're going through, but
what people don't understand is the high standard that you guys operate to. I mean I
would put you and your staff -- your management team up against any other public
works department in the state and you guys would come out on top and so I can
understand it from your perspective and I fully support what you're doing, because you
guys need it, but I just want to make sure people understand it's not a situation they are
wondering one, gee, am I going to have water in the morning, you know, are the toilets
going to flush, what's going to happen and it's -- it's bad from our standard that we have
and the standard that you have for your department, but overall we got a great thing
going and we want to keep it going. So, I just -- I just wanted to make sure that people
have that understanding of that, so -- I do support what you're trying to achieve and the
positions you're trying to fill, but -- and you will get there.
Barry: Thank you, Councilman Hoaglun. I do appreciate that clarification and I think
you hit the mark right there. I mean it is true, we have very high standards in the Public
Works Department and -- and we do want to make sure that we maintain those
standards. So, I appreciate the clarification.
De Weerd: Okay. We will see it next week.
Barry: Thank you much.
Meridian City Council
November 19, 2013
Page 81 of 92
B. Parks and Recreation Department: Future Dog Park
Discussion
De Weerd: Okay. Item 10-B is under our Public Works Department. It's a follow up to
a previous -- previous discussion. Yeah. Oh, did I say Public Works? Parks and
Recreation. It's getting late.
Barton: Yeah. I got up and I sat down and got up again.
De Weerd: It begins with a P, Mike.
Barton: Madam Mayor, Members of the Council, as you remember we were -- we came
to you at the October 8 workshop meeting and discussed the -- the future of a dog park
location. At that time we had three possible solutions to -- to relocate or locate a new
dog park and through that process at the workshop we kind of pared that down to -- to
two solutions and we were instructed to come back with some more refinement on
those potential sites with concept plans and -- and we did a short study and just kind of
developed some -- looking at pros and cons and kind of discussed where we were with
each one of those sites and -- and that's what we are here to talk about today. As well
as -- let's see if I can get this to -- there we go. As well as the location of the dog park,
there is something -- you know, as we go to the next step and we are getting some
direction of where to -- where to plan this out, we would like to have a short discussion
on the level of effort that you see. So, just so you know, that's -- that's a part of it, so we
have location and level of effort. The first site that we would like to discuss is the
Lanark site. This is directly west of the new maintenance facility on the corner of Locust
Grove and Lanark Street. It's -- it's a good location. It's definitely in the right area for a
dog park. It is in an industrial area. It's sized appropriately and we can go back to the
site plan here as we discuss the pros and cons. Like I said, it is the correct size. There
is some existing infrastructure there. There is no impact to the surrounding
neighborhood. The cons that we see are a lack of available parking. It would prohibit
the construction of the field house, which is -- that has been discussed for the remaining
portion of that site. So, if we -- if we did put a dog park there and it was built to what we
think the citizens are -- are asking us for, which is, you know, a pretty high level of effort,
that we might be at the point of no return of a field house. And on top of that -- I mean
one of the biggest cons is right now it's currently not funded. So, the other site that we
came back with and developed is the Storey Park site and this is directly south of the
softball field. The layout on this site is contingent upon us completing the -- the land
swap and the conversion of the land and water conservation fund, that's kind of a hang
up right now. It's been approved. The conversion has been approved at the state level.
It went to national parks. We have heard that national parks has approved the
conversion, but we don't have any paperwork yet. So, right now as we talk about this
very park site and we -- and we plat is out, we are going on an assumption that we --
that this land swap will go through. We think it is. It's looking good, but we don't have
the paperwork back yet to -- to support that and move forward with surveys and final
platting, so -- you know, some of the real pros of this site -- it is -- it's a good size. It's a
great use of an awkward shaped piece of land. There is some infrastructure in place.
Meridian City Council
November 19, 2013
Page 82 of 92
It's walkable from downtown. The construction documents on this are in our current
year's budget and the construction of the remaining portion of that park, regardless of
whether it's parking and open grass or parking and a playground picnic shelter or dog
park is in our CIP for 2015 and could be possibly advanced to -- to this year, if that's the
desire of Council. The cons, of course, development is pending the land swap. We
currently don't own the land. We think we are close, but we don't have an answer this
evening that says, yeah, we are there and we could move forward. You know, there is
-- there is a conflict between the softball field and dog park and -- you know, we kind of
see it as a conflict that would exist whether a dog park goes in or not, because the
softballs could be hit over the fence into a drive aisle or a parking lot, so we kind of see
some kind of netting going up to catch the softballs, so as a pro -- as a con to that, that
is -- that is one for discussion. Now, before we go into the level of effort, is there any
questions that I can answer regarding location or any specifics on either site at this
point?
De Weerd: Council, any comments or questions?
Bird: Not at this point, no.
Hoaglun: Madam Mayor, real quick. Compare the size between the two. Are they very
similar or is the Storey Park one a little larger? It's hard to tell. I mean different photos,
but --
Barton: Madam Mayor. Councilman Hoaglun, the -- the Storey Park site, the way that
it's currently designed is actually a little bit smaller and that's because of a perimeter
path that goes up the east side and wraps around behind. So, if that was eliminated
and we shifted that path to maybe a wider sidewalk on the parking lot side, we could
gain that space back and they would be identical.
Hoaglun: Okay. So, in other words, Mike, they are fairly close.
Barton: Pretty close.
Hoaglun: Okay. Thanks.
Barton: Correct.
De Weerd: Mr. Zaremba.
Zaremba: Madam Mayor, I don't know if it's premature, but I -- I agree with making the
Storey Park site the preferred site and partially that is when you look at the Lanark site
and we have talked about a field house possibly going there, as much as I am
supportive and in favor of the partnership that I hope we are building with the YMCA, to
sort of solve our field house problem on a short-term basis, my assumption is that over
the next several years of growth, even with the YMCA partnership in place, we may still
need that field house and I personally am not quit ready to give that up, so I side with
Meridian City Council
November 19, 2013
Page 83 of 92
the Storey Park site. Maybe -- maybe you're getting to more of that and that was
premature to say, but I just thought I would expose my bias.
De Weerd: Well -- and I guess, you know, the comment about this -- this is a real urban
use and I do like -- as Councilman Hoaglun indicated that this -- this is a nice urban use,
it's walkable, people in the area can get there, but that would be the same reason
would like the field house there. Where the maintenance facility is it's -- it's industrial,
it's on a busy arterial that you -- you want these kind of facilities to be -- you can bike,
walk, and drive to it all -- all of it and it can be utilized as an urban use and that is why I
like Storey Park for that. Actually, for both of those.
Bird: Madam Mayor? You put a field house at Storey Park? You realize there is a
ditch covering that. You're not going to get a very big field house in there.
De Weerd: No, I'm not -- I do think that Storey Park is the place for a field house, but
not that piece. That is a dog park. I think that's a perfect park. No, my point with the --
the -- any kind of facility and/or gym -- I think it needs to be accessible by walking,
biking, or by car and the -- the maintenance location is not really friendly to that.
Bird: You're right.
De Weerd: Until we get a pathway on the rail corridor
Barton: That's what I was just going to say. So, Madam Mayor, Council, I think what
I'm hearing is Storey Park, develop -- start to think about that one more -- a little more
seriously. We have to push this land swap through and get that taken care of --
De Weerd: Yeah. Push it through. Come on.
Barton: You know, whatever that means, I -- we will do the best to make phone calls
and send e-mails and keep on top of it.
De Weerd: You know, Mike, I do think Storey Park, if we can get the land swap
buttoned up, I know all parties are interested, it's now a federal thing, but with the
timeline for the current facility and the need to -- to get his moving and done, so it can
be relocated -- there is an urgency there.
Barton: Yeah. Madam Mayor, that's -- that's a great point and I know that with the --
with the current facility closing we have opened up off leash hours in Kleiner Park,
which kind of helps a little bit. There is an option. Those go away in the spring, but if
this goes through we can -- we can put up a project sign at the current dog park and
generate some excitement and let folks know that we are -- we do have -- we do have a
new site, it's going to be really cool, you know, and they can just kind of hold on maybe
for a little while and we will have it there for them.
Hoaglun: And, Madam Mayor and Mike, we will accept donations
Meridian City Council
November 19, 2013
Page 84 of 92
Barton: Absolutely.
Hoaglun: Okay. You never know.
Barton: Yeah.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Something that hasn't been mentioned about this site, but it might be
beneficial for both of us is we have a neighbor right there that's very much into pets
and --
Bird: Zamzow's.
Rountree: -- animal feed and all the kind of stuff, so I can -- I can see them having an
interest in this and maybe even put their name on it. I don't know. Sponsor --
De Weerd: They were -- there were very helpful with the K-9 facility. They were a
critical partner to that, so -- they have already shown that they are very interested.
Barton: Yeah. Keep that in mind. Yes. So, with that said, I think we are definitely
hearing -- hearing a strong message -- go Storey Park, get the land swap done. So,
with that said, I think there is just a -- I'd like to touch on the level of effort for a minute
and we are working with the dog park task force, they identified some things that they
would like to see in a future dog park and those include separate small dog, large dog
areas, picnic shelters for shade and areas for people to congregate, dedicated
restroom, pathways, signage, drinking fountain, benches and shade. Is that a -- is that
an acceptable level of effort? I think we would like some feedback on, you know, some
of that.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I think off -- I don't know how we, to start with, can afford restrooms, because they
got to be pretty -- up to ADA standards, handicapped, men and womens and I -- I don't
believe I have seen any restrooms in Nampa.
De Weerd: I think we have restrooms -- certainly we have restrooms in Storey Park,
but --
Bird: We have restrooms in Storey Park. That's what I mean, but -- they are talking
about putting -- incorporating one in a dog park, aren't you?
Meridian City Council
November 19, 2013
Page 85 of 92
De Weerd: But, Mike, aren't you redoing the restrooms over by the softball fields?
Barton: So, Madam Mayor and Councilman Bird, there is -- there is a couple of
different options. In the Storey Park master plan the current restroom facility that's in
Storey Park, we have had concerns from -- from park users that it's located across the
driveway and even from people that have younger kids at softball games, they are not
comfortable letting those kids -- those kids leave the softball field shelter area and go to
the restroom, because they have to cross the driveway and that problem is -- is going to
get worse when we open it up for through traffic out to Watertower. So, we see a
restroom of some kind being built in that lower half and whether it's one by the shelter
that can service the shelter and the softball field -- dog park people would have a little
further to go with the two restrooms. We see as just a potential solution to that is to
build a small restroom on that lower side, remodel the existing restroom and shop,
modernize it, do away with the restrooms up there for public use, but remodel that into a
shop -- maybe just put trusses on the roof, something like that. Esthetically bring it up
to standard. So, that's an option. Whether it's one restroom or two, but we see -- we
see one getting -- being built down there and we kind of sought it out even before we
discussed a dog park on this location, so --
De Weerd: Well, I guess I'm confused and maybe it's just because I'm cheap, but we
have restrooms in Storey Park in partnership with the Chamber of Commerce. In
Settlers Park we have one set -- we have three restrooms -- three buildings with
restrooms?
Barton: Three buildings. Correct.
De Weerd: Oh, my gosh. Well, we need to promote exercise and people can walk. But
at some point you do need to replace those. I think the parents should take their kids to
the restroom. I mean -- but -- so that -- that should not be one component to the dog
park. I think you can share that side of the park and make it a dual use.
Bird: That's exactly what he explained. I misunderstood him, Tammy. Mike had
already -- I did not realize that they had already planned to move those and redo those
existing ones and -- and if you're down there playing baseball or something you
certainly -- you certainly don't want come kid running up to the chamber office to go to
the restroom.
Barton: Okay.
Hoaglun: Mike, just a little different subject about the netting. You know, there are --
watched my son play softball this summer in city league and that business there to the
east has a fenced in open area and you hit a foul ball, it goes in there -- it's in there. In
fact, one game someone I knew had a dog that loved to retrieve balls, so we went over
there, got the gate open wide enough and it went in and provided softballs for the -- for
the umpire, but -- you know. And that happens and that's it. You know, we could go
Meridian City Council
November 19, 2013
Page 86 of 92
with a gate concept, although if people are using the park it's a safety issue I guess.
was just thinking if it's not used you wouldn't have to worry about it, but -- yeah.
Barton: Councilman Hoaglun, one of the -- this field is where we put are upper division
teams, because of the home run softballs and even -- I mean they can hit -- they could
hit where the -- where the current parking lot is on that diagram, they could hit a softball
into the -- over that driveway. So, there is going to have to be some sort of a netting
and from looking at pictures there really -- once they go up there -- they kind of -- I don't
know if you get used to them, but it's maybe not as ugly as it seemed, you know, having
a big -- a tall net there and -- yeah.
Hoaglun: Take it for what it's worth. A thought out loud. Yeah, we could do that, so --
Barton: Okay. Yeah.
Zaremba: Mr. President?
Hoaglun: Councilman Zaremba.
Zaremba: Just on your level or work -- not that I want to add to the list, but -- and
maybe this is something for donations and dog park people to come up with, but I would
suggest that there be some kind of toys and by that I mean a long pipe that dogs can
either craw through or jump over and, you know, some steps for them to go up and
down and -- dog playground equipment I guess I would call it.
Barton: Okay.
Hoaglun: Is this going to be a public art project?
Zaremba: Yeah. It could be public art.
Hoaglun: Council, anything else for Mike. Mike, anything else for us?
Bird: Mr. President, I do have one.
Hoaglun: Councilman Bird.
Bird: Mike, have we -- have we got notice on the existing Bark Park that -- that it is
going to be shutting down? I mean we have got -- we are going to have equipment
moving in there before too long.
Barton: Mr. President, Councilman Bird, I had a discussion with Max Jensen, who is the
project manager on the -- on the new facility there and more specifically tiling the ditch
and I asked him, you know, if the fence was coming out, when is the fence coming out,
and he seems to think they can work around -- they can tile the ditch without taking the
fence out. So, that's the last I heard that it was going to remain open for a little while.
Meridian City Council
November 19, 2013
Page 87 of 92
Hoaglun: Okay, Mike, we will ask Lieutenant Colaianni
Colaianni: Council Members, we had this discussion in command staff today and the
latest is -- is the fence has to come down because on the east side of the ditch there is
a hump and it has to be leveled before they can bring that pipe in and tile the canal and
we have to be out of that area by the second week in March and as it stands today, we
anticipate construction starting mid to end of December.
Hoaglun: Thank you, Scott. Okay. There we go.
Bird: What do we do in the meantime?
Barton: Well, there is -- Mr. President, Councilman Bird, we do have the off leash hours
at Kleiner Park, which gives people an option. They like an enclosed area. And if we
can get -- get some word on the land swap we can -- we can put a project sign up and
put it on the website and inform people that it's coming, it's going to be really nice, help
us plan it. We will generate some excitement.
Hoaglun: Okay. Thank you, Mike. Appreciate it.
Barton: Thank you.
Bird: Thank you, Mike.
C. Community Development: Meridian Road Interchange Inter -
Agency Cooperative Agreement with the Idaho Transportation
Department
Hoaglun: We are getting close to the end. Next up -- and Mayor de Weerd had to
leave. She is leaving for Pocatello for an Association of Idaho Cities meeting first thing
early in the morning, so she took off and -- Caleb, are you doing Item 10-C?
Hood: Yes, Mr. President. Mr. President, Members of the Council, over the past year
or so staff has been working with the Meridian Interchange Taskforce, Connecting Idaho
Partners, ITD, and Parametrics on the design of the new Meridian Road interchange.
Mike Barton, who just sat down, Brian McClure, who -- who is also in the audience, just
wanted to -- to point them out. They have been very instrumental in -- in working on the
design concepts that we have talked about over the last year or so. Councilman
Rountree, also, just a quick thank you and shout out to him for participating in that
interchange taskforce and he's been very helpful through this whole process to me and I
think the outcome of it. So, what we have tonight is, essentially, the fruits of those
labors from -- in June Brian actually presented some of those elements for the
interchange, discussed some of those with you and whittled down a list to some of the
-- the things that we were interested in negotiating with the state on. Tonight we have
an agreement that's been reviewed by -- well, it was put together by ITD, but with heavy
Meridian City Council
November 19, 2013
Page 88 of 92
input from Parks, Planning, Public Works, and Legal Department staff has reviewed it.
What I'm seeking tonight is a motion to approve the agreement before you tonight, the
Mayor to sign, the Clerk to attest all proper papers. There are two copies I gave to the
clerk. Now, a little bit of what that -- that cooperative agreement with ITD talks about is
the city would commit to landscaping around the -- the interchange and, then, perpetual
maintenance of those irrigated areas. In exchange we get several of the elements we
discussed previously again in June, things like the state has done and will continue to
do, the irrigation and land -- landscape design. Now, that is to make those documents
bid ready for the landscaping, so, essentially, what we have negotiated with the state is
so they can close their project out, the city will go ahead and purchase a contractor that
could put in all the landscape materials and get the warranty on that, so they can close
their project out and they don't have to wait a year or 18 months or two years to see
how many of the plants die. That will be on the city. So, they said we will, basically, do
everything else if you, city, match the landscaping and put the landscaping in. So, we
are getting, again, all underground irrigation, they are designing all of it, all of the
landscape design to bid ready status and all the underground installation of the irrigation
system. We will also get the ten foot sidewalk pathway on the west side of the project.
Sidewalk connection to the Waltman, Commercial, Meridian intersection, and the well
abutment form liner with the stain, the parapet form liners with the stain, interparapet
form liners with the stain, the columns and center pier form liner and the SPUI concrete
joining area on the top deck. That would be in this area here. That's the joining, I don't
know if you recall that -- saw cutting, basically, of that concrete area and the stamped
concrete in Meridian Road center medians. The agreement says if the city doesn't at
least put in the landscaping area in Areas A, which are the four quadrants, including the
off ramp areas, we, then, have to pay a penalty for the state to redesign and, then,
install the hardscaping of that. So, they are going to all these expenses to design it, to
accommodate landscaping. If we change our mind they are going to not only change it
per the design to get ready for landscaping, but also charge us for the design and
installation of what they have gotten in the first place if we didn't want to partner with
them. So, it's a pretty hefty penalty, but we have at least to staff we have no intention of
recommending to anyone that we don't follow through with out at least landscaping of
those areas I just -- I just pointed out. In addition, the agreement also allows us -- it
doesn't require us to -- but it allows us to install barrier rail art and the rail art and the
rock that we discussed ad nauseum a little bit, but -- but there is things that are always
talked about in the agreement, but they are not required. Now, what city staff will be
presenting to you this next year will be an enhancement for the development, but if the
Council decides at that time not to fund those, there is no penalty with the state. We
think it makes sense, again, staff level to bring this concept to life to fund those things,
but the state doesn't necessarily care if we don't put barrier art in or the MSU wall art in
the future or the rock for that matter. So, again, more discussion to come on that. We
will work on getting some better concepts and, then, coming up with an enhancement
request or two, kind of depending on what Parks is willing to kind of manage and take
over and maybe some of that -- another department on a different line item or maybe
we lump it all together in one. Just a couple of other things to note, since we talked
about this last. With Brian and Mike and Jay Gibbons, too, was also a pretty active
participant getting serious in the landscape materials that are -- that are now in the
Meridian City Council
November 19, 2013
Page 89 of 92
documents, they are very low water consuming plant materials, so there is no turf in
what we are -- what we are looking at for the landscape design, so -- and not only is that
good for water consumption, it's also good for maintenance. So, we don't exactly know
what that's going to cost, again, we got some -- but low water, low maintenance is kind
of the theme with some of these -- with the landscape design. So, with that, too, we
have kind of at this point gone away from a wall, that was something that we talked
about previously, and just using the potable water, because it is low water is the idea.
So, just wanted to bring you -- you know, kind of circle back on a couple of those things
we talked about previously with this project and I just real quickly I wanted to run you
through the rest of that agreement then. Exhibit A contains what the state is willing to
commit to. Exhibit B contains the irrigated areas. Just a quick note on that. So, Area A
are the four quadrant areas and, then, the off ramp areas that we talked about. Area B
would, then, be kind of the shoulder areas outside of that on all four quadrants. This is
a little misleading. We have actually pulled a lot of these trees in closer -- excuse me --
in tighter to the ramp and so what the city would maintain would just generally be, really,
the footprint area of the bridge. But that's in Exhibit B. And in the future it talks about
our potential and presence in the future and, then, D is the table with the penalties. So,
with that, Mr. President, I would stand for any questions you may have.
Hoaglun: Thank you, Caleb. Council, any questions?
Rountree: Mr. President?
Hoaglun: Councilman Rountree.
Rountree: Caleb, on the quadrant landscape -- not the quadrant, but the triangular
landscaping at the ramps, I was under the impression that the state was going to pay for
that or at least give us the cost of hardscaping and we would make up the difference.
So, is that still the case?
Hood: Mr. President, Councilman Rountree, there was some horse trading that,
basically, went on. A dollar for dollar line item --
Rountree: Okay.
Hood: -- like I mentioned the staining, some of those other elements that the city
wanted, the state basically said we will do all of your want list if you take over the
landscaping and put the landscaping in, because they didn't want to have anything to do
with that, again, for -- so they could close their project out. So, basically, again, the
state said we will pay for all of these other things if you do the landscaping.
Rountree: Okay. And that landscaping will be very similar to what we have at Ten
Mile?
Hood: Yeah. I didn't have that exhibit, you know, we do have a 95 percent -- even 99
percent plan I think at this point for that -- if you look on exhibit -- I don't know if you
Meridian City Council
November 19, 2013
Page 90 of 92
have that. It lists the plant -- lists the number of plants in Exhibit -- I just gave it to
Jaycee, because I was hoping the Mayor could sign it. In the exhibit it actually lists the
number of plant materials in Exhibit A and it's -- it's probably okay. Mike can speak to
how similar it is to Ten Mile.
Barton: Mr. President and Councilman Rountree, the upper triangles are -- will be
consistent plant material, the same as the medians on Ten Mile.
Rountree: And that's my question.
Barton: Yeah.
Rountree: But not the rest of the area.
Barton: Just the medians. And, then, in what we call Area B, which is the lower
sections, there is a few trees and that's it. And, then, it's mown grass and we will be
responsible for maintenance in the irrigated areas only. So, we are not maintaining the
entire right of way, it's -- you know, our maintenance burden will be probably 25 to 30
percent of the entire right of way, so --
Rountree: Thanks, Mike.
Hoaglun: Thank you, Mike. Any other questions? If not, thank you, Caleb. Brian,
thank you for your work on this. I know you have put a lot of time and effort and energy
and some great ideas. So, we really appreciate that. Great. Any -- and we need a
motion, right, Caleb? Is that what you're looking for? Council?
Rountree: Mr. President, I move that we authorize the Clerk to attest and the Mayor to
sign or execute the joint agreement with ITD for the improvements on the Meridian
interchange.
Zaremba: Second.
Hoaglun: I have a motion and a second to approve the plan for the Meridian
interchange. Moving forward with that. I guess -- I don't think we need a roll call vote
on that, so all those in favor, please, say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Item 11: Ordinances
A. Ordinance No. 13-1581: An Ordinance (RZ 13-007 — Baltic
Place Addition) For The Re -Zone Of A Parcel Of Land Located
In The NW'/o Of The NE'/4 Of Section 18, Township 3 North,
Range 1 East, Boise Meridian, City Of Meridian, Ada County
Idaho; Establishing And Determining The Land Use Zoning
Meridian City Council
November 19, 2013
Page 91 of 92
Classification Of I -L (Light Industrial) Zoning Districts In The
Meridian City Code; And Providing An Effective Date
Hoaglun: Item 11-A is Ordinance No. 13-1581. Madam Clerk, would you, please, read
the ordinance by title only.
Holman: Thank you. City of Meridian Ordinance No. 13-1581, an Ordinance RZ 13-
007, Baltic Place Addition for the rezone of a parcel of land located in the northwest one
quarter of the northeast one quarter of Section 18, Township 3 North, Range 1 East,
Boise meridian, City of Meridian, Ada County, Idaho, establishing and determining the
land use zoning classification of I -L, Light Industrial Zoning District, in the Meridian City
Code, providing that copies of this ordinance shall be filed with the Ada County
assessor, the Ada County recorder and the Idaho State Tax Commission as required by
law and providing for a summary of the ordinance and providing for a waiver of the
reading rules and providing an effective date.
Hoaglun: Thank you, Jaycee. Is there anyone who would like to hear the ordinance
read in its entirety?
Rountree: Oh, please.
De Weerd: Seeing none, Council?
Bird: Madam Mayor?
Hoaglun: Councilman Bird.
Bird: I move we approve Ordinance No. 13-1581 with suspension of rules.
Zaremba: Second.
Hoaglun: We have a motion and a second to approve Ordinance 13-1581, with
suspension of rules. Madam Clerk, would you, please, call the roll.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
Hoaglun: All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Item 12: Future Meeting Topics
Hoaglun: Item 12, Future Meeting Topics?
Bird: I have none.
Meridian City Council
November 19, 2013
Page 92 of 92
Hoaglun: One thing to note, we are not planning on having Council on Christmas Eve
or New Years Eve, so --
Bird: No.
Rountree: Very good.
Hoaglun: --plan accordingly.
Rountree: Move that we adjourn.
Bird: Second.
Hoaglun: All those in favor, please, say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Hoaglun: We are adjourned.
MEETING ADJOURNED AT 10:52 P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS)
/0 / /3
MAYOR TAIOUAY DE WEERD DATE APPROVED
ATTEST :t
`Y- I
_`.t ✓ of
JAYCE LMAN, CITY r _"?.ANt--
9 {�
SEAL
r�T a
�9
��rjie 7RE�S�A�
No Changes to the Agenda
Item #9A& B: Crimson Maple Subdivision (RZ-13- 011; CUP -13-011)
Application(s):
➢ Rezone and Conditional Use Permit
Size of property, existing zoning, and location: This site consists of 1.59 acres, is currently zoned R-8, and is located on the east
side of NW 4th Street, north of W. Maple Avenue.
Adjacent Land Use & Zoning:
North: Single family residence and LDS Church; zoned R-4
South: Western Subdivision, zoned R-4
East: Western Subdivision, zoned R-4
West: Midtown Square Subdivision, zoned R-8
History: In 2007, the property received rezone and preliminary plat approval (RZ-07-001 and PP -07-002) as the Deklan Subdivision.
The preliminary plat consisted of six (6) residential lots and two (2) common lots and has expired.
Summary of Request: The applicant has applied for rezone to the R-15 district and conditional permit approval to develop a multi-
family development. The proposed development consists of guest parking, a management office, five (5) duplexes and two (2) single
units containing a total of twelve (12) dwelling units. All units within the development will be three-bedroom, two bath units ranging in
size between 1,500-2100 square feet. The proposed gross density for the development is 7.55 dwelling units to the acre which is
consistent with the MDR land use designation.
The main access to the development will be provided from NW. 4th Street and an internal 20 -foot wide driveway will provide access to
all of the units. Since the parcel and structures are held under single ownership, staff is not requiring cross access with this
development.
Open space consists of 600 and 700 square foot enclosed yards and patio combinations and a 4,600 square foot picnic area and
community garden consistent with the specific use standards set forth in the UDC. A 20 -foot wide landscape buffer is required adjacent
to NW 4th Street.
The applicant has provided three (3) elevations to depict the design theme for the development. The proposed buildings provide
variations in the roof planes and provide modulation in the facades. All of the structures are proposed to incorporate a mix of building
materials to include the following: stone wainscot, covered entryways, a mixture wood siding materials (board and batten and horizontal
lap), decorative trim, belly bands, decorative corbels and architectural shingles.
Commission Recommendation: Approval with DA to ensure the site develops as proposed.
Summary of Commission Public Hearing:
i. In favor: Justin Leraris and Todd Campbell
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: None
Key Issue(s) of Discussion by Commission: None
Key Commission Change(s) to Staff Recommendation: None
Written Testimony since Commission Hearing: None
Outstanding Issue(s) for City Council: None
Notes:
Item #9C & D: Sagewood Subdivision (AZ -13.012; PP -13.026)
Application(s): Annexation and Preliminary Plat
Size of property, existing zoning, and location: This site consists of 16.34 acres, is currently zoned R1 and RUT, and is located on
the south side of W. Overland Road, approximately 650 west of S. Stoddard Road.
Adjacent Land Use & Zoning:
North: Vacant commercial property, zoned C -G
South: Agriculture and Idaho Power substation, zoned RUT (Ada County)
East: Developed commercial property and Idaho Power substation, zoned C -G and RUT (Ada County)
West: Single family residences, zoned R-2 and RUT (Ada County)
Summary of Request: The applicant submitted a request for annexation of 16.34 acres with an L-0 and R-8 zoning consistent with
adjacent Mixed use -Neighborhood and the MDR FLUM designations. The preliminary plat consists of 2 office lots, 45 building lots and
8 common lots. The gross density is 3.97 dwelling units per acre consistent with the comprehensive plan and prosed R-8 zoning. The
proposed office lots are developed with single family homes (non -conforming use). The Commission has recommended allowing one
home to remain upon redevelopment (Lot 1, Block 1). The other home on Lot 1, Block 2 will be demolished.
The office park concept plan depicts the pad layouts, building square footages and parking layout. The applicant is proposing six (6)
office buildings ranging in size from 6,280 square feet to 9,680 square feet. Four (4) of the office buildings front along W. Overland
Road and two (2) office buildings front on S. Sagewood Avenue which screen the internal parking area from the abutting streets. The
internal parking has been designed to comply with the parking standards (130 stalls) in the UDC and cross access is depicted to the
properties to the west and the east consistent the UDC access standards. The applicant is seeking Council waiver to reduce the
landscape buffer along the west boundary as depicted on the concept plan.
The main entrance into the development will be from W. Overland Road via S. Sagewood Drive. Both office lots will take access from
this roadway. Two (2) stub streets are proposed along the west boundary for future connectivity and a micropath is proposed along the
south boundary to provide pedestrian access to the School District property.
A total of 1.61 acres (or 14.2%) of qualifying open space is proposed for the residential portion of the plat, consisting of 8 -foot wide
parkways along the internal local streets, a micropath lot and a 1.12 acre park. The proposed amenities consist of an internal
pedestrian pathway through pocket park, a micropath and a covered picnic area within the park. The required 25 -foot wide landscape
buffers is provided along Overland Road
Conceptual building elevations were submitted by the applicant. Design features include a mixture of wood and stucco siding, covered
front porches, pop -outs on the front facades, decorative corbels, window trim and varying roof planes. Elevations were not submitted
with the application.
Commission Recommendation: Approval w/conditions; a DA is required to ensure the site develops as proposed.
Summary of Commission Public Hearing:
i. In favor: Becky McKay
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: Becky McKay
Key Issue(s) of Discussion by Commission: None
Key Commission Change(s) to Staff Recommendation:
i. Commission modified DA provision E to reflect the changes in the Public Works condition of approval 2.1.2.
ii. Commission modified conditions 1.2.1 bullet #3 to allow the existing home (non -conforming use) to remain on the office Lot 1,
Block 1 upon redevelopment.
iii. Commission modified Public Works conditions of approval 2.1.2, 2.1.3 and 2.1.4 based on the memo prepared by Bruce
Freckleton and written comments provided by the applicant; agreed upon by the Land Development Division.
Written Testimony since Commission Hearing: None
Outstanding Issue(s) for City Council:
i. The applicant is seeking Council's approval to reduce the required 20 -foot wide landscape buffer width along the west
boundary as depicted on the concept plan (Lot 1, Block 1). Staff is supportive of the applicant's request.;
ii. Allowing the existing home (non -conforming use) to remain on Lot 1, Block 1 until the property redevelops. The
Commission has forwarded on a recommendation that the home remain until the property redevelops.
Item #9E & F: Spurwing East Subdivision (AZ -13.009; PP -13-021)
Application(s): Annexation and Preliminary Plat
Size of property, existing zoning, and location: This site consists of 26.53 acres of land, is currently zoned RUT, and is located on
the north side of W. Chinden Boulevard, west of N. Ten Mile Road.
Adjacent Land Use & Zoning:
North: Spurwing Greens Subdivision No. 2, zoned R-2
East: Westwing Estates Subdivision, zoned RUT in Ada County
South: Chinden Boulevard and undeveloped agricultural property, zoned RUT (Ada County)
West: Spurwing Orchard Subdivision No. 2, zoned R-8 and R-15
Summary of Request: The applicant has applied for annexation of 26.53 acres with an R-4 zoning consistent with the LDR FLUM
designation for the site. The preliminary plat consists of 63 building lots & 4 common/other lots. The gross density of the proposed
subdivision is 2.44 dwelling units per acre consistent with the desired density in LDR areas of 3 dwelling units or less per acre. Since
this is a low impact development and is adjacent to other residential development in the area, Commission has not recommended a
development agreement with the annexation of the property.
Access is proposed on the plat via two (2) stub streets; one along the north boundary and one at the west boundary that were
approved with the Spurwing Greens development. A stub street (W. Star Hollow Drive) is proposed to the east for future connectivity
The applicant is coordinating with ACHD on the extension of W. Star Hollow Drive to the Westwing Estates Subdivision private street.
A total of 4.97 acres (or 19.2%) of open space is proposed with the plat, consisting of parkways along the internal local streets, 50% of
the street buffer along Chinden Boulevard and two (2) open grassy areas (50'x 100' or greater in area).The proposed amenities
consist of 5% of additional open space and a multi -use pathway adjacent to Chinden Boulevard.
Conceptual building elevations were submitted by the applicant. These elevations depict a variety of styles and building materials
consistent with existing homes in Spurwing Orchard Subdivision to the west.
Commission Recommendation: Approval
Summary of Commission Public Hearing:
i. In favor: Mike Wardle
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: Mike Wardle
Key Issue(s) of Discussion by Commission: None
Key Commission Change(s) to Staff Recommendation: None
Written Testimony since Commission Hearing: Mike Wardle in agreement with the Commission's recommendations.
Outstanding Issue(s) for City Council: None
Notes:
Item #9G: Virden Auto Sales (AP -13-001)
Application(s):
➢ City Council Review
Size of property, existing zoning, and location: This site consists of 1.69 acres, is currently zoned I -L, and is located at 2651 E.
Fairview Avenue.
Summary of Request: The applicant received Community Development Division approval to construct a new sales and vehicle repair
facility on the property. During the Building Division review, the applicant was required by Public Works to install street lighting along
the public streets. The applicant contends that he was notified of this requirement late in the process and therefore is requesting
Council to overturn the Director's decision to install the required street lights. The applicant has been coordinating with Public Works on
appropriate locations without a resolution. The applicant has provided correspondence from Public Works on the street light placement
and possible solutions. To this date, the applicant has not received final C of 0 because the street lights are not installed.
Written testimony: Mike Virden has provided written testimony to support his request to not install the street lights.
Notes:
Meridian City Council Meeting
DATE: November 19, 2013 ITEM NUMBER: 6A
PROJECT NUMBER:
ITEM TITLE:
Approve Minutes of November 6, 2013 City Council Special Meeting
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
MAILED TO
E-MAILED
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
Meridian City Council Meeting
DATE: November 19, 2013 ITEM NUMBER: 6B
PROJECT NUMBER:
ITEM TITLE: Professional Service Agreement
Approval of a Professional Services Agreement with Kristy Sweeney for Wellness
Massages
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
PROFESSIONAL SERVICES AGREEMENT FOR WELLNESS MASSAGE SERVICES
n
This PROFESSIONAL SERVICES AGREEMENT FOR WELLNESS MASSAGE SERVICES
is made this day of Uo\j2m I - , 2013, by and between the City of Meridian, a
municipal corporation organized under the laws of the State of Idaho, whose address is 33 East
Broadway Avenue, Meridian, Idaho (hereinafter "City"), and Kristy Sweeney, an individual person
whose address is 1517 W. Euclid Avenue, Boise, Idaho (hereinafter "Massage Therapist') (collectively,
"Parties").
WHEREAS, City and Massage Therapist are mutually interested in providing and enhancing
wellness and fitness opportunities for employees of City;
WHEREAS, Massage Therapist has specialized massage training, experience, and skill and is
willing to dedicate such skill for the benefit of City employees;
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which
is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein
contained, and in consideration of the recitals above, which are incorporated herein, City and Massage
Therapist agree as follows:
I. GENERAL OBLIGATIONS AND EXPECTATIONS OF MASSAGE THERAPIST.
A. Scope of Services. Upon execution of this Agreement, Massage Therapist shall perform and
furnish to City all services as specified in the document entitled "Scope of Services," a copy of
which is attached hereto as Exhibit A and incorporated herein by this reference.
B. 'Term of Agreement. Massage Therapist shall perform services under this Agreement from
October 1, 2013 through September 30, 2014.
C. Compliance with laws and standards; licensing. Massage Therapist shall provide services
under this Agreement consistent with the requirements and standards established by any and all
applicable federal and state laws and regulations, including, without limitation, all licensing and
other requirements established by the Idaho State Board of Massage Therapy pursuant to Title
54, Chapter 40, Idaho Code. Massage Therapist shall furnish a copy of her current State of Idaho
Massage Therapy License to City within seven (7) days of execution of this agreement and shall
notify City of any change in status as it pertains to such license. Massage Therapist represents
and warrants that Massage Therapist will perform all work under this Agreement in accordance
with generally accepted industry standards and safety practices for the professions or specialties
that are used in performance of this Agreement.
II. CONSIDERATION.
A. Compensation. City employees shall pay Massage Therapist directly for services rendered under
this Agreement in the amount specified in the Scope of Services attached hereto. This amount
shall constitute full compensation for any and all services performed, materials furnished, and
costs incurred by Massage Therapist.
B. Method of payment. City employees shall remit payment to Massage Therapist for services
rendered under this Agreement at the time service is provided.
AGREEMENT FOR WELLNESS MASSAGE SERVICES PAGE I OF 5
C. Taxes. Payment of all taxes and other assessments on such sums shall be the sole responsibility
of Massage Therapist.
D. No additional compensation. Except as expressly provided in this Agreement, Massage
Therapist shall not be entitled to receive from City any additional consideration, compensation,
salary, wages, or other type of remuneration for services rendered under this Agreement.
1II. GENERAL TERMS AND CONDITIONS.
A. Acknowledgment. Massage Therapist acknowledges that rendering services under this
Agreement presents risks, some of which are unknown, and agrees to assume all risks associated
with the fulfillment of the terms of this Agreement.
B. Indemnification and waiver. Massage Therapist and each and all of Massage Therapist's
employees, agents, contractors, officials, officers, servants, guests, and/or invitees shall, and
hereby do, indemnify, save and hold harmless, release and forever discharge City and its agents
and employees from and for any and all losses, claims, actions, judgments for damages, or injury
to persons or property and losses and expenses caused or incurred by Massage Therapist or any
employee, agent, contractor, official, officer, servant, guest, and/or invitee thereof, at or in its use
of City property, facilities, or equipment or any lack of maintenance or repair thereon and not
caused by or arising out of the tortious conduct of City, regardless of the manner by which such
claim may be brought.
C. No warranty. City makes no warranty or promise as to the condition, safety, usefulness, or
habitability of the premises, property, facilities, or equipment that City provides for Massage
Therapist's use. Massage Therapist accepts the premises, property, facilities, or equipment
provided by City as is, both at the Effective Date of this Agreement and for each massage day
and/or massage session.
D. Time of the essence. The Parties acknowledge and agree that time is strictly of the essence with
respect to each and every term, condition and provision of this Agreement, and that the failure to
timely perform any obligation hereunder shall constitute a breach of, and a default under, this
Agreement by the party so failing to perform.
E. Notice. Communication between the Parties regarding day-to-day matters (e.g., issues related to
scheduling and venue) shall occur via e-mail, facsimile, or telephone. All other notices required
to be given by either of the Parties shall be in writing and be deemed communicated when
personally served, or mailed in the United States mail, addressed as follows:
City: City of Meridian Massage Therapist: Kristy Sweeney
Attn: Human Resources Director 1517 W. Euclid Avenue
33 E. Broadway Avenue Boise, Idaho 83706
Meridian, Idaho 83642
Either party may change its authorized representative and/or address for the purpose of this
paragraph by giving written notice of such change to the other party in the manner herein
provided.
AGREEMENT FOR WELLNESS MASSAGE SERVICES PAGE 2 OF 5
F. Assignment. Massage Therapist shall not assign or sublet all or any portion of Massage
Therapist's interest in or obligations under this Agreement or any privilege or right hereunder,
either voluntarily or involuntarily, without the prior written consent of City. This Agreement and
each and all of the terms and conditions hereof shall apply to and are binding upon the respective
organizations, legal representative, successors, and assigns of the parties.
G. Independent contractor. In all matters pertaining to this Agreement, Massage Therapist shall
be acting as an independent contractor, and neither Massage Therapist nor any officer, employee
or agent of Massage Therapist shall be deemed an employee or agent of City in any manner or
for any purpose. Specifically, without limitation, Massage Therapist understands, acknowledges,
and agrees:
1. Massage Therapist is free from actual and potential control by City in the provision of
services under this Agreement.
2. Massage Therapist is engaged in an independently established trade, occupation, profession,
or business.
3. Massage Therapist has the authority to hire subordinates.
4. Massage Therapist owns and/or will provide all major items of equipment necessary to
perform services under this Agreement.
5. Neither Massage Therapist nor City shall be liable to the other for a peremptory termination
of the business relationship described under this Agreement.
H. Termination. If, for any reason, Massage Therapist fails to fulfill in a timely and proper manner
Massage Therapist's obligations under this Agreement, violates any of the covenants,
/"*N agreements, and/or stipulations of this Agreement, falsifies any record or document required to
be prepared under this Agreement, engages in fraud, dishonesty, or any other act of misconduct
in the performance of this Agreement, and/or City determines that termination of this Agreement
is in the best interest of City, City may terminate this Agreement by mailing written notice to
Massage Therapist of such termination and specifying the effective date thereof, at least forty-
eight hours prior to the effective date of such termination. Massage Therapist may terminate this
agreement at any time by giving at least seven (7) days' notice to City. Upon termination of the
Agreement, Massage Therapist's schedule shall be immediately cancelled and the Parties shall
have no further dealing hereunder.
I. Liability upon termination. Notwithstanding the above or any other provision of this
Agreement, termination of the Agreement shall not relieve Massage Therapist of liability to City
for damages sustained by City by virtue of any breach of this Agreement by Massage Therapist.
This provision shall survive the termination of this Agreement and shall not relieve Massage
Therapist of liability to City for damages or the City's right to pursue legal remedy allowed by
law.
J. Non -waiver. Failure of either party to promptly enforce the strict performance of any term of
this Agreement shall not constitute a waiver or relinquishment of any party's right to thereafter
enforce such term, and any right or remedy hereunder may be asserted at any time after the
governing body of either party becomes entitled to the benefit thereof, notwithstanding delay in
enforcement. All rights and remedies herein enumerated shall be cumulative and none shall
exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy
provided for herein or allowed by law shall not be to the exclusion of any other remedy.
AGREEMENT FOR WELLNESS MASSAGE SERVICES PAGE 3 OF 5
/"N
K. Attorney fees. Should litigation commence between the parties hereto concerning this
Agreement, the prevailing party shall be entitled, in addition to any other relief as may be
granted, to court costs and reasonable attorneys' fees as determined by a court of competent
jurisdiction. This provision shall be deemed to be a separate contract between the parties and
shall survive any default, termination or forfeiture of this Agreement.
L. Discrimination prohibited. In performing services under this Agreement, Massage Therapist
shall not unlawfully discriminate against any person on the basis of race, color, religion, sex,
national origin or ancestry, sexual orientation, age, or disability.
M. Compliance with laws. In performing the scope of services required hereunder, Massage
Therapist shall comply with all applicable laws, ordinances, and codes of Federal, State, and
local governments.
N. Construction and severability. If any part of this Agreement is held to be invalid or
unenforceable, such holding shall not affect the validity or enforceability of any other part of this
Agreement so long as the remainder of the Agreement is reasonably capable of completion.
O. Entire agreement. This Agreement contains the entire agreement of the parties and supersedes
any and all other agreements or understandings, oral of written, whether previous to the
execution hereof or contemporaneous herewith.
P. Applicable Law: This Agreement shall be governed by and construed and enforced in
accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian.
Q. Advice of attorney. Each party warrants and represents that in executing this Agreement, it has
received independent legal advice from its attorney or waived the opportunity to seek such
advice.
R. Approval Required: This Agreement shall not become effective or binding until approved by
the City of Meridian.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on thisqtd-y
of J� , 2013.
MASSAGE THERAPIST:
eeney
CITY OF MERIDIAN:Cit" of
`
BY: L
TaT9/de Weerd, Mayor '°""° ycee L. Holman, City Clerk
�< SEAL
AGREEMENT FOR WELLNESS MASSAGE SERVICES `"`' �Q�� PAGE 4 OF 5
/"\
EXHIBIT A
SCOPE OF SERVICES
Duties:
Massage Therapist to perform massage duties one day every other week, Thursday, 1:30 p.m. to 3:30
p.m., unless otherwise specified and mutually agreed upon by both parties.
Compensation:
None from the City of Meridian.
City employees will pay the following rate for massage services: $8.00 per ten (10) minute interval(s).
AGREEMENT FOR WELLNESS MASSAGE SERVICES
PAGE 5 OF 5
Meridian City Council Meeting
DATE: November 19, 2013 ITEM NUMBER: 6C
PROJECT NUMBER: FP 13-039
ITEM TITLE: Tradewinds Subdivision
Final Order for Approval: FP 13-039 Tradewinds Subdivision No. 2 by Don Newell, SDN,
LLC Located at the Southeast Comer of S. Victory Road and E. Locust Grove Road
Request: Final Plat Consisting of 22 Single -Family Residential Building Lots and 2
Common/Other lots on 10.42 Acres of Land in an R-8 Zoning District.
MEETING NOTES
AMIRM Ca,+env ed -6--)
f N 6 K, i U I\ 01'13
Community Item/Presentations Presenter Contact InfoJNotes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
Meridian City Council Meeting
DATE: November 19, 2013 ITEM NUMBER: 6D
PROJECT NUMBER: FP 13-040
ITEM TITLE: TOUCHSTONE PLACE
Final Order for Approval: FP 13-040 Touchstone Place by Iron Mountain Real Estate Inc.
Located on the South Side of E. Fairview Avenue and West of N. Stonehenge Way
Request: Final Plat Consisting of 16 Multi -Family Lots and 7 Common/Other Lots on
Approximately 4.49 Acres in an Existing R-15 Zoning District.
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-NWILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
Meridian City Council Meeting
DATE: November 19, 2013 ITEM NUMBER: 6E
PROJECT NUMBER: RZ 13-010
ITEM TITLE: THREE CORNERS
Findings of Fact, Conclusions of Law for Approval: Public Hearing: RZ 13-010 Three
Corners by C 13, LLC Located at Southeast Corner of N. Locust Grove Road and
Chinden Boulevard Request: Rezone Approximately 31.73 Acres from the C -C
(Community Business), the R-8 (Medium Density Residential) and the R-2 (Low Density
Residential) Zoning Districts to the C -C (Community Business) (12.52 Acres), the R-4
(Medium -Low Density Residential) (16.51 Acres) and the R-8 (Medium Density
Residential) (2.70 Acres) Zoning Districts
MEETING NOTES
u� R"r86YEU
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
Meridian City Council Meeting
DATE: November 19, 2013 ITEM NUMBER: 6F
PROJECT NUMBER: PP 13-025
ITEM TITLE: THREE CORNERS
Findings of Fact, Conclusions of Law for Approval: PP 13-025 Three Corners by C 13, LLC
Located Southeast Corner of N. Locust Grove Road and Chinden Boulevard Request:
Preliminary Plat Approval Consisting of Eight (8) Commercial Lots, Fifty -Four (54) Single
Family Lots and Six (6) Common Lots to Approximately 30.27 Acres in the Proposed C -C,
R-4 and R-8 Zoning Districts
MEETING NOTES
uy 07-9-2-VED
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
EMAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
Meridian City Council Meeting
DATE: November 19, 2013 ITEM NUMBER: 6G
PROJECT NUMBER: MDA 13-017
ITEM TITLE: THREE CORNERS
Findings of Fact, Conclusions of Law for Approval: MDA 13-017 Three Corners by C13,
LLC Located Southeast Corner of N. Locust Grove Road and Chinden Boulevard
Request: Modify the Recorded Development Agreement (Inst. # 108022887) to
Incorporate a New Concept Plan, Attach New Home Elevations and Update Certain
Sections of th DA to Reflect the Proposed Changes
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-1AAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
Meridian City Council Meeting
DATE: November 19, 2013 ITEM NUMBER: 6H
PROJECT NUMBER:
ITEM TITLE: Task Order 104610 - Well 29
Award of Task Order 10461 D for Professional Design Services for "Well 29 Test and
Production Well Design" to SPF Water Engineering, LLC for the Not -To -Exceed amount of
$75,000
MEETING NOTES
�ED
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-IIIIAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
Meridian City Council Meeting
DATE: November 19, 2013 ITEM NUMBER: 61
PROJECT NUMBER:
ITEM TITLE: Agreement with NMID
Agreement with Nampa Meridian Irrigation District for the Extension of Water and Sewer
Services Across the Milk Lateral Easement
MEETING NOTES
Community Item/Presentations Presenter Contact Info./,Notes
CLERKS OFFICE FINAL ACTION
DATE:
EaUAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
C E IDIAN�-
Public �DAilO
Works Department
TO: Mayor Tammy de Weerd
Members of City Council
FROM: Austin Petersen, EIT — Transportation and Utility Coordinator
DATE: November 5, 2013
Mayor Tammy de Weerd
City Ceandl N*mbtrse
Keith Bird
Brad Hoaglun
Charles Rountree
David Zaremba
SUBJECT: AGREEMENT WITH NAMPA MERIDIAN IRRIGATION DISTRICT FOR THE
EXTENSION OF WATER AND SEWER SERVICES ACROSS THE MILK
LATERAL EASEMENT
I. RECOMMENDED ACTION
A. Move to:
1. Approve the Agreement with Nampa Meridian Irrigation District (NMID)
2. Authorize the Mayor to sign the agreement.
II. DEPARTMENT CONTACT PERSONS
Austin Petersen, Transportation and Utility Coordinator (PM) 489-0352
Warren Stewart, PW Engineering Manager 489-0350
Tom Barry, Director of Public Works 489-0372
III. DESCRIPTION
A. Background
The Ada County Highway District will widen Ustick road between Locust Grove and
Leslie Way to five lanes with curb, gutter, detached sidewalk and bike lanes. During
construction, three water and sewer services or stubs will be added that enter the
easement held by the NMID for the Milk Lateral.
B. Proposed Project
To allow for the installation of these stubs and services, the attached agreement has been
created by NMID.
Page 1 of 2
IV. IMPACT
A. Strategic Impact:
This project is aligned with the Public Works objective of being opportunistic in planning
for growth and infrastructure needs.
B. Service/Delivery Impact:
The service and delivery impact that results from the addition of two single family homes
is negligible.
C. Fiscal Impact:
The City is responsible for the $350 charge from Sawtooth Law Offices incurred by
NMID for work necessary to prepare this agreement.
V. TIME CONSTRAINTS
Execution of the attached agreement is required to allow for the construction of water and sewer
improvements encroaching on the NMID easement. ACHD plans to start construction on this
project in January of 2014
VI. LIST OF ATTACHMENTS
Agreement with NMID
Approved for Council Agenda:
Page 2 of 2
it 11-311->)
ate
Meridian City Council Meeting
DATE: November 19, 2013 ITEM NUMBER: 6J
PROJECT NUMBER:
ITEM TITLE: Water Main Easement
Water Main Easement for Capital Educators Federal Credit Union
110
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
W
E IDIANt-,
IDAHO
Community Development
Department
TO: Mayor Tammy de Weerd
Members of the City Council
FROM: Denny Cline
DATE: 11/6/13
Land Development Services
Meridian City Hall, Suite 102
33 E. Broadway Avenue
Meridian, Idaho 83642
SUBJECT: Water Main Easement — Capital Ed Federal Credit Union
I. RECOMMENDED ACTION
A. Move to:
1. Approve a Water Main Easement for the City of Meridian, located on the
site of Capital Educators Federal Credit Union, 4853 N Linder Road.
2. This easement provides the City of Meridian access to a public water main
installed to provide service for Capital Educators Federal Credit Union.
3. Authorize the Mayor to sign the easement, and the City Clerk to attest.
II. DEPARTMENT CONTACT PERSONS
Bruce Chatterton, Community Development Director
Bruce Freckleton, Development Services Manager
Denny Cline, Development Analyst II
Denny Cline, eevelopment Analyst II
Bruce Freck a on Development Services Manager
884-5533
489-0362
489-0371
Recommending
Approval
Ph: 208.887.2211 • www.meridiancity.org • Fax 208.887.1297
Rev: 01/2013
Wk.
ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00
BOISE IDAHO 11/20/1312:51 PM
DEPUTY Bailey
RECORDEDD-R III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
REQUEST OF
Meridian City 1131 26758
WATER MAIN EASEMENT
THIS INDENTURE, made thit, _ day o f leo\_e�rn��� , 20 between
Capital Educators Federal Credit Union , the parties of the first part, and hereinafter called the
Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter
called the Grantee;
WITNESSETH:
WHEREAS, the Grantors desire to provide a water main right-of-way across the premises
and property hereinafter particularly bounded and described; and
WHEREAS, the water is to be provided for through an underground pipeline to be
constructed by others; and
WHEREAS, it will be necessary to maintain, service and subsequently connect to said
pipeline from time to time by the Grantee;
NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and
other good and valuable consideration, the Grantors do hereby give, grant and convey unto
the Grantee the right-of-way for an easement for the operation and maintenance of a water
main at the convenience of the Grantee over and across the following described property:
(SEE ATTACHED EXHIBIT A and B)
The easement hereby granted is for the purpose of construction and operation of a water main
and its allied facilities, together with maintenance, repair, replacement and subsequent
connection thereto of water mains at the convenience of the Grantee, with the free right of
access to such facilities at any and all times.
TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's
successors and assigns forever.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto,
that after making repairs, performing other maintenance or making subsequent connection to
the water main, Grantee shall restore the area of the easement and adjacent property to that
existent prior to undertaking such construction, repairs and maintenance. However, Grantee
shall not be responsible for repairing, replacing or restoring anything placed within the area
described in this easement that was placed therein violation of this easement.
City of Meridian, Idaho
Water Main Easement EASMT.WTR 1-29-09 1-
29-09.doc
/-,*N
THE GRANTORS hereby covenant and agree that they will not place or allow to be placed
any permanent structures, trees, brush, or perennial shrubs or flowers within the area
described for this easement, which would interfere with the use of said easement, for the
purposes stated herein.
THE GRANTORS hereby covenant and agree with the Grantee that should any part of the
right-of-way and easement hereby granted shall become part of, or lie within the boundaries
of any public street, then, to such extent, such right-of-way and easement hereby granted
which lies within such boundary thereof or which is a part thereof, shall cease and become
null and void and of no further effect and shall be completely relinquished.
THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and
possessed of the aforementioned and described tract of land, and that they have a good and
lawful right to convey said easement, and that they will warrant and forever defend the title
and quiet possession thereof against the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures
the day and year first herein above written.
rresi t
% 2c-, C 7,
Secretary
STATE OF IDAHO )
ss
County of Ada
► [ � �,i 113On this � D day of � , 20 �, before me, the undersigned, a Notary
Public in and for said State, personally appeared —Voc cA Cy, i, C V"S t ki
and _ +V ick � a A-IY'en(C known or identified to me to be the
President and Secretary, respectively, of the corporation that executed the within instrument, and
acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year
fist above written.
«,.•` ��� E, hp�•.,• NOTARY PUBLIC OR IDAHO
L �„'f' "•. Residing at: �1
l�rq: Commission Expires:
City of Meridi 0
Water Main EaSg$
29-09.doc '•,� •.•,..••'�«,«' EASMT.WTR 1-29-09 1-
n
GRANTEE: CITY OF MERIDIAN
Tammy d5)0(erd, Mayor
Attest b; ycee L. Holman, City Clerk
I
c:,tv o
SEAL ti
d >`
'the T2E �ygP
Approved By City Council On:.![p��
STATE OF IDAHO )
) ss
County of Ada )
On this—
day of, 20 1 � , before me, the undersigned, a Notary Public in
and for said State, personally appeared TAMMY DE WEERD and JAYCEE L. HOLMAN, known to
me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed
the within instrument, and acknowledged to me that the City of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year
first above written.
City of Meridian, Idaho
Water Main Easement
29-09.doc
NO ARY PU
keAding at:
Commission Expires:
EASMT.WTR 1-29-09 1-
/0-\
EXHIBIT A
DESCRIPTION OF
CITY OF MERIDIAN WATER LINE EASEMENT
August 28, 2013
AN EASEMENT BEING A PORTION OF LOT 5, BLOCK 1 OF NORTHPOINTE COMMERCIAL
SUBDIVISION NO. 2 AS RECORDED IN BOOK 104 OF PLATS AT PAGE 14089, LOCATED IN
THE SE 1/4 OF SECTION 26, TOWNSHIP 4 NORTH, RANGE 1 WEST OF THE BOISE
MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SECTION 26, T.4 N., R.1 W., B.M.,
THENCE N 00024'54" E 278.11 FEET ALONG THE EAST LINE OF SAID SECTION 26, BEING
THE CENTERLINE OF LINDER ROAD, TO A POINT;
THENCE N 89035'06" W 38.00 FEET TO THE NORTHEAST CORNER OF LOT 5, BLOCK 1,
NORTHPOINTE COMMERCIAL SUBDIVISION NO. 2,
THENCE N 89035'06" W 74.59 FEET ALONG THE NORTH LINE OF SAID LOT 5 TO THE REAL
POINT OF BEGINNING OF THIS DESCRIPTION;
THENCE S 00028'27"W 19.76 FEET TO A POINT;
THENCE S 50058'49" W 6.83 FEET TO A POINT;
THENCE S 00028'27" W 3.12 FEET TO A POINT;
THENCE N 89031'33"W 9.76 FEET TO A POINT;
THENCE N 00028'27" E 8.03 FEET TO A POINT;
THENCE N 50058'49" E 6.52 FEET TO A POINT;
THENCE N 00028'27" E 15.04 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 5;
THENCE S 89035'06" E 10.00 FEET TO THE REAL POINT OF BEGINNING OF THIS
DESCRIPTION.
EXHIBIT B
S69'35'06, *E �� Wu0' 1
• • 74.59' -30 .
- - - - - - - ------�
S 0.24'54V
L4 3
m
I
I
N LOT 5 BLOCK i �
NORTHPOINTE I
LOT 6 BLOCK 1 COMMERCIAL
SUBDIVISION NO.
NORTHPOINTElI 2
COMMERCIAL
SUBDIVISION NO. C4 PARCEL ro
b) #R6120670100 I
2 Z T.4N, R.1% SEC. I N
4851 N. 6
LINDER
I
ROAD
MERIDIAN, ID
�I
I I I N
i
J � I
- - - - - - - -
----------� .�I►
- - ''oW293- 84W 111.90
�n
Ls:
i
0
26 25
McMILIJAN ROAD 35 36
UNE
BEARING
DISTANCE
L1
S OO'28'27'
W 19.76
L2
S 54''58 49
W 6.83'
L3
S W2827"
W 3.12
L4
N 89'31133
W 9.76'
L5
N 0028'27"gE
8.03'
L6
N 50'58'49"6.52
L7
N 00'2827"15.04'L8
S 89'35 06
10,00
1 *-50'
414-26-1-2-2-0-104-14089
CITY OF MERIDIAN WATER LINE EASEMENT
LOCATED IN LOT 5, BLOCK 1, NORTHPOINTE COMMERCIAL SUBDIVISION NO.2
SECTION 26, T.4 N., R.1 W., B.M., MERIDIAN, IDAHO
Meridian City Council Meeting
DATE: November 19, 2013 ITEM NUMBER: 6K
PROJECT NUMBER:
ITEM TITLE: TASK ORDER 10045E WWTP
Approval of Task Order 10045E for "Wastewater Treatment Plant (WWTP) Fermentation
and Odor Control Project Programming and Integration" to CH2M Hill Engineers, Inc. for
the Not -To -Exceed amount of $150,975.00
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-IMLED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
Meridian City Council Meeting
DATE: November 19, 2013 ITEM NUMBER: 6L
PROJECT NUMBER:
ITEM TITLE: TASK ORDER 10033.d ASHFORD GREENS
Approval of Task Order 10033.d for "Ashford Greens Trunk Sewer" Design to JUB
Engineers in the Not -To -Exceed Amount of $60,099.00
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
Meridian City Council Meeting
DATE: November 19, 2013 ITEM NUMBER: 6M
PROJECT NUMBER: MDA 13-016
ITEM TITLE: (2bp-ve�JSUBDIVISION
Development Agreement for Approval: MDA 13-016 CPpppr-1 r Subdivision by
Providence Properties, LLC Located 4405 E. Ustick Road Request: Modification to the
Development Agreement to Remove the Requirement for Townhomes to be
Constructed on Two of the Building Lots and Inclusion of a Revised Conceptual
Development Plan and Building Elevations
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00
BOISE IDAHO 11/20/13 09:45 AM
DEPUTY Ronnie Oberbill
RECORDED—REQUEST QF �I) ���IIIIIIIIIIIIIILIIIIIIIIIIII ���
Meridian City 113126582
SECOND ADDENDUM TO DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Providence Properties, LLC, Owner/Developer
THIS SECOND ADDENDUM TO DEVELOPMENT AGREEMENT is dated thisR day
Of efj[ , 2013, ("SECOND ADDENDUM"), by and between City of Meridian, a
municipal corporation of the State of Idaho ("CITY"), whose address is 33 E. Broadway Avenue,
Meridian, Idaho 83642 and Providence Properties, LLC whose address is 701 South Allen Street,
Suite 108, Meridian, Idaho 83642, hereinafter called OWNER/DEVELOPER.
RECITALS
A. City and OWNER and/or former OWNER entered into that certain
Development Agreement that was recorded on May 9, 2012 in the real property records of Ada
County as Instrument No. 112043739 ("DEVELOPMENT AGREEMENT") and an Addendum to
Development Agreement that was recorded on November 8, 2012 in the real property records of
Ada County as Instrument No. 112117349 ("ADDENDUM").
B. City and OWNER/DEVELOPER now desire to amend the Development
Agreement and First Addendum to Development Agreement, which terms have been approved by
the Meridian City Council in accordance with Idaho Code Section 67-6511.
NOW, THEREFORE, in consideration of the covenants and conditions set forth
herein, the parties agree as follows:
1. OWNER/DEVELOPER shall be bound by the terms of the Development Agreement and
Addendum, except as specifically amended as follows:
Section 4 — USES PERMITTED BY THIS A GREEMENT.-
4.1 The uses allowed pursuant to this Agreement are only those uses allowed under
City's Zoning Ordinance codified at Meridian Unified Development Code § M -
2A.
4.2 No change in the uses specified in this Agreement shall be allowed without
modification of this Agreement.
Section S — CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY.-
t t�np Ae4 'Subdivision MDA -13-016 Page i
5.1 The applicant shall comply with the submitted conceptual elevations attached in
Exhibit A. The rear (or side) of structures on Lots 14, 13 and 14, Block 1 that back
up to Ustick Road shall incorporate articulation through changes in materials,
color, modulation, and architectural elements (horizontal and vertical) to break up
monotonous wall planes and roof lines in accord with UDC 11-3A-19 and the
Design Manual.
5.2 Direct lot access to E. Ustick Road is prohibited; access to the site shall be
provided from E. Arch Drive. A sub street shall be provided to the property to the
west (parcel #SI1041211105) for future interconnectivity.
5.3 The site shall be developed into a residential subdivision consisting of sixteen (16)
single-family building lots consistent with the conceptual development plan and
building elevations included in Exhibit A.
5.4 The applicant shall be responsible to install water mains to and through this
development, coordinate main size and routing with Public Works.
5.5 The applicant will be responsible to stub sewer and water services to 4315 E.
Ustick Road, parcel # Sl 104121105. Contact Meridian Public Works for size and
routing.
5.6 Any existing domestic well system within this project shall be removed from
domestic service per City Ordinance Section 9-1-4 and 9-4-8 contact the City of
Meridian Engineering Department at (208) 898-5500 for inspections or
disconnection of services. Wells may be used for non-domestic purposes such as
landscape irrigation if approved by Idaho Department of Water Resources, Contact
Robert B. Whitney at (208) 334-2190.
5.7 Any existing septic systems within this project shall be removed from service per
City Ordinance Section 9-1-4 and 9-4-8, within 6 months after the date of
annexation ordinance approval. Contact Central District Health for abandonment
procedures and inspections (208) 375-5211.
2. OWNER/DEVELOPER agrees to abide by all ordinances of the City of Meridian that are
consistent with the terms of the Development Agreement and this Addendum and the Project Site
shall be subject to de -annexation if the DEVELOPER, or their assigns, heirs, or successors shall
not meet the conditions of this Addendum as herein provided, and the Ordinances of the City of
Meridian that are consistent with the terms of the Development Agreement and this Addendum.
3. If any provision of this Addendum is held not valid by a court of competent jurisdiction,
such provision shall be deemed to be excised from this Addendum and the invalidity thereof shall
not affect any of the other provisions contained herein.
4. This Addendum sets forth all promises, inducements, agreements, condition, and
understandings between O"ER/DEVELOPER and City relative to the subject matter herein, and
CoTt>cv ifta'C Subdivision NIDA -13-016 page 2
there are no promises, agreements, conditions or under -standing, either oral or written, express or
implied, between OWNER/DEVELOPER and City, other than as are stated herein. Except as
herein otherwise provided, no subsequent alteration, amendment, change or addition to this
Addendum shall be binding upon the parties hereto unless reduced to writing and signed by them
or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted
ordinance or resolution of City.
a. Except as herein provided, no condition governing the uses and/or conditions governing
development of the subject Project Site herein provided for can be modified or amended
without the approval of the City Council after the City has conducted public hearing(s) in
accordance with the notice provisions provided for a zoning designation and/or
amendment in force at the time of the proposed amendment.
5. This Addendum shall be effective as of the date herein above written.
6. Except as amended by this Addendum, all terms of the Development Agreement shall
remain in full force and effect.
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and
made it effective as hereinabove provided.
OWNER/DEVELOPER:
Providence Properties, LLC
CITY OF MERIDIAN
By:— -7. 4- �
Mayor TangVde Weerd
ATTEST:
r�
.ty
" g; p eoac�o
r,. 1 i-,t�9.L
w-
fT A
Jf txr Tf��4`t:.
City Clerk
GoV tcrtcS Subdivision MDA -13-016 Page 3
STATE OF IDAHO, )
): ss
County of &-,)
On this ��'day of ( , 2013, before me, the undersigned, a Notary
Public in and for said State, personally appeared (_ known or
identified to me to be the of Providence Properties, LLC and the
person who executed the above.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
(SEAL) "
r&OTA*R .
S ifr+�r
S
�S0rii�y ACJ$ (,IG,OF
STATE OF IDAHO )
: ss
County of Ada )
z
Notary Public fo
Residing at:
My Commission
On this A day of NIOVE mlp�y— , 2013 before me, a Notary Public,
personally appeared Tammy de Weerd and Jaycee L. Holman, know or identified to me to be the
Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument of behalf of
said City, and acknowledged to me that such City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
,.
(SEAL)
TE3
%cne,r(e4 Subdivision MDA -13-016
Ndtiy Public, f& Idaho
Residing at: { r
Commission expires:
Page 4
Exhibit A, Cancept11111 Building Elevations
Exhibit A
Meridian City Council Meeting
DATE: November 19, 2013 ITEM NUMBER: 6N
PROJECT NUMBER: MDA 13-013
ITEM TITLE: BALTIC PLACE ADDITION
Development Agreement for Approval: MDA 13-013 Baltic Place Addition by HD Fowler
Company Located South of E. Franklin Road and West of E. Kalispell Street Request:
Amend the Recorded Development Agreement (Instrument # 102090926) for the
Purpose of Excluding the Proposed Baltic Place Addition Property and Modifying
Certain Sections that Reference the Development of the R-40 Apartment Parcel
MEETING NOTES
Ff RGr�OBED
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00
BOISE IDAHO 11/20/13 12:51 PM
DEPUTY Vicky Bailey III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII III
� RECORDED—REQUEST OF
Meridian City 113126757
ADDENDUM TO THE DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Cair Paravel LLC, Owner/Developer
This addendum is made and entered into this (C�_ day of , , 2013, by
and between CITY OF MERIDIAN, a municipal corporation of the tate of Idaho, whose address is
33 E. Broadway Avenue, Meridian, ID 83642, hereafter called CITY and Cair Paravel LLC, whose
address is C/O H.D. Fowler Co Inc., whose address is P.O. Box 160, Bellevue, Washington 98009-
0160, hereinafter called OWNER/DEVELOPER.
RECITALS
A. CITY and OWNER/DEVELOPER, and/or predecessors, entered into that
certain Development Agreement dated August 12, 2002 (Instrument # 102090926).
B. CITY and OWNER/DEVELOPER now desire to amend the Development
Agreement in accordance with the terms in this Addendum, which terms have been approved by the
Meridian City Council in accordance with Idaho Code Section 67-651 IA.
NOW, THEREFORE, in consideration of the covenants and conditions set forth
herein, the parties agree as follows:
1. OWNER/DEVELOPER shall be bound by the terms of the Development Agreement, except
as specifically to the property described in Exhibit A:
The property described in Exhibit A shall be removed from the Development
Agreement dated August 12, 2002, Instrument # 102090926 and shall be bound by a
new Development Agreement.
2. That Owner/Developer agree to abide by all ordinances of the City of Meridian and the
Property shall be subject to de -annexation of the Owner/Developer, or their assigns, heirs, or
successors shall not meet the conditions of this addendum to the Development Agreement, and any
new Ordinances of the City of Meridian as herein provided.
3. This Addendum shall be binding upon and insure to the benefit of the parties' respective
heirs, successors, assigns and personal representatives, including City's corporate authorities and
ADDENDUM TO DEVELOPMENT AGREEMENT (MDA 13-013 - BALTIC PLACE) PAGE 1 OF 4
�1
their successors in office. This Addendum shall be binding on the Owner/Developer of the property,
each subsequent owner and any other person(s) acquiring an interest in the Property. Nothing herein
shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or
alienation shall be subject to the provisions hereon and any successor owner or owners shall be both
benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written
request of Owner/Developer, to execute appropriate and recordable evidence of termination of this
Addendum if City, in its sole and reasonable discretion, had determined that Owner/Developer have
fully performed their obligations under this Addendum.
W
4. If any provision of this Addendum is held not valid by a court of competent jurisdiction, such
provision shall be deemed to be excised from this Addendum and the invalidity thereof shall not
affect any of the other provisions contained herein.
5. This Addendum sets forth all promises, inducements, agreements, condition, and
understandings between Owner/Developer and City relative to the subject matter herein, and there
are no promises, agreements, conditions or under -standing, either oral or written, express or implied,
between Owner/Developer and City, other than as are stated herein. Except as herein otherwise
provided, no subsequent alteration, amendment, change or addition to this second addendum shall be
binding upon the parties hereto unless reduced to writing and signed by them or their successors in
interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution
of City.
a. Except as herein provided, no condition governing the uses and/or conditions
governing development of the subject Property herein provided for can be
modified or amended within the approval of the City Council after the City has
conducted public hearing(s) in accordance with the notice provisions provided for
a zoning designation and/or amendment in force at the time of the proposed
amendment.
6. This Addendum shall be effective as of the date herein above written.
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and made
it effective as hereinabove provided.
OWNER/DEVELOPER:
Cair Paravel LLC
By:
Catherine Fowl Antonelli, Manager
ADDENDUM TO DEVELOPMENT AGREEMENT (MDA 13-013 - BALTIC PLACE) PAGE 2 OF 4
/0-1
n
/'N
CITY OF MERIDIAN
By:
Mayor T de Weerd
ADDENDUM TO DEVELOPMENT AGREEMENT (MDA 13-013 - BALTIC PLACE) PAGE 3 OF 4
STATE OF )
ss:
County of KrJ b
On this (P - `_qday of NW6r &---4 , 2013, before me, the undersigned, a Notary Public in and
for said State, personally appeared V Catherine Fowler Antonelli,
known or identified to me to be the Manager of Cair Paravel LLC, and acknowledged to me that
she executed the same on behalf of said Limited Liability Company.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
andy1c r;n th,c nPrri,firatP fing dove written.
SHELLEY MUTH
STATE OF WASHINGTON
NOTARY PUBLIC
MY COMMISSION EXPIRES
Q7-28-16
STATE OF IDAHO )
ss
County of Ada )
NZ
Notary Pub ' r 5`'fti 9�,-
Residing at: 66"- -4 VK_
My Commission Expires: _
On this day of _nt1� , 2013, before me, a Notary Public,
personally appeared Tammy de Weerd and Jaycee L. Holman, know or identified to me to be the
Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person
that executed the instrument of behalf of said City, and acknowledged to me that such City executed
the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
0000&*
JO
(SEAL)3
h 0
o Public fo daho
ReWing ing at: K M01-1
Commission expires: L�
ADDENDUM TO DEVELOPMENT AGREEMENT (MDA 13-013 - BALTIC PLACE)
PAGE 4 OF 4
Meridian City Council Meeting
DATE: November 19, 2013 ITEM NUMBER: 60
PROJECT NUMBER: RZ 13-007
ITEM TITLE: BALTIC PLACE ADDITION
Development Agreement for Approval: RZ 13-007 Baltic Place Addition Located South
of E. Franklin Road and West of E. Kalispell Street Request: Rezone of Approximately 9.41
Acres from the R-40 (High -Density Residential) Zoning District to the I -L (Industrial) Zoning
District
MEETING NOTES
yr 1py,8011
�"Tp
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
• SENT TO
APPLICANT
NOTES
INITIALS
ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 46
BOISE IDAHO 11/20/1312:51 PM
Vicky ��y Bailey III illllllllilllllllllllllllllllll III
� RECORDED—REQUEST OF
Meridian City 113126756
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Cair Paravel LLC, Owner/Developer
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into
this day of &J%�,mWef , 20J3, by and between City of Meridian, a municipal
corporation of the State of Idaho, hereafter called CITY, and Cair Paravel LLC, C/O H.D.
Fowler Co, Inc., whose address is P.O. Box 160, Bellevue, Washington 98009-0160
hereinafter called OWNER/DEVELOPER.
1. RECITALS:
1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of certain
tract of land in the County of Ada, State of Idaho, described. in Exhibit "A"
for each owner, which is attached hereto and by this reference incorporated
herein as if set forth in full, herein after referred to as the Property; and
1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by
ordinance, require or permit as a condition of re -zoning that the
Owner/Developer make a written commitment concerning the use or
development of the subject Property; and
1.3 WHEREAS, City has exercised its statutory authority by the enactment of
Section 11-5B-3 of the Unified Development Code ("UDC"), which
authorizes development agreements upon the annexation and/or re -zoning
of land; and
1.4 WHEREAS, Owner/Developer has submitted an application for
annexation and zoning of the Property described in Exhibit "A",
requesting a designation of Light Industrial District (I -L District) under the
DEVELOPMENT AGREEMENT — BALTIC PLACE ADDITION (RZ 13-007) PAGE 1 OF 11
UDC and generally describing how the Property will be developed and
what improvements will be made; and
1.5 WHEREAS, Owner/Developer made representations at the public
hearings both before the Meridian Planning & Zoning Commission and
before the Meridian City Council, as to how the subject Property will be
developed and what improvements will be made; and
1.6 WHEREAS, the record of the proceedings for the requested annexation
and zoning designation of the subject Property held before the Planning &
Zoning Commission, and subsequently before the City Council, include
responses of government subdivisions providing services within the City
of Meridian planning jurisdiction, and received further testimony and
comment; and
1.7 WHEREAS, City Council, the I"day of October, 2013, the Meridian City
Council approved certain Findings of Fact and Conclusions of Law and
Decision and Order ("Findings"), which have been incorporated into this
Agreement and attached as Exhibit `B"; and
1.8 WHEREAS, the Findings require the Owner/Developer to enter into a
Development Agreement before the City Council takes final action on
annexation and zoning designation; and
1.9 WHEREAS, Owner/Developer deem it to be in their best interest to be
able to enter into this Agreement and acknowledges that this Agreement
was entered into voluntarily and at their urging and requests; and
1.10 WHEREAS, City requires the Owner/Developer to enter into a
development agreement for the purpose of ensuring that the Property is
developed and the subsequent use of the Property is in accordance with the
terms and conditions of this Agreement, herein being established as a
result of evidence received by the City in the proceedings for zoning
designation from government subdivisions providing services within the
planning jurisdiction and from affected property owners and to ensure re-
zoning designation is in accordance with the amended Comprehensive
Plan of the City of Meridian on April 19, 2011, Resolution No. 11-784,
DEVELOPMENT AGREEMENT - BALTIC PLACE ADDITION (RZ 13-007) PAGE 2 OF 1 I
11�
and the Zoning and Development Ordinances codified in Meridian Unified
Development Code, Title 11.
NOW, THEREFORE, in consideration of the covenants and conditions set forth
herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are contractual and
binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the following words, terms,
and phrases herein contained in this section shall be defined and interpreted as herein provided
for, unless the clear context of the presentation of the same requires otherwise:
3.1 CITY: means and refers to the City of Meridian, a party to this
Agreement, which is a municipal Corporation and government subdivision
of the state of Idaho, organized and existing by virtue of law of the State of
Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho
83642.
3.2 OWNER/DEVELOPER: means and refers Cair Paravel LLC, whose
address is P.O. Box 160, Bellevue, Washington 98009-0160, the parry that
is developing said Property and shall include any subsequent
owner/developer(s) of the Property.
3.3 PROPERTY: means and refers to that certain parcel(s) of Property
located in the County of Ada, City of Meridian as described in Exhibit "A"
describing the parcels to be re -zoned I -L (Light Industrial District)
attached hereto and by this reference incorporated herein as if set forth at
length.
4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the
right to develop the Property in accordance with the terms and conditions of this Agreement.
4.1 The uses allowed pursuant to this Agreement are only those uses allowed
under City's Zoning Ordinance codified at Meridian Unified Development
Code.
DEVELOPMENT AGREEMENT - BALTIC PLACE ADDITION (RZ 13-007) PAGE 3 OF 11
4.2 No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
5.1. Owner/Developer shall develop the Property in accordance with the
following special conditions:
5.1.1 Future development of the site shall generally comply with the preliminary
plat and landscape plan included in Exhibit C.
5.1.2 Future development of the site shall comply with the ordinances in effect at
the time of development,
5.1.3 Future development of the site shall be consistent with the design standards
in UDC 11-3A-19 and the guidelines in the Meridian Design Manual.
6. COMPLIANCE PERIOD This Agreement must be fully executed within two (2)
years after the date of the Findings for the annexation and zoning or it is null and void.
7. DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
7.1 Acts of Default. In the event Owner/DeveIoper, or Owner's/Developer's
heirs, successors, assigns, or subsequent owners of the Property or any
other person acquiring an interest in the Property, fail to faithfully comply
with all of the terms and conditions included in this Agreement in
connection with the Property, this Agreement may be terminated by the
City upon compliance with the requirements of the Zoning Ordinance.
7.2 Notice and Cure Period. In the event of Owner/Developer's default of
this Agreement, Owner/Developer shall have thirty (30) days from receipt
of written notice from City to initiate commencement of action to correct
the breach and cure the default, which action must be prosecuted with
diligence and completed within one hundred eighty (180) days; provided,
however, that in the case of any such default that cannot with diligence be
cured within such one hundred eighty (180) day period, then the time
/0"*N allowed to cure such failure may be extended for such period as may be
DEVELOPMENT AGREEMENT - BALTIC PLACE ADDITION (RZ 13-007) PAGE 4 OF 11
/0-\
necessary to complete the curing of the same with diligence and
continuity.
7.3 Remedies. In the event of default by Owner/Developer that is not cured
after notice as described in Section 7.2, Owner/Developer shall be deemed
to have consented to modification of this Agreement and de -annexation
and reversal of the zoning designations described herein, solely against the
offending portion of Property and upon City's compliance with all
applicable laws, ordinances and rules, including any applicable provisions
of Idaho Code §§ 67-6509 and 67-6511. Owner/Developer reserves all
rights to contest whether a default has occurred. This Agreement shall be
enforceable in the Fourth Judicial District Court in Ada County by either
City or Owner/Developer, or by any successor or successors in title or by
the assigns of the parties hereto. Enforcement may be sought by an
appropriate action at law or in equity to secure the specific performance of
the covenants, agreements, conditions, and obligations contained herein.
7.4 Delay. In the event the performance of any covenant to be performed
hereunder by either Owner/Developer or City is delayed for causes that are
beyond the reasonable control of the party responsible for such
performance, which shall include, without limitation, acts of civil
disobedience, strikes or similar causes, the time for such performance shall
be extended by the amount of time of such delay.
7.5 Waiver. A waiver by City of any default by Owner/Developer of any one
or more of the covenants or conditions hereof shall apply solely to the
default and defaults waived and shall neither bar any other rights or
remedies of City nor apply to any subsequent default of any such or other
covenants and conditions.
8. INSPECTION: Owner/Developer shall, immediately upon completion of any
portion or the entirety of said development of the Property as required by this Agreement or by
City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and
written approval of such completed improvements or portion thereof in accordance with the terms
and conditions of this Agreement and all other ordinances of the City that apply to said Property.
9. REQUIREMENT FOR RECORDATION: City shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, and submit
DEVELOPMENT AGREEMENT - BALTIC PLACE ADDITION (RZ 13-007) PAGE 5 OF 11
proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning
Ordinance in connection with the re -zoning of the Property by the City Council. If for any reason
after such recordation, the City Council fails to adopt the ordinance in connection with the
annexation and zoning of the Property contemplated hereby, the City shall execute and record an
appropriate instrument of release of this Agreement.
10. ZONING: City shall, following recordation of the duty approved Agreement,
enact a valid and binding ordinance zoning the Property as specified herein.
11. SURETY OF PERFORMANCE: The City may also require surety bonds,
irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under
Meridian City Code § 11-5-C, to insure that installation of the improvements, which the
Owner/Developer agrees to provide, if required by the City.
12, CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be
issued in any phase in which the improvements have not been installed, completed, and accepted
by the City.
13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to abide
by all ordinances of the City of Meridian and the Property shall be subject to de -annexation if the
owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings
of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of
Meridian.
14. NOTICES: Any notice desired by the parties and/or required by this Agreement
shall be deemed delivered if and when personally delivered or three (3) days after deposit in the
United States Mail, registered or certified mail, postage prepaid, return receipt requested,
addressed as follows:
CITY:
City Clerk
City of Meridian
33 E. Broadway Ave.
Meridian, Idaho 83642
O)ANER/DEVELOPER:
DEVELOPMENT AGREEMENT - BALTIC PLACE ADDITION (RZ 13-007) PAGE 6 OF I I
Cair Paravel LLC,
C/O H.D. Fowler Co., Inc.
P.O. Box 160
Bellevue, Washington, 98009-0160
with copy to:
City Attorney
City of Meridian
33 E. Broadway Avenue
Meridian, ID 83642
14.1 A party shall have the right to change its address by delivering to the other
party a written notification thereof in accordance with the requirements of
this section.
is. ATTORNEY FEES: Should any litigation be commenced between the parties
hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other
relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of
competent jurisdiction. This provision shall be deemed to be a separate contract between the
parties and shall survive any default, termination or forfeiture of this Agreement.
16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that
time is strictly of the essence with respect to each and every term, condition and provision hereof,
and that the failure to timely perform any of the obligations hereunder shall constitute a breach of
and a default under this Agreement by the other party so failing to perform.
17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and
inure to the benefit of the parties' respective heirs, successors, assigns and personal
representatives, including City's corporate authorities and their successors in office. This
Agreement shall be binding on the Owner/Developer of the Property, each subsequent owner and
any other person acquiring an interest in the Property. Nothing herein shall in any way prevent
sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be
subject to the provisions hereof and any successor owner or owners shall be both benefited and
bound by the conditions and restrictions herein expressed. City agrees, upon written request of
Owner/Developer, to execute appropriate and recordable evidence of termination of this
Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer
has fully performed its obligations under this Agreement.
DEVELOPMENT AGREEMENT - BALTIC PLACE ADDITION (RZ 13-007) PAGE 7 OF I l
/'*N
18. INVALID PROVISION: If any provision of this Agreement is held not valid by
a court of competent jurisdiction, such provision shall be deemed to be excised from this
Agreement and the invalidity thereof shall not affect any of the other provisions contained herein.
19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each
party shall act reasonably in giving any consent, approval, or taking any other action under this
Agreement.
20. FINAL AGREEMENT: This Agreement sets forth all promises, inducements,
agreements, condition and understandings between Owner/Developer and City relative to the
subject matter hereof, and there are no promises, agreements, conditions or understanding, either
oral or written, express or implied, between Owner/Developer and City, other than as are stated
herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or
addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and
signed by them or their successors in interest or their assigns, and pursuant, with respect to City,
n to a duly adopted ordinance or resolution of City.
20.1 No condition governing the uses and/or conditions governing re -zoning of the
subject Property herein provided for can be modified or amended without the
approval of the City Council after the City has conducted public hearing(s) in
accordance with the notice provisions provided for a zoning designation and/or
amendment in force at the time of the proposed amendment.
21. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on
the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance
in connection with the annexation and zoning of the Property and execution of the Mayor and City
Clerk
DEVELOPMENT AGREEMENT - BALTIC PLACE ADDITION (RZ 13-007) PAGE 8 OF 11.
?0-1
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and
made it effective as hereinabove provided.
OWNER/DEVELOPER:
Cair Paravel LLC
R
By. � -1-2�4,4114
Catherine Fo er Ant elh, Manager
ATTEST:
Holman, City Clerk
CITY OF MERIDIAN
By:
Mayor Ta&f de Weerd
M14��2 f ideJ
oofc�
J✓
y may} Cit y4 q(1
s[i�iao�i7
S Fr L
"r 4 gyp`
DEVELOPMENT AGREEMENT - BALTIC PLACE ADDITION (RZ 13-007) PAGE 9 OF 11
/1
W
STATE OF W A
. ss:
County of 14.1 t j 0 )
On this 6 r+4 day of P60 013, before me, the undersigned, a Notary Public in
and for said State, personally appeared V Catherine Fowler
Antonelli, known or identified to me to be the Manager of Cair Paravel LLC, and acknowledged
to me that she executed the same on behalf of said Limited Liability Company.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
SHELLEY MUTH
STAU OF WASHMTON
NOTARY PUBLIC
MY COMMISSION EXPIRES
07-2&16
STATE OF IDAHO
ss
County of Ada )
Notaryu 'lic for t5WO-:
Residing at: $4u V ✓k
My Commission Expires:
On this day of m , 2013, before me, a Notary Public,
personally appeared Tammy de Weerd and Jaycee L. Holman, know or identified to me to be
the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the
person that executed the instrument of behalf of said City, and acknowledged to me that such City
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
DEVELOPMENT AGREEMENT - BALTIC PLACE ADDITION (RZ 13-007) PAGE I O OF 1 I
06
*��, ��®
(SEAL) ;®*
7
Yf
/1"**N
No Public for Id o -
Residing at: KAE v, A
Commission expires:
1\
DEVELOPMENT AGREEMENT - BALTIC PLACE ADDITION (RZ 13-007) PAGE 11 OF 11
Exhibit A: Legal Description
8altk Place Additfon (Rezone and prefimInary Plat)
A parcel located ki the NW % of the NE K of Section 18, Tosensh' 3 North, Dano' 1 t=est, 00i"
Meridian, Ada County, Idaho, and more particularly described as follows:
Commencing at a Brass Cap monument marking the northwest corner Of the NE % of said Section 18,
from Witch a Brass Gap monument marking the northeast corner of said Section 18 bears N 89"46'09" E
a distance of 268410 feel;
Thence N 8T46'09" E along the northerly boundary of said a cction 16 €1 distance of 1327.17 feet tt>< a 61$
Inch diameter Iron pin marking the northeast corner of swirl NW % of the NE 1;'4;
Thence S 02910" W along the easterly boundary and the prolongation thereof of Baltic Place
Subdivision No. 1 as shovtt in Book 03 of Plots on gaol& 11188, records of Fido County, Who, a distance
of 293.711 (cot to a $18 Inch diameter iron (sin marking the: southeast corner of cold Baltic Place
Subctivislon No. 11 and the PAINT OF BEGINNING;
Thence S 0429'30" W along the easterly boundary of said Nil X of the NE Y4 a distanca of 1038.99 feet
to a 818 inch diameter iron pin marking We southeast corner of Madirnont Subdivision No. 2 as shm-n in
Book 78 of Plats on Page 8453, ramds of Ada County, Idaho;
Thence leaving said easterly boundary N 61628'38'W a distance of 132.86 feet to a point In the Hunter
Lateral;
/-04N Thence N 63°2715" W a distanoe of 404.01) feet to a 610 Inch diameter iron pin;
Thence N 01,89'10" W a distance of 680.07 feel to a big inch diameter Iron pin marking the southvrast
corner of said Baltlo Place Subdivision No. i;
Thence along the southerly boundary of Said 0altic Placa 50clivision No. 1 the foilovAng described
courses:
Thence N 89"21'26" E a distance of 129,05 rent to a GIB inch diameter iron pin,,
Thence N 45"2915" E a distance of 25.6o feet to a 518 Inch cbmoter iron pin;
Thence N 0029'15° E a distance of 57.99 feet to a M inch diameter iron p1n;
Thence S 8:11'30'46" E a distance of 64.[10 feet to a 516 Inca ftmeter Iron pin;
Thence N 002815" E a distance of 21.00 feet to a els inoh di: muter iron pin;
'thence S 89"30'45"E a distance of 279.98 feet to the POINT OF BEGINNING;
This parcel contains 9.41 acres and Is subject to any easements
existing or in use.
Clinton W. Hansen, PLS
Lancs Solutions, PC
June 5, 2013 JUL ! t 2013
A+IIrRIDIAN C(-',MMt1NIrV
,_-�-�� DEV-LOPMENT OF -PT
�, �.,cit]'1C1siblUthi' ns
r, _.r -Wdla Vita Ing COMM"
1341a Remainder
Job No. 13.35
11�
Exhibit A: Legal Description
LQwi tascrila w'
Ral is Mace Addition (Rezone and Preliminary Plat)
A parcel located in the NW %. of the NE % of Section 18, Totanship 3 North, Range 1 f=ast, Sofse
Me6dian, Ada County, Idaho, and more particulady deaefibed as follows:
Commencing at a Brass cap monument marking the northwest confer of the NE X of said Section 10,
from whioh a Brass Cap monument marking the northeast cornu of said Seotlon 18 bears N 89°46'09" E
a distance of 2654.20 feel; ,
Thence N 80 46'69" B along the northerly boundary of asld Scotian 18 a distance of 1327.17 feet to a 818
Inch diameter fron pin marking the northeast corner of said NW % of the NE 114;
Thence S M9'30" W along the easterly boundary and the prolongation thereof of Baltic Place
Subdivision No. 1 as shown in Book 83 ofPlMs on page 111813, records of Ada county, Idaho, a.OWanoe
of 293.11 feet to a 910 Inch dfarneter Iron pin marking the southeast corner of said Baltic Place
Subdivisldn .No.1 and the POINT OF 13EGINNINGt
Thence S 04t29'30` W along the easterly boundary of said Nlr11 Y4- of the NE !/4a distancs of 1038.99 feet
to €r 618 Inch diameter Iron pin maildrig the southeast corner of Medimont Subitivision No. 2 as shown in
Boots 78 of Plats on Page 8453, retards of Ada County, Idaho;
Thence leaving said easterly boundary N 51'26'3D0 W a distance of 132.66 feet to a point In the Hunter
Lateral,,
Thence N 63"27'16'W a distance of 404,00 feet to a 618 inch diameter iron pin;
Thence N 0039110" W a distance of 000.07 feet to a 518 inch diameter iron pin marking the southeast
comer of said Baltic Place Subdivision No. i;
Thence along the southerly boundary of said 841110 place .Subdivision No. 1 the following described
courees:
Thence N 89"21'26" E a distance of 129.05 feet to a 618 inert diameter Iron pin;
'thence 1446"2915" .1 a distance of 26.60 feet to a 610 Inch dfsmolor iron pin;
Thence N 0129'16'E a distance of 67.99 feet to a 518 Inch diameter iron pin;
Thence S 89"30'45" E a distance of 64.00 feet to a 518 Inch diameter Iron pin;
Thence N 0@29'16" E a dislonm of 21.00 feet to a 518 inch diameter iron pin;
Thence S 89'30146" E a distance of 279.96 feet to the POINT OF BEGINNING;
This parcel contains 9.41 acres and Is subject to any easements
existing or In use.
Clinton W. Hanson, PLO . R. ftb1�1.
Land solutions, PC Bjr . iL
June s, 2013 JUL 1 1 Y013
M E R 10 AN liV.'+MUNIi 7
rr DEVELOPMENT DEPT,
Z tt05oiUV4D"S
(: (trdt -ooleg W Conlu„br)
80100 rternalndor
deb No. "o
CITY OF MERIDIAN EFJDIAN%-�-, FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER 13 O
In the Matter of the Request for a Comprehensive Plan Map Amendment to Change the Future
Land Use Map Designation on 9.41 Acres of Land from High Density Residential to Industrial;
Rezone of 9.41 Acres of Land with an I -L Zoning District; Preliminary Plat Consisting of two (2)
Industrial Building Lots on 9.41 Acres of Land; AND a Development Agreement Modification to
Exclude the Subject Property from the Baltic Place Development Agreement (Instrument
#102090926), Located South of E. Franklin Road and west of E. Kalispell Street, by HD Fowler.
Case No(s). CPAM-13-001; RZ-13-007; PP -13-015 and MDA -13-013
For the City Council Hearing Date of. September 17, 2013 (Findings on October 1, 2013)
A. Findings of Fact
I. Hearing Facts (see attached Staff Report for the hearing date of September 17, 2013, incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of September 17, 2013, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of September 17,
2013, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of September 17, 2013, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified at
Title 11 Meridian City. Code, and all current zoning maps thereof. The City of Meridian has, by
ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of
Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
S. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CPAM-13-001; RZ-13-007; PP -13-015 & MDA -13-013
-1-
�1
6. That the City has granted an order of approval in accordance with this Decision, which shall be
signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the
Planning Division, the Public Works Department and any affected party requesting notice.
7. That this approval is subject to the Conditions of Approval in the attached Staff Report for the
hearing date of September 17, 2013, incorporated by reference. The conditions are concluded to
be reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
1. The applicant's request for a comprehensive plan map amendment, rezone, preliminary plat and
development agreement modification are hereby approved per the attached Staff Report for the
hearing date of September 17, 2013, attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Preliminary Plat Duration
Please take notice that approval of a preliminary plat, combined preliminary and final plat, or
short plat shall become null and void if the applicant fails to obtain the city engineer's signature
on the final plat within two (2) years of the approval of the preliminary plat or the combined
Preliminary and final plat or short plat (UDC 1 I -6B -7A).
In the event that the development of the preliminary plat is made in successive phases in an
orderly and reasonable manner, and conforms substantially to the approved preliminary plat,
such segments, if submitted within successive intervals of two (2) years, may be considered for
final approval without resubmission for preliminary plat approval (UDC I 1 -6B -7B).
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11 -6B -7.A, the Director may authorize a single extension of time to obtain the City
Engineer's signature on the final plat not to exceed two (2) years. Additional time extensions up
to two (2) years as determined and approved by the City Council may be granted. With all
extensions, the Director or City Council may require the preliminary plat, combined
preliminary and final plat or short plat to comply with the current provisions of Meridian City
Code Title 11. If the above timetable is not met and the applicant does not receive a time
extension, the property shall be required to go through the platting procedure again (UDC 11-
6B -7C).
Notice of Two (2) Year Development Agreement Duration
The development agreement shall be signed by the property owner and returned to the City
within two (2) years of the City Council granting annexation and/or rezone (UDC 11-513-313).
A modification to the development agreement may be initiated prior to signature of the
agreement by all parties and/or may be requested to extend the time allowed for the agreement
to be signed and returned to the City if filed prior to the end of the two (2) year approval period
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(s). CPAM-13-001; RZ-13-007; PP -13-015 & MDA -13-013
-2-
(UDC 11-513-3F).
E. Notice of Final Action and Right to Regulatory Takings Analysis
1 • The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development
application entitles the Owner to request a regulatory taking analysis. Such request must be in
writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the
final decision concerning the matter at issue. A request for a regulatory takings analysis will
toll the time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board may within twenty-eight (28) days after the date of this decision and order
seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
F. Attached: Staff Report for the hearing date of September 17, 2013
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASENO(S). CPAM-13-001; RZ-13-007; PP -13-015 & MDA -13-0I3
-3-
11�
By action of the City Council at its regular meeting held on the I Sfi day of __Q(_�_Q fZ_
2013.
COUNCIL PRESIDENT BRAD HOAGLUN
COUNCIL VICE PRESIDENT CHARLIE ROUNTREE
COUNCIL MEMBER DAVID ZAREMBA
COUNCIL MEMBER KEITH BIRD
MAYOR TAMMY de WEERD
(TIE BREAKER)
Weerd
Attest:
c,yo
1 l; �R
I
L'k61t/
aycee H an, City Clerk ST�h
VOTED
VOTED
VOTED
VOTED
r�
VOTED
Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney.
t Dated:_ x d- t- i ?)
4ipj ' ice
CITY OF MERIDIAN FINDINGS OF PACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CPAM-13-001; RZ-13-007; PP -13-015 & MDA -13-013
-4-
/1
STAFF REPORT
HEARING DATE:
TO:
FROM:
SUBJECT:
Exhibit A
September 17, 2013
Mayor and City Council
Bill Parsons, Associate City Planner
208-884-5533
( :�Ek
IDIANA--,
1D�
Bruce Freckleton, Development Services Manager
208-887-2211
Baltic Place Addition — CPAM-I3-001; RZ-13-007; PP -13-015 & MDA -13-013
L SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, HD Fowler, has applied for the following:
1) a comprehensive plan map amendment (CPAM) to change the land use designation on
approximately 9.4]acres of land from High Density Residential (HDR) to Industrial;
2) rezone (RZ) of 9.41 acres from the R-40 zoning district to the I -L zoning district;
3) preliminary plat (PP) approval consisting of two (2) industrial building lots on approxi y
9.41 acres of land in a proposed I -L zoning district and;
4) a development agreement modification to exclude the subject property from the recorded Baltic
Place devel
opment agreement and require a new DA for Baltic Place Addition Subdivision.
See Section VII,, VIII & IXfor more information.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed CPAM, RZ, PP and MDA applications with the
conditions of approval in Exhibit B based on the Findings of Fact and Conclusions of Law in Exhibit
C. The Meridian Planning and Zonin Commission heard these items on August 15 2013. At
the Public hearin the Commission voted to recommend approval of the sub'ect CPAM RZ
PP and MDA requests
a. SummaEY of Commission Public Hearing:
i. In favor: Becky McKay
ii. In opposition: None
iii. Commentin : None
iv. Written testi mon : Becky McKay
V. Staff presenting application: Bill Parsons
vi. Other staff commenting= on am) lication None
b. Key Issues of Discussion by Commission:
i. None
C. Ke Commission Chan e s1 -to- Staff Recommendation:
i. None
d. _Outstandin€ Issae(s) for City Council:
i. None
Baltic Place Addition CPAM-I3-001; RZ-13-007; PP -13-015 & MDA -13-013
PAGE I
n
Exhibit A
r� lrr�
I r I r I I I \ I {•
+ n u•+ 1 1' ► r{
I Mill II If'11 I' It rl 1I 1•I1
� ► r � r l i I {
� 1 I
►_• 1I Ell 17 TM r 1HU.-
=#-.
Ur r ' r I' I. ' i W,
I ;I r r r IMI r f.I -
M. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Numbers CPAM-
13-001; RZ-13-007; PP -13-015 & MDA -13-013 as presented for the hearing date of September 17,
2013, with the following modifications: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny File Numbers CPAM-13-
001; RZ-13-007; PP -13-015 & MDA-13-013(optional), as presented in the staff report for the hearing
date of September 17, 2013, for the following reasons: (You should state specific reasons for denial.)
Continuance
I move to continue File Numbers CPAM-13-001; RZ-13-007; PP -13-015 & MDA-13-013(optional)
to the hearing date of (insert continued hearing date here) for the following reason(s): (You should
state specific reason(s) for continuance.)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The subject property is located south of E. Franklin Road, west of E. Kalispell Street, in the NE r/4
of Section 18, Township 3 North, Range 1. East. (Parcel #SI 118120670)
B. Applicant:
HD Fowler
1100 W. Taylor Avenue, Suite #106
Meridian, Idaho 83642
C. Owner:
L.C. Development Inc.
F.O. Box 518
Meridian, ID 83642
D. Representative:
Becky McKay, Engineering Solutions
1029 N. Rosario Street, Suite #100
Meridian, Idaho 83642
E. Applicant's Statement/Justification: Please see applicant's narrative for this information.
Baltic Place Addition CPAM-13-001; RZ-13-007; PP -13-015 & MDA -13-013
PAGE 2
Exhibit A
"-*N V. PROCESS FACTS
A. The subject applications are for a comprehensive plan map amendment, rezone, preliminary plat
and development agreement modification. A public hearing is required before the Planning and
Zoning Commission and City Council on this matter, consistent with Meridian City Code Title
11, Chapter 5.
B. Newspaper notifications published on: July 29, and August 12, 2013 (Commission); August 26
and September 9, 2013 (Council)
C. Radius notices mailed to properties within 300 feet on: July 18, 2013 (Commission); August 22,
2013 (Council)
D. Applicant posted notice on site by: August 3, 2013 (Commission); September 6, 2013 (Council)
VI. LAND USE
A. Existing Land Use(s): This site is vacant property approved through a planned development for a
228 -unit multi -family development.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
North: Commercial property, zoned C -G
South: Cemetery property and commercial property, zoned RUT and C -G
East: Industrial property, zoned I -L
West: Cemetery, zoned RUT
C. History of Previous Actions: In 2001, the property was approved as a planned development (AZ -
01 -008
AZ-
01-008 and CUP -01-015) consisting of commercial uses and high density residential. A
development agreement was required with the annexation of the property and recorded as
instrument # 102090926.
o In 2006, similar applications (CPAM, RZ, PP, MDA & CUP) were submitted to develop a self-
service storage facility on the site but were withdrawn.
D. Utilities:
1. Location of sewer: The sanitary sewer main intended to provide service to this development
is existing in S. Baltic Avenue.
2. Location of water: Domestic water mains that are intended to provide service to this
development are existing to the north in S. Baltic Avenue and in E. Kalispell Street to the
southeast.
Issues or concerns: Domestic water services must be extended through this development
from both locations mentioned above. The development also falls on a domestic water
pressure zone boundary, and therefore will be required to install an additional connection to
the higher pressure zone in Franklin Road near the Northeast corner of the existing Baltic
Place development. This connection will keep the overall development in a higher pressure
zone, thereby providing higher levels of fire protection.
E. Physical Features:
1. Canals/Ditches Irrigation: The Hunter Lateral runs along the south boundary of the site and is
tiled.
2. Hazards: NA
/-*N
3. Flood Plain: This property is not within the flood plain.
Baltic Place Addition CPAM-13-001; RZ-13-007; PP -13-015 & MDA -13-013
PAGE 3
Exhibit A
VII. COMPREHENSIVE PLAN ANALYSIS
CITY OF MERIDIAN COMPREHENSIVE PLAN POLICIES AND GOALS;
Existing:
The Comprehensive Plan Future Land Use Map (FLUM) currently designates the property as High
Density Residential (HDR). The purpose of the HDR designation is to allow multi -family
development where urban services are available. Residential gross densities may exceed fifteen
dwelling units per acre. Development might include duplexes, apartments and townhomes.
Proposed:
The applicant proposes to change the FLUM designation from HDR to Industrial. The purpose of the
industrial designation is to provide a range of industrial uses that support industrial and commercial
activities and to develop areas with sufficient urban services. The Industrial designation on the FLUM
anticipates light industrial (I -L) or heavy industrial (1-11) zoning. These zoning designations allow for
various industrial uses.
The applicant is proposing to rezone to the I -L zone and plat the property concurrent with the
proposed map change to develop Lot 1, Block Iwith the new HD Fowler facility (contractor's yard).
The proposed development is consistent with the requested FLUM change and rezone to I -L.
In evaluating the surrounding land uses, a vast majority of them are either commercial or industrial.
Adjacent to the Locust Grove corridor, numerous properties are designated mixed use which
encourages a housing element. Over the last couple of years the City has seen a decline in the amount
of available industrial property and an incline in multi -family developments.
Since this property is in an area that is primarily developed with industrial uses and other properties in
the general vicinity are designated mixed use which encourages a housing component, staff finds the
industrial designation is a better fit for the area than high density residential.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to
the proposed use (staff analysis in italics):
1. "Require all commercial development and industrial businesses to install and maintain
landscaping." (2.07.03B)
A 10 foot wide landscape buffer is required adjacent to S. Baltic Avenue and E. Kalispell Street
ctrl -de -sacs in accord with UDC 11 -3B -7C.
2. "Permit new development only where urban services can be reasonably provided at the time of
final approval and development is contiguous to the City." (3.01.0117)
City services will be provided to the industrial lots with the construction of the subdivision.
3. "Encourage infill development in vacant/undeveloped areas within the City over fringe area
development to halt the outward progression of urban development.:" (5.01.02B)
The proposed development is an infill project consistent with this objective.
4. "Review new development for appropriate opportunities to connect local roads and collectors to
adjacent properties." (3.03.020)
Two local streets (S. Baltic Avenue and E. Kalispell Street) are stubbed to the property. The
applicant is proposing to terminate each stub street as cul-de-sacs. Lot 1, Block I will have
access to both roadways. The other lot will have access to*onr the E. Kalispell. Stafffrnds the
proposed access is consistent with the UDC. Further, the proposed development is located in an
area that has an established roadway network to serve the proposed industrial development.
5. "Designate land for a variety of uses." (3.05.01H)
Baltic Place Addition CPAM-13-001; RZ-13-007; PP -13-015 & MDA -13-013
PAGE 4
Exhibit A
The last several years the City has seen a decline in its industrial properties and nnllti family
developments have been on the incline making this a good candidate for industrial uses rather
than high density residential.
6. "Monitor and adjust accordingly, the amount of industrial areas needed to meet the employment
needs of the City." (3.05.01K)
Currently the City's industrial properties are situated along the rail corridor, 1-84 or are
undeveloped within the Ten Mile Specific Area Plan. This area can be serviced and is supported
by an established road network which makes it a viable location to attract industrial uses to meet
the employment needs of the community.
7. `Encourage industrial development to locate adjacent to existing industrial uses." (3.06.01 C)
A vast majority of the properties to the east are developed with industrial uses making this an
ideal location for more industrial development.
Based on the above analysis, staff is supportive of the proposed development as it is generally
consistent with the comprehensive plan.
STATE REQUIRED COMPREHENSIVE PLAN ANALYSIS
Idaho's counties and cities are required by law, Idaho Code 67-6508, to prepare, implement, review,
and update a comprehensive plan which outlines goals and policies for land use. Fourteen elements
which must be addressed in the plan are listed in the Code. It is the detailed ordinances that then spell
out how these policies are to be achieved.
The order in which the following policies are presented implies no order or priority.
a. Community Design
The purpose of this element is to ensure a pattern of planned growth resulting in orderly and
attractive developments within the City of Meridian. The intended use of this property is an
industrial development which will integrate well with existing commercial and industrial uses in
the area.
b. Population
The City of Meridian must ensure that population growth is accommodated in an orderly pattern.
Residential and commercial developments must be easily served by City infrastructure and public
services. City infrastructure can serve the proposed development.
c. Housing
The City of Meridian is charged with ensuring an adequate and attractive living environment
which meets the needs of City residents of different ages, family sizes, lifestyles, and income
levels. To accomplish this, the plan identifies areas appropriate for residential development and
areas not appropriate. A housing element is not a component of the subject CPAM.
d. Economic Development
Meridian's economic base has been gradually shifting over the last 20 years from a farming -based
economy to a retail, service, and manufacturing -based economy. During this time, local policy
with regard to the types of lands needed to support the economic and employment needs of the
community has also changed. The Comprehensive Plan forecasts the need to continually adjust
the provision of commercial lands in order to gradually broaden economic opportunity throughout
the City.
Baltic Place Addition CPAM-I3-001; RZ-13-007; PP -13-015 & MDA -13-013
PAGE 5
Exhibit A
The subject properly is currently identified as aPProPrialefor high density residential. Since the
properly is surrounded by developed commercial and industrial uses, staff is of the opinion the
property is better situated for industrial development rather than multi family. The graphic
provided below demonstrates that the City of Meridian has limited acreage of industrial property
in comparison to residential and commercial zoned properties (see Exhibil,4 3). Historically,
industrial zoned property has created opportunities for farnily wage jobs and has spurred
economic development.
e. Public Services, Facilities, and Utilities
City water and sewer service is available to the subject property.
f. School Facilities and Student Transportation
The purpose of this element is to direct new residential development to areas with adequate
school facilities and student transportation. Not applicable.
g. Transportation
The purpose of this element is to promote an efficient and safe transportation system within the
City. The properly is located in an area that has an established roadway network to adequately
serve the proposed industrial development.
h. Natural Resources
The purpose of this element is to promote conservation of areas of natural significance, where
appropriate. Staff is not aware of any natural resources that exist on this site that would be
impacted by the proposed development.
i. Special Areas
The subject amendment does not directly impact any lands designated for open space, natural
resources, or scenic areas, nor does the parcel contain any known significant or sensitive natural
resources.
j. Hazardous Areas
The purpose of this element is to ensure regulation of development in hazardous areas, such as
floodplains, unstable slopes, etc. Staff is unaware of any hazardous areas on this site.
k. Recreation
Recreation resources within Meridian include 18 developed City parks totaling approximately
240 acres. The City is in the process of developing new park facilities. The City also maintains
several pathways. This site is not formally designated for recreational purposes.
1. Land Use
The Comprehensive Plan Future Land Use Map is a graphic representation of applicable policies
and goals of Meridian's Comprehensive Plan. The Map has been prepared to identify suitable
areas for future residential, commercial, and industrial development. The Map is designed to be a
projection of growth patterns for the City. Therefore, the Map is to be used as a guide for
decisions regarding request for land use changes.
Staff is of the opinion the proposed industrial development is consistent with the proposed
industrial designation for this ,site.
m. Implementation
The Cityprovides the necessary staff andfacifities to administer and enforce the policies and
goals of the Comprehensive Plan. The City of Meridian Planning Division will administer the
Baltic Place Addition CPAM-13-001; RZ-13-007; PP -13-015 & MDA -13-013
PAGE 6
Exhibit A
Comprehensive Plan and its policies through the Unified Development Code. The Planning and
Zoning Commission is also authorized by the Council to review, approve and make
recommendations on proposals affecting the public's interest in land use. Tile City Council is the
ultimate decision making authority on most land use applications.
n. Property Rights
The purpose of this element is to ensure that the land use policies, restrictions, conditions, and
fees do not unconstitutionally violate private property rights, and establish a consistent review
process that enable the City to ensure that any proposed actions will not result in an
unconstitutional taking of private property without due process of law. Staff believes that the
requested Comprehensive Plan Land Use Map change would not unconstitutionally violate
private property rights. The current property owner has consented to the application submittal.
VIII. UNIFIED DEVELOPMENT CODE (UDC)
A. Purpose Statement of Zone: Per UDC 11 -2C -IA, the purpose of the I -L district is to provide for
convenient employment centers of light manufacturing, research and development, warehousing
and distributing. In accord with the Meridian comprehensive plan, the I -L district is intended to
encourage the development of industrial uses that are clean, quiet and free of hazardous or
objectionable elements and that are operated, entirely, or almost entirely, within enclosed
structures. Accessibility to transportation systems is a requirement of this district.
B. Schedule of Use: Unified Development Code (UDC) Table 11-2C-2 lists the principal permitted
(P), accessory (A), conditional (C), and prohibited (-) uses in the I -L zoning district. Any use not
explicitly listed, or listed as a prohibited use is prohibited.
C. Dimensional Standards: Development of the site should be consistent with the dimensional
standards listed in UDC Table 1 I -2C-3 for the I -L zoning district.
D. Landscaping: Street buffer landscaping shall be installed in accordance with the standards listed
in UDC Table I 1-2C-3 for the I -L zoning district.
E. Subdivision Design and Improvement Standards: The subdivision must comply with the
subdivision design standards outlined in UDC 11-6C-3.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
COMPREHENSIVE PLAN MAP AMENDMENT (CPAM): The applicant proposes to amend the
fixture land use map (FLUM) contained in the Comprehensive Plan to change the land use
designation on approximately 9.41 acres of land from High Density Residential (HDR) to
Industrial (see Exhibit A.2).
Please see the analysis included above in Section VII and the Findings in Exhibit B below for
more information.
REZONE AND DEVELOPMENT AGREEMENT MODIFICATION (RZ AND MDA): The applicant is
proposing to rezone 9.41 acres from the R-40 zoning district to the I -L zoning district to develop
Lot 1, Block 1 with the new HD Fowler facility (contractor's yard). The recorded development
agreement allows for the development of one (1) apartment lot and the planned development
allows the construction of 228 multi -family dwelling units. Since the multi -family use is no
longer planned for the site and many of the DA provisions affect the remaining vacant
commercial lots along the north boundary, staff is recommending that the property be excluded
from the recorded development agreement and subject to a new DA. Staffs recommended DA
provisions are provided in Exhibit B.
Baltic Place Addition CPAM-13-001; RZ-13-007; PP -13-015 & MDA -13-013
PAGE 7
Exhibit A
PRELIMINARY PLAT (PP): The proposed preliminary plat consists of two (2) building lots on
approximately 9.41 acres of land in a proposed I -L zoning district. Lot 1, Block 1 is five (5) acres
in size and Lot 2, Block consists of 3.93 acres. The proposed plat and future development is
required to comply with the dimensional standards of the I -L zoning district listed in UDC Table
1 I -2C-2. The submitted plat has the required 10 -foot wide landscape buffer easement and the
submitted landscape has the required plantings in accord with UDC 11 -3B -7C.
As mentioned earlier, the HD Fowler Company plans on developing Lot 1, Block I with a
contractor's yard. On the submitted landscape plan the applicant has provided a conceptual layout
that depicts an 8,000 square foot two-story office building, an 8,000 square foot warehouse
building and a secure storage yard. The storage yard is proposed to be screened with a CMU wall
and fencing. At this time, details of the screening materials have not been submitted. With the
submittal of the certificate of zoning compliance application, the applicant must provide details of
the screening materials to ensure the storage yard complies with the standards set forth in UDC
11-3A-14.
Building Elevations: In conjunction with the conceptual layout, the applicant has also provided a
photo that demonstrates the construction materials for the office building. The primary building
materials consists of metal siding and split face block (see Exhibit A.6). Because the photo only
shows the front elevation, staff is unable to determine the quality of development such as if
modulation exists in wall planes, floor plans and rooflines to articulate building mass and form; if
the quality of design and detail is present on all facades; if there are adequate details on all
elevations to provide articulation and avoid blank walls; if there will be a variety of materials and
color changes for variety and interest on all facades; etc. Ultimately, the final design of the site
and structures on the site must be consistent with the provisions of the UDC 11-3A-19 and the
Meridian Design Manual.
Access: Access to this property is provided by two (2) stub streets. S. Baltic Avenue is stubbed
along the north boundary and E. Kalispell Street is stubbed at the southwest corner of the
property, both streets will terminate in cul-de-sacs. The HD Fowler property (Lot 1, Block 1) will
have access to both cul-de-sacs and Lot 2, Block 1 will have frontage and access to E. Kalispell
Street. Since both lots have access to the adjacent local streets, staff is not recommending a cross
access agreement between the properties. ACHD has reviewed the submitted plan and supports
the terminus of the streets as cul-de-sacs. The proposed plat complies with the access to street
standards in accord with UDC 11-3A-3.
Sidewalk: Five-foot wide attached sidewalks are adjacent to the cul-de-sacs in accord with UDC
11-3A-17.
Waterways: The Hunter Lateral transverses the south side of Lot 2, Block 1. This lateral is
currently tiled in accord with the UDC.
Summary: In summary staff finds the proposed project complies with the future land use map,
applicable policies of the Comprehensive plan and is conditioned to comply with the applicable
development standards in the UDC. Based on the aforementioned analysis, staff recommends
approval of the subject application.
X. EXHIBITS
A. Drawings/Other
1. Vicinity Map
2. Existing & Proposed Future Land Use Map
3. Zoning Comparison in Acres
4. Legal Description & Exhibit Map of Rezone Area
Baltic Place Addition CPAM-13-001; RZ-13-007; PP -13-015 & MDA -13-013
PAGE 8
Exhibit A
4. Proposed Preliminary Plat (dated: 6/25/13)
S. Proposed Landscape Plan (dated: 6/27/13)
6. Building Photo
B. Conditions of Approval
C. Required Findings from Unified Development Code
Baltic Place Addition CPAM-13-001; RZ-13-007; PP -13-015 & MDA -13-413
PAGE 9
Exhibit A
Baltic Place Addition CI'AM-23-001_; RZ-13-007: PY-13-015 & MICA -13-.013
PAGE 10
Exhibit A
Exhibit A.2 Existing & Proposed Future Land Use Map
Date; 619n013 Existing Land Uses
Baltic Placa Addition GI'AN4-13-001; U -13-007;1'P-13-015 & MDA -13-013
PAGE I I
Exhibit A
Exhibit A.3: Zoning Comparison in Acres
Zoning Area by Groups
Employment
Residential Commercial
Baltic Place Addition GPAM-13-001; RZ-13-007; PP -13-015 & MDA -13-013
PAGH' 12
W
Exhibit A
Exhibit AA: Legal Description & Exhibit Map of Rezone Area
U=1 pe -
Baltic Piave Addition (Rezone and preliminary Piat)
A parcel located in the NW Y4 of the NE Y4 of Section 18, Towns* 3 Norlh, Range 1 East, Boles
Meridien, Ada Jaunty, Idaho, and more particularly described as fob;
Commencing at a Brass Cap monument marking the rrorthwast comer of the NE Y4 of sold Section 18,
from which a 0"" Cap monument marking the northeast corner of said SwIlon 1s bears N 89148109" E
a distance of 2654.20 bet;
Thence N 89.48'09" E aWg the northerly boundary of sold Section 16 a distance of 1327.17 feet to a 518
Inch diameter iron pin marking the northeast corner of sold NW Y of the NE 114;
Thence S 0"29'34" W along the easterly boundary and the prolonp*M thereof of Baftfc Place
Subdivision No. fat shown In Book 93 of Plate on page i 1188, records of Ada County, Idaho, & dIs arwe
of 293.11 feet to s 618 Inch diameter #a pin marking the southeast corner of said Relic Pboa
Subdivision No.1 and the POINT OF BEGINNING;
Thence 6 0.29130" W along the sesferfy boundary of sold NW % of the NE X a distance of 1038.99feat
to a 618 inch diameter Iron pin rnarking the southeast corner of Modimont Subdivision No. 2 as shown e
Book 79 of Plats on Page 9463, records of Ada County, tdafw; In
Thence leaving said easterly boundary N 5162516° W a distance of 132.68 teat to a point M ttts Hunter
Libra!;
Thence N 03°27'15' W a distance of 404.00 fast to a 618 Inch diameter tron pin;
Thence N 0'39'10" W a distance of 880.07 feet to a 618 Inch diamatar iron pin nwkbg the soul wMI
corner ofsald Baftic Place Sub"lon No, 1;
Thence along the sotrthOdy boundary of said Banjo pIMM SubdIMM No. 1 the following dason'bed
courses:
Thence N 89'2126" E a distance of 126.05 feet to a 618 Inch diameter ion pin;
Thence N 46.29'15" E a distance of 26.60 het to a 6M Inch diameter fron pin;
Thence N 0'29'15" E a distance of 67.99 rest to a 618 inch diameter iron pin;
Thenoe 6 89'30'46" E a distance of 64.00 feet to a 518 Inch diameter iron pin;
Thence N 0.29116" E a distance of 21.00 lest to a 518 tach derrratsr iron pin;
Thence S 89.30'45" E a distance of 279.98 feat to the POINT OF BEGIhIwWo,
This parcel oontakrs 9.41 acres and Is subject b any vaaaments
existing or in use, 0,6Nt LAp�
a
4 �
Clinton W. Hansen, PLS . AE yam, a .� $ o
Land SWu#ions, PC 11Y • 0 7°
Jur* 5, 2013
JUL t l lou ��,y� of
sABRJt)1AN COMMUNITY oAl W' H�
OEVC-LOPMENT DEPT.
+� tuiio>nS s.rrrc Rem�indar
�.wawgiy„nr4w,.N"y Job Na13.35
Baltic Place Addition CPAM-13-001; RZ-13-007; PP -13-015 & MDA -13-013
PAGE 13
n
Exhibit A
Baltic Place Addition CPAM-13-001; RZ-13-007; PP -13-015 & MDA -13-013
PAGE 14
z
Lu Ez
�o
rq
;LU
3�
a A-
C
c�
Exhibit A
Exhibit A.4: Proposed Preliminary Plat (dated: 6/25/13)
F
-. I� ien-Y.�a...Ya,a+w
.t�. _ .
e k BALTIC PLACE
-
ADDITION
m ! f PAEUMI ily PIAT
R �NCYK1[y,012gI N1y,..4, �{
•�tM{ 1Y mYR n9
ISR/QDNTACF, {� �MMEROPIEOO(xl
KM YSMnY p ,qµp ��.
DCII h W.0 il- YY. Ko _y ryy tc OhttW1EM YY.
.w Ile1 YY].�iy`
Baltic Place Addition CPAM-13-001; RZ-13-007; PP -13-015 & MDA -13-013
PAGE 15
Exhibit A
Exhibit A.5: Proposed Landscape Plan (dated: 6/27/13)
it
I BALTIC PLACE FN8INEERfNB ' "
ADDITION ! n4FnEooro
u►%umwrosc PE SABIIT/OlMB •�•• Y•,
..
v 1 R IOb . oma pA ! . IM oo rw*K. cowiw. oc CN[larut+e ec,
lona. x r N a lard M �x ew it •• ■..m..� sz w. ..� K .5.Mfi
' yitlur""e•° LwI'0' mr sn
"; `'•"'::»,a" w.. w° °.-.y.:."-:e,
PERM,
Baltic Place Addition CPAM-13-001; RZ-13-007; PP -13-015 & MDA -I3-013
PAGE I6
Exhibit A.6: Building Photo
Exhibit A
Baltic Placa Addition CPAM-13-001; RZ-13-007; PP -13-015 & MDA -13-013
PAGE 17
Exhibit A
/-111� 13. Agency & Department Comments
L PLANNING DEPARTMENT
1.1 A new Development Agreement (DA) is required as part of the project approval. Prior to the
ordinance approval, a new DA shall be entered into between the City of Meridian, the property
owner(s) and the developer at the time of ordinance adoption. The Applicant shall contact the
City Attorney's office to initiate this process. The DA shall be signed by the property owner and
developer and returned to the city within two (2) years of the City Council granting approval of
the project. The DA shall, at minimum, incorporate the following provisions:
a. Future development of the site shall generally comply with the preliminary plat and landscape
plan included in Exhibit A.
b. Future development of the site shall comply with the ordinances in effect at the time of
development.
C. Future development of the site shall be consistent with the design standards in UDC 11-3A-
19 and the guidelines in the Meridian Design Manual.
1.2 Site Specific Conditions of Approval
1.2.1 Prior to issuance of a building permit, the applicant shall obtain approval of a Certificate of
Zoning Compliance and Design Review application. The proposed development shall comply
with the design standards listed in UDC 11-3A-19 and the guidelines contained in the Meridian
Design Manual.
1.2.2 The applicant shall construct all proposed fencing and/or any fencing required by the UDC,
consistent with the standards as set forth in UDC 11-3A-7 and 11 -3A -6B.
1.2.3 Staff s failure to cite specific ordinance provisions does not relieve the applicant of responsibility
for compliance.
1.2.4 Comply with the outdoor storage as an accessory use standards as set forth in UDC 11-3A-14.
1.3 General Conditions of Approval
1.3.1 Comply with all bulk, use, and development standards of the I -L zoning district listed in UDC
Table 11-2C-3.
1.3.2 Comply with all provisions of 11-3A-3 with regard to access to streets
1.3.3 , Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set
forth in UDC 11-3A-6.
1.3.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A-
15, UDC 11-313-6 and MCC 9-1-28.
1.3,5 Comply with the sidewalk standards as set forth in UDC 11-3A-17.
1.3.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-313-5J.
1.3.7 Construct the required landscape buffers consistent with the standards as set forth in UDC 11 -3B -
7C.
I.3.8 Comply with all provisions of UDC l 1-3A-3 with regard to maintaining the clear vision triangle.
Baltic Place Addition CPAM-13-001; RZ-13-007, PP -13-015 & MDA -13-013
PAGE 18
Exhibit A
1.4 Ongoing Conditions of Approval
1.4.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets
the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth
in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14.
1.4.2 The project is subject to all current City of Meridian ordinances and previous conditions of
approval associated with this site.
1.4.3 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a
minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the
area.
1.4.4 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set
forth in UDC 11-3A-11.
1.4.5 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping
and constructed features within the clear vision triangle consistent with the standards in UDC 1I -
3A -3.
1.5 Progess Conditions of Approval
1.5.1 No signs are approved with this application. Prior to installing any signs on the pr operty, the
applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3
Article D and receive approval for such signs.
1.5.2 The applicant shall complete all improvements related to public life, safety, and health as set forth
in UDC 11 -5C -3B. A surety agreement may be accepted for other improvements in accord with
UDC 11 -5C -3C.
1.5.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary
plat as set forth in UDC 1 i -6B -3C2.
1.5.4 The applicant shall obtain approval for all successive phases of the preliminary plat within two
years of the signature of the City Engineer on the previous final plat as set forth in UDC I I -6B-
7B.
1.5.5 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the
City Engineer signature on a final plat within two years; or 2) gain approval of a time extension
as set forth in UDC I I -6B-7.
1.5.6 Upon installation of the landscaping and prior to inspection by Planning Division staff, the
applicant shall provide a written certificate of completion as set forth in UDC 11 -3B -14A.
2, PUBLIC WORKS DEPARTMENT
2.1 The sanitary sewer main intended to provide service to this development is existing in S. Baltic
Avenue. The applicant shall install mains to and through this subdivision; applicant shall
coordinate main size and routing with the Public Works Department, and execute standard forms
of easements for any mains that are required to provide service. Minimum cover over sewer
mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate
materials shall be used in conformance of City of Meridian Public Works Departments Standard
Specifications.
2.2 Domestic water mains that are intended to provide service to this development are existing to the
north in S. Baltic Avenue and in E. Kalispell Street to the southeast. The applicant shall be
responsible to install water mains to and through this development, coordinate main size and
routing with Public Works, and execute standard forms of easements for any mains that are
Baltic Place Addition CPAM-13-001; RZ-13-007; PP -13-015 & MDA -13-013
PAGE 19
Exhibit A
/'*N required to provide service. The development also falls on a domestic water pressure zone
boundary, and therefore will be required to install an additional connection to the higher pressure
zone in Franklin Road near the Northeast corner of the existing Baltic Place development P.
n -stall a pressure reds Gina vault (=) in KA1.[isnell Street if neceesary to am ide adequate fire
flow to of 2. Rlock 1. This connection will keep the overall development in a higher pressure
zone, thereby providing higher levels of fire protection.
2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of
way (include all water services and hydrants). The easement widths shall be 20 -feet wide for a
single utility, or 30 -feet wide for two. The easements shall not be dedicated via the plat, but
rather dedicated outside the plat process using the City of Meridian's standard forms. The
easement shall be graphically depicted on the plat for reference purposes. Submit an executed
easement (on the form available from Public Works), a legal description, which must include the
area of the easement (marked EXHIBIT A) and an 81/2" x I I" snap with bearings and distances
(marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a
Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this
document.
2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or
well water for the primary source. if a surface or well source is not available, a single -point
connection to the culinary water system shall be required. If a single -point connection is utilized,
the developer will be responsible for the payment of assessments for the common areas prior to
signature on the final plat by the City Engineer.
2.5 All existing structures that are required to be removed shall be prior to signature on the final plat
by the City Engineer.
2.6 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or
lying adjacent and contiguous to the area being subdivided shall be tiled per UDC I I -3A-6.
Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association
(ditch owners), with written approval or non -approval submitted to the Public Works Department.
If latera[ users association approval can't be obtained, alternate plans shall be reviewed and
approved by the Meridian City Engineer prior to final plat signature.
2.7 Any existing domestic well system within this project shall be removed from domestic service per
City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at
(208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic
purposes such as landscape irrigation if approved by Idaho Department of Water Resources
Contact Robert B. Whitney at (208)334-2190.
2.8 Any existing septic systems within this project shall be removed from service per City Ordinance
Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures and
inspections (208)375-5211.
2.9 Street signs are to be in place, water system shall be approved and activated, fencing installed,
drainage lots constructed, road base approved by the Ada County Highway District and the Final
Plat for this subdivision shall be recorded, prior to applying for building permits.
2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted
fencing, landscaping, amenities, etc., prior to signature on the final plat.
2.11 All development improvements, including but not limited to sanitary sewer and water, fencing,
micro -paths, pressurized irrigation and landscaping shall be installed and approved prior to
obtaining certificates of occupancy.
Baltic Place Addition CPAM-13-001; RZ-13-007; PP -13-015 & MDA -13-013
PAGE 20
Exhibit A
/IN 2.12
Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during
the plan review process, prior to the issuance of a plan
approval letter.
2.13
It shall be the responsibility of the applicant to ensure that all development features comply with
the Americans with Disabilities Act
and the Fair Housing Act.
2.14
Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps
of Engineers.
2.15
Developer shall coordinate mailbox locations with the Meridian Post Office.
2.16
All grading of the site shall be performed in conformance with MCC 11-12-3H.
2.17
Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfill, where footing would
sit atop fill material.
2.18
The engineer shall be required to certify that the street centerline elevations are set a minimum of
3 -feet above the highest established
peak groundwater elevation. This is to ensure that the bottom
elevation of the crawl spaces of homes is at least I -foot above.
2.19
The applicants design engineer shall be responsible for inspection of all irrigation and/or
drainage facility within this project that do not fall under the jurisdiction of an irrigation district
or ACRD. The design engineer shall
provide certification that the facilities have been installed in
accordance with the approved design plans. This certification will be required before
a certificate
of occupancy is issued for any structures within the project.
2.20
At the completion of the project, the applicant shall be responsible to submit record drawings
per the City of Meridian AutoCAD standards. These record drawings must be received and
approved prior to the issuance of a certification of occupancy for any structures within the
project.
2.21 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public
roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights
shall be installed at developer's expense. Final design shall be submitted as part of the
development plan set for approval, which must include the location of any existing street lights.
Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not
exceed that outlined in the Standards. The contractor's work and materials shall conform to the
ISPWC and the City of Meridian Supplemental Specifications to the ISPWC.
2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount
of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure
prior to final plat signature. This surety will be verified by a line item cost estimate provided by
the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash
deposit or bond. Please contact Land Development Service for more information at 887-2211.
2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of
20% of the total construction cost for all completed sewer, water and reuse infrastructure for
duration of two years. This surety will be verified by a line item cost estimate provided by the
owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash
deposit or bond. Please contact Land Development Service for more information at 887-2211.
3. POLICE DEPARTMENT
10'"*N 3.1 The Police Department has no concerns with the proposed development.
Baltic Place Addition CPAM-I3-001; RZ-13-047; PP -13-015 & MDA -13-013
PAGE 2l
Exhibit A
11_� 4. FIRE DEPARTMENT
4.1 The proposed project has no Fire Department concerns.
5. REPUBLIC SERVICES
5.1 Republic Services has no comments related to this application.
6. PARKS DEPARTMENT
6.1 The Parks Department has no comments related to this application.
7. ADA COUNTY HIGHWAY DISTRICT
7.1 Site Specific Conditions of Approval
7.1.1 Extend and terminate S. Baltic Avenue as a standard cul-de-sac street as a 36 -foot street section
with curb, gutter, 5 -foot attached sidewalk and with a minimum turning radips of 55 feet, as
proposed.
7.1.2 Construct a standard cul-de-sac on S. Baltic Avenue with a minimum turning radius of 55 feet
(measured center to back
of curb).
7.1.3
Construct E. Kalispell Street as a standard cul-de-sac street as a 36 -foot street section with curb,
gutter and 5 -foot attached sidewalk and with a minimum turning radius of 55 feet, as proposed.
7.1.4
Construct a 26 -foot wide driveway onto the cul-de-sac of S. Baltic Avenue, approximately 400
feet south of E. Franklin Road, as proposed.
7.1.5
Pave the proposed driveway onto S. Baltic Avenue its full width and at least 30 feet into the site
beyond the edge of pavement of the roadway.
7.1.6
Construct a 30 foot wide paved drive aisle through the property, providing access between E.
Kalispell Street and S. Baltic Avenue,
as proposed.
7.1.7
Install gates a minimum of 50 -feet away from right-of-way lines from S. Baltic Avenue and E.
Kalispell Street, on drive aisle.
7.1.8
Payment of impacts fees are due prior to issuance of a building permit.
7.1.9
Comply with all Standard Conditions of Approval.
7.2
Standard Conditions of Approval
7.2.1
Any existing irrigation facilities shall be relocated outside of the ACHD right-of-way.
7.2.2
Private sewer or water systems are prohibited from being located within the ACRD right-
of-way.
7.2.3
In accordance with District policy, 7203.3, the applicant may be required to update
any
existing non-compliant pedestrian improvements abutting the site to meet current
Americans with Disabilities Act (ADA) requirements. The
Applicant's en ineer should
provide documentation of ADA compliance to Distri t Develomens Review staff for
review.
7.2.4
Replace any existing damaged curb, gutter and sidewalk and any that may be damaged
during the construction of the proposed development.
Contact Construction Services at
387-6280 (with file number) for details.
7.2.5
A license agreement and compliance with the District's Tree Planter policy is required for
all landscaping proposed within ACRD
right-of-way or easement areas.
Baltic Place Addition CPAM-13-001; R7-13-007; PP -13-015 & MDA -13-013
PAGE 22
Exhibit A
7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall
be borne by the developer.
7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of-way.
The applicant at no cost to ACRD shall repair existing utilities damaged by the applicant.
The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full
business days prior to breaking ground within ACRD right-of-way. The applicant shall
contact ACRD Traffic Operations 387-6190 in the event any ACHD conduits (spare or
filled) are compromised during any phase of construction.
7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in
writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file
numbers) for details.
7.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC
Standards and approved supplements, Construction Services procedures and all applicable
ACHD Standards unless specifically waived herein. An engineer registered in the State of
Idalio shall prepare and certify all improvement plans.
7.2.10 Construction, use and property development shall be in conformance with all applicable
requirements of ACHD prior to District approval for occupancy.
7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in
writing and signed by the applicant or the applicant's authorized representative and an
authorized representative of ACRD. The burden shall be upon the applicant to obtain
written confirmation of any change from ACHD.
7.12 If the site plan or use should change in the future, ACRD Planning Review will review the site
plan and may require additional improvements to the transportation system at that time. Any
change in the planned use of the property which is the subject of this application, shall require the
applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time
unless a waiver/variance of the requirements or other legal relief is granted by the ACED
Commission.
Baltic Place Addition CPAM-13-001; RZ-13-007; PP -13-015 & MDA -13-013
PAGE 23
/'1
Exhibit A
C. Required Findings from Unified Development Code
1. COMPREHENSIVE PLAN AMENDMENT FINDINGS:
Upon recommendation from the Commission, the Council shall make a full investigation and
shall, at the public hearing, review the application. In order to grant an amendment to the
Comprehensive Plan, the Council shall make the following findings:
a. The proposed amendment is consistent with the other elements of the Comprehensive
Plan.
The Council finds that the proposed changes to the Future Land Use Map are consistent with
elements of the Comprehensive Plan as detailed in Section VII above.
b. The proposed amendment provides an improved guide to future growth and
development of the city.
The Council finds that the proposal to modify the Future Land Use Map to allow for
industrial uses on this site will be compatible with existing and future commercial and
industrial uses.
c. The proposed amendment is internally consistent with the Goals, Objectives and
Policies of the Comprehensive Plan.
The Council finds that the proposed amendment is internally consistent with the Goals,
Objectives, and Policies of the Comprehensive Plan (see Section VII for detailed analysis).
d. The proposed amendment is consistent with the Unified Development Code.
The Council finds that the proposed amendment is consistent with the Unified Development
Code.
e. The amendment will be compatible with existing and planned surrounding land uses.
The Council finds the proposed amendment will be compatible with the surrounding existing
and future single -commercial and industrial uses.
E The proposed amendment will not burden existing and planned service capabilities.
The Council finds that the proposed amendment would not burden existing and planned
service capabilities in this area of the city. Sewer and water services are available to be
extended to this site.
g. The proposed map amendment (as applicable) provides a logical juxtaposition of uses
that allows sufficient area to mitigate any anticipated impact associated with the
development of the area.
The Council finds the proposed industrial development of this property is consistent with the
proposed map amendment, will not significantly impact development in this area and
provides a logical juxtaposition of uses.
h. The proposed amendment is in the best interest of the City of Meridian.
For the reasons stated in Sections VII and VIII and the subject findings above, the Council
finds that the proposed amendment is in the best interest of the City.
2. REZONE FINDINGS:
Upon recommendation from the Commission, the Council shall make a full investigation and
shall, at the public hearing, review the application. In order to grant annexation and zoning, the
Baltic Place Addition CPAM-13-001; RZ-13-007; PP -13-015 & MDA -13-013
PAGE 24
/0"\
Exhibit A
Council shall make the following findings:
a. The map amendment complies with the applicable provisions of the Comprehensive
Plan;
The applicant is proposing to rezone the subject property with an I -L zoning district
consistent with the proposed industrial land use designation for this site. Therefore, the
Council finds the amendment is consistent with the applicable provisions of the
Comprehensive Plan (see section VII above).
b. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
The Council finds that the proposed map amendment to the I -L zoning district and proposed
industrial development is generally consistent with the purpose statement of the district
consistent with the Comprehensive Plan.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
The Council finds that the proposed zoning amendment will not be detrimental to the public
health, safety, or welfare. City utilities will be extended at the expense of the applicant. The
Commission recommends the Council consider any oral or written testimony that may be
provided when determining this finding.
d. The map amendment shall not result in an adverse impact upon the delivery of services
by any political subdivision providing public services within the City including, but not
limited to, school districts; and
The Council finds that the proposed zoning amendment will not result in any adverse impact
upon the delivery of services by any political subdivision providing services to this site.
e. The annexation (as applicable) is in the best of interest of the City (UDC 11-511-3.E).
Not applicable.
3. PRELIMINARY PLAT FINDINGS:
In consideration of a preliminary plat, combined preliminary and final plat, or short
plat, the decision -malting body shall make the following findings:
a. The plat is in conformance with the Comprehensive Plan;
The Council finds that the proposed plat is in substantial compliance with the adopted
and proposed Comprehensive Plan in regard to land use, transportation, and circulation.
Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report fw-
more information.
b. Public services are available or can be made available and are adequate to
accommodate the proposed development;
The Council finds that public services will be provided to the subject property upon
development. (See Exhibit B of the Staff Report for more details from public service
providers.)
c. The plat is in conformance with scheduled public improvements in accord with the
City's capital improvement program;
Baltic Place Addition CPAM-13-4101; RG -13-007; PP -13-015 & MDA -13-013
PAGE 24
Exhibit A
Because City water and sewer and any other utilities will be provided by the development
at their own cost, the Council finds that the subdivision will not require the expenditure
of capital improvement funds.
d. There is public financial capability of supporting services for the proposed
development;
The Council consider all comments from the public service providers (i.e., Police, Fire,
ACRD, etc.) to determine this finding. (See Exhibit B for more detail.)
e. The development will not be detrimental to the public health, safety or general
welfare; and
The Council is not aware of any health, safety, or environmental problems associated
with the platting of this property. ACHD considers road safety issues in their analysis.
The Council considered aII public testimony presented to determine whether or not the
proposed subdivision may cause health, safety or environmental problems.
Baltic Place Addition CPAM-13-001; RZ-13-007; PP -13-015 & MDA -13-013
PAGE 25
/-ON
Exhibit C: Preliminary Plat (dated: 6/25/13) and Landscape Plan (dated: 6/27/13)
t*N
f� I
4 I � � �• - -" ------ter -; `. ;- � � � W �: I t
I 9 _
wn. 1
I i
YI I i I
1'
rl
i.l
4
- e
Ixyl ops
i 34
a YR 1C
liar, 14alp gig
a�s$■ EE S"
1!Y
I.
-
\
7 —
3.:
BALTIC PLACE i EAfQlAfEERlRG MANNERICAYfAf�T ao�R 9WNER OFRECORD
_ $ ADDITION I ,
VRELN9ftMiY PLAT SOIl/TIONSw °:CW ":"
F aX°c n ku:. [ao .+.. ai„�taw Ysl zxat - .'� •+I:m y -n., ••,• "� Na-a+a _
110\
QO
I
BALTIC
AD�PLACE �NG/N�fE}F/IjIIN(�G "" + nr gmr+cr OWNEROFIECOR
L61 i%li'� sG��/l'YN�1Y/ Yf[![i WJut lry�fVPtA! <WPM 1C 0 M 'Lfirf f1C.
J � PRELIA:IM/liN=1
3 ❑ % _ w_.o.. o wu li.�� o rel.:
'� arnn u.wx., uo r,.. I,WK!►'�nr° pq+n<!r +l.c.•-.._n ...._.. •wrlxrrN es'mq na+w t -W cr
Meridian City Council Meeting
DATE: November 19, 2013 ITEM NUMBER: 6P
PROJECT NUMBER:
ITEM TITLE: AWARD OF BID
Award of Bid and Agreement for "Bulk Ferric Chloride" to Weschem, Inc. in the Not -To -
Exceed Amount of $76,000.00
MEETING NOTES
� N
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E4WLED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
AGREEMENT
FOR
SUPPLIES / EQUIPMENT PROCURMENT
THIS REE4 NT FOR EQUIPMENT / SUPPLIES PROCUREMENT is made this
Of °" , 2013, and entered into by and between the City of Meridian, a
municipal corporation organized under the laws of the State of Idaho, hereinafter referred
to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and Weschem, Inc,
hereinafter referred to as "SUPPLIER", whose business address is P O Box 4072 Boise
I D 83711.
INTRODUCTION
Whereas, the City has a need for services involving the procurement of
BULK FERRIC CHLORIDE; and
WHEREAS, the Supplier is specially trained, experienced and competent
to perform and has agreed to provide such services;
NOW, THEREFORE, in consideration of the mutual promises, covenants,
terms and conditions hereinafter contained, the parties agree as follows:
TERMS AND CONDITIONS
1. Equipment / Supply Specifications & Requirements:
1.1 SUPPLIER shall supply the equipment and/or supplies to the City upon
execution of this Agreement and receipt of the City's written notice to proceed, all
items, and comply in all respects, as specified in the document titled "Supply
Specifications & Requirements" a copy of which is attached hereto as Attachment
"A" and incorporated herein by this reference, together with any amendments that
may be agreed to in writing by the parties.
1.2 The Supplier shall provide services and work under this Agreement
consistent with the requirements and standards established by applicable federal,
state and city laws, ordinances, regulations and resolutions. The Supplier
represents and warrants that it will perform its work in accordance with generally
accepted industry standards and practices for the profession or professions that
are used in performance of this Agreement and that are in effect at the time of
performance of this Agreement. Except for that representation and any
representations made or contained in any proposal submitted by the Supplier and
any reports or opinions prepared or issued as part of the work performed by the
BULK FERRIC CHLORIDE page 1 of 12
Supplier under this Agreement, Supplier makes no other warranties, either express
or implied, as part of this Agreement.
2. Consideration
2.1 The Supplier shall be compensated on a per pound basis (Not -To -Exceed
$76,000.00) as provided in Attachment B "Payment Schedule"
attached hereto and by reference made a part hereof.
2.2 The Supplier shall provide the City with a detailed monthly statement
detailing all deliveries for the month, which the City will pay within 30 days of
receipt of a correct invoice and approval by the City. The City will not withhold any
Federal or State income taxes or Social Security Tax from any payment made by
City to Supplier under the terms and conditions of this Agreement. Payment of all
taxes and other assessments on such sums is the sole responsibility of Supplier.
2.3 Except as expressly provided in this Agreement, Supplier shall not be entitled
to receive from the City any additional consideration, compensation, salary, wages,
or other type of remuneration for services rendered under this Agreement.,
including, but not limited to, meals, lodging, transportation, drawings, renderings or
mockups. Specifically, Supplier shall not be entitled by virtue of this Agreement to
consideration in the form of overtime, health insurance benefits, retirement
benefits, paid holidays or other paid leaves of absence of any type or kind
whatsoever.
3. Term:
3.1 This agreement shall become effective upon execution by both parties, and
shall expire upon (a) completion of the agreed upon work, (b) September 30, 2014
or (c) unless sooner terminated as provided below or unless some other method or
time of termination is listed in Attachment A.
3.2 The City reserves the right to extend the Agreement based on the terms and
conditions of the Invitation for Bid Document and Specifications for up to three (3)
one year terms from the date of expiration, provided such extension is mutually
agreeable to both the City and the Supplier.
3.3 Should Supplier default in the performance of this Agreement or materially
breach any of its provisions, City, at City's option, may terminate this Agreement by
giving written notification to Supplier.
3.4 Should City fail to pay Supplier all or any part of the compensation set forth in
Attachment B of this Agreement on the date due, Supplier, at the Supplier's option,
may terminate this Agreement if the failure is not remedied by the City within thirty
(30) days from the date payment is due.
BULK FERRIC CHLORIDE page 2 of 12
WNW
n
3.5 This Agreement shall terminate automatically on the occurrence of any of the
following events: a) Bankruptcy of insolvency of either party; b) Sale of Supplier's
business; or c) Death of Supplier
4. Termination:
4.1 If, through any cause, SUPPLIER, its officers, employees, or agents fails to
fulfill in a timely and proper manner its obligations under this Agreement, violates
any of the covenants, agreements, or stipulations of this Agreement, falsifies any
record or document required to be prepared under this agreement, engages in
fraud, dishonesty, or any other act of misconduct in the performance of this
contract, or if the City Council determines that termination of this Agreement is in
the best interest of CITY, the CITY shall thereupon have the right to terminate this
Agreement by giving written notice to SUPPLIER of such termination and
specifying the effective date thereof at least fifteen (15) days before the effective
date of such termination. SUPPLIER may terminate this agreement at anytime by
giving at least sixty (60) days notice to CITY.
4.2 In the event of any termination of this Agreement, all finished or unfinished
documents, data, and reports prepared by SUPPLIER under this Agreement shall,
at the option of the CITY, become its property, and SUPPLIER shall be entitled to
receive just and equitable compensation for any work satisfactorily complete
hereunder.
4.3 Notwithstanding the above, SUPPLIER shall not be relieved of liability to the
CITY for damages sustained by the CITY by virtue of any breach of this Agreement
by SUPPLIER, and the CITY may withhold any payments to SUPPLIER for the
purposes of set-off until such time as the exact amount of damages due the CITY
from SUPPLIER is determined. This provision shall survive the termination of this
agreement and shall not relieve SUPPLIER of its liability to the CITY for damages.
5. Independent Supplier:
5.1 In all matters pertaining to this agreement, SUPPLIER shall be acting as an
independent supplier, and neither SUPPLIER nor, any officer, employee or agent of
SUPPLIER will be deemed an employee of CITY. Except as expressly provided in
Attachment A, Supplier has no authority or responsibility to exercise any rights or
power vested in the City and therefore has no authority to bind or incur any
obligation on behalf of the City. The selection and designation of the personnel of
the CITY in the performance of this agreement shall be made by the CITY.
5.2 Supplier, its agents, officers, and employees are and at all times during the
term of this Agreement shall represent and conduct themselves as independent
suppliers and not as employees of the City.
BULK FERRIC CHLORIDE page 3 of 12
5.3 Supplier shall determine the method, details and means of performing the
work and services to be provided by Supplier under this Agreement. Supplier shall
be responsible to City only for the requirements and results specified in this
Agreement and, except as expressly provided in this Agreement, shall not be
subjected to City's control with respect to the physical action or activities of
Supplier in fulfillment of this Agreement. If in the performance of this Agreement
any third persons are employed by Supplier, such persons shall be entirely and
exclusively under the direction and supervision and control of the Supplier.
6. Indemnification and Insurance:
6.1 SUPPLIER shall indemnify and save and hold harmless CITY from and for
any and all losses, claims, actions, judgments for damages, or injury to persons or
property and losses and expenses and other costs including litigation costs and
attorney's fees, arising out of, resulting from, or in connection with the performance
of this Agreement by the SUPPLIER, its servants, agents, officers, employees,
guests, and business invitees, and not caused by or arising out of the tortuous
conduct of CITY or its employees. SUPPLIER shall maintain, and specifically
agrees that it will maintain, throughout the term of this Agreement, liability
insurance, in which the CITY shall be named an additional insured in the minimum
amounts as follow: General Liability One Million Dollars ($1,000,000) per incident
or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per
incident or occurrence and Workers' Compensation Insurance, in the statutory
limits as required by law.. The limits of insurance shall not be deemed a limitation
of the covenants to indemnify and save and hold harmless CITY; and if CITY
becomes liable for an amount in excess of the insurance limits, herein provided,
SUPPLIER covenants and agrees to indemnify and save and hold harmless CITY
from and for all such losses, claims, actions, or judgments for damages or injury to
persons or property and other costs, including litigation costs and attorneys' fees,
arising out of, resulting from , or in connection with the performance of this
Agreement by the Supplier or Supplier's officers, employs, agents, representatives
or subcontractors and resulting in or attributable to personal injury, death, or
damage or destruction to tangible or intangible property, including use of.
SUPPLIER shall provide;CITY with a Certificate of Insurance, or other proof of
insurance evidencing SUPPLIER'S compliance with the requirements of this
paragraph and file such proof of insurance with the CITY at least ten (10) days
prior to the date Supplier begins performance of it's obligations under this
Agreement. In the event the insurance minimums are changed, SUPPLIER shall
immediately submit proof of compliance with the changed limits. Evidence of all
insurance shall be submitted to the City Purchasing Agent with a copy to Meridian
City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642.
6.2 Any deductibles, self-insured retention, or named insureds must
be declared in writing and approved by the City. At the option of the City, either:
the insurer shall reduce or eliminate such deductibles, self-insured retentions or
named insureds; or the Supplier shall provide a bond, cash or letter of credit
BULK FERRIC CHLORIDE page 4 of 12
guaranteeing payment of losses and related investigations, claim administration
and defense expenses.
6.3 To the extent of the indemnity in this contract, Supplier's
Insurance coverage shall be primary insurance regarding the City's elected officers,
officials, employees and volunteers. Any insurance or self-insurance maintained
by the City or the City's elected officers, officials, employees and volunteers shall
be excess of the Supplier's insurance and shall not contribute with Supplier's
insurance except as to the extent of City's negligence.
6.4 The Supplier's insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of the
insurer's liability.
6.5 All insurance coverages for subcontractors shall be subject to all of the
insurance and indemnity requirements stated herein.
6.6 The limits of insurance described herein shall not limit the liability of the
Supplier and Supplier's agents, representatives, employees or subcontractors.
7. Notices: Any and all notices required to be given by either of the parties hereto,
unless otherwise stated in this agreement, shall be in writing and be deemed
communicated when mailed in the United States mail, certified, return receipt
requested, addressed as follows:
CITY
CONTRACTOR
City of Meridian
WESCHEM, INC
Purchasing Manager
Attn: Mark Plafcan
33 E Broadway Ave
P O Box 4072
Meridian, ID 83642
Boise, ID 83711
208-888-4433
Phone: 208-860-7315
Email: mark@weschem.com
Either party may change their address for the purpose of this paragraph by giving
written notice of such change to the other in the manner herein provided.
8. Attorney Fees: Should any litigation be commenced between the parties hereto
concerning this Agreement, the prevailing party shall be entitled, in addition to
any other relief as may be granted, to court costs and reasonable attorneys' fees
as determined by a Court of competent jurisdiction. This provision shall be
deemed to be a separate contract between the parties and shall survive any
default, termination or forfeiture of this Agreement.
9. Time is of the Essence: The parties hereto acknowledge and agree that time is
strictly of the essence with respect to each and every term, condition and
provision hereof, and that the failure to timely perform any of the obligations
BULK FERRIC CHLORIDE page 5 of 12
W
hereunder shall constitute a breach of, and a default under, this Agreement by
the party so failing to perform.
10. Assignment: It is expressly agreed and understood by the parties hereto, that
SUPPLIER shall not have the right to assign, transfer, hypothecate or sell any of
its rights under this Agreement except upon the prior express written consent of
CITY.
11. Discrimination Prohibited: In performing the Work required herein, SUPPLIER
shall not unlawfully discriminate in violation of any federal, state or local law, rule
or regulation against any person on the basis of race, color, religion, sex, national
origin or ancestry, age or disability.
12. Reports and Information:
12.1 At such times and in such forms as the CITY may require, there shall be
furnished to the CITY such statements, records, reports, data and information as
the CITY may request pertaining to matters covered by this Agreement.
12.2 Supplier shall maintain all writings, documents and records prepared or
compiled in connection with the performance of this Agreement for a minimum of
four (4) years from the termination or completion of this or Agreement. This
includes any handwriting, typewriting, printing, photo static, photographic and every
other means of recording upon any tangible thing, any form of communication or
representation including letters, words, pictures, sounds or- symbols or any
combination thereof.
13. Audits and Inspections: At any time during normal business hours and as often
as the CITY may deem necessary, there shall be made available to the CITY for
examination all of SUPPLIER'S records with respect to all matters covered by
this Agreement. SUPPLIER shall permit the CITY to audit, examine, and make
excerpts or transcripts from such records, and to make audits of all contracts,
invoices, materials, payrolls, records of personnel, conditions of employment and
other data relating to all matters covered by this Agreement.
14. Publication, Reproduction and Use of Material: No material produced in
whole or in part under this Agreement shall be subject to copyright in the United
States or in any other country. The CITY shall have unrestricted authority to
publish, disclose and otherwise use, in whole or in part, any reports, data or other
materials prepared under this Agreement.
15. Compliance with Laws: In performing the scope of work required hereunder,
SUPPLIER shall comply with all applicable laws, ordinances, and codes of
Federal, State, and local governments.
BULK FERRIC CHLORIDE page 6 of 12
1100�
16. Quantities: The quantity listed in Exhibit A are estimates only, based upon
current known requirements, and not a guarantee to purchase and are subject
to increase or decrease within the contract period. Any increase or decrease will
be governed by the same terms and conditions of this Agreement.
17. Construction and Severability: If any part of this Agreement is held to be invalid
or unenforceable, such holding will not affect the validity or enforceability of any
other part of this Agreement so long as the remainder of the Agreement is
reasonably capable of completion.
18. Waiver of Default: Waiver of default by either party to this Agreement shall not
be deemed to be waiver of any subsequent default. Waiver or breach of any
provision of this Agreement shall not be deemed to be a waiver of any other or
subsequent breach, and shall not be construed to be a modification of the terms
of this Agreement unless this Agreement is modified as provided above.
19. Advice of Attorney: Each party warrants and represents that in executing this
Agreement. It has received independent legal advice from its attorney's or the
opportunity to seek such advice.
20. Entire Agreement: This Agreement contains the entire agreement of the parties
and supersedes any and all other agreements or understandings, oral of written,
whether previous to the execution hereof or contemporaneous herewith.
21. Order of Precedence: The order or precedence shall be this contract agreement,
the Invitation for Bid document, and successful bid document.
22. Applicable Law: This Agreement shall be governed by and construed and
enforced in accordance with the laws of the State of Idaho, and the ordinances
of the City of Meridian.
23. Public Records: Pursuant to Idaho Code Section 9-335, et seq., information or
documents received from the Supplier may be open to public inspection and
copying unless exempt from disclosure. The Supplier shall clearly designate
individual documents as "exempt" on each page of such documents and shall
indicate the basis for such exemption. The City will not accept the marking of an
entire document as exempt. In addition, the City will not accept a legend or
statement on one (1) page that all, or substantially all, of the document is exempt
from disclosure. The Supplier shall indemnify and defend the City against all
liability, claims, damages, losses, expenses, actions, attorney fees and suits
whatsoever for honoring such a designation or for the Supplier's failure to
designate individual documents as exempt. The Supplier's failure to designate as
exempt any document or portion of a document that is released by the City shall
constitute a complete waiver of any and all claims for damages caused by any
such release.
BULK FERRIC CHLORIDE page 7 of 12
11�
11�
24. Approval Required: This Agreement shall not become effective or binding until
approved by the City of Meridian.
CITY OF MERIDIAN
BY:
TAMMY de WOW, MAYOR
Dated: 11-19-13
Approved by Council:
I r --- ..
E nOLMAN, CITY CLERK
WESCHEM, INC
BY:
MARK PLAFCAN, Vice President
Dated: ClAi y / -
In13
SE L, wl
Purchasing ppro al ' De
BY: BY:
KEIT ATTS, Purchasi g anager
rate6:: C`(
Dated::_ /f N/ _
BULK FERRIC CHLORIDE
page 8 of 12
G #RAN1�� ri ntttf"
/D - /(e, /3
11�
Attachment A
Supply Specifications & Requirements
REFER TO INVITATION TO BID PW -13-0659e ALL ADDENDUMS,
ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package
# WW -13-10427, are by this reference made a part hereof.
38% ferric chloride solution to be used for odor control and to control the formation of struvite.
The vendor awarded the Contract is referred to herein as the Successful Bidder.
The ferric chloride solution furnished shall meet the specified terms and conditions herein:
1. The ferric chloride solution shall meet the following requirements:
Property
Range
Fe (III)
13.1-14.5%
FeC13 (AW WA Equivalent)
37-42%
FeCl2 weight percent
0.5%
Fe (II)
< 0.25%
Free HCI
< 0.25%
Sulfur as Sulfate
3-5%
Water -Insoluble Matter
<0.1%
Specific Gravity
1.3 —1.5, 1.4 Avg.
Barium
< 1 mg/kg
Cadmium
< 1 mg/kg
Chromium
< 50 mg/kg
Copper
< 50 mg/kg
Lead
< 5 mg/kg
Nickel
< 40 mg/kg
Silver
< 1 mg/kg
Zinc
< 100 mg/kg
Magnesium
< 100 mg/kg
Molybdenum
< 2 mg/kg
Titanium
< 50 mg/kg
Antimony
< 10 mg/kg
Selenium
< 10 mg/kg
Mercury
< 10 mg/kg
Biological Contamination
None
2. The ferric chloride product shall conform to the American Water Works Association
(AWWA) standard for Liquid Ferric Chloride, B407-05 except as supplemented in this
specification. Failure to meet any aspect of this specification may result in refusal of
individual deliveries and/or termination of Ferric Chloride purchase, independently,
from the resultant contract.
BULK FERRIC CHLORIDE page 9 of 12
11�
3. Performance Requirements:
i. Ferric Chloride shall not crystallize in storage
ii. The Ferric Chloride product shall not cause any adverse effect on the
condition of the filter media or chemical delivery systems that will
adversely affect performance
iii. The Ferric Chloride product shall be resistant to and free from
biological contamination
4. The ferric chloride shall be an orange -brown, acidic, corrosive aqueous solution.
5. Testing and verification methods shall be according to the current FerricChloride
(AWWA) standard.
The successful bidder shall demonstrate compliance with the performance requirements
herein.
Ferric chloride shall be delivered by the successful bidder to the City of Meridian
Wastewater Treatment Facility:
3401 N. Ten Mile Road, Meridian, Idaho 83646
All shipping and delivery charges shall be paid by the Successful Bidder and shall
be included in the bid price.
The successful bidder shall submit a certificate of analysis (COA), with these
specifications, with the bid and with each delivery of ferric chloride.
The Certificate of Analysis (COA) shall contain:
• Weight percent FeC13
• Specific Gravity
• Percent weight of FeC12
• Percent total iron
• Free Acid as HCI
• Metals content (provide quarterly analysis testing)
8. Deliveries shall be made within 7-10 days of the City's order and shall be made between
8:30 am and 3:30 pm, Monday — Friday, excluding holidays.
9. The bid shall be based on 5,000 gallon shipments. The expected yearly usage is as
follows:
• 45,000 gallons
• 511,000 lbs. based on 11.2 lbs. ferric per gallon
The amounts are estimated and may increase or decrease over the term of the
Contract.
10. The prices in the successful bidder's bid shall not change for the term of the Contract.
BULK FERRIC CHLORIDE page 10 of 12
/'1
11. The City reserves the right to discontinue the use of ferric chloride (and associated ferric
chloride purchase) and to employ alternate methods of odor and struvite control at any
time during the term of the resulting contract.
12. By submitting this bid for a one year supply of ferric chloride solution, the manufacturer
acknowledges that it is able to supply this product, at the same performance quality
and manufacturing specifications, at the volume necessary to fulfill the terms/length of
the annual contract. The City reserves the right to conduct lab analysis on each load
delivered to verify the Certificate of Analysis.
13. The Successful bidder must supply the City with a twenty-four (24) hour emergency
phone number in the event of a chemical incident. The Successful bidder must
provide on-site facility assistance if requested and technical support within one (1)
hour of notification by the City, if required.
14. If the chemical delivered does not meet specifications and as a result, causes
deterioration to City of Meridian owned equipment, the Successful Bidder will be
responsible for replacement of said equipment and the labor costs involved with any
repairs.
BULK FERRIC CHLORIDE page 11 of 12
n.
Attachment B
PAYMENT SCHEDULE
DESCRIPTION AMOUNT / LB
38% FERRIC CHLORIDE .1485
Travel expenses will be paid at no more than the City of Meridian's Travel and
Expense Reimbursement Policy.
BULK FERRIC CHLORIDE page 12 of 12
Meridian City Council Meeting
DATE: November 19, 2013 ITEM NUMBER: 6Q
PROJECT NUMBER:
ITEM TITLE: RESOLUTION NO.
Resolution No. 13 11(03 : A Resolution Approving CPAT 13-001
Comprehensive Plan Text Amendment by City of Meridian Planning Division Request:
Amend Certain Action Items Contained in the Comprehensive Plan
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
CITY OF MERIDIAN RESOLUTION NO. - �
BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN TO
AMEND THE 2002 COMPREHENSIVE PLAN BY AMENDING THE
GOALS/OBJECTIVES/ACTION ITEMS AND OTHER VARIOUS TEXT CHANGES TO THE
PLAN; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Mayor and Council have the authority pursuant to Idaho Code § 50-302 to
establish resolutions not inconsistent with the laws of the state of Idaho as may be expedient, in addition
to the special powers therein granted, to maintain the peace, good government and welfare of the
corporation and its trade, commerce and industry; and
WHEREAS, the City of Meridian Comprehensive Plan was adopted in August in 2002 as
resolution 02-382; and
WHEREAS, a public hearing was held on October 15, 2013 regarding the amendment of the
Goals/Objectives/Action Items and other various text amendments of the 2002 Comprehensive Plan.
WHEREAS, the Mayor and Council have deemed it appropriate to amend the text of the 2002
Comprehensive Plan for regarding the Goals/Objectives/Actions Items and other various text changes to
the Plan outlined in attachments Exhibit A.
WHEREAS, the Mayor and City Council have provided all the requisite notices, held the
necessary hearings, and received the required information necessary to make a final decision as required
by the Idaho Local Land Use Planning Act to amend the adopted comprehensive plan.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF MERIDIAN, IDAHO AS FOLLOWS:
SECTION 1. Pursuant to Idaho Code §67-6509, the Mayor and City Council hereby
amend the City of Meridian Comprehensive Plan as outlined in attached Exhibit A. A copy of this
Resolution and the attached amendment shall be held on file in the office of the City Clerk.
COMPREHENSIVE PLAN AMENDMENT — TEXT - GOALS/OBJECTIVES/ACTION ITEMS — CPAT 13-001— Page 1 of 2
SECTION 2. EFFECTIVE DATE. This Resolution shall be in full force and effect
immediately upon its adoption and approval.
ADOPTED by the City Council of the City of Meridian, Idaho, this /9y -"—day of
✓ , 2013.
APPROVED by the Mayor of the City of Meridian, Idaho, this %q da of
Y
AJ(, ✓ P,v bZk, , 2013.
APPROVED:
Mayor T y de Weerd
0�p,{FD )M_—
By:
ATTEST:City of
C%Vt E IDI
AL
aycee olman, City Clerkrhe TRE"'
COMPREHENSIVE PLAN AMENDMENT —TEXT -GOALS/OBJECTIVES/ACTION ITEMS — CPAT 13-001— Page 2 of 2
Detailed Text Changes (CPAT 13-001)
The proposed additions and changes to the City of Meridian Comprehensive Plan are highlighted below;
underline represents new text, while s#ike thfough is removal of existing text.
Underline and strikethrough list of changes to Goals/Obi ectives/Action Items
1. D.
.. Objectives
2.01.03C
Continue supporting community -betterment activities such as "Pgi^,-a, A ; Old
Town Communit Cleanu "and "Rake U Meridian." On-going
Mayor's Office
2.01.03F
Adopt and Implement a -the Welcome to Meridian signage plan.
klgh-On-going
Community
Development
3.01.026
Establish incentives for new commercial development within under-utilized existing
Community
commercial areas.
Highest
Development
3.03.O1D
Support split corridor traffic pattern downtown, using Main Street and Meridian
Community
Road.
#iffhestOn-going
Development
3.03.01F
Pursue bicycle routes/lanes to and through downtown.
Highest
Community
Development
Work with ACHD to implement a sidewalk supvey -ask people why they walk, where
3.03.01G
they wale concems, enjoyments, projects from the Downtown Meridian
Highest
Community
Pedestrian and Bicycle survey.
Development
3.03.02A
Work with COMPASS, ACHD, ITD and other regional partners to develop and
Community-
ommunitymans
manage
e a well-planned, sustainable, multi -modal transportation system.
+ Medium
Development
3.03.025
Work with ACHD, neighborhoods, and the city's Transportation T-Faffic Safet
Community
Commission to promote traffic calming and safety where problems exist.
On-going
Development
3.03.03A
Work with transportation agencies to establish truck routes.
Non pFieFitl`
Public Works
Lowest
3.04.01A
Evaluate potential for impact fees for lighting, landscaping, pathways and other
Public works
pedestrian facilities.
Medium
Parks
3.05.01A
Evaluate the allocation of land uses along the rail corridor, particularly the amount of
Community
land envisioned for industrial use; coordinate with UPRR and other stakeholders.
Medium High
Development
3.05.01G
Encourage research and employment opportunities in the northwest quadrant of
Community
Area of Cit Impact.
Highest
Development
3.06.01I
Preserve and protect industrial lands for continued industrial use
On-going
Communitv
Develo ment
4.01.O1D
Develop and maintain methods to promote the business community (e.g., web siteOffice
development, brochures, advertising).
Highest
Economic
Development
4.04.01E
Research potential sites with the Meridian Development Corporation for hal paFk
entertainment venues and a civic center in downtown.
Highest
Mayor's Office
4.04.01H
Develop programs with the Meridian Development Corporation to encourage and
support development of the arts, cultural and educational facilities in Old Town.
On-going
Mayor's Office
4.04.01M
Provide signage with the Meridian Development Corporation to attract people
downtown.
Highest
Mayor's Office
4.04.01N
Work with the Meridian Development Corporation to establish thematic or uniform
si na a downtown.
High
Mayor's Office
5.03.01G
Pursue Idaho Power's "Flex Peak" program in both municipal; and large
commercial/industrial facilities.
Medium Low
Public Works
5.03.01I
Educate design/builders, and small businesses about the benefits of selecting low
Public Works
greenhouse gas emitting products and appliances.
Medium
Communitv
Develo ment
Goals Objectives
5.04.O1C
Obtain and utilize monitoring software to analyze energy consumption in City
facilities.
MediuFn Lowest
Public Works
5.04.01D
Establish a dedicated, revolving fund based on energy savings to finance
conservation programs and projects in municipal operations.
Medium Low
Public Works
5.04.02A
Develop an outreach display/informational kiosk to provide public information on
energy conservation. Partner with other entities to provide outreach in other
locations such as schools and other public places.
Nigh Ongoing
Public Works
5.04.026
Review and analyze City codes related to lighting standards to insure appropriate
levels of outdoor lighting in both public and private installations; to assure the "the
right light for the right use" is installed.
On
aging
Public Works
5.04.02D
Seek opportunities for public-private partnerships to develop alternative electricity
e erating facilities.
Medium -Lowest
Public Works
5.05.03B
Procure specific recycled content and less toxic materials (internal
recycling/sustainability
rec clin /sustainabilit programs).
Medoum On-
n-
g oin
Public Works
Promote projects that demonstrate
5.06.01E
demonstrating the effectiveness of managing runoff, reducing construction and
maintenance costs, and enhancing communities via adoption of LID approaches,
strategies and technologies by collaborating with developers.Development
Medium
Community
Develop informational resources kiesk on green building strategies, and make
D�, l*r %Vn ks
5.06.02C
available to the community
Medium
Community
venues.
Development
5.9funct*ens
—
Establish Lew impact DeveloprAeRt (UD) strategies with cempFehensiye land
lid iiii
of the urban landscape-, in GFder to achie DnFnental
pFatectien, while allowing for development to occ4r-.
Medium
Public Work5.06.02
Revis developmeRt polweies, codes-, 9FOVAh and management plans te provide fo
mplementatien of apprepFiate Low impact Development (UD) te&RO'egies in
Medwu3
m
P, hlarA/�.1�
5.07.02A
Adeptaad Implement the a-reccled feda4ned wastewater master plan.
On-going
Public Works
5.0:7.02
''gGingPublic
%Afe.rks-
5.08.01B
Develop a source water protection plan.
MediuFA On-
oin
Public Works
5.08.01C
Coordinate with Idaho Department of Water Resources on reducing the proliferation
of private wells in the Area of Cit Impact.
Medium On -
going
Develop framework and components of a comprehensive surface water protection
5.09.01A
Program including Storm Water protection, Floodplain Management and stream and
riparian protection and restoration in order to satisfy the City's requirements under
the Clean Water Act, FEMA, and the National Flood insurance program.
Medium On -
going
5.09.O1C
Implement sevelep policies that limit canal tiling and piping of creeks, drains where
public safety issues are not of concern.
Medium On-
gin
�q
�ks
Community
Develo ment
5.09.01F
Identi � emenow m act Develo ment (LID)strategies in storm
water drainage systems that are administered by the City of Meridian.
Medium
�ks
Community
Develo ment
2.01.03C
Continue supporting community -betterment activities such as Taint the TGWR Old
Town Community Cleanup" and "Rake Up Meridian."
On-going
Mayor's Office
Meridian City Council Meeting
DATE: November 19, 2013 ITEM NUMBER: 6R
PROJECT NUMBER --
ITEM TITLE: RESOLUTION NO.
Resolution No. 1,3 - C! (o A Resolution Authorizing Destruction of
Meridian Police Records
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
A
A CITY OF MERIDIAN RESOLUTION NO. 13 — Q (o 1
BY THE CITY COUNCIL:
BIRD, HOAGLUN, ROUNTREE, ZAREMBA
A RESOLUTION OF. THE MAYOR AND THE CITY COUNCIL OF THE CITY OF
MERIDIAN AUTHORIZING THE CITY CLERK TO DESTROY CERTAIN SEMI-
PERMANENT RECORDS OF THE MERIDIAN POLICE DEPARTMENT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Mayor and City Council have the authority pursuant to Idaho Code
section 50-907(4) to, by resolution, destroy semi-permanent records, upon the advice of the City
Attorney, and with such disposition to be under the direction and supervision of the City Clerk;
and
WHEREAS, the City Clerk has identified certain semi-permanent records that may be
destroyed pursuant to Idaho Code sections 50-907(2) because the time period for retention of
such records has expired;
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO:
Section 1. That the City Clerk is hereby authorized to direct and supervise the
destruction of the following semi-permanent records of the Police Department:
POLICE YEAR(S) DESCRIPTION
Semi-permanent Records
Animal Control Records
01/01/2003 to 12/31/2003
Includes Animal Complaint
Reports for lost dogs, dogs and
cattle at large, barking dogs, and
cruelty to animals
Crime Reports (DRs) for
01/01/2003 to 12/31/2003
Includes Crime Reports for non -
other crimes
major crimes
Impounded & Abandoned
01/01/2003 to 12/31/2003
Includes Abandoned/ Impounded
Vehicle Records
Vehicle Reports
Traffic Collision Reports
01/01/2003 to 12/31/2003
Includes Traffic Collision Reports
not embedded within a crime
report
Section 2. That the City Clerk is authorized to take all necessary steps to destroy the
records as provided by this Resolution.
Section 3. That this Resolution shall be in full force and effect immediately upon its
adoption and approval.
RESOLUTION AUTHORIZING DESTRUCTION OF POLICE DEPARTMENT RECORDS PAGE 1 OF 2
t
ADOPTED by the City Council of the City of Meridian, Idaho, this _ "day of
November, 2013.
APPROVED by the Mayor of the City of Meridian, Idaho, this Iq d
2013. ay of November,
APPROVED:
Mayor T�Fy
de Weerd
ATTEST:
�0,pj'E �AUG�Sl
tn
$y; aycee Holman, City Clerkcity o� IDII��IDAHOSEAL.de TRE''SV4��P
RESOLUTION AUTHORIZING DESTRUCTION OF POLICE DEPARTMENT RECORDS PAGE 2 OF 2
Meridian City Council Meeting
DATE: November 19, 2013 ITEM NUMBER: 6S
PROJECT NUMBER --
ITEM TITLE: RESOLUTION NO.
Resolution No. 13 - 9(0-2- : A Resolution Authorizing the Donation and
Transfer of Ownership of Police Canine "Carlo" to His Handler, Meridian Police Officer
Seth Washburn
MEETING NOTES
Community Item/Presentations Presenter Contact InfoMotes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
''� CITY OF MERIDIAN RESOLUTION NO. /3 - %1a
BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA
A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF
MERIDIAN, IDAHO, SETTING FORTH CERTAIN FINDINGS AND PURPOSES TO
APPROVE RETIRING MERIDIAN POLICE DEPARTMENT POLICE CANINE
"CARLO AND TO DECLARE SUBJECT CANINE SURPLUS PROPERTY OF
NOMINAL VALUE; AND TO AUTHORIZE THE MAYOR OF THE CITY OF
MERIDIAN TO DONATE SUCH PROPERTY BY TRANSFERING OWNERSHIP OF
SUBJECT CANINE TO HIS HANDLER, MERIDIAN POLICE DEPARTMENT
OFFICER SETH WASHBURN; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Mayor and City Council have received the recommendation from the
Meridian Police Department that police canine "Carlo" is suitable for retirement due to medical
issues that no longer allow for his proper and safe use; and
WHEREAS, a retired police canine has no saleable value, as it would be unsafe or
inappropriate for possession by the general public; and
WHEREAS, the City wishes to divest itself of both ownership and vicarious or direct
liability for the subject canine; and
WHEREAS, it is in the best interest of the City of Meridian to thus declare that police
canine "Carlo" as described in the attached Exhibit A is surplus property, with nominal value, no
longer needed or to be used by the City of Meridian; and
WHEREAS, the City's purchasing policy guidelines for disposing of surplus property of
nominal value do not contemplate the standard protocol for disposing of a retiring police canine,
that being transferring ownership to the canine's handler if agreeable, or if not, to proceed to
locate a previous handler of said canine who is willing to assume ownership; and
WHEREAS, the Meridian Police Department recommends and supports the donation of a
retiring canine to its handler so that the canine who has served as a valuable member of the
Department may remain and live out the remainder of its days in familiar surroundings; and
WHEREAS, the subject canine's current handler, Meridian Police Officer Seth
Washburn, is willing to accept responsibility for the care of "Carlo" and agrees to assume
financial responsibility of, and liability for, the dog and to provide a comfortable, humane and
elo� caring environment for the remainder of his life; and
RESOLUTION TO RETIRE AND TRANSFER OWNERSHIP OF POLICE CANINE "CARLO"- 1 of 2
WHEREAS, Officer Seth Washburn agrees to accept ownership of "Carlo" as said
canine's present health condition exists without warranty or representation from the City of what
that condition is or may become; and
WHEREAS, Officer Seth Washburn agrees that "Carlo" will not perform any searches or
activity related to patrol narcotic -related duties or patrol apprehension -related duties; and
WHEREAS, Officer Seth Washburn agrees on to release the City from any and all
liability that might arise from owning a retired police canine upon transfer of ownership; and
WHEREAS, the Mayor and City Council find that the unique and special circumstances
surrounding the retirement of a police canine warrant waiver of the City's purchasing policy
disposal guidelines for surplus property of nominal value; and
WHEREAS, the Mayor and City Council find that transferring Carlo's ownership to
Officer Washburn is the safe, appropriate, and humane method for disposition of a City police
canine upon its retirement.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF MERIDIAN CITY, IDAHO:
Section 1. That the Mayor and City Council approve the retirement of Meridian Police
Department police canine "Carlo".
Section 2. That the Mayor and City Council declare the subject canine to be surplus
property of the City of Meridian.
Section 3. That the Mayor and City Council authorize the donation and transfer of
ownership of subject canine to his handler, Meridian Police Officer Seth Washburn.
Section 3. That this resolution shall be in full force and effect immediately upon its
adoption and approval.
ADOPTED by the City Council of the City of Meridian, Idaho, this )td -ay of November, 2013.
APPROVED by the Mayor of the City of Meridian, Idaho, this � i day of November, 2013.
APPROVED: 0-1 *zL�D `U �o8
City of
E IDIf—
MayorT y de Weerd IDAHO Ja
SEAL
Fir
���he TRE �S��
ATTEST:
Holman, City Clerk
RESOLUTION TO RETIRE AND TRANSFER OWNER POLICE CANINE "CARLO"- 2 of 2
L � y
i N^
•a Q U
cv co
0 2 v
E
m cn
Q
Y CA
M
G1 N
N •X
N N
0
m �
E
r- a) COj w
O w f0 } Q
a a co
d p Q w
a)(0 f6 L N E
cO c N
CL
c
c..0 ca gy m
WF - UW
N Cl) LO CO
L
O
rte+ CO
O
m
(n
W
LU
O
> N p N
O
a)
�Qcn
m
Q-o�o.,= � m
�C)w
J
`
LU
a
0
W
LU
�
�
Q
Z;
.O
cu ai
- ami w E °
IL
CL°
zECD
0
CCD
x3
, V LL
crs 2 m N
0
c
CO
z
O
~
N
W
w
V Q' a)
v
O� c p c
c
z
E
N
Ci
Z L o Tp a.E
O
J
N_
O
�
O O> y
>
cc
Q
--.� p C A
—
IL
O
a) LL
7
y Q w a) O
3 () O
to Q p uj
a)
O
N a)
Q
H
D
c c
U
W
IL
U
U)
Q
cLZE
N
Q
J
�
0
/Q�
VJ
U
o
Q
z
O
N
co
o
CL
a�
o
�
O
a)
O
LU
J
N
vOj
Q
d)
>
0
�'
O
Q^
CO)
L1
O
L
�O
c
p
O
acolla
LL
Z Z
a 0
Q
0 H
�
Cwa
G
op
LLZ
Z`m
W0
cl)
a
-"
c
w
L
aW
N
U
a
U
LL
z
r
1
a°
Q
Z
o
' I O
I� c
�
Q
QJ
~
N
Q
W
a
Ci
r
L � y
i N^
•a Q U
cv co
0 2 v
E
m cn
Q
Y CA
M
G1 N
N •X
N N
0
m �
E
r- a) COj w
O w f0 } Q
a a co
d p Q w
a)(0 f6 L N E
cO c N
CL
c
c..0 ca gy m
WF - UW
N Cl) LO CO
L
O
rte+ CO
O
m
(n
W
U
O
> N p N
O
a)
�Qcn
m
Q-o�o.,= � m
�C)w
C
(a-030C
m
rn
W
E
cn
L (D a
Q
Z;
.O
cu ai
- ami w E °
O
7
Z
`
NLOQQ
CCD
x3
, V LL
crs 2 m N
0
O
6,0
N m
�mo'vw�
W
w
V Q' a)
O a)
CD
O� c p c
c
E o E
C)
�
Z L o Tp a.E
O
J
N_
a)
O O> y
CO)
Q
w
c w
f0 c
--.� p C A
—
IL
O
a) LL
7
y Q w a) O
3 () O
to Q p uj
a)
O
N a)
a)
U U c p>
c C O
H
D
c c
O
U)
Q
cLZE
MO M 0 a—
Q
J
�
0
/Q�
VJ
ca
O
O
O
a
`^
U)
>,
0
m
N
co
o
CL
a�
o
�
O
a)
O
LU
J
N
vOj
Q
d)
>
W
�'
cu
cu
Q^
CO)
L1
O
L
�O
c
p
O
acolla
L
O
rte+ CO
O
.2
Q N O
U
O
> N p N
�Qcn
m
Q-o�o.,= � m
C
(a-030C
a)" :2
O
E
cn
L (D a
Z;
.O
cu ai
- ami w E °
N
O-
`
NLOQQ
CCD
x3
, V LL
crs 2 m N
17
Ea) a3
6,0
N m
�mo'vw�
V Q' a)
O a)
CD
O� c p c
c
E o E
C)
�
Z L o Tp a.E
O
J
N' O
a)
O O> y
CO)
Q
•N E •w
p p
c w
f0 c
--.� p C A
—
IL
E
O LL L
a) LL
7
y Q w a) O
3 () O
to Q p uj
a)
O
N a)
a)
U U c p>
c C O
H
p
ay o
c c
O
co Ca E o E;_ o c
:=cam
U)
MD —rn
-0 ao 0 2FI)
cLZE
MO M 0 a—
Q
Fp—� c0 mQ°�'�U�0wC,;6j
is
Meridian City Council Meeting
DATE: November 19, 2013 ITEM NUMBER: 7A
PROJECT NUMBER:
ITEM TITLE: FRANKLIN ROAD - BLACK CAT TO 10 -MILE WIDENING
Franklin Road, Black Cat to Ten Mile - Overview of Roadway Widening Project and
Discussion on Center Median Design
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E4WWLED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
Page 1
November 13, 2013
MEMORANDUM
TO: Mayor Tammy de Weerd
City Council Members
CC: City Clerk
FROM: Caleb Hood, Planning Manager e)�
RE: Franklin, Black Cat to Ten Mile Design
November 19th, 2013 City Council Agenda Item
Over the past year and a half, City Staff has been serving on the ACHD
project team for the Franklin Road, Black Cat to Ten Mile roadway widening
project. This Federal -Aid project is currently scheduled for construction in
2016, with the Black Cat/Franklin intersection.
One of the elements included with this roadway project up to this point is a
raised center landscaped median. This median has been the topic of
discussion and concern for some affected property owners. Larry Woodard
and a couple of other members of the Ten Mile Christian Church would like to
address the Council on this topic.
ACHD Staff has composed a memo (below) on the project and raised
medians. ACHD Staff will also be present to explain the project to Council on
November 19tH
This project was discussed with the Meridian Transportation Commission
during their November 4th meeting. The Commission does not recommend
any changes to the design ACHD currently has for this roadway.
City Staff has discussed this project a couple of times previously with Council.
Those previous discussions focused primarily on the center median
(landscaping partnership), roadway lighting, and detached sidewalks. Staff
would like to discuss this project and the median element specifically, again
with the Council on November 19th, allowing the public to address the Council
with concerns.
" �lIA.
Sara M. Baker, President
John S. Randen, Vice Pruett
AM Rebecca W. Amoid, Commissioner
&..wpra- o w MkWI A. Jaurena, Commissioner
An D. Hansen, Commissioner
October 30, 2013
TO: Caleb Hood, Planning Manager, City of Meridian
FROM: Dyan Bevins, P.E., Project Manager
SUBJECT: Franklin Rd, Black Cat Rd/Ten Mite Rd — Raised Medians
Executive Summary
Plans and Projects
The design for Franklin Road between Black Cat Road and Ten We Road, including the Franklin Road
and Black Cat Road intersection, began in 2011. As the concept design progressed, raised medians were
added to the project design based on the City of Meridian's Ten Mile interchange Specific Area Plan
that was adopted in June of 2007 and the ACHD Policy Manual related to access on a principal arterial.
The original design included only one full access point (break in the median) between Black Cat and
Ten We at Umbria Hills Avenue. ACHD staff recommends that the median remain in the project.
Facts & Findings
Two open houses have been held during design to inform the public and to gather their input. During
each open house several comments were received disapproving of the medians. After the second open
house, access to adjacent properties was revaluated and a second full access point was added
approximately 1300' east of Black Cat. This provides two full access points a quarter of a mile east and
west of Black Cat and Ten We respectively with a spacing of a half mile between them. With two full
access points it was concluded that properties along the corridor had proper access. The results of this
analysis were included in a response letter to the attendees.
After the letter was sent out, two property owners submitted comments against the median, one of them
being the Ten We Christian Church.
ACRD supports the median because of the traffic capacity and safety aspects. Please see attached
memo regarding the technical information related to the advantages and disadvantages of medians.
Currently, the Ten We Christian Church as one full access point to Franklin Rd about 840' west of Ten
IVtile Rd (considered their main entrance) and one full access point to Ten Mile Rd about 330' north of
Franklin Rd. The access to Ten We Rd has not been fully developed (gravel road to the access point).
The Church also has a full access point to Umbria Dills Ave which intersects with Franklin Road about
1500' west of Ten We Rd. Umbria Hills Ave is not a finished road at this time but it will be by the
time Franklin Rd is widened in 2016/2017.
Ten Mile Christian Church's access to Ten Mile Rd will not be changed with this project and will remain
a full access. With the proposed median on Franklin Rd, the Church's main entrance will become right
in -right out. Umbria Hills Ave will be a full access point with plans for a future signal. The Church has
access to this full access point on Franklin Rd to accommodate left turns in and out.
ACHD's policy states "Driveways, when approved on a principal arterial shall operate as right-in/right-
out only. The District will require the construction of a raised median in the Principal Arterial to restrict
the left turning movements on the principal arterial."
Recommendation
Based on ACHD policy, the City of Meridian's Ten Mile Interchange Specific Area Plan, and traffic
capacity and safety aspects, ACHD staff recommends keeping the raised median on Franklin Rd
between Black Cat Rd and Ten Mile Rd
Attachment(s): Memorandum from Josh Saak
Map
z ° fti,*k
40
Sara M. Balser, President
John S. Franden, Vice President
Rebecca W. Arnold, Commissioner
Mih"l A. Jaurena, Comm
Jim D. Hansen, Commissioner
MEMORANDUM
October 29, 2013
To: Dyan Bevins, P.E.
From: Joshua Saak, P.E., PTOE
Subject: Raised Median Justification
The purpose of this memorandum is to provide a general overview of raised median installation, the
advantages and disadvantages, and case studies from other jurisdictions on their experience before
and after construction.
Overview
Raised medians are one form of access management along a corridor. According to the Highway
Safety Manual (First Edition, 2010), access management is defined as a set of techniques designed to
manage the frequency and magnitude of conflict points at residential and commercial access points.
They attempt to balance the mobility required from a roadway while maintaining a level of
accessibility needed by adjacent land uses.
Raised medians provide an alternative to more traditional two-way left turn lanes (TWLTL)
constructed on Ada County collector and arterial roadways. in certain applications, raised medians
offer proven advantages in terms of safety and roadway capacity. Raised center medians are also
promoted by many transportation experts for their ability to reduce conflict points on roadways and
can appeal to local governments' desire to improve streetscape appearance. At the same time,
Individual business owners often oppose raised medians due to a fear of business loss.
Advantases of Raised Medians
Most operational studies focus on two-way left turn installation on roadways that previously did not
provide for separate left turn storage. Some studies analyzed driver behavior in response to roadway
geometry. A few "before and after" comparisons were made, and several studies reported that
delays were reduced by median improvements. Operational experience has been Limited, making
systematic comparisons difficult. However, most studies that considered the safety implications of
median installation showed generally consistent results in terms of crash reduction. They do predict
somewhat different crash rates for any given set of conditions, which is understandable given the
Ada County Highway District 9 3775 Adams Street + Garden City, ID • 83714 • Ri 208 367-6100 • FX 345-7650 • wwwAdAidaho"g
number of variables involved (driveway spacing, number of access points, traffic volumes, land use,
etc.). The average from the considered studies supports a 30 to 35 percent overall crash reduction
found in before and after studies for converting a two-way left turn lanes to a non -traversable
median.
In addition to benefits in terms of crash reduction, raised medians can offer the following
advantages:
• Maintaining operational speed, thus reducing emissions and fuel consumption;
• Allowing better land use control;
• Where provided, allowing for better pedestrian protection compared to painted islands or
two-way left turn lanes;
• Providing space for landscaping and other aesthetic treatments.
Disadvantaees of Raised Medians
Measuring the impacts of raised median installation has traditionally been difficult to assess. The
impacts not only depend how access to adjacent properties increase or decrease, but also on the type
of activity involved and the background economic conditions. Some land uses, such as regional
shopping centers or large office complexes, attract their clientele from a wide area. Other activities,
such as service stations and drive-in restaurants, rely on intercepting pass -by traffic; in such cases,
left -turn restrictions and increased travel distances could adversely affect business, though actual
evidence of this has not been definitively found for the aforementioned reasons.
In addition to the fear related to the loss of business, raised medians can provide the following
disadvantages:
• Limiting property or driveway access;
• Increasing u -turn movement frequency;
• Can be difficult to implement due to local opposition;
• Can be more expensive to construct compared to other forms of access management.
Existing research has primarily examined the design and operational aspects of raised medians.
However, there are a growing number of studies that involve the economic impacts of access
management treatments. This section contains summaries of particularly relevant work over the last
fifteen years.
Iowa
Maze et al. (1999) investigated the impacts of access management treatments to corridors in Iowa.
Safety, traffic, and business data were used to measure impacts caused by raised medians in case
study areas. Economic impacts were analyzed through sales tax data, business turnover data, and
business owner/manager interviews. The major conclusions of the study include:
1. Business success was not, for the most part, diminished when access was managed.
2. Access management projects increased safety, decreased crash severity, reduced number of
crashes, and reduced property damage.
3. Benefits of access management also included reduced delays.
Minnesota
Preston et al. (2007) studied the economic impacts of improvements to US Route 12. The project
restricted direct access onto US Route 12 and turning movements were routed onto frontage roads.
The Minnesota study evaluated the business impacts caused by the upgrade. Indicators, such as land
value changes, retail activity, employment trends, business turnover rate, travel time comparisons
and interviews from a sample of businesses are included in that study. The major conclusions of the
study included the following:
1. Perceived negative impacts were generally worse than actual impacts.
2. Business climate along the corridor improved with more businesses in existence after the
impacts, some increasing sales and others the number of employees.
3. Business success along the corridor is connected to adaptability in changing conditions.
4. Overall impacts on business are described from "neutral" to "very positive."
North Carolina
Cunningham, et al. (2010) performed one of the few economic access management studies since the
2008 economic crisis. A major focus of the -study was to provide results using local case studies, as
business owners in North Carolina were skeptical of research that used case studies from other
states. The study used a perception -based survey of local business owners and managers of 789
businesses along eight corridors with various access management treatments. These results were
compared against a baseline derived from eight "control" corridors. The major conclusions of the
study included the following:
1. Business owners reported no significant revenue changes caused by the raised medians.
2. Perceptions about the reduced number of customers were more negative than reality.
3. Single -location businesses were negatively impacted; however, it wasn't clear from the data
that larger economic conditions were not the likely cause.
4. High business turnover was possibly attributed to anticipated relocation prior to median
construction and new businesses opening after construction.
Utah
A research project for the UDOT Safety Division (2013) demonstrated that raised medians not only
reduced crashes and maintained traffic capacity; they may have increased sales at businesses along
the corridors. The study considered the perceived and actual impacts to businesses on roads where a
raised median was constructed. The study compared results of several projects involving raised
medians with similar studies of projects that did not include raised medians. In many cases,
businesses fronting the roads where raised medians have been considered have opposed them for
fear of business loss in favor of two-way left turn lanes.
Data was collected by the Utah State Tax Commission and analyzed along roads that recently received
raised median treatments as well as roads where a similar road construction proJect took place but
did not include a raised median. According to Christine Richman of GSBS Richman Economics
Consultants, the economist on the project, "In all cases the study corridors [with raised medians]
performed as well or better than the control corridors, study corridor zip codes and county -wide
areas."
This study offered an objective look at data specific to Utah and found that the perceptions of
business owners, collected as part of a parallel non -statistical survey, varied from the Tax Commission
data. According to Richman "[Improved corridor sales revenue] doesn't mean that each and every
business within the corridor did better following installation of the median. Based on anecdotal
observations, in some cases the retail mix changed in response to the economy, new area
competition and other contributing factors." A growing body of literature supports the safety and
capacity benefits of raised medians and data in Utah suggests that sales along corridors with raised
medians may actually do better than sales in similar areas without raised medians.
DATE
ITEM NAME
CITY OF MERIDIAN
CITY COUNCIL
SIGN-UP SHEET
November 19, 2013 ITEM # 7A
Franklin Rd. Blackcat - Ten Mile
PLEASE PRINT,=WE
NOW
'k�
0!�AZWAM�
�� ✓✓ 10
91!1111
t\I�� •/
��/�iisi�
lafon
,/W
_
ITITMA
M
No, M,'
m 0, Wit A WE � W/ 4, F1 w I �Wso W�w 0 -Em
�40
f(hut VED
WOV 1 5
CITY OFCJfFRQe,�r,
CITY CLERKS OFFICE
„K o
DATE
ITEM NAME
CITY OF MERIDIAN
CITY COUNCIL
SIGN-UP SHEET
November 19, 2013 ITEM # 7A
Franklin Rd. Blackcat - Ten Mile
PLEASE PRINT NAME�-
-.
W.5 MIDI .�
` ---WASP; . ./.M
IF
�
m��l
OAFMIN
_IIT■
f/
-
CITY OF0/dE D -
CITY CLERKS OFFICE
pa-
CITY OF MERIDIAN
CITY COUNCIL
SIGN-UP SHEET
DATE November 19, 2013 ITEM #
7A
ITEM NAME Franklin Rd. Blackcat - Ten Mile
PLEASE PRINT NAME
C�A�
WE, mp
w 40" Mol 0 M!! j
awl
DATE
CITY OF MERIDIAN
CITY COUNCIL
SIGN-UP SHEET
November 19, 2013
ITEM # 7A
ITEM NAME Franklin Rd. Blackcat - Ten Mile
PLEASE PRINT NAME-.
1
mram M_10_mm��
��_ F
f0,j"rz110fru.
11H MA 5 ONA1 f � mw,�� Vw.�, 0A
-R-ECETVED
CITY OF C�VE`�
CITY CLERKS OFFICE
CITY OF MERIDIAN
CITY COUNCIL
SIGN-UP SHEET
DATE November 19, 2013 ITEM # 7A
ITEM NAME
Franklin Rd. Blackcat - Ten Mile
PLEASE PRINT NAME-.
VANT,. PEA.i
_
WA
7
AAW . Q
ll
RECEIVED
NOV 19 _013
CITY OFGWERQ..��
CITY CLERKS OFFICE S
CITY OF MERIDIAN
CITY COUNCIL
SIGN-UP SHEET
DATE November 19, 2013 ITEM # 7A
ITEM NAME Franklin Rd. Blackcat - Ten Mile
PLEASE PRINT NAME
FOR
AGAINST
NEUTRAL
rr
Lo@I FDGLF,
A to
c e, f 1 +
14
r c -t c t,. 6 e rV c
—_
CITY CLERKS OFFICE
Meridian City Council Meeting
DATE: November 19, 2013 ITEM NUMBER: 7B
PROJECT NUMBER:
ITEM TITLE: TRANSIT PLANNING
Transit Planning: Review Draft Charter and Public Outreach Plan for the Meridian Transit
Planning Team
MEETING NOTES
W
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
November 13, 2013
MEMORANDUM
TO: Mayor Tammy de Weerd
City Council Members
CC: City Clerk
FROM: Caleb Hood, Planning Manager ely-
RE: Transit Planning — Draft Charter & Outreach Plan
November 19th, 2013 City Council Agenda Item
Over the last couple of months, Councilman Zaremba, Transportation Commission
Members David Ballard and Stephen Lewis, VRT Executive Director Kelli Fairless,
COMPASS Planner Walt Satterfield and I have been working towards establishing a transit
plan and budget for Meridian.
On the next several pages are the Draft Charter for this Transit Planning Team and an
associated Public Involvement Plan document. These documents have been shared and
discussed with MDC's Parking and Transportation Committee, the Meridian Transportation
Commission, the VRT Executive Committee and the Regional Coordination Council.
Kelli Fairless will be at the November 19th City Council meeting to explain more about the
project team and the process going forward.
Valley Regional Transit Project Charter
City of Meridian Public Transportation Operations Plan and Budget
November 4, 2013
Project Purpose
Complete a strategic plan and budget for public transportation operations to serve Meridian. The plan
will consider a medium-term service plan with short-term emphasis on developing a commuter -based
fixed route service by June 2014.
Project Objective and Outcomes
Major objectives are as follows:
Review and analysis of relevant plan data to include:
o Markets/Activities to serve
o Regional connectivity
o Peer system analysis
o Transportation corridors
o Demographics/Environmental Justice
Develop and implement a public outreach plan to include stakeholder and community engagement
Complete a mid-term and short-term service development plan with budgets to include the following:
o Operations Plan will include an outline of services to meet the need of Meridian in the mid-
term, prioritization of routes, and detailed operations plan for a short-term implementation
of a peak -hour commuter route
o Regional Coordination review to assure alternatives considered are consistent with
valleyconnect, the transit development plan adopted by the VRT board in FY 2011.
o Capital Equipment/Infrastructure plan will include an analysis and development plan for
necessary capital equipment and infrastructure needed to implement the plan
o Financing options with an emphasis on leveraging federal and local funds to the maximum
amount possible and identification of cost-sharing partnerships in non-profit and private
sectors
o Performance Measures and Evaluation process to assure services are meeting the stated
goals and objectives of the plan
o Marketing Plan to reach out to potential riders and maximize return on investment for
Meridian citizens
The outcome of analyzing the above objectives is clear alternatives and financial projections that can be
proposed during FY 2015 City of Meridian budget development process.
Decision-making Process
The project team will develop a plan and budget and make recommendation to the Meridian
Transportation Commission. The MTC will formulate a recommendation for consideration by the
Meridian City Council. VRT staff will present the recommendation to the VRT Executive Board which will
make a final recommendation to the VRT Board.
Project Team
City of Meridian
David Zaremba, Meridian City Council
Caleb Hood, Community Development
Community Development Department . 33 E. Broadway Avenue, Meridian, ID 83642
Phone 208-884-5533 ■ Fax 208-888-6854 . www.meridiancity.org
Page 3
• David Ballard, Meridian Transportation Commission
• Stephen Lewis, Meridian Transportation Commission
• David Moberly, Meridian Chamber of Commerce
• TBD, Ada County Highway District
• Ashely Ford, Meridian Development Corporation
Valley Regional Transit
• Kelli Fairless, Executive Director
• Jordan Swain, Planner
• Jacob Hassard, Regional Project Manager
• Rhonda Jalbert, Development Director
• Rick Thompson, Finance Director
ValleyRide
• Leslie Pedrosa, General Manager, Nampa ValleyRide Operations
• Billy Wingfield, General Manager, Boise ValleyRide Operations
COMPASS
• Walt Satterfield
Project Manager
The Project Manager is Kelli Fairless, Executive Director, Valley Regional Transit.
Opportunities
• City of Meridian recently included funding in their annual budget to support expanding public
transportation options to older adults and persons with disabilities
• City of Meridian recently included funding in their annual budget to support expanding services in
north Meridian for peak -hour commuters going to and from City of Meridian employers and activity
centers
• Increased interest on the part of the citizens to see public transportation services expanded as
evidenced by 2011 public survey, increased requests to VRT's Rideline, and increased requests to
City of Meridian staff
• Mid-term plan could serve to inform future development opportunities around a more clearly
defined Meridian transit network
• A Meridian transit network could bridge the gap in existing service between the Nampa -Caldwell
and Boise systems
Issues and Barriers
• The short-term service enhancement needs to be developed in the context of a medium-term
operations plan to serve Meridian citizens
• The balance between productivity routes (focused on serving commuters) needs to be balanced
with coverage routes (focused on serving transportation dependent) in terms of resource allocation
for mid and short term service options
• Local funding continues to be constrained for developing public transportation services
• There is no dedicated funding source for public transportation in the form of state or local option
authority
• Need to consider the capital equipment and infrastructure needed to support service expansion,
including lead time to procure necessary equipment
• The short-term route may not meet the needs of serving the most transportation dependent
populations
Page 4
• Service change analysis needs to be completed by January to allow inclusion in the FY 2015 budget
development process
• Plan needs to consider the different federal requirements of large urban (Boise TMA) and small
urban (Nampa UZA) in the context of federal match, operating issues (deadhead), and overall
system efficiency
Data Review
• Valleyconnect
• Performance Measures
• Peer system analysis
• VRT six-year operating budget
• VRT ten-year capital plan
• VRT Strategic plan update
• Communities in Motion
• City of Meridian Comprehensive Plan
• Ten Mile Plan
• City of Meridian 2011 Public Survey
• Destination Downtown
Project Timeline and Approach
October 2013
• Project Start — initial meeting with project team
October- January
• Bi -weekly team meetings to finalize service recommendations
November 2013
• Meeting with VRT Executive Board, Regional Coordination Council, Meridian City Council,
Meridian Transportation Commission and Downtown Parking and Meridian Transportation
Committee, Meridian Chamber of Commerce to review charter and seek input on plan
February- April
• Budget development
• Short-term service implementation
The project team will meet on a bi-monthly schedule (1St and 3rd,Fridays at 8:30 a.m.) to work through
the identified objectives. The kick-off meeting with the full project team will be used to prioritize the
objectives and create a working framework. It is suggested that each meeting be structured to review
one of the objectives reserving 15-30 minutes at the end of the meeting to scope the objective for the
next meeting and to make work assignments for the next meeting.
Budget Development will begin in January 2014, with data entry of budget details in February through
mid-March. The Mayor and Executive Management Team will prioritize requests during April and final
budget recommendations are targeted for completion by early May.
Page 5
PUBLIC TRANSPORTATION OPERATIONS PLAN
PUBLIC INVOLVEMENT PLAN OVERVIEW
City of Meridian Services
Introduction
The public involvement and education process is characterized by communication with
stakeholders that is early, continuous, meaningful, and inclusive during the life of the project.
A Public Involvement Plan is a "living document" that will be used for quality assurance by the
project team and is available to the general public.
PUBLIC INVOLVEMENT GOALS
• Identify appropriate stakeholders including elected officials, service providers,
environmental justice populations and other members of the public to identify
Meridian's transportation needs.
• Through stakeholder involvement, identify route structure and implementation
prioritization to meet targeted service objectives and serve neighborhoods and activity
centers.
• Identify strategies for meaningful public involvement to target audiences in order to
identify community needs relating to developing an operations plan and service
prioritization.
• Coordinate outreach with existing City of Meridian community relations activities.
• Develop a public involvement schedule.
POTENTIAL STAKEHOLDERS
The following list identifies potential stakeholders to include throughout the public involvement
process. The following list is not inclusive, and will likely change and grow throughout the
process.
• Meridian residents
• City Officials
• Valley Regional Transit/COMPASS/Highway Districts
• Meridian Transportation Commission
• Downtown Parking Committee/Meridian Development Corporation
• Transportation Service Providers
• Schools
• Commuters
• State, Regional, and local elected Officials
• Businesses Groups/Major Employers
• Human Service Providers
• Environmental justice populations (as identified in Title VI requirements)
• Meridian Chamber of Commerce
Page 6
ISSUES & PUBLIC INTEREST
• Identify stakeholder interests in improving transportation options for City of Meridian.
• Identify appropriate data sources, including demographics, service operations, financial
information, public input and other resources to conduct a needs assessment and gap
analysis.
• Focus services around transportation options to effectively serve neighborhoods, major
activities and employers, but also consider other target groups including persons with
disabilities, older adults, and low income individuals.
PUBLIC INVOLVEMENT METHODS
1. Project Information Sheet: A tool to educate stakeholders about the service
development project. The information sheet could be distributed through electronic
and/or direct mail, personal visits, meetings, or other appropriate venues.
2. Develop an inventory of existing groups.
3. Coordinate with City of Meridian to leverage the outreach they already do to existing
groups.
4. Personal contact with key stakeholders: One of the first steps in the process of
stakeholder outreach should involve personal contact with key stakeholders.
5. Public activity meetings: Public outreach activities including information booths at
major events or scheduled public meetings to discuss transportation issues.
6. Online Resources: Utilizing email, web -resources or social media to provide updates and
information regarding the veteran's transportation project.
7. Surveys: Developing web -based surveys to gain public input on the veteran's
transportation project.
8. Comment Tracking: Track comments and stakeholder activity throughout the project.
9. Social Network tools such as Facebook, Twitter, Linkedin
SCHEDULE OF PUBLIC INVOLVEMENT ACTIVITIES
Estimated schedule for public involvement activities was not identified
Stakeholder Outreach/Education
Estimated Date of
Completion
Develop and implement final outreach plan
Oct. 2013
Conduct Stakeholder Outreach Activities
Dec. 2013 through Jan.
2014
Complete a summary of stakeholder outreach and input
Feb. 2014
Outreach summary report
Mid -Feb. 2014
Meridian City Council Meeting
DATE: November 19, 2013 ITEM NUMBER: 7C
PROJECT NUMBER:
ITEM TITLE: STATE HIGHWAY 16 RIVER CROSSING
State Highway 16 River Crossing Impacts on Local Roadway Network
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E4MLED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
Sara M. Baker, President
John S. Franden, Vice President
Rebecca W. Arnold, Commissioner
Mitchell A. Jaurena, Commissioner
Jim D. Hansen, Commissioner
Planning and Programming
November 14, 2013
TO: Mayor and City Council, City of Meridian
FROM: Ryan Head, Planning Supervisor, Ada County Highway District
SUBJECT: Impacts of SH -16 River Crossing
Status Report for November 19, 2013 Meridian City Council Meeting
Executive Summary
As part of the Integrated Five Year Work Plan (IFYWP) comments work session, the City of Meridian expressed
concern over the potential impacts on the local and state system when the SH -16 connection is made between
SH44 and SH20-26 (Chinden Blvd). At the direction of the ACHD Commission, ACHD staff analyzed projected
travel patterns according to the Regional Travel Demand Model after the connection is made. ACHD staff met
with City of Meridian staff and agreed upon the parameters for the data to be reviewed and the horizon year of
2018.
The purpose of this memo is to provide a summary of the short term impacts to the ACHD system of the SH -16
river crossing. The summary addresses the impacts as they pertain to the horizon years for the Integrated Five
Year Work Plan (IFWYP) 2014-2018. The data presented quantifies the state of operations for three scenarios:
2013 (existing year)
• 2013 with SH -16 river crossing including all improvements programmed in the IFYWP.
• 2018 including all improvements programmed in the IFYWP including SH -16 river crossing.
ACHD Commission approved next steps and mitigation measures will be presented for discussion.
Background
ACHD recently adopted its IFYWP for 2014-2018. The technical analysis for the IFWYP analyzes the impacts of
demographic growth on the existing network. The network generally includes all imminent improvements within
the current year. At the time of the analysis SH -16 construction was still in the bidding process. For these
reasons SH -16 was not considered as part of the current network.
Area of Impact
The greatest short term impacts of the SH -16 crossing are primarily seen on Black Cat and Ten Mile corridors
from Chinden to Franklin. A graphical impact area is shown in Figure 1 below.
The results presented are for roadway segments and intersections falling within the area of impacts.
Figure 1: Area of Impact
Summary of Results
Roadways
The operational Level of Service (LOS) thresholds adopted by ACHD are LOS 'D' for minor arterials and LOS'E' for
principal arterials. Ten Mile and Black Cat are minor arterials from Chinden to Franklin. The existing roadway
configuration, with the improvements programmed in the Integrated Five Year Work Plan (IFWYP) is sufficient
to accommodate increased demand resulting from the new river crossing for the next 5 years
Intersections
The acceptable operational standard for intersections as dictated by ACHD policy is volume to capacity ratio of
0.9 (roughly corresponds to LOS D). There are a few intersections that may exceed acceptable thresholds at
different points in time between 2013 and 2018. Below is a summary of the different operational conditions.
• All intersections operate acceptably today
• If SH -16 were to be completed tomorrow Black Cat and Franklin would exceed thresholds. However this
intersection is programmed in the IFYWP to be improved in 2016.
• Ten Mile and Franklin would cross thresholds in 2018. However, the intersection does not have all lanes
operational currently (some are striped out). Use of all available lanes will be sufficient to handle the
future volumes in 2018.
• The three intersections that do not operate within acceptable standards and need mitigation measures
by 2018 and beyond are: 1) Chinden & Black Cat, 2) Ten Mile & Cherry, and 3) Ustick & Black Cat.
ACHD Commission Approved Next Steps
On November 6, 2013, the ACHD Commission directed staff to include the three intersections identified in next
year's prioritization for the IFYWP as there are no imminent road operational concerns. SH -16 would be
completed in 2014 and would be part of the network. This will help gauge the mitigation needs of the three
intersections against other projects in the region while considering SH -16 river crossing in its entirety.
Additionally, the Commission also approved ACHD staff exploring options to look at interim improvements and
include the three intersections in future scoping efforts to get cost estimates for the improvements.
Meridian City Council Meeting
DATE: November 19, 2013 ITEM NUMBER: 8
PROJECT NUMBER:
ITEM TITLE:
Items Moved From Consent Agenda
MEETING NOTES
6 C NC�-�k
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E4 WLED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
Meridian City Council Meeting
DATE: November 19, 2013 ITEM NUMBER: 9A
PROJECT NUMBER: RZ 13-011
ITEM TITt.E: CRIMSON MAPLE
Public Hearing: RZ 13-011 Crimson Maple by Crimson Maple Townhomes, LLC Located
on the East Side of NW 4th Street, North of W. Maple Avenue Request: Rezone 1.59
Acres from the R-8 (Medium -Density Residential) Zoning District to the R-15 Zoning
District (Medium High -Density Residential).
MEETING NOTES
CLERKS OFFICE FINAL ACTION
DATE:
E4MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
Meridian City Council Meeting
DATE: November 19, 2013 ITEM NUMBER: 9B
PROJECT NUMBER: CUP 13-011
ITEM TITLE: CRIMSON MAPLE
Public Hearing: CUP 13-011 Crimson Maple by Crimson Maple Townhomes, LLC
Located on the East Side of NW 4th Street, North of W. Maple Avenue Request:
Conditional Use Permit to Construct a Multi -Family Development Consisting of 12
Residential Units in a Proposed R-15 Zoning District
MEETING NOTES
Community Item/Presentations Presenter Contact InfoJNotes
0
CLERKS OFFICE FINAL ACTION
DATE:
&MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
Meridian City Council Meeting
DATE: November 19, 2013 ITEM NUMBER: 9C
PROJECT NUMBER: AZ 13-012
ITEM TITLE: SAGEWOOD SUBDIVISION
Public Hearing: AZ 13-012 Sagewood Subdivision by Sagewood Overland„ LLC Located
on the South Side of W. Overland Road Approximately 650 Feet West of S. Stoddard
Road. Request: Annexation of Approximately 16.34 Acres from R 1 and RUT in Ada
County to the L -O (Limited Office) (5.02 acres) and R-8 (Medium -Density
Residential) (11.32 acres) Zoning Districts.
MEETING NOTES
Community Item/Presentations Presenter Contact InfoAotes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
Meridian City Council Meeting
DATE: November 19, 2013 ITEM NUMBER: 9D
PROJECT NUMBER: PP 13-026
ITEM TITLE: SAGEWOOD SUBDIVISION
Public Hearing: PP 13-026 Sagewood Subdivision by Sagewood Overland„ LLC Located
on the South Side of W. Overland Road Approximately 650 Feet West of S. Stoddard
Road. Request: Preliminary Plat consisting of two(2) office lots, forty-five (45) residential
lots, and Eight (8) Common Lots on Approximately 15.62 Acres in the Proposed L -O and
R-8 Zoning Districts.
MEETING NOTES
Community Item/Presentations Presenter Contact InfoJNotes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
Meridian City Council Meeting
DATE: November 19, 2013 ITEM NUMBER: 9E
PROJECT NUMBER: AZ 13-009
ITEM TITLE: SPURWING ORCHARD EAST SUBDIVISION
Public Hearing: AZ 13-009 Spurwing Orchard East Subdivision by Brighton Investments,
LLC Located North Side of Chinden Boulevard and West of N. Ten Mile Road Request:
Annexation of 26.53 Acres from RUT in Ada County to the R-4 (Medium -Low Density
Residential) Zoning District
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
Meridian City Council Meeting
DATE: November 19, 2013 ITEM NUMBER: 9F
PROJECT NUMBER: PP 13-021
ITEM TITLE: SPURWING ORCHARD EAST SUBDIVISION
Public Hearing: PP 13-021 Spurwing Orchard East Subdivision by Brighton Investments,
LLC Located North Side of Chinden Boulevard, West of N. Ten Mile Road Request:
Preliminary Plat Approval Consisting of Sixty -Three (63)Single Family Residential Lots and
Four (4) Common Lots on Approximately 25.85 Acres in the Proposed R-4 Zoning District
MEETING NOTES
Community Item/Presentations Presenter Contact InfoJNotes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
Meridian City Council Meeting
DATE: November 19, 2013 ITEM NUMBER: 9G
PROJECT NUMBER: AP 13-001
ITEM TITLE: VIRDEN AUTO CARE
Public Hearing: AP 13-001 Virden Auto Care by Mike Virden Located 2651 E. Fairview
Avenue Request: City Council Review on an Appeal of the Planning Director's Decision
for the Installation of City Street Lights Adjacent to E. Fairview Avenue and N. Hickory
Avenue (UDC 11-3A-21 B) Approved with the Virden Auto Care Certificate of Zoning
Compliance (CZC 12-018)
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
Meridian City Council Meeting
DATE: November 19, 2013 ITEM NUMBER: 10A
PROJECT NUMBER:
ITEM TITLE: PUBLIC WORKS - STAFF RESOURCE DISCUSSION
Public Works: Staff Resource Discussion
MEETING NOTES
Community Item/Presentations Presenter Contact InfoMotes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
Meridian City Council Meeting
DATE: November 19, 2013 ITEM NUMBER: 10B
PROJECT NUMBER:
ITEM TITLE: PARKS AND RECREATION DEPARTMENT - FUTURE DOG PARK
Parks and Recreation Department: Future Dog Park Discussion
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-11I1AILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
Meridian City Council Meeting
DATE: November 19, 2013 ITEM NUMBER: 10C
PROJECT NUMBER:
ITEM TITLE: COMMUNITY DEVELOPMENT - MERIDIAN RURAL INTERCHANGE
Community Development: Meridian Road Interchange Inter -Agency Cooperative
Agreement with the Idaho Transportation Department
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
November 13, 2013
MEMORANDUM
TO: Mayor Tammy de Weerd
City Council Members
CC: City Clerk
FROM: Caleb Hood, Planning Manager e*
Mike Barton, Parks Superintendent
RE: Meridian Road Interchange Cooperative Agreement with ITD
November 19, 2013 City Council Agenda Item
Over the past year, staff has been working with the Meridian Interchange Task Force,
Connecting Idaho Partners, ITD, and Parametrix, on the design of the new Meridian Interchange
(IC). In June a concept was approved by Council, details of which have now been solidified. In
doing so, a cooperative agreement for improvements and maintenance of the lands around the
new interchange was prepared by ITD. This agreement has been reviewed by Parks, Planning,
Public Works and Legal Department Staff. Staff will present the draft City-ITD Cooperative
Agreement to Council and seek approval during the November 19th Council meeting.
If the Cooperative Agreement is approved by Council, staff will be back next year to discuss
enhancements for landscaping, rock/boulders and barrier railing art elements.
NOTE: Staff recently learned that the I-84 mainline widening will be done concurrently with,
and under the same contract as the IC rebuild project. The design package for the companioned
projects will be complete in early 2014; February project(s) advertised for bid; construction starts
approximately April 2014. Some of the work over the Ten Mile Creek will be done this
fall/winter while the irrigation water is out (Granite appears to be the low -bidder for this project.)
Community Development Department . 33 E. Broadway Avenue, Meridian, ID 83642
Phone 208-884-5533 ■ Fax 208-888-6854 . www.meridiancity.org
COOPERATIVE AGREEMENT FOR
IMPROVEMENTS AND MAINTENANCE
OF THE INTERSTATE 84 MERIDIAN ROAD INTERCHANGE
ITD Project No. A010(939)
This AGREEMENT ("Agreement") is made and entered into this ___ day of
---------
____1 2013, by and between the Idaho Transportation Department
(hereinafter, "State"), and the City of Meridian, an Idaho municipal corporation,
(hereinafter, "City") (collectively, the "Parties").
RECITALS
WHEREAS, the City has requested that the State approve the expenditure of
transportation funds for improvements associated with the State's Interstate 84
Meridian Interchange (IC), Project No. A010(939), at the junction of Interstate 84 and
Meridian Road, in Meridian, Idaho, near Mile Post 44 (hereinafter, "Project"); and
WHEREAS, the City is committed to protecting the investment of these funds by
performing certain maintenance as agreed upon between the Parties; and
WHEREAS, authority for this Agreement is established in Section 40-317, Idaho
Code, which allows for cooperative agreements between the State and municipalities
for the construction of and improvements to bridges and state highways; and
NOW THEREFORE, in consideration of the mutual covenants and agreements
herein contained, the Parties do mutually undertake, promise, and agree as follows:
I. Appropriation of Funds
This Agreement contemplates a) that the State will provide sufficient funds to design
and construct improvements included in the Project and specifically detailed in Exhibit
A, State Improvements, attached hereto and incorporated herein and b) that the City
will provide sufficient funds to contract separately for the improvements specifically
detailed in Exhibit A, City Improvements, attached hereto and incorporated herein.
11. Responsibilities of State
2.1 State agrees it will pay for improvements for the Project, listed on Exhibit A, in
accordance with the Project construction plans and specifications.
2.2 State agrees to notify the City of any future highway construction that would
impact the improvements covered by this Agreement, and to seek mutually agreeable
solutions to any such construction in order to minimize the destruction or removal of
the improvements covered by this Agreement. If a solution is not found, both Parties
1-84 MERIDIAN ROAD INTERCHANGE COOPERATIVE AGREEMENT - I
understand and agree that the State shall be allowed to alter the improvements at its
expense and that the City's obligations under this Agreement shall cease. In such
event, State agrees to provide sixty (60) days written notice to the City prior to any
construction or other actions to alter the improvements.
2.3 State agrees to hold contractors/subcontractors responsible for any and all
damages to the improvements resulting from contracted work on the Project.
2.4 State shall maintain the Meridian IC bridge structure, including the irrigation
pipe sleeves provided for installation of the pressurized irrigation system though the
structure.
2.5 State will coordinate with the City to install railing art as part of the Project, as
long as the art meets the specifications provided by the State and attached hereto as
Exhibit C, including coordination of traffic control as necessary.
2.6 State agrees to allow the City to install landscaping in Areas A and B as shown
on Exhibit B, prior to substantial completion of the Project, including coordination of
traffic control with the State's contractors/subcontractors as available.
2.7 State will coordinate with the City on future installations of MSE wall panel art
as long as the art meets the specifications provided by the State and attached hereto
as Exhibit C, including issuance of a permit and coordination of traffic control as
necessary. State will allow installation of rods/bolts for abutment art that meets the
specifications in Exhibit C.
III. Responsibilities of City
3.1 The City will have an opportunity to review and provide comment on the Project
construction plans and specifications, prior to approval of the Project plans by the
State.
3.2 Before the Project is advertised for construction, the City shall certify in writing
to the State that the right-of-way easements needed for the sidewalk extension east of
Meridian Road north to the Waltman/Commercial and Meridian Road intersection and
the new water line easement from Progress Avenue to the 1-84 westbound off -ramp
have been acquired.
3.3 After the State and City's acceptance of the improvements in Areas A and B as
shown in Exhibit B, City shall install the improvements listed in Exhibit A.
3.4 Upon completion of construction of the Project, City will assume responsibility
for maintenance and care of the improvements in all irrigated areas shown on Exhibit
B including:
I-84 MERIDIAN ROAD INTERCHANGE COOPERATIVE AGREEMENT - 2
a. Remove trash, snow/ice and other roadside debris from sidewalk
areas adjacent to Meridian Road in Project area
b. Trim, prune, water and otherwise maintain the landscaping
features and plantings in an attractive condition
C. Operate and maintain the pressurized irrigation system, including
main and distribution pipes, valves, sprinklers, and control system,
after the Contractor warranty periods are complete
d. Maintain sprinklers so that they do not wet the roadways
3.5 City shall assure establishment of plantings by watering, cultivating,
replacement of plants and mulch in Area A installed by the City as listed in Exhibit A,
including other work necessary to maintain the plants in a healthy condition.
3.6 If City neglects to install landscaping materials in Area A shown in Exhibit B
within one year from completion of the Project, City shall reimburse the State to offset
State's cost of installation of Agreement items and subsequent paving of ramp islands,
as justified in the cost breakdown provided in Exhibit D.
3.7 As part of the Project, City may proceed with installation of railing art, insofar
as said art meets the specifications provided by the State and attached hereto as
Exhibit C, and assume responsibility for maintenance and care of the railing art.
3.8 As part of future action(s), City may elect to pursue and assume responsibility
for maintenance and care of additional enhancements described in Exhibit C and
located in Area B as shown on Exhibit B, including:
a. Additional landscaping features
b. MSE wall panel art
3.9 If the City installs any improvements in Exhibit B, Area B and/or as described in
Exhibit C, City shall assure the establishment of plantings by watering, cultivating,
replacement of plants or mulch, and other work necessary to maintain the plants in a
healthy condition and art features in an attractive condition.
3.10 City shall perpetually maintain the areas within the Project site as shown on
Exhibit B, subject to annual appropriation of such maintenance cost by the City and in
conformity with the provisions of Article VIII, Section 3 of the Idaho Constitution.
3.11 Should the City desire additional enhancements after completion of the Project,
City will comply with the State's standard permitting and approval process for work
within the 1-84 and Meridian Interchange right-of-way.
3.12 City shall utilize State -approved highway safety procedures for City personnel
during all times maintenance is underway within the State retained right-of-way.
I-84 MERIDIAN ROAD INTERCHANGE COOPERATIVE AGREEMENT - 3
IV. Indemnity
Should any part of the improvements within the State retained right-of-way and
maintained by the City be damaged or destroyed though the wrongful or negligent act
of any third party, the State will make every effort to determine the identity and
whereabouts of the responsible party and the State will attempt collection of the costs
of the repair or replacement. If the State is able to collect the cost of repair or
replacement, it will advance the funds to the City, based on City estimates or repair
invoices.
City does hereby indemnify, save and hold harmless the State from and against any
and all liability, damages or costs, known or unknown, relating to or as a result of
City's maintenance of the Project site and not as the result of the negligence of the
State.
State does hereby indemnify, save and hold harmless the City from and against any
and all liability, damages or costs, known or unknown, relating to or as a result of
defects in the construction of the Project resulting in additional cost to the City to
plant, repair, replace or maintain the improvements which are the subject of this
Agreement and not as the result of the negligence of the City.
V. Term of Agreement
It is anticipated the term of this Agreement shall be perpetual, subject to annual
appropriation of such maintenance cost by the City and in conformity with the
provisions of Article VIII, Section 3 of the Idaho Constitution. Neither Party may
terminate this Agreement without the prior written consent of the other Party, other
than as set forth in this Agreement.
VI. General Provisions
6.1 Contact Information: The contact for the Idaho Transportation Department shall
be the District Three Engineer Manager at (208)334-8300. The contact for the City of
Meridian shall be the Director of Parks at (208) 888-3579.
6.2 Termination of Interagency Agreement/Nonappropriation: Nothing in this
Agreement shall be construed to be an indebtedness or liability in violation of Article
VIII, Section 3 of the Idaho Constitution.
6.3 Attorney Fees: In the event of any controversy, claim, or action being filed or
instituted between the Parties to enforce the terms and conditions of this Agreement,
or arising from the breach of any provision hereof, the prevailing Party will be entitled
to receive from the other Party all costs, damages, and expenses, including reasonable
attorneys' fees. The prevailing Party will be that Party who was awarded judgment as a
result of trial or arbitration.
I-84 MERIDIAN ROAD INTERCHANGE COOPERATIVE AGREEMENT - 4
6.4 Choice of Law: This Agreement shall be governed by, and construed in
accordance with, the laws of the State of Idaho.
6.5 Exhibits: All exhibits to this Agreement are incorporated by reference and made
a part of this Agreement as if the exhibits were set forth in their entirety in this
Agreement.
6.6 Entire Agreement: This Agreement and the exhibits hereto constitute the full
and entire understanding and agreement between the Parties with regard to the
transaction contemplated herein, and no Party shall be liable or bound to the other in
any manner by any representations, warranties, covenants and agreements except as
specifically set forth herein.
6.7 Acknowledgments and Modifications: No acknowledgments required hereunder,
and no modification or waiver of any provision of this Agreement or consent to
departure there from, shall be effective unless in writing and signed by State and City.
6.8 Headings: The headings used in this Agreement are used for convenience only
and are not to be considered in construing or interpreting this Agreement.
6.9 Counterparts: This Agreement may be executed in two or more counterparts,
each of which shall be deemed an original, but both of which together shall constitute
one and the same instrument.
End of Agreement
[Signature page follows.]
I-84 MERIDIAN ROAD INTERCHANGE COOPERATIVE AGREEMENT - 5
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
the date first above written.
CITY OF MERIDIAN IDAHO TRANSPORTATION DEPARTMENT
Mayor, City of Meridian
Attest:
City Clerk
Approved As To Form:
—-------------
Deputy Attorney General
Idaho Transportation Department
District Engineer, District Three
Recommended by:
GARVEE Program Manager
1-84 MERIDIAN ROAD INTERCHANGE COOPERATIVE AGREEMENT - 6
EXHIBIT A
State Commitments:
1. Design for Area A and Area B as shown on Exhibit B
a. Irrigation design
b. Planting plan
c. Provisions for future well connection to irrigation system
2. Improvements of Area A (Ramp islands only) as shown on Exhibit B
a. Topsoil
b. Crushed aggregate mulch
c. Pressurized irrigation delivery
d. Surface distribution system
e. Mow strip and concrete adjacent to Meridian Road for
maintenance access/parking
3. Improvements of Area B as shown on Exhibit B
a. Pressurized irrigation delivery
b. Surface distribution system
4. Extend 7 -foot sidewalk on east side of Meridian Road to Waltman/Commercial/
Meridian intersection
5. Formliners
a. MSE wall panels
b. Center pier
c. Outer parapet
d. Inner parapet
6. Color treatment of concrete (stain/dye)
a. MSE wall panels
b. Center pier
c. Outer parapet
d. Inner parapet
7. SPUI raised island concrete pattern
City Commitments:
1. Landscape materials for Area A as shown nn Fxhihit R
Plant
Qty
Unit
Ivory Halo' Dogwood
Common Beech_
Hid -cote -Lavender _399
meln Fountain Grass
75
22
2122
EA
EA
EA
EA
�
Eg
2 gal
1 gal
LRedHead Fountain Grass
342
EA
1 gal
Russian Sage
175
EA
5 gal
Serbian Spruce _
5
EA
14'
Colorado Spruce _
14
EA
14'
Goldstrum Black-eyed Susan
1,354
EA
1 gal
Neon Flas Japanese Spiraea
577
EA
2 gal
Common Yucca
( Rock muleh {per plan)
425
1
EA
LS
5 gal
I-84 MERIDIAN ROAD INTERCHANGE COOPERATIVE AGREEMENT - 7
Legend:
POUR Areas A'
Areas'S'
Irrigated Areas
EXHIBIT B
I-84 MERIDIAN ROAD INTERCHANGE COOPERATIVE AGREEMENT - 8
EXHIBIT C
POTENTIAL FUTURE ENHANCEMENTS BY CITY
Landscaping Area B as shown on Exhibit B•
1. Planting vegetation including trees, shrubs, etc.
2. Boulder fields near retaining walls.
MSE Wall Panel Art Specifications:
1. Art work should be no larger than 12 feet in height and 25 feet in width.
2. Material should be steel — with a thickness of 1/4" to 3/8" with a maximum
weight of any one piece up to 5000 pounds.
3. Artwork connected to the panels require a minimum of 4 supports (3/4" bolts or
rods) which should be installed by drilling and epoxying following construction
and settlement of the wall panels. The support locations should be specified
once art work size is determined and supports installed with the artwork, not
with the overall project.
Railing Art Specifications•
1. Art piece(s) may have 50% coverage of railing panels.
2. Art piece(s) must not weigh more than 50 lbs. per linear foot.
3. Art piece(s) must adhere to railing with no more than a 6" off -set from railing
panel.
1-84 MERIDIAN ROAD INTERCHANGE. COOPERATIVE AGREEMENT - 9
EXHIBIT D
EQUIVALENT COST OF IMPROVEMENTS
Total =
Qty r.
Unit
Unit Price
Total
1
EA
$80,000.00
$80,000.00
1250
CY
$4.00
$5,000.00
1
LS
$27,000.00
$27,000.00
1400
LF
„1
$24.00
$33,600.00
33750
_._
_ SF
�.._ $0 55
$18,562.50
235
SY
$50.00
$11,750.00
325
_SY
$50 00
$16250.00
-- '
1
EA
$150,000.00
$150,000.00
8000
LF
$6 00
$48,000.00
80000 !
SF
$_0._40
$321000.00
1
EA
$2,000 00
$2,000.00
4210
SY
$50.00
$210,500.00
I-84 MERIDIAN ROAD INTERCHANGE COOPERATIVE AGREEMENT - 10
$634,662.50
Meridian City Council Meeting
DATE: November 19, 2013 ITEM NUMBER: 11 A
PROJECT NUMBER:
ITEM TITLE: ORDINANCE NO.
Ordinance No. 1-3- i s g : An Ordinance (RZ 13-007 - Baltic Place
Addition) For The Re -Zone Of A Parcel Of Land Located In The NW IA Of The NE'/. Of
Section 18, Township 3 North, Range 1 East, Boise Meridian, City Of Meridian, Ada
County Idaho; Establish -ging And Determining The Land Use Zoning Classification Of I -L
(Light Industrial) Zoning Districts In The Meridian City Code; And Providing An Effective
Date
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
v.
Meridian City Council Meeting
DATE: November 19, 2013 ITEM NUMBER: 12
ITEM TITLE:
Future Meeting Topics
PROJECT NUMBER:
MEETING NOTES
Community Item/Presentations Presenter Contact InfoJNotes
CLERKS OFFICE FINAL ACTION
DATE:
E4MLED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS